The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-06
IN SENATE.
a15


Hon. JOHN TYLER, the President elect presiding
After reading Of Journal, of yesterday,
Mr.. RIvES presented the credentials of his col
league, Hon. Nm s. ARCHER, elected Senator from
Virginia for six years from 4th March, lS4I
Mr.. ARCHER was then duly qualified, and took
his seat.
Mr.. HUNTINGTON offered the following reso-
ltion:
Resoiped, That committee be appointed to wait on
inc PRESIDENT OF the United States, and notify him
That the Senate is assembled and il ready to receive
any communications he may be pleased to make 10
them.
Which, on motion of Mr. H. was adopted And
Messrs. Huntington and Preston appointed by the
President to constitute that committee
PRINTER TO THE SENATE.
Mr.. MANGUM moved that the resolution which
he yesterday had the honor of introducing, be taken
up, viz;
Resolved, That Blair and Ryes be dismissed as
printers of the Senate for the 9th Congress
Mr.. ALLEN, of Ohio, said there appeared pre-
Hminary question-whether it in order to enter
tain the resolution at this lime the Senate being in
an Executive and not Legislative capacity
The resolution related to- or rather had for its OBJ
ject, the undong Of that which the Senate did in its
Legislative character.
lie desired, therefore, as preliminary question, it
should be first settled whether or it be competent
TOR the Senate in its character Of an Executive coun-
Gil for the President to undo an act which il did in its
legislative whether it be in order now to
entertain the resolution2
The PRESIDENT said the resolution had already
been received. The question now would be on TAX.
ing it up.
On this Mr.. ALLEN called the yeas and nays
which were ordered.
Mr.. CLAY, of Ky, said he would make single
remark on this question Of order.
The Senate was here organized with its President
at its head It mightdo any thing which Senate can
do. The election which was proposed TO be rescind-
ed by the resolution Of an officer elected by the
Senate, and it could be asserted that it was
performed in its Legislative than its Executive char
acter.
In short, the Senate being convened might do any
thing separately from the House which It was compc-
tent for the Senate to do, and unquestonaby might
appoint their officers whose agency may be necessary
to the discharge Of its duties.
Mr.. ALLEN said the election Of an officer was an
act neither Executive Legislative in its character
properly speaking But act done by the Sc
nate whilst acting in its character branch of the
Legislative body. The election of this officer took
place under tho joint rules Of the two Houses which
made it their duty to communicate the fact to the
House of Representatives, then in session. And now
when this body, branch of the National Legisla
lnre acting under joint resolution adopted | y the
two Houses, have elected public officer whose du-
lies connected with both houses-when they had
done it with open doors, not in their Executive but
Legislative character-could they now, when the
House has disbanded annul this act, and bring the
House here next year. total ignorance Of the fact
who was appointed printer to the Senate
In itself the act neither Executive nor Legisla
i've; but it derived its character from the position the
Senate assumed at the time In this instance the Sc
sat with open doors they treated the act
Executive, but as Legislative, and as such they in
ormed the other branch that they had SO acted.
The Senate might with equal propriety rescind
very resolution which passed in the character Of le
yislative body And as to the circumstances deem
ID that this was not anep Senatethat the foundation
If the argument SO much relied in the discussion
IF this question: against the election of these printers
was untrue-that the present neio and the
The past old Senate. There was no such thing
known to the Constitution, the Republic-you
might well speak of new Supreme Court as of
new Senate-there was new House of Represen-
laves bee ause the entire House expired in two
years but not so with the Senate The Constitu-
lion supplied that body with a certain number each
two years. and thereby gives eternity TO that body
SO that there Senate and no old Senate.
The same Senate which elected Blair and Rives now
proposed without reason, charge allegation to
scind the act
Mr.. WRIGHT desired to know whether the pro-
position laid down by the Hon Senator from Kentucky
was correct He understood him to say that the Sc
nate here with its President at its head, and COM
petent to do any act which the Senate of the U. S.
could do
Mr.. CLAY said Separately. from the House.
Mr.. WRIGHT said that was a very important
qualification which he did not before understand He
with this view. And il simply remained
for them to inquire whether the Senate legislareiy
could do any act when there no House Of Repre-
sena,ivcs sitting; and whcn at this moment, under
he Constitution there was such thing in existence
1t seemed to him that their powers, whatever they
might be, were Executive powers. He asked Sena-
tors on all sides what had been the uniform practice
Of the Senate in questions of this sort. For every
four years he believed since the existence Of the Go
there had been special session of the Sc
nate like the present. and the Senate had never at
tempted to appoin, even its Sergeant-at-Arms. Could
they do any thing hut advise and consent or disscn,
subjects laid before them by the President Of the
United States
What were the rules now He had never heard
hat the rules Of Senate were not perpetual from Con-
yress 10 Congress, unless changed by them. 1t was
not with the House of Representatives The rules Of
The Senate perpetual, and they were now jebat-