The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-04-01

Mr. BADGER An appeal must be aken immedi-
a PREspSG y IS Gs essifI ocER Ths Chair will
Mr. DAWSON / know that my friend from Della.
is rule ;biding and Law abiding nan, The de-
cson OF the Char was announced TO the body and tie
and nays were then called for and ordered upon the
amendment Now. how can you. at this late stage, ap
peal from the decision of the Charl The appeal OF the
senator was after the Yeas and nays had been ordered
The merits OF the original proposition. Can you 60 be-
hind The yeas and nays 81
Mr. BRIGHT appfehend tha, the objection to the
appeal late for the Chair has already decided that
he enierains the appeal. .e#.U .t.
Mr.. BADGER. Then. appeal from that decision.
, Mr. BRIGHT. have no disposition 10 enter at
rules, aud while they in force they ought TO be ad
hefed 10. The 30ih rule either something or ii
means nothing II i means anything. il covers just the
character OF claim presented in this amendment and ex
elades H. This is nothing less than private
claim II is to pay unadjnsled, scattered claims belong
ing TO persons OF whom we know bat httle and even
the subject discussed here and thoroughly under
could be attached this bill The authority for that
statement Is to be found in the role which hold III my
hand, aud which is in these words # ..s.
{" No amendment proposing additional appropriations
shall be received TO any general appropriation biz unless
0e made 70 out the provisions OF some existing law
dnrGB that session moved by direction o standing
conlee OF the Senate or in pursaance OF an estimate
from pe bead OF OF the departments and no amend
ment shaii be received whose object is TO provide for
prvse claim although the may have been previous
Now. il this be no, private claim, should like 10
know what II is lie, gentlemen who viIdicae il state
what character OF claim II is
The PRESIDING OFFICER The question is, ''Shali
the decision OF The Chair stand as the Judgment OF
Senate -
Mr. CHARLTON. Which decision The last one
allowing me appeal, or the on the amendment!
The PRESIDING OFFICER. The Chair has decided
the amendment TO beio orter and from that decision
appeal has been taken, and the question is upon the a
peal
Mr. MANGUM II the Chair has, without due re-
aecon, entertained appeal, aud it it can be shown
that II has been unadvsedy entertained hope the Chair
will refuse further to consider IL. The decision
nounced, debate ensued upon ii-ater that there
uon ci the Senate IN ordering The yeas and nays; and
when gentleman saw from the indications of the senh
ment OF the body that the claim likely TO pass the
Senate, the question OF order raised by appeal
Was not too late Tor that! Has there been an
quescencenot only acquiescence by debate conlnu.
ing Tor some tme but afterwards by intervening action
OF The Senate by ordeIlng the yeas and nays think
this clear and The Chair has unadvsedy entertained
the appeal, which appiehend be has done from
OF modesy and respect to the body hope be will
that decision, and refuse 10 entertain II.
The PRESIDING OFFICER. According TO the rec
objection OF The Chair, the debate was something inter-
locutoy and Irregular, and mostly confined 10 the very
point OF order which is involved, rather 10 the ques-
uon whether or not the amendment in order. The
Char Is not inclined TO consius that into acquiescence
IN the decision, TO induce him To refuse
an appeal, ana especially appeal from his decis-
ion He en,erans the appeal and submits the question
to the Senate, whether his decision sbs stand their
judgment.
MIR BAYARD. On that question ask for Ire yeas
and nays.
The yeas and nays were ordered.
Mr.. RUSk. The advocates OF this claim do press
it, and they have al various times pressed it, two diff
ferent grounds. In the first place, have law known
as the Indian inlercosrse law; and although this
does not come within the letter OF that law because the
law Is partial IN It's operations extending only TO the ter
niofy west OF The Mississippi sill under the principles
OF II, applying them 10 this case the claimants would
come IN, and be entitled but the other hand II
"A
war between the United States and these Creek Indians
Mr.. BADGER wish 10 remind my friend from Texas
that the question Is on the appeal
MIR. RUSK know that; and II | an no, quite as
logical the honorable senator from North Carolina or
quite quick at getting al the point, hope he will
Mr. BADGER. lie, US sustain the decision OF the
Chair
Mr. RUSK. | wish TO do that, and wish TO show
substantial reason for it, Ii is asserted in opposition
the caim that these Indians and the United States
IN state OF war. Then you have upon your statute
book law BY which, II in state of war; properly is de-
sroyed IN consequence OF its occupation by the troops OF
the United States the government is bound 10 pay for
and you decide every day Then, under this provis.
ion, II would come under the principles OF the general
law. But IN addition 10 that, these claims made
some years ago. commission was then authorized by
law TO ascertain their amount; that IT does
within the meaning OF private claim as laid down by
The rule because there has been investigation and
poft and the object is simply 10 carry ost the report,
under the spirit and principles OF the Indian intercourse
law.
the judgment Of the Senate " being taken by yeas and
nays, 1t decided 10 The negatve-yeas 10, nays IA
as follows;
YEAsMessrs Atohison, Badger. Bell Borlsnd Char,on
Cooper Dawson, Desaussure Fzpauiok, Foot, Hooston,
Mallory Msngum, Morton Phelps, Rusk, Sebastian, Spru-
ance, aud Weiler-l9.
Chase, Clarke. Davis, Downs, Felch, Hante Miller Nor
us Pearce, Peit, Prau Smith, Sumner, Toucey, Under.
wood, Wade, and Wslker--2e
So the decision OF the Chair overruled, and the
amendment decided not TO be in order.
The bill was then reported 10 the Senate as amended,
and the amendments made in committee OF the whole
were conoured in.
ROUTE
Mr DODGE, OF Iowa, by unanimous consent, made
the following report;
The managers appointed by The Senate and House Of
epeseniaves on the dsagteeng votes OF the two houses
on he oil TO establish certain postoads hav. met and al
ter fall and free conference, have agreed ss follows
ihat the Houte TO the Jurth amendment OF the
SENATE with the following amendment
" strike out all OF the said amendment after the word
Ohio In the fifth line, and insert commission on
all malabe mater distributed their offices
Is allowed by Jaw 70 the postmaster. Of other distributing
noes sad nowance 10 date from the first day Of June,
That the House agree the fhh amendment of the SEN
ate, with the following amendment
Strike out all after the word Senate in the fifth
line" -
The report was concuued in.
OFFICE APPROPRIATION BILL
Mr.. RUSK ask the unanimous consent pending The
indian appropriation BILL TO make report from the com
m,tee Of conference the dsagreeng votes of the two
houses the bill Of the House making approprs,ion.
for the support Of the Post Office Department or The fiscal
year ending June 30, 1854
No objection being made the report was received and
is as follows;