Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-19
From the National Journal.
PATRICK HENRY.-LETTER ".
10 the Hon. JOHN c. CALHOUN,

SrR. Your historical re searches have, 1t seems
informed you, that there was time when MI
Mons of power thought il monstrous, that all OF
abe mowers Of rulers should be derived from so
low and filthy source as the People whom
thew governed" Is it sympathy in this opinion
that so dispIeases you With the proposition
which have demonstrated, that the power and
duty ofpreserying order, and REFRESHING irregu-
larity, are constitutionally attached to the Of
nee of President THE Senate by the People who
created that office? Whatever cause excited
your displrasure, was sufficient to betray you
into the indiscretion of ascribing the origin OF
this proposition TO Feelings leaning strongly on
the side of power;' an allegation made in the
teeth Of principle, deriving the authority OF
the Vice President directly from the people,
and announced as the very "nucleus" of my ar
gument. My cardinal objection to your conduct
during the last session Of Congress, was, that
it involved refusal on your part, to carry into
effect the will of the people, by executing trust
which they had con6ded 10 you; and instead OF
attributing to the Vice President "high and un-
comfortable power,"I expressly characterized it
?. delegated, and consequently, responsible
power Indeed, unless had done so, my argu-
Snent would have been nearly as preposterous as
your own. On the other hand, you attempted
20 trace its birth to the Senate, and claimed tor
that BODY the right Of setting itself above the
People, by adopting rules which might chan ge
The nature of an office created by the People
Vet YOUR sympalhies " are on the democratic
side of our institutions'' They are then most
singularly manifested, by subjecting an act of
me People themselves to the control OF the aris-
aocratical branch Of the Government. II the
Senate can assume this control In one instance,
Why may it not do SO in another, and thus pa
alive. whenever occasion Offers, other provi-
sions of the Constitution. And here, sir, per-
nit me to borrow passage from your letters
which, while it exempliGes the vigour'of your
style, is pertinent to my purpose, ana to say
shat power so despotic and dangerous" as
hat claimed for the Senate, SO inconsistent
With the first principles of liberty, and every
sound view of the Constitution, was never at
senpted to be established on arguments so I'M
1eo;ls and absurd to which no intellect, how
ever SADLY organized, could yield assent, unless
associated with feelings leaning strongly TO the
s.:de OF power" All my sympathies being, on
he contrary, con the democratic side OF our IN
a.:tutioEs' must with the permission OF
Yourself and "your associates" "under leave OF
55ratus and the rest,'' still con6de in the doc
ssine which have endeavored to place beyond
:he reach Of sophistry and defamation, that
me power Of the Vice President to preserve or
der In the Senate, is delegated by The Constitu-
Con; or, to borrow again flower from your
elegant rhetoric, is ''derived from SO low and
filthy source as the People"
The suicidal attempt to transfer from your
self to me the character of being partisan OF
power, was preceded by an expression OF pre-
tended surprise on your part, that alter ASSERT
ing the presiding power in the Senate to " rest
On deeper, holier foundations, than any rules or
usages which that body may adopt" should
investigate those rules and usageS. A view less
partial than YOU took of the letter Of ONsLow,
published in May, would have shown you that
this inquiry resulted, not from any distrust OF
my original position, but from your scorn ofthe
Constitution, and reference to the Senate as the
sole fountain of the powers OF its presiding oth-
GER 1t then became proper for me to demon
strate, that even were this reference conceded
. be correct it would not sustain your posi-
j IONS because the Senate had framed no rule nor
Usage justifying the construction which you
Glazed on the office Of its President. On this
subject, TO adopt your brilliant antlthesis, "the
rules are mute, and the Journals OF the Senate
.s;lsai" And well may they be so; for regu-
alton 1ivesting the Vice President OF his pre-
siding cha racter, would be against reason and
me constitution. The 9th and 9TH rules, which
naye been so often quoted as the basis OF your
afguneni, are palpably designed for cases which
>hsy specify, {calls to order from the jaoor) and
io otimpair the right OF the chair 10 call to
order: nor can any other rule of the Senate be
sortu-ed into such an operation. The mere ST.
,ence of the Senate concerning this right strong
~ indicates the acquiescence OF that body in
shAconstruction ofit, which had so long been
sanctioned by custom; but the question Is
,laced beyond controversy BY ''the law OF pro-
seedlings in the Senate" What are the consti-
suents of this law? Mr.. Jefferson tells us that
.ney are g the precepts of the Consultation, the
regulations Of the Senate, and when these are
silent, the rules Of ParRament." But, su6s. an
sally denying this last position OF Mr. 'efer
son. and opposing your own authority to ms ms
you ask " how came they e. the rules oil FAR
iiament) to be the rules of the Senator Mr.
Jefferson has answered this interrogatory. lie
tells us that "the extensive field OF decision,
placed under the discretion of the President o.
the Senate, in consequence of the-rues OF tina