Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-03-22

not so with The Senate. The CONSTITUTION suppl
ed that body with a certain number each two years,
and thereby gives eternity to that body-so that
there was no neiO Senate and no old Senate. The
same Senate which elected Blair and Rives now
proposed without reason, charge, or allegation, TO
rescnd the act.
Mr.. Wright desired to know whether The prop
osition LAID down by the Hon. Senator from Ken
lucky was correct He understood him TO say
that the Senate was here with its President Mt its
head, aud competent to do any act which the Sem
ate OF the U. 5. could do.
MIR. Clay said Separately from the House.
Mr.. Wright said that was very important quail
ifcation which he did not before understand. lie
concurred with this view. And it simply remain
ed for them to inquire whether the Senate legisla-
lively could do any act when there was no House
OF Representatives sitting and when, at this mo-
men under the Constitution, there was no such
thing in existence.
1t seemed to him that their powers, whatever .
they might be, were Executive powers. lie ask
ed Senators all sides what had been the uni
form practice of the Senate in questions OF this
sort For every four years, he believed since the
existence of the Government, there had been
special session of the Senate, Ike the present, and
the Senate had never attempted to appoint even
its Sergeant. tat Arms. Could they do any thing O..
but advise and consent dissent TO subjects laid
before them by the President of the United Statesf
What were the rules now ? He had never heard
that the rules of the Senate were not perpetual
from Congress 10 Congress, unless changed by
them. 1t was not with the House Of Representa-
tives. The rules Of the Senate were perpetual,
aud they were now debating this matter in viola
ton Of their rules rs an Executive body, and by
the act assuming the legislative side OF our power.
He had supposed that the very first act this
morning, after the Sennte were constltu!onaly or
ganized by communicating to the President the
fact that quorum of the Senate were assembled,
would he to assume our Executive form, and it
al, ,tr - ha hN
order of the Senate, but without attempting to as
sumo any other than their Executive character.
Mr. Clayton, mimiited that the Srnate could not
perform Legislative action there was no question
OH this subject. But they were not now sitting as
the Congress Of the United States; but as the AS
semhly OF the Senate Aud they could perform
any act necessary to organize the body, any net
which the Senate could do which did not require
the action of the other House.
The Secretary and other officers were officers
held ut the pleasure of the Senate, aud might lie
removed at any time the Senate might see tit. 1t
did not require the concurrence OF the House.
Suppose no printer had been chosen no one
would doubt the competency of the Senate to e.
lect one.
1t was said that the office was filed. He did
not agree to that. He believed the Cons'itu-
ton of the United States gave to each branch OF
the Legislature, the power of appointing its own
officers, and this Senate has the right of appoint
printer or go into the election of another.
He did not like HE iorm of the present resolu-
lion and would prefer to have had II come IN an
other orm-all he said, was that this was II mere
act of organizing the Senate, and they had right
10 do any act for that purpose. 1t was not !e-
gslaive act. 1t did not require the concurrence
Of the House of Representatives it was mere
act of this body, and to deny that they had the
power 10 elect printer, was to deny that they
were the Senate of the U. ).
Mr.. Tappan asked for the reading of the reso-
luton of ppointment-( (which was read, and also,
the articles of agreement the bond, &c.)
MIR. Clny, of Kentucky, rose and said, from the
i'll state of his health, lie scarcely able TO artcu-
late, aud would economist words, from necessity
as much as possible.
AS 10 the form of the bond what was il 1t
was nothing more than the bond to do the duties
OF the Office, hut it he went out of office, the
bonds were annulied, of course.
The question was not, however, on the propre
Ity of elecling n printer; that would come up
when the resolution was taken up.
On the one side of the House it was contend
ed that the Senate was a continuous never-Gying
hody. On the other side it was said that it WINS
new Senate. # was true thar, in the contempla-
Ton ofthe Constitution, the Senate and the House
were always m eXistence--the House as much as
TIE Senate. But, although the House and the
Senate were both, in the contemplation of the
Constitution Of the United States continuous
bodies - not identical in the members which COM
pose them, land he hoped that they would, by the
course al action, at least demonstrate that although
theoretically the Senate might always he in exs-
tenee, lis acts proceedings, and measures depend
on MS members, and the component elements
which constitute this dy,l-by the constitution
me Senate was empowered independently of the
House, the President, and of every authority 10
elect lis own officers. He held thai printer was
AN cDicsr-but he should not go into The argument,
which was maint1ined With SO much ability by
the honorable Senator from Delaware, and which
stood unanswered, which urged The other day,
hat these printers were c6fceys, using types instead
OF pens-a part of the machinery of the Senate,
requisite tn transact the business of the Senate.
Suppose the printers were to die, or thai some
other contingency which might be supposed 10
happen should prevent the execution nj this work,
could they nor fill the Office Could they not fill
the office OF Srrgeaiit-at. Arms, now vacant! Un-
qnesiionaby they eoud-the case WAS too clear
for argument.
But lie would advert to what had been done on
former occasions, To show That when the Senate
WINS III session it was competent to do whatever
Senne might do.
The argument of the gentleman was, that il was
not ffgiStd irs junction, and not erecUIre TO elect
a printer. Then wlia is il? It wa, ildiciai
function much less lhan either, and ii uther leg
slaiNe, executive or Judicial the constitution bay
ing communicated To this body no other function,
he thought that the gIiturui demonstrated that
here tcas no po,cerfo elect ataH
As 10 this hair spinning aud dividing and sulIdi-
1idlng Of The capacities and functions of The SEN
ile, that was not The question. They were the
Senate with all us powers whirh it wac compe-
ent to perform ms n Sennlo They could not net
n legislative character, buttley might do what
ver Senate could do without The cooperation of
he House.
Let us see whnt was done M an analogous peri
a OF our history 10 the present. The Hon. ZEN
tor from New York seemed to suppose that they
nghl to have met in conclave. They always met
? open session, and if they went nIo secret ses-
ION, II was on "a special motion. But lie would
all the attention Oh the Senate to what occurred in
o29 lie then read from the Journal ofihe Sen
tie, OF The 10Th of March, OF that year, showing
nat MIR Benton brought in n resolution directing
no Secretary of the Senate 10 purchase three
o'umes of Gales ~ senIon's debates. The next
ay The Senate met in open session, aud other doc
menis were procured by the Secrctnrv