Litchfield enquirer., 1837-02-02

and was UetOed by the President. Had even the Land Bill of last year gone into operauon' he stated that the distribution of the surP!uS among the States would have been more llD- eral than under the distribution act. lie stated his course. It would be rigidly to ad- here to the compromise act. lie mlgnt nO'
 be able to preserve it, as there seemcG to Oe 1 n great disposition to modify It m reieTence
 to certain articles in behalf ot which our cT,ronathes are elicited, but if it were to be touched, he would wish no participation m 1 the act.
 SENATE OF THE UNITED STATES. MONDAY, l6th January. The debate on the Expunging Resolutions having closed, and the question being about to be taken, Mir. Webster rose, and addressed the Senate as follows:
 Mir. President: Upon the truth and justice of the original resolution of the Senate, and upon the authority of the Senate to pass that resolution, had an opportunity to express my opinions at a subsequent perlod' when 1 the Presidents protest was before us. Ihose opinions remain altogether unchanged. And now, had the Constitution secured the privilege of entering Protest on the journal i should not say one word OH this occasion 1; although, if what is now proposed shall De accomplished, know not what would have
 been the value of such a provision, however formally or carefully it might have been in' serted in the body of that instrument. But. as there is no such constitutional priv ilege, can only effect my purpose by thus addressing the Senate and rise, therefore, to make that PROTEST in this manner, in the face of the Senate, and in the face of the country, which cannot present in any other form.
 speak in my own behalf, and in behalf of my colleague; we both speak as Senators from the State of Massachusetts, and, as such, we solemnly Protest against this whole pro- ceeding. .+
 have any power or authority to expunge any vote or votes which we have given here, and which we have recorded, agreeably to the express provision of the Constitution.
 We have high personal interest, and the State whose representatives we are, has also high interest in the entire preservation of every part and parcel of the record of our conduct, as members of the Senate.
 This record the Constitution solemnly de- clares shall be kept; but the resolution be- fore the Senate declares that this record shall be erpunged.
 Whether subterfuge and evasion, and, as it appears to us, the degrading mockery of drawing black lines upon the journal. shall or shall not leave our names and our votes legible, when this violation ofthe record shall have been completed, still the terms "to ex- punge" and the terms "to keep" when ap- piled to record, import ideas exactly con- tradictory; as much SO as the terms "to pre- serve," and the terms '" to destroy"
 A record which is erpunged, is not record which is kept, any more than q record which is destroyed can be record which is preserved. The part expunged is no zlnnger part af the rccOru It Mas n6 longer legat eXlsrence.- It cannot be certified as part of the proceed ing of the Senate for any purpose of proof or evidence.
 The object of the provision in the Consti. tuition, as we think, most obviously is, that the proceedings of the Senate shall be pre- served, in writing, not for the present only. not until published only, because copy of the printed journal is not regular legal evil dence; but preserved indefinitely preserv- ed, as other records are preserved, till de- stroyed by time or accident.
 Every one must see, that matters of the highest importance depend on the permanent preservation of the journals of the two Hous- es. What but the journals show that bills have been regularly passed into laws, thro' the several stages! what but the journals show who are members, or who is President, or Speaker, or Secretary, or Clerk of the bo- dy! What but the journal contains the proof, necessary for the justification of those who act under our authority, and who, without the power of producing such proof, must stand as trespassers? What but the journals show who is appointed, and who rejected, by us, on the Presidents nomination or who is ac- quilted, or who convicted, in trials on i'm. peachment? In short, is there, at any time, any other regular and legal proof of any act
 done by the Senate than the journal itself?
 The idea, therefore, that the Senate is
 bound to preserve its journal only until pub-
 lished, and then may alter, mutilate, or de-
 stroy 1t at pleasure. appears to us one of the
 most extraordinary sentiments ever advan-
 ced.
 We are deeply grateful to those friends
 who have shown, with so much clearness
 that all the prccedents relied on to justify ol
 to excuse this proceeding, are either not tc
 the purpose, or, from the times and circum } stances at and under which they happened are no way entitled to respect in a free Gov ernment, existing under written Constitu tion. But, for ourselves, we stand on the plain words of that Constitution itself. A thousand preccdents elsewhere made, wheth CT ancient or modern, can neither rescind , nor control, nor explain away these words. ; The words are, that "each House shal ) KEEP journal of its proceedings" No gloss . no ingenuity, no spacious interpretation, anC much less can any fair or just reasoning re , concile the process of cxpunging with tho : plain meaning Of these words, to the satisfac