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small sum to be divided; and when it is considered, that I have been thus particular in stating this controversy, while the whole amount of imports has for some years because it involved a scene in the cabinet of those times been increasing, that portion of imports paying duties which we may hope never to see acted again--a scene has been diminishing, and that the actual consumption in which the patronage of office, and of emoluments, in the United States of such foreign merchandise as and of contracts, in one Department at least, were dipays duties is little more than one third of the whole rected to promote the election of a man to the first ofvalue of our imports, no impartial and prudent states fice in the Government, who had no hold upon the peo. man, on a calculation of the ordinary risk of depression ple, and who could not, with all that patronage, comin trade, or of the casualties incident to relations between mand a single vote--a scene in which every public man different Governments, would have found it in his heart was assailed and sacrificed who would not minister to the to recommend that ways and means should be found for most greedy pretender-a scene in which the “public the division of a surplus revenue. May it not be safe to morals were corrupted and degraded to the lowest ebb.” calculate, as the Secretary of the Treasury has calculated, During the last session of Congress, a Senator charged that the biennial reduction of one million, in the rates on the Post Office Department * rottenness” and “corunder the last tariff, will not be made up by the increas. ruption," and "abominable violations of trust;” and then ed quantity, when it is officially ascertained that the an- | said we “must have reform, or we must have revolunual increase of consumption of foreign merchandise tion." During the present session, the same Senator has not equalled the annual increase of population? I has charged on the friends of the administration that
The Senator has said, in substance, the estimates since | they are the “parasites of power” of the “spoils parthe commencement of the present administration bave been ty;" and made use of other epithets equally odious. a series of blunders; those of the present Secretary have Now, sir, it is a common and a true saying, that "evil been so incorrect that he places no reliance upon them. thinketh he who evil doetb.” If corruption and rottenA recurrence to all the estimates from the year 1802 up ness exist in any Department of this Government, the to the present time, will show that the recent calcula- diseased part cannot be too soon taken away, whether tions have been much more accurate than they were for it be necessary to apply the cautery or the knife. I will merly. At the same time it must be admitted that the cred. refer to, or recapitulate, a few of the abuses, the “unit system, extending from ten months to two years after warranted exercises of executive power" under a former the duties were secured, furnished data for more accurate administration, and leave it with the people to judge calculations than the present system of cash payments. whether, if reform has not thoroughly done its work,
Whatever may be the faults of the present beads of finding it impossible to do all things at once, the evils Departments, it will not be urged that they present them. that are left will not, many of them, be referred back to selves as rival and conflicting aspirants for a still higher | a time when the Senator himself was a part of the existplace than they now occupy. Or if, perchance, any one ing administration. of them looks for advancement, it is through an honest At the commencement of the year 1817, the army of and faithful discharge of his public duty, and not in vir. the United States in the aggregate amounted to 10,024 tue of the line of safe precedents.” The eight years men. There were recruited in that year 3,939, in 1818 subsequent to the last war with Great Britain was 4,238, in 1819 4,304, in the three years 12,481. But at marked, I believe, by John Randolph, as the administra.
