The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-04-04

son had declined 10 exercise the power of calling TO
order for words spoken in debate, on the ground
| that he had no authority TO do Some thought
| the rule had been since changed, and others not;
but tEen there still seemed to be difference of
| opinion 10 the power.
Under these circumstances, though my opinion
was strongly IN favor Of the power with or without
the rule 10 authorize it, thought II most prudent not
hastily 10 the exercise of il, but TO wait until
the course of events should show that il was neccs
sary. Ii appears 10 me that that time has now
arrived, and that the Senate should know my opln-
ion this subject and the powers which, after
mature reflection, think are vested IN the Char
and the corresponding duties which they impose
| II am wrong in the conclusion at which nave
arrived desire the advice of the Senate to correct
me. / therefore think it better to state them now,
when there is the opportunity for cool and dspas
| sionate examination, rather than wait until they
are called into action by some scene OF excitement
which may be unfayorable to dispassionate deib-
| GRAFTON and advice For, while j should shrink
from no responsibilities which the office with which
/ | am honored imposes upon me, would most scru-
pulously avoid the assumption Of any power not
conferred by the Constitution and rules OF this body
The question then presents ITSELF g Has the Vice
President, presiding officer of this body, the
power to call Senator to order for words spoken
| in debatei"
The sixth rule of the Senate is in the following
words:
| :" When a member shall be called to order by the
President Senator he shall sit down, and every
question of order shall be decided by the President
without debate subject to an appeal to the Senate
and the President may call for the sense OF the Sen
ate on any question OF order"
Ii will be seen that this rule does not expressly
confer the power of calling TO order either upon the
President or a Senator, but implicitly admits that
power in each, and declares the consequences OF
| such call.
The constitutional provisions bearing upon this
subject very brief. The first is
The Vice President of the United States shall
be President of the Senate, and shall have no vote
unless they be equally divided"
The next is:
Each House may determine the rules of its pro-
ceedings, punish its members for disorderly beha-
viour and with the concurrence OF two-thirds exPel
a member"
The first clause which have quoted confers
express powers, yet the general powers and duties
of presiding officer in parliamentary debate
were well understood by the trainers of the Const-
tuition, and it hardly be doubted that they in
tended to confer upon the Vice President those
powers, and required of him the performance of
those duties But, the power expressly conferred
to make rules to regulate its proceedings clearly
conferred upon the Senate authority to make rules
regulating the conduct Of its members, including
the presiding officer. What then, we to under
stand from this rule?
have availed myself Of the leisure afforded by
the last recess to look into the history of this rule,
that might, if possible, gather from it the intent
of the Senate in adopting It.. find that one OF the
first acts of this body in 1883, was to appoint COM
mttee to ''prepare system of rules for conducting
business in the Senate"
That committee reported number of rules which
were adopted, and among the rest the two follow
ing:
s'l6th. When member shall be called TO order,
he shall sit down until the President shall have de-
termined whether he is in order or not: Every
question of order shall be decided by the President
without debate; and if there be doubt in his mind,
, he may call for the sense of the Senate.
9th. If member be called to order for words
spoken, the exceptonabe words shall be imme-
diately taken down in writing, that the President
may be better enabled to judge of the NATTER
These rules remained the same until 1928; but in
1926 MIR. Calhoun, then Vice President declared
| he N q
Senator to order for words spoken in debate. In
1928 the rules were referred to committee for re-
vision, and were reported without any amendment
to these rules, but when they came up for consid-
, Grafton in the Senate they were amended to
read as they now do, namely:
"6th. When a member shall be called to order
r by the President Senator he shall sit down;
and every question of order shall be decided by the
President without debate, subject 10 appeal to
the Senate; and the President may call for the
sense Of the Senate on any question of order.
9th. If member be called TO order by Sena-
tor for words spoken, the exceptionable words shall
Immediately be taken down in writing, that the
President may be better enabled to judge of the
matter"
1t will be seen by the comparison that the pro-
posed rule expressly recognised the authority in
the President TO call TO order, and gave appeal
from his decision, which the former rules did
, not
Il also made a distinction between a call to order
for words spoken by the President, and by Sena-
tor tor words spoken, by requiring in the latter
|
10 writing, but not in the former. On this amend
} msnt long and interesting debate sprung up,
{ which may be found in Gales Scaton's Reg OF
Deb, VOL 4, pit. p. 275 TO 4l and in this debate,
though Senators differed widely as to the power OF
the President TO call TO order without the amend
ment, and as To the policy Of adopting il, yet all
seemed to conclude that, If adopted, he would have
D less power; and the amendment was finally agreed
TO by vote Of more than two TO one and there
upon IL IL reported that Mr.. Calhoun,
"Tbc VIcE President, then and said, that he
took this opportunity TO express his entire satisfac
ton with that portion of the amendment giving to
Senators the right Of appeal from the decision Of the
Chair, as II was not only according to strict prn-
ciple but would relieve the Chair from a most del
icate duty. AS 10 the power conferred upon the
Chair IT Was not for him 70 speak, but he assured
the Senate that he should always endeavor to
cise 1t with strict impartiality."
IL appears TO me, then, with all due respect to the
opinions Of others, that this rule recognised the
power 10 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
Il power impose any duty TO exercise it
u The power, il will be SEEM is conferred equally
u upon the Chair and every member Of the Senate
and in precisely the same language. Is the duty
then more imperative upon the President than
upon any and every member of the Senate TO per-
e form the unpleasant but necessary task of exer-
j cising III There is a marked distinction between
this rule and the corresponding rule Of the House
of Representatives. BY the twenty. second rule OF
that bodya member may call to ORDER but il is made
the imperative duty Of the Speaker TO do so. The
: words are
"Ifany member in speaking otherwise trans
crosses the rules OF the House, the Speaker shall,
; any member may, call to ORDER" &c.
IL IL, perhaps, to be- regretted, If the Senate de-
sires that it's presiding officer should perform this
delicate and ungracious duty, that its rule had not
been equally explicit with that Of the House.
The reason why Senators seldom interfere by
calling each other 20 order is doubtless because
they fear that their motives may be misunderstood.
They do not like TO appear volunteers in the dis
charge Of such an invidious duty.
4 The same feeling must 10 extent operate
r upon the Chair, unless his duty be papablc But
upon mature reflection, have come TO the conclu-
sion, though the authority be the same, yet that the
Z duty may be more imperative upon the Chair than
upon the Senate; and that If the painful necessity
shall hereafter arise shall feel bound 70 discharge
my duty accordingly. ] shall endeavor TO do II
{ with the utmost impartiafity and respect know
how difficult IL is 10 determine what is and what is
not in order; TO restrain improper language, and
akriL.rc thc fzcc.a dLaic LIN ali