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

questions or upon any resolution and compel the gale
es TO be cleared and The doors be shut That is the
construct on put upon this rule.
Mr. BUTLER Let US go INTO executive session
That is the best way 10 dispose of the question.
MI, SHIELDS As have already remarked, | am
willing to go into executive session, but in this way
This is very important questions permit 10 say Ac-
cordng to this construction OF the rule, any member OF
ths 2ody ea upon any and all occasions, arise and com
pei Inc kaenes 10 be cleared and the doors to be Shut
pose OF the rule
Mr.. BUTLER II war was impending coald arise
upon my responsibility and move that the doors be shut
| Mr., CLAYTON. will suggest TO my friend from IL
lnos that, unless this rule is enforced, any member OF
he chooses while a war is impending.
Mr.. SHIELDS. That would be singular abuse of a
rule which was intended for wise and saluary purpose
resoro y under these circumstances. | am willing to
| go into executive session, but not in this way.
| Mr.. HAMLlN. ! wish to say in very few words
what is my opinion in relation to the decision of the
Chair II seems to that II senators will look at the
rule, and look at the action of the Senate, and at the
subject matter pending before the Senate, there
decision OF the Chair. II me-takDg into con-
sderaon the ruling OF the Chair and the state of things
now existing IN the Senaetha there can be no reasona
BILE doubt that the Chair is right Let what the ex
is'ing state OF things is, @
/ The senator from Virginia that the Senate pro-
ceed TO the consideration OF executive business That
the pepa,ng motion The senator from Iowa MIR. DoDGE]
suggests why the Senae should not proceed
to he consideration OF executive business that there is
ian0 DILL, known as the homestead DILL, which sHould
be considered this morning The senator from Calfor-
MIA Mr. GwIN suggests that there is bill known as the
Pacific railroad biln and The from Pennsyva-
MIA LMr RRoDHEADl suggests that there is another bill
all subjects OF legislative character, which ought 10 be
considered Now, TO discuss this question fairly and
fully in order to determine with proprety whether
shall remain in legislative session and act upon those
measures, whether shall 20 into executive ses-
sion matter Tor what purposeit executive pur
poseihs rule applies and II is for that precise purpose
that was made. Not that are to go at once into
executive session, but il the motion is made close the
DOORS the President orders the gallery to be cleared and
then we discuss falry without any restraint the ques-
tion whether we will proceed 10 executive duties, OF
whether will proceed the discharge Of Legislative
duties When you have thus applied this rule you have
the presented to that you can discuss the
propriey OF one course well as The propriey OF the
other. While in legislative session, we can only
discuss the poprey Of proceeding the discharge OF
legislative and not OF executive duties That is my
/ Mr.. BADGER. think, sir, that the attempt of my
| friend from Name upon this subject has not been
successful in showing that the senator from Illinois is moi
right An attention TO two rules OF the Senate will
think, all difficulty upon this subject. By the
4lst rule OF the Senate il is provided:
When acting confidential executive bu sness, the
the principal or the executive clerk The
and Doorkeeper, and the Assistant Doorkeper."
| The Senate, therefore, has general standing rule
that when proceeds to the consideration OF executive
business strangers shall be excluded. Now, gentleman
arises and that the Senate proceed TO the consd
Grafton OF executive business That is the question
|
! Mr. MASON. Not now.
! Mr. BADGER. Certainly IT is.
Mr. MASON. moved, In the precise terms OF the 18th
rule 10 shut The doors OF the Senate.
/ Mr.. BADGER Very well; take il that way
Ihen there is no question before the Senate There
no subject before The Senate. senator arises in his
place, and says that he 10 shut the doors OF the
Senate Now, let if that helps the stale Of his
case. The 18th rule upon which this motion is found
ed, is this;
"On n motion made and seconded to shut the doors o
/ he on he uiscu III uuy bugtp
Now If we have no question before us-f there is nc
"business" before uswhat is the subject matter which
lis before the Senate on which the senator makes h'
motion to shut the doorsi See how curious it is On
motion made and seconded shut the doors OF the Sen
ate, The discussion OF any business There must be
something here o the nature OF business Have rigb
10 come in here the that the President takes his
in the morning. and move shut the doors OF The Sen
ate and turn body out ecause in my opinion, there
Senate in the Of the day which requires that there
should be discussion in secret Surely not rbe rule
is "on the discussion OF any business" Not executive
business, of because we cannot touch executive
business until the doors are closed
I Mr. MASON II the senator viii allow me, will re-
lieve mysef and the Senate OF this difficulty lnasmuct
as tins matter sprang up in hurry, from my anxiety tc
get the Senate TO 20 into executive session. made tha
notion upon the suggestion oil the senator over the way
that TO preclude discussion would better adhere tt
the rule | am satisfied that the true motion is tC
proceed TO the consideration OF executive business
WILL therefore, withdraw my motion 10 shut the doors O
the Senate and move to proceed TO The consideration OF
executive Dusneshi uHutI ueiel, uPoh my
spopsiby 10 my place. that this question requires ha
The galleries should be cleared move, ancillary
10 that motion that the doors Of the Senate be shut.
/ Mr. BADGER. Very well that is the same question
i Mr SHIELDS As the senator from Virginia with
draws his mo ion, withdraw my appeal.
! Mr. BADGER. renew the appeal because the sena
tor from Virginia makes the same demand TO shut th'
doors OF the Senate have objection that the rule
OF the Senate shall be amended to provide that h'
question of going into executive session shall be decided
without debate. have disposition TO debate this
question; but have not the least idea IN the world o
having the rules and the whole practice OF the Sena
overturned for the purpose OF having an executive ses
sion.
Now air win fall back upon the question under ths
consideration OF the Senate which. the honorable senate
from Virginia suggests in his judgment, requires that h'
doors should be closed requires secret session II IL
the motion 10 proceed TO the consideration OF executive
business Let US see There is, then, no business be
fore the Senate There is motion that shall proceed
10 the consideration 81 some business or other.
i Mr. MASON, Will the senator allow me to ask
question: Is not motion 10 go into executive session
l"business" pending before the Senaei
1 Mr. BADGER. No, sir. II has no reference 10 busl
ness in the of this rule The meauing OF this ru
is beyond all dispute that when there before the Sen
ate any question: subject, business IN lis nature
legislative character ordinarily to be transacted IN opei
session, and if a senator makes motion to shut tb
DOORS stating as his opinion, that bs business requires
secrecy 10 20 into secret sessionnot executive
sessonand when in that secret session we are TO dis
cuss the propriey Of that motion The doors are to b.
kept closed until we have decided upon the proprety
the motion TO consider the business in executive session
Il According TO the idea OF the senator IRON Vrg'nIa
the motion to proceed to the consideration oil executive
business IA itself business" before The Senate wthir
the meaning of the rule and that question Is TO be dis
cussed in secret, Very well then the Senate proceeds
-. = 4 49, IL. h.,