Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1837-01-26

| wnct " now proposed shall be accom-
plished, | know not what would have
been the value OF such a provision. how
eve. formally or carefully IL aigh, have
been inserted in the body Of that in
strumcnt.
But, az there Is no such constitution
al privilege, ! can only effect NV pur-
pose BY thus addressing the Senate. aud
| rise, therefore, to maze that PRO-
TEST in this manner. in the face OF
tho Senate. aud an the face OF the coun
Try, which | cannot present 10 any
other form.
lspcak an my own Sehalf. and in be
half of my colleague; VIC both speak as
Senator. from the State Of Massachu-
sci,s, and. as such. We soicmnly PRo.
TEST against this wholc proceeding.
We deny that Senators from other
Sts;es have any power or authority to
eNpunge any vote or votes which ws
have given here. aud which we have
recorded. 'grecablv to The express pro-
vision OF the Constitution.
We have high personal interest.
and the State whose Representatives
We are, has also high interes, in the
entire preservation Of every part and
parcel Of the record OF or conduct. as
members OF the Senate.
Thi, record the Constitution solemn
~ declares shall bc KEPT; bu, The re-
solution before the Scua.e declares that
this record shall be eIpunged
Whether subierfuye and evasion.
and. as it appears 10 ne, The degrading
mockcry of DRAWN. black lines upon
the journal, shall orshsll no, leave our
names and our votes lesibl-, when thi,
violation Of ihe record shall have been
completed. still tho terms ito expunge"
and the terms ITO keep" when applied
TO record. import idesI exactly con-
Trajectory; IS much so o, the term, ITO
preserve" and ~ the terrns Ito des-
troy"
y reeori which is rxrUEGrD. is no,
record which is KEPT. any more than
record which 10 DESTROYED can be
a record which is PRESERVED. The
part exPunGrd is no longer part OF the
record; it has no longer legal exis-
'cncc. II cannot be certified as part
of the proceeding of the Senate for any
purpose Of proof or evidence.
The object Of the provision in The
Constitution, a. we think. most obsi-
onsly is. Ina, the. proceedings Of the
senate shall be- preserved. in writing,
not Tor The present only. no, until pub
liNhei only because = cory ri the
printed journal is not regular legal evil
dence; but preserved indefinitely; pre-
served, a, other records are preserved.
I'LL destroyed by time or accident.
Livery ono must see that matters Of
the highest importance depend on the
permanent preservation OF the journals
of the two Houses. What but the
journals show that bills have been re-
gulatly passed into Laws. through the
several stages; whs; but The journal
shows uho are members. or who is Pre-
'idcht, or Speaker, or Secretary, or
Clerk Of the BODY; What but the
Journal contains ths proof. necessary
for the justification of those Who act
under our authority, and v ho without
he power ofproduoing such proof. must
stand irrsTasscrs What bat the Jour
mails show who is appointed, ani who
rejected, by We, on the Presidents noui.
nation; or who is acquitted. or who con-
,ictsd, n trials on irreachmenti Ia
short, is there, at ans Tim, any other
regular and legal proof Of any a, done
by Inc Senate than the journal itself;
The idea, therefore. that the Senate
i, bound 10 preserve its journal only
until it is published and then may alter,
muii!ate or destroy at i'll pleasure. APP
pears 60 us one of the most extr.ordina-
y sentiments ever advanced.
We are deeply grateful 20 those
fGicbds who have shown, with so much
clcsrnes, that all me precede6ts relied
on 10 Justify or TO excuse this proceed
ing. are ei!her not 20 the purpose, or.
from the tunes and circumstances n.
and under which they happened. are
M way entitled 20 respect in q free
Government. existing under written
Con iitLiion. But, for ourselves, we
stand on the plain words Of that Cons;i-
tuition ii.clf. A thousand preceden,S
elScv here made. whether ancient or
modern. can neither rescind. nor con
irol, nor explain away these words.
The words arr. that leach House
ball EgEP \ journal Of its proceed
,ngs." No gloss, no Ingenuity. no
specious Interpretation, and much less
can any fair or just reasoning reconcile
the process ofrXpunging with the plain
meaning of these words 10 the sa,is-
faction uf the common sense and hon.
est understanding Of mankind.
II the Scns'e uay now eNpungc one
raft of tlie journal OF former session,
1t may. with equal authority, cIpunge
another part. or the whole. II may
expunge the entire record Of any one
session. or uf all sessions.
II seems II as inconceivl5!e how
any men can regard such power, snd
its exercise at pleasure, rs consistent
with the Injunction OF the Constitution.
IL can make no difference hat is the
completeness or Incompetence Of the
act Of expunginZ. or by what means
done whether by erasure, o5liieration,
Or dcfAccncni. II by DETACHMENT. a.
here r,r.f.o.cl "a h.fher rrr v,,rd -