The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-03-06
THE 4 WON.

morning and say am opposed. ~ many members have
ayowed themselves upon this Aoor-I opposed here
alter 10 having any secret sessions As this IS an import
AMI matter % le and senatorial regulation the bist hinx
want To do 10 bring the attention OF the
repeating OF hsse rules BY which you close your doofs
taa II DC said have "ut power bmit proposition OF
closing the doorsi Ii make = ploposon Of hat sort
TO wipe secret sessions from, your practice who can re
strict sef Who ssa that Ssiiss asst be DISC asssd
III secret session ~ Inere matter OF regulation, oil
rule and have rgh to dscass those rules, seems
me. under the constitution matter OF public business
Now. formation oi lhese rules belongs every
body AT lis Organization, at It's very commencement,
| the very first thing which legislative body has 10
| DO is TO make The rules which shall regulate It's
has nothing 10 DO with the rule Have not right to
get up and propose publicly TO change that rule II IS ev
ident THAI have Am to be restricted to propositions
OF that sort IN session really cannot understand
The reason OF distinction. believe that whatever be
longs 10 the Senate Senate. distinct from what is
done in conjunction with the other branch OF the
ment in lis legislative capacity, be transacted just
well when meet together the other branch not being
in session, if il was in session As is properly sug
gessd by the senator from North Carolina in different
and palmer language than that which had used what
do by ourselves when the other House is in
session, that we can do by ourselves when the other
House is not in session think nolhng can be palmer
than that. 1t seems perfectly evident to my mind
| These my views under the constitution. When |
took my seat here according to my view OF the consiln
uon II is not another session Another Congress, indeed
This matter of dividing our legislative proceedings
INTO Congresses, in regard to the Senate, not matter
growing out OF the except far as divides
The House of Representatives into Congr every
years. The Senate, by the constitution, 10 perpetual
body. Look at the instrument We are elected Tor SIX
years. We to be divided into three classes accord
ing to the constitution with terms of two, four and six
years in beginning, and has divided Tor the express pur
pose OF perpetuaDg the body and rendering permanent
One third OF its members are renewed every two years
afterwards We not therefore, divided into Congress
es. The membership of all of us exist but cannot
cease in the House of Representatives We made
perpetual body, with one third brought in every two
/ n IL
else OF the functions given by the constitutions indie
pendent Of the House OF Representatives. Or in coopera
business to be performed by This body II is created for
pepeuity, and business may be transacted al
time as well as at another only requires that we shall
we can have law il we choose requiring the Senate to
meet for these peculiar purposes appropriate to them on
the 9th OF March or the 5h Of july every fourth year
| independent OF the House of Representatives.
i These my views and therefore think that what
business be performed by the Senate under its
constitutional powers may be as well done now as al any
i MIR. DAVIS, Of Massachusetts,. In aid OF my mem.
ory, have been turning over the pages of the National
lnellgencer and find that we were in session in ls4g
tor number OF days, up TO the Both of March 1t will
be found upon looking al the files of the Integencer
for the record OF all the debates OF that session here
session at all, considered many hings, and among
other things the right Of my trend here MIR SHIELDs to
a seat in this body That question very largely de-
bated and considered day after day without going into
executive session. We considered, sso the proposition
to publish decision OF the Supreme Court That was
debated at large The debates are here. We also pub
4 shed, rs well rememberl very sorry have II mol
here-a volume containing documents relating
public matters That published by order OF the SEN
ae and i can now be found upon the shelves OF the
Senate Therefore, sir our practice has been 10 go into
open session. and remain III open session in many In
stances for the whole day. the debates OF which have
been published, when proceeding the consideration
Of any kind Of consistent with the organi
cation OF the Senate under The constitution That has
been the practice of the Senate aud II would thai
that was right at the time have mentioned, it must be
right now.
Mr., CLAY call your attention to some preceden,s
which think entirely conclusive, as far back as 1928
hold in my hand the legislative journal OF that session
The of the given that all in open
session The oath prescribed by law administered
number Of. senators were qualified The President
laid before the Senate letter from David Baldwin IN
respect to his right 10 his seat.
[Mr c. here read extracts from the journal of the Sem
as OF 1922 showing that for three days various proceed
think the whole difficulty OF the case has arisen from
confusion in relation reading The journal. The read
ing OF the executive journal only be done alter the
Senate determines TO 10 into executive session Until
they 20 into executive session. there is no executive
journal which can be read. . 81
wish presen, briefly such views occuro me as arising
under The constitution. 1t seems to that the Char
was not in at all The gentleman iron ONO lMr
CHAsE] IS only in error in distinguishing an executive
session by thai feature OF it which, under the rules,
quires the proceedings be transacted with closed doors
Now, air, notwithstanding the opinion we may have,
the constitution says nothing upon the subject except IN
so far requires the publication OF the Journal OF each
house IN their ordinary proceedings but requires The ex
eculve record TO be kept separately II that were not
80, should have such thing session with
closed doors. But here is the difficulty THAI comes up IN
my mind ii we not 10 separate session, de-
irving powers from the proclamaon-if may be 80
ermedoi The President, then we are IN session which
il bu, the continuation OF the last II we are merely con-
unuing the last pray what the necessity OF
our anxiety the other evening IA regard TO business
| We then acting upon business upon which The
i House had already acted; and if continue right
along the Transaction OF business, pray may we not
take up the river and harbor BILL and on aud discuss
| that? That was nothing more than an appropria-
uon OF money, upon which the House had already
acted and If | understand II, the legislative bust
ness which Is now proposed 10 be acted upon 10 spe-
tor from kentucky (Mr UsDERwoopl is wrong when
be says there is such thing division OF the
Senate into Congresses INTO sessions Now, we have
rules which stop the sessions OF Congress, and all the
business pending at the end OF session so that we can
not proceed if this the termination OF that session.
BUSINESS and act upon business which was pending when
the last session ceased The clause OF the constitute
which bears upon the subject 49, that the President may
extraordinary occasions convene both houses, or either
of them and oil dsagreeme between them with
respect To the OF adjournment, he may adjourn them
10 such time he shall think proper" He has thought
proper confne the call to THIS branch OF Congress tie
has not thought proper continue the last session. and
convene the other branch also. HIS proclamation de.
cares that be special meeting OF the Senate.
am inclined TO think that view Of H. that there is no
journal to be read We cannot read the journal OF The
last session When meet regular Legislative session
the FIRST Monday December, Snail not think OF
reading the legislative journal OF yesterday Now this
executive OF the Sena,ehis special meeting OF
the Senate az Preside tive do not think OF