The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-04-04

The 9th rule Of the Senate is in the following words.
"when member shsn be called 70 order by the Pfes
order shall be decided b. the Prssden, without debate
subject appeal % the senate and the President ns5
viii be seen that this rule does NOT expressly confer
the power Of calling order either upon the President or
senator, but implicitly admits that power in each. and
declares the consequences OF such call.
The constitutional provisions bearing upon this subject
are very brief. The hrst s
The Vice President Of thelUnited States be Pres
den the SENATE ba. shall have no vote, unless they be
equally divided"
The next is,
ngs punish us members disordry behavior and. with
the concurrence Of two-lhirds, expel member"
The first clause which have quoted confers no ex-
press powers yet the general powers and duties OF pre-
siding officer in parliamentary body, well under
stood by the trainers OF the constitution and il hardly
Be- doubted that they intended 70 confer upon ae ce
ance OF those duties But the power expressly conferred
to make rules to regulate It's proceedings clearly confer
red upon the Senate authority 10 make rules regulating
the conduct OF all its MEMBERS including its presiding Of
tcer. What then, we TO understand from This rule!
have awaited myself OF the leisare afforded by the
last TO look into the history Of this rule that
might, if possible, gather from the intent of the Senate
in adopting it. find that of the first acts OF this
body in 1859. was to appoint committee TO prepare
system OF rules for conducting business in the Senate
That committee reported number oil rules which were
adopted, and among the rest the two following
10th When member shall be called order, he shall SIT
down until the President shall have determined whether he
cded BY the President without debate; but If there be
doubt in his mind he may call for the OF the Senate
l7r II the member be called order for words spoken,
the exceponabe words shall be Immediately taken down
in writing that the President may be better enabled
OF the matter"
These rules renamed the same until 1898 but in 1926
Mr. CALHOUN, then Vice President declared that in his
words spoken in debate In 1928, the rules were refer
red to committee for revision and were reported with
up for consideration in the Senate, they were amended SO
as to read as they now do, namely:
"6.h When a member shall be called to order by the
ton shall be decded by the President without de-
bate subject appeal the Senate and the PRESIDENT
order.
words spoken the exceptionabe words shall Immediately
enabled judge of the matter"
pressy recognised the authority in the President to call
to order and gave an appeal from his decision which the
former rules did not / also made distinction between
words spoken by requiring in the latter that the OBJ
jectonable words should be reduced TO writing but not in
The On this ng ana
toms Register OF Debates vol 4, part page 27s to BAL
and in this debate, though senator's differed widely as to
amendment and as to the policy Of adopting it, yet all
seemed to concede that il adopted he would have such
power, and the amendment was finally agreed to by
ed that Mr.. CALHOUN,
The Vice President then and said that he took this
opportunity express his entire satisfaction with that
peal from the decision Of the Chair as il was not only ac-
coding strict principle, but would relieve the Chair from
Chair for him speak, but he assured the Sem
ate that he should always endeavo exercise with strict
impartiay."
II appears to me- then with all due respect to the opn-
ions Of Others that this rule recognised the power to call
to order in the Vice President and by implication at least
conferred that power upon him.
The next question is Does the possession Of the power
impose any duty 10 exercise The power, IT will be
seen, conferred equally upon the Chair and every
Der OF the Senate and precisely the language Is
the Duty then, imperative upon the President than
upon any and every member OF the Senate perform the
unpleasant but necessary task OF exercising i'll There is
ponding rule OF the House Of Representatives By the
22d rule of that body, member may call ORDER but il
is made the imperative duty Of the Speaker to do The
words
rules Of the House, the Speaker sha any member may
call to ORDER" &c.
II is perhaps to be regretted il the Senate desires that
gracious duty that It's rule had not been equally explicit
with that OF the House. The why senators so
seldom interfere by calling each other to order is doubt
less because they fear that their motives may be msun
derstood They do not like TO appear volunteers in
the discharge OF such an invidious duty The same feel
nss must, to some extent operate upon the Chair UNI
have come TO the conclusion though the authority be the
same yet that the duty may be imperative upon the
Chair than upon senator; and that il the painful ne
cessity shall hereafter arise, shall feel bound TO dis
charge my duty accordingly shall endeayor to do il
with the utmost impartiaity and respect know how
difficult it is to determine what is and what is not in
derto restrain improper language and yet not abridge
the freedom OF debate Blu, all must see how important il
is that the frat departure from the strict rule Of parliament
AIRY decorum should be checked as slight attack, or
even insnuaton, OF personal character, often provokes
more severe reion which brings out dsorderly
repy-each senator feeling justification IN the previous
aggression.
There is therefore, point proper TO ntepose for
the preservation OF order as TO check the first violation
OF t. IT, in my anxiety 10 do this, should sometimes
make mistake am happy 10 know that the Senate has
the remedy in its own hands, and that by appeal my
error may be corrected without injury to any Or II
have wholly mistaken my duty in this delicate matter,
the action OF the Senate will convince OF that
fact and in that event shall cheenuly leave il TO the
disposition OF the Senate. But have undoubting
confidence that while am right, shall be fully sus
tanned
trust shall be pardoned for making one or two sug
gestons points OF minor importance This body
has been long and Justly distinguished for its dignity
and decorum that cannot but apprehend that some neg
lect my part renders these remarks necessary. We
all know that many little irregularities may be tolerated
in a small body that would much disorder in
large one The Senate has increased from twenysx TO
sixty members The natural tendency OF the increase OF
members relax the discipne that when the strict
observance OF rules is most essential to the dignity and
The second rule 10 very sauary one, but perhaps too
stringent TO be always strictly observed in practice II
reads follows
"No member shall speak another or otherwise inter-
rupt the business Of the Senate any
while the journals public papers reading when any