The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-11-27

its own diseression whether 1t would elect
de noUo or not.
We said, Tuesday morning, that 1t was
simply q matter Of discretion with the
senate-and SO we believe the result will
show-and, Thursday, we endsavored to
show, by reference to the case of John
Gaillard in 1914, before and after the death
of Vice. President Gerry, and that of viii
liam II. King in 1850, before and after the
death of President Taylor, that the senate
was not estopped by prior tlectio' dur
ing the same congress or the same session
of congress, from proceeding to new
election on the death or promotion of the
vice-president. In these cases, the same
senator was chosen president pro tempore
both before and after the vacancy in the
vice-presidency, but that makes no differ
ence In the absence of an express pro-
vision in the constitution, laws or rules,
the senate, in these cases, affirmed their
power to elect a president pro tempore
anew, although that position was already
filled.
On the other hand, the presidents are
equally explicit, that no actual necessity ex-
lists for the election anew of presid
pro tenlp0re on the death or promotion Of
the vice president, and that such offices can,
although chosen at an extra session, hold
over and preside through an entire con-
x,;tbput ro olactipn William n
King, of Alabama. was elected vice-presi-
dent in 1862, his term of office commenc-
irg March A, 1868. At that date, he was
absent in Cuba and, by special act of
congress, the oath of office was there ad-
ministered to him, by the American consul,
March "a, and he died, without taking hi s
seat or exercising his duties as vice-presi-
dent, April IS, 1853 AS is usual on the
Inauguration of president, an extra SEES
sion of the senate convened March 4, 1853,
and, the vice-president being absent, David
r. Atchison, of Missouri, was chosen
president pro tempore, and presided as such
not only through that extra session, but
during the regular sessions of the Thirty
third congress without new election.
Again. Abraham Lincoln became presi-
dent, with Andrew johnson as vice-preni-
dent, March 4, 1865, and the senate con
vened in extra session the same day. Or
the seventh of March, the senate was called
to order by the secretary, whereupon Solo.
mon Foot, of Vermont, announced that
"the vice-president will not be In attend
lance this morning" and that 1t "therefort
"becomes necessary that the senate pro
" coed to the appointment of presiden,
"pro tempore of the senate" and, accord
ingly La Fayette s. Foster, of Connecticut
was chosen. President Lincoln was as
sassinated April IA, 1865, and Andrew
johnson became, ipso tacto, president OF
the United States and ceased to be presi
dent of the senate. When the senate as
sembled in its regular session, in the De
cember following, 1t was called to order by
its president pro tenpore, Senator Foster
who continued to preside during the entir,
session, as well as through the second ses
sion, without the formality of a re-elec
ton or without his power being called il
question-and if there had been any doub
about it, the question wonld have vor,
likely been raised, es Mr.. Foster was NOR
or less fractured with "Johnsonism. A
or near the close of the second session, hi
term as senator having expired, Benjamin
F. Wade, of OHIO, was elected presden
pro tempore, and presided, as such, wthou
a reelection during the entire next, tn
Fortietb, congress, notwithstanding Their
was probability of his becoming presiden
of the United States through the convic
ton of President johnson on the article
of impeachment preferred against HIM.
On the other hand, Matthew II. Carper
ter, of Wisconsin, was elected presiden
pro tenpOre of the senate at the extra ses
sion of the Forty-third congress, March Il
1878; was reelected, December II, at til
first regular session, and again Decembe
90, 1874. at the second regular session bu
this ease can hardly be considered pre-
cedent, as there was no vacancy in the Of
fee of vice-president and, consequent,
the senate was not without regular, PEI
manent presiding officer. In the absence
then, of any attempt to regulate the matte
in the constitution, laws or rules of the sci
ate, and looking to the precedents, we col
clude that the election or non-election of
presiding offices by the senate, at this tim,
is simply matter of discretion, and TIN
! the fact that there is possibility of sue
officer becoming president of the Unite
States may determine the matter. If thel
, is any "ignoring" of the matter, it will NJ
be as to the question of right or power, b.
simply of the whole subject with the COW
, ardly intention and desire of avoiding
, pitched battle between the initiation ar
, hard money republican senators.