The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-04-01
THE UNION.

persons There must be some remedy--some mode OF
reaching such case, This is the proper mode When
the first individual improperly called attempts to VOTE that
is the time 10 challenge him. exactly in the manner that
we challenge Juror. We then proceed to ascertain
whether is just and proper for the individual TO vote
We must ascertain the eompetencyo the individual chal
lenged before we 20 a step further. We might well
call The rest OF the besides the individual chal
Mr.. DICKINSON Let me suggest that time is too
precious 10 be consumed but, whatever may be the
suit Of this question, that the question may be taken
ery 10 decide no such question this presented
II IS question that does not come within his province at
ALL The senator from Indiana is senator IN this Con-
gress II the Congress is at an end the period has
Closed then none OF senator's, so far as voting IN
this Congress is concerned The list Of senators made
out for this Congress is before the Clerk He is calling
the names The Chair is pot at liberty strike OFT any
one nor to decide that any one is not entitled 10 yoe; u
The Senate decide that the session continues the Shal'
is not at liberty, according to usage TO adjourn the Douy
| The Clerk will proceed with the call.
| The Clerk proceeded with the call OF the roll
| Mr. CASS, (when his name was called am no
longer a member of the Senate. am only looking on
Mr. DAVIS, of Mississippi. (when his name was
caed With The indulgence Of the Senate WIN say
thai my own mind is no. At al satisfied al
IL O'Clock, m OF the 4th OF March OF his hrs iu Urn,
and every President from tina. time forward mas
inaugurated at the same hour, and as every sena.o
term was for six years that the session may spv h;rh
until 10 o'clock tomorrow But the weight OF very n,gn
my Gwn bs ana A the Sem
have not come TO decision, ask to be excosea from
voting. n, u;.
been BY the President OF the United States 10
meet as member of the next Congress at ITS rst session.
which understand is to begin on this day. 90 not un
derstand myself to be member OF the last Congress-
which expired al IL o'clock. cannot vote.
The result, was-yeas 5, nays se--as follows
YEAs-Messrs. A.ch,on Borland Clemens. Foots. Hale,
NAYs~Messrs Badser Baldwin, Bell. Bradbury.
Bright, Cooper Davis Of Massachusetts. pa ~son Dodge
Fetch, Greene, Gwin, Houston, Hunters Jones, Miller
Morton, Norris Pearce, Pratt, Rpsk, Sebastian Seward,
Shields, Smith, Spruance, Underwood uPham, Wales
and Whi,comb-36.
So the Senate refused to adjourn.
Mr. DAWSON For the purpose OF expedlng what
every member Of the Senate will concur in the motion
about 10 make; at least every one ought move that
the river and harbor bill be laid upon the table for the
present TO take up the appropriation bills
| Mr.. MASON 1t has now become ndispensably ne,
cessary for the Senate determine who members and
who are not. have declined voting because do not
consider myself member of the present Senate, the hour
of IL having passed cannot vote upon any motion that
is made. But shall not renqush my seat here until
this session adjoIrns or am sworn into new Senate
Mr.. DAW SON. The Senate cannot instruct IN mat
ter OF conscience Ii upon the senator's own lndlvd
ual responsibility that he shall retire from the Senate or
refuse to vote All have to state is THIS There has not
which has sat to three in the morning. or even TO seven
O'Clock the morning of the 4th OF March. The ques-
ton OF The from Mississippi has been uniformly
debated. recolect that nominations have been made
TO foreign courts after sunrise on the 4h OF March All
desire is that we lay this bill aside, and make the
necessary appropriations 10 carry on the government and
not place the government in the unpleasant position OF
being forced 10 call extra session OF Congress- have
sought this from the ginning and hence my MOTION to
| lay upon the table is without argument
Mr.. MASON. rise to question of privilege. de-
mand that this Senate shall determine whether new
Senate is session, and whether the former Senate
has expired demand il in the form used by my friend
from Mississippi, that shall be sworn into the new
Congress OF the United States 1t is competent for the
Senate decide that question: and shall acquiesce in
Mr. DAVIS of Massachusetts, There is very ready
answer that This is not the body to settle that ques
ton Ii is out of order for body made up OF one-lhrd
of new members to settle that question.
| The PRESIDENT. The Chair could not undertake
to administer the oath to any senator coming into
new Congress. This must terminate before new one
commences and the Senate have refused BY vote to
terminate it, The Senate OF the United States have
on various occasions continued to sit after twelve
O'Clock at night the Sd OF March and several tunes
until next morning al seven eight o'clock, senators
(many of whom here) have continued TO vote upon all
the questions they arose up TO the time OF adjournment
and upon the ground that according TO the custom
OF legislative bodies The opinion OF the Chair would
have BEEN that at twelve O'Clock al night the session
end and that the had ceased but the practice
of Senate the Chair has stated has been different
1t is utterly impossible for the Chair to swear in any men,
Der OF the new Congress until this Congress adourns
! Mr. MASON. The Senate can alone decide the ques
ton and in order to ties, it, that the Senate ad
| journ.
MIR DOUGLAS If the Senate will allow me, I will
| offer a resolution 10 settle the question.
| Mr. MASON withdrew his motion.
| The resolution was read, as follows
Resolved That inssnuch this session Of Congress does
expire under the constitution unit IL o'clock the 4h
OF March instant therefore the Hon JAMES NJ MAsos
eect from the State OF Virginia, is entitled mks
the oath OF office at this time. e#-ss5t
Mr. DICKINSON. Mr. President. did not vote on
the motion adjourn, more from deicacy than
question OF right, because supposed was offered in
order 10 settle the question whether the had
minated not have doubt the expiring senators
have right continue here long the session OF
Congress continues; and, the Senate having determined
by large majority that they would not adjourn, shall
consider myself hereafter entitled 10 long the
session continues. And now let say, that hardly
deem II worth while TO continue the discussion OF this
question Have the Senate already settled the ques
ton presented in behalf of the senator from Virginia. Ii
to they have and not worth while to spend
our valuable time upon this question any longer.
| Mr. FOOTE. The other question was SIMPLY mo-
ton to adjourn, and ye bound to meet the copst
tutional question and settle it, Some OF think the
constitution is quite plain but perhaps will abide by
the action OF this body out OF Difference 10 the body of
which members believe that, in the history OF
this country have not yet had any resolution of this
sort adopted declaatory OF the true doctrine on the sub.
lect and hope we VIII now have a precedent estab-
lished, that will be sufficient guide for the future
| Mr. DOUGLAS. ! have so modified my resolution as
to read:
Resov,d That, inasmuch a, the I'd session Of the
O'Clock of the th March Instant the Hon. JAS M Mason
elect from the State OF Virginia, entitled to
take The oath of Office at this time.
| Mr. UNDERWOOD ] beg leave TO offer a very few
remarks. have before book containing the com
missions OF all the senators present will read that OF
my friend from Virginia
| 1.-THE honorable senator then read the commission
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