The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-25
THE UNION.


advance Of the vote upon this question, TO learn the
of the Senate upon the nghtiuness OF my voting
upon this very question, TO whose decision shall most
MIR. BERRlEN A vote of the Senate cannot decide
question OF constitutional right; and after their decision
OF this question: the senator from Florida would be Just
where he is now II he will Withdraw his motion until
after the yeas and taken here and will then sub
NIT simple question TO adjourn, the question OF order
cannot arise and he can attain his object as far as could
be attained by submitting his motion at the present time
MIR. YULEE. | wish vote taken test OF the
OF the Senate upon the question OF our right to le-
gisate at this time Several senators believe we are act
ing without authority aud by voting TO respond TO the
resolution of the House, they will testify that CONVICTION
| am willing TO govern my Judgment by that OF the SEN
ate and it is to test that sense that have made my mo-
ton to take up the resolution from the other house.
cannot, therefore, withdraw my motion, however much
might desire to conform to the wishes of the gentleman
The PRESIDENT stated the question to be upon the
appeal upon which the yeas and nays had been ordered
Mr.. CORWlN do hope the senator from Indiana
will withdraw his appeal.
MIR. BRIGHT will withdraw it,
motion here made to postpone the further con
sideraton OF the bill in order to take up resolution
ceved from the House OF Representatives relative to an
adjournment.
The PRESIDENT stated the question 10 be upon the
postponenent of the question upon the amendment, for
the purpose OF taking up the resolution IRON the House
relative 10 adjournment
Mr. MANGUM | would ask the honorable senator
from Florida whether, if his views correct are IN
condition to take any vote at all! Ii cannot act
upon this amendment from the House. upon what ground
can we take up the resolution from the House,
Mr.. fULEE Upon the ground stated by the Chair,
that could not adjourn se de, on account o tue rule
requiring the of the other branch for an adjourn
for period beyond three days, and that we hal not
then that consent We have now the concurrence and
of the other branch before u.s. and are therefore
in condition TO adjourn SINE die ask Tor the yeas and
nays.
The yeas and NAYS having been refused the question
was taken and decided in the negative.
The question recurring upon the amendment submitted
by Mr. Mason, upon which the yeas and nays had been
ordered, they taken, and esultedyeas H. nays27,
as follows
YEAS-Messrs. Atchson, Bell, Berren, Butler, Cam
eon Davis of Mississippi Dickinson, Downs, Fitzpatrick,
Fooie Houston, Hunter, johnson of Georgia. King Man
gum, Mason Rusk, Sebastian, Turney Wescou, srd Yu-
NAYS-Messrs. Anterior, Baldwin, Bradbury, Bright,
Cake Corwn, Davis of Massachusetts, Dayton, Dix,
Dodge OF Iowa, Douglas, Fech Greens, Hale, Hamn,
Pearcc, Spruance, Underwood, Upham, Wales, Walker,
and Webser-27.
So the amendment was rejected.
hiessrs ALLEN and BORLAND stated that they had
refused to for the reason that the time had expired
within which they could constitutonay act.
Mr.. tOoFE. move, SIR, that the Senate OF the Uni
ted States do adjourn the hour of four hay ing ar
rived, and we having no constitutional authority Tor
legislative action.
Mr. HALE asked for the yeas and nays which were
Mr. FOOrE claimed the privilege of entering his pro-
test upon the journal of the Senate against further ac-
The PRESIDENT ruled the motion to adjourn on, of
order
Mr. Po9PE appealed from G the decision Of the Chair
ton to adjourn not 10 be IN order
The PRESIDENT. No, sir
Mr. BERREN. That was the motion.
The PRESIDENT stated the question upon the ad
tournament, and the yeas and nays were ordered:
Mr. FO0rE | raise the point of order, | insist that
no gentleman whose term expired at midnight. has
Mr.. WEBSTER. This is very extraordinary step.
How dces the senator know that they will offer TO vote
The PRESIDENT. The Clerk will proceed with the
The Clerk having called several names, senator
spending whose term expired on the "a inst
Mr. FOoTE said call the senator 10 order. His
Mr. WEBSTER | call upon the Chair to preserve
order in the Senate.
The PRESIDENT Gentlemen will keen order; the
Clerk will proceed with the call.
The call having been concluded, the result yeas
7, nays 49, as fellows:
YEAs-Nessrs. Fitzpatrick, Hale, Hunter, Johnson of
Georgia. Mason, Niles, and Yalee--7.
NAYS-Messrs Achson, Anterior, Baldwin, Bel, BeT-
ren Bradbury, Bright Butler Camtron, Clarke, Cf5win,
Davis Of Massachusetts Davis of Mississippi Dayton Dodge
Of iowa. Douglass Downs Greene Houston johnson OF Ma
ryIand, Jones. Mangum, Metcae, Miller; Pearce Rnsk,
Sprunnce, Sturgeon, Underwood. Uphan, Wales, Walker,
aud Web.ter-33.
So the Senate refused to adjourn.
Mr. BRIGHT. | think we have now reached that point
which have been trying TO reach for several hours We
have got beyond mere abstract questions we are now 10
decide whether will do something, or whether we
will do nothing. We are TO decide whether the wheels
of the government for the next twelve months shal stop
shall continue to roll on. Ii they are to go on we
must strip this bill all that is ncongruous and pass IT
in the condition in which it ought to be. believe the
large majority of this body disposed to do this lhe
effect OF recedng from our amendment Will be to lei me
amendment incorporated upon 1t by the other house TALL
with it, If the Senate recede the difficulty Will be over
for it will require concurrent action upon the part OF
the House declare this bill law. move therefore,
sir that the Senate do recede from their amendment
The effect of it will be, as contend, TO strip the bill OF
everything relating a government for California
Mr. WEBSTER That cannot be done. The only
question before is to concur with the amendment OF
the House.
The PRESIDENT The motion is not in order. The
question is upon concurrence with the amendment from
the House.
Mr. WESTCOTT inquired whether if the motion to
then be in orJer
Mr. KING There can be question hut that the Senate
have this time, complete power TO ecede from their
amendment to the bill Ii they recede, the amendment
of the House falls matter OF course, and 1t STRIPS the
bill OF the whole matter This very night we have done
The House engrafted upon the main question an amend
men for the issue OF treasury notes to the amount OF hve
millions of dollars The Senate, TO AVOID that amend
ment eceded from their own, AMI both fell together
There be doubt about it. The practice has been
uniform in such The bill passes from one house
them lest the bill should be defeated or the other
house recedes from its amendment, and then the obec
tionabe amendment falls matter OF course. hope
sir that the Chair will decide against the proposition
recede, for it in accordance with uniform prac
tice.
Mr.. BRIGHT There can be no doubt but that the
parliamentary rule stated by the honorable senator
from Alabama 1t is of the simplest propositions IN
parliamentary law. We engraed proposition upon a
bill from the House. They have engraied an amend
ment upon that amendment of the Senate. We are now
called upon recede What is the effect OF that recess,
Al Al. t.tl- ,,.I tho