The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-03-15
UNITED STATES SENlTE..SPECnL SESSION.

UNITED STATES SENATE...SPEClAL SESSION.
WAsHINGToN March l.-Mr. MASON offered a
resolution calling on the Secretary OF war to in
form the Senate whether portion OF the District
Of Columbia Militia, or any officers tnere!1, SINCE
the first of January, have been mustered into the
service of the United States and whether any outy
has been imposed them by the Department. II
so, whether they have received any ana what pay
and allowance the nature of their duties; ior what
time employ ed land whether the still continues
to be performed, etc.-Mr. FESSENDEN said 1t
was quite obvious that this was matter on which
the Senate could not act it required legislation,
and they were here only as an Executive session.
lie therefore demanded the yeas and nays.-Mr.
HUNTER said he hoped the resolution would be ia.
ken up 1t interested very deeply the hole country
who want to know whether they are toshave peace or
war. He did not agree with the Senator from
Maine, that the resolution was legislative in its
characteristic. CLlNGMAN said he had pre-
pared a resolution advising the President to make
treaty with the seeded States relative to this
very property. Whether this was proper not,
everybody admitted that the President and Senate
are the treaty making power, and that whatever
they do in that capacity, is 1na without reference
to the other House.-The PRESIDENT said that the
true policy for the President, by, and with the
advice and consent Of the Senate, to make such a
treaty.--Mr. DOUGLAS thought the majority
ought to permit the resolution to be taken up, in
order that he might explain his object in
offering it, which was for the best of PURPOSES
Mr.. MASON said the resolution called for nforma-
refused to take it up, the inference would be that
they desired to suppress the information affecting
the question OF peace or war.-Mr. FESSENDEN
SAID he had his objections to the resolution. His
OPINION was that it would be unwise to pass it,
Hence he could not withdraw his objection.
The question was then taken, and the Senate re-
fused to proceed to the consideration of the resolu-
uon-yeas 10, nays "a; all the Republicans voting
IN the negatve.-Mr. FESSENDEN moved to
take up the resolution offered by him yesterday,
as follows:
Resolved, That Mr. Benjamin, of louisiana Brown and
Davis of Mississippi Clay, of Alabama Mallory of Flor
d. and Toombs of Georgia. having announced that tbav
longer members Of the Senate that their seats have
become vacant and the Secretary of the Senate is direct
ed TO strike their names from the roll Of members
Mr. DOUGLAS inquired what was the
hrst proposition on the calendar.-The CHAIR
Mr.. t0ot) replied-The resolution of the Senator
from 1llinois.-Mr DOUGLAS remarked that
his resolution being the first in order on the caen-
dar, it was the duty of the Chair to say what was
before the Senate, without the formaity of vote to
take 1T up. He submitted that its consideration
could not be dispensed with, without agreeing on
the question of postponement.-The CHAIR re.
Piled that the refusal to take it up equivalent
to postponement.-M BRECKENRIDGE said
he thought the decision of the Chair was correct;
although the motion was made by Mr.. Douglas, it
was the duty of the Chair to announce that the re
solution was before the Senate.--Mr. DOUGLAS,
by request of several gentlemen, withdrew the ap-
peal he had taken from the decision of the Chair,
saying be could get at his object in another way
and open the debate.-The Senate then proceeded
tothe consideration of Mr.. Fessendens resolutions.
Yeas &c, nays 13.-Mr. FESSENDEN said he
deemed it his duty to introduce the resolution as
exhibiting the position of the gentlemen therein
named. The Constitution provides that seats in
the Senate may become vacant by resignation or
otherwise. After the declarations made by them
and their withdrawal their seats had become va
cant. There must be some time when the Senate
must act.-Mr. BAYARD moved the following
as substitute: tResotued, That A. G. Brown and j.
