The southern press. [volume] (Washington [D.C.]) 1850-1852, 1851-01-17

0rdere6, hence two sets Of yeas and nays are
pending at the same time This is an awkward
position. INhe Chair had the power to regulate
the matter, he would say that this could not be,
and there cannot be two sets Of yeas and nays or
dered at The same time.
Mr.. SEWARD As the yeas and nays are to
be had on this question, desire to say word in
order that my vote may not be understood as i'm
plying more than mean. The rule which guides
me IS this. suppose every senator this floor
" be the judge for himself Of the times and cir
cumstances and places in which he will give his
v9ts. would not deprive any senator Of the
privilege OF being excused from voting, where he
IL not prepared; or when he has any decacy
about voting. Therefore it is that / shall always
vote, AZ ! believe have always been willing to
vote, 70 excuse any member from any share OF re-
sponsibihty In regard TO the action 0f this body.
deem II a question Of personal courtesy
Mr. FOOfE. do not rise TO detain the Senate
butt wish 10 state NY reasons for urging the
honorable senator from Florida to vote. This is
test vote upon an important question, and wish
the fact TO go QUITO the country and be strkingly
manifested, that all agitation on this subject may
be hereafter prevented.
Mr.. YULEE. rise TO question Of order
desire to know If this matter il open to discus
Mr.. FOOTE. Icall the senator to order for not
stating his point of order
Mr.. YULEE. will insist on the point.
Mr.. FOOTE. would say, in conclusion, that
felt little surprised, and yet somewhat CRATE
| full TO the honorable senator from New Hamp-
shire, for making a speech against the .shigher
law AZ general; though was not at all surprised
TO see the honorable senator from Florida and the
honorable senator from New York harInonize so
well IN sustaining the general doctrine Of the
"higher law"
The PRESIDENT, The Chair perceives the
inconvenience resulting rom this whole proceed
ing, though the rule seems to warrant it. The
Chair will, therefore, take it upon himself to re-
trace the course of the Senate, and to return to
where the question was, and not to entertain the
proposition to force the senator from Florida to
vote, or to excuse him from voting. The vote on
the proposition to lay the memorial on the table
has been taken by yeas and nays, but the vote has
not yet been announced.
The yeasand nays have been ordered on excus-
ing the senator from Florida. The senator from
New Hampshire asks TO be excused from voting,
and the senator from Wisconsin asks for the yeas
and nays on excusng him. Thisis mutiplyingyeas
and nays on yeas and nays, thus having various
questions pending at the same time which never has
been done, and which cannot be done without seri-
GUS inconvenience. The Chair, therefore, thinks
this whoie proceeding irregular, and recurs to the
! question on laying the memorial on the table
NJ BALDWIN. wish my name TO be called
Inc honorable senator's name was called and
he voted "no."
Mr. GWlN. Idesire my name to be called.
The honorable senator's name was called, and
he voted YEA III
| Mr.. FOOTE. Does the Chair decide that nv
motion to compel the honorable senator from.
FLORIDA to vote is out of orderi
The PRESIDENT. The Chair undertakes TO
say that when the senator made the motion it was
too late to make such motion.
Mr. FooTE made it Immediately after the
vote was taken. s
The PRESIDENT If the senator wishes to
overdue the decision of the Chair, he can take an
appeal.
Mr. FOOTE. ! simply wish to state that at
tach very little Importance to this matter. and /
snouid not have urged it but for the reasons which
have before stated. The Chair and the Senate
will perceive that my motion was made at the on
~ moment when 1t could by possibility have been
made. II this sort Of contumacy be sanctioned by
me senate i have nothing to say; but will not
be the Chief prosecutor in such a matter
The PRESIDENT. The Chair decides that,
owing TO the complication Of questions. all run
ning TO different points, (though the rule would
seem 10 justify ~ after the yeas and nays have
been gone through, it was too late to call upon a
senator to vote.
called. NY "'''''
The honorable senator's name was called. and
he voted "nay"
The PRESIDENT As the senator from Mis-
ssspp. does not seem to understand the Chair. I
WIN explain what said a moment ago. 1t is too
late, after the yeas and nays have been gone
through, for any senator 10 ask to be excused
from voting; but it is not too late TO require
senator to vote, because quorum might not he
present, and senator refusing to vote might de-
feat legislation
Mr.. BUTLER. But there was quorum
The PRESIDENT. When member ia called he
is bound to vote. When his name is called he NAV
rise IN his place and ask to be excused. but il Is
100 late TO make such request after the yeas and
nays have been gone through ITO the SEcRr
rARY) Call the senator from Florida
Mr.. lULEE, rise to say that nv course
was MOI induced by any disrespect to the Senate.
IL has been practice, as every gentleman knows.
to vote or not to vote, as he pleases.
Mr.. HALE. call the senator to order.
Mr.. fULEE. do not deem it necessary 70
say any thing more
The PRESIDENT The secretary will call
the senator from Florida
The SECRETARY called the honorable senator's
name,
Mr. YULEE. have not asked it to be called. |
Mr. WIN IHKoP. presume nothing can be |
done TO compel the honorable senator to vote |
The Senate can censure HIM, however, if they |
th'nk the refusal worthy Of censure. That is the
practice of the House of Representatives They
cannot compel member to vote, but thew cen
sure HIM for not voting, if they think it worthy
of censure.
The PRESIDENT. Ito the secrearvA Call
the senator from Florida
The SECRETARY called the name of the honora-
BILE senator.
Mr.. YULEE. | do not think this matter Of
sufficient importance to make it the occasion of
any extraordinary proceeding. will therefore
vote. | wish to -
Mr.. HALE. | call the senator to order. He
cannot give the reasons for his vote when the
yeas and nays have been called
Mr. fULEE. If am not allowed to explain,
| viii not vote,
Mr. BUTLER. did not vote, so that come
under the same rule as the gentleman from Flori-
da. Nor shall vote
The PRESIDENT, Ito the Secretary) Call
the senator from South Carolina,
The Secretary called the name of the honora-
BILE senator. but he did not answer
The PRESIDENT. The presiding officer has
discharged his duty. The rule requires that sena-
tors shall vote. The attention Of the Chair was
called to the fact that the honorable senator from
Florida, and the senator from South Caro-
lima refused to vote. Il is for the Senate to take
action in relation to the matter--to pass n vote
of censure, or lei the matter rest
Mr.. FO0TE. rise to say, having thus far Of
hciated in the matter; having brought the facts
prominently to the public view, | shall leave the