MR. GWIN. I insist upon the application of the decision of the
Chair.
MR. MASON (of Virginia). Mr. President, there is one rule of
order that is undoubted: that, when the Chair is stating a question of
order, he must not be interrupted by a Senator. There is no question
about that rule of order.
THE PRESIDING OFFICER. The Senator 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! order!
MR. MASON. The Senator is doing that very thing at this
moment. I am endeavoring to sustain the authority of the Chair, which
certainly has been violated.
[133] Nothing is clearer, under the rules of the Senate, than
that Mr. Sumner was in order, when, on introducing his bill, he
proceeded to state the causes for doing it.
THE PRESIDING OFFICER. It is the opinion of the Chair that the
debate is out of order. I am not precisely informed of what the rule
is; but such is my clear impression.
MR. WALKER (of Wisconsin). If the Senator from Massachusetts
will allow me, I will say a word here.
MR. SUMNER. Certainly.
MR. WALKER. It is usual, upon notice being given of intention,
to ask leave to introduce a bill. The bill is sent to the Chair, and it
is taken as a matter of course that the Senator asking it has leave.
But in this instance, differing from the usual practice, objection
has been made to leave being granted. The necessity is imposed, then,
of taking the sense of the Senate on granting leave to the Senator to
introduce his bill. That, then, becomes the question. The question for
the Chair to put is, Shall the Senator have leave?
THE PRESIDING OFFICER. That was the question proposed.
MR. WALKER. Now, Sir, it does seem to me that it is proper,
and that it is in order, for the Senator to address himself to the
Senate, with the view of showing the propriety of granting the leave
asked for. He has a right to show that there would be propriety on the
part of the Senate in granting the leave. I think, therefore, as this
may become a precedent in future in regard to other matters, that it
should be settled with some degree of deliberation.
MR. GWIN. Let the Chair decide the question.
THE PRESIDING OFFICER. The Chair has decided that debate was
not in order, in his opinion.
MR. SUMNER. From that decision of the Chair I most
respectfully take an appeal.
THE PRESIDING OFFICER. From that ruling of the Chair an appeal
is taken by the Senator from Massachusetts. The question is on the
appeal.
MR. BENJAMIN. In order to put a stop to the whole debate, I
move to lay the appeal on the table. That is a motion which is not
debatable.
MR. SUMNER. Is that motion in order?