Indiana American, Volume 5, Number 6, Brookville, Franklin County, 3 February 1837 — Page 2

C OX R ESSIO.Vt I.

EXPrx(;io itr.soi.rnox. Just as Ihe resolution to deface the journal? ofthe Senate were about tn he adopted, by a minority majority. Mr. Webster addressed that hoJyin the following term: 'The debate having closed, and the question beingahout to be taken, Mr. Wessteii rose, and addressed the Senate as follow: Mr. President: Upon the truth and justice of the original resolution of the Senate, and upon the authority of the Senate !o pass that resolution, I had an opportunity to express my opinion at a subsequent period, when the President's protest was before us. Those opinions remain altogether unchanged. And now, had the Constitution secured the privolige of entering a Protest on the journal. I 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 a provision, however formally or carefully it might have been inserted in the body of that instrument. But, as there is noconstitutional pri veligo. 1 can only e!fort my purpose by thus addrcss5n(r i!n Senate: ri'id I rise, t her ore to make that Protest in this m inner, in the face ol the Senate, and in the face of the country, which I cannot present in any other form. I speak in my own behalr, and in behalf of 1113 colleague; "we both spc; k as Senators from the Slate of Massachusetts, and, as such, we sol emnly Proti st against this whole proceed ing. We deny that Senators from other Slates have any power or authority to expunge any vote or voles which we have given hi re, and which we have recorded, agreeably to the cxpiess provisions of the Constitution. We have a high personal interest, and the State w hoso representatives we are, has also a high interest in the part and parcel of the record of our conduct, as members of the Senate. This record the Const itution solemnly de clares shall he kept; but the resolution belore the Senate declares that this record shall be rxpungrd. Whether substerfuge and evasion, and, a it anneais to us. the degrading mockery ol drawing black lines upon the journal, shall or shall not leave our names and our votes legi hie, when this violation ol (he record shall have been completed, still the teims to l,expunge,"' and the terms 'Mo keep," "hen applied to a record, import ideas exactly contradictory ; as much so as the t"rms "to preserve," and the terms '"to destroy." A record whh h scxpiwguf, is not a record which isA.yjf, any more than a record, which is (kslmyd can be a record which pre scried. The part expunged is no longer part ot the record, it has no longer a legal existence. It cannot be certified as a pari of the proceeding of the Senate for any purpose or proof or evidence. The object of the provision in the Constitution, as we think, most obviously is. that the proceeding of the Semite shall be preserved, in writing not for the present only, not until published only, because a opv ofthe printed journal is not regular legal evidence; but preserved indefinitely ; preserved, as other records are preserved, till destroyed by time or accident. Every one must see that matters of the highest importance depend on the permanent preservation of the journals ofthe two houses. What but the journals show that bills have been regularly passed into laws, through Ihe several stages; what but the joirnals show who are members, or who is President, or Speaker, or Secretarv. or Clerk of the body? What but the journals contains tht'proof, necessnry for the justification ot those who act under oui authority, nad who, without the Dovverof nroducin such proof, must stand as trespassers? What but the j.uirna's show who is appointed, and who rejected, by us, on the President's nomination; or who is acquitted, or who convicted, in trials on impediment? I.i short, is (here, at any time, any other regular and legal proof of any act done by the Se.iate than the journal itself? "The idea, therefore, that the Senate is hound to preserve its journal only until it is published. and ih n may alcr. mutilate, or destroy it at pleasure, appears to us one ot the most extraordinary sentiments ever advanced. We are deeply grateful to those friends who hive shown, with so much clearness, that all the precedents n lied on to justify or to excuse this proceeding, are either not to the purpose, 01, from the times and circumstances at and under which they happened, are no way entitled to respect in a free Government, existing under a written Constitution. But, for ourselves, wo stand under the: pliin words of that Constitution itself. A thousand precedents elsewhere made, w hether j ancient or modern, can neither rescind, not control, nor explain away these words. The words are. that 'e ach House shall KEr.r a journal of it proceedings.' Xo gloss, no ingenuity, no specious interpretation, and much less ran any fair or just reasoning reconcile the process of expunging with the plain meaning of these words, to the satisfartian of the common sense and honest understanding of mankind. If the S.mafe may now expunge one pari of the journal of a former sessioa . it nine, with equal authority, expung another part, or the w hole. It m y expunge the entire record of anv one session, or of all sessions. I seems to us inconceivable Iiovt any men can regard such a power, and its exercise at pleasure, as consitent vv ith the injunction of the C onstitution. It can m ike no dillerence rlatUtfcr completeness an J incompleteness of the act of t rpunging, or by what means

