The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-15
UNITED STATES SENATE.
EXTRA SESSION.

WASHINGTON, March IA, 1851.
DISTRICT
Mr. MASON, (opp.) Of Va. offered q resolution calling
ON the Secretary OF War 10 inform the Senate whether
any portion Of the District Of Columbia militia any
officers thereof since the LIST of January, have been
mustered into the service OF the United states and
whether any duty has been imposed on them by the
department; so, whether they have received any and
what, pay and allowance, the nature of the duties for
what time employed and whether the continue TO
be performed, &c.
Mr.. SUMNER, tep) Of Mass, objectng, the resolution
lies over.
SOUTHERN FORTS ETC
Mr. DOUGLAS (opp) Of H., moved to take up his
luton, offered yesterday, calling the Secretary OF War
for information relative to the Southern forts and other
Mr. FrsESDKN, (rep.) Of Me-, said tina. IL quite
obvious that this matter which The Senate could
not act as II required legislation and they we're here
only as exeou{iye session. he therefore demanded
the yeas and nays % W resolution s; -, ,,, n,,
be taken up Interested very deeply the country who
want to know whether they TO have peace or waf.
He did not agree with the Senator from Maine that the
resolution was legislative In its character.
Mr.. CfNGmAS, (opp) Of ~ G., had prepared resolu-
tion advising the President make treaty with the
this was proper or not everybody admitted that the Pre-
sident and Senate the treaty making power and that
whatever they do in that capacity is final without refe-
for the President, by and with the advice and
sent Of the Senate, to make such treaty.
Mr.. DOUGLAS thought the majority ought 10 permit his
resolution TO be taken up in order that he Mr Dougas
might explain his object in offering il, which was for the
Mr. MASON said that the resolution called for informa
on Of very great moment, and II the majority refused
TO take up the inference wou that they desired to
suppress information affecting the question Of peace or
war.
Mr. FlxspKs had his objections 10 the resolution His
opinion that II would be unwise pass IT, hence he
could not withdraw his objections.
The question taken and the Senate refused TO pro-
coed TO the consideration Of the resolution by yeas l6
nays A-all the republicans voting Ia the negative
TIE EXPULSION sECTDrsG SENATOR'S
Mr. FEssSDxN moved to take up the resolution offered
by him yesterday, as follows
and Rsyi. q M.s .,pgi; Clay q AlsSsm.; E.Icy %
mean and ne s Ss 1 S the senate directed "
Mr.. DOUGLAS inquired what was the first proposition
on the CALENDAR
The CHAIRxAs (Mr. Foo) replied the resolution Of the
Mr.. DouorAs remarked, IL turned out his resolution
being nfs in order on the calendar, the duty Of
formalty Of vote 70 take IL up He submitted there.
fore, Its confederation could not be dispensed with with
ont agreeing on the question Of posspcnement
The CHAIR replied chat the refusal 10 take II up was
equivalent TO postponcment.
NJ BcSonEDcs, (oppl Of KY, thought The decision
made by the Senator from Illinois, the duty OF the
Chair 70 announce that the resolution was before the
Senate.
Mr. DOUGLAS By the request several gentlemen with.
drew the appeal he had taken from the decision Of the
Chair saying he could get at his object n another way
The senate proceeded in the consideration Of Mr. Fes
senden's resolution by vote OF 26 against 13
Mr.. FrsESDEN deemed II his duty to Introduce the
solution exhibiting the position Of the gentlemen thore
In nomed The constitution provides that seats in the SEN
After The declarations made by them. and their with
drawaI their seae had become vacant There must be
some time when the Senate must act.
Mr. B.yARp, (opp) Of Del, moved the following, as
That Messrs ALBERT Brown and Jefferson Davis, Of Mis-
:sp ssossn sDss5 Msory q .Ida Clay
min heving announced that by the secession Of
tena wSd%wn sSersirom hs ssersssry Is drscicd
Bshr sned hs ss there re had o s
Those gentlemen had avowed that by the secession OF
their States they were no longer members of the Senate
but the majority here did not recognise the acts OF
son but hold they have the right 70 omit calling their
names Suppose they return to this chamber, could
Of resignation their part: on tho contrary this was
dscaimed by all Of them Herce there ,eesity
70 pess the resolution in this form
Mr. MASON was perfectly satisfied the gentlemen named
In the resolution were not members Of the Senate and
therefore was perfectly willing to vote for resolution
endorsing the fact He took for granted that Mr. Fes
sender meant dscourtesy by the resolution
that "their names be stricken from the roll" He sug
sestsd the substiiuiion Of the word 'omitted" The
States. For this he could not vote
Mr. FEnmSx accepted Mr. Mason verbal modification
tion, and advocated his own substitute.
MT ffssrNpES, In reply, ssd-A scat may be vacated
by asenator himself 70 how he may do It, with or
without assigning reasons whether these be good or in
sufficient, s matter on the Senator's mind and on
his own act. lie agreed with Mr. Bayard in theremark
that aer being elected the Senator had power over him
self and might continue member or not, according 70
his viii or pleasure, except far he might be ope-
rated on by this body itself II was not necessary
that the resignation should be In writing II depended
on no torm or words With the Of those gentle
men who bad Withdrawn he had nothing TO do. n they
were satisfactory to them, they satisfactory TO him
They have declared that they ougcr members OF
the senate, and having declared have wi hdrswn from
the Senate, and carried out their purpose 10 remain
no longer. He regarded tnat a resignation OF
their ecas he had eipply declared the In his Yesou-