The republic., 1851-02-15
THIRTY-FIRST CONGRESS.
SECOND SESSION.
FRrDAr. FssRuARv ID, 1851.
SENATE.

SENATE.
The CHAIR laid before the Senate message
from the President, enclosing, in compliance with
resolution Of the Senate, copies OF all correspond
ence between the United States and Spanish au-
thorites relative to claims arising out Of the Am
istad case. Ordered to be printed
The CHAIR also laid before the Senate the annual
report of the Commissioner Of Patents, of the bust
ness ofthc Office, &c Ordered to be printed.
FUGITIVE SLAVE LAW. satfs
Mr.. HAMLIN presented petition from Bangor
Maine, praying a repeal of the Fugitive Slave law
Mr.. SEWARD presented petition praying that
trial by jury be extended to those who may be
arrested as fugitives from service and labor.
srKAMERs roA THE MsDrrEnnANEAN.
MIR. SOULE, from the Committee on Commerce,
reported bill authorizing the Secretary OF the
Navy to enter into contract for a line Of steamers
to ply monthly between Norfolk and New Orleans
to Gibraltar, and ports on the Mediterranean.
PUBLIC LANDS IN OHIO.
Mr.. CHASE introduced bill providing for the
cesson 10 Ohio of the remainder Of the public lands
remaining unsold in that State.
MISSOURI AND THE TWO CENT. FUND.
Mr. BENTON, pursuant to notice, asked leave to
introduce bill to make good to the State Of Mis
souri, the two per cent. fund heretofore reserved
sales Of public lands in that State
He said that this was the same bill which
had been rejected by the Senate some time
since. 1t was usual, and it was just that upon
good cause being shown, courts OF justice would
grant q new hearing to a case decided lie
thought that he could show good cause why this
bill should again be examined, although he was
aware that bill once rejected could not again
be introduced, according to parliamentary law,
but he thought that in this he could show
that this bill should be again considered. When it
was before the Senate, there was but one Senator
who spoke against it. He would now read some
extracts from speeches made by that Senator, which
speeches were strongly the side Of the bill. II
he could thus have in favor Of the bill the speeches
of the only Senator who spoke against it, he thought
the bill should be received by the Senate. MIR. b.
then commenced reading extracts from speech OF
Mr.. CLAY, made in the House of Representatives in
1926 to show that that Senator then understood the
road, for the construction of which this two per
centum was reserved, was to be made to the line
of Missouri. and not in the direction Of Missouri.
Mr.. FOOTE raised the question Of order that il
not in order to discuss the merits of the bill
upon the motion to obtain leave.
The CHAIR decided that it was not in order to
speak upon the merits of the bill until leave to intro
MIR. BENTON said that he understood that the
decisions of the Senate had been directly the re-
verse Of what was now the decision of the Chair.
When he introduced his bill against the United
States Bank, he made most elaborate argument
and speech againstthe bank, upon the mere motion
TO obtain leave
The CHAIR repeated his decision.
MIR. WALKER suggested that the Senator be al
Mr.. FOoTE said that he must object to any
speech the merits of this bill at this time, be-
cause response could be allowed
The CHAIR ruled that the Senator must confne
his remarks to a statement Of the substance of his
bill, which was allowed, in order that the Senate
might judge whether it should be introduced or
not.
MIR. BENTON said that he would do what he had
done repeatedly before. what he had done at this
session half dozen times, or he would do nothing.
He would exercise all his rights or none. He
would not suffer his rights to be mutilated
Mr. WALKER again suggested that it was in
order for him to move that the Senator be allowed
Mr.. FOOTE said that he would make no opposi-
ton to debate, provided an opportunity was af
forded others toTeply
sation upon the propriety Of motion allowing the
Senator from Missouri to proceed and show cause
why the bill should be introduced.
The CHAIR read from the parliamentary law
at the same session; alec, that upon motion for
leave to introduce a bill, statement of its sub
stance only shall be made.
Mr.. BENTON said that what the Chair had read
was from the parliamentary law, and not from the
rules of the Senate.
The CHAIR suggested that it was his duty to en-
force "a law as well the S.Ser Eqss the
Senate could give the leave asked the bill having
, once been rejected.
The CHAIR said that it was in the power Of the
Senate to grant the leave to introduce the bill.
But the Chair had decided that until that leave
granted, the Senator must confinc his remarks to
statement of the substance Of the bill. Until leave
was granted, and the bill introduced there was
bill before the Senate.
MIR. DAVIS, Of Mississippi, expressed hope that
the Senator would be allowed to proceed.
Mr.. UPHAM said that be would consent to the
than the present. This was a day set apart for
the consideration of private bills, and he hoped the
Senate would take up the calendar
Mr.. BENTON repeated his remarks upon the
distinction between the parliamentary law and the
rules of the Senate. The latter were imperative;
the former was to be judged Of by the Senate.
MIR. DAVIS, of Mississippi, moved that the Sen
QtOr be allowed to proceed,
The CHAIR stated the motion to be, that the
Senator from Missouri be allowed to proceed to
state his reasons why the parliamentary law should
not be enforced in this case.
Mr.. DAWSON said that il the motion to
suspend or repeal the parliamentary law, he de-
sired to move amendment.
Mr.. DAVIS, of Mississippi, said he had made no
motion to suspend or repeal the parliamentary law.
He had moved to allow the Senator TO proceed in
showing why he should be allowed to introduce
The CHAIR requested that the motion be put in
MIR. DAVIS submitted the following motion:
"Rssolued, That the Senator from Missouri have
leave to proceed to show cause why he be permit
ted to Introduce the bill of which he has given
notice"
Mr.. DAWSON moved to add to this motion.
"and that every other Senator have the right of
being heard in reply or support Of the notion
Mr.; DODGE, Of Iowa, and Mr.. FOOTE contin-
ued the debate.
The amendment then adopted-ayes 80. noes
Mr.. UNDERWOOD moved to lay the motion on
the table.
Mr.. BENTON asked whether if the motion to lie
on the table prevailed, the motion for leave went
with it?
The CHAIR responded in the negative.
The motion to lay the resolution amended on
the table was then lost-yeas l6, nays 32-as fol-
lows:
YEAS.-Messrs Badger, Berrien, Borland, But
Ter, Dawson, Dayton, Downs, Ewing, Foote, King,
Morton, Pearce, Phelps, Spruancc, Underwood,
and Upham-l6.
NAYS.-Messrs Atchison, Baldwin, Benton
Bradbury, Cass Chase, Davis Of Massachusetts,,
Davis of Mississippi, Dickinson, Dodge Of Wis
consin, Dodge Of Iowa, Douglas, Felch, Gwin,
Hamhn, Houston, Hunter, Jones, Mason, Norris,
Rhett. Rusk Seward, Shields, Smith, Soule, Stur
geon, Turney, Wales, Walker, Whitcomb, and
Yulee-32.
The question recurring on the adoption of the
solution, II was decided in the afiirmative-yeas
-, nays l4-as follows:
YEAS.-Mcssrs. Atchison. Baldwin Rradhnru