National Republican. (Washington City (D.C.)) 1872-1888, 1881-03-04
A TIE IN THE SENATE.
POWER OF THE vIcE-paEsrDENT.
Has He the Casting Vote When the Senate is Voting
By allot!-AfHrmative Answers by Clay,
Calhoun, Berrien, aud Others
Interesting Precedent.

In view of possible tie in the Senate
by division of the independent party in that body,
We present the following chapter of history, con-
tanning decision ofthe Senate on much mooted
question:
IN SENATE, Wednesday, January O. 1850.
Mr. Foote moved that the Senate proceed to the
consideration of the resolution presented by him
few days previous, providing for the election OF
Chaplain
The resolution was taken up and agreed to.
Mr.: Foote moved that the Scnateproceed to elect
a Chaplain.
The Senate proceeded 70 ballot.
First, second, third, and fourth ballots no choice
s.
There being again no choice, the Senate pro-
ceeded to ballot the fifth time, with the following
result:
The whole number of votes cast was 50; neces-
sary to q choice. 81; of which number
Rev. Mr.. Butler received. 80
| MI. Sncer......-.. .-...:.-..-'.-.-'-.'' 'o
60
The Vice President-The result of the last ballot
is that Mr. Butler received 80 votes and Mr.. Slieer
so votes-a tie. The question then presents itself
whether the Chair has a right to vote. The Con-
stitution reads as follows
The Vice President shall be the President of the
Senate are equally divided.
1t is a question, therefore. whether in this in
stance the Chair has a right to vote.
| Mr.. Clay-certainly he has.
The Vice -Hresident-Un Unless objection is made,
| the Chair wiltproeeed to vote.
Mr.. Deuglas-I wish TO inquire of the Senator
from North Carolina MIR. BIsngunl merely be-
cause he has occupied the chair as presiding
officer of this body what has been the practice in
cases ofthis character?
| Mr.. Manguml-I do not reeolleet within my ex-
perience the occurrence of instauceof this kind.
| But an occasion of the kind did occur during the
term of the predecessor of the present presiding
| officer, when he avowed his opinion that he was
| entitled to vote. He did not do so, however, be-
cause the Senator from Georgia Mfr Berrienl came
| in at the moment and gave the casting vote.
| The Vice President-The Chair will be governed
| in this matter by the opinion of the Senate.
Mr.. Calhoun-Although know precedent
exactly applicable to this ease, think the Vice
President has the right to vote.
| Mr.. Clay-I think there can be nodoubt aboutit
1t is the precise case for which tho Constitution
provides.
| The Vice Prcsident-The Chair viii then, unless
some objection is offered, understand it to be the
opinion of the Senate that he has right to vote.
Mr.. King-I suppose it is now to be decided
whether this clause of the Constitution applies to
elections that are required to take place i'll this
| body. Heretofore it has been considered as ap-
plying to legislative action alone, and never in
any case 80 far as know, to the election of Off
| GERS of any description in this body. Therefore,
it is now to be decided whether the clause of the
Constitution referred to is to be extended in its
operations to elections well las legislative action
for know of no rule whatever that has ever been
adopted by the Senate on the subject For myself,
1 shall be satisfied with the decision of the ques-
ton in any way that the Senate may think proper.
Twill only repeat that it is the first time have
| ever known the question to be made, and my mind
not having been turned to the subject heretofore
have supposed the clause referred to legislative
measures alone, and not to elections
| Mr. Berrien-I cannot conceive how it is pos
sible by any action of the Senate to limit the ex-
pressions of the Constitution, which are in
themselves so general as to comprehend every vote
| that may be taken i'll the Senate.
| The Vice President shall be President of the
| Senate, but shall have no vote, except when the
| Senate are equally divided.
| Now it is proposed, by one construction which Is
offered, to limit the equal division to cases of leg
islation; but the Constitution contemplated that
the Senate should perform other duties beside
those which merely legislative. There are eX-
ecutive duties; and when the Senate is equally
divided in the discharge of their executive duties
| the Vice President must give the casting vote.
| Mr.. King-Ciearly the Vice President has no
power to vote on executive nominations, because
if the Senate is equally divided in regard to the
propriety Of their confirmation they rejected
Mr. Berricn-But if any resolution should be in
troduced referrin gto executive business, and the
Senate should be equally divided, undoubtedly
| the Vice President would have a right to vote
And suppose this question was now in this form:
Resolved. that A B be appointed Chaplain to the
Senate, and that upon that question the Senate
was equally divided, most unquestionably the
Vice President in the exercise of his power, would
give the casting vote. But it seems to me unwisc
to reason on this subject by attempted analogy be-
the language of the Constitution is too plain
| to admit of diverse construction. The twenty
first rule is but an afirmance of the provisions
of the Constitution. 1t is:
When the Senate are equally divided, the Sec
rotary shall take the decision of the President.
Mr. Calhoun-As the very experienced Senator
! behind me Mr.. King] is mistaken on the subject
of executive nominations, 1 deem it my duty to
say, that T. in several instances, when 1 occupied
the chair cast my vote on such nominations. /
did so in the very celebrated of Mr.. Van Bu-
rem, and in two or three others.
Mr.. King-I am aware of that; but the individ-
| uals nominated must receive the votes of a ma
jority of the Senate TO be confirmed and there can
be no necessity, therefore for the presiding officer
to give his vote. There was no such necessity
in the case of Mr.. Van Buren, as he rejected if
he did not receive majority of the votes.
Mr.. Underwood-The Constitution contemplates
in the organization of this body the election of Off
cers-the Secretary of the Senate the Sergeant at
Arms and otherofficers; and the Senate cannot be
said to be organized until these ofeefsare elected
Suppose an equal division in reference to their
choice, are we to stand still and postpone our Or
ganization until some one of the Senators shall
give way or shall it be decided by the presiding
officer? This view of the case seems to me to set
tie this question, if it be analogous.
Mr.. Foote-Ifthe Senator will allow me, 1 will
show that it is not analogous. The honorable SEN
ator from Kentucky Mr.. Underwoodl will at once
perceive that the officers to which he referred are
necessary to the organization of the Senate but we
have been without chaplain for several days, and
without offering any obstruction to our organiza-
ton.
Mr.. Underwood-True; but l was putting the
question as though we were not organized, and as
though the division had then taken place.
Mr.. Foote-The Senator is putting the case OF the
election ofGffcers whose election is necessary to
the organization of the Senate. Is that analogous
to the of the election of officer whose cleo
ton is not necessary for such organization?
Clearly not; and therefore the two cases are not
analogous at all. do not think however. that the
analogy is necessary for the decision of the ques-
ton.
Mr.. Underwood think not myself brought
the case 10 show that in such an instance we must
remain unorgsnized unless the Vice President
had the power to decide By our Constitution the
Senate must always consist of an even number
two from each State. and it is but reasonable
proposition that the Vice President should decide
III all cases of tie. The trainers of the Consti-
tuition must have contemplated, from the very Or
ganization of the body-two from each State
that equal divisions must frequently occur.
think, therefore, there can be no doubt of the
right of the presiding officer to vote.
The Vice Presdent-The Chair feels no desire to
express an opinion either one way or the other;
nevertheless if the duty is imposed upon the Chair
to vote, the Chair would feel guilty Of dereliction