Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-01-12

Il
Rev. MI. Butler, received. ACKNOWLEDGEMENT
| MI. shcer. .......................30
... 60
The VICE PRESIDENT. The result of the last baIo
that Mr. Butler received thirty votes, and Mr. Sicer thirty
voiesa tie The question then presents ITSELF whether The
Chair has right yee. The constitution reads follows
"Ihe Vice President shall be President of the Senate, but
have no vote except hen the Senate equally divided
Its aqueon, therefore, whether in this instance the Chair
has right TO vote.
| Mr. CLAY. Certainly he has
The VICE PRESIDENT. Unless objection is made the
Chair Will proceed 70 vote.
MI. DOUGLAS, wish to inquire Of the Senator from
NORM CarcAa M. MASeUs, merely because he has &C
cuPea ne chatNs rredsg officer Of this body what has
oeen 'he practice Ia Gases Of This character
MI. MANGUM. 90 nos recoliect within my experience
he occurrence OF an aance of his kind Bur spccasion
q the Kind did occur curing the ri the OF
me present presiding officer when heavo his opinion thai
he was entitled He did not do So however, because
the Senator from Georgia Mr. BERRIEs) cans in at the
| moment, and gave the casting vote.
The VICE PRESIDENT. The Chair will be governed
IN this matter by the opinion Of the Senate.
| Mr.. CALHOUN. Although know no precedent e.,
acty applicable 10 tins case, think the Vice President has
| the right 10 vote.
Mr.. CLAY. think there can be no doubt about it. 1t
the precise case for which the constitution provides.
The VICE PRESIDENT. The Chair will them unless
some objection offered, understand il be the opinion Of
the Senate that be has right to vote.
MIR. KING. suppose il is to be decided whether
MS clause OF Inc constitution apples 10 elections that
uirsd to take place in this body Heretofore ii has been
considered applying legislative action alone, and
IN any case far know to the election of officers of any
description in this body. Therefore, il is be decided
whether the clause Of the constitution referred to- is be
tended in lis opaton elections well legislative action;
for know OF rule whatever that has been adopted
by the Senate the subject For myself shall be satisfied
with the decision OF the question in way that the Senate
may think proper will only repeat that it is the fist time
have known the question be made and my mind
having been turned to the subject heretofore have supposed
clause referred to legislative measures alone and not TO
elections. "51. .... r..
Mr. BERRIEN. cannot conceive how it is possible by
any action Of the Senate limit the expressions of the
situon, which in themselves general comprehend
every vote that may be taken in the Senate
The Vice President shall be President the Senate
shall have vote except when the Senate equally dded
Now it is proposed by construction which offered
to limit the equal division to of legislation, but the
stuon contemplated that the Senate should perform other
duties besides those which merely legislative There
Executive duties and when the Senate is equally divided in
the discharge Of their Executive duties, the Vice President
| must give tho casting vote. .:..'.. ...,.
Mr.. KING. Clearly the Vice President has power to
vots Executive nominations because if the Senate is
equally divided in regard the proprety OF the conhrma-
ton, they are rejected
Mr.. BERRIEN. But il any resolution should be intro
duced referring Executive business and the Senate should
be equally divided undoubtedly the Vice President would have
right to VOTE And suppose this question was now In this
form Resolved that A. B. be appointed chaplain to the Sc
nate and that upon that question the Senate was equally d.
vdd unquestionaby the Vice President in the exercise
of his power, would give the casting vote. But seems to
unwise on this subject by attempted analogy
because the language of the constitution is too plain to admit
of diverse construction. The 2st rule but an atrmance
of The provisions of the constitution 1t is:
When the Senate equally divided the Secretary shall
take the decision of the President" "E.:..
Mr.. CALHOUN. As the very experienced Senator be-
hind Mr kISg1 is mistaken the subject of Executive
nominations, deem my duty to say, that in several IN
stances when occupied the chair cast my such
I Il in the
Buren,, and in two or three others.
| Mr.. KING. l am aware of that but the individuals
nominated receive the of majority of the Senate
be confirmed and there be necessity therefore, for
the presiding officer give his There such
necessity in nf Mr. Van Rnan he rejeead
he did not receive majority OF the votes.
Mr.. UNDERW GOD. The constitution ,contemplates ir
the Organization of this body the election Of ocersthe Sec
rotary of the Senate the and other officers
and the Senate cannot be said be organized until these Off
elected Suppose equal division in reference
their choice stand still and postpone organ
cation until some Of the Senators shall give way,
shall be decided by the presiding officer This view OF the
settle this question, it be analogous.
Mr.. FOOTE. If the Senator will allow me will show
that it is not analogous The honorable Senator from Ken
lucky (Mr UsDERwoop) will at perceive that the off
which he referred necessary to the organization
the Senate but have been without chaplain for severa
days. and without offering obstruction to our
| Mr.. UNDERWOOD. True but was putting the ques
ton though organized, and though the d.
vision had then taken place. a.t.. "s @.'
Mr.. FOOTE. The Senator is putting the of the
election of officers whose election is necessary to the ogan
za,on Of the Senate Is that analogous to the OF the
election officer whose election not necessary for such
organization Clearly not and therefore the two cases are
analogous at ALL do not think, however, that the
analogy necessary for the decision of the question
| Mr.. UNDERW GOD. l think not myself brought the
show that in such instance must remain nf-
organized unless the Vice President had the to decide
BY our constitution the Senate must always consist OF an even
number two from each State and is but reasonable pro-
position that the Vice President should decide IN all cases Of
a tie The trainers of the constitution must have contem-
plated from the very organization Of the boy-wo from each
Staetha equal divisions must frequently occur think,
therefore there can be no doubt of the right Of the presiding
officer to vote. (
The VICE PRESIDENT The Chair feels desire to
express an opinion either way the Others nevertheless,
if the duty is imposed upon the Chair to vote the Chair
would feel guilty dereicion Of duty not to discharge it.
And as it seems to be the opinion Of the Senate that the Chair
has the right this occasion, unless some PROPOSE
ton is now made the contrary, the Chair will proceed
vote and declare the result The Chair waits to see if any
such proposition is made.
The Chair votes for Mr. Butler, who having received
majority Of all the votes, is therefore elected
HUNGARIAN REFUGEES.
Nh. SEWARD offered the following resolution:
Resolved That conduct Of Austria and of Russia in the
in which Powers have ubvered the nationality and
the liberties Of Hungary has been marked by injustice, OPP
barbary which Justly deserve the condemnation
while they commend the Hungarian people to the
mpahes other nations and especially States
aad that Committee the Public Lands he directed to
the public domain to be granted free OF all charges the
exes Of Hungary already arrived and hereafter TO arrive IN
the United States well the exes fleeing from oppres
sion in other European countries .,'
Theresoution was laid over under the rule
FoRTIFIcATIoN OF DAUPHIN ISLAND. 81.