The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-02-10
IN CONGRESS OF THE @. STATES,
FRIDAY, FEBRUARY Q, ls49.
SENATE.

New York IN favor OF charter to Dr. Hartwell Carver
and his associates, for railroad 10 the Pacific which
was referred to the Committee on Roads and Canals
Mr.. ATCHlSON presented memorial from citizens OF
the United States residing in the valley of the Mississippi
asking an establishment of safe commercial communca
ton between the valley OF the Mississippi and California
to be guarded by troops which referred to The Com
miitee on Military Affairs.
MIR. BALDWIN presented the memorial of Charles
Dickinson and 43 others, citizens OF Derby, Connect
cut, asking an amendment of the patent laws; which
Office
Mr.. HALE MIR. President have received, and been
requested to present TO the Senate the proceedings of
public meeting OF citizens OF Syracuse, in the State OF
New YORK; also, The proceedings OF public meeting OF
the citizens of Troy, New York Also proceedings and
resolutions of the mayor and council OF the city
OF Buffalo, in the State of New York also, resolutions
and proceedings OF the mayor and common council OF
the city OF Rochester. in the State of New York and, in
addition thereto large number oil petitions, numerously
signed from Buffalo Rochester Syracuse and great
many other places in the State OF New York all praying
that Congress would abolish the spirit raiions and fog
gng in the navy of the United States. | ask that they
may be received and referred 10 the Committee on Naval
Affairs.
In laying the above documents before the Senate, Mr.
a. said In presenting these resolutions, take occasion
to say wod or two in relation to their character and
history II will be recollecleda wish to ca the
attention OF the chairman of the Committee on Naval
Affairs to this subject for momcnt-t will be recoleced,
that, long ago five years--and do not know how
Housethe House OF Representatives.. by decided vote,
determined that this system OF aogging in the navy
came to this body, that TO my mlnd) very wise, sal
utary, and humane legislation of the House not
concurred in by the Senate. The American Senate
inerposed buwark TO preserve the cat tails for
the benefit of our navy ana that instrument of torture
has been in use until the present time. A bill is now
before the Committee on Naval Affairs in the House
tanning the same provision for the abolition OF this bar
barous custom.
But, sir, although not able to effect the abo
ton OF the custom at the last sess lon we did obtain
upon motion of mine, a report from the Secretary
arbitrary power had baen exercised by commanders
of vessels for the period of three months. ] have
curious fact: That while in vessels of the Uni
ted States-the Cyane' for example-from the LIST OF
April TO the 3oh OF June, only fftyseven ashes were
administered, other vessels could not get along during
the length of time with less than four hundred and
three ashes. So it appears that this punishment is not
very equally administered for in some vessels they could
get along with eighteenth part OF the number OF
ashes required by others; in other words varies from
fifty seven up to nine hundred and three. There Is
very intelligent sailor now in this city whe is prepared
if he could have hearing before committee in this
the other branch OF Congress- to show that this report
goes up only about third the actual number; and
that cases can be found where two thousand three hun
dred ashes have been administered within three months
have not attended the session OF the court of this Dis
trict, but informed that judgment has been render
MIR. YULEE, (interposng) would like to inquire
whether is in order TO discuss this matter in the pre-
sentaon of pettion' II the senator will refer it, he
can at the proper me take up and make such remarks
Mr.. HALE. / believe am not trespassing upon the
order OF the Senate and have consumed but little of
The tune s Of the present session AS the Senate
Mr.. YULEE lflhe senator proposes to discuss the
matter insist that this is not the proper time. The
time of the Senate should not be occupied with such
discussion. do not think the subject very particular
matter and will inquire whether il is not out of order
to discuss matter on The presentation of petitionl
Mr.. WEBSTER II is quite in order 10 present petit
ton, and 10 speak few words upon the subject con-
tanned in it This is not original question. Nothing
more orderly than the Of the from New
Hampshire.
Mr. KING l beg leave to differ from the Senator from
Massachusetts, with regard to It's being perfectly in order
to make speech upon the presentation of petition.
The rule is positive, which allows only the substance of
Mr.. WEBSTER | am not mistaken. The rule is,
that the senator who presents petition shall state the
substance; but do not gentlemen remember in what
allowed There has been no new rule since that
time: What is required of the member is, that he
shall state the substance and effect of the petition, and
that the petition shall be couched in respectful terms
There is rule OF the Senate deprving senator of the
right TO do more than state the substance of petition
Mr.. KING So far from that being the case, mem
Der is authorized TO make speech upon any petition
uu it is received. The question must be put by the
presiding ofHcer-Shall the petition be received The
silence Of the body is considered to be an assent When
Is in the knowledge OF the presiding officer that there
any objection, he obliged to put the question whether
the petition be received But upon the presentation of it.
stance; and why' In order that the body may Judge
whether it shall be received not Until it is received
discussion is in order according to parliamentary law
Mr.. WEBSTER This petition has been presented
There is question raised about IFS reception; but the
motion is to refer il. and on that motion the gentleman
has right to address the Senate, unless the senator
from Alabama can bring in some new rule.
Mr.. YULEE When | raised the point OF order, did
it having in mind that the gentleman from New Iiamp
shre at the last session. had favored the Senate with
elaborate speech upon the subject and nfering
from the drift of his remarks that he again about
proceed at some length. When the appropriation bill of
the Committee Naval Affairs before the Senate,
the senator Will have an opportunity to deliver himself
OF the opinions he may entertain upon the subject Ii
10 that it would be unnecessary expendi-
therefore thought proper to suggest that the subject
before the committee already, the extended remarks
OF the gentleman would be unnecessary
The VICE PRESIDENT remarked that there no
positive rule for limiting the genteman's remarks to
particular length He therefore, decided that the senator
from New Hampshire was not out of order.
Mr.. HALE. would not have taken up half the time
in making my statement of the contents and effect of the
petitions presented that the from Florida has
IN commenting upon my course. But must give the
senator great credit for his sagacy in knowing what
going say The senator has referred to an elabo-
rate speech which made last session. | may remark
by the way, that this speech not heard all for it
was the close of the session, when the attendance
of the Senate very thin
going to call the attention of the chairman of the
committee to few facts which have been elected since
my elaborate speech of last session. | remarked that
had not attended the sitting of the district court in this
city, but that had obtained facts to which wished
TO call the attention OF the chairman of the Committee
on Naval Affairs | understand that the construction
gwen by the ohcers In our navy to the law authorized
fogglng al h6'tum by giving twelve lashes for Of
fence, and repeating it any number of times during the
day
Under the law of Congress sailors enstng for given
period OF time, if the time expires before their return TO