Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-17

bic definition of ii which would exclude the
mower of preserving order? In appointing an
officer TO preside over the Senate, the People
surely intended, not to erect an empty pageant,
but to accomplish some useful object: And
when, in another part Of the Constitution, they
authorize each House "lo determine the rules
of its proceedings" they do not authorize 1t to
| adopt rules depriving any office created by the
Constitution, Of powers belonging, er u teTnl'nl,
to that Office. If the plainest, or the most pro-
found, man in the community were asked what
powers he supposed 10 be inherent in the pre-
siding officers Of either Hous OF Congress, ne
would Instantly enumerate, first, the power OF
preserving order in It's deliberations, next, that
of collecting the sense Of is members on any
question submitted 10 their decision, and third
ly, that OF authemticating, by his signature,
their legislative acts. Ihavc before SAID, ana
regret that am obliged to repeat trulsm, that
I" the right 10 call TO order IS necessary conse-
quence Of the power Of preserving ordei;'' and
that unless delberative tody, acting tL7fhIa
the sphere Of its competence, expressly restrict this
power and this right, no restriction On them
can be supposed" In divesting the President
set over them by the People, Of any power
which he bad received, either expressly or I'M
pliedly, from The People, the Senate, instead OF
'.acting UHdin The sptsrs Of their competence"
would act uSurpiugly and unconsutu.lonaIiy;
they would nullify the connection which the
People had established between themselves and
their President; they would reduce themselves
TO the monstrous spectacle of body without
head, and their President TO the equally moh-
strous spectacle of head without body; and
their violent act while it would be disobeyed as
illegal, wOul@ h >oatemned as ridiculous. But
in truth, tie Se"ate have never thus forgotten
| their aegiaa % the Constitution.
The power of the Vice President does not
then depend upon the rules and usages Of the
Senate" and if it did; there is nothing in these
ru'es apA usogee, to Justify The construction Of
that power, which he attempts 10 impose on an
eni ehtened nation. The rules on which he pro-
iessrs 10 rely are, have argued, special regu-
lations, adapted 10 "given cases." and the mu-
nieipal code Of the Snate cannot be interpret
ed to deny TO their President every power which
il does not expressly confer on him. IN the
Preface 10 the "Manual o. Parliamentary
Practice which Mr.. JeIt, ION compiled for
the use of the Senate" THAI great man says,
"The Senate have accordingly formed some rules
for its own government, but these going oay 10
fer cases, they hare referred to the decision Of
their President without debate and withou! APP
peal, al questions Of order arising under their
own rules, or where they have provided none.
This places under the discretion of the Presi-
dent,a very eric.sice field Of decision, and one
which, irreguariy exercised, would have pow
erful effect on the proceedings and determine
tions of the House." 1t is observable that the
rules of the Senate referred 10 by Mr.. Jefferson,
are, according to Mr.. Calhoun, and his annon-
ymous partisans, the sole foundation Of the
Vice Presidents power in the Senate. Though
Mr.. Jefferson emphatcal!y describes them as
"going only TO few cases. attributes 10 that Of
hcer discretionary power, in the intellectually
more numerous questions Of order, for which
these rules do not prov de; and in a subsequent
part OF the same Preface, considers the "LatO Of
proceedings IN TIE Senate as composed Of Tie pre-
cebtS lie Constitution, The regulations ofthe Sen
ate, and tphere these are SILENT Of the rules of Par
F0aent" 1t would indeed be strange, if Mr..
Jefferson had propoundeG any doctrine which
refused 10 the Vice President power implied
in the nature Of his Office, and essential to the
discharge Of its duties. But it Is, doubtless, a
subject of regret to that enlightened patriot,
that he has seen the discretion" OF Vice
President of the United States, SO irregulatly
exercised as to produce "a powerful effect" Of
no pleasing kind, on the reputation OF the Sen
dttp ana OFlne NepuOlC. NOW, olT, WnaC are
the rules Of Parliament on the subject Of order?
In SIS. ID edition of Mr., Jefferson's Manual ii
is laid doHnasa Parliamentary rule, that no
member is "to dgress from the matter, 10 fall
upon the person, Scot. 81 Hate'S Parl l33. 2
Hats. loo, BY speaking, reCihng, niPping, oruH-
"mannerty ,cords against particular member.
"Smyth's Comw. l., 9 C. 3. The consequent
"cas OF measure may be reprobatcd in strong
terms, but to arraign the motives ofthoSe who
propose OF advocate it, is personality, and
"cgainst order. Qui dIgreditur tnatcria ad
"personane, Mr.. Speaker ougfttO suppress. Ord
Com 1904" In p. So. 90. it is held that at is
ga breach Of order in debate 10 notice what has
sheen said on the same subject in the other
blouse, or the particular votes, or maJorities
son il there; because the opinion of each house
"should be left TO its own independently, not to
"be Influenced by the proceedings OF the other,
"andt quoting them might bcget reflections
"leading 10 misunderstanding between the
"two Houses. Grey %. Neither house can
Exercise any authority over member or Off
seer OF the other, but should complain 10 the
blouse of which he is, and leave the punish
s'ment to them. Where the complaint is OF
swords disrespectfully spoken by member OF
"another House, 1t is difficult to obtain punish
"ment, because of the rules supposed necessary
"to be observed Gas 10 the immediate noting
Z ( & y e, ,ba pf hers