Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-08-17

ecord why not the other side also And when we come
ccur very oten and think that shall sometimes find
egy extraordinary matter upon record II adopt the
,ncple Of allowing protest 60 the record at ALL then
be protestant must be al liberty insert such matter be
may think fit and proper otherwise will be his protest.
The Senate will amend alter, or act upon
uch papers is not presented for that purpose And while
am stating these circumstances, am making complaint
Of the language in which this paper couched. wish to
be distinctly understood that while disagree with the opn
ions expressed, am making objection complaint at all
to the language in which it worded for it 10 me
respectful and temperate but it easy see adopt
principle Of this character to what ii may lead in the
future
Mr.. HUNTER i believe stated that it was not my
intention TO occupy the time Of the Senate by any debate on
this subject believed stated that did not Offer il mat
ter of right was that instance Of this sort has
occurred In this body but that any member
bad been refused the privilege of spreading protest the
journals when respectfully asked AS the mschiefs to
which such practice may lead have nothing in our ex-
perence 70 enable determine that point but we know
that in the country from which ancestors came and from
which derive parliamentary rules and experience 10
practice which has been long known Il does seem TO me
that there occasions when members should be permitted 70
emphasize their opposition to know that the
Senate chooses to raise the question have right to pre-
sent the protest and have put the journals but we did
suppose that upon an Of this might appeal
to the Senate to allow the privilege far as TO be permit
ted put the fact of opposition and the for oar
opposition to this bill in some durable form than that
which would find in the journals Of the day. We thought
it occasion which might fairly ask to have
spread upon the journals Of the Senate.
The PRESIDENT. The Chair feels difficulty In
deciding Of this kind, where there is objection made
In the constitution there nothing to authorize the putting
Of protest the journal There has been case
since the formation Of the Government in which protest has
been entered on the journal There at carly period
Of the Government attempt made to authorize the enter
ing Of protests the Journal and was refused motion
AL
Of the shall have right to enter protest and dis
sent upon Journal with the for such dissent and
protest. provided that such protest be made within two days
after the final passage Of the BILL This July 18th, 1882
rejected by the of the Senate and there has been
no instance that can fnd that the Secretary has been
able nd the journals since that date to show that any
such action has been had
With regard the protest presented in the referred to
by the Senator from Massachusetts, there is nothing the
journal which shows that the protest presented and
fused The only thing be found is the Register OF the De-
bates in which his colleague at that time reported to have
said
entering protest upon the Journal should say word
this occasion although if what is proposed shall be
accomplished know not what would have been the value OF
such provision however formally carefully might have
been in the body of that instrument But there is
such constitutional privilege only effect purpose
by thus addressing the Senate and RISE therefore, to make
that PROTEST in this manner in the face Of the Senate
and in the face Of the country which cannot present m any
other form"
On that the Senator proceeded 10 give MS
why he opposed to the measure which opposition would
have been the form Of protest. had the constitution
thorized being entered the journal The Chair stated
when he that he in doubt whether single objection
would be sufficient him to decide against it's being
put upon the journal He thinks the Senate itself should
decide the question
Mr.. HALE. Mr.. President, 1 do not rise to make a
Speech but simply to suggest to the Chair that there pre-
cedent for the protest. protest was offered in the House Of
the organization of the 2Sh Congress- and
had
state the It will be recoleced by many who hear me
that the organization of the 26th Congress three States
New Hampshire Georgia, and Missouri elected their Repre-
sentayes by general ticket. Mr. Barnard, of New York.
and ynine other gentlemen, signed protest in the House
against the Representatives of Missouri Georgia. and New
Hampshire Of which your humble one, taking
their seats The Journal of the House says
Mr Barnard offered, in his place, read paper signed
by himself and forynne other members OF the House, but
objection made when motion submitted that Mr.
Barnard have leave read the paper That question was
put by the Clerk the House, which, division, decided
against granting the leave"
Mr. Barnard framed his protest TO embody in
solution and subsequently in that way get upon the
journal Subsequently,, motion of Mr.. Gilmer OF Viz
gnis the journal corrected make it appear that
the protest had got upon the journal suepously These
facts will all be found be true on investigation
The PRESIDENT The Chair did not examine the pre-
cedens of the House Of Representatives bat of the Senate
Mr.. HUNTER. Mr.. President, merely rise to refer to
case in the House of Representatives which has been fur
nshed me by my friend from Florida Mr. Garne of Vr
gina was allowed, in the House, spread the journal
the reasons of certain which he gave. Here is the
case .$#
s.Mr Smith, of Maryland, moved that the House do
consider the taken Saturday last the question,
Shall the declaration OF Me- Garne then presented detail
ing for and motives of his vote Thursday last
concurng with the Committee of the Whole House the
Of the Union their agreement to the rs
suboned the report of the Committee Foreign Affairs
the subject Of recognition of the independence Of the late
Spanish American provinces
And on the question: Will the House reconsider the said
vote 1t passed in the attn native
Sand the question: Shall the said paper be placed
the journal It passed in the affirmative: Yeas 49, nays
Mr. BUTLER take it that the instance referred to by
the Chair one in which there effort made to
cure perfect privilege to SENATOR number Of Senator's
place protest upon the record That the import
understood it, of the case referred by the Chair WE'LL
sir do not know that would have voted for that at all
but even from that do apprehend the same danger
which to be apprehended by other gentlemen do
not know that the Senate and House Of Representatives Of
the United States essentially different far as It regards
their organization from the State Legislatures It has
been thought an unsafe precedent State Legislature for
certain number Of gentlemen, by permission for the time
being of the House, 10 spread protest upon the journal
know il Is not very common in my own State but there
insancesrare be sureupon very grave
casions when choose give emphatic form to
the convictions Of their minds, and one OF the most
solemn modes of showing the opinions which they entertain
of certain measure with view let them have what effect
they may upon the public and upon postey understand
that in nearly all the States this Is will not say
common but that there precedents for it In the Lega
lures of all the States of the Union. The Senator from
(Mr. WISTHRoP) alluded TO the British
House Lords though attempting to assm
ourselves the House Of Lords in claiming the poor
privilege Of asking the majority let to
The country our records The gentleman need have
cf