Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1881-04-29

The Majority.
The Senate is now composed of seventy. six
members, thirty-seven Republicans, thirty
seven Democrats and two Independents SO
that when Mr.. Davis of Illinois votes with the
Democrats, as he generally does, and Mr.. Ma
hone of Virginia votes with the Republicans,
as he has thus far done and declares his >pur-
pose to do, the Senate is evenly divided. Sew
eral of the Democratic members have denied
the right of the Vice President to give the
casting vote on the organization of the SEN
ate, but they have contented Themselves
with the bare denial, having offered neither
precedent nor argument to sustain their posi-
ton.
The constitution plainly provides that the
Vice President shall have a vote when the
Senate is equally divided. 1t places no lin
itation, either in express terms or by impli-
cation, upon the exercise of this right, but
whenever the Senate is equally divided,
whether upon the election of its officers or
committees, upon questions that arise dur
ing the consideration of bills and resolutions,
in Legislative sessions, in the ratification of
treaties or in the confirmation of Presidential
appointments in executive sessions the Vice
President has the right to vote. The consti-
tuition confers upon him this right for pur-
pose SO apparent it follows almost as nee
essary consequence that it is his duty to vote
whenever there is tie in the body over
which he presides; for cases might arise
when his omission to break deadlock would
stop the whole machinery of the government.
For instance, if, upon the assembling of any
new Congress, the two parties in the Senate
being of equal numbers, one party should be
SO obstinately opposed to the officers and
committees proposed by the other side that it
would not vote for them, or one party were
determined to overthrow the government, as
was the case twenty years ago, by tying the
Senate and preventing its organization, that
body would be powerless to proceed with the
transaction of any business, and, as no bill
can become law without the concurrence of
both Houses, all the functions of Congress
might be suspended during the pleasure or
term Of Office of the obstructionists. Or, il
the annual appropriation bill for the support
of the government, having passed the House,
should be thus blocked in the Senate by q
disloyal party, the government would be as
efectually overthrow as if its armies had
been conquered in the field, unless the peo-
pie sustained it by their patriotism and vol
untary contributions. But, with the power
in the hands of the Vice President to cast the
decisive vote, and that only, no tie can exist
that cannot be broken by him and no case
Ia I.
stopped.
Upon the resolution now pending before
the Senate for the election of its officers, the
Republicans with the vote of the Vice Presi-
dent, have a majority and right to elect
their officers. This right is derived from the
Constitution and is sanctioned by precedent
December 10, 1929, the Senate proceeded to
the election of a chaplain. The whole num-
Der of ballots collected was AZ, of which Rev.
Henry Van Dyke Johns had 81 and Rev.
John P. Durbin had 81. The vote of the Vice
President was then taken, which decided the
election in favor of the first named candi-
date, and no less person was then Vice Pres
ident than the distinguished founder of
Southern Democracy, John @. Calhoun.
Other Democrats in the Senate frankly
admit that the Republicans have a majority.
Mr.. Davis in his remarks on the 25th of
March said
"Wbat INV fr;ard the di.tinou;shad so,a
tor from New York, properly calls "a consti-
tutional majority was disclosed when the
vice President, not a member OF this body,
gave lne casting voice Ior tne committees
NAV he wa ave eommanSaS % a aoos I, NY
TO obey it. The majority that chose The com.
mittees is fairly entitled to choose the off,
GERS OF the Senate. One naturally goes with
1Te otner IN Glaer 70 PeLiecI tne Organization.
obsirncisd bv snv vote ot rn;ne and I, nOi
not be reached too soon for the public inter.
est"
He is understood to have advised the Dem.
ocrats to withdraw their opposition and ner.
NIT the organization to be perfected. This
advice was disreRarded, when he should have
acted with the Republicans; but. instead Of
90 doing. he procured a pair with n Renubli.
can and left for the Pacific coast. Mr.. Jones
of Florida, on the same day. also said; 81
do not raise any question as TO the power.
do not raise any question as to the mere naked
power" And Mr.. Garland of Arkansas said
II want to say few words, Mr.. President. or
the motion submitted by the senator from
Tennessee. Before 1 do that. however. wish
to say in reference 10 the power that is claim