the close of the year 1819 the army amounted to 8,688, tion which, at its second term, “ came in unanimously,
less than the aggregate at the commencement of the and went out unanimously." The President of that
year 1817 1,336; this number added to 12,481, the day might mean well; but the administration was not his number recruited, amounts to 13,817 men lost to the own. The State Department was grubbing its way to army, mostly by desertion, in the space of three years. the presidency on a sectional contest in favor of north. In this state of things, the Secretary of War (Cal. ern principles and northern predilections; the War / houn) called on Congress for an appropriation of attempted to force itself into the public favor by its $183,925, for the recruiting service of 1820. The “growing and excessive patronage”—by "great and House of Representatives paid so little attention to the extravagant expenditures”---by patting on the back Secretary's estimates as to appropriate no more than every man who would do its work, and by butcher- $34,125 for the whole recruiting service of that year. ing in cold blood every other man who discovered a The House of Representatives particularly specified the scintilla of independence. The Treasury was also l number to be raised by the words “ for bounties and of the candidates; it had all the real democracy which premiums for fifteen hundred recruits." Yet, in vio. the amalgamating policy of an administration with iation of this law, and, as was said, to “keep in pay out any definite political character had left in most near seven hundred commissioned officers," the Secre. of the States; but it was weakened much in the North tary recruited 3,211 instead of 1,500 men, and exfrom the circumstance that many of the old federalists pended for the recruiting service $66,398 22 instead pretended (as they have since pretended to General of $34, 125. And when called on to account for the ex. Jackson) to support that, rather than the northern pre penditure beyond the law, the adjutant general retender, by whom they had been betrayed. This was ported that the money had been made up from the balthe state of things; three candidates for the presidency ances of old appropriations, which balances were not in in the cabinet, and another contending for ihe palm, the treasury. One of these balances was for “amount as premier of the House of Representatives. The bat. ladue Robert Brent, late paymaster general, being part of tle was fought as if the politicians here, and not the peo the advance made him on account of bounties and preple at home, were to make the President. The princi. miums out of the appropriation of 1816, refunded in pal candidates had each bis newspaper in this city to ad. 1820, on settlement of his account, $35,364 56, respecta vocate his claims. The War Department, for several ing which it was expressly stated by the Second Audiyears, as if determined to carry the question by a coup tor that it “ought not to be understood that he refundde main, went on the high pressure principle, till at ed that sum in money; he refunded it in settlement of length a demonstration on Pennsylvania discovered it account only." could neither carry that nor probably any other State of I would also refer to document No. 99, of the first the Union; when, making a virtue of necessity, at the session of the twenty-first Congress, for examples of exeleventh hour, it yields its pretensions in favor of Gen- ecutive legislation by the Secretary of War, by wbich eral Jackson, whom it sees carrying every thing by the the pay and emoluments of sundry officers of the army people which it had the presumption to claim for itself. ' were enormously increased at several times by a simple SENATE.]
[March 17, 1836.
order, sometimes subscribed in pencil by the initials of tracts." These were the “glorious times' of which the that officer. The pay and emoluments were increased Senator boasts. Glorious times, indeed, when the Gov. in a manner which the law never contemplated. The ernment, in a time of profound peace, was obliged to legislation of the Secretary was always quite laconic; it borrow money to support extravagant expenses in the run in this manner:
| War Deparment! "Until otherwise ordered, the chief engineer, while By a law of the United States it is made the duty of resident in Washington, will be allowed at the rate of the Comptrollers of the Treasury to “take all such nine hundred dollars a year, in lieu of fuel and quarters. measures as may be authorized by the law to enforce He will also receive double rations.
the payment of all debts due the United States." The
J. C. CALHOUN. / general regulations of the army also required that the Mar 12, 1818.”
pay of all officers in arrears should be stopped. To “ You will instruct the paymaster of the corps of en- make himself more popular with those officers, who gineers at West Point to pay the superintendent of the loved their ease and emoluments better than they loved Military Academy at that post triple rations, from the 1st justice, we have the following further sample of execuof September last until further orders.
tive legislation by the Secretary of War: J. C. CALHOUN.
" DEPARTMENT OF WAR, December 3, 1821. OCTOBER 16, 1820."
"Sir: The practice of instructing paymasters to with"Does the command of the corps of engineers entitle Major Worth to brevet pay and emoluments? A battal
hold from officers of the army all such sums as may be ion consists of three hundred and forty men.
reported by the Second and Third Auditors to be due Answer. The command of Major Worth is equal to
from them to the United States, is superseded.
I have the honor, &c. his brevet rank, and his pay as such is allowed. J. C. CALHOUN.
J. C. CALHOUN. JANUARY 6, 1821.”
The PAIMASTER GENERAL." ** The quartermaster general, commissary general of
Congress, however, continued to be refractory and subsistence, the colonel of engineers, and the chief of the
the disobedient; they introduced into the appropriation bill, ordnance department, while stationed at the seat of at the very next session, a clause requiring “that no Government, will be allowed double rations from this
money appropriated by that act shall be advanced or date.
paid to any person on any contract, or to any officer J. C. CALHOUN.
who is in arrears to the United States, until he shall have July 27, 1821."
accounted for and paid into the treasury all sums for
which he may be liable. “In the absence of the chief of staff bureaus, the al.
