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


power of appointing its officers, and this Senate
has the right of appointing its own officers. They
could this printer go into the election of
another.
He did not like the form Of the present resolution
and would prefer to have had il come in another
form all he said, was that this was a act Of or
ganzing the Senate and they hada right to do any
act for that purpose. 1t legislative act ~
did not require the concurrence Of the House of Re
present aiiyes-it mere act Of this body and TO
deny that they had the power to elect printer to
deny that they the Senate Of the u. States.
Mr. TAPPAN asked for the reading Of the reso-
luton Of appointment (which was read, and ALSO
the articles of agreement, the bond, &c,)
Mr.. CLAY, Of Kentucky, and said, from the
i'll state Of his health he scarcely able to arcuate
and would economist words, from necessity, as much
possible.
As TO the form Of the bond what was III 1t was
nothing more than the bond TO do the duties Of tho
Office, but If he out Of office the bonds were
nulied, Of course.
The question not, however, the propriety
Of electing printer; that would up when the
resolution was taken up.
On the side Of the House il was contended
that the Senate a continuous, never-dyng body.
On the other side il was said that this was a new Sc
nate. 1t was true that, in the contemplation of the
Constitution, the Senate and House were always in
existence-the House much as the Senate. But
although the House and the Senate both in the
contemplation ofthe Constitution, continuous bodies
not entca in the members which compose them (and
he hoped that they would by the of action
least, demonstrate that although theoretically the Sc
nate might always be in existence its acts proceedings
and measures, depend on its members and the compo
nent elements which constitute this body ,)-by the
Constitution the Senate empowered independently
Of the House the President and Of every authority
elect its own officers. He held that printer
efcerbu he should not 60 into the argument, which
was maintained with much ability by the honorable
Senator from Delaware and which stood unanswered
which was urged the other day. that these printers
were officers using types instead of pensa part OF the
machinery Of the Senate requisite to transact the
business of the Senate.
Suppose the printers were to die or that other
contingency which may be supposed to happen should
prevent the execution Of their work. could thev not
fill the ofice2 Could they not fill the Office Of Ser
geant-a Arms, now vacant1 Unquestionaby they
coud-the case too clear for argument
But he would advert to what had been done
former occasions to show that when thelSenate
in session, it competent to do whatever Senate
might do.
The argument Of the gentleman was, that it was
not Legislative Junction. and executive to elect
printer. Then what is it. twas judicial func-
ton much less than either, and if neither Legislative,
Executive or Judicial, the Constitution having
muncated to this body other function, he thought
that the argument demonstrated that there
po,oer to elect at all.
As to this hairspitting and dividing and sub
dividing of the capacities and functions Of the Senate
that was not the question. They were the Senate,
with all its powers which it competent to perform.
as Senate. They could not act in Legislative cha
racter, but they might do whatever Senate can do,
without the cooperation ofthe House.
Let us see what was done at an analogous period of
our history to the present. The Hon. Senator from
New York seemed to suppose that they ought 70 have
met in conclave. They always met in open session
and if they into secret session, it was spe-
cia motion. But he would call the attention of the
Senate to what occurred in 1929 He then read from
the Journal Of the Senate, Of the 9th March, Of that
year, showing that Mr.. Benton brought in a resolu-
ton directing the Secretary Of the Senate to purchase
three volumes Of Gales s. Seatons debates. The
next day the Senate met again in open session, and
Here variety Of proceedings from day to day,
recognising The power of thus transacting business
necessary for the Senate
But it was useless contend that the Senate could
examine the right of individuals to compose the Sc
nate. He could refer TO numerous instances in which
il had been done. To ascertain the right OF. any
member to his seat the first and primary duty of
any legislative body. Whatever officers chinery
were employed beyond all question it competent
for the body to decide, before proceeding to action
The debate was farther continued by Messrs. Al
len, Wright, Clay, Of KY Tin explanationl and Prem
tiss of VT.
Mr. HUNTINGTON made a report, that the
Committee appointed to wait the President of the
United States and nEoim him that the Senate had
convened, and ready 10 receive any communica-
ton he might be pleased make, had performed that
duty and the President informed them that he would
in few minutes make communication 10 them.
message was received from the President, and
laid on the table.
Messrs Clay, of Alabama Calhoun Young, Clay
ton Tin explanatory farther participated in discus
sion on tho resolution A report Of which, want of
time prevented the Reporter from giving for todsy's
paper.
The question was then taken by yeas and nays,
follows
YEAs-Messrs. Archer, Barrow, Bates, Bayard,
Berren, Choate, Clay, Of Kentucky, Clayton Dixon,
Evans, Graham, Henderson, Huntington, Ker Man
gum, Miller Merrick Morehcad, Phelps, Porter
Prentss, Preston, Rives Simmons Smith, Of Indiana,
Southland, Talmadge White, and Willams-29
NAYS-Messrs Allen, Benton, Buchanan Clay,
Of Ala, Cuthber Fulton, King, Linn, McRobers.
Mouton Nicholson, Pierce, Sewer, Smith, of Conn,
Sturgeon, Tappan, Walker, Williams, Woodbury.,