The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-18

worst features OF this protest
MT BADGER; Mr. President, hope my friend viii
allow me 70 say lal dd not intend to present the worst
or Inc bad features OF the protest simply alluded tc
mat to illustrate my objections
Mr WALkER resumed. When the protest read
Yesterday paid but llttle attention 10 it. supposng tha
before u was acted upoa should il in print. IN
ieed however IRON what said upon the subject by
some gentlemen among The professionals, and satisfied
from what hey SAID that there nothing in the protest
which was intended as upon the majority OF
me SENATE am quite satisfied that there IS nothing IN
the protest which was intended. But that there are
passages there which do, in fact mpugn not only the
action OF the Senate, but the motives of the Senate will
appear manifest think when the attention Of the Senate
Is called 10 certain passages H. will read three extracts
the honorable s senator %o FROM caoaa 'f' will lice
mence with the second cause assigned
Because the right Of the slavehoding States to common
and equal enjoyment OF the territory Of the Union has been
defeated by system Of measures which, without Tire
authority Of precedent OF law, OF the constitution,
mauilesy conved Tor that purpose. and which Congress
must sanction and adopt should this bill become law.
This il oil be perceived, does not stop opinion,
or protest against the action Of the Senate, but goes
behind that action and touches the motives and charges
a contrvance upon them.
/ Mr. HUNTER, lin his seat) Upon whom?
! Mr. WALKER Upon those, | suppose. who have
done the &C, complained OF, 10 wit passed the bill ad.
uniting the State OF California
Mr. HUNTER, I'm his seat) Not al all.
/ Mr., WALKER. Gentlemen say " not at all" | take
their declaration TO mean nothing than what have
already said, That was not the intention to mpugn the
motives OF senators But of whom are they speaking
They speaking oil this government and the only CO.
ordinate branch OF this government which has yet acted
upon me subject any extent or effect has been the Senate
| of the United States The charge is, that
The right OF the slavehoding States a common and
equal enlyment OF the errt Of the Union has been
defeated by system of which, without the
authority Of precedent OF law, OF the constitution,
| nanileslly cont',vcd for that purpose.
The eyes OF some may be able to discover this contr
vance IL may be manifest to some but | have seen
nothing myself which warrants the declaration tina, it
was manltesy a contrpance. speak with the more
freedom upon this subject because, regards great
portion OF what looked To like contrvancc
than anything else-the Compromise bill was opposed
TO II
The second part OF the protest which intended to
call the attention 0! the Senate has already beoa rad by
the honorable senator from North Carolina aha will
read It again, Tor the purpose OF adding siSse rc-
mark:
constrained believe that this government could
lie brought 10 admit SAFE presenting itself mr..
people oil the savehoidng States from all opportunity Of
setllipg VITA their property in that territory
Here, agaa we the protest reaching back TO the
purposes for which what was previously charged a
conryance was gotten up Following that aud bearing
directly upon il, comes the third passage in the protest.
which will now present to the Senate:
But, lastly, we dissent from ihis bill, and soemnly
against It's passage, because m sanctonins
contrary 10 oFmer preced-n' TO b.ioas policy 10 the
the purpose OF excluding the aveholdng States the
territory thus 10 be erected into Sfae, Ibis
tory OF the Uuited States Is object high and important
as 10 JUSTLY disregard not only OF all the pnc piles OF
sound polcY, bu also oil the courutution Itself.
Sir, if this intended-which will say am conf
dent 1t was Motif il Were intended imply what it says
II would be Intention 10 imply perjury upon the part OF
the Senate IL may be well enough to say these things in
the heat OF passing debate but when brought in the
solemn TORN OF protest. and sought 10 be made
during this Senate ITSELF It is to strike the heart OF
every man and the mind OF every something
rious indeed. 1t is not statement OF facts upon
which these gentlemen feel themselves justified in their
opposition to California; but in three instances the
tive is IN point OF TACT adveed to, and IN the conclusion
the government Is censured entertaining disposition
for the ends contemplated of violating the constitution
of the United States itself | am happy sir that can
believe in ny heart that this is not the intention OF gen
emen ID never could have been their intention. Their
fellowship among US has been OF too kindly nature 10
have engendered in their minds their bosoms such
charge against their associates. believe 1t TO be I'M
fortunate that The expressions couchet the form
they | have made these observations more with
view, alteration has been made in the protest. of sug
gestng that should be again amended and improved, 80
as to do what the object OF protest should be to do-to
state facts to be made enduring the record As the
protest stands it would be out of my power whatever my
wishes might be- 10 extend the courtesy to those gentle
10 let the protest be entered upon the record,
my intention Tor know II would be considered by the
world TO mean or to intimate wrong upon the part OF
the Senate aud wrong IN motive.
tMr. HUNTER addressed the Senate. His remarks
will appear hereafter
Mr.. BENTON The senator from North Carolina
Mr. BADoERl has opened this debate The right point
this morning, by going TO rs foundation, and showing
what was the intention of the convention which formed
our constitution and Il Is seen from what he has read
Lords, OF entering reasons Tor dissent upon the journals
entirely condemned by that ngentlon, and that in
It's stead they substituted the right 10 enter the Jour.
mails the yeas<nd nays OF those who voted any
urc. The senator has done a good service BY thus
going hack 10 The foundation, aud showing what the
decision OF the fathers OF the republic upon this point
My mind having been little turned 10 the subject
since the adjournment OF The Senaie yesterday have
found on looking commentary upon British law which
relates 10 the privileges OF Parliament that the American
commentator, Professor Tucker oil the College OF Will
Liam and Mary in Virginia, in commenting upon that
part o the privileges OF the lords OF Great Britain which
gives them the right OF entering their dissent upon the
journals notes the margin that the right OF demanding
he yeas and Days given IN the constitution OF the
mention this by way Of carrying out the argument made
TO Us by the senator from North Carolina
In the British House Of Lords, Nh President this right
prevails, but not IN the House o Commons and viii
show you before have done that the attempt To introduce
Il into the House OF Commons gave to alteration,
well nigh led 20 boodsed on the loo OF the House, and
caused the member who attempted TO introduce It, though
for bis presumption. And will show that we begin the
practice here at point al which the British Parliament
had arrived, long after thecommenced the business OF
entering the II will be business 10 show that,
Notwithstanding the British House OF Lords in The begin
ming entered toe poiesies under the word dissent
precisely our names are entered here under the word
nay i went on uni something very different took place,
aud which ended in authorizing any member who pleased
TO arragn the OF the House. and TO repfoach the
House whenever he pleased. Now how came the Lords
to possess this right II is because every lord power
within himself lie Is his own constituent body He
represents hmse and in virtue OF that OF
nmse he can constitute representatives, and can give
proxy 10 any lord TO for him any not
judicial Members OF the Honse OF Commons cannot,
~. L.ru l.