The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-08-31

case came mp. Now, want to know if the mrs
amendment has been acted upon :,
The PRESIDING OFFICER. Yes, nr \
! was adopted Do understand the Senator
from Massachusetts that be desired 70 take ~
appeal
i Mr.. SUMNER. / do not presume TO take an
appeal from, the decision of the Chsir, though
do respectfully submit to the Chair that, accord
ing to the practice of the Senate, an amend
ment like that now proposed, to new seouon
of pending bill, is not out of order; and ! SUD-
NIT, further, that the proposition which now
! make, for the repeal of the Fugitive Act, Is en-
tirely eermane to that on which she Senate has
4 Just voted. In coupling the Batchelder ball
with the other the Senate itself has prepared
the way for nv proposition.
| Mr.. SEWARD. The Senator from M ASA,
i ohusetts think, does not understand the ground
on which the decision is put. The Char de-
cides that it is out of order, because IL Is 90
amendment to an amendment--
THE PRESIDING OFFICER. No, sir; not
because il is an amendment to an amendment
/ but generally. As far as that is concerned, 1t
!. would be in order; but it is on the ground that
the Senator from Massachusetts
MIR. SUMNER. Do | understand that the
Chair decides that the proposition l have sub
mitted is out of order.
The PRESIDING OFFICER. Yes, Sir.
| Mr.: SUMNER Inasmuch as it relates to Q
matter of public legislation, and not to private
claim, do not understand the ground OF the
decision Of the Chair.
The PRESIDING OFFICER. The motion
is to amend the bill which is now pending BY
proposition to repeal the Fugitive Slave Law
4 The Chair does not consider that proposition
| n
under the parliamentary law. 1t is not prop
osition germane, as it seems to me- to the bill
that is now under consideration. IL is not ad-
missible.
MIR SUMNER. The Senate has already de-
cided that q proposition to grant bounty
MIR. SLIDELL. / rise TO question of order.
The Senator from Massachusetts, cannot address
the Chair in relation to the point OF order. 1t
The PRESIDING OFFICER. He has ap-
pesled, as understand.
SEVERAL SENATOR'S. de hss not
The PRESIDING OFFICER. Then nothing
| is before the Senate on that point.
[Some remarks not connected with our sub
The PRESIDING OFFICER. The ques-
ton now is upon ordering the amendment to
be engrossad and the bill, as amended, to be
read third time.
Mr.. SUMNER called for the yeas and nays,
and they were taken, as follows:
YEAs-Messrs Adams, Atchison, Bayard,
Bell, Benjamin, Brodhead, Brown, Butler Case,
Clay, Cooper, Dawson, Dodge of Iowa, Evans,
Fitzpatrick, Geyer, Gwin, Houston, Hunter,
Johnson, Jones of Iowa, Jones Of Tennessee,
Mallory, Mason Morton, Norris, Pearce, Pet
tit, Pratt Rusk, Sebastian, Slidell, Thompson
Of Kentucky, Thomson of New Jersey, Toombs,
Toucey, and Weller-37.
NAYs-Messrs. Bright Chase, Fessenden,
Fish, Foot Gillette, Rockwell, Seward, Stuart,
Sumner, Wade, and Walker-l2
Mr.. SUMNER. In pursuance of notice,
ask leave to introduce bill, which now send
to the table.
Mr. STUART Is that 10 order2
Mr. SUMNER. Why not
Mr. BENJAMIN There is a pending mo-
ton Of the Senator from Michigan, to take up
the River and Harbor BILL
The PRESIDING OFFICER. That motion
was not entertained, because the Senator from
Massachusetts had and has the floor.
Mr.. STUART. make the motion now.
The PRESIDING OFFICER. The Chair
thinks it is in order to give the notice.
Mr.. SUMNER. Notice has been given,
and | now, in pursuance of notice, introduce
the bill. Tbs question is on it's first reading.
The PRESIDING OFFICER. The first
reading of bill
| Mr.. NORRIS. l rise to question of order.
Mr.. SUMNER. | believe have the floor.
Mr.. NORRIS. But l rise to question Of
order. | submit that that is not the question
| The Senator from Massachusetts has given no.
tice that he would ask leave to introduce a
bill He now asks that leave. IF there DO
/ oh ha h. 1oH brvk H.
| Senate, WHISTLER BIO shall have leave or not.
Objection is made and the bill cannot be read.
Mr.. SUMNER. Very well; the first ques.
ton, then, is on granting leave, end the title
of the bill will be read.
The PRESIDING OFFICER, Ito the Soorc-
tary.) Read the title.
The Secretary read H. as follows /" A bill
to repeal the act of Congress approved Sep
tember 1S, 1850, for the surrender Of fugitiyes
from service or lsbor.n
The PRESIDING OFFICER. The ques-
ton ia on granting leave to introduce the bill.
Mr.. SUMNER. And / have the floor
The PRESIDING OFFICER. The Sena-
tor from Massachusetts is entitled to the floor
| Mr.. SUMNER. | shall not occupy much
time; nor shall debate the bill Some time
| ago, Mr.. President, after tho presentation of
the memorial from Boston, signed by twenty.
party, gave notice that I should, at some day
thereafter, ask leave to introduce bill for the
repeal OF the Fugitive Slave Act. DESTROYS,
however, not to proceed in that matter prema-
turely, awaited the action of the Committee
On the Judiciary, to which the memorial, and
others Of q similar character, referred Al
length, an adverse report was made, and ac-
cepted BY the Senate. From the time of that
report down to this moment have sought an
opportunity 70 introduce this BILL Now, al
last have it. AT former session, sir, in In
Producing similar proposition, l considered il
at length, in an argument which fearlessly as
sert-
Mr.. GWIN. 1 rise to point of order. Has
I the Sen tor right to debate the question, or
say anything on it, until leave be grantedt
The PRESIDING OFFICER. My impress
sion is, that the question is not debatable.
i Mr.. SUMNER. propose simply to explain
my bill; TO make q statement, not an ergu-
ment.
MIR. GWIN. / make the point of order.
The PRESIDING OFFICER. | am not
aware precisely of what the rule of order on
the subject is; but have the impression that
the Senate cannot debate
MIR. SUMNER. The distinction is this
| Mir. GWIN. | insist upon the application
Of the decision of the Chair.
Mr.. MASON. Mr.. President there is one
rule of order that is undoubted: that when
the Chair is stating question of order, he
must not be Interrupted by Senator. There
lie no question about that rule of order
The PRESIDING OFFICER. The Sena,
tor did not interrupt the Chair.
Mr.. SUMNER. The Chair does me justice
in response to the injustice of the Senator from
Virginia
| The PRESIDING OFFICER. Order, or