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

MEsHALk ME- MasousS offered . resolution that the
vacancies upon the standing committees be- allied by the
Shar MI DOUGLAS arose to question .oi privilege IN
TIE case OF Gen SHIELDS, which discussed at great
leng That Is on Inc journal OF the Senate years
ago More Than half OF that session spent ih open
door hey never went into executive session without
Mr. lMAkGUM I understand The question Is this
whether The Senate does not meet IN executive session
without the action OF the Senate, 10 have the doors
closed That Is the question Now presume, sir. the
upon bin BY he rules Of the Senas suppose il is per-
ecly evdeat, whatever power this Senate possesses
executive session, or IN any Other session, il derives
from the constitution and no other quarter Well. what
powers can exercise, as understand the senator
from Georgia Mr., BERsIEsl TO say, powers We can
look only to The constitution for But there is a rule
unquesuonaby, OF The Senate which requires the first
thing upon the meeting ot the Senate to DC the reading
Of The journal The President having taken The chair
ADD quorum being present. The journal OF the preceding
day shall be read the end thai any mistake may Be
corrected that shall have been made in the entries" Ills
very evident that when the Senate meets. the executive
Journal cannot be read unless the doors are closed
Mr., DOWNS How can we read journal when we
have none Aa
Mr.. MASON There is no journal. h
Mr. BERRlEN. Certainly moi for the first day
oEsAIok, there Is journal for yesterday,
MI; MASON II, then. there is an executive journal.
mO0n TO close the doors would be in order
Mr. bright Mr.. President. the point make is
this We can hold no other than executive session
we mus. hrs 70 into executive session. and il requires
under the rules, to have the doors closed in executive
session Whether we can transact business that ia moi
executive IN It's character will depend upon the OF
Inc Senate alter we are In executive session When that
point comes TO be proposed, and motion made open
The doors for The purpose OF going into legislative bust
ness, hope 10 be heard But ask the reading of the
Journal as that brings Up the point whether or moi it
CURES motion 10 close the doors ask that the journal
OF yesterday may be read II for The Senate TO deter
mine whether ii is to be read in open or executive SEES
| sion.
| Mr.. RUsK. | submit, whether there is any Journal
Mr.. CHASE. Mr. President. apprehend resolu
ton will be sufficient settle this question: il we couple
with the previous practice OF the Senate The cons
tuition provides that the Congress shall upon the
| hrs Monday IN December in each year, unless it be
otherwise ordered by law Now, sir il provides that the
PRESIDENT may upon extraordinary and important occa-
sons, convene both houses, either of them Under
that provision the President, upon what he conceves TO
be an extraordinary OCCASION has convened the Senate
now With what powers has the Senate assembled ]
apprehend It IS not the occasion which determines the
question OF power the character of the body, hut the
constitutional provisions which determine the character
OF Inc BODY II Is the Senate that is assembed-the
complete Senate, qualified with all lis consta iona
powers It's not the occasion upon which il has
bled which determines the powers of the Senate IT. Mr.
President, the President of the United States had con
i vehed the Senate upon extraordinary occasion-he
failure OF the appropriation bs--if he had convened
both houses Of Congress. ask whe,her both houses OF
Congress wosd not have been complete Congress, ade
qnae to the Transaction OF all business which any Con-
gress has Transacted suppose there would be doubt
upon that point, If there is doubt upon that point
then THIS SENATE Is now complete Senate. Another
mark 1 submit to the consideration OF the boJy. We
met yesterday upon this extraordinary occasion for the
first tme and the business then transacted was in open
session. the galleries cleared the body was here
clothed with Its full powers; the galleries full looking
on and business was transacted in that open session
Ii there s any journal, must be journal of open
j session. That is the fact OF the matter Nearly the
whole Of the business of the in which had first
the honor OF sitting in this body transacted in open
| session, both upon practice and principle.
Il MIR. RUSK. Mr. President, have remark or two TO
make The principal reason have heard assigned why
the doors of the Senate should be closed was that we
II he nal nf he uttvo
session. Now, there is 40 journal that read.
THIS is not the continuance OF the Senate that yeser
MIR. DAVIS, of Massachusetts,, lin his seat) Yes il is
4 we reoIsanized yesterday.
i Mr.. RUSK. There is journal to be read. Al the
hst meeting OF the Senate called BY the President for the
Transaction OF executive business there journal il
must necessarily be read The honorable senator does
no, understand me. supposny this the first meeting,
as saying we have done wrong because we went into
session with open doors We did not 60 into executive
session at all-he doors were open.
/ The president stated the circumstances with re-
gard this special meeting OF the Senate remakng thai,
no business OF an executive character transacted
Mr. RUSK Then there 10 no reason why the journal of
the open session yesterday should not be read say
al the first meeting OF the Senate under the call OF the
President, there IS no journal under the rule that be
read. 9t ~
Mr.. SOULE, lin his seat That is the true position.
Mr., RUSk, II is not continuance, but II is new
alton OF a former Senate Therefore they can have no
weight upon IT. The question IA, whether meet in
executive sessionin other words with doors closed
open We set the presidents ourselves. We sat with
doors open, transacted business with doors open and APP
pointed committees with doors OPEN so is too late TO
discuss that question, II seems 10 me.
/ Mr.. BUTLER. Mr.. President, 1 have a very clear
opinion upon this subject think my opinion entirely
IN conformity with The precedens Now, sill, suppose
the President OF the United States had made a
cation calling this Senate together, and imposing upon
Them the condition that they should do other business
except that which must be done with closed doors
should have denied the right OF the President 10 have
/ any is m m apd
by the Chair that necessarily we must go into executive
| session the moment we meet Now, SIR, where is The
distinction SO tar regards the previous arrangement
In conformity with the Organization, far II regards
the king OF the machinery by which 10 transact
the business OF the session, must necessarily proceed
10 other business. The very organization which took
place yesterday moi in secret session and thus day
the question OF privilege might arise whether OF the
members who in to be might be entitled to
right, and hs constituents would have right, TO bear
the claims 10 his sea discussed That is The ogzniza
ton OF the body and not only rsgards ths organ
ization, but regards the appointment OF the officers
a II regards now the resolution that 10 be introduced
here yet pending be proper 10 compensate these
oieeIs employ 0fhcers. do not know what the
OF il is may take different view. That not
efeabe 10 business which may be done under The eopst
tuition, contradsngushed 10 that which must be done
In scent serson | hold the Senate mus, necessarily
have seltpresefviag powers under the constitution and
independent OF The terms upon which called by the
President Sir does seem 10 me sou must go Through
thss ysemnary process OF the recevlag
of such communications would be necessary to carry
into operation The measures OF the Senate IL il
evident 10 everybody IL must have these powers. IL
may be necessary TO expei one of these new members
adn fuaro Ia