Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-17
PRINTED AND PUBLISHED,
DAILY,
ny sNowDEM & THORNTON,
THURSDAY, AUGUST II, 1926.
From tie National Journal,
PATRICK HENRY.-LErrER II.

NS'''''N-'
Sir: If the public hivn.. IVY conjecturcd the
writer Of "OnsIow," his authority may, with a
few readers, carry We. witch none can as
cribe 10 his arguments. certainly would not
withhold the compliment of reply from any
thing which fortnight's deliberation, perhaps
"by night and by day" had determined the
"anxious" Vice-President to publish; nor would
refuse that courtesy to Ouslow, though he
were some "man at arms" skiiful IN the tao
tics Of retreat, who, on the eve Of flying to the
bosom of his constituents, discharges an arrow
at his enemy.
Onslow begins his able yindication Of the
freedom ofdebate," bsstating that &" the point
at issue is, whether the V. p. has right TO call
Senator to order for ,ror0s spoken in debate "
This is point which he may conceive himself
to be capable Of discussing; but in describing
it as the ground Of the present controversy, be
only illustrates his adroitness in using the ''Slp-
prsss'o reri'.--a figure Of rhetoric which, howe
yer necessary in the political school that he be-
longs 10. hG,h moralisis and lawyers have sup
posed to he IN close alliance with the "SuggeStio
fqisi" Y e doctrine announced in the Vice
Presidents address, Of April 18th, to the Sen
ate, is, that the power of the chair TO call to or
der on " questions touching the latitude or free
dom Of debate" is appellate only: doctrine
which he at first and very slightly endeavorcd
TO sustain By arguments suitable TO any Presi-
dent, whether ex-ofTicio or elected, of the Sen
ate, and then by arguments appropriate to an
officer OF the former description. Against this
docuine and its author, | commended that the
President OF the Senate, whether chosen by that
body, or by the people at large, derives from
the single fact of his appointment the original
right of calling to order; that this right is more
conspicuous in the case of an officer sent by the
People 10 preside over the Senate, than in the
case ola President whom the Senate might
elect: that the present Vice-PreSdent had urg
ed no reason against his original right 10 call
10 order on " questions touching tke tot5tmde or
fyeeli9pq of debate" which was not equally APP
phcable to every other possible question OF or
der; that his theory and his practice had not
accorded with each other; that cases had arisen
in which he ought to have exercised his orgl-
nal right of calling to order, and omitted 10 ex-
ercise it; and, finally, that his omission resulted
from culpable motives. That these are the
"points at ISSUE" must appear to the most cur
sor, reader of the Weep Presidents address,,
and Of nv former letter
In thus restoring 10 the controversy It's pro-
ner subjects, take no uncharitable pleasure III
exposing the cunning or the clumsiness Of an
adversary; still less do | feel any apprehension
of " the point at issue" as assumed by OnSlow.
But am reluctant that the public should mis-
take for the true question any distorted repre-
senta,ion Of it,, which the exigencies OF bad
cause NAV induce its advocate 70 display. In
inviting printers ~ republish Onslow's defence,
Mr. Calhoun may expect that 1t will gam by
diffusion, what ii wants in strength; but while
the American People are governed by the rules
ofcommon sense, this writer will scarcely lind
any thing in their opinions so consoling as the
applause Of the Telegraph. II, indeed, any pro-
nosi,ion could be submitted TO the understand
inc which deserved its unhesitating assent, the
rieht and the duty of an officer who presdes o.
yer deliberative assembly, TO protect It's pro-
ceedires from disorder, would seem to be pre-
cisely such proposition. 1t is proposition
60 near 10 an axiom, that the mind not only pro-
nonuces in its favor with instructive alacflty,
and an unfaltering voice, but feels some dlth-
culty in distinguishing between the absurdity
of him who would voluntarily undertake 10 de-
roonstrate. and that of him who ventures TO de-
nyit Nothing however seems too bold Tor the
sfTrontay Of OnSlow, nothing too subtle tor MS
serpeu,ine insinuation. With the easy assn
rance of a man who is stating conceded pos
tulate. he SAYS, after all, the power OF the v.
President must depend upon the rules and usa-
ees of the Senate;" postuate not only false
in its principle, but which, il true, would not
sustain the cause To- whose aid it is invoked.
Unless the Constitution of the United States be,
as an act Of Congress was, subjected 10 some
military construction, the power OF the Vice
President IN presiding over he Senate rests on
deeper. boiler foundations, than any rules or
usares which that body may adopt. What says
the Constitution? s'The Vice President of the
United States shall be President of the Senate,
bur shall have no vote unless they be equally d.
yided." "The Senate shall choose their own OF
6cers. and also President pro tempore, in the
absence of the Vice President, or when he shall
exercise the Office Of President of the United
States" (Const. y. S. .qrt. l. Sec. 81 1t is
here made the duty Of the Vice President to
preside oper the Senate, under the sole resiric-
lion Of having no vote except in given case;
the right ofthe Senate tochoose their President
is confined to two contingencies; his powers, al.
ter being SO chosen, are identical with those Of
the Pres. dent set over them by the Constitution,
and any abridgement of those powers by the
Senate would be palpable intractlon OF that