The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-01-09


said District. Upon that motion, SIR l have single
Mr. KING | move TO lay the motion of reception
upon the table.
MIR HALE Have the floor, Mr. President!
The VICE PRESIDENT stated that the motion OF the
gentleman from Alabama in order.
Mr. HALE. / beg leave TO suggest that had not
yielded the floor had made notion and was proceed
ing to speak upon that motion, when the senator from
Alabama moved TO lay i upon the table b.
debated until II is received. When il is received, the
question open for discussion. Until il is received, is
not open to discussion upon the part OF any senator
whether be has the floor or not.
Mr.. HALE. Mr. President, the practice OF the last
session dfierent for remember very well that the
presiding officer then decided that motion to receive
was debatable motion; and remember, sir that we
had debate covering several days. upon question oil
that sort; upon the question whether should have leave
to introduce bill Upon nai dses aSs we bsp spent
Mr.. WESTCOTT Ii the senator will permit me -
Mr.. HALE; have not yielded the floor, sir
Mr.. WESTCOTr Then | call the senator to order,
that | may have an opportunity OF showing where he Is
out OF order
The vIcE President being engaged in looking over
Mr., HALE said Will the Chair allow me to make a
suggestion to assist him in his references The bill 10
which referred was Tor the suppression OF riots IN the
District of Coumba and upon the question OF It's re-
ceplion, we had discussion OF several days.
The VICE PRESIDENT stated the case, and ruled as
follows
l. The senator from New Hampshire [Mr HALEl has
moved that the memorials be received and superdded
another motion to refer with instructions, giving notice
that he would proceed TO remark upon the latter motion
The gentleman from Alabama Mr.. KINGl moved that
the receive be laid upon the table The Chair
decides, that by the established rule and practice OF the
Senate the motion TO receive must be first disposed OF
the motion TO lay that on the table Is therefore In ordcr
and is not debatable
Mr. HALE. But had the senator from Alabama. a
right to interpose | made motion, and proceeded to
suggest that had reasons for that motion. While
stating those the senator from Alabama made his
motion to lay il upon the table Ii seems TO me that the
floor belonged until ruled to be out OF order,
and that nobody had right to stop me with any other
Mr. KING. The parliamentary law is perfectly plain
upon this whole matter. Whenever any paper is pre-
scented by SENATOR ii il is objected TO, The question is,
IS Shall the paper be received ?" motion then to lay
that question of reception upon the table not debatabe
That has been the practice for the last 10 years The
parliamentary law repeat, is perfectly PLAIN: that if it
known to the presiding officer that objections would be
made to the reception OF any paper motion TO lay that
upon the table must be taken without debate
ed to go and discuss the question of reference until
the Senate had decided TO receive the petition. Being,
therefore, out of ORDER ntepose and moved to lay the
question OF reception upon the table
MIR. HALE Does the Chair decide that was out Of
order'
The VICE PRESIDENT ruled that the motion before
the Senate to lay the proposition to receive upon the
table
Mr.. HALE Task the yeas and nays upon that ques
ton.
The yeas and nays having been ordered,
Mr.. DOUGLAS inquired what the petition was that
was under discussion.
Mr. HALE The substance of it is, that Congress
shall not only prevent the extension of slavery to
territories where it does not exist but shall with
draw the protection of the American flag from the inter
nal slave trade, and shall abolish slavery wherever it
shall be within its jurisdiction
MIR. WESrCOTT. | understood the senator to say
that asked for the abolition of slavery in the District of
Columbia.
Mr.. BALE 1t is to abolish slavery IN every place
over which Congress has jurisdiction, and includes the
District OF Columbia OF course.
Mr.. DOUGLAS called for the reading of the petition
He could see no objection to knowing what the contents
of the paper were.
Mr.. KING. How can we have it read before it is re-
ceved?
not be read not in the possession of the Senate
Mr. KING. The contents of paper are to be stated
by the individual offering it,; and that is all that I'VE can
know of it until it is received. The paper cannot be
read excepting by unanimous consent, until is received
After the statement of the contents by the gentleman Of
terng it, the question is, any objection is made Sha
il be receved!" That the question pending when
made the motion to lay it on the table.
Mr. DOUGLAS remarked that he did not suppose that
any gentleman would have any objection 10 knowing what
were the contents of the paper.
Mr. DAYTON doubt whether the ordinary practice
of the Senate has been that stated by the senator from
Alabama know that petitions and memorials of par.
tcuar character have been objected to account OF
their interference with slavery the slave States, and
have been laid upon the table, upon the question of
cepon merely But when memorial is presented ask
ing for the restriction of slavery territory clearly with
the jurisdiction OF Congress- asking only Tor that which
we have constitutional right to grant, has it ever been
the custom to lay such papers upon the table, upon the
question of their reception would ask the senator
from Alabama if he inform me whether such has
ever been our practice?
The VICE PRESIDENT. Debate is not in order
Mr.. KING. | could very readily, if it were
in order.
Mr.. DOUGLAS | understand, then, that there is no
way of ascerainng the contents of the petitions except
" The 'Se' VICE ' PRESIDENT There is not:
Mr.. DOUGLAS. Then, sir, | hope the petition will
be received. must certainly decline voting with refer
ence to the petitions, unless first permitted know
their contents
The VICE PRESIDENT then stated the question:
Shall the motion to receive he laid upon table"
The yeas and nays having been already ordered, were
taken, and resulted-yeas %, nays ID, as follows
YEAS-Messrs Atchson, A,herton. Bell, Benton, Ber
rien, Borand, Butler, Clayton, Davis of Mississippi Dick
nson Downs, Fitzgerald, Fizpatrick, Foote Houston
Hunter, Johnson OF Louisiana, King. Meleaile, Pearce
Rusk. Sturgeon, Turney, Underwood, and Westcott-25
NAYS-Messrs Allen, BALDWIN, Bradbury, Bright,
Cameron, Corwin, Dayton, Dix, Felch. Hale, HamIin,
Miller Niles, Spruance, Upham, and Walker-l6,
So the motion TO receive the petitions laid upon
the table.
On motion by Mr. HUNTER, it was
ordered, That the memorial OF the President aud Pro-
lessons oil the William aud Mary College, the State of
Virginia. the files of the Senate, be eterred the
Committee on Revolutionary Claims
On motion by Mr.. CAMERON,
Ordered, That the petition of Rebecca Robosou on the
files OF the Senate be referred to the Commitee PEN
sions.
RESOLUTIONS STATE LEGISLATURES
Mr. WESTCOTT presented resolutions passed by the
legislature of the State of Florida, demonstrating against
the city of St Augustine and in favor OF the adoption OF
for the better protection OF the eastern frontier
of that State; which read and referred TO the Com
mittee on Military Affairs