Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-19

GROSSLY contradict hims.4a. or that he was lgno,
s.n, of the force Of TINS, argued that ne used
the word ssumni,sge" in its popular sense-an
sronment en,;lely compatible with his reputa-
ion for consistency and literary eminence But
1 ,s Won aver, in this sense "there is not one IN
st,nce Of its being used by any respectable au-
,horlty'' Instead Of accommodating quotations,
1.-THE most superficial examination OF the Eng
liish classicks would enable me to do, select,
from an authority, "respectabIe," in all eyes,
save those Of single individual, two passages
Of these, while both are examples OF the popu-
lar sense Of the word umpire the first may
encourage you to reform the conduct which the
second SO wildly portrays.
Mine ear shall not be slow, mine eye not shut,
And will place within them as guide
NV umpire CONSCIENCE; whom ifthey will hear,
Light after light, well used, they shall attain,
And to the end persistng, safe arrive
Paradise Lost, Book s, q. 1913.
- To whom these most adhere,
He rules moment; CHAOS umpire sits;
And by division more embroils the fray,
BY which he reigns Ibid Book 2, .. 9O8.
If as some nations have held, poet is also
nronhet. who would not believe that Milton
wrote the last lines Just after he had penetrated
through the shadows Of nearly two centuries, IN
to the American Senate house, while Mr.. Kan
dolph was practising 'the freedom Of debate, and
you were "presiding2'
Not only has the Senate acknowledged the
rights which have been proved to appertaln 10
its President, but it has recognised his peculiar
Constitutional character. When that body acts
as in committee Of the whole, or quasi committee,
as Mr.. Jefferson denominates it, the Vice Presl-
dent never leaves the chair, as IN similar case,
the Speaker of the House of Representatives
does. The reason Of the difference is, that the
Senate cannot, under any notion OF "determnln5
the rules of its proceedings" suspend the pow
ers of the President, ordained to 1t by the Con-
stitution On the same principle, appeals from
his decisions, on points Of order, are not allow
ed Such appeals are familiar to every dellbe
rative assembly which is, itself, the fountain OF
authority TO its presiding officer. These con-
spicuous instances establish that the Senate
considers the Vice-President's rights in that bo-
dy TO be Constitutional rights, which 1t cannot
impair, though it may, under the delegated
rule-making power, adopt any regulations
consistent with the integrity Of those rights
The second example empharicaly declares that
the Vice Presidents right on the subject OF or
der is, in the opinion of the Senate, an inherent
part Of the presiding power vested IN him by
the People.
The Constitution, the expression of the will
of the People lis indeed, 1.-THE foundation on which
rest the authority of the Vice President, and
that of every other functionary appointed by the
PEOPLE. Though investigated "the rules and
usages of the Senate and such parliamentary
rules as formed part Of "the law OF proceed
ings in the Senate the inquiry was prompted
by no reliance on them as criterion tor decld-
:, ~; NV ina
confute you on your own principles. And per-
haps to argue against such principles, is even
"more ridiculous ,han TO advance them. The
allegation, that I sought in the House of Com
mons for the Vice Presidents power OF preserv-
ing order, is about as singular as your previous
charge, that 'aoandoned the rules ana usages
of the Senate as the source Of that power.
Now never did asclibe any sch efficacy to
these "rues and usages;" and how position
can be said to be abandoned" which was never
occupied, am at loss to conceive. Such
position would BE as remarkable as the fortii-
cations mentioned in an official report OF the
Secretary of War, made in 1917 This instruc-
tive document informs Congress, "thar the mi
litary establishment, as it now stands, is sufi-
GENTLY extensive to keep the Notifications in
state of preservation, but is Wholy inadequate 10
GeJehU neW HSHH!S " ItSnt" ut1uCn W JO''' "
sufficient strength and skill
Anxious to retort the charges Of trick and
"subterfuge," which you had deservedly incur
red, you accuse me of initiating, in particular
instance these distinctive qualities of your rea-
soning. If such had been my weapons, should
have suppressed, in the passage cited from the
Debates Of the Lords, the part which you con-
slider so hostile to any argument But quoted
the whole, in order that the public might place
on il the proper Interpretation, denying at the
same time, for reasons then stated, that all the
usages of the House of Lords, were fit subjects
of introduction into the American Senate. |
persevere in this doctrine; in refusal 10 admit
that their usages are as you describe them; and
in the opinion that the cited act of the Lord
Chancellor, as reported, may be fairly consider
ed an nterDosilion on his part, against irrela-
tive discussion The circumstance of its oc-
curing as introductory TO speech which, as
a member of the House he had the right TO pro-
nounce. proves nothing more against this con-
structicn. than would be proved, if the interpo-
ssition had been after the speech, or unconnec-
lively with any speech.
Aware Of your obnoxiousness to such charg-
es. YOU eagerly disclaimed any 'wish to mis,ate
nv arguments in the slightest degree" and
..;.ol that tn avoid the DOSsibility of misre.