We are now reproached with baving taken up the lowance of double rations will devolve on the officer
system of the Senator, for which he suffered much perhaving charge in their absence.
secution from our friends-a splendid system of fortifi. J. C. CALHOUN.
cations. Where is the fortification on Rouse's Point, on JUNE 4, 1822.”
which the Secretary then made a large expenditure? The special decisions of the Secretary of War, allow Abandoned, because it fell within the British territory, ing officers of the army extra pay and emoluments, no and scarcely a stone remains to tell where it once was. where to be found authorized in any law of Congress, How many other forts projected by Mr. Monroe's Secreare numerous in the document I have referred to. A tary of War were abandoned as untenable? Where is decision in one case has been held to be a rule in all the value of the millions expended at the Pea Patch? similar cases; and by these special decisions the pay Burnt-but good for nothing before it was burnt, as the and emoluments of officers in the army at Washington, foundation laid up in the most improvident manner, had from a major general to a lieutenant of topographical given way; and the wood work erected over it seemed engineers, have been raised to a point much beyond the to be there placed for the particular purpose of burning salaries of our civil officers. And it is a fact worthy of down the whole, that its imperfections and its uselessness remark, that in proportion as the pay of these officers might not remain as a monument to the folly of its prohas been raised, so have their numbers increased, whilejectors. The fortifications at the Rip Raps I have never the army itself has really all the time been growing more seen; I am told they are little better than those of the and more inefficient. To the executive legislation of Pea Patch. I have, however, heard much of Rip Rap the Secretaay of War, from 1817 to 1829, are we in. contracts; and thereby hangs a tale respecting some of debied for that state of things which, creating in the the favorites of, if not the Secretary of War, that may officers of the army a desire for ease and increased emol not much redound to the “ glory" of either. If there uments, bas made of that institution an increased bur be a single fort or other work erected in these “gloriden of millions to the treasury, and rendered the service ous" days that stands as a perfect and useful work, and the army itself more and more unpopular.
evincing military science applied practically to it, that A contemporary historian, in 1823, says: “ The con work remains yet to come to my knowledge. Those I tests between the Secretary of War and the two Houses have seen were not to be compared with the French of Congress bave been frequent and arduous; he strug works erected at Ticonderoga, at the head of St. George, gling to draw money, money, more money, from the at Oswego, and the mouth of the Niagara, more than one treasury, for the use of his Department, and they to re hundred years ago, some of which were blown up in the tain it for other purposes. If, in all this, the Secretary war of the Revolution; that is, it would seem to me that has been right and Congress wrong, then must it be the blown up works might be repaired and rebuilt with considered as unfortunate that they did not, in the year even less expense than those erected in the “glorious" 1820, borrow six millions instead of three, and in the reign of that cabinet, three of whose members were year 1821, ten millions instead of five. Then our peace fighting on their own hook, and all pulling different establishment might have been kept up at ten thousand ways, for the presidency. men; our army removed a thousand miles further into Mr. H. concluded by expressing his obligations to the wilderness, from Council Bluff's to Yellow Stone those Senators who had patiently kept their seats to a river. Then we might have recruited five thousand late hour to hear all he had to say: he did not now wish, men every year; and every year have expended two or he never had intended in any speech that he should three hundred thousand dollars upon Rip Rap con- make, to interfere with the time that could be more use. MARCH 18, 1836.]