Idone; whether bv erasure, obliteration, or '; defacement, as here proposed, w hether one

word or manv words are written on tlic lace j of the record"; whether little ink or much ink j is .died on the paper: or whether some part, or, ti, .rlmln- r.r the written ioumal mav vet bv I -nseihilitv be traced. If the act done be an j

art to expunge, to blot out, to obliterate, lojas a plain and open violation of ihe Constituerase the record, then the record is expua- jtion of the country; and wc should have ged. blotted out. obliterated, and creased. thought ourselves w holly unworthy of her it And mutilation and alteration violate the rec-1 we had not, with all the solemnity and carord as much as bliteration or erasure. A j nest in our power. Protested against the

I record, subsequent! altered, is not the ongin1! record. It no longer gives a just account j of the proceedings ol the Senate. It is no j longer true. It is, in short, no journal ol ine : real and actual proceedings ot the Senate, siuh asthe Constitution says each House shall : keep. ri,nr.nji;i.;nn i liomfi-km i. m nnr urliberate judgement, violated, by this proceed-j ing in the most plain and open manner. '!;, f 1; ......,. nr.wi.loe ibat! 1 .:' t.n ..1' inniirio miI fHMir (ui :in itiicsi iimi. 1 . 1 1 . iil

e. equestofonef.f.l. of tie members pres-! two companies of dragoons and one of nr-jd.cnt to extend be system ot interna ,ment Veil red on the Journal. This prov is-! tiilerv , under the command of Capt. Mellon, provements, and that .1 was also incxpe. lent b 1st m uufos.lv. gives a personal right to ! which arrived here on Thursday last, in the , to make any change ... the Madison, Indianhi .... i , 7 .1 !c,.,r Pnrtsmrnlb from Norfolk -tarted aain ' npolis and Lalavelte rail road, between Inthose members who may demand it, to the scbr. 1 orUmoutli, irom morion,, . tanc a , I - f 1 ,r en.rvand preservation of their votes on the this morning on board the steamer C,nc,n-(d.anapol.s and L,.f,yct(t. An ho.t was recoVd ofthe proceedings ofthe bcnly, not for ! nati, Capt. Curry, for St. John's River, Plor- inade by Mr. Hanna of M to lay the report , 1 1 1 . r " . 1 unon the table, which tailed, ayesld, navs oncdavorone vear only, but for ad tune. , Ma. 1 lis ' There the veas and navs are to stand, forev- OJjlcc of the MMlc hscittcr.) io. , , r e ,1 , l,v, U!v in IS37. V Mr. Ilanna of M. then made an mellecer, as permanent and lasting proof ot the jani akv i., u-u. ) - ,, , , r . manner in which members have voted on! A Xew Orleans paper of the 11th was re- tual eifort to re-commi (hat part of the regreal and important questions befcrc them. Iceivcd vesterday, after our paper went to port, w hid. relates 1 to the change ol the rail lt..t it n.w isi.tP.lih:.th..lv.,trofmem-:rrss. It furnishes some interesting Kerns of; road between Indianapolis and Lafayette,

