Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-17
North Carolina Legislature.
IN SENATE.
January 4.


ceedings of this day and Monday, in the
Senate, touching the Protest offered by
the Democratic Senators in Mr.. Ennel.'s
case
In the Senate, on Saturday the 4th instant.
MIR. Biggs presented the Protest OF the twenty
Eonr democratic Senators against the Resoin-
tions TO expel the Senator from Onslow, and
demanded, according 20 the rights secured by
the 45th section of the Constitution, that 1t be
entered upon the Journals of the Senate. The
Protest was read. Mr.. Shepard then rose
and spoke at length against the Protest. and
against the right of Senators to enter that Pro-
test upon the Journals. In the course OF his
remarks he alluded 20 What he considered the
IS unfortunate bunder" committed by the
friends of Mr.. Emmett in voting his certlhcate
a forgery, and then voting to retain him In MS
seat. To this it was replied, by both Mr..
Biggs and DR.. Cameron, that though the
friends of Mr.. Emmett admitted forgery, they
believed him to be innocent-that it was per-
petrated without his knowledge or concurrence
-aand that therefore they voted against expel
ling him. The s. unfortunate blunder.' co...
tinued DR.. Cameron, was on the other side.
for the Federalists had voted that forgery
had been committed-th Mr.. Emmett was the
guilty person, but Were nevertheless content,
as the Journals would show. to associate with
him as Senators, after reprlmand from the
SpeGke-. Not for the wealth OF all the ladies,
continued Dr.. c., would have upon my soul
the responsibility some gentlemen have
Mr.. Waddell then took up the Protest, and
Argued the points in it at considerable ienglh'
and in the course Of his remarks, said 1t not
only perverted the fact as they occurred, but
contaiaed foul falsehoods against himself and
his associates. He argued that it was no pro-
test, because it did not state the reasons sue
cinctLy, and also hat it was dlsrespecttul, ana
ought not therefore to 60 upon the Journals
DR.. Cameron said he had signed the Protest
with conscientious belief that it was true
He had heretofore and now dsavowed all in
tention to be disrespsctfuI, or to lmpugn the
motives of Senators, but as the Senator from
Orange seemed to be particularly excited, and
as he had pronounced certain things in the
Protest a foul tasehoou, he would tell that
gentleman that if the cap fitted him he might
wear it.
The Speaker at length decided that as the
Constitution made no special provision as to
the manner in which or the channel through
which Protest should be put upon. the Jour
nal, and as he was not bound to assume the
responsibility Of accepting or rejecting 1t, he
would put it to the vote of the Senate, and
thus obtain advice upon the matter. MIR.
Dockery demanded the yeas and nays. Be-
lievinT that the Senate h d no right to enter
tain the question. most of the democratic Sen
atOrs retired from their seats, and all OF them
declined to vote; but twenty-three Senator'S
all the Federalists, except Mr.. Hargfave-
voted in the negative. The vote was then
announced, but the Speaker said nothing. AT
length Gen. Wilson :ose and respectfully sug
gested to the chair that less than a quorum
had voted; but the chair, instead ofannouncing
the fact, and stating that the responsibility OF
accepting or rejecting the Protest was, accor-
ding to his own admissions, still upon him
self, told Senator Wilson that he would hea'
MIN upon thai point! Was the like ever
! heard of before!
The Speaker made up the following deci-
sion and ordered it to be entered upon the
Journal of Saturday. We quote from the
Journal:
'Mr. Biegs presented a paper signed BY
himself and twenty-three other Senators, pur
porting to be a Protest against the procppdlngs
of the Senate in the case of William Emmett
the Senator from OnsIow, which he sent Il
the Clerks table with the request that it bt
entered upon the Journal. The paper was
, read to the Senate by the Clerk. The Speak
f eF, upon objections being raised by Mr.. Shep
ard, entertained the opinion that it contained
, disrespectful matter lmpugnlng the characte
r of himself and large number ofthe members
, of the Senate; and believing that the Senate
, shonld permit nothing to go upon its Journals
, that cast insure upon it's decision or IT.
> members, submitted the question to the decl
sion of the Senate. Upon this question Mr.
Dockery demanded the YEAS and nays. which
was seconded. The Speaker then put thu
custom, shall the paper be entered upon th
Journal of the Senate! Whereupon a larg
, number of Senators retired without the bar o
the Senate, but remained within the chamber
f and others declined answering to their n mes
, On ascertaning the result it was found tina
no one voted in the affirmative, and twenty
t three in the negative. Question decided in III
r negatiUe."
, Question decided in the negatively whom
t By the Senate? How decided by the Senate
t Can less than quorum decide upon any mat
ter! Can twentythree members refuse t.
pass laws. or make laws! But it may be an
swered the question was decided by the Speak
r er. Then, why was it not so stated on tn
, Journal? But the Constitution is above boil
the Speaker and the Senate; and that gives t.
any member ''iberty to dissent from, and pro
J test against any act or resolve which he ma,
think injurious to the public or any individual
and to have the reasons of his dissent enter
tanned on the Journalist Who, we agai
ask, violated this sacred provision of the Con
, stItutlon! In our opinion 1t has been vioLated-
the answer to our question is with the Speak
er and his federal associates.
In the Senate on the same day, Mr.. Gwynn
from the Committee on Propositions am
} Grievances, reported on the petitions of tn,
/ citizens OF Rutherford, and also of Orange
] praying for new counties, and asked to be dis
: charged from their further consideration. TIL,
; COMMITTEE was discharged accordingly. Mr.
Dockery introduced bill to revive and con