The republic. [volume] (Washington [D.C.]) 1849-1853, 1849-12-17
THIRTY-FIRST CONGRESS.
FIRST SESSION.
SENATE.
SATURDAY, December l6, 1919.

The Hon. SAMUEL HoUsToN, of Texas, appeare
in his seat day.
Mr., UNDERWOOD asked leave, which wa
INgranted, 10 withdraw from the files of the Senat
the papers of }. Nj. Strader. This case. had besl
from time to time acted upon and passed by thi
body and had not been taken up in the other branch
The object of Withdrawing them was, that the,
might be presented 10 the House, and acted upor
there in time to have the claim again brought here
when there was no opposition.
| Mr. BERRlEN rose to present resolution which
he said, might be laid over for the present or acted
| upon to-day, as Senators might desire II was a
| resolution that a committee be appointed by the
Senate 10 inform the President of the United States
| that the Senate was now ready to receive any mes
sage he might have to lay before Them in relation
to their separate functions of an executive charac-
ter He asked for the reading of the resolution, and
| il was read as follows:
ReSoired, Thata committee, TO consist of three Sen
ators, be appointed 10 wait upon the President OF
tile United States, 10 notify 10 him that the Senate is
now organized, and ready 10 receive any commu-
| nlcations which he may think proper to make u
them IN relation to matters which are within the
sphere OF their separate constitutional action.
Mr. CLAY in rcsumngthe seat he att present occu-
pied in the Senate had done with intention to
take no lead Of any party, movement, measure OF
any kind; but simply desired to perform the du-
ties OF his position Senator in the best manner
he could. lie would have offered resolution SINH
lar 10 the one now proposed by the Senator from
Georgia but for the reason stated, that he did not
desire to take the lead in any matter brought be-
fore the Senate for its considerations he would leave
that for Senators Older than the humble individual
addressing the Senate. He would say, however,
that the resolution of his friend from Georgia met
Ia hoo. 1
objection to its passage. By its passage two or
three days might be gained to the consideration of
public business. OF any precedents for the course
proposed by the resolution he was unadvised; but
he remembered that, few years ago. when there
was difficulty in organizing the other House, and
pretty nearly the state of affairs existed there
the Senate did proceed to the consideration of bust
ness subject to its separate control In the absence
of all preccdents, the in which the other branch
now stood was rare, and so unprecedented, that
exigencies required the Senate to make a move
ment of this kind. The only difficulty that had
suggested itself to his mind was, that it is to be
made with all the Difference and respect due to the
other House. But then il had struck him that mel
thcr the other House, nor any member of that
House, could take umbrage at this movement on
the part of the Senate On the contrary they could
not but rejoice that, while the difficulties TO their
organization, which no doubt they all regretted,
still existed, this branch could go on and perform
duties properly belonging to it, and which required
under the Constitution, only its separate action.
The functions and powers of the Senate were two
fold-it was part of the Legislative branch of the
Government, yet il also had conded to it other du-
ties, separate, distinct, and wholly unconnected
with the duties imposed upon the other branch
There could be objection, therefore, to the Senate
proceeding in the discharge of its constitutional
duties, which belonged to this body, separately and
distinctly, and formed component part of its
stitutonal functions He thought il probable that
there was great mass of Executive business to
come before the Senate, and the other House would
no doubt be greatly pleased that the Senate could
dispose of that business now; and that when they
shall have organized, and be ready to proceed with
the legislative business, the Senate also would be
ready to proceed with them, unobstructcd by the
requirements of that business peculiarly belonging
TO the Senate. He could see no objection, then, 10
the passage of the resolution at once; but if any
one Senator desired it, it might be laid over till
Monday
The PRESIDING OFFICER stated that the reso.
luton could only be considered to-day by unani-
nous consent.
MIR. DOUGLAS suggested that no one could OBJ
ject, and the resolution could now be considered.
The resolution was then read and passed; and
Messrs. BERRIEN, Mason, and PHELPS, were ap-
pointed the committee.
After an interval of half an hour
MIR. BERRIEN, from the committee appointed to
wait upon the President and inform him of the or.
ganization Of the Senate, reported that they had
performed the duty imposed upon them by the re-
solution and that the President, in reply, had
stated he would communicate with the Senate on
Monday.
Mr.. DICKINSON gave notice that on Monday, at
one O'Clock Inc would move that the Senate proceed
10 the Nection Of the committees and then
On motion OF Mr. MILLER,
The Senate adjourned