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

dmeuly cspous IN It's character never having oeioie
occurred the Chair has felt bound TO decide "a conformity
with what the rule TO be. The 10th rule reads
thus . .Fs#asI.r
when tbs ysas and nays shall be called for by -h
op H BE- BY the sns de-
e.rs openly and without debate his assent or dissent I"
Each senator must in other words vote, unless ex-
cussd BY the Senate When the senator was called he
had under this rule the right 10 rise in his place and ask
TO be excused while the vote was going on The vote
wsa, through. the remaining ia his place The
Chair not bound TO know that the in bis
place until the senator from Mississippi called attention
to the fact Then the rule became imperative and he
required 10 vote. He asked 10 be excused, which
not debatable matter and the yeas and nays were
called upon It, BY having the yeas and nays upon that,
time-an awkward position II il was case which the
Chair bad the power to regulate be would rule that The
question could not be made but according to the rule u
Nj. SEWARD AS the yeas and nays are to be had
on this question desire 10 say word in order that my
vote may not be understood as implying more than
mean. The rule which guides me IS THIS suppose
every this floor TO be the Judge for himself Of
the times and circumstances, and places in which he will
give his vote would not deprive any senator OF the
privilege OF being excused from voting, where he is not
prepared, or where he has any delicacy about voting
Therefore il is that shall always vote as believe az
ways have been willing to vote, 10 excuse any member
from any share Of responsibility in regard to the action
Of this R SSdy deem i question 81 personal courtesy
the Senate but. in conformity with the example all
around me, wish simply to state my reason for urging
the senator to vote II is simply this This vote
upon an important question and wish the fact 10 go
before the country. srkngy manifested that all agita.
tion upon this subject will be hereafter prevented. Now,
Mr. YULEE rise to question Of order, whether
this question IS open TO discussion; for if il is
Mi. FOOTE. call the senator to order He has in
teTuped me 10 ask question which is not point Of
order He has stated point Of order But am nearly
done and will say, in conclusion that felt little sur
pIsed and grateful to the honorable senator from New
Hampshire for his speech against the higher law in gem
af he at ri
from Florida and the senator from New York [Mr.
SEWARD so hamonze in sustaining the general doctrine
The PRESIDENT The Chair sees the inconvenience
resulting from this course OF procedure. Although he
In, read the rule which he supposes warrant it. yet he
will take it upon himself to retrace that course. and
turn to the original question: without entertaining the
proposition brought before the Senate by the attempt 10
force the senator from Florida to vote, that having
been ordered TO be taken by and nays The
tor from New Hampshire asks to be excused from voting
upon the question OF excusng the senator from Florida
and the yeas and nays are demanded upon that Another
senator may ask to be excused from voting upon that
motions and SO we may go multiplying yeas and nays
upon various questions, all pending at the same time
which never has been done, and which cannot be done
without serious Inconvenience The Chair will under.
take, therefore, to decdeand hopes that he will be sus-
tanned BY the Senatehat the whole proceeding was ir.
regular and the question upon the original ques.
tom the yeas and nays not having been gone through
Mr.. FOOTE Does the Chair decide that the motion
The PRESIDENT. The Chair undertakes TO saw that
II was too late TO make any such motion.
NJ F0GTE Immediately after he decliaed voiing
question Of order, he can appeal TO the Senate.
Mr. FOOTE. By no means; wish merely TO under
The cha d eedes a owing
tns computation OF questions, all running TO different
points by which the business must be delayed, although
the rules would to justify the notion vet after the
yeas and nays have been gone through WITH it is too
1Mr FooTE wish merely to suggest attach no
importance Al all to this matter and should have urged
At 2. but for the have s,aied-,he Chair will
Zee plainly that made the motion at the only time a,
which 1t could possibly be made, Immediately after the
senator declined voting his being last upon the list
ths sort oil contumacy upon the Senate is to be
toned BY the body have not word TO say will no,
any senator % aoss to
destand the decision OF the Chair II TOO late for any
psson 10 ask to be excused from voting after the yeas
and nays have gone through; but it is no, too late
to require that senator shall vote, because quorum
may not BE- present without his voe and his refusal
vote may defeat all legislation Hence is that the prn
called Upon be is bound to vote After the yeas and
nAys are gone through be is bound to vote Previous 10
the call OF the yeas and nays, before the call has
late after the call has been commenced The Secretary
will call the senator from Florida.
The Secretary having called his name,
Mr. YULEE said will say ts the Senate that il was
not out OF any disrespect whatever 10 the body that de-
clned voting 1t has been practice, which every gen.
tleman knows to have been adopted for every gentleman
me, II the rules require il
Mr. HALE call the senator TO order
Mr. YULEE. ! have INDUCED in the practice my
Mr. HALE insist upon the poin, OF order
MIR fULEE | do not think it necessary to add
another remark.
The PRESIDENT The Secretary will call the sena
tor from Florida.
Mr. YULEE ] have not asked to be called
The PRESIDENT The rules require it,
Inc Secretary again called the name of Mr. YULEE,
who did not respond
Mr.. WINTHROP | presume, Mr. President that
nothing can be done excepting pass of censure
II the Senate think il worth their while That is the
course which has been passed in the House OF Represent
atyes after calling the names two or three tunes upon
Their failing to vote Nothing be DONE unless after
the vote declared the Senate fit TO censure him
Inc PRESIDENT Call the senator from Florida
again.
The Secretary having again called the name.
MT iuLEh said: Mr.. President, do no, think it a
ton and will therefore vote will however state
Mr. HALE call The senator to order He cannot
give reasons for il the yeas and nays are being called
Nj. YULEE Well, sir if no, allowed TO explain,
NJ. Butler Ifi Mr. President, did no, vo,e-r sub.
iec myself to the rule with the senator from Fori-
The PRESIDENT: The Secretary will call the sena.
tor from South Carolina
;. The Secretary called the of Mr. BUTLER, who
did not respond
The PRESIDENT. The Chair has discharged hi.
ouy Inc rule requires that senators shall vote. The
attention OF the Chair has been called 10 H. The senator
IIom SCUM Saslna expressly refuses vote The
9or from FLORIDA has been called and refuses to vote
vote oil censure, or will suffer the matter 10 req,
Mi. FOOTE. | will merely say Thai baya foIlowoa