hcrs, taken by yeas and nays, and thus entered laltcrof rfoht, mav still be . S ' - on the journal, as m expunged ; so that that, which it requires more than four-fifths of the Senators to prevent from being put on (he journal, may, nevertheless, be slriuk otF, and erased, the next moment, or at any period afterwards, by the w ill of a mere majority ; or, if this be not admitted, then the absurdity is adopted of maintaining, that his provision ofthe Constitution is ful filled hy merely preserving the yens and nays on the journal, after having expunged and obliterated the 'very res olution, or the very question, on w hich" thev were given and to question, on w men tncy were gi which alone they refer; leaving the yeas and noiylhus a mere list of names, connected with no subject, no qnestio 1, no vote. We put it to the impartial judgement of mankind, if this proceeding be not, in this respect also, directly and palpably inconsistent with the Constitution. We protest in (lie most solemn manner, that other Senators have no authority to deprive us of our personal rights, sec ured to us by the Constitution, either by expunging, or obliterating, or mutilating, or defacing, the record of our votes, duly entered by yras and nays, or by expunging or obliterating the resolutions or questions on which these votes were given and recoided. We have seen, with deep and sincere pain, (he Legislature of respectable Stales instructing the Senators of those states to vote for and support this violation of the journal of the Senate; and this pain is indefinitely increased by our full belief, and entire conviction, that mast, if not all these proceedings of Slates had their origin m promptings Irom Washington, (hat (hey hav e been urgently requested and insisted on as being necessary to the accomplishment of the intended purpose: and that it is nothing else but the influence and power of the Executive branch of this Government which has brought the Legislatures of so manv 'of the free States of this Cnion to quit the sphere of their ordinary duties for the purpose of co-operating to accomplish a measure in our judgement, so unconstitutional, so derogatiry to the character of the Senate, and marked with so broad an impresson of compliance w ith pow er. But this resolution is to pass. e expect it. That cause, which has been powerful enough to influence so many State Legislatures, will show i (self povvci In 1 e nough, especially w ith such aids to secure the passage of the resolution here. We make up our minds to behold the spectacle w hich is to ensue. We collec t ourselves (o look on, in silence, while a scene is exhibited w hich.il We did not regard it as a ruthless violation of a sacred instrument, would appear .'o us to be a little elevated abov e t ie character of a contemptible farce. This scene we sha'l heboid, and hundreds of American citizens, as many ns may crowd into these lobbies and galhiries, will behold it also: with what feelings 1 do not undertake to say. But we PitoTnsT, we most solemnly Protest, against the substance and against Ihe manner of this proceeding, against its form, and against its effect. We tell you that you have no right (o mar or mutilate the record of our votes given here, and recorded according to the Constitution; we tell you that yon may just as well erase ihe yens and n on anv other question or resolution, or on all questions rnd resolutions, as on this; we tell you thai you hav e just as imii li right to falsifv the record, by so altering it as to make us appear to h.we voted on any question, as we did not vote, as you have to erase a record, and make that page a blank, in which our voles, as they w ere actually given and recorded, now stand. The one pioeeeding. as it appears to us, is as much a falsification of the recoid ns the other. Hav ing made (his Protest, our duty is performed. We rescue our own names, charae(er, and honor. from all participated! in this matter; and whatever the wavw ird character ofthe times the headlongand plunginj spirit of parly devotion or fear or the love of power, may have been able to bring about elsewhere, we desire to thank God they have not. as yet, overcome the love of Liberty, fidelity to true republican principles, and n sacred regard for the Constitution, in that

State whose soil s as drenehcd to a rn'.re Vy the first and best blood of the Revolution. Mas-

