The national era. [volume] (Washington [D.C.]) 1847-1860, 1850-08-22
CONGRESS-.
THIRTY.FIRST CONGRESS- FIRST SESSION.
SENATE.

SENATE.
TUESDAY, AUeUsT 10, 1850.
? w indicated in our last, that the Senate on
Tuesday passed the bill for the admission of Cali
fornia into the Union as State Prior to taking
the vote, the debate was continued by Messrs.
Douglas, Davis of Mississippi, Clemens, Houston,
Berrien, Ewing, and Csss, and after some remarks
by Messrs Atchison and Houston,
The question was taken on the passage of the
bill, and it was decided in the sfirmative-yeas
a. nays Is, as follows:
YEAs-Messrs. Baldwin, Bell, Benton, Brad
bury, Bright, Cass, Chase, Cooper, Davis of Mas
sachusetts, Dickinson, Dodge of Wisconsin, Dodge
of Iowa, Douglas, Ewing, Felch, Greene, Hale,
Hsmlin, Houston, Jones, Miller, Norris, Phelps,
Seward, Shields, Smith, Spruance Sturgeon, Un-
derwood, Upham, Wales, Walker, Whitcomb
and Winthrop-34.
NAYs-Messrs Atchison, Barnwell, Berrien,
Butler, Clemens, Davis of Mississippi, Dawson,
Foote, Hunter, King Mason, Morton, Pratt
Rusk, Sebastian Soule, Turney, and Yulee-is.
Mr.. Douglas moved that the Senate take up
bill No. ITO, being the bill providing Terrific
rial Government for New Mexico.
Mr. Butler (Mr. Douglas withdrawing his mo-
tion) said that portion of the minority would,
on tomorrow, ask leave to have entered on the
journal protest against the bill just now passed.
Mr. Douglas renewed his motion, and 1t was
decided in the afirmative-yeas "a, nays Is.
The bill was then read a second time.
Mr. Douglas moved that the bill be postponed
till tomorrow, and be made the special order of
the day at ~ O'clock and for every day thereafter
till disposed of.
Mr. Rusk objected to this course of making
special orders so fast one after another
Mr. Butler suggested that the Fugitive Slave
bill had the preference.
Messrs Foote, Mason, Butler Dickinson, and
Hale, continued the debate; and then
The motion Of MIR. Douglas was agreed to-
yeas rs, nays H.
Mr. Hale moved that the Senate proceed to the
consideration Of Executive business
motion was made to adjourn; which was
agreed to--ysas Is, nays Ia.
And the Senate adjourned.
WEDNESDAY, Aueusr Ia, 1850.
Petitions were presented by Messrs Cass,
Downs, Winthrop, Hale, Norris, and Badger.
MIR. Rusk presented the petition of William
A. Bradley and others, praying certain repairs in
the city post Office.
MIR. Cooper presented the petitions of sundry
citizens of Pennsy lvania, praying modification
of the tariff of 1916.
Mr.. Hunter said that he rose to ask leave to
submit motion, which he well knew he had no
right to demand, but which he desired to ask Of
the courtesy of the Senate. 1t was that protest,
signed by ten Senator'S against the passage Of the
bill to admit California, be received, read, and
spread upon the journal
Mr.. Hale asked that the paper might be read.
GThe paper was read by the Secretary of the
Senate, and will be given next week
Mr. Davis of Massachusetts asked what the
question before the Senate VAST
The President said that the question was on
the motion to receive the paper and have it en-
tered on the Journal.
Mr. Davis Of Massachusetts,, said that there
was nothing in the Constitution which authorized
such proceeding. There was no precedent for
it. At the time when the expunging resolution
was under consideration, and was passed, he and
his colleague united in a protest against the
measure and the Senate refused to receive It,
Similar results, he understood, attended other ap-
plications He opposed the principle of the mat
ter II this protest was received, and spread upon
the Journal, how could other applications Of
similar character be refused hereafter. IL IL was
allowed to have the record made up with the ar
guments and reasons Of one side, why not extend
the same privilege to the other side. He had no
objections to anything contained In this paper
but If the principle were once recognised and e.
tablshed, what was to prevent other papers, con-
tanning matter which was frivolous and wanting
In respect to the body, being presented, and
spread upon the Journal? He opposed the es-
Establishment of any precedent for papers Of this
Kind. and advocated an adhesion to the former
practices of the Senate
Mr. Hunter said that he was well aware that
he could claim no right to have this paper entered
he submitted the motion entirely as question Of
courtesy.
The President explained that there was moth
ing in the Constitution respecting this matter
He referred to the case mentioned by the Senator
from Massachusetts, and read from the journal OF
debates to show that protest had been presented
on that occasion Under all circumstances the
question was one for the Senate and not for the
Chair TO decide.
Mr.. Foote greatly regretted that the protest
had been submitted, and stated the reasons why
he had not signed IL. He would vote, however,
for the motion.
Mr.. Shields said that this protes. being entered
on the Journal, or whether 1t were not, would
have no effect upon the country The protest
would 20 TO the country, whether II was entered
on the Journal or not II would be In the papers
o.morrow He was cory that any objection had
been made He was in favor Of recognising the
right of petition and complaint. This ne con-
sidered In the nature Of complaint by the mi.
nority, and he was in favor OF receiving IL AND
entering IL upon the Journal
Messrs Baldwin and Hale opposed the motion
to have 1t entered on the Journal
Mr.. Cass said that he would vote for the mo-
ton. The power was unquestioned, and being
question entirely addressed 10 their discretion
he saw no reason, upon such an important meas
ure - this to refuse the request Of the Senators
The question was one Of courtesy, not only TO the
Senators, but to the States they represent.
Mr. Winthrop opposed the motion.
Mr. Butler replied. =.
Mr.. Davis of Mississippi replied to the objec-
tions urged.
Mr.. Bsrrien followed In support Of the motion
Mr. Badger stated that he had serious objec.
tions 20 the course proposed, bat, under oil the
circumstances, he would vote for the motion.
Mr. Benton opposed the motion ct length.
Mr.. Downs agreed with the Senator from North
Carolina. He opposed the whole pincipls Of On.
tsring protests on the Journal but would vote
for the motion.
Mr.. Pratt was proceeding in An argument
against entering the protest on the Journal when
u order 70 give time 70 examine the paper, ID