Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1845-01-17

Lincoln, whereupon Mr.. Lord moved TO lay
the motion on the table until the 4th March,
which was done-ayes 81, noes As. The bill
to create new counties by the Mares OF VIII
liarns and Blakeley were read and rejected
Mr.. Cherry, from the COMMITTEES TO whom
the matter had been referred, reported nnia-
vorable on the Resolution heretofore introdu'
ced by Mr.. Shepard to divide the surplus pro-
fits in the Bank of the State; and said Report
was laid on the Table.
In the Senate, on Monday the 9th instant,
as soon as the Journals of Saturday had been
read. Col. Biggs rose and alluded TO the deci-
sion of the Speaker contained therein, and
asked. as matter Of Justice to himself and his
associates, that their Protest presented on
former day, might also be entered on the Jour-
nails, in order that it, together with the decl-
sion of the Chair, might 60 down for the IN.
spection of posterity The Journals charged
the signers of the Protest with having used
language disrespectful to the Senate. and with
having moreover impugned the character OF
the Speaker and large number OF the mem
bers. and it was therefore but just and fair
that the Protest itself should be spread upon
the Journals, in order that all men might see
both sides of the question. and Judge tor them
selves. The Speaker refused to entertain the
motion; whereupon Senator Wilson moved TO
strike out The last sentence in the decision OF
the Char-''question decided an the negGfiUe. !"
Gen. Wilson sustained his motion by clear
and able argument, in the course OF which he
showed that the question had not been decl-
ded by the Senate, nasmuch as quorum had
failed to vote, and that, no matter how many
Senators might be present. the decision would
be the same if they refused to vote. He was
replied to by Messrs. Waddell and Shepard.
MIR. Boyden also dressed the Senate. He
should vote for striking out, because, according
to parliamentary usage, he thought the ques.
ton pnt by the Speaker was not properly
question-it being merely an appeal on, his
part to members for advice. That advice
could be given in any way. and 1t was lmma.
terial whether the yeas and nays were called
or not. Mr.. Edwards next addressed the Sc
nae, and never did we hear more thrilling
or powerful speech. He contended for the
high and sacred constitutional right. Tha
right was above the Speaker-above all rules
of order-above the Senate itself. 1t was no
for the Speaker to say whether member
members should protest-he could only revls
and correct the journalistic could neithe
control ncr make them. And who was to b.
the Judge? The Speaker? The majority,
gainst whose act the protest was sought to b.
made? If soft the party protested ag ms
, could alter or modify the ''reasons'' contained
in the protest-if the Speaker could do il
the protest itself together with its reasons
would he worthIess-wouId speak only TIL
language of those who modified or altered 1t
Could this have been the intention of the fra
mers of the Constitution ! He warned Sena
, tors 10 look forward to the strifes, and bicker
, ings, and party exctements of the years t.
! come. This precedent would be caught up
and it might be used to crush all freedom ant
, manly independence. If Senators on the 9th
, err side desired it they could enter a counte
protest, and thus the world and postert)
. would see both, and form their Judgments up
on both.