Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 4 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SMILIE observed that there was no fear of the privileges of this
body being encroached upon by any other, for there was a written
constitution, prescribing the powers of each body; and, at the same
time that it was proper to be careful of their own rights, he said
the House should be careful not to infringe on the rights of the
other body. In respect to this question, there was a case in point.
In one instance while Congress sat at Philadelphia, the Senate had
come into the Representatives' Chamber to count out the votes, and
the President of the Senate had taken the chair as a matter of right.
We, said Mr. S., are sitting as a convention of the two Houses, for
a special purpose, viz: to count out the votes. Who is properly the
presiding officer in this case? Unquestionably the officer directed by
the constitution to open the votes. And I consider the Speaker of the
House, on this occasion, as acting in the same capacity as any other
member of the House.
After some further observations on the subject from Messrs. MASTERS,
LYON, and MACON, the motion of Mr. NICHOLAS was agreed to--yeas 98.
Mr. RANDOLPH then moved that the Senate be acquainted, by message, of
this arrangement. Agreed to--yeas 73.
The resolution first offered by Mr. NICHOLAS was then agreed to.
On the suggestion of Mr. VAN DYKE, it was agreed that the members
should receive the Senate standing and uncovered.
The time for counting the votes having arrived, the members of
the Senate, preceded by their Sergeant-at-Arms, entered the
Representatives' Chamber, Mr. MILLEDGE, the President _pro tempore_,
took the Speaker's chair, and the members took their seats on the right
hand of the chair. The tellers were ranged in front, and the Clerks
of each House on the right and left of the tellers. The President of
the Senate opened the electoral returns, one copy of which was handed
to the teller of the Senate, Mr. S. SMITH, who read it; the tellers
of the House, Messrs. NICHOLAS and VAN DYKE, comparing the duplicate
returns handed to them.
When this business, which occupied about two hours, was concluded, the
tellers handed their report to the President of the Convention, who was
proceeding to read it, when
Mr. HILLHOUSE observed that the returns from one of the States appeared
to be defective, the Governor's certificate not being attached to it.
He thought that this might be as proper a time to notice it as any.
Nothing farther being said on the subject, however, the President of
the Senate read the following statement of the votes, as reported by
the tellers:
(For the statement of the votes see Senate proceedings of the
same day, _ante_, p. 27.)
THURSDAY, February 9.
_Non-Intercourse._
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