The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-15


onrary former precedent, to obvious policy 70 1ne
p Of the constitution Of the United States TOR
enoy thus be erected into STATE this 10
effect declares that the exclusion Of slavery hon me eIr
ory OF the United States object so ngh ana important
justify disregard not only q al ,hs pqnc,plss OF
ound policy, but also Of the constitutes, , se asa,ns.
Of The ssisy liberties OF those whose rights
been conmed e our = an ns pese1 ana
persisted in the dissolution o. TIA. cosedeaoy IN
s %i's is.:, and "A'' ' ~ = '' : remain
a. BUTLER, South Carolina.
l.. TURNKEY, Tennessee
PIERRE SoUIE, louisiana
DAVID X. AToHIsoN, Missouri.
JACKSON MoRros, Florida.
SENATE CHAMBER. August 10, 1850
Mr. DAVIS. Of Massachusetts. What is the propo-
si,ion before selo Y. ia ~ Senate
Ii upon the records Of the Senate.
Mr. DAVIS, oil Massachusetts. would inquire, Mr..
President whether there be any precedent fer proceed.
thought that the opinion prevailed 10 this body that the
constitution did not provide for any record made up
that form being placed upon the journals Of the Senate
In my memory does not fail in this matter, the Senate
has uniformly refused to receive papers Of that be
recorded upon the Journal remember very well that
when the expungng resolution was up. as It is called
my colleague late member Of this body. and myself
united in protest; but ii recollect Alright, it was not
received by the Senate II permitted to be read here
but am confident, though not quite sure, not having
looked at the record that the Senate declined receiving it
and putting il upon the record believe, unless am
quite mistaken, that frequent instances have occurred OF
applications OF this Sort and that they have never sue
ceeded Therefore, the general rule heretofore prevailing
the Senate is against making any record Of paper of
that description do not wish for to enter INTO this
subject again. and to reagne again the questions which
have been SO much dwelt upon here but II one side OF
the Senate may enter It's reasons upon The journals OF the
Senate, why should not the other When you come 10
follow matter OF that sort out you will nd very extra
ordinary matter upon your records II il goes upon the
record at all then the protestant may put upon the record
such matter he thinks BIT and proper else is not his
protest do not wish 70 protract these remarks. do
NOT wish to be understood complaining OF or object
ing To the opinions expressed in this document, the
language used reason against reception. II seems
TO be expressed in respectful and temperate languages
inst where ]. will lead
Mr.. HUNTER. / believe stated tina, it was not my
Offering hs clam that should
was not that any senator had been refused the
privilege OF protesting upon the record OF the Senate,
though knew that there precedent in its favor
As to the mischefs which such practice may lead
we have nothing in our experience 10 enable us TO
Judge in relation to them; but II is certain that In that
country from which derive most of notions OF
parliamentary law the practice is permitted, and have
not heard that any deleerous have ensued
to me to be highly appropriate that the minority
legislative assembly should have the privilege upon
extraordinary occasions of giving emphasis to their oppo
ston 10 the action OF the body by proceeding like this
am aware that II opposition is made to proceeding OF
entered upon the record but we had supposed that upon
question of this sort. might appeal SO far TO the
courtesy OF the Senate as to be permitted to place upon
The record opposition, and the for oppos
ton, to this bill in durable form than that
which we find in the journals OF the debates. We
thought this occasion on which we might fairly ask
The PRESIDENT The Chair feels some difficulty in
deciding question Of this kind. where there is even an
obecon There is nothing in the constitution, certainly to
thprt1a tho pfaF fha nd
there has been instance in which protest has
been entered upon the journal OF the Senate There was
al early period OF the government an attempt made 10
authorize the entry OF protests the record and was
refused motion made, that upon final bill or
resolve any member shall have the right to enter his
test or dissent upon the Journal OF the Senate, with the
which have prompted his opposition to the meas
ure"
Thiswa on July IL, 1859, Il was rejected by vote
Of the Senate, and there is nothing which can lind, or
which the Secretary has been able TO find upon the jour
nal that shows any action OF the Senate whatsoever in
relation 10 protests since In regard TO the case referred
10 by the senator from Massachusetts, there is nothing
upon the record to show that the protest prepared by
sell and his colleague actually presented and refused
Inc only thing ind in relation TO Is to be found in
the Register OF Debates, in which the colleague OF that
senator took occasion TO say:
And now, had the constitution secured the privilege Of
entering protest the Journal should say word
be accomplished. know no, what would have been the
value Of sucha provision. however, formally or carefully
but as there such constitutional privilege, only
effect my purpose by thus addressing the Senate and
rise, therefore, make this In this manner, In
face Of the Senate. and the Of the country, which
cannot present in any other manner
The Chair stated, in rising, that when there sim
gle objection he would feel difficulty in deciding Under
the circumstances he is rather under the impression that
il must be with the Senate themselves
Mr. DAVIS, OF Massachusetts,. | have not very
clear aud distinct recollection in regard 10 the proceeding TO
which referred when up before, to whether permits
was asked put IL upon the Journal OF the Senate
or not II was drawn up IN The form OF protest. and
Jam very sure signed by both OF us; but. since the
Chair has advened TO The remarks OF nay colleague.
o opinion that being satisfied that could be received
we did not offer it, That was, know, the general sense
OF the Senate.
The PRESIDENT, (in,erposing) That was the fact
The Char well remembers The circumstance.
I Mr.. DAVIS. One word more as TO the grounds upon
which now object 10 this application. ] beg gentlemen
consider that there is any thing IN thus particular
TO which object II is to the general privilege o.
Requiring that protests shall be entered upon the journal
and the lear OF the evil consequences which may Iesul
from such practice.
[To Continued
II cATIrpnAX Aiy.nSr IN tgso