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

does not feel himself justified in receiving any business
legislative character until the doors have been closed and
journal read The Chair admits that there has been bushes
done such sessions In open Senate which relates to the
ganizaon Of the body, but the Chair has known il
beyond that's and, entertaining such an opinion in cas-
like this when the Senate 10 called together for executv
business ne cannot In this stage Of the business receive h
resolution which has been submitted IT, however, an sppes
Senate.
Mr.. MANGUM. The practice Of the Senate has beef
against the decision of the Chair After the Inauguration
Gen. Harrison, the Senate proceeded to the consideration
business open session. amongst which the removal
Blair kyes the printers to the Senate a. Is shown by tn
extracts which have been read from the journal OF Is4l
that session the Senate called by the usual proclamation
They returned from the poco after the inaugural ad
dress OF Gen. Harrison had been delivered and amongst th
other business done my motion 10 remove the prners
which occupied three days In the discussion and
deal of feeling but exception was taken TO its ben
done 10 open session.
MI. HALE. The debates show the facts sdverted to.
have before report of the proceedings of the Senate w
years ago. The Inauguration took place upon the fifth
March, the fourth being Sunday On Tuesday March 9th
the journal shows that
'The oath prescribed by law was administered 10 III.
Hon George E. Badger whose credentials read and es
Mr. Corwn the credentials OF the Hon Salmon
Chase elected Senator by the General Assembly Of IN.
1919 which read and the oath prescribed By law wal
administered to Mr. Chase, and he took his seat in the
Senate. N 81 R
"Mr Miller submitted the following resolution which wa,
considered BY unanimous consent and agreed to:
Resolved, That committee consisting of two members
appointed to wait the President Of United States and
INFORM him that the Senate is assembled and ready
any communications he may be pleased to make.
The committee was appointed other business
On motion by Mr.. Douglas the oath prescribed by law
was to Mr. Shields whose credentials read
and filed the Cd Instant and he tosk his the Senate
Sesate proceeded to consider the resolution submit
Yesterday Walker
the Hon Jane, Shields and having been amended il
Resolved That the certificate Of the election Of the Hon
James Shields to seat n this body be referred select
committee consisting Of five members, with instructions
az .ns aa seat
Before the adoption of this resolution there was debate
which find reported in the National IntelIigencer extend
ing 20 three columns believe spent much time that
Mr.. SOULE. The debate which arose was on the oues-
ton raised whether Gen. Shields had right to retain his
seat &c"
Mr. MASON. understand the question is whether this
not an executive session. and whether not the duty Of
The presiding officer to order the doors to be closed without
notion 80
The PRESIDENT. It's.
Mr. MASON. It is perfectly clear that whatever power
me senate possesses, in executive session. any other
session, derived from the constitution and from no other
quarter We must look only the constitution for whatever
bowers we can exercise But there is unquesonaby rule
the Senate which requires that the thing upon the meet
OF the Senate, whether In executive open shall
ule Of the Senate is:
The President having the chair and quorum be-
present. the journal Of the preceding day shall be read
made in the entries" r~
Now think it is perfectly certain under the rules of the
that the Of executive session cannot be read
Until the doors are closed
MI. DOWNS That occurs at every executive session.
The journal of the preceding executive session is read
MI. MASON. / tand IL 10,
o-day.
Mr.. DOWNS. None but public journal. There is
ourna to Be read for we met in public session yesterday
mr.. MASON. II there is journal to be read which is
lot an executive Journal suppose moton close the doors
would not be in order until il was read
Mr.. bRlGHT. The point which make is this We can
old no other than executive session we must first 90
nto executive session 1t requires motion to do so and it
tne OF tho Chair under the rules, declare the body
executive session. Whether cam in executive ses
lon consider proposition executive in it's character will
epend on the sense of the Senate after are in executive
esson and proposition Of that kind offered It could be
moved open the doors to proceed to the consideration of
legislative business and thus decide that question ask now
Or the reading Of the Journal That brings up the point
whether or not requires motion close the DOORS ask
nat the journal OF yesterday may be read that the Senate
nay determine whether not in executive session
Mr.. CHASE The constitution is snAicient
uosion we couple previous practice Of tne
enate. The constitution provides that Congress shall meet
the first Monday Of December in each year, unless Il De
y s Houses
ither of them Under that provision the President upon
THAT he deems extraordinary OCCASION has convened the
enate. With what powers has the Senate assembled
pprehend is the occasion which determines the extent
the power and the character of the body the consu
onal provisions determine its character is the Senate
nat is assembedthe complete Senate, clothed with all its
powers 1t 10 not the occasion upon which
assembled which determines the powers Of the Senate.
President instead of converting the Senate had upon
extraordinary occasonsay the failure Of the appropriation
convened both Houses Of Congress, would not the two
Houses have been complete Congress, adequate to the
transaction Of all business which any Congress may transact
suppose there be doubt that point and if there
doubt upon that then this Senate the Senate
led, is complete Senate.
We met yesterday upon this extraordinary occasion for the
s time and every Senator will remember that all the bu
mess which then transacted transacted in open
esson the galleries not cleared the body here
lohed with its full powers all the business transacted
transacted in open session. and if there be any journal to
cad, it must be the journal of open session If add
this the fact that nearly the whole Of the called session of
s49-when FIRST had the honor to participate in the pro-
eedngs Of this bod-was open session, to to
etle the point.
Mr.. RUsK. The principal reason have heard assigned
Why the doors of the Senate should be closed h that under
he rules the journal of the preceding day should be read
Now, there journal which be read under the rules
this continuous Of the Senate which yesterday Not
It all
SEVERAL SENATORS. Yes it is we were recognized
yesterday.
Mr. RUSK The journal must not necessarily be read on
be first day Of meeting of the Senate called by the Pes
lent for the transaction Of executive business We yes
eday with open doors. We did not go into executive
'ession yesterday at all.
Mr.. MILLER. Perhaps the Senator means the last ex-
scutve journal ought to be read