The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1837-02-03
THE ExPUNGING RESOLUTION.

IN SENATE-Mondsy. Jannsfy nc,

Inc oeoale having closed and Tie
question being sbaui % be taken.
Mr.. WEBSTER rose. aud addressed
The Senate a. fnilows:--
Nr. President: Upon the truth and
justice Of The original resolution OF the
senate. and upon The authority IL the
Senate 10 pass that resolution. had an
opportunity 10 express my opinions AZ
asubsequeni period, when the Presidents
protest was before US. These opinions
remain altogether unchanged.
And now. had the constitution secur-
ed The privilege Of entering PROTEsr on
the Journal. | should not say one word
on this occasion; although. If what is
now proposed shall be accomplished. 1
know not what would have been the value
Of such provision. however formally or
carefully il might have been inserted in
the body Of that instrument.
But. as there is no such constitutional
privilege. ! can only effect my purpose
BY thus addressing the Senate: and rise,
therefore. 10 make that PROTEST in
this manner, in the face of he Senate.
and IN the lace OF the country. which
cannot present in any other form.
speak in my own behalf. and in be.
half Of my colleague; we both speak as
Senators from the State Of Massachusetts,
and, as such. we solemnly PROTEST.
against the whole proceeding.
We deny tina, the Senators from other
states have any power or authority 10
expunge any vote or votes which NC have
given here. and which we have record.
ed agreeably 10 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
declares. shall BE- kepf--bul The resolution
before the Senate declares tina. this record
shall be srp,mged.
Whether sublerfuge and evasion. and,
as IL appears 10 US, the degrading mock.
cry Of drawing black lines upon the JOUR-
nal, shall or shall not leave our names
and our votes legible, when this violation
of the record shall have been completed,
still the term "expunge" and the term
&" to keep" when applied to record.
impor. ideas exactly contradictory. as
much so as the term ito preserve" and
the term TO destroy"
! A record which is srpungsd, is not 3
record which is kept. any more than a
record which is destroyed can be record
which Is preserved. The part expunged
is no longer part of the record; 1t has no
longer legal existence. II cannot be
certified as part Of the proceedings Of
! the Senate for any purpose Of proof or
evidence
The object Of the provision Of the
Constitution, as we think. most obvious
; ly is, that the proceedings of the Senate
shall be preserved. in writing, not for ths
presen, only. not until published only.
because copy Of the printed journal is
/ mol regular legal evidence; but preserved
! indefinitely; preserved. as other records
are preserved, ill destroyed by time or
accident.
Every one must see that matters al
the highest importance depend on the
permanent preservation Of the journals cf
the two Houses. What but the journals
show that bills have been regularly pass
ed into laws. through the several stages;
wha. bot the journal shows who are the
members, or who is president. or speaker.
or secretary, or clerk Of the body! Whas
but the journal contains the proof, neces.
sary for the justification of those who
&C, under our authority. and who, With.
out the power of producing such proof.
must stand as uespassers! What bur the
journals show who is appointed, ami
who rejected. by US, on the Presidents
nomination; or who is acquitted. or VIII
convicted, in trials on impeachment! II
short. is there, at any time, any nthPs
regular and legal proof Of any act doEc
by the Senate than the journal itself!
The idea, therefore. that the Senate :,
bound to preserve its journal only unit:
il is published, and then may alte;
mutilate, or destroy it at pleasure. appear
TO us one Of the most extraordinary SEMI q,
ments ever advanced.
We are deeply grateful to those friends
who have shown, with so much clearupssr
that all the precedents relied on lolusnfy
or to excuse this proceeding, are ei,hc.
no, To the purpose. or. from the ,inses
and circumstances az and under which
they happened, are no way entitled y
respec. in a free government. exls'saE
under a written Constitution. Bu; ID,
ourselves. we stand on the plain Mo.,!.
Of that Constitution itself. A thnuSai,,
| preceden.s elsewhere made. whether -