The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-30

Of this feeling while therefore proceed briefly To
vindicate the opinions which entertain, although
certainly not nsensibe 10 another and an opposite
that which is awakened by unmerited and relte
rated denunciation will endeavor 10 limit myself to
this defensive process and unnecessarily, however
unguarded the passes which lead TO II, 10 carry the
war into Africa.
The resolution under discussion proposes to dis
miss from the Office which they hold certain persons
who have been elected printers to this body. IL ne
cessarily assumes two things:
That the Senate has the power to do this act
2 That there is cause for the exercise Of this power
The first proposition includes these ideas
= That the Senate, as now assembled, Is invested
with the powers conferred upon it by the Constitution,
and authorized to exercise them as occasions may
arise.
g. That Messrs. Blair & Rives are officers of the
Senate.
That the tenure of their Office is during the piea-
sure fine Senate, and that they consequently
movable at its will.
will briefly consider these propositions of which
the first Is, that the Senate assembled is i'm
vested with the powers conferred upon by the Con-
stituiion and authorized to exercise them occasions
may arise.
The Senate as created by the Consultation, ana
composed otlmemhers who's numbers nd qualilicsr
tions are rsSsesltgd. y invested Nth c6S ppWaf4
Leaislaalss E1xb41fss, and Jadi<i W sss soia
that the resolution TO dismiss officer Of this House
properly belongs the Legislature session, and can
not be adopted in this, which is denominated an Ere
cutipe session. When this is denied, and the act to
be performed is also admitted 10 be neither Executive
nor Judicial il is exuliingy asked-What then, is III
Sir struck with the appositeness of the insan-
taneous answer given by the Senator from Kentucky
+" 1t is Senatorial" Ii belongs to the organisation
Of The Senate. 1t would result necessarily from the
power TO provide the for the efficient and
yenient exercise of its constitutional functions and
and must be- inherent in the Senate, whenever
bed. Let us examine this
The President has ,s IN hare
certain purposes specified in the summons addressed 10
each individual member. He has the constitutional
right to make this requstion and the correative duty
part is to put ourselves in condition to meet
it, Wemust assemble here in this Hall, organize the
body scruiinize the qualifications ofmembers and pro-
vide ourselves with proper officers for the convenient
and efficient discharge of constitutional functions
When these things are DONE it is the Senate OF the
United States which is assembled-not the Legisid-
tire Senate, not the ETecutipe Senate not the judi
ciai Senate but emphaticaly the Senate Of the United
Statesa body created by the Constitution, and in
vested by that instrument with Legislative, Executive,
and Judicial power Let US distinguish between the
constitutional grant of a power and the occasion
nate conferred by the Constitution, and must exist
whenever the body is assembled The occasion which
will call those powers into exercise are those which
contemplated by the Constitution and may arise
successfully, or at the time; separately or in
combination Thus, the Legislative power of the Sc
nate is subsistng power, inherent in its very nature
and constitution; but il is power which can only be
exercised concurrenty with the House Of Represen-
tatives That body must therefore be assembled to
call it into exercise The assemblage of that House
the transmission of bill to the Senate for concur
renee do not confer Legislative power but serve mere
y to call into activity power always inherent IN the
Senate, because part Of its constitutional organization
The is true Of its Executive power. That also
is inherent, always existing. When the President
submits nomination. treaty, il is called into ex-
ercise And the exhibition OF aticles of impeach-
by the House of Representatives calls into act
witty the Judicial power with which the Senate is in
vested by the Constitution.
This proposition is most startling to the opponents
Of the resolution, in its application to the Legislative
power. But is think, entirely free from difficulty
The proposition is that the Senate assembled
invested with all It's constitutional powers, and Ca
pable Of exercising them when proper occasions arise
II is agreed that this true in relation TO our execu
tive powers that being inherent in the Senate, be
cause conferred by the Constitution, they are callet
into exercise upon the presenment OF nomination OF
a treaty by tile Executive. Why? Because the Con
stitulon has cunided to the President and Senate the
power Of appointment, and the treaty making power
The Senate now assembled cannot make laws
Why2 Because, by the same Constitution the House
OF Representatives must participate IN their enactment
Now, suppose case The President has power tt
convene both Houses of Congress, either of them
He has convened this House. We here. The
Senate the United States is here in conformity te
his summons Suppose before our adjournment an exl
gency should arise which should require the action o.
both Houses and the House OF Representatives shoult
be convened by the special summons OF the Presi
dent does any one doubt the constitutional pow
er of legislation of this House, well as OF that
would then be called into exercise Does any on
suppose that it would be necessary to resummon thu
members of this House. TO constitute what gentlemen
call legislative session Would not the Senate OF tn,
United Stat g. assembled in special session, be
competent the of all its powers, legislative
well judicial to pass upon bill, or SIT IN Judg
articles of mpeachment from the other House
as we now exercise our Executive powers under a
nomination or a treaty4 If so, then the Senate has
constitutional independent existence; and, whenever
assembled is invested with all its powers, though the
occasion for heii exercise may not arise during ils
session.
The Senator from New Hampshire will see that
this view of the subject goes beyond the mere ques
ton OF the powers incident to the organization OF thf
body Ii aifirms the of all the constitutional
powers ofthe Senate whenever It Is assembled But
upon his view, and as incident to the power o.
organization merely, be comedies, argument gratia
that the printer the Senate is officer OF the body
holding at will. Then the Senate must have the
power to dismiss. The power to dismiss must be in.
cluded in the power to elect, the tenure OF ofct
ceases 10 be al will. The resolution in this pro
poses simply dismiss If adopted, il will of course
be followed by resolution to elect The same objec
might indeed have been accomplished by the action .
the Senate upon resolution TO elect, IN the Brtlsl
House OF Commons. The mover of this resolution
contents himself with single step-that OF dismissal
He desires promptly to dissolve the connexion between
the Senate the United States and these incumbens
as odous in its inception and inioleraoe in its con
tinuance Why do lis opponents complain that, y
addition to the removal OF political friend who com
mands all their sympathes the ardor of this debate
has abundantly proved they are not compelled at tn
time TO witness th, accession OF political oplo
nent still further TO disturb their equanmityl
Sir, the argument which have submitted TO tn
Senate in support Of the proposition that this body
whenever assembled is in possession of lis whole pow
ers as dcduced from the Constitution ITSELF is sus
tanned by the unvaIylng practice of the body, as re
ference its journals will show. Senators oppose
the resolution contend that this is an Executive se'
sion that competent only to the transactio
Of Executive business and that discussion
should be conducted with closed doors They g,