The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-13

il cannot be received
Mo SHIELDS The senator from Kentucky has taken
an appeal IN this case the yeas and nays on that
appeal 40 for the wooden walls OF America Laugh
'" The PRESIDENT The Chap. as he has already
stated has decided that the amendment cannot be re-
ceyed in conformity with the rue and The decision o. the
Senae itself upon that very amendments lha could MOI
received m conformity with the rule II WIZ resi- win
The Senate 10 reverse this decision, il 10 bs
wrong.
oserIule Ihs scoa OF lbis body IN co~ass,ssc
The PRESIDENT Not on a question OF order An
appeal is taken from the decision OF the Char which nc
has made in conformity with that Of me SENATE nsel
The Senate will now say whether the Chair decided cor
reclly not Those who oil opinion mat the de-
cison of the Chair correct will say aye, aud those
OF contrary opinion will say no.
Mr. SHIELDS | call for the yeas and nays
The yeas and nays Were ordered. ....,
Mr. YULEE, | understand the question to be lhis
whether the opinion Of the Chair 10 be sustained OF
Mr. BELL. | merely wish to say that should dis
like very much to say that the Chair had decided wrongly
but may not the Senate vote second time TO reverse he
The PRESIDENT. The Chair will stale again that
he submitted the question 10 the Senate, whether me
rule forbade the reception o. he amsnamen anu 'hs
with that decision, could not reverse the proposilioh
Now the same amendment is offered again, and the
Chair decides in conformity with The decision Of the Sen
ate Ii is for the Senate 10 reverse lis own decision,
and say that II was wrong IN deciding that the amendment
W as out OF order. .... .M.
i
whether the Chair has acted correctly obeyng the order
OF the Senate. ... ...
Mr. CLAY understand the question to be, whether
a careless decision, given without discussion IN thn
Senate, is to stand and control the Senate. 49,.
Mr. BERRlEN The decision was not carelessly gwen
but with reflection,
the Senate whether this amendment was in order or not
under the rule adopted II there has been requslton
IRON department, then understand that il would be in
order under The rule If there has not been requson
from "A der tmpnt L
do not understand what requisilion is.
Mr. DOWNS. ] understand that this IS not tech
nicai question, whether will override the decision
of the Chair or not but whether the Senate itself may
not, reflection reconsider It's decision. wish TO
dsencumber this question OF any reference to the decs-
ion of the Chair because nobody has more difference TO
the decision of presiding officer than have. really
think i: not overriding the decision OF the Char to
reconsider our own opinion
puts the question, that he made the decision IN con
ormi,y with wha, the Senate had instructed him to do;
and therefore IL they choose to decide on one occasion
that certain proposition is out OF order, ana on an
other that is order they have The power 10 do So
Mr.. BORLAND. | understand this to be an appeal
from the decision OF the Chair, and that It is debaable
therefore desire to state why think the decision oil
the Chair is correct Under the rule, understand that
amendment be made requiring an appropriation OF
money 10 any appropriation bill unless i is accompa-
med with an estimate furnished by department, or
unless il provides for the execution OF some pre-exst
ing law and that under no circumstances can any
amendment be made providing tor private claim,
the amendment be offered In the first place, there ID
no evidence before the Senate that this comes here as
the estimate OF department; IN the next place. does
not provide for the execution OF any preexsllng law
and in the third place, | cannot understand IT to be
anything else than private calm or gratui'y to IN
dividuals.
The PRESIDENT The Chair has stated the ques.
ton and he presumss the Senate will understand
that the question is now on sustaining the decision OF
the Chair.
The yeas and nays being taken on the question: they
stood as follows
YEAS--Messrs Atchison, Badger, Berrien. Borland
Bradbury, Bright. Butler, Chase, DAVIS OF Mississippi
Dawson Dodge Wisconsin, Dodge Of Iowa, Feich, Ham
lin, Hunter, Mason, Mouon Norris, Pratt, Rhet, Sebas
tnn, Spiuance, Underwood, Upham, Walker and Whit
cumb-26
| NAYS-Mvssrs Baldwin, Bell, Clarke, Clay, Clemens
Cooper Davis Of Massachusetts, ckinson, Douglas, Downs
Ewing, Foote, Greene, Gwin, Houston, Jones, Miller
Pearce, Rantou, Rusk, Seward, Shields Smith, and
Wass-24
So the decision of the Chair sustained and the
| amendment not received $50
The amendments having been engossed, the bill wa'
read third time, and passed
(ro BE CONTINUED f..