The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-10

equally divided"
Mr.. CALHOUN was under the impression that the
Vice President has the right to vote IN this case.
MIR: CLAY. / think there cannot be doubt agree
sntiEsly with the senator from South Carolina MIR. CAL-
Houx1 II Is the precise occasion for which the proyi
The VICE PRESIDENT. The Chair win Of course
vote he i thought BY the Senate to have right to do
so; ii il is his right it is his duty
Mr.. KING. Heretofore, Mr. President. believe that
rule has been consdeed as applying 70 Legislative acts
alone SUPPOSE i = now 70 b decided by the Senate
rs TO extend the right to elections well TO egsa
ZION. think that the provision has never before been
thus applied. know Of rule whatever that has
been adopted in faver OF such Interpretation OF it, For
myself am satisfied that the question should be settled
any way that the Senate think proper But this the first
case q the kind that have ever Known and as my
that il simply in legislative action that the Vice Pres
dent authorized by the constitution to give casting
Mr. BERRIEN. cannot conceive how it is possible
by any action OF the Senate limit the words Of the
sttuon which themselves general as 10 comprs
bend every vote which may be taken in the Senate.
The Vice President shall be the President OF the SEN
ate but shall have vote, except when the Senate are
equally divdedn Now y proposed. BY one construc-
on which is offered to limit that equal division 10 cases
OF legislation. But the constitution clearly intended that
the Senate should perform other duties besides their mere
legislation. Unqqestonably, the constitution contem-
are executive duties TO BE- perormedand when the SEN
ate are equally divided in the discharge Of executive du
x, yss must ys " eating yS
Senate equally divided
Mr., BERRlEN. uesuming) But upon any, Iesou-
ton introduced in executive session. he would have
right to vote, If the Senate should be equally divided
Now suppose that this question came up in this form
"ResolVed, That shall be chaplain OF the Senate
OF the United States for the ensuing session" n the
Senate should be equally dvided most esonably
the Vice President would exercise his right to give the
casting vote But 1t to me TO be unwse to reason
upon This subject, by attempts at analogy because the
language of the constitution too plain to be msunder
stood. The 2ist rule Of the Senate simply reafms the
provision Of the constitution, and will read it,
"When The Senate eqaaIy divided the Secretary
| shat take the decision Of the President"
Mr. CALHOUN. As far as the practice Of The Senate
in regard 10 the power Of the Vice President give
casting vote upon executive appointments. When pre-
sided over this body deem my duty g say Iyoed on
several occasions upon nominations and celebrated
case, the nomination OF Mr. Van Buren,, and on two or
three other occasions.
Mr. KING said he was perfectly of the instances
alluded to but what he stated strictly correct The
resi- Of the sentence inaudible to the repsrers
There necessity for the vote Of the honorable
senator from South Carolina, because Mr. Van Buren,
was rejected BY vote Of the majority Of the Senate.
Mr.. UNDERWOOD. rise to remark, sir, that the
constitution contempates, In the organization OF this body
Sergeant and the Senate be saidto be or
gained until these auxiliary officers elected Sup.
pose equal division IN reference to these are we TO
stand still and postpone our organization until some
OF the senators shall give way !-or shall il be decided
by the presiding oicer 1t seems TO that the conem
pIaOn OF that II II De anaOgous-dnd
hncton at a-will settle the question
Mr.. FOOTE. (interposng) II my friend will allow
me, the case is not at all analogous. The Chair may
q y S w mot a.s e ~ sssy ne op
thority by which he is sustained; but trust may be
allowed to say that these two not analogous by
GERS named BY him are necessary the organization Of
House, whereas the Senate has been organized for
weeks ", without g the n, election Of a chaplain
a
had arisen in our organization.
MIR. FOOrE That is putting the case Of the election
OF officers, whose election is necessary Tor the oganza
ton Of the body analogous TO the of the election
of officer whose election is necessary for
ganza,on. Therefore. say, the not analogous
But DO not think that the analogy is necessary de-
MI Nj UNDERWOOD. / think not, Iput the case to
show that in that case the Senate must remain morgan
suggested that by the constitution of the United States
the Senate must always consist OF an even numberwo
President shall decide in cases Of tic seems 10 indicate
that the trainers Of the constitution thought, from that
very arrangement cases where the Senate would be
ssi scssf RSsp Ike Chair feel. NO d...
imposed upon him that he shall voe the Chair deems Il
be the general opinion OF the Senate that the Chair has
that right, unless there shond be some expression OF
opinion 70 the SSn,,sy the Chair will now proceed to
"a Pause.l The Chair then votes for Mr. Butler.
The Rev. e. NJ BuTLER. having thus majority Of the
votes cast, was declared duly elected.
SPECIAL ORDER.
| Mr. SMITH wished to offer resolution calling for
certain information from the War Department
Mr.. BUTLER called for the special order
MI. UNDERWOOD requested him to give way for
Mr. BUTLER replied that there were four or five who
would wish the same privilege.
Mr.. SMITH requested him to give way, and allow his
resolution 10 be laid over.
Mr.. BUTLER persisted. .
The Senate accordingly proceeded TO the consideration
OF the following resolution, submitted by MIR. CAS-;
Resolved, That the Committee Foreign Relations be
instructed inquire into the expectancy OF suspendng d.
pomstic relations with Austria.
The VICE PRESIDENT stated the question to be upon
the amendment. submitted by Mr.. HALE inserting the
words and Russia"
Mr.. DOWNS stated that his object in moving the ad-
ournment yesterday not TO address the Senate upon
the subject
On motion by Mr.. RUSK,
The Senate proceeded to the consideration OF executive
business and, after some time spent. the doors
reopened, and
The Senate adjourned.
HOUSE o. REPRESENTATIVE.
After the reading OF the journal,
Mr.. KAUFMAN asked whether there had not been
message from the President lying on the Speakers table
for day or two, which had not yet been laid before the
House. 4tk
The SPEAKER answering in the affirmative,
Mi. KAUFMAN asked the unanimous consent Of the
House TO permit him TO move that il be laid before the