The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-13


mark the other day to the gentleman from New
York that did care if his protest was spread on
the Journal fifty times All that objected to was
the irregular mode IN which it attempted to be
done. do not say anything of the protest itself.
or in condemnation of the efforts of gentlemen to
try TO keep. II on the journals. If they wish it to
oftheir votes, be it so. The gentlemen interested
on the other side of the question WILL no doubt,
answer IT, and spread their argument the journal
can be excluded om the 0is sfG NOW R"i
have to say that II the gentleman from New York
will come forward and offer his protest in direct
way, will vote tor It's being inserted. If the gen.
tleman, as will now suggest to him, would do
this at once, he would extricate us from this la
byrinth of points of order.
Mr.. BARNARD.-Mr;. Speaker, think the pro-
possible to make. The paper is now standing On
the journals IN Its appropriate place, and records
faithfully the history of our proceedings. If the
gentleman from Virginia is disposed, as he says to
see the paper on record, he could not have a more
fitting opportunity What objection is there to the
manner in which it is placed there' No consti-
tutional obiection--no legal objecton-no tech
meal
| Here Mr. Gilmer rise up, and Mr.. Barnard sat
down.
Mr.. GI.MER.-The gentleman does not see the
difficulty that exists to the way in which his
protest has got on the journals. But most of the
members with whom ! have talked, have felt and
expressed their feelings regarding it, II is impos-
sble tor anv one to vote Tor the insertion OF that
protest, who believes that he is correct in voting
| tor the right OF the gentlemen from New Hamp-
shire and other States, to assist the organization
of the House. But the gentleman from New York,
by withdrawing this resolution, and putting mo-
ton to have his paper spread upon the journals in
direct shape. has 1t in his power to cut the discor
dial knot In a moment.
| Mr.. BARNARD.-The resolution is so plain and
practical that 1t seems to me that it could disturb
mans conscience particularly to vote for it. The
resolution of the gentleman from Maine is an ex-
traordinary resolution It affects and strike at the
n ituton aa he II
proposes TO instruct the Clerk to keep this protest
out of the Journal. How, sir, | would ask, is the
Clerk to make up his journal. If the ayes and noes
are taken does the gentleman mean that my motion
shall not go along with the ayes and noes! Here
Mr. B.'was much excited lfthere is any one thing
palmer than another in the Constitution it is this,
have right to call the ayes and noes-aye, and to
have' them recorded with the motion on which
they are taken. hope that gentlemen will pause
in their course beg that they will not pile one
have already nullltled act of Congress, and now
you propose to nulify the Constitution itself. The
Clerk is sworn to support the Constitution of the
! United States, and he cannot do this unless he
enters our proceedings on the journals. And there
is only one way in which it can be noticed 1t
must be stated IN ertenso. The gentlemen from
Virginia does not think that my resolution is put in
a direct shape. | should like to know how that
gentleman will vote when the motion comes up to
strike this protest from the journals altogether.
That will be direct enough, surely. To strike out
this protest from the journal would falsify the jour
nal, and am the gentleman from Virginia would
vote to falsify the Journal
Mr. THOMPSON, of Miss said, cannot see why gentle
are so anxious to hand their protest down Poer
ty am it does not blaze with much wisdom as
to make any number of gentlemen proud of it, Does the
gentleman wish to hand down to postey that the paper
was entered falsely the journals No member Of this
House knew any thing about before it appeared. And
intend do it. to establish rule by which members who
may be guided by certain feengsmay be prevented from
having extraneous and entered
journals Why, could make journals
that the Libraries could not hold them. "a augh) Sup
mates" on the journal a laugh) The ayes and
noes called for and according to the gentleman from
laugher) heard member say, the other day-but by
way of mischief suppose-that if gentleman movedto
have the a1 O @ the
of the ayes and noes, although not one OF them after
wards would vote for it, that sacred book must down
on the journal Some Of the gentlemen who have pre-
pared this protest have the time when they were
foremost in arguing the very opposite Of what they con-
against the act of the President how eager they to
keep the facts of the journal is not right to cumber
the journal with what does not form part of our pro-
ceedngs support the resolution of the gentleman from
Maine.
by some ofhe gentlemen here to expunge this protest in
advance This would be very improper proceeding.
The time may when shall be in minority.
Cries OF never =" neverO Oh, no fear Of that just
the lofty patriotism Of democrscs Great Laughter in
which the Mr. II. joined) But suppose that the
totget possible that the
day may far mistake its interests to let them
CONTINUED laughterintop power, and should find our
selves in minority Well some member has indePend.
ence enough to insist upon proceedings being placed
the journal that they may appear before the country
Would we not think it hard that we debarred
the future No doubt the country win take good of
us herea augh)-bnt it is better to act that
may not be precluded The paper ought to remain on the
Mr.. c. J. IscERsoLL here moved to lay the whole SUBJ
ec upon the table, Upon which the ayes and noes were
MEMBER-NTr. Speaker, il this motion prevails, does
| 1t leave the protest standing on the journal?
AKER does, according the opinion Of the chair.
Ayes s3Noes o. So the motion not concurred in.
MI. DRooMGooLE wished the gentleman from Maine to
for the present Members had always the right to in.
struct the clerk, whatever gentlemen might say.
r WISE sad that when mat protest was 0sped mefe
the gentleman from New York. that leave asked
House to receive his motion. There was no House
Leave has not been asked of this House till this day.
would ask the modify his resolution by leaving
this narrative statement out He has power yet to do So
sentatives by inserting matter offered before the House
organized This was the beginning of all the error
He asked no leave fromoered paper to the House Of
Representatives. But he did before members had
right to Judge before they were sworn No man here
judge of the right of another until he has taken the
oath to support the Constitution.
Mr.. BARSARD.-I will read from the manual to show
that the gentleman is in 1t says that the House of
Representatives shall proceed their Speaker
Mr.. WrE.-And the House is no House until the mem
bers is body that may organize for the
election of Speakers but the House. that stage,
Judge Of the qualifications of its members Will the gen.
cman from New York be candid enough to say II he
thinks it can There certain acts for the performance
Of which it at that time House. and others for which
it is not But there is another point which ! wish
to present to the gentleman. God knows that
he hsu has put in pleas enough in support Of MS
in the pteous plea that is "a harmless thing" Why,
sir, 1t is harmless thing The gentleman from South
Carolina, Mr.. Campbell took proper step When no
the first day to oppose the admission of the gen
teman from New Hampshire, he tried to find out how
that gentleman was elected Before was sworn, certi
fcate handed hold in my hand that very pa
per hope the gentleman from New York will look
at that broad seal Shaking it at Mr.. b. Twill what
the paper says. (Reads) So here il is signed, sealed
and delivered Let is that the rising the set
ting docking at the certifcatc) Yes see sir it
the rising sun Of New Hampshire shedding its rays of
light upon the whole question. (Laugh.) This gentle
before was sworn, showed this broad seal the
crcdcnta Of his election and in turn showed my broad
m oil al A.;ah =sal