Charles Sumner: his complete works, volume 16 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 16 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Although the rules originally provided, that, when a member is called
to order, “the President shall determine whether he is in order or
not,” they failed to declare by whom the call to order should be made.
There was nothing conferring this power upon the presiding officer,
while by Parliamentary Law in the upper House of Parliament no
presiding officer, _as such_, could call to order, whatever he might
do as member. The powers of the presiding officer in the Senate were
left in this uncertainty, but the small number of Senators and the
prevailing courtesy prevented trouble. At last, in the lapse of time,
the number increased, and debates assumed a more animated character.
Meanwhile, in 1825, Mr. Calhoun became Vice-President. This ingenious
person, severely logical, and enjoying at the time the confidence of
the country to a rare degree, insisted, that, as presiding officer, he
had no power but to carry into effect the rules adopted by the body,
and that therefore, in the absence of any rule on the subject, he was
not empowered to call a Senator to order for words spoken in debate.
His conclusion was given as follows:--
“The Chair had no power beyond the rules of the Senate. It
would stand in the light of a usurper, were it to attempt to
exercise such a power. It was too high a power for the Chair.…
The Chair would never assume any power not vested in it, but
would ever show firmness in exercising those powers that were
vested in the Chair.”[136]
The question with regard to the powers of the Chair was transferred
from the Senate Chamber to the public press, where it was discussed
with memorable ability. An article in the “National Journal,”[137]
under the signature of “Patrick Henry,” attributed to John Quincy
Adams, at the time President, assumed that the powers of the
Vice-President, in calling to order, were not derived from the
Senate, but that they came strictly from the National Constitution
itself, which authorizes him to preside, and that in their exercise
the Vice-President was wholly independent of the Senate. To this
assumption Mr. Calhoun replied in the “National Intelligencer,” in
two articles,[138] under the signature of “Onslow,” where he shows an
ability not unworthy of the eminent parliamentarian whose name he for
the time adopted. The point in issue was not unlike that now before us.
It was insisted, on the one side, that certain powers were inherent
in the Vice-President as presiding officer, precisely as it is now
insisted that certain powers are inherent in the Chief-Justice when he
becomes presiding officer. Mr. Calhoun replied in words applicable to
the present occasion:--
Public-domain text, read in full here on John Shaqi.
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