fully employed than in hearing bim. He said, the first! And whereas the said resolve was irregularly, illegally, session he had a seat in this body, four years ago, of the and unconstitutionally adopted by the Senate, in violation twenty-four Senators representing twelve States north of the rights of defence wbich belong to every citizen, of the Chesapeake and Ohio, and east of the Wabash, and in subversion of the fundamental principles of law be alone took his peculiar stand on the subject of the and justice; because President Jackson was thereby adtariff; and the stand he then took in favor of a large re- judged and pronounced to be guilty of an impeachable duction of taxes upon imports was in this body made a offence, and a stigma placed upon him as a violator of subject of derision. The Senator from Kentucky, (Mr. | his oath of office, and of the laws and constitution which CLAY,) in the proud character of father of the “ Ameri- he was sworn to preserve, protect, and defend, without can system,” said the whole North was in this body going through the forms of an impeachment, and withunanimous in favor of a high protecting tariff: he said he out allowing to him the benefits of a trial, or the means begged pardon-it was not quite unanimous-he believed of defence: be had heard a "still small voice” in this Senate against And whereas the said resolve, in all its various shapes that system! It is true, (said Mr. H.,) the still small and forms, was unfounded and erroneous in point of voice in this body was but a speck of the size of a man's fact, and, therefore, unjust and unrighteous, as well as hand in the North at that time: it is true, that I then irregular and unconstitutional; because the said Presi. took my stand against fearful odds; but the speck in the dent Jackson, neither in the act of dismissing Mr. Duane, horizon has since become a cloud filling the whole nor in the appointment of Mr. Taney, as specified in the atmosphere. The whole people have become convin. first form of the resolve, nor in taking upon himself the ced that a high tariff is not needed for the protection of responsibility of removing the deposites, as specified in any interest, or for the prosperity of the country. In the second form of the same resolve, nor in any act efficient and weak as I then was, (continued Mr. H.,) which was then, or can now be, specified under the my ground on the subject of the tariff was taken on my vague and ambiguous terms of the general denunciation own responsibility: I consulted and advised with no men contained in the third and last form of the resolve, did high in office or friends of the administration at that do or commit any act in violation or in derogation of the time. I have consulted on this subject with none. An laws and constitution, or dangerous to the liberties of ardent friend of this administration, I would do nothing the people: to injure it or its friends; for the opinions I have now And whereas the said resolve, as adopted, was unceroffered, the administration is not responsible. If my tain and ambiguous, containing nothing but a loose and suggestions are worthy of attention, they will doubtless floating charge for derogating from the laws and constihave their due weight; if they are unworthy, they can tution, and assuming ungranted power and authority in injure no one but myself.
the late executive proceedings in relation to the public When Mr. Hill had concluded his remarks,
| revenue, without specifying what part of the executive • The Senate adjourned."
proceedings, or wbat part of the public revenue, was
intended to be referred to, or what parts of the laws and FRIDAY, March 18.
constitution were supposed to have been infringed, or EXPUNGING RESOLUTION.
in what part of the Union, or at what period of his ad
ministration, these late proceedings were supposed to The following resolution, offered by Mr. Benton a have taken place; thereby putting each Senator at libday or two ago, being in order, viz:
erty to vote in favor of the resolve upon a separate and Whereas on the 26th day of December, in the year secret reason of his own, and leaving the ground of the 1833, the following resolve was moved in the Senate: Senate's judgment to be guessed at by the public, and ." Resolved, That by dismissing the late Secretary of to be differently and diversely interpreted by individual the Treasury because he would not, contrary to his own Senators, according to the private and particular undersense of duty, remove the money of the United States standing of each; contrary to all the ends of justice, and in deposite with the Bank of the United States and its to all the forms of legal and judicial proceeding to the branches, in conformity with the President's opinion, great prejudice of the accused, who would not know and by appointing his successor to effect such removal, against what to defend himself; and to the loss of Sen. which has been done, the President has assumed the atorial responsibility, by shielding Senators from public exercise of a power over the treasury of the United accountability, for making up a judgment upon grounds States not granted bim by tho constitution and laws, and which the public cannot know, and which, if known, dangerous to the liberties of the people:"
might prove to be insufficient in law, or unfounded in Which proposed resolve was altered and changed by fact: the mover thereof, on the 28th day of March, in the year And whereas the specifications contained in the first 1834, so as to read as follows:
and second forms of the resolve, having been objected " Resolved, That in taking upon himself the respon to in debate, and shown to be insufficient to sustain the sibility of removing the deposite of the public money charges they were adduced to support, and it being well from the Bank of the United States, the President of the believed that no majority could be obtained to vote for United States has assumed the exercise of a power over the said specifications; and the same having been actu. the Treasury of the United States not granted to him by ally withdrawn by the mover in the face of the whole the constitution and laws, and dangerous to the liberties Senate, in consequence of such objection and belief, and of the people:”
before any vote taken thereupon, the said specifications Which resolve, so changed and modified by the inover could not afterwards be admitted by any rule of parlia. thereof on the same day and year last mentioned, was mentary practice, or by any principle of legal implicafurther altered so as to read in these words:
tion, secret intendment, or mental reservation, to remain “ Resolved, That the President, in the late executive and continue a part of the written and public resolve proceedings in relation to the revenue, has assumed upon from which they were thus withdrawn; and, if they himself authority and power not conferred by the con. could be so admitted, they would not be sufficient to stitution and laws but in derogation of both:”
sustain the charges therein contained: In which last-mentioned form the said resolve, on the And whereas the Senate being the constitutional trisame day and year last mentioned, was adopted by the bunal for the trial of the President, when charged by Senate, and became the act and judgment of that body; the House of Representatives with offences against the and, as such, now remains upon the journal thereof; laws and the constitution, the adoption of the said re
[March 18, 1836.
