The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-01-11
CONGRESSIONAL.
TWENTY-NINTH CONGRESS-,
Second SessiOn.
MONDAY, JANUARY II, 1917.
SENATE.

Mr.. ATCHISON took the chair and read letter from
the Vice President (who was unwe authorizing HIM TO
act as President pro- tenn. during his absence.
MIR. CRITTENDEN raised the question of the author
ity of the Vice President TO make such appointment,
and he did with the most perfect respect and kind per-
sona feelings towards the senator who had been dele
gated BY the Vice President TO fiji the chair lie thought
that If the Vice President had the power to delegate his
thorty for day. he would have equal power by success
OF appointments TO delegate II for week month
He had no doubt that the result OF election would
be the the selection which had been made by the
Vice President, and would be more pleased than
himself to the chair filled by the honorable
from Missouri He moved therefore, that the Senate do
now proceed to the election OF President pro- TEN.
Mr. ATCHISON directed the secretary to read the a3d
rule, which is follows:
''The Vice President President of the Senate pro-
tepore shall have the right 10 name nember TO perform
the duties Of the chair but such substitution shah not
tend beyond am adjournment
Mr.. SPEIGHT thought with all Difference to the hon
orabe senator from Kentucky, that there could be
doubt about the proper construction OF this rule and that
under the Wee President was invested with the power
which he had exercised.
Mr.. SEWER said that the same question had been
raised the last session when he himself had been dele
gated TO fill the chair, and he well knew the embarrass
nent which must cause to the honorable senator IN the
chair. The Vice President was unwe, but would proba
bly, resume the chair himself tomorrow, and he hoped
therefore, that the senator from Kentucky would with
draw his motion.
Mr. ATCfIISON (the motion not being withdrawn
said that he felt great delicacy in occupying the chair
while this question pending, and he would prefer
vacatng it, and leaving to the Secretary to conduct the
Mr.. CRIrTENDEN hoped the honorable senator
would remain in the chair which he could properly do
by consent which he presumed would be cheer
No objection being made. Mr. AroHIsoN continued in
the chair
Mr. BADGER thought the rule which had been read
did not apply to the present case. This case he
thought, which the constitution itself provided for when
il declared that in the absene Of the Vice President the
Senate should appoint President pro TEN. The Vice
President was absent from this hahewas not the Pres
ident of this bodyhe only the Vice President of the
United States 1t was, to his understanding very plain
that the Vice President when absent had no power, to del
egate his authority The Senate when they adopted the
rule did not intend to confer any such power on the Vice
President The reason why the provision introduced
that the substitute should not retain the chair beyond the
adjournment OF the Senate, SIMPLY thsthat other
wise they would have presiding officer who not
member Of that body. He had no undue jealousy with
regard to the authority of the Vice President but must
insist that they could not authorize him. while absent to
appoint substitute in face OF the constitution expressly
declaring that in his absence, the Senate should appoint
MI CRITTENDEN then modified his resolution, SO as
10 read as follows:
hereby appointed President pro during the absence OF
the Vice President and until he resumes his presi
ding officer of this body.
Mr.. SEWER considered that, according to the strict
construction which the honorable gentleman from North
Carolina Mr. BApGER had given the constitutions all
business of the Senate must if the Vice President
should chance TO be absent for five He thought
the which the Vice President had taken in this
accordance with the uniform practice OF all
at all tunes since 1Oundatlon the
ment The same thing had been done, in like circum
stances at the last session even, and he could mol
Tor making exception to this general usage in
the present case He would suggest to his friend from
Kentucky the propriety of introducing proposition to
change the rule if he considered the rule unconstitutional
Mr.. BERRlEN hoped the resolution Of the gentleman
from Kentucky would be acquesced in. He thought the
objection raised by the gentleman from Arkansas I'M
founded that the Vice President could leave his seat
for few minutes without requiring the election of
president pro f because only in the absence OF
the Vice President, acting president that the rule au
horized him to name one who should occupy the chair
during that days business. But the constitution ex-
pressy forbid the Vice President from appointing substi
ute to preside the Senate-the Vice President being
absent at the time of making such appointment.
Mr. CALHOUN said the question obviously turned
the Vice President could yacae his chair for single day
without being considered ''absent" In so nice
question precedent should govern them plausible ar
gument might be advanced on both sides however and
perhaps the best way would be to alter the rule
Mr.. BADGER inquired of the honorable gentleman
sdered the Vice President now present absent If
present. the present incumbent of the chair had no right
there if absent then the constitution declared that the
gard the question: certainly the Vice President treated
himself absent; for he sent them paper proposing
some to preside during his absence.
Mr. CALHOUN said he would answer the question of
the gentleman from North Carolina, if he would first an
swer question for him. Suppose the Vice President
should go to the House to see some frena would he be
present or absent?
Mr. ALLEN admitted that this was subject of some
but he thought the meaning of the words
"present" and "absen," quite obvious. He defined
present TO be that condition which qualified the Vice
President for the discharge of the duties of his office
He could not how he could be absent while sitting on
a sofa in another part of the for few moments
If he should be sick and lying that Sofa he would be
consttutonay absent much if he were away from
the Capitol because he would be unable to discharge the
duties of his office. He thought however that they had
better the present adhere to the previous usage of
the Senate and select convenient time for discuss
ing the matter
MIR BUTLER made remark which was not heard by
Mr. CRITTENDEN called for the reading of the Vice
Presidents letter; which was read follows:
"Senaio Aclson will oblige by opening he Senate
to-day, and by presiding therein until It's adjournment.
"C NJ DALLAS,
"Nice President of the United States and
President OF the Senate
'sWAsuiNeToS, 1lth January, 1871"
He thought the Vice President had no more right TO
designate officer to preside the Senate than the
President had to select substitute perform his -
ties Upto the time of the appointment of Judge South
became President of the United States all precedent had
favored the view which he had taken on this question
And in that he thought that gentlemen suffered the
friendship and courtesy to carry them little beyond the
bounds oil propriey, Judge Southland moi a mem
Der of the Senate He ask ed the senator from South Car
DINA, [Mr. Calhoun who, he remarked, presided so
long and with much characteristic ability over the |
deliberations of the Senate, if he undertook under
his sign manuel, TO designate substitute.
Mr. BADGER, in reply TO the question raised by the |
gentlemen from South Carolina, Mr.. CALHOUN said,
that the honorable gentleman ought not TO decline an
swering the question before me Senate until he r
had answered another question not before the Senate if
II his purpose 10 arrive at Just conclusion on the
subject. He should have no difficulty however in |
answering the question put to him. Was the Vice Presi-