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


posed oin secret session In my judgment the two
provided for by two distinct rules having no refer
ence 10 each Others and if this proceeding is adopted
we shall subyer The whole system upon which the Sem
ate has heretofore acted and, the from Illinois
suggests may be subjected half dozen times day to
the process OF clearing The galleries and of shutting the
doors
MIR BUTLER | hope that all OF these matters will
be waived think that hey are taking up good deal
OF lime.
Mr. BADGER do not want 10 discuss the question
OF going into executive session But do object to the
senator from Virginia applying this rule for that pur
pose do not want 10 subyeu the practice OF the Senate
| am ready 10 vote Tor a secret session.
Mr. BUTLER | understand that the senator from
North Carolina opposes The motion 10 go nlo executive
Mr. BADGER Oh, no do not. II my friend win
allow me- the senator from Virginia is nght-when we
close The doors We are not in executive session. We
shall then have 10 debate the question in secret session.
whether we will go into executive session. That the
rule
Mr. BUTLER. 4 wish to make a single remark Sup
pose that the senator from Virginia to go to the
Presdens House, as the organ OF the Committee on For
egn Relations, alter having communicated with the Stale
Department in relation TO some matters that have taken
place in Cuba-n relation to questions deeply involving
OF this governments and suppose that he 10 rise
and say that a communication has been made by the
President which now lies upon your table, and, upon his
responsibility as senator from Virginia move that we
go into executive session. and that the galleries be cleared
certainly lie would have right TO have them cleared for
the purpose OF considering that matter And may be
in reference to this matter that ought to have been dis
cussed in secret session. II my friend from Virginia
TO come forward and say that new developments have
been made, that require to take action upon subjects
that have been discussed, and which required execn
tive session. and to say move that go into executive
upon my responsibility because there are matters
which require the despatchiul action Of the Senate,
take that It ought y be within the purvew OF that rule
| He has said so.
Mr. BUTLER He has said upon his responsibility
that he believes that the public interest requires US to
go into executive session. and he makes the motion that
the galleries be cleared hope that senators will take
my advice, and withdraw all motions, way the
other, and INTO executive session without further de-
bate move. Mr. President, ,ha, go into executive
session, and by common consent, think, we can end
all dispute. #.a.aH
/ Mr. BADGER. have no objection to an executive
Mr. STUART. If the appeal from the decision of the
Chair is withdrawn have nothing TO say; but if am
to be called upon to vote upon the appeal wish TO state
in a few words the construction which give to this
rule and for the purpose of giving my views completely,
will read il
On motion made and seconded to shut the doors of
the Senate the discussion Of business which may in
me opinion oil membeI require secrecy tue rfesioen
SHAH direct the gallery 10 be cleared and turing the ais
cusslon OF such motion the doors shall remain shut
/ Now, sir, what is the business we have before usl
The business of the Senate 10 which this rule applies
motion 10 go into executive session Upon that bus
ness, defined by this rule the senator from Delaware
Mr. CLAYToNl says that in his opinion, the motion can
properly be discussed in open session. and he accord
ngy moves TO shut the doors Now, the rule s mpera-
tive that soon that motion is made, the Presiding
Officer shall clear the galleries before il is discussed al all
As member rises and says, that the parcu
lar busisess before the Senate, move TO shut the
DOORS there is no discretion left in the Presiding Officer
of the Senate but he is TO order the galleries cleared and
the doors closed And the rule then says that the doors
shall remain shut while the Senate discussing that mo-
tionhat the motion to shut the doors. And II the
Senate, after hearing what the senator from Delaware
has say upon the subject OF this motion, decides ba, II
not necessary 10 discuss the question N secret OF GO
ing into executive session, then the Presiding Otcer or
dsrs The doors be and then the Senate
on and discusses that question in open session.
/ Mr. SHIELDS Will my friend permit me to say a
word The honorable senator says that when any one
senator asks 10 have the galleries cleared and the doors
shut, it be done and then, he says the Senate
shut the doors notiha is we FIRST shu, the DOORS
and then go into secret session to determine whether rs
/ Mr. STUART Yes sir that is the clear construction
OF the rule let 10 the senator, and the Cnly con-
sructon. II the senator will only read the rule, there
can, certainly, think, be doub, OF It's construction
The rule declares that con motion made and seconded
TO shut the doors OF the Senate the discussion OF any
business which may, the opinion OF member, require
secrecy" &c Now what Is the business that was pend
ing when the motion was made 10 shut the doors was
the question OF going into executive session. In the
opinion OF the senator from Delaware that business re-
qures secrecy-and under this rule he has right TO en-
eItan that opniop-and be accordingly moves 10 shut
the doors. Then II is the imperative duty OF the Pres'
ding Officer 10 order the doors TO be shut and the rule
goes on to say that The doors shall remain closed while
the Senate is discussing the motion TO keep them shut
that the motion TO keep the doors shut while we are
discus sing the motion 20 into executive session That
is the English Of it, and the only meaning there is in the
rule not that senator may rice IA his place and say,
"Shut the Goorsnot al all but in the opinion OF
ator the business under consideration IS such that can
not be properly discussed in open session In the opinion
OF the senator from Delaware the business under consid
Grafton, which motion togo into executive session,
be properly discussed in session. and there
fore he moves shut the doors The duty OF the Pres-
ding Officer then s 10 direct The galleries 10 be cleared
and The doors be shut, and they must remain shut
while that motion is under discussion; and II the Senate
decides against that notion then the doors are opened
again. and go discussing the motion 10 go into ex
ecutve session. which is the "busness referred 10 IN this
rule with open doors On the contrary, ii the Senate de-
that the doors should be shut, the Senate goes with
the discussion of the motion TO into executive session,
which, say again, the business referred TO- with the
doors closed, and the doors continue to be close d.
/ Mr. DOUGLAS ! have but a word to say upon this
question. think IL is important question as abect
ing the rules and therefore, If 10 decide IT. 1t
ought to be decided rightly do not think that the
business referred upon which the doors may be closed
upon the motion of the SENATOR is motion TO go INTO
executive session think is clear that this rule refers
10 case where there is discussion pending IN the Senate
when member rises and suggests that, in The discussion
OF that pending question: the public interest requires ihe
doors be closed Upon that suggestion or motion the
doors be closed until the Senate decides Inc ques-
on whether not they ought TO be cosedi wheher or
not the subject should be discussed in private or in pub
lie. The rule only refers TO pending discussion IN the
Sena,e-o matter OF legislative business If you please,
which is being conducted in open Senate in The course OF
which discussion suggestion ia made that IT is not prop
er that the discussion should 60 in open session, bot
that the doors should be closed. The Senate, in that
case would close the doors in order TO decide
that mint According the rule. a motion ade and