Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-01-14
Vice Presidents Right TO Vate in The Sc
nate, IN case Of a TIE.

nate, IN case Of Tie.
A question of some interest arose in the Senate
Of the United States, on Wednesday, in the cleo
ton of a Chaplain. The Rev. Messrs. Butler
and Slcer having reached each 80 votes, it was
for the Vice President to decide between them, if
his power of giving the casting vote, existed i'll
such case. The general rule of the Senate is
this: "When the Senate is equally divided, the
Secretary shall take the decision of the President"
AS the question of the Vice Presidents right to
decide the election of Chaplain was made to in
volve the right to vote also, in case of tie, upon
Executive appointments, we suboin the remarks
Of some of the Senator's and the final determine
ton of the Senate:
Mr. MANGuM called upon the Secretary to take the
vote OF the Vice President, in accordance with the rule
Mr.. DOUGLAS inquired OF the senator from North Ca
rona what had been the pratice of the Senate in rea-
ton to the right of the President to throw casting vote
in OF this kind.
MIR. MANGUM In my experience that right has never
been exercised in similar to this The President
pro fempore OF course, yotes the same as any other
decessor that he had right to vote in such cases and
upon occasion he about to exercise the right,
when he was prevented by the entrance OF senator,
who had not before voted and whose vote decided the
question pending.
The VICE PRESIDENT The Chair will be governed
in this matter by the opinion OF the Senate.
A Senator What is the provision OF the consttu-
The VICE PRESIDENT read the article Of the constu-
ton providing that
1.-The Vice President of the United States shall be
President OF the Senate, but shall have vote unless
they be equally divided"
Mr. CALHOUN was under the impression that the Vice
President has the rghtto vote in this case.
Mr.. CLAY. Think there cannot be doubt. l agree
entirely with the senator from South Carolina, Mr.
Calhoun tits the precise occasion for which the
vision % IN v the constitution is provided Mill
if he is thought by the Senate have right to do 3d.
if it is his right, it is his duty.
Mr.. KING. Heretofore, Mr.. President l believe that
rule has been considered applying legislative acts
alone. suppose it is now to be decided by the Sc
nate whether that clause of the constitution is to be
strued to extend the right to elections well
legislation. think that the provision has before
been thus applied. know Of rule whatever that
has been adopted favor ofsuch Interpretation
Of it. Formyself am satisfied that the question should
be settled any way that the Senate think proper. But
this is the first OF the kind that have known
and my mind has not heretofore been turned to it,
had supposed that simply in legislative action that
the Vice President authorized by the constitution to
give casting vote.
Mr. BERRlEN. cannot conceive how it is possible
by any action ofthe Senate to limit the words Of the
constitution, which themselves general to
prehend every vote which may be taken in the Senate
THE Vice President shall be the President OF the Sc
Senate but shall have vote, except when the Senate
equally divided" Now it is proposed, by one con-
strucon which is offered to limit that equal division to
cases Of legislation But the constitution clearly in
tended that the Senate should perform other duties be-
sides hier mere legislation. Internationally, the
stituton contemplated that they should perform other
duties--for there are executive duties to be per-
formed-and when the Senate are equally divided in
the discharge of executive duties, the Vice President
must give the casting vote.
Mr. KING, (interposing) The Vice President has
power to vote on executive nominations, even were the
Senate equally divided.
Mr.. BERRIEN, resuming) But upon any resolution
introduced in executive session, he would have right to
vote, if the Senate should be equally divided Now,
suppose that this question up in this form Re-
sotped, That B shall be chaplain of the Senate Of
the United States for the ensuing session. If the Sc
should be equally divided, unquestonaby the
Vice President would exercise his right give the cast
ing vote But it seems to to be unwise to reason
upon this subject, by attempts at analogy because the
language OF the constitution is too plain to be misunder
stood The 2lst rule of the Senate simply reaffims the
provision of the constitution, and will read it:
When the Senate are equally divided, the Secretary
shall take the decision of the President"
Mr. CALHOUN As tar as the practice of the Senate
is concerned, the Senator behind is certainly mis-
taken in regard to the power OF the Vice President to
When presided over this body, deem it my duty to
say voted on several occasions upon nominations and
celebrated case, the nomination OF MIR. Van Buren,,
and on two or three other occasions.
Mr. KING. | am aware OF that; but the individuals
nominated must receive the votes OF majority OF the
Senate, to be confirmed and there cen be necessity
therefore, for the presiding officer to give his vote
There such necessity the case OF Mr. Van Bu-
rem as he rejected if he did not receive majority
OF the votes.
The VICE PREslDENT.-The Chair feels no desire to
in this particular case nevertheless if it is duty
imposed upon him that he shall vote, the Chair deems
il dereiction OF duty yield that right AS it
to be the general opinion OF the Senate that the Chair
has that right unless there should be some expression of
opinion the contrary, the Chair will proceed to
give its The Chair waits for any such expression
"a pause.l The Chair then votes for Mr.. Butler.
The Rev. c. M. Butler having thus majority Of the
votes cast, was declared duly elected.
THE Rev. Mr.. Butler we believe is the husband Of
the lady who was the principal witness in the famous
case of Bishop Onderdonk.l