The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-16


that course n the Senate has been always in the de-
fensiye-that have not been aggressive upon any one
be done in regard TO this petition.
And now let me say single word in regard TO the
general subject eoqueny touched upon by the sena-
tor from Kentucky and will have done think that
the from Kentucky is totally and entirely mis-.
taken in the views which he presents TO the proper
remedy for the abolition Of the slave trade In this
Mr.. FOOrE, | call the gentleman to order. He has
no right TO discuss that particular prOpostien upon
proposition made by himself He is now going into
senator from Kentucky, with only few such remarks
as understand the Chair 10 decide this morning were
80 into general discussion Of the merits Of petition
The The PRESIDENT I'is very unpleasant to the Chair
have frequently to call the attention of senators TO the
rules which should govern their action. The Chair will
again that several occasions during ths sssson
s .s
question. That is contrary to the rule, which, as the
subject OF the petition; and to 20 beyond that il of
| order. .a.
Mr.. HALE will not trespass upon the Senate any
longer Twill simply remark that feel myself happy in
being the occasion OF eci,ng always such tender re-
gard for the rules for is in order for everybody else to
travel all over creation, but am to be called to order
Mr. FoofE cali the senator to order. lLaushter,l
He is now rePmandng the Chair, who decided that he
Mr.. HALE: Well. then. l will present the petition
The PRESIDENT What disposition does the senator
wish with regard to it? l..r....5
Mr.. HALE. move that it be referred to the Commit
Mr. WHlTcoMfB WI move to lay the petition upon
MI HALE Upon the question call for the yeas and
nays. Isst
Ths sSFy yfns pa pe.as accordingly ys ordered
Several SENATORS. Not debatable HT.
The PRESIDENT The motion is to lay upon the
Mr.. TURNEY By unanimous consent presume
may have the privilege of saying that petitions of this
description have been received and referred at the present
Mr. FooTE; And wrongly Now. sir if discus
sion IS to be allowed r
Mr. HALE HALE, call the senator to order, lLaughser.l
Mr: MANGUM. l rise for the purpose of inqurng
what is the specific motion before the Senate fF
The PRESIDENT The motion of the senator from
Indiana TO lay the memorial upon the table.
Mr.. FooTE Is not to lay upon the table the mo-
The PRESIDENT. 1t is to lay the memorial itself
The yeas and nays then called and having been
! Mr.. FOOTE said: | do not wish to be dscoursous
Mr. President but think senators in their seats
Mr. YULEE. If the reference of the senator is to me-
did not vote; and did not vote for purpose. My i.
reasons will explain TO my constituents IT. is not ne
cessary that they should be given to this body.
Mr. FOOTE. raise the question OF order that
tors bound TO vote We entitled TO the senator's
aid TO put down agitation, and claim it. f. r.s@ s5
| Mr. YULEE II there is rule requiring me to vote,
| will vote; and will state why did not vote when
my called. There are resolutions pending be-
fore the Florida legislature, which
Mr.. HALE. call the senator 10 order e
MIR. fULEE Then. sir, | ask to be excused from
voting; and will state the reasons why wish to be ex
Mr.. MANGUM. | rise 10 point OF order think
the senator has right to do than to ask to be
cused lie cannot indulge in any other remarks 1t is
Mr.. DAVIS, OF Mississippi. Has not the senator
right to sI!s ms for asking to Be excused
Mr.. DAVIS. Then | hope he will exercise that
right.
Mr.. YULEE. do no, think it of much importance
whether vote or not But will state my reasons. The
legislature OF Florida, session. have before them
resolutions which. am informed, likely pass that
body, nstrucng the senators from that Stale
upon any question touching the fugitive slave law. In
Difference 10 that legislature, although those resolutions
have not reached instructions prefer 10 take tina,
course and will add, that it is consistent with my
own opinion as 10 what II is proper 10 do.
The question was then stated upon excusng the sen
Mr. MANGUM demanded the yeas and nays upon that
question, which were ordered. #.E
Mr. HAMLIN. Mr.: President, ask the opinion Of
the Chair whether all this proceeding not informal and
incorrect, according to parliamentary law The Senate
universally acquiesced in listening to the suggestions OF
the senator from Florida As understand the parliament
ary law senator who desires to be excused from voting
must ask to be excused before the voting commences
But when the Senate is voting senator can interrupt
for the purpose OF asking TO be excused presents
this stale OF things While voting, and the
yet undecided asked 10 vote BY the yeas
nays the former vote being undecided That being
the law by which the body governed understand
it, ask the Chair If this whole proceeding is not out of
order make the suggestion for the consideration OF the
Chairas one question oil order cannot be made upon
another.
The PRESIDENT The practice OF the Senate has
been always 10 suffer senators, without question: either to
vote 10 vote, when quorum was present But
when senator is called upon, II he asks 10 be excused
the question then be taken whether the Senate Will
excuse him, although the vote not have been gone
thfosgh When the vote gone through, and the al
enon of the Chair is called to the fact that senator
voted If he asks 10 be excused OF course that
question is to be taken also The Char has no aterna-
i've but 10 put the question The question is upon
cusng the senator from Florida from voting upon the
motion TO lay this memorial upon the table. - A
MIR BERRlEN To enable me TO vote understandingly--
was called Of the chamber desire TO be informed
what the assigned by the from flor
la for being excused from voting II any reason has
been assigned by him, ask TO be informed what that
reason is,
Nj. YULEE | will state again my reasons Resolu.
tons OF instruction pending before the legislature Of
Florida, now in session, which | have reliable inorma-
ton will pass that body, and which conform to the views
OF the majority OF that body, nsructng the senators
from that State not TO vote upon any question touching
the fugItivesave law in this body In Difference to the
legislature of the State OF Florida, although those IN
s,ruciions have reached me- obedience TO
that course, believing il be conformity with the Will
OF my State, and concurrng in opinion with the views
thus expressed.
Mr. BERRlEN. | grati6ed to receive the answer
from the senator from Florida, il affords me the OPP
pouniy saying that If those resolutions had actually
passed his legislature should hold that in the discharge
OF his duty here member OF this body, ne was bound
by the injunction OF the constitution, which could not be