The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-01-19
PROCEEDINGS OF THE TIIRTYSIXTH CONGRESS.

SENATE.
WASHINGTON, JAN 1S.-Mr. GwIN introduced
bill to facilitate communication between the Allan
tic and Pacific States by electric telegraph.
Mr.. CLAY introduced bill declaring the assent
OF Congress to any act which may be passed by the
Legislature of the State of Alabama authorizing
the municipal authorities of the city of Mobile to
impose and collect duty on the tonnage of vessels
entering the port of Mobile; which read twice
and referred to the Committee Commerce.
Mr.. BENJAMIN introduced a bill to amend the ex-
sting laws relative to the compensation of district
attorney, marshas and clerk of the Circuit and
District Courts of the United States; which was
read twice and referred to the Committee on the
Judiciary.
Mr.. BROwN introduced a series of resolutions to
the effect that the Territories the common pro-
perty OF all the States and that the citizens of all
had right to enter into them with their property
recognized by the Constitution. That it was the
duty OF the awmaking power, whether exercised
by Congress or Territorial Legislature to pass laws
for the protection of such property, and instrucng
the Committee on Territories in reporting bills for
the organization OF such Territories, to insert a
clause requiring such protection, and in case the
Territorial Legislature fails to comply, Congress to
apply remedy. The resolutions lie over.
Mr.. HALE introduced private bill, and asked its
immediate consideration. Objection was made that
the Senate could do no legislative business until
the House was organized. On this question long
and animated debate sprung up
Mr.. FEssENDEN could see reason why the Sen
ate should not go on and mature bills and have
them ready for the action of the House when they
should become in condition to proceed with legis-
latve business. This might occasion saving of
time.
Mr. Mason said the Senate was clothed with no
Legislative powers. The Constitution says that all
legislative powers shall be vested in Congress
consisting of the Senate and House of Representa-
tives There is no Congress until both Houses are
regularly organized; and until there is Congress-
neither House has any legislative power. The
House of Represen tatives cannot act until its mem
bers have taken the oath of Office in his opinion
there was now as complete absence of a House of
Representatives as ii none had been elected. Until
there a House of Representatives, there was no
Congress; and until there a Congress there was
no legislative power.
Mr.. HUNTER said he had not examined this question
thoroughly, but he inclined to concur with the
Senator from Maine. He supposed the House of
Representatives was House, even without Speak
er; and he 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 so doing, and the only effect might be to embar-
rass the House and perhaps give offence to them
Mr.. FEssENDEN remarked that the President had
sent his annual message to the Senate and House of
Representatives, 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 a House
for some purposes, and not considering Congress in
session.
Mr.. CLARKE said the Constitution provides that
Congress shall assemble on the first Monday in De-
cember. Unless Congress is now in session, there
fore, the Constitution has not been carried out
Mr.. BENJAMIN stated that the Constitution fur
ther provides that the House of Representatives
shall choose its officers. They are hence clearly
House before officers chosen.
After some further debate, Mr.. Hale withdrew
his motion.
The Senate went into executive session, and soon
after adjourned.
HOUSE OF REPRESENTATIVES.
. Mr.. McRAE entitled to the floor but Welded
it to Mr.. Clopton, who was about to address the
House, when
Mr. WAsHBURNE, of Maine interrupted, by call
ing for the vote on Mr.. Hutchins resolution for
the adoption of the plurality rule. He insisted that
they were obliged by law to proceed to vote for
| Speaker without debate and delay.
Mr.. CRAIG, of North Carolina, raised point of
order on Mr.. Washburne, when the latter repeated
| that the motion for the adoption of the plurality
rule had been heretofore acted on at all times no
matter what propositions were before the House.
| 1t was a question ofhigh privilege.
| Mr. McRAE said that Mr.. Washburne had usurp-
| ed the floor.
! sir. WAsHBURNE-If the gentleman will watt
Mr.. McRAE-I will not wait.
| Mr.. WAsHBURNE-I suppose | have the floor
Mr.. MCRAE-You ou have no right to it.
| Mr.. WAsHBURNE-No gentleman has a right to
it, to debate point of order or anything ese be-