The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-10

be, to amend or do anything else il it contains mat
tes that are capable o being divided, any senator has
The PRESIDENT. The amendment a does not contain
two matters. Il is susceptible Of amendment II the
senator wishes to change it, he to strike out
| Mr. BADGER should like to have it read again.
! The amendmen, h was read accordingly.
d.r, MT bApGEK Ny Now The propositions are evidently
gests to me that they written separate pieces
Of paper which shows that they susceptible of dvis-
ION In fact, AT all events. Laughter Now, think
have right to ask the vote Of the Senate upon each
proposition by no follows that, in consequence
| OF me warrant not being assignabe, the widows or
children can bring action to They not
understood ~ such senseto be dependent upon each
other that the first part of the proposition necessarily
implies the second Indeed, according to any notions
nave upon such Subjects il is quite novelty that Wild
ow can bring an action TO possession OF her hus
bands land under any circumstances would be glad,
therefore, II the rule OF the body such apprehend it
to be, thaa member has right to have division of
subect-of any two members of proposition-tha this
question should be divided
The PRESIDENT The Chair has already stated to
the senator that he effect his object by moving strike
out any portion Of the amendment
| MT BADGER. beg. Mr.; President to have the fact
OF the case understood Ii there any other mode that
am entitled to- according to parliamentary law, should
The 'e1 pPRIEysfBf q making hs n
regard TO thus matter and rules that the amendment is
not susceptible Of division.
M Mr BADGER IA take an appeal from that decision
| The PRESIDENT 1t is susceptible of amendment
Mr.. BADGER No doubt Of that So is any other
proposition appeal from the decision Of the Chair
from Of s Cbar wh pepa TO ina
division OF an amendment offered The amendment
offered BY the senator from Wisconsin is one amend
ator from Missouri The senator from Wisconsin
cepted the suggestion and thereby made j his amend
men 1t relates to the mode BY which the land shall be
transferred from the original grantee The Chair decides
that Is in the power OF the senator 10 amend the amend
men by proposition to strike out any portion OF Il, but
not TO take the question separately upon the different por
Inn Mt Ernfn hat q Sp
tor from n North t,,tn GaIollna appeals
derstand the point OF my honorable friend from North
Carolina, that ls not the point The senator from North
Carolina calls for division upon each separate portion OF
the entire amendment as i Is now offered and that con-
tains two propositions He asks for division of the
vote upon that amendment Ii is not a question OF
amendment, as the Chair supposes but whether the vote
upon the two propositions, which the amendment contains
can be divided. That is the proposition that my friend
makes.
The PRESIDENT The Chair is aware OF that. The
Chair will again state what the amendment is and what
will be the effect of his decision. portion of the
amendment says that the widow heirs may, by proving
heirshp or wldowhood, claim the property, etc. The
ruling o the Chair that II II is desirable to change the
amendment motion should be made to strike out They
not separate and distinct propositions. 1t IL prop
osition made by the senator from Wisconsin II i were
composed of two sections. il would be different If there
were two amendments would be different But 1t Is
only single amendment, embracing these two ideas.
! Mr. UNDERWOOD. think, SIR, IL the amendment
be proposed in the alternative between the widows and
heirs, by the insertion of the dsunctve conjunction o.
between the two words "wdows and heirs" would
have the right 10 propose separation oil the two propo
stioRs.
The PRESIDENT By moving to strike out
/ Mr. UNDERWOOD. By moving to divide. That is
the point that understand my friend 10 make | may
very readily vote for the proposition IN reference to the
sido,c and refuse in reference to the hers The Chair
and only be reached in that way The appeal brings
up the question whether il can be reached by motion to
divide the vote apprehended, from the remarks made
by the Chair stating that IT was question of amend
ment, that these remarks light be pertinent.
Il Mr.. DICKINSON. | would like TO say a word 1
Understand that this is single section, and not
tons Then think there is nothing more clear than
that the Chair is right upon the subject You cannot
have two votes upon single section OF bll. Inc
reason OF the rule for the division OF the votes IN such
cases s that you may have specific votes upon SPECIFIC
propositions The from North Carolina can at
tain his whole object 10 every single word IN The
amendment, by moving TO strike out but hete Is no
rule for what he contends for, in my opinion
MIR. HAMLlN. There is another point IN this matter
to which beg leave to call the attention o. tne senator
the Chair understand that any proposition IS dlvslbe
which contains in and OF itself two or more distinct
propositions The rule rs;
II the question in debate contain several points, any
member may have the same divided" &c.
Now, understand parliamentary law, the PROPOSE
ton which is divided must contain at least Two distinct
propositions Granting that this Amendments contains
two distinct Notwithstanding that division could
take place-the question then arises, whether the amend
meni ltsei does contain Two d,snc ptG1Siho' no,
reference to this amendment, each senator VIII see al
single glance that il does not contain two distinct propo
sitions that can stand each by itself Let me read
'Hor shall any certificate for aud issued under
the provisions of this act be assgnabe In any manner
whatever"
4 That is the FIRST proposition. The second is
"And the hsirsaaw, any one Of them, or ihe widow
may time recover possession Of Lbs sad pIemises
with and profits by merely proving on the
trial the fact Of hershp or widowhood.
Now, put the question: suppose that motion 10 divide
was entertained by the Chair, and the Senate were 10
negative that first part OF the proposition, the second
one would be perfect nonsense.
i MIR BERRlEN Tin his seat) No.
4 Mr. HAMLIN Ii certainly would, because IT refers
TO The existence OF the proposition which Is rejected and
il no part OF The bill That second proposition does not
In and OF itself constitute single proposition. Now, n
the amendment contained two propositions each standing
by ITSELF should concur in The opinion oil The senator
\ from North Carolina. c,
The PRESIDENT. That is the decision OF the Chair.
i MIR HAMLIN Then | concur most fully IN the
opinion OF the Chair II the senator from North caro-
ina will look at the view have presented, u seems 10
me that he will see that there not Two distinct propo
stions IN the amendment which can stand esch py IL
self
MIR. BADGER have attended with the utmos, care
to what 4as fallen from the honorable senator from
Maine have looked with extreme cearness and iofee
Of vision upon the proposition which he has subm,led
but nothing that he has said, and nothing lna' naye
discovered by my supervision oil the proposition n ne
has Submitted, has shaken me IN the OPINION toa nave
right TO have this question divided In lne mrs, Pes,
the rule OF the Senate il, hat II question IN deoaie'
etc. Now, let pause and what ina, means
Y the question IN debate" What is The question IN
debate here II is upon this amendment written upon
these two pieces OF paper The rule applies 70 quess.
ton IN debate Is this question in debaiel Everybody
haa ham talk IA bsFa llal