sacliusctts, as yet, nas nor. ocen eouqucicu, and while we have the honor to hold seats here as her Senator's, we shall never consent to a sacrifice either of her rights, or our own: we shall never fail to oppose what we regard adoption oi the resolution now uciure me oenate. From the Baltimore American. BY LAST NIGHT'S EXPItKS.S MAIL. By last night's Express Mail we received slins from Charbstoh ofthe l."ub. Savannah ol the t Itn, An 1 . usia of t!c Kilh. Mob.le ol the Uth, and .New Orleans ofthe 1 Ith. Office of iheCourier, ) CHARLESTON. Jail. Ii 2I.M-S Tl.n detachment of I i.) men. consisting ol ' v- - T - intelligence from Cuba, from Mexico, and ! from Texas. We. give an abstract, derived i . y t . . 1 1 1 1 I in part irom letters wnu n nave ocen snow n to us, received by the same mail. Dates from St. Jagoaretothe 1 5th ult. Gen. Lorenzo has issued further proclama tion adhering to his determination in favor: of the Constitution of 1S12 his troops have taken an oath of fidelity to it, and are resolv ed upon resisting the troops of Genl. Tacon, 1000 ol whom have landed at Sharra, and j ate expected daily at St. Jago. A battle is ! expected." St. Jago is in a deplorable condij lion. The British sloop of war Nimrod, and the Bntish lrigate Vestal, Capt. Jones, are lav - ;.,,r oi su ' l-iim f.ir ilir. n rot fri inn f .It ri t icli

subjec ts and property. The British ship of provides that the Board of Internal Improvewar Madagascar of "lG guns, is at Port Rov-'ments, shall cause a survey and cstimale to al, Jamaica, and (he British ship Melville, 74 1 be made the ensuing summer, north of Indiguns. Adneral Halkot, is laying at Bermu- anapolis, through Lognnsport, South Bend da, exclusive of the blockading squadron of and Laporte to Michigan City, with a view two vessels. of ascertaining what kind of improvement is The intelligence from Mexico is also of in- most practicable, and the amount necessary ferest. M. Goros'iza arrived in the city ofjto defray the expense of said survey and esMexicn. on the l.jth of December, which ! (imate as appointed, by the bill. The Board

event will bring up at once for the decision ernment. the results of lus mission of that rove

to this country. On the same day, Gen. j vides that the board doing county business Bustamente arrived from France, in the city in the counties through which the road passof Mexico. He is a candidate for the Pres es, shall divide the road into districts, and idency, and will probably be chosen. Re-jappoint a supervisor to each district, whose port says he declared for the Federative! duty it shall be to call out the inhabitants

System, which sets him at once in opposition to Santa Anna. His success would be favorable to the principles originally declaied for bv Texas but in hrr present posture, would it not be adverse to the hones rested unon the suppo - sed engagements of Santa Anna? The accounts are confirmed, of extensive preparations fur an invasion of Texas, but the suecess of the efforts is rather problematical. Gen. Biavo's army (say about 1000) is encamped at Monleiry, about 200 miles from Matamora Another body of troops is at Matamoras whither Gen. Bravo is gone to get them in

readiiicss to enter Texas. But they are!mitted to a select committee, with insiruc-

clamoring lor w ant of pay and in a state of disaster from want of discipline and insubordination. Five officers and several privates were shot for mutiny on the march to Monlerry, and hardly a day passes at Matamoras, without an execution for robbery. The Congress of Texas has adjourned to meet in April, at the new town of Houston. The army has encamped near Bexar, where the President has gone to review it. He has been empowered to receive services of any number of volunteers not excetding forty thousand men. Texas has lost one of her most distinguished citizens in Col. Stephen F. Austin, who died at Columbia on the 20th ult. Ex President Burnet, of Texas, is in New Orleans. Half Million of specie has arrived in Xew Orleans from Tampiro and Matamoras within a week. The Xew York Courier and Enquirer es timatcs the number of stores already erected in that city since the great fire a year ago, at five hundred, most of them five or six stories high. The building of each store, may on an average be fairlv estimated to have cost ten thousand dollars, and thus the whole capital employed in their erection is five mil lions of dollars. ten (housand men have been at work oh them for six months. The rent paid in Xew York for buildings of this description, is said to be four times as high as it is in London. Royal Brevity and Legal Prolixity. market-town of Potion. -The parish and Bedfordshire, and the adjoining village and manor of Sutton, were beqeuathed to the ancient and gallant family of Burgoyne, on account of services rendered to the house ol Lancaster. This princely bequest fwhieh is y et vested in the family) was conveyed in the following lanonic terms: "I, John of (Jaunt, Do give and grant Unto Roger Burgovne And the heirs of his loin, Both Sutton andpotton, Until the world's rotten."

