Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1828-04-29

senate DC equally CfVlicu. these are, then, Sc.
parate end distinct powers, traced to the same
source. and acting upon the subject matter;
and one or the other must be supreme, or the !
whole will be vain and imperative. Suppose the ,
Senate by its rules, allow TO be in order what the
Eicc-Presidcnt. in virtue OF his Inherent right, |
holds 10 be out o: order, which IL 10 prevail
The result, then, said Mr.. V. H., of the doc
tr.nc contended Tor, when stripped CT all
sary verbiagc an! eXraneous considerations, is no |
more nor less than this thatit is within the con-
stitutiona competency of the Vice President i. in
tho exercise of his best discretion, ~ thinks Sc
nator urges exccpiionable matter in debate, or |
insist matter that Is irrclcven, TO prohibit the
prosecution of the debate, except upon such terms
and in such form, the Vice President shall pre-
scribe, and to exercise the necessary to car
sy that power into effect, without authority
possibility TO this body 10 the individual Scna-
tors, save through impeachment.
Nc asked the indulgence OF the Senate, whilst
lie submitted few observations upon the charac-
ter Ut tie power proposed to be conceded to the
Vice President, as appeItaining his office, and
The nature and importance of the rights OF the Sc
nate now proposed TO he surrendered. When
speak of their importance, do not mean in refer
cnce TO us, but TO constituents
For what must be the character of the collisions
which III the course Of events cad alone be ex-
pected toproduce any thing like marked c xercise
of this great power TO control debate. Is it ut all
likely that they viii arise from personal altcrcatons
among ourselves? Surely not. For their suppress
sion the present means ample. The Cunstitu-
ton, and the rules of The Senate made under il, az
ford OF themselves ample shield for individual
protection, IL any shield be necessary: and he hon
ID no one would suppose that craven a spirit
existed within these walls 10 make il necessary
even desirable 20 place this power in The hands
OF the Vice President, because we might be I'M
willing 10 protect ourselves he was quite conf
dent that no danger was to be apprehended from
that quarter strong ground IS erer taken I'm
on this saec, said lie, ii tvN arise out offhc in
:crco,TSe Of this body ,cih the coordinate, ana
III some Sc.iSe rial, Departments Of this govern
rvcnt. 1t is from our acts as they bear upon the
Executive and its inferior functionaries and unon
The Judiciary and its subodnates, that such pro
ceeding can alone be expected. From the present
condition OF things, abuse III that respect might not
be likely 90 take place. But the present is not the
natural state OF things. In general, the President
and Vice President will belong to the same polti-
cal party IL as only when times are out of joint,
that they viii be taken from different sides. The
present case is exception growing out of that
cause. In considering the future, you mus, con-
template different condition OF things or YOU will
hot act wisely: II is only TO guard against the
buses Of political trust that constitutional resric-
tons are provided. Were it not for the inherent
and inc xtnguishable disposition of man TO abuse
delegated power, they would not be necessary.
Who, said he, can be blind to the consequences
that in the political agitations of the times may be
fairly apprehended from the possession Of this DOW
or by the Vice-Presidcnt? Who cannot see what
tremendous engine 1t may become in tie hands of
ambitious and still aspiring Executive? That il
may give him, through the agency of his politca,
friend and coadjutor in this BODY complete and
Irresistible control over the debates ofits embers
and consequently over the extent and character of
the information public affairs TO be given through
Us 10 the people?
The connection Of the Executive with the SEN
ale is much closer than with the House of Rep
resentatives. Upon the subject of treaties, APP
poirtments, and the whole range of Executive
business, the Senate is almost the only check
II is therefore, OF vital importance that il should
be wholly exempt from Executive control. This
body was looked 10 by the trainers of the Consti-
ffffOr for, Cd
rights OF the States, and framed as to cherish
that sentiment on the part OF its members It's
here alone that the federal principle had been
preserved: principle valuable to all, but particu-
iarly to the small States for il is in this depart
rnent alone that their perfect equality is recognis
ed. But where, Sir, will be its efficiency If the
doctrine contended for be established. When
hereafter, Senator shall feel TO be his duty 10
attempt in language which he may think the &C.
cason requires, TO arrest the encroachmcnts ofthe
Executivo,or 10 seek redress by exposing abuses of
trust on its part or that any of its su5ordnates
he may find his lips closed not indeed as of old
by gdgld,D, but by power far more effectual
lie may perhaps be told, that although it is his
right 70 canvass freely, the public acts Of the
President and his cabinet, it must be done in a
manner more dccorous; that their motives are not
60 be rudely scanned and dscredited; that debates
OF that character, having tendency uniustly to
ALLEVIATE the confidence of the people, are out of
order; that If he will shape his periods according
to Che prescribed form, and measure the extent
and bitterness of his denunciation by the admins
traton STANDARD, he may goon-but if net, ne must
dcsist.
IT, said he, it should hereafter become manifest
70 portion, even majority OF this House. that
tie third power of the Federal Governments Great
ed and supported by the other two, is gradually
though TO the great mass Of the people impercepti-
bly,, subvcrting the reserved rights of the States,
and undermining the Constitution Of the T. States
in-somc Of its most essential points; and If, on
subject ofsuch vital importance, the representative
OF sovereign State should express himself on this
floor in manner calculated TO suppress the mis-
chief, but yet without just offence TO propriety he
may e2pectto be toldfrom that Chair, that although
the acts OF coordinate branch OF the government
when coming properly before the Senate, are ha- !
t1e TO free examination; yet the ernine of Justice
is not to be thus Tudely assaulted within these walls
Could there, he asked, be any principle which |!
would more efiectually PROSTATE the independence
Of this body? And was il TO be endured that the |
members Of the Senate should hold the invaluable |
right OF free debate by so frail and Illuminating |
tenure! In his opinion the Senate would be want |
ing in what is owed to its constituents to itself 20
lis true interests and dignity, if it could for mo
rnent lend its sanction to principle untenable
and so dangerous. The Senate, heretofore, he !
said, had not been insensible TO what belonged To
its rights 1t was but the session before the last
that the Executive, in communication to us, ad-
vdnced pretensioD Incompatible with the consttu-
tional rights Of the Senate And low was it receiy
cd! II was not the exercise, but merely the asser-
don OF power, OF his partan assertion, il is true
wholly unsupportablc; and he believed no one /
would deny, most unwisely put forth And how |
were introduced, denouncing the uniounded as !
sumption an Executive encroachment that ought |
to be resisted disposition to do So and 10 pre- !
serve and maintain the lust rights of The bodv |