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

mode OF lis proceedings, Sc containing divers provi-
sions upon the subject of order, declaring what 4,
members might do 81 what they should not be per-
United 10 do The enforcement of these rules ia
made the duty OF the presiding officer, whether he
be the FicePresident or President pro temPore.---
Scarcely day passes without the perforinarfcc
OF some act by the presiding officer, in fulflmen-
Of that deity. Ii - 10 these acts that gentlemen,
refer, in order to sustain q claim to power alto
Scther different. They do not perceive that these
are acts OF a merely Disfitsfsggo! cfcTN.tt-- -
which character the orga, OF the Senate, .e 10
subject to such control and supsry.si,A as this
body may, from time 10 time, nrescrbc.--
In cases thus provided for 10 difficulty has ari-
sen, arise.
| Another question has now been made, and il i,
this: 1t is contended that in addition to the
| ceded powers Of the Chair upon the subject CT
order, at IS competent for the pIce PTeSiden.
TO call Il Senator to order for 1o0rdS spoksn ~,
debate, upon the ground eithCT that tiey do not
relate to the subject isndeT discussion, or ac-
connf Of their otherwise erceptionG5le character.
| 1 nat right is, by the rules, given to every SEN
aior; hut has not yet been conferred on the pre-
siding officer. Il, therefore, it exist, il must, be-
/ derived from source other than the rules ofthi5
/ House. Dr-on 10 this alternative, the gentle
men contend that it IS derived from the constity.-
ton ltseil; that 1t belongs 10, and is inherent in.
the Office: and il is 70 this view of the susectt the
/ question owes It's great importance. MIR. v. Z.
said he was at loss how 70 treat pretension, in
ms conception SO oXtravagant, in manner con-
slStcnt with The respect he entertained for those
who had advanced il. He had, at an early pc
rod OF the debate, when II had been alluded To-
but not so formally and earnestly Insisted on a.
nOW-made il his business to discredit, and "a
tar as allowable, to ccnsure the doctrine contend
ed tor. Since that period, the matt had been
discussed hy his iiiends-ircm Delaware, (ME.
AicLane,) Tennessee, Mr.. White,) Kentucky
oar. Brown,) and Virginia, (AIessrs TaZewell 81
Iy!cr) in manner which ne could not hope 10
equal. They had literally left nothing for the
advocates of,he inherent p0icer 81 the CHAR 70
stand upon. What, said he, are tic provisions OF
the constitution that bear UPON the question? b.
the third section of the first article i is declared,
Sc that the President OF the United States
= shall be President the Senate; but snail have
8. no vote, unless they be equally divided" Ia
the teeth OF this press piolis il is graveiy
contendcd, not only ulal he shall kEse q 1o.s
where fhe Senate is net equally divided, but tia:
he SHAH have the trh0!e v0.e; and that upon !,
question involving the freedom of debate, and b.
consequence the interests ci our constituents
Again: BY the fifth section OF the article,
the rHiCS IF eyder, aud the means CT their ef-
iorCemcnt are IN terms subjected 10 the Legislation
AZ the Senate; but il is now as grayely contcnde3
ihat.this provision TO the contrary Notwithstanding,
the subject (ani as he would hereafter show, tie
Whole sutJcci) rests, by the true construction CT
the constitution. III the discretion of the Vice Pre-
sGent. And nat, SIS, said he, is tie foundation
upon which tbs hist-scachng tension is tciin-
ed; II is no other than the doctrine OF impie1
p0U crS. IL is TO register this, alsp among Tie
constructive powers OF the government and its
iunctionorics, that the gentlemen on the oiher
side invoke 10 their aid principle which has a.
icalN zone ShCh extensive violence 10 the
iution--a principle which, as defined and pract.
sed upon by many of the public Inen OF the day.
leaves no other restriction upon power than the
discretion or caprice Of its poSsessor-@ principle
which, IN the sense in which II Is understood BIZ
many, is true to Itself as when II IS false
/ 10 the constitution. Relaxed as the sentineniso i
public men had become III regard 10 constitutional
construction, still he could not have anticipated
/ what appeared TO him to be 50 hIgrant per-
version Of the doctrine OF implied PotcsTS. What
! more should he say in reply? The implied pow
er claimed orrhe Vice President j. not only ;nCon-
ssteut with provision OF the Constitution, b.:
i, expressly inhibited 10y another. The coastitu-
ton not only denies TO the Vice President Ills right
hy provision iLr. Y. Is had read, but express
iy places il elsewhere by another which hc iad.
also read.
81, said he, direct inconsistency and express in
hibitiou cannot stay the march Of implication, then
has implication become too rampant FOR the words
Of snbcrncss and truth Let us, for one moment,
said Mr.. ' an BuTen, consider the consequences
that must result from Tins doctrine, II, in on evil
hour, 1t should be- established. The Senator from
= is.c lri, {Alr. Baron,) evidently distressed
by the consciousness OF the alarming character OF
those consequences. lie had cndeavored to re-
beyc himself 10y saying that this power would be
subject 10 the regulation OF the Senate and, If =
bused might hc controlled by Its rules. But, said
Mr.. Van Huren, this attemp; does not exhibit the
prcc ion aud correctness 6y which the views Of
that gentleman arc frequently recommended TO
our notice. lie must either abandon bis position,
or seek other clief from the consequences Of his
70 tho Oiiice-ii, gentlemen say, il he inherent
ia the Office, and be made so by the constitution,
IL I, wholly bcYOHd AIR legislation. We have
right 20 touch IL 20 DO so would be bich-haud-
cd enc,.achn-u, uuon the cons tuilonai riEi4is %
the second officer %! the government 7 he poYee:
conferred upon hiin by oar rules, upon She sab
jcct oforIor, is under control. In these, his
rqinisterioi duties, he is our servant, and subject
, 70 our law. Lut you now propose 10 conccde o.
him u high jgfirGi polce, aud you trace l,is tf..
90 ~ 20 an authority higher than your own;
, ihoriiy paramount 20 ai.--tbg constitution.
You might, said Nlr. Y r, with much pro-
priety undertake to explain, modify control.
, the executive power of Tie President Of the Uni
ted states by your rules as ~ control this power
If 10 spring directly from thc constitution. Con
- tlcmrn must excuse him, IL laying ont Of view the
words in Which they 81 Co ci0the heir pfopesi
tioas, hc hcId nem responsible BOO argument iyr
= tlcir legitimate results. s course different from
this would neither compori with tie dignity Of tho
- occasion. nor the interest awakened By tie sub
icct Among those results were the toilOwing;--.
It the Vice President be made. by the consttu.
ton, the Judge If the propHcty Of ourdebaie, and
has the Iislt to- call us 90 order IS hen. in bis de-
- erection he may tink gc violate that proprietg
tlirn are bis rights and duties u jhat respect nor
q only rot subject 10 our legislation, hit be would
y hccorne the sale ii -c Of thc ckirht OF this pow
. or, aud the moons Of enforcing 10. without any
other direct ioron.ihility than ulat secured hy ua
. i.gh' OF Impeachment Then, top has he ne
- FRIGHT ~ enforce IBIS decision ~ furnishing difobe.
die nee and all tle power Of the Senate upon flis
y subject must be- elh0Ftinats 10 h-. Ii was DO his
/. Judgment, tjlo 20 alk about the power 10 keep
ugicr without 900 inuaus o; cuiOrCire decisions ~