Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1860-01-20
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SENATE.

Mr. Hunter offered resolution to print O. 500 extra
copies of,he Secretary Of the Treasurys report Refer
red.
Mr. Brown introduced series of resolutions to the eff
feet that the Territories the common property OF all
the States and that the citizens OF all mad right to enter
into them with their property recognized by the const
tuition That it the duty of the law making power,
whether exercised by Congress Territorial Legisa
lures to pass laws for the protection of such property
and n,ructing the Committee Territories, in report
inc bills for the organization of Territories to insert Il
clause requiring such protection; and in the Terri
tora Legislature fails comply Congress apply rene
dy The resolutions lie
Mr. Gwiu introduced bill to facilitate communica-
ton between the Atlantic and Pacific States by electric
telegraph
Mr. CLAY introduced q bill declaring the assent of Con-
gres to any act which may be passed by the Legislature
of the State of Alabama authorizing the municipal au-
thores of the city of Mobile to impose and collect duty
on the tonnage of vessels entering the port ot Mobile
which was read twice and referred to the committee on
commerce.
Mr. BENJAMIN introduced bill to amend the existing
laws relative the compensation of district attorneys
marsha and clerks of the Circuit and District Courts OF
the United States which read twice and referred to
the committee on the Judiciary.
Mr. Hale introduced private BILL and asked its i'm
mediate consideration. Objection made that the
Senate could do legislative business until the House
was organized. On this question long and animated
debate sprung up.
Mr. Fessenden could see reason why the Senate
should not 90 on and mature bills and have them ready
for the action of the House when they should become in
condition to proceed with legislative business. This
might occasion a saving OF time.
Mr. Mason said the Senate clothed with no legis-
ative powers. The constitution says that all legislative
powers shall be vested in Congress- consisting OF the
Senate and House of Representatives There is Con-
greSs until both Houses regularly organized and I'M
iii there is Congress- neither House has legislative
power The House OF Representatives cannot act until
its mem have taken the oath of office. In his opin-
ion thee-was now as complete absence oil House OF
Representatives if none had been elected Until there
was House of Representatives there no Congress-
and until there was Congress there legislative
power.
Mr. Hunter said he had not examined this question
very thoroughly but he inclined to with the
Senator from Maine. He supposed the House of Rep
resentatves was a House without Speaker and he
saw no objection to the passage of bills by the Senate in
the present state of affairs. Yet he did not suppose
there would be any great gain by doing and the only
effect might be embaass the House and perhaps give
offence to them.
Mr. Fessenden remarked that the President had sent
his TO the Senate and House of Represen
tatves thus recognizing the fact that Congress was in
session. He evidently considers it House, far
that he could recognize it as a body There would be
many difficulties in taking the opposite ground in not
considering it House for purposes, and not con-
sidering Congress in session.
Mr. Clarke said the constitution provides that Congress
shall assemble the first Monday in December. Unless
Congress in session. therefore, the constitution has
not been carried out.
Mr. benjamin stated that the constitution further pro-
vdes that the House of Representatives shall choose its
officers. They hence clearly House before officers
are chosen
After some further debate, Mr.. Hale withdrew bis mo-
ton.
The Senate went into executive session. and after
adjourned.