Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-03-16
United States Senate---EXtra Session
THURSDAY. MARCH IA, 1850.


SIR Mason offered resolution calling on se Secretary
District OF Columbia militia officers thereof, since
the first OF January have been mustered Into the service
OF the United States and whether any duty has been i'm
posed on them by The Department. II 40, WHETHER they
hav. rrcry. sny and what pay and allowance the nat
ture Of their dulles for what time .tn"y'd ahd whether
The sumo It'll continue TO be pcrlorinet &c
Sir Fess.nden suid 1t quite obvious that This Was
matter which the Senate could nn, act, NJ il required
legislation and they here ony as in eaecu I've session
lie therefore demanded the yeas and nays
Mr. Hunter said lie huptd the resolution would be taken
up Interested Very deeply The whole counry, who want
to know whether they are to have peace or war lie did
agree with the Senator Maine that the resolution
was legislative In IT. character.
Mr Llngrnan said he had prepared e.oluon advising
the President make treaty with the seeded States
lave TO this property Whether this WAS proper or
every body admitted that the President and Senate
the treaty making power, and that whatever they do IN
thai capacity Is fna without reference &c the House The
true policy was for the President by and with the advice
and consent OF the Senate, 10 make such treaty.
Mr. Douglas thought the mtJority ought permit the re-
solution to be taken up In order that he might explain his
object 10 Offering 1t, which for the best of purposes.
Mr. Mason said the resolution called for Information OF
moment, and II the majority refuse take 1t
mp inference would be that they desired suppress The
Information affecting the question Of pruer or war.
Sir. Frssendrn said he had his objection. the rcsou
ton. Ills opinion tina, 1t would be unwi,e pass it.
Hence lie could not withdraw his objection.
The question then taken and the Senate refused
proceed to the consideration Of the reolnon-yeas IT,
81. All the republicans voting In the negative.
him yrst-slay, follows. That Messrs. benjamin. OF
louisiana Brown and Davis, Of Mississippi Clay of Ala
announced that they are no longer members Of the Senate
and that their seats have eran. vacant and the Secretary
OF the Senate Is directed 10 strike their from the rul
Of members.
Mr. Douglas inquired what the FIRST proposition on
the calendar.
The Chair (Mr Footl rrped-The resolution OF the Scu-
ator from Illinois.
Sir Douglas remarked that his resolution beinr the fret
in order the calendar IL the duty Of Tbs Chair 10
what before the Senate without the Formally
vote TO take It up lie submitted, that Its consideration
could be dispensed without agreeing the postpone
tnent.
The Chair replied that tie refusal 10 take up equiv
nlent to DISAPPOINTMENT. ~
Mr. Breckenridge said he thought the decision OF the Chair
correct. Although the molten was made by Mr. Doug
las It the duty OF the Chair that ;hg
ton WAS before the Srnntr.
Mr Douglas By request OF several gentlemen Withdrew
the appeal he had taken from the decision OF the Chair say
Ing he could get at bis object In another and the
debate.
The Senate then proceeded to the consideration Of Mr..
Fe.senden's rcsolutou-yras 70, nays IL.
Mr. Fesenden said he deemed 1t his duty to introduce
therein named The Constitution provides that IN
the Senate may become vacant by esignation Utler
wise. After the declarations nade by then. and their
withdrawal their seats had become vacant. There
be some time when the Senate must act
Mr.. Bayard moved the following as substitute
Resolved, That Albert G. brown and Jefferson Dar;s Of
Mississippi Stephen Il. Mallory, Of Florida Clement C.
Clay, Of Alabama Robert Tonnb+ OF Georgia, and Judah
r. Benjamin. Of Louisiana, having announced that by the
secession their respectv. States they longer
members the Senate, anil had Withdrawn erefrom ;hc
secretary Is directed TO omit their names in calling the
Mr. B,yard denied that there had hccn any rc.gna
,ion. These gentlemen had ayOwe that by the secession
OF their States they longer members of the Sennte
Blu, majority here did not recognize the acts OF secession
but hold that they have the right TO omit calling ihtir
Suppose they return to this chamber, could then
be said they had resigned? There prctcnse Of
rcsgnstinn their part On the contrary, this was dis
claimed by ali OF them. Hence there necessity
pass the resolution In this form.
Alr. Mason perfectly satisfied thst :ae gentlemen
ed 10 the resolution not members OF the Senxr,
and therefore perfectly willing To vote for the
I,io p,lr tb.f ifu fook sCS
Mr. Fesseurn dscour;esy by saying IN the
luton that their names be stricken from tt= roll lie sug-
Sesed the substitution Of the word "omtted The
luton Implied that the seats were vacant from those States
For this lie could not vote.
Sir. fessrnjen accepted Mr. Masons Terba! nod!Gcs.
ton.
Mr. Bayard further opposed Sir ressendcns and sdvo
Gated lIl5 substitute.
Dir Fessenden In reply, said that seat may be vacated
by senator himself. - 10 ho" he may do IT, with
without assigning whether these he good insult
fcent, Is matter Oh the Senator's own mind aud on his
own Ect.
It, agreed with Mr.. Bayard In the remark tho, ate. be-
Ing elected the Senator had himself aud might
continue member not according 10 his wilt
pleasure except so far as he might be operated on by this
body ITSELF
Mr. Bayard's substitute was rejected-yeas l2, nays e.
Mr. Bayard moved to strike Mr.. Browns from Mr.
Fes.endens resolution the hitter having mad. the de-
clarston imputed to The others.
Mr.. frssenden said he did know Why this should Jr
done.
Mr.. Bayard-Dld Mr.. Brown say he had withdrawn: lie
did not open his lips.
Mr.. Bayard-Iie did mot make such declaration.
Mr. ressendeD-l think he made speech stating what
he about to do,
Mr. Bayard-I don't deny what Mr. Brown said he
would d. but he did not do 1t. The declaration OF what
MAJ Intends 10 do does not amount TO act done.
Mr. Clark offered substitute for that OF Mr. Frssenden,
which the latter accepted bSmely "Whereas the seats
occupied by MeSsrs. Brown and Davis Of Miss Mallory
OF Florida Clay OF Ala Toonbs, Of Ga. and enianin,
Of La members OF the Senate have become vacant.
therefore resolved that the Secretary be directed TO omit
their names respectively from the roll"
Mr. MI q