Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-24


pe The House Of Lords them who have this privilege and
right Of entering their dissent have by virtue of being them
selves each one, power within himself constituent body
to himself having inherent rights which he derives from mo-
body, but which belong to him by virtue of being peer of
the realm and by virtue of that he his protest the
journal if he pleases II is privilege belonging to every
lord, each for himre and is absolute privilege; and al
though the form to ask leave of the House, yet the House
is bound to grant that leave II like any other right to bo
enjoyed upon leave but where the leave s obligatory.
have the right address the Senate but have 60 through
form before can enjoy the right must get out OF my
chair and stand upright and must address you 40 Mr. Pre-
adenthat 10 enoughyou must recognise and grant me
leave to speak by returning my address, When that Is done
have the right to speak, but then obligatory on to
recognise when have thus done what the forms require
so with the right Of protesting in the House Of Lods they
ask leave, but il is the asking leave matter OF right
coming under the Of the word demand. And to de-
mand the yeas and nays here by fifth of the body is
matter of right In that every lord has the right to
enter his dissent and Afterwards his reasons for that dissent
on the journals of the House. Blackstone says: TX a
"Each peer has right by leave Of the House. when
vote contrary his sentiments to enter his dissent on
the Journals Of the House. with the reasons for such
which usually styled his protect nL Comma CHI q
Lord Clarspdou relates that the 6rrt eess
With i EssisDd va e ass hssEs yhsh time Y
vote. ~ CAitty's notes on Blackstones Comm.
This is Sir William Backstone's account; and though be
the word eace, yet only form, and the right
absolute but still was only attained BY going through
FORM The asking leave the of giving notice.
and must be done before the voe to avoid the ndecorum Of
refecing upon the act of the Housereectng upon mea
after the house had voted upon and made it their own
To avoid this the dissenting lords asked the leave before the
vote, and memorandum to that effect entered on the
Journal and then they drew up their reasons afterwards
AT first they had time draw up reasons but afterwards the
time limited to o'clock Of the next sitting day, and
the dissenting lords entered what they pleased, without
showing it to the house and the only remedy Of the house
to expunge it if found be untrue, dsrespectfua
remedy frequently resorted to, the books show Lord
Clarendon more full than Blackstone, and wrote on this
point at period when rights and privileges of every kind
closely canvassed and perfectly understoodabou the
year l640a memorable period the history Of Great Brit
ain Lord Clarendon in his history Of the civil wars, called
by him the rebellion says of the beginning Of this custom,
and Of the degree which had degeneated in his times,
referring to the House of Lords: 4
I old privilege Of that house, upon
solemn debate whosoever is satisfied with the concu
and judgment Of the house may demand leave enter his
proestaon which be granted The original of this
in Jealous times when men desired for avoiding the i'll
any there their dsents might appear
seldom pracsed but when they conceived re-
on or the crown renched upon nsomnch you shall not
find in the Journals of many Parlaments, protestaon
entered and the number Of those that we're content and
that is, his dissent, might be entered"
| His stdissent," sir That his way of saying nay,
and nothing Then did not amount at all to what
understood by the word prote-a word Of solemn and almost
authoritative lmport-and no reasons given II was
merely entering negative vote, This in the beginning
4 but Lord Clarendon continues .s
And oentimes, when have dissented from the gen.
opinions not above has entered his proteson But
since this Parliament they altered the from
high concernment to the most trivial debaes the minor part
ordinarily entering their protesaon the end that their
opinions might be taken notice. and who were opposite to
them, whereby the good and bad lords known and pub
shed they altered the FORM and instead Of short journal
entries caused the of the debate be summed up, and
hereupon their proteaton that they be
able for any nconvenence misches that should be the
commonwealth by of this that resolution So that
made IL it grew to be reproacg and arraeng The se.s
Of the House By any jactous member that disagreed"
This Lord Clarendon account and it shows the natural
progress Of all such things In the beginning, merely
put the Of the dissenting lord upon the journals under
the word nay in the end il degeneated the summing up
of the matter Of the debate side, and that by any
member who pleased and by many pleased thus put
ting their speeches in the journal Lord Clarendon has qual
fed this degenerate practice this real abuse, by the
factiousby any "ac,ous member" that pleased to aagn
and reproach the house, and to it the face of its
records, Of mischievous and unconstitutional conduct
That is what it and every body became heartily tired
of in the British House Of Lords and they have expunged
many protests from their journals untrue dsrespecn
frivolous. II because this thing well understood by
the trainers of constitution that they took exclude
it. by giving matter Of right to one-h Of the
bers present to demand the yeas and nays, which the
original protest in Great Britain We see, then, that the
right Of protest exists in Great Britain it adegeneracy
and an abuse Of the original right which nothing but
the right to say nay on measure and if we begin that
business here Is be supposed that human nature is
the always, and that after little time shall perceive
members, single member, making condensation Of his
speech, summing up all the arguments which he delivered
presenting them all to the Senate and having them entered
the journals and have the advantage all others
by getting the substance Of his arguments spread the
journals
Now, how it stands with the British House Of Com
mons The practice of entering protests there has been
introduced but its introduction has been attempted Long
since attempted, sir, but eecuay it rebuked
when attempted, that hundred and ten years have
elapsed without repetition Of what considered in that
House offence II about the year 1910, during
those struggles between the King and Parliament which
ended in the civil Of Great Britain, that this effort was
first made in the British House Of Commons. It upon
the occasion Of the remonsance adopted by the British House
of Commons, and which might be called manifesto against
the Kingan impeachment Of the King at the bar Of the
people Of the kingdom for it enumerated all bis mdeeds
all that were real and many that imagnaryand
that remonsance the first effort made in the British
House Of Commons to enter protest. II about strong
occasion could be presented The Commons instead
Of sending their emonsance to the House of Lords con.
curence, sent it to the people for excemento rouse them
against the kngto put him bis trial before the people
and was in fact an indictment against him. II was great
move that remonsance and brought the civil war which
ended in the overthrow Of the monarch the death of the
King, and the establishment Of the commonwealth II was
the work Of master spirits and for great purpose and gave
rise to great struggle in the House Of Commons memora
bic debate and the incident about the attempted protest
The House met at nine o'clock in the morning-raher
earlier than the present houand the parliamentary leaders,
on the opposition side, began TO time on ordinary
matters not touching the remonstrance. Oliver Cromwell
who was at that time but little taken notice Of and who was
man OF action and not Of words asked Lord Falkland why
they did not take up the great subject once giving as his
opinion that there would be debate or hut sorry one
and wished bring on early in the morning. But the
parliamentary leaders there would be furious debate
that the remonsrance could mot nass vbo oyo.t s,ooIe