The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-21

of what constitutional law had been established and to
what extent State legislation had been declared 10 be
violation of the constitution and what measure OF legis
aton could be adopted And II State Legislation could
not be adopted (and IN his Judgment 1t could not)
then il necessary that should be known what re-
medal action could be asked for al the hands oil Con-
gress For these and other which had been as
signed by the senator from New York, he thought the
adoption OF this resolution was highly important III
there objection to it, 1t was that the senator from
Mississippi had specified TOO small number OF copies,
and therefore, if other senator made the moton he
should at the proper time, to enlarge the number
The senator from Missouri had suggested several dlff
culties in the way of the adoption of this resolution
The first that this was legislative measure, and
therefore that the Senate at this special session could not
entertain it, Now, he did not distinctly understand IN
what the senator used the term legislation In one
every resolution or order which directed the con-
duct OF its officers, ordered anything to be done, or
prohibited anything from being done, might be SAID to be
legislation, for il was IN the nature OF law TO prescribe
rule of conduct II either commanded or prohibited
and if that all that was meant, might De saely ad-
mitted to be legislation.
But the only in which measure may be legisla-
tive so expose TO the objection stated by the SEN
ator from Missouri, improper to be entertained AT
special session than al an ordinary session, was
when prescribed rule OF conduct 10 which the assent
of the other branch OF Congress was necessary and whch
the Senate alone incompetent 10 prescribe But ms
was not such case. The passage OF this resolution
was in the power of the Senate alone. 1t was true that
this a special session OF the Senate II was true
Il
Executive action but still they were Senate, and mad
all the powers Of Senate OF the United States, as much
when the other House was IN session, to 40 any
thing which the assent Of the other house was not re-
CURED In this session they were shom OF no power,
and he did not conceive that the Senate the 10th day
of February last would have the power to pass tins Ieso
luton or any other of similar character, which did not
require the of the other house, nor the approval
and signature of the President OF the United States but
operated by its force, and took effect by the will OF
the Senate, if they could not pass Ii seemed to
him that there could be no real objection in regard to the
power of the Senate in such case
But there was another question raised which was based
on one of the rules of the Senate which required bills
and resolutions be read three several times on three
separate days. unless unanimous consent were gwen 70
several readings on the same day he knew not what
might have been the design of the rule referred to by the
honorable senator from Missouri, but he could not con-
ceve that this resolution fell under the operation OF that
rule it did, he could only say that the Senate had been
sgnally unmndful of that rule for this, he believed was
the first time that attempt had been made TO apply II
to resolution simply ordering the printing OF an extra
number of any document which had been ordered TO De
printed by the Senate. This the first time that he had
heard it argued that such resolutions should be read
second and third me and he supposed an explanation OF
the phraseoogy of the rule might be gathered from the
uniform of action OF the Senate. He thought It
could not be presumed that the Senate were IN the habit
of disegadng and overlooking an established rule OF the
Senate. Such suppositon was an imPutaton on the
Presiding officer and every member OF the body lie was
quite that resolution ordering the printing OF an
extra number OF any paper had been required to be read
three different times on three different days since ne had
been member of the Senae. This resolution, he
presumed which directed the printing Of papers by the con-
yressona printers, under the authority oil the join! resou
ton by which the contract was made WITH them one OF the
conditions of which contract that they were 70 print
such papers directed 10 be printed by either House
of Congress In what sense them could it be said to be
resolution to lake money out OF the contingent fund OF
the Senate, and TO require three readings three differ
ent days. Ii the Interpretation OF the honorable senator
from Missouri correct, 1t seemed to him that II
report this body from any OF the departments
othis government during the present session OF the Sen
ate, answer TO call made upon by the Senate they
could not order the printing OF the usual number without
three several readings of the resolution offered for that
purpose three several days, unless the rule Should
be suspended by unanimous consent There was no es-
cape from that conclusion.
He proceeded to enumeratc several instances in which
resolutions ordering large numbers OF books and docu
ments had been passed without any attempt being made
to apply such rule. He specified resolution directing
the Secretary to purchase 900 copies of the constitution
prepared by Of the officers of the Senate and sub
sequent resolution, ordering 900 additional copies of the
same work, which offered and passed on the same
day and said that the rule had not been heretofore
applied, he hoped this resolution would be passed without
its application He believed the resolution to refer TO an
important matter and he hoped the Senate would have
insuperabe objection to its adoption Before he took
his seat he would suggest to the senator from Mississippi
TO modify his resolution by substituting 10000 for 5000
copies.
The PRESIDING OFFICER, in reference to the point
OF order suggested by the senator from Missouri, SAID
that during The present session similar resolutions
uniform course Of the Senate There could then be but
other question, and that was, whether the resolution
required three readings He understood TO say that
three readings necessary, unless dispensed with BY
unanimous consent.
MIR. FOOTE hoped the resolution would be adopted to
day He could substantial reason why it should
be postponed
Unanimous consent understood to be given, and the
question required upon its passage.
Mr.. BADGER, in answer to question from Mr.. CAL
HoUN, said the number 100000 might seem large but it
would really only give TO each senator about 100 copies.
Mr.. BERRIEN rose to state why he could not vote for
this resolution. He did object the ground stated
by others. He believed the Senate at this special
sion had the control of its contingent fund.- and he did
not think that this resolution required to be treated
bill, and be read three times three several days. for
the stated by the Senator from North Carolina
But he to allude to the object proposed 10 be
stated by the Senator from New York. who said that the
Legislature of that State in session, and that
that was the central point to which immigration tends, it
important that the legislature should be advised of the
decision of the Supreme Court Now certainly
not necessary that the Senate of the United States should
Court in ogder that the Legislature OF New York may
be advised OF that decision 1t perfectly easy for the
legislature of New York to obtain copy of the record
without the Intervention OF the Senate of the United
States There was therefore, nothing in that argument
The other object struck him TO be OF different character
Il was proposed to circulate these papers through the
United States invoke the attention of the people of the
United States In other Words the object was he took
IT, TO take appeal from the decision of the Supreme
Court OF the United States to the people of the United
States. The laws of the United States provide that the
decisions of the Supreme Court shall be printed, and it
was not the province OF the Senate TO mark any particular
their Intervention 10 print and distribute it amongst the
people of the United States: and this whv