Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-08-18
but in the Deity exclusively, because He made

tbut in the Deity exclusively, because He made
1.-THE universe.
4 The House of Commons having, have SAID,
converted their messenger into presiding OIL
ficer, at length consummated the idea OF the
tpowers essential to- his new character. MS
idea is exposed TO the criticism of the world.
The world adopts it, and the acquiescence Of
ages confirms its authority. In this state OF
things, with the complete image before 1t, OF
presiding office, armed with certain powers,
and charged with certain duties, each branch
of the American legislature assemblies, though
under widely different circumstances. lhe
House of Representatives having the faculty OF
eecting its presiding officer, had also the facul-
" of charging his powers, or OF abrIdglng
keyen to the extreme Of annihilating those pow
ers What was the course OF that House! oa-
tisfied with the construction which the most
celebrated popular assembly Of modern times
bad, under the advantages Of long experience,
placed on the presiding power, and with the
ratification OF that construction by the common
sense Of mankind; regardless OF an exception
10 it which, in an insulated instance, may posi-
blv have survived the victory Of knowledge O.
yer feudal barbarity; the House of Representa-
tives, amid numerous rules formed for NUM-
cipal convenience, adopted none either enforc-
ing, or limiting, the received idea OF the pre-
siding power The rule which it seems that,
with desperate pertinacIty, you still mlscall an
"express rule" Of the House Of Representatives,
comforting on its Speaker the general power OF
calling 10 order, is in these words, viz: "lf any
member, in speaking or otherwise, fran$greSs me
rules Of the House, the Speaker shall, or any
member may, call him to order" AS tins rule
provides, in terms, for the cases Of violations
of the rules of the House, and for no other,
the inference from it is not only cogen, but I'M
| avoidable, that any disorder not falling within
| IFS operation, was left TO the operation OF some
other authority And where is that authority!
| There is no rule of the House for the rcpres-
sion of many disorders, which the Speaker,
with its entire acquiescence, and responding II
TO its lust expectations, has always undertaken to
repress. He must therefore have Lone so, by vir-
tue of some power which the House conceived
to be inherent in his Office, and not deserving the
formality Of regulation. Beside these disorders
which have been committed, others are possible,
to which also no rule can be applied Where IS the
rule against menaciug gestures&aga inst assaults!
Cases which, unless the indignant voice of the
| people be hereafter more respected than 1t was
during the last winter, will, in another place,
probably be historical. Can the most greedy
credulty believe that 1t would not be within
the power, and part Of the duty Of the Speak.
err. to call 10 order the member guilty Of such
limproprietics? Yet, reckless of the usages of
the House Of Representatives, and with the be-
setting feudalsm Of your logic, you argue, be-
cause that House has passed a rule requiring
the Speaker to interpose in some given cases Of
! irregularity, that it is an express rule,' APP
plicable TO every case.
Every State Legislature Of the Union, which,
or either Of whose branches, convened under
the circumstances that have been described had,
like the House of Representatives, the faculty
of determining the powers Of its presiding Off
Ger; butconcurred with that House in its prac-
teal assertion that some powers were inherent
in the presiding officer Of delioeralive assem-
bly,, and that consequently rules in regard to
such powers were superfuous.
A body capable as the House Of Representa-
,ives is, of choosing its presiding officer, has,
have admitted, the physical power to divest his
Office of lis characteristics, and thus change its
nature. SO too the people Of the United States,
in declaring that the Vice President "sha be
President Of the Senate" might have annexed
TO his Office any power or disability whatever.
But instead of doing so, they simply invested
him with the presiding power, and must there
fore be supposed 10 have understood that pow
er in the sense which custom had affixed to ii.
AS custom had long before declared hat the
right and duty of preserving order was an in
herent part ofthe presiding power, the People
in sending the Vice President to preside over
the Senate, required him to preserve order in
its proceedings. The Senate assembled then,
not like the other House with full power over
its municipal arrangements, but under the au-
thority of an instrumen. which uno t7atu en-
powered it to assemble, and the Vice President
to act as its presiding officer. 1t was then in
competent, even physically, to deprive this
funclonary of any of the capacities essential to
his office, or more briefly, to change the nature
Of that Office. Assumingit as reasonable pos
tuate. that the People, in appointing Presi-
dent of the Senate, intended him to perform
some duty, I inquire what that duty is. It is
prescribed no where in the Constitution, and a.
ny of which this instrument may be understood
to authorize his performance will, when speci-
fed, be found to compromise the preservation
Of order. If the People of the United States
did not affix to the presiding power the mean
ing which mankind had placed on it, did they
design to erect all empty pageant, or an automa-
Ton, which has recently been far less respecta-
bic in it's operationsthan that of Mr.. MaeIzel?
Tbs &c conjecture so dispara ging to their un-