Weekly national intelligencer., 1850-04-06
The sixth rule Of the Senate il in the following words

The sixth rule Of the Senate is in the following words
"When member shall be called order by the President
Senator he shall sit down, and question ct order
shall be decided by the President without debate subject to
appeal TO the Senate and the President may call for the
sense OF the Senate on any question OF order"
II will be that this rule does not expressly confer the
power Of calling order either upon the President or Sc
naor but impedy admits that power each, and declares
the consequences OF such call.
The constitutional provisions bearing upon this subject are
very brief. The first is
The Vice President of the United States shall be Pres
dent OF the Senate and shall have vote unless they be
equally divided"
Each House may determine the rules Of its proceedings
punish its for dsordery behavior, and with The
currenee OF two-thirds expel member"
The first clause which have quoted coners express
powers yet the general powers and duties Of presiding
officer IN parliamentary debate well understood by the
trainers Of the constitution, and hardly be doubted that
they intended to confer upon the Vice President those powers
and required Of him the performance Of those duties But
the power expressly conferred to ake rules fesuiaIe
proceedinss clearly conasa upon The Sense authority
make regulating the conduct Of its members including
It's presiding officer What then, we TO understand from
thisruls
have awaited myself of the leisure afforded by the last
recess, to look into the history of this rule that might if
possible, gather from the intent Of the Senate in adopting it,
nd that one Of the first acts Of this body in 7s9 was TO
appoint committee "prepae system Of rules for conduct
ing business in the Senate"
That committee reported number of rules which
adopted and among the rest the two following:
sit down until the President shall have whether
ne IS IN order or not Every question OF order shall be de-
cided by the President without debate and there doubt
In his mind, he may call for the Of the Senate.
l!th II member be called order for words spoken,
the exceponabe words shall be Immediately taken down in
writing that the President may be better enabled Judge of
the matter"
These rules remained the until 1928 but in 1925
Mr. Calhoun, then Vice President declared that, in his
opinion he had authority to call Senator to order for
words spoken in debate In 1928 the rules referred to
committee for revision, and reported wi.hou, any
amendment to these rules but when they up for
sderaon in the Senate they amended read
they now DO, namely
6lh When member shall be called order by the Pre-
adent Senator he shall sit down and every question OF
order shall be decided by the President without debate sub
ect appeal the Senate and the President may call
Tor the sense OF the Senate any question OF order.
eth. II member be called to order BY Senator for
words spoken, the exceptonable words shall Immediately be
taken down writing that the President may be better
abled to judge OF the natter.
1t will be by the comparison that the proposed rule
expressly recognised the authority in the President call to
order and gave appeal from his decson which the former
rules did
II also made distinction between call to order for
words spoken by the President and by Senator for words
spoken by requiring in the latter that the Objectionable
words should be reduced writing, but not in the former
On this amendment long and interesting debate sprung up,
which may be found Gales Seatons Reg of Deb, vol
pit 27s to Sal and in this debate, though Senators
differed widely the Of the President to call to order
without the amendment and to the policy OF adopting it
yet all seemed to conclude that adopted he would have less
power and the amendment finally agreed to by vote Of
thaa two to and theeupon is reported that Mr.
Calhoun
The VICE PRESIDENT then rose and said tina, he took
this opportunity express his entire satisfaction with that
portion Of the amendment giving TO Senators the right OF
cordng strict principle but would relieve the Chair from
most delicate duty As 10 the conferred upon the
Chair him speak, but he assured the Senate
that he should always endeavor to exercise with strict I'M
partality."
appears me- them with all due respect the opinions
Others that this rule recognised the power to call to order
the Vice President and by implication least conferred
that power upon him.
The question is does the possession Of the power
impose any duty to exercise il
The power will be seen, conferred equally upon the
Chair and every member Of the Senate and in precisely the
language. s the duty then imperative upon the
President than upon any and member Of the Senate to
perform the unpleasant but necessary task of exercising
There is marked distinction between this rule and the cor
responding rule of the House Of Representatives, by the
22d rule of that body member may call to order, but
it made the imperative duty Of the Speaker to do The
words
rules of the House. the Speaker sia any member may
cali to order" Sc.
is perhaps be regretted if the Senate desires that its
presiding officer should perform this delicate and ungracous
duty that its rule had been equally explicit with that Of
the House.
The why Senators seldom interfere by calling
each other oe doubtless because they fear that their
motives may be misunderstood They do like appear
The same feeling must to extent operate upon the
Chair, unless his duty be papable. But upon
ection have to the conclusion though the authority
be the yet that the duty may he imperative upon
the Chair than upon the Senate ard that the painful
cesy shall hereafter arise, shall feel bound to discharge my
duty accordingly shall endeavor do it with the
mpartiality ard respect know how difficult is deter
mine what is and what orders to restrain improper
language, aud yet not abrdge the freedom Of debate But
all must how that the first departure from
the src. rule of parliamentary decorum be checked slight
attack nsinuaon Of personal character often pro-
vokes etor, which brings out dsordery
reply each Senator feeling justification in the previous ag
gessoa There is, therefore, point proper to nterpose
for the preservation Of order check the first violation oft
L. in my anxiety to do this should sometimes make mis-
take, am happy know that the Senate has the remedy IN
its own hands ard ha' by appeal error may De cor
reced without injury any Or, if have wholly mis-
taken my duty in this delicate matter the action of the Sem
ate will convince of that fact, and In that
shall cheeuly leave the disposition OF the Senate But
have undoubng confidence that while am right shall
be fully sustained.
trust shall be padoned for making two sugges
tons points of minor Importance This bdy has
been long and justly distinguished for its dignity and
decorum that cannot but appehend that neglect my
part renders these remarks necessary We all know that
many little guiarties may be tolerated in small body that
would much disorder large The Senate has
increased from twenysx to sixty members. The natural
tendency Of the increase of members relax the discipline
that when the strict observance of rules is essential
the dignity and comfort of the body, il is the most difficult TO
enforce.
The second rule is very sautay one, but perhaps too
stringent TO be always observed in practice. 1t reads
follows:
No member shall speak other, otherwise interrupt
the business Of the Senate, read any newspaper while
the journals public papers reading, when any
Der Is speaking in any debate"
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