Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-24

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Is derived from the constitution itse that belongs to-
anu Is uherenfin the office: and TO this view OF the
SuDeet the question owes its great Importance. Kr. "
d. SAID he was at loss how TO pretenon i'm his
conception so eXtavagant, in consistent with
the respect he entertained for those who had advanced H.
re mad at an early period of the debate when il had
oeeH alluded tobut not so formally and earnestly insist
ed on as now-made his business 10 discredit and as
far as allowable TO censure the doctrine conended for
SINCE that period, the had been discussed by his
iriends--irom Delaware (Mr McLane Tennessee MIR
Mmte) Kentucky (Nlr Rowan) and Virginia, (Messrs
Iazewel and TylerD in a manner which he could nos
hope TO equal They had literally nothing for the adj
yocates OF the inherent Po,oer The chair TO stand upon
what said he are the provisions Of the constitution hs
bear upon the question: BY the third section of the first
article is declared 'that the Vice President of the Uni
ed States shall be President OF the Senate; but SHALL
have no VOTE, UNLESS THEY BE EQUALLY
DIED. In the teeth of This express provision il is grave
" commended not only that he shall hare a rote where
e senate Is nor equally divided but that he shall have
the tcoie cote; and that upon question involving the
freedom OF debate and by consequence the interests Of
our constituents. Again. By the fifth ecton of the same
article, the TeS Of order means OF their enforce
men are, in terms, subjected TO the legislation of the
Senate: but il is as gravev commended f,t Ills nro
VISION to the contrary Notwithstanding the subject land
as he would hereafter show, the whole sulecO rests
10y the true construction Of the constitutions in the
discretion Of the Vice President And what Sir said
he, is the foundation upon which this high reaching pre-.
tension is founded Its other than the doctrine of i'm
Pnea Polces 1t is to register this, also, among the con-
suucVe powers oil the government and its functonaIies
That the gentlemen the other side invoke TO their aid
principle which has already done such extensive violence
10 e constitutional principle which, defined prac-
used upon by many OF the public men of the day leaves
no oher restriction upon power than the discretion or ca
price oil lis posSessor-a principle which, in the sense in
which is understood by many is never SO true to itself
as when is false 10 the constitution. Relaxed as the SEN
unents of public had become in regard TO consi,u
tonal construction still he could anticipated what
appeared TO him TO be fragrant perversion Of the doc
tne OF implied po,cers. What more should he say in re-
ply The implied power claimed for the Vice President
is not only inconsistent with provision of the constitu
uon but expressly inhibited by another. The constit-
ton not only denies TO the Vice President this right by
one provision Mr. " b. had read, but expressly places il
elsewhere by another which he had also read.
III, said he, direct Inconsistency and express inhibition
cannot stay the march OF implication then has implca-
ton become too rampant for the words soberness and
rum; Let us, for one moment said Mr. Van Buren,,
CONSIDER the consequences that must result from this doc
rne, H. In an evil hour, should be established The
Senator from Missouri, (lr Barton0 was evidently dis
esSed by the consciousness of the alarming character of
those consequences He had endeavcred TO relieve him
sell by saying that this power would be subject 10 the re-
gulaton of the Senate and if abused igh he con,roll
by It's rules But said Mr.. Van Buren, this attempt does
not exhibit the precision and correctness by which the
views of that gentleman are frequently Recommended to
our houce lie must either abandon his position or seek
other relief from the consequences Of his own argument
l. the power in dispute belongs he oiice-i as gentle
men say II be inherent in the office and be made so nv
the constitution, il is wholly beyond our leeis!qfiOn We
nave no right TO touch ii TO do would be higthand-
eu upon the constitutional rights OF the
eonu oincer OF the government The power conferred
upon him by our rules, upon the subject of order is I'M
der our control In these, his ministerial duties he IS
our servant ana subject to our law. But you now pro-
pose 10 concede TO him high judicial pOtcer and YOU
trace his title to on authority higher than your own on
authority paramount TO aIl--the constitution.
You might said Mr. V. b., with as much proprietv nm
dertake explain modify or control the exscuive no,
OF the President of the Upted States by YOUR rules ne m
control tins power, il it springs directly from the const
uon Gentlemen must excuse him, il having out of vcyy
the words in which they fit to clote their propositions
he hed them responsible in argument for their legitimate
results course different from this would neither COMFORT
with the dignity OF the OCCASION interest awakened
by the subject Among those results were the tollownq
~ me slee-President be made, by the constitutions the
Judge OF The prOprety of debate and has the ipt ~
can US TO ORDER when, in his discretion, he may think we
Voae That poPety then his rights duties in ha,
respect, not only not subject legislation but he
would become the sole Judge of the extent OF this power
and the means OF enforcing it, without any other direct
responsibility than that secured by the right of mpeach
ment Then, too has he The right to enforce his de-
cision by furnishing disobcdience and all tle po,vcr
OF the Senate upon the subject be subordinate TO
ms 1t was in his Judgment, idle talk about the poer
keep order without the means of enforcing decisions by
bad taken better view Of the matter by giving 10 the
Senate The right TO punish for disorder even 10 expulsion
as necessary part oil its control the subject liza ST.
mar power in the Vice President be implied bv the CON
stitution, the means TO enforce it are also implied If
power IN the Vice President call TO order for words
spoken debate be implied he must decide upon all ques
tons growing out of its exercise without being subjected
to the control OF the Senate For unless the positive pro-
VISION OF the constitution is to be disregarded lac cannot
vote with unless the Senate be equally divided These
are, them separate and distinct powers traced 20 the same
source, and acting upon the same subect-matte and ono
or the other must be supreme, the whole will be vain
ana imperative Suppose the Senate by its rules allow
be in order what the Vice President f., ,ic, c ~
inherent right holds to be Of ORDER which is to prey2
The result then, said Mr. V. b., of the doctrine con-
tended for when stripped Of all unnecessary verbage and
that II is within the constitutional competency of the Vice
President, IT. in the exercise of his best discretion he thinks
Senator urges excepGonablc matter in debate or insists
on matter that IS irrelevant prohibit the prosecution Of
he debate except upon such terms and in sach form as
the Vice President shall prescribe and TO exercise the
means necessary 10 carry that power into effect without
authority from or responsibility 10 this body the in
divdua Senators, save through impeachment
lie asked the indulgence of the Senate whilst he sub
mittcd few observations upon the character of The power
proposed to be conceded TO the Vice President az appcr
tanning to his Office and The nature and importance Of tho
rights OF the Senate proposed be surrendered
When speak OF their importance, do not mean in fer
ence 10 u3, but 70 our constituents.
For what must be the character Of the collisions which
In the course OF events alone be expected to produce
any thing like mar ed exercise OF this great power 10
control debaie Is it az al likely that they will arise from
personal alterations among ourselves? Surely not For
their suppression the present ample. The Con-
suion aud the rules OF the Senate made under IT, afford
Of themselves ample shield for individual projections
pose that 50 spirit existed within these walls ash,
make II necessary desirable to place this power
in the hands OF the Vice President because we might be
unwilling 10 protect ourselves. He was quite confident
that danger 10 be apprehendcd from that quarter
strong ground is faken Upon this subject sad he
II 'cW arise oUt Of he intercourse Q This 6ody Dih The
CO. ordinate and H TiUG departments gf his
government II is from our Mey bear upon
tho Executive and its inferior Inctionarcs and up
on the judiciary and its subodiDaies that such pro-
cceding alone be expected From the present con-
dton a things abuse In that respect might be likely n
take place But The present is not the natural state of
things Yin general The President and Vice Presicn, viii
belong 10 the political party. 1t is only when ues
taft they