solve before any impeachment was preferred by the It has been seen, by the reading of my resolution, that House, was a breach of the privileges of the House, a I have reinstated and adhere to the word expunge. At violation of the constitution, a subversion of justice, a ) the last session of the Senate I gave way to the enprejudication of a question wbich might legally come treaties of friends, and surrendered that ord; but I had before the Senate, and a disqualification of that body to no sooner made the surrender than I had reason to reperform its constitutional duty with fairness and impar- pent of my complaisance, and to revoke my concession. tiality, if the President should thereafter be regularly i repented and revoked in the face of the Senate. I impeached by the House of Representatives for the same have since examined and considered the objection with olence:
all the care which was due to the gravity of the subject, And whereas the temperate, respectful, and argu and with all the deference which was due to the dissent mentative desence and protest of the President against of friends; and, upon this full and renewed considera. the aforesaid proceedings of the Senate was rejected tion, I remain firmly convinced of the propriety of the and repulsed by that body, and was voted to be a breach phrase, and of the justice of the remedy which it imof its privileges, and was not permitted to be entered plies; and, being so convinced, it becomes my duty to on its journal, or printed among its documents, while all present it over again to the Senate, and to submit the memorials, petitions, resolves, and remonstrances against decision to their judgment. the President, however violent or unfounded, and cal It is also seen that the resolution prescribes a mode of culated to inflame the people against him, were duly expunging which avoids a total obliteration of the jour. and honorably received, encomiastically commented upon nal. I have agreed to this mode of executing the resoin speeches, read at the table, ordered to be printed lution, not from the least doubt of the Senate's right to with the long list of names attached, referred to the Fin blot out the whole obnoxious entry-for it is a part of nance Committee for consideration, filed away among my present purpose to maintain and to vindicate that the public archives, and now constitute a part of the | right; nor from complaisance merely to my friends—for public documents of the Senate, to be handed down to some of those who objected to the expunging process at the latest posterity:
the last session are ready now to sustain it in its whole And whereas the said resolve was introduced, deba extent; but I have agreed to it because, while it relieves ted, and adopted, at a time and under circumstances the scruples of some, it pronounces, in the opinion of which had the effect of co-operating with the Bank of others, a more emphatic condemnation than mere oblit. the United States in the parricidal attempt which that in eration would imply; and because it will enable gentle. stitution was then making to produce a panic and pres. men in the opposition to emerge from their preliminary sure in the country, to destroy the confidence of the defences behind the screen of the constitution, and to people in President Jackson, to paralyze bis administra come into action in the open field, upon the merits of tion, to govern the elections, to bankrupt the State the whole question, and thus meet my motion upon the banks, ruin their currency, fill the whole Union with broad grounds of the injustice, the illegality, the irregu. terror and distress, and thereby to extort from the suf. | larity, the unconstitutionality, the error of fact, and the ferings and alarms of the people the restoration of the whole gross wrong of that proceeding against the Presideposites and the renewal of its charter:
dent, which it is my purpose to expose and to correct. And whereas the said resolve is of evil example and The objection to this word expunge is founded upon dangerous precedent, and should never bave been re. that clause in the constitution which directs each House ceived, debated, or adopted by the Senate, or admitted of Congress "to keep a journal of its proceedings." to entry upon its journal: wherefore,
The word keep is the pregnant point of the objection. Resolved, That the said resolve be expunged from the Gentlemen take a position in the rear of that word; and, journal; and, for that purpose, that the Secretary of the out of the numerous and diverse meanings attributed to Senate, at such time as the Senate may appoint, shall it by lexicographers, and exemplified by daily usage, bring the manuscript journal of the session of 1833-'34 they select one, and, shutting their eyes upon all other into the Senate, and, in the presence of the Senate, meanings, they rest the whole strength of the objection draw black lines round the said resolve, and write across upon the propriety of that single selection. They take the face thereof, in strong letters, the following words: the word in the sense of preserve; and, adhering to that “EXPUNGED BY ORDER OF THE SENATE, THIS DAY sense, they assume that the Senate is constitutionally OF , IN THE YEAR OF oun LORD 1836.”.
