Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1861-03-16

Of Miss Stephen Mallory Of Florida, Clement o. Clay
of Alabama Robert Toombs, of Georgia, and Judan +.
Benjamin Of Louisiana having announced that oy the
secession of their respective States they were no longer
members of the Senate and had withdrawn thereirom
the secretary is directed to omit their names in calling
the roll of the Senate.
Mr. Bayard denied that there had been any resgha-
tions These gentlemen had avowed that by the seces
sion Of their States thew were NO longer members OF the
Senate But ma jOrty here did not recognize the scts
of secession but hold that they have the right to omit
calling their names. Suppose they return to TINS chAn
ber could il then be said they had resigned? There was
10 pretence of resignation on their part On the con
trary this was discamed by all of them Hence ttere
was no necessity to pass thu resolution in this form
Mr. Mssou was perfectly satisfied that the gentlemen
named in the resolution we're not members oil the SENATE
and therefore perfectly willing TO vote ior the rtso
luton endorsing the fact lie took it for granted t1a
Mr. Fessenden meant no dscourtesy by saying in the re-
solution that tn ir names be stricken from the TOLL lie
suggested the substitution of the word omitted" The
resolution implied thai the seats vacant from those
States. For this he could not vote ,o
Mr.. Fessenden accepted Mr.. Mason's verbal modihea-
ton.
Mr.. Rayari further opposed Mr. Fessendens and advo
Gated his own substitute
Mr.. F,ssenden in reply, said that a scat may De vaca
ted by n Senator himself. As 10 how be may 90 ~ win
or without assigning reasons whether these be good or
Insufficient is n matter the Senator's own mind and
on biz own act
Re agreed with Mr. Bayard in the remark that after
being elected the Senator had power over himself, and
might continue member or not according to hs own
vii or pleasure except far as he might be operated
on hy this body itself IL not necessary that the
rssi5naliou should he in writing 1t depended on no
form Of words With the reasons of those gentlemen
who had withdrawn hc had nothing TO do. IL they
we're satisfactory them, they were satisfactory to HIM
They have declared that they no longer members
of the Senate ard having declared have Withdrawn
from the Senate and carried out their purpose 20 remain
nc longer lie regarded that as resignation CT their
seatS He had simply declared in his resolution that
they having made the announcement, and carried II
into operation the result that their seats have be-
come vacant No others having been elected to take
their places the seats vacant and to be hlled
lie differed from the Senator from Delaware. The
seats were sill at the disposal of these States to be filled
Whenever they thought proper to DO So lie therefore
held 20 the original resolution, which expressed the hc
in proper phrasecoGy and was opposed to by Mr. ba
wards substitute because only proposed to correct the
rcll.
Mr.. Bayard, in reply agreed that resignation re-
qrrcd no peculiar form of language, but looked to the
intent OF resignation.
Mr.. Blyard's substitute was r'jcccd-yeas y, nays
%.
Mr.. Bavard moved to strike Mr. Browns name from
Nr F,syenGen's resolution the latter not having made
the declaration imputed 10 the others.
Mr. Fesscndln said he did not know why this should
be done.
Mr. Blvsrd-Dd Mr.. Brown say he had Withdrawn
lie did not open his lips.
Mr.. Fesscndrn-He stated in advance what he would
10
Nr. Bayard-He did not make such declaration.
Ar. Fcss,nden-I think he made speech stating what
he WAS about 10 do.
Mr.. Bayard-I don't deny what Mr.. BrOwn said he
would do, but he did not do it, The declaration ol
what a man intends 10 do does not amount 10 an act
dore.
Mr.. Wilson said he would not attempt to quote Mr.
Brown, language. but he did make declaration
spd left the Senate He thought the priated debates
would show the precise words After Mississippi went
cut Yr Davis was sick and lad been for several days
NJ Brown stated from bis SCAT, nov occupied by the
Senator from Delaware, that he could lake no urther
y,r- IN the dugs That he hai his colleague
NLo had agreed with him day or two AZ 's tts, Mr.
D. "a made Lis farewell speech and withdrew l. seemed
hat ,hcsc Senators held consultation, az which Mr.
Brown made declaration as what he sht uid 30, aEc
IN. Davis came in and made b:iet farewell address.
" Johusou said ibat Mississippi weu: cut on The S-h
sr a on the la,h Mr. Davis made speech aud withdrew
from the Senate. Re did Eot think Mr. Brown made
de,l,,ston that his State lad withdrawn.
Wr Collamer aitr further proceedings, said the mod
fca;ion OF the resolution required tine Tor reflection
lie moved that the Senate 80 into executive session.
which prevailed.
After a short time spent therein the doors werc re-
opened and the consideration Of the resolution was re-
sumcd.
MI Clark offered a substitute for that Of Mr. Fessen-
dep which the latter accepted viz: "Whercas the seats
occupied by Messrs Brown aud Davis, of Miss; Mallory,
of FlA Clay Of Ala Toombs, OF Ga; and Benz amin, oi
La. as members Of the Senate, have become Vgcani,
therefore resolved hat the Secretary be directed to omit
their naInes respectively from the roll"
Mr. Mason Intellectually proposed TO amend the resoin-
ton by making it read "The gentlemen named have
ceased % be members
NJ Caik's substitute was adop,ed-yeas 2i nays 10.
The Senate then adjourned.