Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-18

ruled these. and any other similar aOsuroiuea'
because. however such absnrdities might NULL
fy his Office, they would have proceeded from
an authority which was under no physical DIS
abilityto violate, ad k5ittinn, reason and usage:
But as the people had established an office o,
ascertained powers and duties, the Senate woula
have transcribed the sphere of its constitutions
al competency in divesting that Office OF any OF
these characteristics.
II is said, however, that the very Constitution
which authorizes the Vice President TO pres'de
over the Senate, also authorizes the Senate to
"determine the rules of lis proceedings, to pun
ish its members for disorderIy conduct, and with
the concurrence 0ftwo thirds, TO expel mem
ber." On this provision. an argument is Quit,
10 which YOU ascribe irresistible force, ana
which, in compliment of your admiration OF 1t,
l shall insert:
{" The Constitution has vested the Senate With
" the right of determining the rules OF It's pro-
:" ceedings, and ofpunishing members tor dis
/" orderly conduct, which may extend even to-
expulsion. The great object OF giving the
I" powerfo establish rules, is to preserve order.
" The only effectual means of preserving order
is 10 prescribe by rules, what shall be ylola-'
" ton Of order, and to enforce the same 10y ate-
"ouate punishment. The Senate alone has
+" these powers by the Constitution; consequent
"ly, the Senate alone has the right Of enforcing
" order; and, consequently, whatever right the
" Vice President possesses over order, must be
" derived from the Senate; and, therefore ne
" can exercise no power In adopting rules or
enforcing them, but what has been delegated
+" to him by the Senate, and only TO the extent,
" both in manner and mater, 10 which the pow
" er has been delegated The particular power
" in question not having been delegated, cannot
" be exercised by the Vice President, and, con-
" sequently, he is not responsible"
If an unlimited latitude OF assumption, and
manufactured facts were lawful implements OF
controversy, any thing might be proved, and
even you might be successfully defended
Aware that your vindicatlon required license
of this sort, you have, with the Constitution
staring you in the face, assumed that the clause
from which these deductions are derived, is the
only part Of it referring to the Vice-Presldents
province in the Senate. The Constitution does
indeed "authorize the Senate to determine the
rules of its proceedings" but it also authorizes
the President to preside over, and conse-
quently, as has been shown, TO preserue order IN
that body. You are said to have been educat-
ed lawyer. Have you forgotten that elemen-
tary rule of construction, adopted, "ut res ma
gis valeat guam pereat," and requiring that any
| written instrument must, If possible, be SO m
lerpreted as that effect may be given to each
Of its parts? Or do you consider any clause OF
the Constitution, which would operate In re-
straint Of your designs, as repugnant provl-
so, and therefore void? Instead Of so constru-
ing the clause Gelegating TO the Vlce-Presldent
the presiding power, and the clause investing
the Senate with the rule-making power, as that
each should retain its energy, you are driven to
the pitiabIe exgency of asserting that the &C.
tivity of the one is the paralysis OF the other.
If there were any force in this chef d'euyre OF
reasoning, it might De as properly contended,
| that the clause giving the presiding power null
lihes the clause giving the rule-making power
as that the latter nulliieS the former. But, re-
jecting the "irresistible" argument, | merely
remark, that the presiding power granted In
one part of the Constitution is obviously and
entirely compatible with the lemaklng pow
er in another. There may, admit be cases in
which the line OF demarcation between them is
not very clear; but attributes may be affirmed
of each, sufficient TO individuate it. For eX-
ample, under The rule-makmg power delegated
to the Senate, that body is, undoubtedly, COM
petert to fix the hours and days OF its meeting;
the periods for taking up business; the num-
Der of readings which bill shall undergo: To
declare how often member may speak: To
regulate the engrossment and printing OF bills:
And to do various other municipal acts, OF
which the enumeration is unnecessary. 1t is
equally manifest that under the presiding pow
er, delegated 10 the Vice President, he has an
thority to take the chair when theSenate meets
To collect It's sense: And TO preserve order.
Here, then, is the simple explanation fthe two
clauses: An explanation written the fore
head OF the Constitution: An explanation that
gives 20 those clauses complete efficacy, aud 10
the Constitution symmetrical movement An
explanation which is inevitable, unless the We
nerable trainers of this instrument be convicted
of a standardization, gross as that which you
imputed 10 the ilustrious, and now lamented
author Of the Declaration of independence.
However familiar with sophistry, and re-
curing its aid, you do not think, improve
in the management Of its weapons. Or, per-
haps, the fever Of resentment inflames you to
rave in dogmas which are hostile not to truth
only, but TO plausbility. Did honest ignorance,
or dehrious anger, precipitate you on the dec
laratlon, that the right of calling to order,
m the strict literal meaning," q give you the full
benefit Of your italicks,) so far from beng deri-
we'd from the right of preserving order, is ''no
even connected with i12'' That the means nv