commanded to preserve its journals, and that no part of The preamble and resolution having been read, Mr. them can be defaced or altered without disregarding the BENTON rose and said:
authority of that injunction. I am free to admit that, to Mr. President: I comply with my promise, and, I pre preserve, is one of the meanings of the verb, to keep; sume, with the general expectation of the Senate and of but I must be permitted to affirm that it is one meaning the people, in bringing forward, at the first day that the only out of three or four dozen meanings which belong Senate is full, and every State completely represented, to that phrase, and which every Senator's recollection my long-intended motion to expunge from the journal of will readily recall to his mind. It is needless to thread the Senate the sentence of condemnation which was the labyrinth of all these meanings, and to show, by pronounced against President Jackson at the session of multiplied dictionary quotations, in how many instances 1833-'34. I have given to my motion a more extended the verb, to keep, displays a signification entirely for basis, and a more detailed and comprehensive form, than eign, and even contradictory, to the idea of preserving. it wore at its first introduction; and I have done so for A few examples will suffice to illustrate the position, two reasons: first, that all the proceedings against Presi. and to bring many other instances to the recollection of dent Jackson might be set out together, and exhibited to Senators. Thus: to keep up, is to maintain; to keep unthe public at one view; secondly, that our own reasons der, is to oppress; to keep house, is to eat and sleep st for impugning that act of the Senate should also be set home; to keep the door, is to let people in and out; to out and fully submitted to the examination and scrutiny keep company, is to frequent one; to keep a mill, is to of the people. The first is due to the Senate, that all grind grain; to keep store, is to sell goods; to keep a its proceedings in this novel and momentous case should public house, is to sell entertainment; to keep bar, is to be fully known; the second is due to the impugners of sell liquors; to keep a diary, is to write a daily history their conduct, that it may be seen now, and in all time of what you do; and to keep a journal is the same thing. to come, that law and justice, and not the factious im. It is to make a journal; and the phrase has the same pulsions of party spirit, bave governed our conduct. I meaning in the constitution that it has in common par
March 18, 1836.)
lance. When we direct a person in our employment to word “house;" "each House shall keep," &c. Here keep a journal, we direct him to make one; our inten the word "house" is used in the parliamentary sense, tion is that he shall make one, and not that he shall pre and means, not stone and mortar, but people, and not serve an old one already made by somebody else; and people generally, but the representatives of the people, this is the precise meaning of the phrase in the constitu and these representatives organized for action. Yet, tion. That it is so, is clear, not only from the sense and ! with a dictionary in hand, this word “house” might be reason of the injunction, but from the words which fol. shown to be the babitation, and not the inhabitants; and low next after: “and, from time to time, publish the | the walls and roof of this Capitol might be proved to same, except such parts as in their judgment require have received the injunction of the constitution to keep secrecy.” This injunction to publish follows immedi. a journal. Again: the House is directed to publish the ately after the injunction to keep; it is part of the same journal, and under that injunction the journal is printsentence, and can only apply to the makers of the jour ed, because the popular sense of publishing is printing; nal. They are to keep a journal, and to publish the while the legal sense is a mere discovery of its contents same. Which same! The new one made by themselves, in any manner whatever. The reading of the journal or the old one made by their predecessors? Certainly, at the Secretary's table every morning, the leaving is they are to publish their own, which they are daily ma- | open in his office for the inspection of the public, is a king, and not the one which was both made and pub. publication in law; and this legal publication would lished by a former Congress; and in this sense has the comply with the letter of the constitution. But the injunction been understood and acted upon by the two common sense men who framed the constitution used Houses from the date of their existence.
