The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-01-16

The CHAIR ruled the remarks OF the senator
from New Hampshire to be out OF order
Mr. HALE said that he glad, however, that
his remarks had elected such a tender regard Tor
the rules. He moved the petition be referred to
the Committee on the Judiciary
MIR. WHlTCOMB moved that the petition be laid
on the table.
MIR. TURNEY said that other petitions of SINH
lar character had been received and REFEREED he
thoughtthey mi ght all take the same course
Mr.. MANGUM called for the yeas and nays on
the motion, and they were ordered. Inc ron was
called, but before the vote was announced
Mr. FOOTE said that there were several Senators
present who had not voted. II there was RUE re-
during them to vote he thought they should vote
Mr. YULEE said that if the ausion was to him,
he had merely to state that he had not voted, and
for purpose.
Mr. F0oTE said that this was test question
whether agitation was TO be put down or not, ana
he insisted on every one voting,
Mr.. YULEE said that he would state the reasons
why he had not voted.
Mr. HALE called the Senator to order.
Mr. YULEE desired to state his reasons, but OBJ
lcctions were made IN several quarters
MIR. DAVIS, of Mississippi, said that he thought
the Senator from Florida should be allowed to state
his reasons for not voting.
Mr.. YULEE then asked to be excused from
voting ON this motion; and, after many objections,
he was allowed to proceed. He sand that ne was IN
his seat " hen his name was called, and mad not
voted because there were resolutions now pending
before the Legislature of Florida instructing the
Senators in Congress from that State not tovote
any question relating to the Fugitive Slave law
Mr.. MANG UNI asked for the yeas and nays on
excusing the Senator from Florida from voting;
and they ordered.
Mr.. HAMLIN suggested that this whole pro-
ceeding was irregular and out OF order No ques-
ton could be taken while the Senate was voting.
motion TO be excused from voting could not be
entertained at this time; il should be made before
the Senate commences TO vote. The motion now
made was that of n question being taken while an
other was being taken. II would be vote within
vote.
Mr.. BERRIEN said that he had boen momenta.
rily called out of the Senate and had not heard the
reason for not voting stated by the Senator from
Florida; he would be glad If the Senator would re-
peat it.
Mr.. YULEE repeated his reason for not voting.
Mr.. FOOTE said that they wanted the vote of
the Senator to aid in putting down agitation
MIR. BERRlEN was understood TO say that, even
if the resolutions of instructions had been passed by
the Legislature of Florida, he did not think the
Senator could decline performing his duty as Sen
ator imposed upon him by the Constitution OF the
United States, on the ground that he was instructed
not to do go by the resolutions of his Legislature.
Mr. HALE asked TO be excused from voting on
the motion to excuse the Senator from Florida.
There q law i'll force requiring every Sen
ator to vote and he was not prepared to say he would
vote TO enforce the present law to wait the arri
val of the .'higher law" from Florida.
Mr. SEWARD was understood as saying that he
conceded TO every one the right 10 judge for him
self upon the propriety of his own voting; and he
would vote TO excuse any man from voting when
that man did not deem proper to do so.
Mr.. FOOTE said that he considered this test
question, and that every one should vote upon 1t.
He was glad of the rcbuke administered 10 the
'higher law principle by the Senator from New
Hampshire. He was, however, little surprised to
how we'll the Senator from New York (Mr.
SEwARp) and the Senator from Florida harmo-
nized on the general doctrine of "higher law"
The CHAIR decided that the proceeding and de-
bate was irregular No motion TO be excused could
be entertained after the roll had been called; nor
n ~ Dn "A II
time. If ii were otherwise, motions could be null
tipied; and the Senator from New Hampshire
had already made motion TO be excused from
voting on excusing the Senator from Florida, SO
another Senator could ask to be excused from voting
on that motion. In this way there would be no end
to the matter. He therefore ruled the motion of
the Senator from Florida to be excused from voting
to be out of ORDER and consequently the motion OF
the Senator from New Hampshire.
Mr.. Y ULEE said the constant practice of the
Senate had been for Senators to vote not they
thought proper.
Mr.. HALE called the Senator to order.
The CHAIR directed the Secretary TO call the
name of the Senator from Florida.
The SECRETARY called the name of Mr.. YULEE
twice, and there no response
The CHAIR said the matter was now for the Sen
ate TO determine upon.
Mr.. WINTHROP said that nothing further could
be done. The practice in the House had been to
call the member two three times, and if he re-
fused TO answer nothing further done till after
the vote was announced 1t was then matter for
the House 10 act upon, in the way of censurc upon
the member refusing TO vote.
Several Senators who had not voted recorded
their names
Mr. BUTLER said that he had not voted He was
therefore in the came position as the Senator from
Florida. He did not intend to vote.
The CHAIR said that, being informed that the
Senator from South Carolina had not voted, il was
his duty TO enforce the rule. lie directed the Sec
rotary 10 call the name of the Senator from South
Carolina.
The SECRETARY called the name of Mr.. BUTLER,
but he did not respond.
The vote was then announced, as follows:
IEAS-Messrs. Atchison Bell, Berrien, Borland,
Bradbury Cas-, Clay, Clemens Davis, of Mssis-
sippi, Dawson, Dickinson, Dodge, of Iowa, Doug
las, Downs, Fetch, Foote, Gwin, Houston, Hunter,
Jones, King, Mangun, Mason, Morton, Norris,
Spruance, Underwood, Wales, and Wnitcomb-35.
NAYS-Messrs Baldwin, Benton, Chase, Cooper,
Davis, OF Massachusetts, Dayton, Dodge, Of Wis
consin, Ewing, Hale, Harnlin, Miller, Seward,
Smith, Upham, Walker, and Winthrop-l6.
SO the petition was laid on the table.
Mr. SEWARD presented the petition of FIVE hun
dred citizens OF Hudson, in the State of New York,
praying the immediate repeal of the Fugitive Slave
law. lie moved its reference to the Committee ON
the Judiciary.
Mr.. MANG UNI moved to lay the motion TO refer
on the table; which was agreed to without count.
RATIoNs OF NAVAL SURGEONS.
Mr.. DICKINSON gave notice Of joint resolu-
ton giving to surgeons of the navy for land SER
cal officers of the army.
GAS LIGHTS AND POLICE FOR WASHINGTON CITY.
Mr.. UNDERWOOD presented memorial,
signed by three hundred and fifty citizens of the
First Ward, in Washington city, praying the estab-
ishment of gas lights from fifteenth street to
Georgetown. Also to rcorganize the present aux
iliary guard, by increasing their numbers, TO
BILE them TO do efficient services that the city be
divided into districts, apportoning given mum
Der 70 each district. whose duty it shall be to at
tend to the district to which they may be assigned
regularly every night, and that the appointment
be made Immediately by the Government
The petition referred to the Committee on
the District Of Columbia.
COLLECTION DISTRICT IN OREGON.
Mr.. HAMLIN, from the Committee on Com
merce, reported bill to create an additional col
lection district in Oregon.
THE KosCGUsco Gaze.
Mr.. BUTLER, from the Committee on the Ju-
dietary, reported back the bill to authorize q
change Of venue in certain cases, with a recon-
mendaton that the amendment of the House be
not agreed to- The amendment made by the
House was to confne the change Of venue to the
cases in which the heirs of Kosciusko were CON
ccrned
PRIVATE BILLS.
Mr.. FOOTE, from the Comm ittee on Foreign