The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-01

The hour discussing the motion of the honorable chairman
OF the Committee on Foreign Relations. In order 10
discuss properly, have TO talk OF matters OF which
we cannot speak in public. insist therefore, that the
rule shall be observed.
The PRESIDENT. If the senator asks that the gale
rles shall be cleared The rule Imperative and the Ser
geanta arms is directed 10 clear the galleries.
Mr. BADGER hope that order will not be made
That rule OF the Senate has no application at all to mo-
ton TO go into executive session Ever since have
been IN the Senate, now eight sessions the question has
always been considered open TO discussion. That rule
applies to case where member OF the Senate an
nounces. IN his place, that certain subject under the
rsteaton OF the Senate, or about 10 come under he
consideration OF the Senate ought not to be considered
except with closed doors The Senate by that rule de-
senator that before proceeding further, the doors
shall be closed But ordinary motion TO proceed to
contemplated by the rule. Who gets up here now and
says there is particular subject which requires that The
doors shall be closed
The PRESIDENT The senator from Delaware
Mr.. BADGER. No, sir the senator from Delaware
suggest that, because the motion before the SEN
ale is TO proceed to the consideration OF executive BUSH
ness Should that be adopted another rule requires
that the Senate shall be cleared
Mr.. RUSK Should that be considered with open
doors is the question:
executive session The rule of The Senate is clear that
when the Senate proceeds to the consideration OF execu
tive business strangers shall be excluded The other
rule applies TO different altogether The question
is now a motion for an executive session.
MIR. CLAYTON. II ever there was question which
secretly
cuss subject which we cannot discuss in public.
! Mr.. BADGER Not at all
| Mr.. CLAYTON. Undoubtedly are. Clear the
galleries, and will show you in five minutes why it is
impossible discuss this subject without stating matter
which cannot under the rules of the Senate be stated in
open session II there ever was question which re-
qnired secrecy it is this insist upon the rule; and II
there any difficulty about the echnicaly OF the motion
hope The chairman of the Committee on Foreign Rela-
MI Mr. Mason vary il; and in the language of the
| rule. move "to shut the doors of the Senate"
| Mr.. SHIELDS The question will then be upon that
| Mr. MASON This is the rule of the Senate:
son motion made and seconded shu, the doors of
the Senate the Of any business which may In
the opinion OF member, require secrecy the President
| shall direct the gallery to be cleared"
| The PRESIDENT The rule is peremptory
| Mr. BADGER. Now, beg 10 submit II we are gong
10 the rules OF the Senate have nothing 10 say
but think ought to know what we are doing. The
case provided for BY the ae which has been read is
where subject under consideration IN the Senate
and suggests that that subject ought not TO be
considered except with closed doors This is motion
to go into executive session senator may say, "Why,
there is no subject before the Senate but that notion"
What subject is there here Are we going to reverse
the rule and say now that gentleman may clear the
galleries his will and pleasure, and have us go into Sc
cet session without taking the sense OF The Senate BY
this should place ourselves IN very singular
situation 1t the first time that any such attempt has
been made in sight sessions OF the Senate hat have been
here.
Senate avail myself OF the rules OF the Senate 10
get at the discussion OF important public business, which
requires that the doors shall be closed.
| Mr.. BADGER What is the business" before The
| Senate
| Mr. MASON. move " TO shut the doors of the Sem
ate - and understand by the rules that when that mo-
ton is made and when in the opinion OF the member
making the discussion OF the business brought before
The Senate should be in secret the President OF the Sen
ate is 10 direct the galleries TO be cleared .....
MIR PETIT But we shall not then be 10 executive
Mr., SHIELDS will the senator from Virginia be
good enough specify the subject which he bases that
molionl
Mr. MASON will communicate it to the senator
with great pleasure, but TO him only in secrecy
/ Mr. SHIELDS But want u communicated TO tbe
Senate. understand that the rule which has been read
MIR RUSK. call the senator to order.
! MIR SHIELDS. ! am in order; am arguing point
| The PRESIDENT The Chair is OF opinion that as
motion is made TO shut the doors It IS the duty
/ OF the Char direct the gallery 10 be cleared
i Mr SHIELDS. | appeal from that decision, and /
wish to state my grosnd-, briefly, for the appeal.
j Mr. BUTLER. hope All these technicaliues will be
put aside, and that will now 90 into executive session.
az have no, long time 10 be detained and hope we
shall not take up the homestead bill at this hour OF the
day The homestead bill seems TO be popular measure,
and il likely to be taken up for consideration. There
is no difficulty upon that subjecDone al all agree
with the honorable senator from Delaware, Mr. CLAY
ros that 10 discussing the relative merits OF The subjects
which call for the cnsideraon OF the Senate the merits
OF one thai be considered IN open session can be dis
cussed here, while the mels oil the one that should be
considered IN secret cannot be now discussed IN
all governments there class OF subiects-parcusriy
those thai pertain 10 togn relations, TO war, TO ueaos,
and all matters oil that knd-that require despatch and
whenever the Executive sends communication TO the
Senate requiring the Senate 10 deliberate upon such sub
ecs they have always according To usage, been consd-
cred as privileged questions hope therefore, That we
NAV go INTO session feel no great interest IN
these questions but il does TO that the usage
the constitutional usage, and, think, the safe usageoi
this body is at least consider those matters hsi which
require despatch, and which ought 10 be disposed OF at
once
n MIR SHIELDS | will now state what understand
10 be the meaning and purpott OF this rule Whena sub
ect arises before the Senate, by accident otherwise,
which circumstances growing out OF our relations,
abroad al home may require TO be considered IN secret
session. then senator may make this motion But thIs
case where motion is made 10 go into executive session
and that motion be considered and voted upon in
open session IL neither be considered Soted upon
in secret session
4 Mr.. BRODHEAD. | arise to question of order.
wish TO inquire whether debate upon an appeal from the
decision OF The Chair is 10 order
The PRESIDING OFFICER The Chair is OF the
opinion that II ia.
4 Mr. SHIELDS | have stated, Mr.. President that in
my opinion from hearing the rule read, the meaning and
intention OF that rule is that the subject must be that
ought be considered in secret session, that
senator may think ought to be considered in
But il the subject is evidently one that must necessarily
be considered IN open session. then think that the doors
cannot be closed and whyi There is motion made to
go into secret session. and vote that motion
Are 10 vote upon in secret or in open session Mos,
certainly TO vote upon u IN open session Now,
every who gives vote in open session ought 10 be
allowed 10 give his Tor that vote open session
will do give OF secret session. and
then open the doots and give vote without, being able TO