the word in its popular sense, as synonymous with printAgain: if this injunction is to be interpreted to signi ing; and in that sense it has been understood and exefy preserve, and we are to be sunk to the condition of cuted by Congress. So of this phrase to keep a jourmere keepers of the old journals, where is the injunc- nal; the framers of the constitution found it in English tion for making new ones? Where is the injunction legislation, in English bistory, and in English life; and under which our Secretary is now acting in writing they used it as they found it. The traveller. keeps a down a history of your proceedings on this my present journal of his voyage; the natural philosopher of his motion? There is nothing else in the constitution upon experiments; the Parliament of its proceedings; and in the subject. There is no other clause directing a jour- every case the meaning of the phrase is the same. Our nal to be made; and, if this interpretation is to prevail, constitution adopts the phrase without defining it, and then the absurdity prevails of baving an injunction to of course adopts it in the sense in which it was known save what there is no injunction to create!-ihe absurd in the language from which it was borrowed. So of ity of having each successive Congress bound to pre. the word proceedings; it is technical, and no person serve the journals of its predecessors, while neither its who has not studied parliamentary law can tell what it predecessors nor itself are required to make any journal includes. Both in England and America rules have whatever.
been adopted to define these proceedings, and great Again: if the Houses are to be the preservers, and / mistakes. bave been made by Senators in acting under not the makers, of journals, then a most inadequate the orders of the Senate in relation to proceedings in keeper is provided; for, during one balf the time the executive session. Grave debates have taken place two llouses are not in session, the keepers are not in among ourselves to know what fell under the definition existence, for the Secretary is not the House; and, du of proceedings, and how far Senators may have misring all that moiety of time, there can be no keeper of taken the import of an order for removing the injuncthis thing which is to be kept all the time.
tion of secrecy from the Senate's proceedings. Every Again: if to keep the journal is to save old ones, and word in this short clause has a parliamentary sense in not to make new ones, then the constitutional injunc. which it must be understood: House-keep-publishtion could have had no application to the first session of proceedings—all are parliamentary terms as here used, the first Congress; for the two Houses, during that ses and must be construed by statesmen with the book of sion, bad no pre-existing journal in their possession parliamentary bistory spread before them, and not by whereof to become the constitutional keepers.
verbal critics with Entick's pocket dictionary in their There are but two injunctions in the constitution on hand. the subject of the journal: the one to inake it, the other Mr. President, we have borrowed largely from our to publish it; and both are found in the same clause. English ancestors; and because we have so borrowed There is no specific command to preserve it; there is results the precious and proud gratification that our no keeper provided to stand guard over it. The House America now ranks among the great and liberal Powers is not the keeper, and never has been, and never can of the world. We have borrowed largely from them; be. The Secretary and the Clerk are the keepers, and but, not to enter upon a field which presents inexhaustthey are not the Houses. The only preservation pro. | ible topics, I limit myself to the precise question before vided for is their custody and the publication; and that the Senate. Then, sir, I say we have borrowed from is the most effectual, and, in fact, the only safe preserv. | England the idea of this Congress: its two Houses, their er. What is published is preserved, though no one organization, their forms of proceeding, the laws for is appointed to keep it; what is not published is often their government, and the general scope of their powers lost, though committed to the custody of special guar- and of their duties, with ihe very words and phrases dians.
which define every thing; and so clear and absolute is I have examined this word upon its literal meanings, | all this, that, whenever not altered or modified by our as a verbal critic would do it; but I am bound to exain. own constitution, our own laws, and our own rules, the ine it practically, as a statesman should see it, and as British parliamentary law is the law to our Congress, the framers of the constitution used it. Those wise and as such is read, quoted, and enforced, every day. men did not invent phrases, but adopted them, and used The English constitution requires a Parliament-a Parthem in the sense known and accepted by the communi. liament of two Houses and it requires each House to ty; law terms, as understood in the courts; technical, as keep a journal of its proceedings; and that duty has known in science; parliamentary, as known in legisla been performed with a fidelity, a jealousy, a care, and a tion; and familiar phrases, as used by the people. courage, which shows them to have been as vigilant and Strong examples of this occur twice more in the very as faithful in the preservation of their journals as we can clause which we have been examining. There is the eyer be. The pages of their journals are traced back
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