Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-18


present. and that they ready 10 receive any com
muncation from linn that he might have to make that
they would then assume their Executive firm, and, II
their doors thrown open, thai II would u ~ or
der o the Senate without assuming any other than an
Executive form. These were the honest impressions
al his mind.
Mr. CLAYTON admitted, with the Senator from
New York, Mr. Wright that the Senate then assem-
Died there could do no legislative ACT; they were no,
sitting as the Congress Of the United States hui on Tie
summons o! the President of the United states; but
having come there, they could perform any act winch
was necessary 10 organize that bod they could do any
act winch Senate can do which did not require Inc
action Of the other House. For instance, fther Press.
dent should be taken ILL., nobody doubted that hes could
elect President Pm TEN and il their Secretary should
he sick, there any doubt that they had the power
appoint another Secretary NJ their pleasure: sc
Offices, beyond all question, were held nj the pleasure
Of i!c Senate, and The officers might be removed al the
pleasure ii ir Senate. 1t did not require the
renee OF tie other House. II act simply Of the
Senate for It's organzlon. Now they found 1t
sary Ia 10 INTO the election Of Il Printer; but they were
lold the Office filled With that he did not agree
lie believed tue act performed was nuy, and not
consistent %lil the powers given them b. the Constr.
luton TO appoint their officers and therefore ;ey
could remove these Printers and 20 into the election o.
other Printers.
lie confessed however, he did not like the firm in
which il was presented, and lie should have liked II
better if had come IN another SHAPE; but he would
not discuss that. There they were organized tn
der the summons Of the President Of the T. > THIS
mol Legislative act which required the concurrence
o The House Of representatives; Il was Eefe acl 81
this body, and deny that they had the power to do tins
act was deny that they sitting as The Senate Of
the L. :.
Mr. TAPPAS requested that the bond given by
Mcssrs. Blair and R,vcs might be read
The Secretary accordingly rcad the bond.
Mr. CLAY Of Kentucky SAID he was scarcely ~
LaS hqnll
rs nucl as possible But To the character oi this
bond what was j: Il bond TO Do the duties OF
tie office, but if the Printers went out the bond was
vrcate. hy the fact. The question was not, thcn 81
the propriev Of the dismissal OF these Printers that
question would up when The resolution came up:
but IL was question of order raised the other side Of
the Senate (by Mr. Aen,) and recchoed on tins SIDE.
(bv sir. Wrlght) but not with perfect coincidence
II was contended side that the Senate was con-
nuons, ncyerdyng body, and on the other side It was
said there was House Of Representatives.. But N
the true contemplation Of the Constitution the Senate,
and the House too supposed 10 be III existence,
nr If tile States had discharged their duties by Ia.
election Of members, They were ready To form House
The Senate and tie House were, IN the contrmpla
ton If the Constitutions continuous bodies they were
not identical III the members that composed theih
but he hoped .hat though theoretically always in cX.
istencc the acts aud measures oil The Senate would
depend on the component members that constitute
the body By the Constitution the Senate had pow
er, exclusively Of the House. or the President, or
any other authority, 10 elect It's own officers. They
sad, that their Printer an officer but lie should
not 70 over the arguments which had been urged
with 50 much ability by his friend from Delaware
Mr. Bayard:) and which stood unanswered to that
dav that these Printers were officers, and were, III
fact performing the duties Of clerks, using types m
stead Of pcns-hat they were part OF the machinery
OF the Senate which requisite TO the transaction OF
the duties Of the Senate. Suppose the Printers were
to die or some other contingency should happen which
should prevent the execution OF their work, could not
the Senate I'LL that Office Could they not fill the Office
Of Scrgean Arms which was then vacant In" case
was too clear for argument. The Senate then in session
could do Whatever 1t competent Tor Senate 10 do
But the argument of the gentleman on the other
side Mr.. Allen this: 1t IS not legislative
function elect Printer nor was It Executive linen
what was il: Was il 4 judicial Junction. II was GER
lanly much less ui,ca. than an Executive or lr-
r.sat;yc function. Well, # IL neither legislative
Executive nor judicial he thought the argument the
gentleman on the other side demonstrated that was
not competent the Senate To eject al all But tls
hair. spll,tnr this division and subdivision Of the ca
pacitles OF tie Senate, not the question. lhrf"
we're Senate with ali the powers 81 the senate tfry
could act, 1t true, in their legislative character
hut they were competent 10 perform what 4 Senate
could do without the cooperation OF the other House
Now let rs see what was done at somewhat aDao-
gous period Of their history. The Senator from New
ork thought they ought 10 meet in conclarc and not
To attend their debates. Why, they had always alct IN
open session. and, il they went into secret session. IT
was on special motion. But lie would call their al
tcnton 10 what done on the 9TH Of March, l-2J
lie then read from the journal OF March y, ls2, when
the Senate we're in Executive session, resolution sub
mlt,ed by Mr. Benton 10 purchase Gales and Seatons
Register OF debates On the next day the resolution
was on motion of Mr. Woodbury., laid on the table.
On arriving at the name Of Mr. Woodbury. in the *,
tract he said he was happy 10 see that honorable seha
tor here, and he hoped, by his vote, he would rec"g
nlze the validity of the proceedings On the next day
i vas aaan taken up, and then laid on the tabc-ayes
D. noes -.
There were variety of other proceedings, running
from day day recognising their power to transact the
business Of the Senate. And could they not identify
and examine into the character OF the rights Of lndv
duals 10 compose that body. He could refer 10 hume.
rous instances in which il had been done 20 ascertain
the right hy which any sitting there as Sc
naor Unfuestonabv, u was Inc llrs', inc PRIMARY
duty % any Gelrberative assembly Whatever related
10 Their functions, whatever related 10 their compost
t;,n whatever related To the discharge OF their duties
and whatever was necessary 10 enable them to fnt
them, il was competent for them to determine; ana
whatever officers necessary and important, WIN
all Difference Tor the opinion OF the senator opposite "
wus competent for the body TO proceed 70 elect. re
would detaln the Senate no longer for the reason he
had before yven-that lie had not the power of utter
ance. -,
Mr.. ALLEN said the Senator from Kentucky [Alr
Clayl thought he had placed hun (air. Alien) N an
awkward dilemma He Mr.. A. had SAID that the e!.c-
ton Of Printer not, properly speaking, either tx
ccu,tve or a legislative act; and the Senator IRON Men
tucky had inquired if that the case, rs II was not
iud,cal act where the Senate would find power 10 elect
a Printer at all He (Mr. Allen would answer lhat
question The Senate acted in It's legislative charac-
Tor N virtue OF certain express powers IN the IonSt
tuon: and in lis Executive character, IN virtue OF Ger
lam other express powers i'll the Constitution ana II
acted in its judicial character IN cases OF nipeacn
ment in virtue OF certain other powers But was II ~
virtue Of either of those powers they elected Printer
f. was not IN their legislative character that they acted
or why did the Constitution superadd that the Senate
shouId choose It's own officers:
Now as to the question of the Senator from Deia-
ware, mir. Bayardl if there should be vacancy IN
The chair by the death Of their Presdent-which he
hoped there never would be-woud not the Senate, IN
that case proceed to elect President pro tenn o the
body: And he had put the question IN regard 10
their Clerk Yes, they would elect President pro
tenn by virtue of the power conferred by the necessity
of tic case and justified by that necessity But, let
the Senator reverse the proposition, and see how
would apply. Because the Senate can I'LL vacancy
created by death-and fill that vacancy temporariy-'
can remove an officer elected permanently ana mus