Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-01-06

temporary arrangement to relieve their officer iron
the more pressing duties of the chair
The Senator insists that the Speakers chair is va
Gated by operation of law, and although resolu
ton has yet been proposed to vacate the seat of thu
Senator from Cumberland, are told that conse
quence will follow the passage of these resolutions
l so assume it.
The Senator from Warren foresees that if this posi-
ton be maintained some Inconvenience will result
to the people of Cumberland, by reason that they
will be without representation here, for an inter
VAL but he says the inconvenience would be slight
as the interval will not be long. The people o
Cumberland have right to representation here d
die IN diem and they ought not to be deprived of il
without fault their part or, that of their repre-
sentative But, it is fair to presume that they pre-
fer the service of the particular Senator they have
sent here albeit they might be better served in the
| person of another.
| Much stress has been laid by the distinguished
Senator from Orange upon the Inconvenience that
might result from the maintenance of the position
held on this side of the chamber, and he puts hypo-
thetical cases. which, he does me the honor to say,
| he has no idea would occur. Among these is the
| Impeachment of the Acting Governors and he graph
ically describes the whole scene of this supposed
| impeachment He assumes that the Acting Cover
nor presides as Speaker of the Senate, sitting
high court of impeachment and calls himself to an
| swer to h msef of the crime accused against him,
and votes upon the question, and hence he deduces
the absurdy of the position, that the Speaker should
exercise the powers of the Governor Uirtute o6fca,
| durGnte 06icio.
There is no force with all due respect in such sug-
gestion. Is it to be supposed that in such case the
! Speaker would be allowed to preside? Would not
the Senate have the power to choose another Speak
to act for the occasion? Is it not contrary to the
| fundamental law that the accused should be the
| Judge? The case can arise every day in the Sen
ate motion to eXpel the Speaker for mall conduct
is case analogous. A motion to expel particular
Senator is another. Would the Speaker be allowed
to preside in the first case the Senator to vote in
the second?
He argues from this supposed case that the Spea-
Eer To act Governor a state
of things might arise by parity Of reasoning there
should be no Speaker of the Senate, lest, peradven
ture occasion might arise to expe him. The Con-
stitution of the United States makes the Vice Pres
ident President of the Senate. The same nstru-
ment makes both the President and Vice President
impeachable and declares that when the former is
impeached the Chief Justice shall preside, and yet
there is provision for any other presiding officer
when the Vice President is upon trial. Is it to be
supposed that in such case he would be allowed to
sit?
The truth is the Senate docs not strictly sit as a
Senate, component part of the Legislature but its
Legislative functions in allegiance while it acts
high court of impeachment. Every Senator takes
oath and becomes judge cirtute 0ticii, al
though for convenience the body might, and
doubtedly would, elect presiding officer At all
events it is hardly to be supposed they would swear
in, and admit to scat among them, the accused
person.
But, Sir, if there be any thing in the argument alb
inconrentienti to guide to right construction of
the Constitution, | can bring forward serious
consequences which might arise from the position
the Senator His proposition is, that when
the executive authority falls upon the Speaker
by of any of the contingencies
toned in the Constitution, his Senator is
Gated, and to all intents he is the Governor.
Grant it for the sake of the argument 1t is clear
that insanity would be comprised under the head of
disability. Suppose such case. The Speaker of
the Senate administers the government and thereup
on loses his seat in that body. The Governor
covers and resumes his office The Governor re-
Tho Touic off &c in he
Speaker ofthe Commons becomes the Governor, and
loses his seat in the Commons. The Governor re-
covers re-assumes his functions and dies. The
State is without Executive, there is neither Spea-
ker of the Senate nor Speaker of the Commons
is there any provision for call of the General As
sembly to create them.
Among Sir, the disabilities mentioned in the
Constitution is absence from the State. Absence is
the opposite of presence. If the Governor be alb
sent from the State however brief the interval his
powers centre in the Speaker of the Senate If the
consequences contended for by my honorable friends
follow, the Governor has it in his power at any
ment, by the aid of this magic power of the 10Th
section, by stepping for few days into the territory
of Virginia, to from the Senate obnoxious
Speaker.
But, it is said that temporary absence from the
State will not work such resut-that the absence
spoken of must be equivalent to dcsertion of his
post. This cannot be If during the absence of
the Governor, however temporary, act were nee
essary to be performed touching the vitality of the
ker of the Senate could validity perform it? We
ali agreed in this but we differ as to the effect
of its performance upon the person of the officer.
According to the opinion of my learned and distin-
guished riendsits performance, the performance of
single act, vacates the Speakers chair and dsfran-
chises the Senator. The conclusion is, with all due
respect, illogical, not to say absurd come now to
notice the first branch of the second proposition.
Both the distinguished Senators say that the 4th
section of the Bill of Rights declares that the egis-
latiVe executive, and supreme judicial powers of
government ought be forever separate and distinct
from each other and the 44h section of the Consti-
tuition declares that the Bill of Rights is part of
the Constitution and ought never to be violated on
any pretence whatsoever.
1t is said that the position, assumed this side
| of the chamber, would be direct violation of the
| Bill of rights, that is of the constitution.
But we are constituting the Constitution ITSELF not
an act of the general assembly. what greater force
| has section of the constitution than another
section? What greater virtue in the 4h section of
the Bill of rights, than in the 10th section of the
constitution itself? The whole instrument is to be
construed in pani materio, every stringfis to be
| sounded.
| The Bill of rights asserts principle, which the
| Constitution modi6es. The Legislature supreme in
every thing, unless prohibited by the Constitution,
has no power to blend these features into one.
But there is violation of the Bill of rights Tt
| was never intended that complete separation of
! these powers should be maintained 1t is in prac-
| tice otherwise, throug hout your Statute Book.
The Constitution itself throws the power of i'm
parchment, high executive function, on the Com
MONS and clothes the Senate with the high judicial
powers of Court for the trial of those charged bv