Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1851-03-08
PROCEEDINGS IN THE SENATE

PROCEEDINGS in THE SENATE
At 10 o'clock on Tuesday, Immediately upon the
termination ofthe ThFty-first Congress, the Senate
re-assembled, Hon. w. r. KING, President in the
chair,) in pursuance Of circular addressed to the
Members severally by the President of the United
States, of which the following is a copy:
Z" TO the Hon. -. Senator from .
"SIR: Whereas divers and weighty causes connected
with Executive business necessary to be transacted create
extraordinary occasion, requiring that the Senate be
vened are therefore requested, Member Of that
body attend meeting thereof to be holden at the Capt.
to in the city Of Washington, the 4h day of March,
instant. WILLARD FILLMORE.
"WAsHrxsros, MARcH 8, 1851"
To the new Senators and the Senators reelected the usual
oath was administered.
The oath having been administered to the Hon j. A..
BAIARD, Of Delaware, the Hon. j. D. BRIsHr of Indiana,
the Hon. LEWIS CAss, Of Michigan, the Hon. JEFFERSON
DAVIS Of Mississippi, the Hon. HAHsIBAL HAMLIs, of
Maine, the Hon. M. Mason, of Virginia, and the Hon.
THoMis G. PRArT, ofMaryand-
Mr.. RUSK being called rose and said that he had not
received the certificate Of his election but he produced
letter from member of the Legislature of Texas who
present at the time of the election xsfyng to the fact
The letter read by the Secretary.
Mr.. WALKER said that his colleague, the Hon. HEsRT
DoDsE, was in like condition, but the fact Of his election
notorious and he had received fifty letters all showing
that the election had been made Besides there were pre-
cedents to justify the swearing Of these Senators under the
circumstances.
The PRESIDENT said the Senators could be sworn, and
their certificates could be filed hereafter.
The Hon. THos. ]. RusK and the Hon. H. DoDGE were
then sworn.
Mr.. HAMLIN said he supposed that the Senate in ths
called Executive session. would have business for
Of its committees He therefore offered the following
luton:
Resolved That the committees othe Executive session Of
the Senate shall Dc formed and constituted The same as at the
session. except where vacancies have occurred and that
those shall be filed by the Chair.
The resolution was agreed to-
Mr. RUSK moved that the daily hour Of meeting shall be
IL o'elesL, s..sn otherwise ordered BY the Senate
Mr.. DAWSON expressed the hope that an earlier hour
should be agreed upon but after brief conversation the
solution agreed to.
Mr.. BERRlEN offered the following resolution, and
was agreed to-:
President Of the United States inform him that quorum
Of the Senate has assembled and ready receive any COM
muncation from him that he is ready to make.
The PRESIDENT appointed Mr.. BERR1Es and Mr..
HUNTER such committee
On motion, the Senate adj urned.
WEDNESDAY, MARCH s, 1851.
After prayer BY Rev. G M. BurLER-
The PRESIDENT directed that the galleries should be
cleared.
Mr.. BADGER Mr.. President. desire to submit. to the
Senate resolution
The PRESIDENT. The Chair cannot receive any reso-
luton permit any business to be done until the galleries
are cleared.
Mr.. BADGER. From that decision Of the Chair appeal
Mr.. BERRIEN. presume the Chair will allow the
doors to remain open while this point is being discussed
That is certainly not business Of Executive character and
the Chair will find many pecedents, showing that such bu-
sness has been done repeated occasions The Senate
been called together in Of provision Of the cons
tuition, and exercise all the rights which, separate
constitutional body it is entitled not Indispensable that
the session should be held with closed DOORS that the bu
sness transacted should be purely Of Executive character
The PRESIDENT. The Chair is not ,ware that under
circumstances such those in which the Senate now
placed any business has been done until the doors
have been closed and the journal read.
Mr. BADGER object to the galleries being cleared. |
The PRESIDENT. The Senator can lake an appeal
hereafter
Mr. BADGER. will call the attention ,f the Chair to
presidents upon this point
On the 9th Of March, 1926 the business appears to have
been done in open Senate and amongst other business DONE
the Journal states that
Son notion the twenty rule requiring one days no
tce to be given Of intended motion bring in resolution
to grant money out Of the contingent fund.- berg unanimously
dispensed WITH Mr. Seymour submitted the following reso-
luton: |
Resoed That the Secretary of the Senate h authorized to
allow and pay out of the contingent fund.- to Tobias
hundred and twenty dollars for the horse furnished
by him in the performance Of his duties messenger
The said resolution read and by unanimous consent
considered Committee of the Whole and having
amended it reported the Senate accordingly and the
amendment being coRcured the resolution read the
third time by unanimous consent and passed.
Mr. COOPER. If the Senator will give way / desire to
to the Senate the presence Of thu Hon. RICHARD
BRoDHEAD, who has been elected Senator by the Legsa
ture of Pennsylvania.
Mr. CLAY The very fact Of his qualif aon shows that
it ought not to be done in Executive session!
The PRESIDENT. The Chair, in the course of long
experience, knows instance of business having been
done at such session until the galleries havebeen cleared
Mr.. BADGER. That is the very point il question.
The PRESIDENT. The galleries must b cleared.
Mr.. CLAY do not suppose that the President has that
power The President has made his decision appeal
has been taken, and is for the body determine
Mr.. BADGER. And that is point which wish to test
At this period of the session the Hon. RcHARD BRoDHEA
proceeded to the Presidents DESK and took the prescribed
oath Of Office. i
Mr.. BADGER. understand the decision Of the Chair to
be that the first thing which is necessary to do on the meet
ing Of the Senate is close the doors and proceed to
consideration Of Executive business. will call The attention
Of the Senate to the presidents.
Mr. B. cited from the journal numerous presidents to sus
tain his position.
The PRESIDENT. The experience Of The Chair is tina.
the Senate proceeds to read the Journal with closed doors
the doors closed and then the Senate proceeds to business
Mr. BADGER. The presidents in the Journal show that
the Senate has proceeded business without closing the
doors, and the published debates Of this body show the same
thing.
Mr. BRIGHT. should like to know where our author-
ty to meet here this morning from understand that
under the Constitution Of the United States, The 3ls Con-
gress is dead We have, however, met under the authority
Of the Constitution, which gives the President Of the Unit
ed States power on extraordinary occasions to convene both
Houses either of them BY virtue Of this power he has