The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-16
IN CONGRESS- OF THE U. STATES
vnir,y-FIrat oonsrsss -Fir.s Session.
WEDNESDAY, AUGUST IA. 1880
I'm oosTISuArIoN.l


mission OF California having been read, and a motion
having been made by Mr. HUNTER that it be entered
upon the Journal Of the Senate The debate "a portion OF
which was published inyes,erdays paper) continued
as follows;
Mr.. FOOfE Mr.. President, do not rise 10 oppose
the reception o This protest have not looked into the
quescn o. parliamentary law which governs such cases.
and perhaps tmgLi moi be IN order state briefly
ore two reasons Which have operated upon me as a
southern senator in not attaching my to that pro-
test, Tor am not favorable 10 lis introduction here II il
is IN orjer, can state those reasons very concisey
This, Mr.. President is very delicate matter in some
Of its bearings Although some gentlemen cannot appre
cate The motives BY which have been aoaated, it due
to my consituens----
The PRESIDENT, The senator can only be permit
ted To proceed with the indulgence OF the Senate The
paper has no yet been received.
Mr., FOOIE. Sir, regret that this protest has been
brought here ior several reasons have deemed il my
duty oppose the admission OF California separate
and substantive measure, from the beginning Of the
SION up TO the present moment have united with your
self and Others ~ endeayoring to prevent the admission
OF California That bill has now passed. and conceive
therefore, that all parliamentary opposition to that meas
should now cease MY instructions, at least do not
require OF me 70 sign any protest against the action Of
this body. look upon II little dsrespectfnl, after
the Senate o the United States has acted upon this BILL
to enter protest in the manner proposed against that
tnat the action Of the Senate receiving the protest. may
lead to misunderstanding elsewhere and may be attended
with mischievous consequences i has ben said repeat
edly that il is the duty OF the South resist this meas
ure. !, is said in newspaper which have now III my
hand, and which is understood to be the organ of
eighty gentlemen-sad, think, very indiscreety, and,
quarteI--that
The coalition between the northern ard southern ultra
peaSs and hs ps y
tie abotions = them quoted as proof Of ther orthodoxy
and Objectionable Of all the which
the southern States have declared they weuld
iaernz'ng with The fanatics whom they professed
daily to condemn
Now sir heie emphatic declaration that the whole
OF the South has declared its intention 10 resist this bill
by ioce II il should become law That, SIR is not the
case with the State which part represent Force sir
And Understand that he acton Of the State Of Georgia
has been much misunderstood in different quarters OF the
country, in reference 10 its opposition 10 This BILL It is
not TO be understood threatening armed opposition
this bill, ii il should become law Certain proceed
ngs Lave occurred which, with the decla-
IsSn OF several senators here and Msfssa Of the hon
Day all going together TO the country, will tend TO
courage this movement, and may be productive Of the
most injurious consequences. Feeling that to be the
case-eeng that this protest, however well intended,
however high and patriotic may be the motives OF the
gentlemen who have got i up, 1t should receive the
sanction OF the Senate, WILL in all probability. have the
very mischevous consequences that have spoken OIL
iee bound 10 protest respectfully against IFS reception
For my part, am satisfied with having soemply, by the
mode recognised by the constitution, by vote and by
speech, resisted the admission OF California have
gone far which think is as far the constitution
well intended which fear will excite persons elsewhere
10 measures oil which must ever condemn,
and which should most deeply depore, u they should
/ occur
The PRESIDENT. The question is, will the Senate
Nj Mr SHIELDS. do not see, Mr.. President, tba, the
entering this protest upon the Journal will in the slightest
degree reach the of The honorable senator from
Mississippi, tMr FooTEl II will go to The country.
whether II goes upon The journal or not The senator
has not seems to urged any consideration which
should deler from receiving the paper and placing
,Ss py as % o
the right as matter Of parliamentary law but there are
two rights which, whenever urged respectfully and con
aitutonay, | think should never be denied, except
under the extraordinary circumslancesthe gh, 10
petition and the right to complain. for the right oi
s.iiuionaily Or disrespectIuly exercised look upon
this as complaint complaint OF minoriy-orged IN
respectful terms They ask as favor, as understand
eeved and placed upon the journal nnk, sir, that 1t
would be nothing more than generous and magnanlmous
ow Ss% R. ns nc sss
Mr.. BALDWIN. MIR. President, dissent entirely
Mr. TURNEY Iwould inquire ifthis paper has been
The PRESIDENT II has not The question is,
shall The paPsr ,1s be Tecelveal .,,..,u !. , -.
views expressed by my honorable fnend from Illinois,
who has just taken his and concur in the opin.
ion expressed by the from Massachusetts Mr.
DAvBl am opposed the reception Of thsproest, not
only ior the assigned BY that senator, but for
ether which seem 10 me TO require thai 4 should
mol be received sanctioned BY any action OF the Sen,
ate The constitution provides amply for the rights Of
the minority both branches OF the legislature hgiyes
Them opportunity OIL recording tnelf sentimenb by
calling the yeas and nays during every stage OF the
bill But the spirit OF the constitution requires that
when bill has once passed through all the forms o.
legislation into law, nothing shall thereafter be placed
the records Of the body which enacted II TO weaken
its force. L
Congress is open the reception OF petitions from the
people, from members OF the legislative body them.
selves, II they choose petition io the repeal of thai
law But the law itself should 90 forth 10 the people IA
the expression OF the will OF the entire body We recog
misc DIVISION OF sentiment in regard 10 the obligatory
force OF the laws when they have received the sanction
Of all the branches OF the government which must
deemed 10 express the will Of the American people. And
nothing. my Judgment should be suffered be placed
upon lhe records OF any branch Of the government that
may tend impair the moral force OF those laws the
authoritative expression oil the will OF the nation.
Sur II we establish this precedent on this OCCASION
or il seems that 10 be established Tor the first
hme--how can we resist the application OF the same
rule whenever il shall be applied Tor hereaiteIs II
what nconyenences will IL not necessarily lead make
objection 70 the language Or io the spirit Of me pro
es, which has been presented The argument Is IN cub
stance ihe same ha We have heard from the lips of ih
senators who have signed in debate. have no onJec
ton 10 it's going forth to The country IN any formal snap
which the senators who have concurred IN ~ choose
give TO it; but do object to any protest being place.
upon the records OF this body which will require, or ma
be deemed TO require from those VINO concur
red IN the passsge oil the act against which IT 70 directed
and who certainly should have the same privilege OF ex
pressing their views in answer upon the record that gen
" tlemen have who are opposed TO the measure agains
Z which they protest.
: Nj. HALE do not mean to make a speech, -
bring up psecedent In the House Of Representatives
during the organization oil the 25h Congress- several pro
hal he rord of tvht hnld in IN