Weekly national intelligencer., 1851-01-18

Ny reasons will explain to my constituents no ne0os
sary to explain them to this body s@ m
The PRESIDENT. Senators bound to vote. ITO
the Secretary.l Call the Senator from Florida. i
Mr.. YULEE. If there is rule requiring me to yo'e'
will vote in respect the Senate, but wish 70 aa'e ~ns
Mr.. HALE. Order order
M. YULEE There are resolutions pending before the
Legislature of Florida-
Mr. HALE. / call the Senator to order.
Mr.. YULEE. Then ask to be excused Hom Sotns'
and wish to state my reasons.
Mr. MANGUM The Senator can only ASK 70 DC e1-
cused from oing but he cannot indulge IN any remarks
Mr. DAVIS Of Mississippi Has not the Senator right
The PRESIDENT Yes; succnctly and briefly
Mr.. YULEE. do not think it Of much consequence
whether vote or not but will state that the Legislature OF
Florida, which is now in session. has before resolutions
which have been informed likely pass nstructng the
Senators from that any question touching
the fugitive slave law; and in Difference to that Legislature
though such instructions have not yet reached take
this course, particularly as conforms 70 my own vie" Oh
what is right and proper.
The PRESIDENT then put the question. Will the Sc
nate excuse the Senator from Florida
Before the decision announced
Mr.. MANGUM. call for the yeas and nays.
The yeas and nays were ordered.
Mr.. HAMLIN ask the Chair il this whole proceeding
is informal and Incorrect according to the parliamentary
lawi As understand the parliamentary law, member
that desires be excused from voting ask to be excused
before the voting commences While the Senate is voting
no Senator has right interrupt the Senate for the purpose
Of asking be excused presents this state Of things
While have vote yet undecided we gre asked TO vote
again by yeas and nays. The parliamentary law being as
have stated ask the Chair this whole proceeding Is not
out Of order throw the suggestion for the consdea
ton Of the Chair point Of order cannot be raised
while another is pending.
The PRESIDENT The practice of the Senate has al
ways been suffer Senators vote not TO vote when quo
rums present Whena Senator scaed he can ask to be e1
cused and the question be taken whether the Senate
viii the Senator from voting. The Chair has no al
tentative but to put the question.
Mr. BERRIEN. TO enable 10 vote understandingly
this question: out Of the chamber when the Sc
naor from Florida assigned the for not wishing to
vote, desire him to state those reasons.
Mr. YULEE. I assigned a reason why desired to
be excused from voting, that resolutions are pending before
the Legislature Of Florida which is in session, which
have reliable information will pass insucing the Senators
from that State not to vote any question touching the
fugitive slave law In Difference to the Legislature OF my
Sate-ahough such instructions have not reached meldo
wish this question, believing that course to be
in conformity with the will OF my constituents and concur
ring myself in opinion TO its propriety.
Mr. BERRIEN. am grati6ed to receive the answer OF
the Senator from Florida, it gives opportunity OF
saying that If those resolutions had actually passed his Le-
gaure should hold that in the discharge OF his duty here
member Of this body be was bound by the Injunction Of
the constitution which cannot be varied by the instructions
Of his Legislature
Mr. HALE. I wish TO be excused from voting on the
question Of excusng the Senator from Florida My
for these We have set of rules which require that
every Senator shall but the Senator from Florida wants
to be excused from voting not because there is higher
u
by-and-by and in such case confess myself undecided
which way VOTE for the present existing law the future
"higher law" therefore ask to be excused.
Mr. WALKER call for the yeas and nays on excusing
the Senator from New Hampshire
The PRESIDENT. The Chair cannot put the question
excusng the Senator from New Hampshire until the
other pending question is disposed Of The case
stands novel one, and the Chair will read the rue which
applies to such cases. The 10th rule provides that
When yeas nays shall be called for by one-6h of
the members present. each member called upon SHALL unless
for special he be BY Senate open
y and without debate his dissent the question
He must vote. Now, when the Senator called, he
had right to and ask to be excused but he remained
in his seat The Chair not bound to know that the Sc
naor his place, until his attention called to It by
the Senator from Mississippi The Senator from Florida has
asked to be excused from voting and upon that question the
yeas and nays have been ordered hence two sets OF
and nays pen ling the time This is awkward
position If the Chair had the power to regulate the matter,
he would that this could be- and that there be
two sets of yeas and nays ordered at the time.
Mr.. SEWARD. As the yeas and nays are to be had on
this question, desire TO say nrd in order that vote
may be understood implying than mean. The
rule which guides is this suppose every Senator
this floor be the Judge for himself the times and crcum
and places in which he will give his vote would
deprive any Senator Of the privilege Of being excused
from voting where he is not prepared OF when he has
delcacy about voting Therefore is ,hatI shall always voe
believe always have been willing to voe to excuse any
member from any share Of responsibility in regard to the
ton Of this body deem it question of personal courtesy
Mr.. FOOTE. do not rise to detain the Senate but
wish to my for urging the honorable Senator
from Florida to VOTE This is a upon important
question: and wish the fact to 60 out to the country and be
strkingy manifested that all agitation this subject may be
hereafter prevented.
Mr. YULEE. rise to question of order. desire to
know if this matter is open to discussion.
Mr. FOOTE. call the Senator to order for not stating
his point OF order. @e
Mr.. YULEE. will not insist the point. 4
Mr. FOOTE. would say, in conclusion that felt little
surprised and yet somewhat grateful to the honorable Sena
higher law in general though was not at all surprised
the honorable Senator from Florida and the honorable
Senator from New York harmonze well in sustaining the
general doctrine of the "higher law"
The PRESIDENT The Chair perceives the inconve-
nence resulting from this whole proceedings though the rule
seems to warrant it. The Chair WILL therefore, take il upon
himself the of the Senate, aud TO return to
where the question was and not to entertain the proposition
force the Senator from Florida to voe or to excuse him from
voting. The the proposition to lay the memorial on
the table has been taken by yeas and nays but the vote has
not vet been announced a1a
The yeas and nays been ordered excusng the Sc
nator from Florida The Senator from New Hampshire asks
be excused from voting, and the Senator from Wisconsin
asks for the yeas and nays excusing him. This multi
plying and yeas and thus having valous
questions pending at the time, which has been
done and which be done without serious nconven
The Chair therefore, thinks this whole proceeding
Irregular and the question laying the memorial
on the table,
Mr.. BALDWIN. / wish my name to be called.
The honorable Senator's called, and he voted
no." .....
Mr.. GWlN. desire my name to be called.
The honorable Senator's called, and he voted
yea"
Mr. FOOTE. Does the Chair decide that m motion To