INDIAA J.EG1 S LATUR E.

Indianapolis, Jan. 27, 1837. In Ihe Senate, (he hill from the House providin" for the distribution of the surplus revenue was referred to a select committee, The committee has not yet reported but it is generally understood that they will amend the bill so as to place one half of the sur lus revenue in the Ranks to be appropriated for internal improvements and the other half in the counties to be appropriated for common schools, and the Senate will probably concur iiifthe amendment. ' On Wednesday a bill providing lor a navigable feeder to be taken out of the Tippecanoe river to supply the" Northern Canal was passed by the casting vote of the prcsident. On Ihursday the vote was reconsid ered and the b.ll was rejected. In the House on Thursday, Mr. Evans, from the committee on canals and internal ; improvements reported, that it was inexpo- , w ith instructions to report a bill, authorising a survey by Crawfordsville, and by the direct route through Boon county to Lai'ayettf ; leaving it discretionary with the Board of Public Works, to decide which route shall be adopted. The vote in favor of recommitling was 15, against OS. The report was then concurred in. The vote upon thif report is regarded as a final decision ol this House upon the agitating question, whether the system of internal improvement shall be extended or not. On V. ednesday, the bill 1 improvement of the Michi to provide for the g an road north oi Indianapolis and for other purposes, as repor- ! ted by the select committee, was taken up i a ud after some discussion passed. The bill fare to make their report a (he next meeting of the Legislature. The third section proliable to work upon roads, to work the same at such times and manner, as the supervisor may direct, and (o work upon said road at least two days in each vear. The fourth sec tion provides that 30,C00 out of such mon- ! its as may be in the hands of Ihe Canal Fund Commissioners, is to be applied under the supervision of the Board of Public Works, cr such commissioner as they may appoint, J for the purpose of keeping in repair, during the current year, providing that $10,000 be applied south of Indianapolis; Mr. Zenor afterwards moved to re consider the vote, which did not prevail. On Thursday the vote was re-considered, and the bill re-com-j Hons (o strike out the specific appropriation of $30,000, placing it under the management of the Board of Public Works and applying the funds ofthe Michigan road to be expended on the same. Democrat. A JOINT RESOLUTION. INTRODUCED BY MR. POWLING. On the subject of sundry amendments of the Constitution of the United States. Be it enacted by the General .'hacmbly of the Slate of Indiana, That Ihe permanency and purity of our republican form of government would be advanced and more firmly established by the following amendments of the Constitution of the United States. First. Limiting (he incumbents of the Presidential and Vice Presidential officers to a single term of four or six vears. ml Second. By providing that Ihe election of President and Vice President be held on first Monday and succeeding Tuesday and Wednesday in the month of September, every lour or six years, and uniformly in the several States. Third. By providing that the election of said officers shall be made by the qualified vofeis of each State, by voting directly, without the intervention ofthe electoral col- j leges, either ziva voce or by ballot. Fourth. By providing for a second trial, in case no choice be made, at the time specified, and adopting such other provisions as w ill forever prevent the election of said officers from devolving on either House of Congress. Fifth. Providing a constitutional restricttiou on the apppointment of Senators, and Ueprcsentalives in Congress to office by the Executive of the United States, during the term for which they may have been chosen by the States or the People, and for two years thereafter. Be it further Resolved, That our Senators in Congress be instructed, and our Repre sentatives requested, to use their best exer tions to facilitate the amendments pointed out by this joint resolution. he il further resolved, That the Governor of the State be requested to forward this joint resolution la our Senat&rs and Rcpre scntatives in Congress-

Aasiirscmcnt.