Davis, OF Mississippi Stephen Il. Mallory, of Flori-
da; Clement c. Clay, of Alabama; robert Toombs,
OF Georgia; and judah p. Benz amn, of Louisiana,
having announced that, by the secession of their
respective States they longer members of
the Senate, and had withdrawn therefrom the
Secretary is directed to omit their names in calling
the roll of the Senate. "-Mr. BAYARD denied
that there had been any designations These pen
tlemen had avowed that by the secession of their
States they were no longer members of the Senate
But the majority here did not recognize the acts of
secession, but held that they have the right to
omit calling their names. Suppose thew
return to this chamber, could it then
be said they had resigned. There was no uretence
OF resignation on their part. On the contrary,
TINS was dlsclalmed by all of them. Hence there
was no necessity to pass the resolution in this
form-Mr. MASON was perfectly satisfied that
the gentlemen named in the resolution were NOT
members OF the Senate, and therefore was perfect
ly willing to vote for the resolution and endorsing
the fact. He took it for granted that Mr. Fessen,
den meant no discourtesy by saying in the resoIu-
ton that their names be stricken from the roll. He
suggested the substitution of the word "omitted /"
The resolution implied that the seats were vacant
from those States For this he could not vote-
Mr.. FESSENDEN accepted MIR. Mason's verbal
modiication.--Mr. BAYARD further opposed
Mr. Fessenden's and advocated his own substi
tute.-Mr. FESSENDEN, in reply, said a seat
may be vacated by Senator himself. As to how
ne may do it, with or without assigning reasons
whether these be good or insufficient, is matter in
the Senator's own mind and in his own
act. He agreed with Mr.. Bayard in
the remark that, after being elected,
the Senator had power over himself and might
continue con, member or not according to his own
VIII or pleasure except so far he might be ope-
rated on by the body itself. 1t was not necessary
that the resignation should be in writing 1t de-
pended on no form of words. With the reasons of
those gentlemen who have withdrawn he had moth
ing to DO: II they are satisfactory to them they
were satisfactory to him. They have declared that
they are no longer members of the Senate, and
having SO declared, have withdrawn from the Sen
ate and carried out their purpose to remain no
longer He regarded that as a resignation of
their seats. He had simply declared in his
resolution that they, having made the an
nouncement and carried it into oneration Tho
result was that their seats have become vacant
NO others having been elected take their places
the seats were vacant and to be filled. He differed
from the Senator from Delaware. The seats were
still at the disposal of these States to be filled
whenever they thought proper to do so. He,
therefore, held to the original resolution, which
expressed the fact in proper phraseology, and was
opposed TO Mr.. Bayaros substitute, because it ONLY
proposed to correct the roll.-Mr BAYARD. in
reply, agreed that a resignation required no pecu-
liar form of language but looked to the intent of
resignation. mir: Bayard's substitute was reject
ea-yeas IL, nays 26.-Mr. BAYARD moved to
strike MIR. Browns name from MIR. Fessenden's res
olution the latter not having made the declaration
imputed to the others.-Mr. FESSENDEN said
ne :, dld not know why this should be done-Mr.
6A1 AkD-Did Mr.. Brown say he had withdrawn?
ne did not open his lips.-Mr. FESSENDEN-
ne stated in advance what he would do.-Mr.
bAl AkD-He did not make such a declaration.
= Mr.. FESSENDEN-I think he made a speech
q W all to- Mr. A
= don't deny what Mr.. Brown said he would do
but be did not do it. The declaration of what
man intends to do does not amount to an act done.
Mr.. WILSON said he would not attempt
did make some declaration, and left the
senate; lie thought the printed debates would
snow o NJ the precise words. After Mississippi went
out MIR. Davis was sick, and had been for several
days. Mr.. Brown stated from his seat, now
occupied by the Senator from Delaware, that be
could take no further part in the proceedings
with him. day or two after this, Mr.. Davis
made his farewell speech and withdrew 1t seemed
tnat those Senators held consultation, at which
mr.. broWn made declaration as to what he should
40, ana Mr. Davis came in and made a brief farewell
address.--Mr. JOHNSON said that Mississippi went
out on the 9th and the 10TH Mr.. Davis
made speech and withdrew from the Senate. He
did not think Mr.. Brown made declaration that
his State had withdrawn.--Mr COLLAMER
after further proceedings, said the modification of
the resolution required time for reflection He
moved that the Senate go into Executive session,
which prevailed.--After a short time snent
therein, the doors were re opened and the consid-
Grafton OF the resolution was resumed--Mr.
CLARh offered substitute for that of Mr.. Fes-
senoen' which the latter accepted, namely:
Whereas, The seats occupied by Messrs Brown and
DAVIS OF Mississippi Mallory of Florida Clay of Ala
nama, Toombs of Georgia, and Benjamin of Louisiana
as OF the Senate have become vacant therefore
Resored That the Secretary be directed to omit their
names respectively from the roll. '1'''
Mr.. MASON Intellectually proposed to amend the
resolution by making it read "the gentlemen
named have ceased to be members" MI CIarLi
substitute was adopted; yeas "a, nays IO.-The