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

piles ehor of the rsmarks be made in reference 70
ne acllen Of this body in relation TO the public
pIjutipG at the last session.
Mr-FOOTE, lin his seat Then was very
wrong. Laughter.
~ MrtHALE, will stop q great way short Of that
| / can assure the honorable senator that did not
mean on this occasion, as do not mean on any
occasion, 10 introduce any agitating subject.
think the Chair and the whole Senate will do me
the credit TO say that my course in the Senate has
always been defensive, and not aggressive in any
single case. was simply stating what thought
ought 70 be done IN regard 70 the object for which
this petition prays. SD 1TE tE1f.
| "A word more in regard 10 the general subject,
touched upon so eoquentiy by the honorsble
senator from Kentucky, and shall have done. ]
think the senator from Kentucky il totally and
entirely mistaken in the views he presents IN re-
gard 10 the abolition Of the slave trade.
Mr.. FOOTE. l call the gentleman to order
lie has right to discuss the merits Of the pro-
position the senator from Kentucky on the Pc
tltion which he has presented lie seems to be
gong now into the general merits Of the question
presented by the petitions which have been laid
before US by the honorable senator from Ken
lucky. Tits is, think altogether out OF order,
The PRESIDENT. 1t is very unpleasant for
the Chair TO be under the necessity of calling
gentlemen to order when they wander from the
subject before the Senate and speak in violation Of
the rules. The Chair will state again that on
several occasions during this session, senators
have taken the opportunity when presenting petit
tons TO make speeches on the general merits of
the propositions involved. That is contrary to
the rule. IF it is required by the Senate, the
Chair will enforce the rule and conine senator's to
a simple statement of the contents Of the memorial
or paper which they may present; and when
they so beyond that he will feel bound to call
then, to order. nisf
MIR. HALE. will not trespass on the atten-
ton of the Senate longer. will simply remark
that am the occasion Of always elicitng such a
tender regard for the rules. 1t is in order for ev
erybody else to travel over CREATION
Mr.. FOOTE. | call the senator to order f
The PRESIDENT. What motion does the
senator make f f53sH
Mr.. HALE. move to refer the petition to
the Committee on the Judiciary. ~
Mr.. WHlTCOMB. move to lay the petition
upon the table. eitaA
Mr.. HALE. ask for the yeas and nays upon
that question.
The yeas and nays were ordered. Gls
The PRESIDENT stated the question to be on
laying the petition upon the table.
Mr.. TURNEY. wish, Mr. President to say
one word upon that subject.
The PRESIDENT. 1t is not. debatable.
Mr.. TURNKEY. know it is not, but hope
may be allowed to say word by unanimous
corsent. Petitions of this description have dur
ing the present session been presented and re-
ferred.
Mr.. FOOTE. Wrongly so.
Mr.. TURNEY. see no reason why We
should depart from that practice in this case.
Mr.. MANGUM. rise for the purpose of in
quiring what is the special motioni e
The PRESIDENT. The senator from New
Hampshire presented memorial, and moved TO
refer it to the Judiciary Committee; the senator
from Indiana moved to lay the memorialup the
table, and the question is upon that motion. The
Secretary will call the loll.
The roll was then called, but several senators
present did not answer to their names.
Before the result was announced
Mr.. FOOTE rose and said: / do not wish to be
discorteous, but rather think there are some
ators in their seats who did not vote. | think we
have rule which requires that every senator
present shall vote. As this is test question,
desire that every senator should vote, that
may have full expression of the sense of the
Senate.
Mr.. YULEE. Preference is made to me will
say thatl did not vote, and that purposely alb
| stained from voting. My reasons will explain
to my constituents; it is not necessary to explain
them to this body.
| The PRESIDENT. Senators are bound to
vote. (To the Secretary Call the senator from
| Florida.
Mr. YULEE. Ifthere is rule requiring me
to vote, will vote in respect to the Senate, but
| wish to state why. Vas
Mr.. HALE. Order! order
Mr.. YULEE. There are resolutions pending
before the Legislature Of Florida-
MIR. HALE. | call the senator to order.
Mr.. YULEE. Then ask to be excused from
voting, and wish to state my reasons.
Mr.. MANGUM. The senator only ask to
be excused from voting but he cannot indulge in
remarks
MIR. DAVIS of Mississippi Has not the SEN
ator a right to state his reasons
The PRESIDENT. Yes; succinctly and briefly.
MIR. YULEE. | do not think it Of much con-
sequence whether | vote or not, but Will state
that the Legislature of Florida, which is now in
session. has cefore it resolutions, which have
been informed are likely to pass, instructing the
senators from that State not to vote on any ques-
ton touching the Fugitive slave law; and in def
erence to that legislature, though Instructions
have not reached me, | take this course, particu-
larly as 1t conforms to my own view of what IS
right and proper,
The PRESIDENT then put the question. Will
the Senate excuse the senator from FIorida'
Before the decision was announced
Mr.. MANGUM. call for the yeas and nays.
The yeas and nays were ordered.
Mr.. HAMLlN. | ask the Chair if this whole
proceeding is not informal and incorrect, according
to the parliamentary law As understand the
parliamentary law, member that desires to be
excused from voting must ask TO be excused be-
fore the voting commences, While the Senate is
voting 70 Senator has-a right to interrupt the Sen
ate tor the purpose OF asking 10 ne excused. III
presents this state of things While we have
vote yet undecided, we are asked to vote again by
yeas and nays. The parliamentary law being as
| have stated, | ask the Chair if this whole pro-
ceeding is not out Of order throw out the sug-
geston FOR the consideration of the Chair, as one
point of order cannot be raised while another is
pending.
The PRESIDENT, The practice of the Senate
has always been to suffer senator's to vote or not
to voteNvhen quorum is present. When a sem I
ator is called he ask to be excused, and the |
question can be taken whether the Senate will ex-
cuse the senator from voting. The Chair has no
alternative but to put the question.
Mr.. BERRlEN. To enable me to vote under
on this question, as was out of the
chamber when the senator from Florida assigned |
the reasons for not wishing TO vote, desire him
10 state those reasons,
Mr.. YULEE. | assigned as reason why |
desired to be excused from voting, that resolu-
tons pending before the legislature of Florida,
which is now in session, which ! have reliable in
formation will pass, instructing the senator's from
that State not to vote on any question touching
the Fugitive slave law. In Difference to the lesis-
lature OF nav Saskatchewan such instrnctions