Go- Tlpht Ar don't take in the j great rilios. We are willing the 1 ,Jie3 should "lake in sail,''i. e. reduce their sleeve., j hot we no not want 10 see any cratt j undei bare pules. sailing i Prisoners Vil.- prisoner being brcvight j up in Bow-Street, the following dialog,,,. j sed between him and the siting m igisir ! How do y on live, Sir? 1 have generally joint of meat and a pudding at dinner! I mean. ir, vviiere do you get your brwi Oh, 1 beg your Worship's pardon ; sometimes at the baker s. and sometimes at the ler's shop. You nnv be as wilt v ehandas you piease, .11, am 1 m:efi s m,iy 10 ai you, bow do you do? Tolerably well, I thank our Worship; 1 hope your tVorship is tiJe same. I V' .. I . I . j 1 D 'finite Ltformol ion. k,Vell Robert, how muchdid your pig weigh?"' "It didn't wei"h as much as 1 expected and I always taoiwht it wouldn't. Ephrnim Fox. a real cute one from Vermont has arrived in the city and taken up his quarters a I the Tremont Restorator; Ephraim is a gre at wit, and will no doubt throw Fin and Joe Miller in ihe shade. A wag being half seas over, wishing to play a joke upon him asked hinr "Why are you like a mint julep? Because you're a green horn." Eph. returned if by asking him, Why is your hat like a butcher's stall? Because there's a cnf's head in it." EIMTAPH ON A LAWYER Ilic Jacket Joli-uincs Straw, Who forty ye-irs followed the law; WliL'n he died, The devil cried, John, give me your paw. How to Curtail. While n clergyman was praying nt camp meeting in a most fervent manner, for the power of ihe devil to he curtailed! a zealous old negro man loudly exclaimed Amen, yes bress god cut he tail smack smoove off. 1 ootii ache. The fashionable remedy for this very fashionable disease, as appears by the medical journals, is creasole. The cavity of the tooth must be well cleansed, and the crcasote applied with a camel's hair brush. The reader will please not fall into the mistake of a young gentleman of this city, not remarkable for his chemical attainments, who on asking for this specific at the apothecary's the other day, enquired for clear soap. Cm. (Shrctt. SnocKixn. Ayoung married weman threw her infant into the oven of the cooking st wc, and sat dow n and very allectiotietely nursed a leg of mutton. Warm qitaiiter. A man who resides at Toledo brought in a back log and setting it up in a c hair threw himself into the chimney. His wife saved his mortal frame but could not save his cloths. Tresspass. A preacher who had been several days from home forgot that he was married, travelled &. off with an other man's wife. To a 7V A grocer wishing to be a litllo odd in regard to sign, caused two letters, TT, to be painted on his shutter, the one green and the other black. Xot long after, some person observing it, in pjired what it meant. "Why, you great goose you," said the trader, "ifsgrmi tea and black lia!"1 JVorfolk Advertiser. A reason for brgginz. "Mother wants to get a piece of tobacco and two pipes' said a ragged little urchin "for grandmother is dead, and mother has got to set up." Marks Crume says, 4-lh;t he is a man of very humble abilities."' Nobady ioh$thal. Jiff rsonvillc Courier. Mr. Thompson, of Lawrence, from the judh iary committee, reported, "a bill to prohibit the sale of spirilous liquors along the lines ofthe pulic works." J fforsonville Courier. Mr. Vandeveer says, "having taken bis position in favor of the internal improvement bill of last winler he will stand firm as firm as the centre, rock of (he Alieulianv." Oh Ahsj Jefflrsonvi.'lc Courier. Mr. Stapp, chairman of Ihe judiciary committee reported to the house of representatives, "that it is inexpedient at this lime to pass any law for the protection of lives and property against steam boat accidents." The general don't believe in legislating for any body 'but himself. Jeffersomillc Cour. General Sfapp, in a speech lately delivered in the legislature says, that it is wrong for the members of that body to w aste flic people's money in making long speeches' The General is getting very economical. He would rather see the money wasted in making a long hole through the hill near his town. Could he not save the g200,000 impropriated to that object by buying "cakes of tallon;"' on which travellers on the rail road could slide down the hill into his town? Jeff rsonvillc Courier. Useless warning. A fellow in Chicngo has taken it into his head that he owns the whole of that town, and has engaged lawyers to prove it. He has warned the inhabi tants off his land; but the more they are 1 warned the less they think of going.