Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1826-04-20

the politicians OF the Virginia school tell US
that Congress can do nothing except what is
expressly set down in the Constitution, so that
but for the 9th section the first article Con-
gress could neither have declared war, nor
made peace, nor laid taxes, nor coined money,
nor paid debts, nor borrowed money, nor exer-
cised any Of the other essential and inherent
powers Of experimentation the contrary, We
apprehend that if the Constitution had been si-
lent upon these subjects, Congress would have
possessed the same power that it does now.
They are the essential attributes Of sovereignty
possessed by every independent government,
unless expressly taken from it by the Constitu-
ton. So we hold il to be one Of the essential
attributes of presiding officer in a delibera-
tive assembly as well as in Courts ofjuslice, 10
preserve order, and, therefore, it was unnecess
sary to make rule giving the Vice President
this power.
The Senate ofthe United States, on Saturday
last, on motion of Mr.. RANDOLPH proceeded
to consider the motion submitted by him to re-
scind the TWO rules of the Senate which place
the power of appointing the committees, and
the supervision Of the Journal, with the Presid-
ing Officer.
A debate oftwo hours duration took place on
this motion, in which Mr.. RANDOLPH spoke
repeatedly in support Of the expectancy and
constitutional necessity Of the proposed change
in the Rules-or rather their restoration to what
they had been-and, in explanation of his views
in regard to parliamentary forms-of the rights
and duties Of presiding officers and members of
legislative ENTHUSIASTICALLY Of those Of the
Senate of the United States-and contending,
amongst other positions, that it is not the duty,
nor the right, of the President of the Senate 20
call member to order until the call is made by
a member, and an appeal be made TO the Chair,
&c.
The resolutions having been agreed to
The VICE PRESIDENT rose and said, he
trusted that the Senate would indulge him in
making few observations before he resumed
his seat, as the debate OH the subject just decid-
ed had relation necessarily 10 the duties Of the
Chair.
No one more than myself, said the Vice Pre-
sident, can be more deeply impressed with the
great truth, that the preservation Of rights de-
ponds, mainly, on their exercise. That nation
deserved to conquer the world, which called its
army erercitus; and so will the nation deserve
that It's Liberty shall be immortal, which lays
the foundation of its system of Government on
the great principles, that no power ought to be
delegated which Can be fairly exercised by the
{ constituent body, and that none ought ever to
be delegated but to responsible agents. These
have been my maxims through the whole Of my
political life ,and should be Inconsistent with
myself, if did not give my entire assent to the
principles on which the rules in question have
been rescinded. trust, said he, that it never
will be the ambition of him, whose lot it is now
to occupy this Chair, to enlarge its powers
My ambition, / hope, pursues different direc-
:ion-not 10 enlarge powers, but to discharge,
with industry, fidelity and 6rmness, the duties
which may be imposed on me. Thus feeling,
l shall witness, with pleasure, the resumption
Of all the powers which can be properly exer-
cised by the Senate, as they will then be placed,
where alone they can be with perfect safety.
From the direction which the debate, in some
degree, took, as well as from what has been said
without these walls, it becomes, on this occa-
sion, proper that should state, for the infor-
nation Of this body, the construction that the
Chair has put upon the 9th and 9TH rules of the |
Senate.-They are in the following words:
"When member shall be called to order, |
" he shall sit down, until the President shall
" have determined whether he is in order or not;
I" and every questiun Of order shall be decided
" by the President, without debate; but if there
&C be doubt in his mind he may call for the
" sense of the Senate.
elf the member be called to order, for words
" spoken, the exceptionable words shall imme-
" diately be taken down, in writing, that the
" President may be better enabled to Judge OF
" the matter"
The Chair, said the VICE PRESIDENT, has
bestowed its most deliberate aud anxious at
tention, by night and by day, on the ques-
ton of the extent Of its powers, under cor
rect construction Of these rules, and has set
tied in the conviction, that the right to call
to order, on questions touching the latitude or
freedom of debate, belongs exclusively 70 the,
members Of this body, and not to The Chair
The power of the presiding officer, on these
great points, is an appellate power only, and
consequently, the duties of the chair COM
mence when Senator is called to order by
a Senator Whenever such call shall be
made, the Chair will not be found unprepared
to discharge its only functions in such case
that Of deciding on the point of order submit
ted. What the opinion of the presiding officer
is, in relation to the freedom of debate in this
body, it will be time to declare, when question
NAV be presented; but, such as it is, it will be
firmly, and, trust may add, fearlessly main
tanned But, rejoice that the rules Of the Sc
nate on point SO important, gave to the Chair
no original power, and that it can exercise no
controul till called on by the Senate ITSELF
IN ;teaIf he aid in strict roufOr-