Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1828-03-08
NattomaI Gomsrese.
SENATE-FEnRr,pv,,

aior, he shall sill down, and every ouesn, ,f 81
shall be decided by the President witbnu, s;sc,s;
subject TO appeal to the Senate; but the pssi,o
may call Tor Inc Of the Senate on any r
ordei''- l'No' Vi
MIR JOHNSTON, of Louisiana, said he was in favor
OIL he amendment which conferred the power of ,,ro
serving order the Presiding officer of the Uouss. h
cause he believed order essential TO deliberativc
sehoyand as The exercise of the power had been de-,
cinea, It became necessary invest the Chair with
power without which hk duties under The constitution
could not be performed the order Of the Senate be
Iese'Feu. he power must be vested some where
=. ieit"heu lie thought, of right 10 the Presiding
OiHce'. II was power usually exercised BY those
who presided over the deliberations of public bodies
ana II could not be exercised with effect By any ouer
u was clear from experience that the power OF calling
10 orcer would not ofdinlry cases he exe,c;se3
" ntioers he person entitled to the protection of
Tue House VINO was the object of persona! anmsGyer-
son. would not claim the Inference OF tho Isuse
oeG"use ne is on The Jor 10 defend himself Ills friends
w!i net, because seeing the injury already inflicted
1Hey VIII prefer the rg.t of repplnn ha ai;ecl, anil
doing justice 10 his own feelings The friends of te
assaat viii not seeing the party is present either TO
stop II by appealing 10 the Chair or by eycrcsno. br
right OF self de emce. The party excited by the sense
OF e injury assai!s his adversary in turn re,os
mates and insults. The party rcjons and scene dis
9aceiui 10 me actors, 10 the Senate, aaI the coua
,'E' eaSueS. here can II end, but in blows on the
door or In aa appeal 10 the fe ii of homo II benr
considered the daty Of all call 10 order il Is the mar
ucuiir duty OF no uac-and will tax c upon him
self 10 DO what cGualiy belongs to every obar
heT to do'ha interpretation wuuII be deemed az I.,st
o!c'ous, aud rcihaIs ty both rart!es-bu; what be-
comes o Tie business, the order Tie peace and dignity
o, '!e senate Su' ii tie Foner i, conferred On t.a
Char II becomes his Pc cuiiar tniy under his ,cspUn-
s1't'y, 10 c%cici.c II promptly and firmly II, The
oeua'c lie duty Is divided, and the responsibility los,
oy ul'ison--H becomes mere right, without impo-
sing any oogatlon or duty, aud there III De no rene
dy Tor The confusion and disorder which personal nuar
rels may introduce into this place.
iEis much have said in regard 10 the cxpedicncy
III co,'e,f',G me power. But the power 10 preside
frorn
power OF presiding presuFposes certain duties Inherent
10 INC ohceF and requires law rules TO confer
me right lie has right by virtue OF his clice 10 sit
IN the Senateto superntcnd It's ptoceed:i,rsto pre
side over lis deberations-to put all oues,iyns-o adj
minister oatrs to Judge CT tie violations of the, :,:;es
aud To enforce etn and 10 do every thing which he
longs to the Office. The Senate have .he right 60
prescribe rules. But he is he executive officer here
lie has general duty OF presiding the boy aC-
cording to the custom such bodies The Senate ma,
prescribe rules 10 extend, OF ii:n explain ;s :,
Ell al duties
The rig! to perform tie duties which belong to the
officer Is right inherent in the otcer not EXPRESSED
IN words, nor are the duties susceptible of eunera.
ton ihat, without which the Office cannot be is am
essential part Of lis nature ard is inherent in tle ching
IS Tie qua'ty Is Inherent IN matter. Ic hi 10 pre-
soc '%piessy cen:ofred oy the office. But the right
10 enter lie Senate and 10 he present lis Geibera-
'ios, which cannot tic questioned, is Inherent not eX
p7essed--i IS IMPLIED, because is essential 10 the per-
orpance OF The ti!icc, and without which The Office
could not be- The right to do, when there what PEI
,
dou5t OF Ais right 10 do dues HAT belong the Office
W bat those duties must be GeiycdIom the nature
ui HE fIce and the genera! understanding and usane
The constitution CT Gates the Vice President ex of
hc!o President of the sieuaten The right aud duty of
presiding IN ta body inferred from the words winch
create !IAt Office The act vi presiding body
whose dn'J Is to deliberate, debate and De, de
on questions OF greatest interest egSiItve executive
and judicial Trq;i; that the bod, should be Kept Tree
H"m interruption, confusion disorder Ii REQUIRES
mat oIde ID us sr'ct Parliamentary sense, should be
'naintaLed 1t is the right of projecting aud pteser-
wing Che body itself Il is right without which The
regular action of the body could no, be carried on
10 whom does this duty bciong presiding officer
or Inc COLLECTIVE body, or The membet?-Wh was in
contemplation OF those who created tue Caice? What
IS The general accepiation? What the dut, of all
those who, uuJer whatever name are called to preside
public bodies Order is The first law OF every DO
dy and lie who presid1s, must preserve it-sucl is
ihe universal understanding aud usage with regard
10 ii.
The constitution has provided that when the Presi-
dent OF the United States is tried impea cinent be
tore the Senate, the Chief Justice shall preside What
rights and duties does this nposea Certainly if consti
tntes him the head of the Court Tough not a member
lie presdes over the Senate, coDducts the trial pre
serves ORDER and does all other necessary TO fulfil
| the duly On the trial of Judge that Office would
deFolye the President Of the Senate who in L,e
Hanncr would conduct The trial. preserve order inter
rogate witnesses, take the opinion Of the Senate; and
do all other acts pertaining tie presiding officer OF
the House, of which the trial of Judge Chase furnishes
! an example. In like manner, the President of the
Senate must preside in all legislative PROCEEDINGS
There IS an equal authority and necessity both and
sensible distinction can be taken In both houses
it implies the duties. The Chief Justice woud
under the right TO 'preside,n tie power Of
preserving order By right universally conceded as
indispensable his duty, not by express dcleoa,cn
or by virtue Of any rule, but necessary incident
The President of the Senate, in similar circumstances
would hay the right TO exercise the same PRIVILEGES.
aud The right TO preside IN all other implies the
same means; and such has been the uniform practice in
tue Senate from the beginnings power never doubtgi
by the presiding oiicerneYcr questioned by The Sen
ate. The Senate cannot be organized hold IFS ses
siOns until the president of the Senate is present or
some in his place. lie administers the oath 20 the
other members; he puts all questions; bat there is no
law rule Of the Senate this. II purely by yir
tue Of his Office, call that power what you will
Mr. Jefferson, when he came TO be President of the
Senate had just and comprehensive view of the dn
lies Of the place. lie that they did not consist