The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-13

ala any man aoub. tina, mr. rerry would
Yet according the argument Of his
friends the other side the Senate could replace him.
He argued that the Senate could touch the President
pro OF the Senate after he became President OF the
United States, should such contingency happen. He
denied the doctrine advanced by his friend from
Indiana mr. Mortonl that the President pro tenn Of the
Senate could continue TO preside the Senate after
becoming President OF the United States.
Mr. MORTON said 10 indefinitely postpone the resolu-
ton would be declaration that the doctrine contained
in II was not recognized by the Senate at least that
there doubt about H. He thought IL important
that II should be passed upon now
Mr. EDMUSDs-Hes and have evasion.
ARGUMENT OF Mr.. THURMAN.
MI THURMAN said there nothing to evade, but he
saw no occasion for the Senate giving any opinion
upon question involved in this resolution. There
was no reason for this third resolution being here
unless 1t proposed TO make motion TO proceed 10
the election Of President pro tem He argued that the
President of the United States 10 die and the Pres
dent pro tenn Of the Senate accepted the office OF Pres
dent OF the United States he could not preside over the
the spirit OF constitution than to invest the same
man with both legislative and executive powers. IL
against the rules OF the Senate 10 say what the
President would or would not do, unless II mad oeen
officially communicated 10 the Senate. The object oil
votes by statements as 10 what the President would 40
Certainly dschagng the duties OF President could
not preside over the Senate.
Mr. CoNKLSG asked If the President OF the United
States should be III and the President pro tenn OF the
Senate the Chief Justice Of the United States had to
discharge his duties for week. the end OF which
time the President should resume his duties, was IT
contended that such service Of one week would put an
end the tenure OF the President pro tenn.
the Chief Justice.
Mr. THURMAN said he did not so argue but did con-
tend that the President pro tenn OF the Senate could not
preside the Senate while dschargng the duties Of
President OF the United States
THE voTk.
Alter further debate by Mr. Alcorn. OF mississippi,
Edmunds, Thurman and Others the vote taken on
the motion Of Mr. Thurman 10 indefinitely postpone the
third resolution and II rejectedyeas ID; nays So
Mr. WHITE, of Maryland. said he voted for the lndeh-
mite posponement because he did not think there was
any practical question in the resolution requiring the &C
ton OF the Senate. He then submitted the following
ameifment TO the third resolution
untl the happening Of the contingency provided for in
the ninth section OF the act OF Congress approved March
states
SO that the resolution, II amended, would read
Resolved That the the President pro Of
the senate held at the pleasure Of the Senate until the
happening Of the contingency, &C.
Mr. wHYrE said he meant TO say by this amendment
that the Senate should have no power OF control over
the President pro m after he should be called to dis
charge the duties Of President
The amendment rejected by vote Of is yeas
90 80 nays
Mr. srEvESsoN Of Kentucky. gave notice that after
the resolutions should be disposed OF he would offer
resolution instructng the judiciary Committee in
yetgate The Whole question referred TO IN tue debate
and report su1h measures as would PROVIDE against
any contingency which nigh; possibly ARISE by the
death Of the President, Vice President and President
Mr. THURMAN moved that the Senate proceed to the
consideration OF executive business which motion was
lost.
The question being the passage OF the third
luton reported by the COMMITTEE 1t was adopted
by vote OF "a yeas TO Is nays, IS iollows:-
fEAs-Messrs Alcorn, Allison. Anthony, Booth,
Boutwell,, Bruce, Cameron wis Chrstiancy Clayton,
Conkling Cragin, Dawes, Edmunds, Frelinghuysen,
Hamilton, Hamn, ingalls,, Herman, Key, Mcdonald,
Mcmillan, Mitchell, Morrill, lMel, Morton. 0glesby,
Paddock Patterson Sargent, Salisbury, Spencer, Wad
leigh, West Window and WTght-34
NAYs-Mcssrs. Bogy, Capcrton, Cooper Davis,
Eaton, Goldthwaite Johnston, McCreery, Mcrrimon,
Randolph stevenson, thurman, Wallace, Whyte and
Mithers-la
Messrs. Burnside Logan and Morrill, of Vermont,
who would have voted Tor the resolution, paired
with Messrs Bayard, Jones OF Florida and Kelly, who
would have voted against H.
The question then being on the fourth resolution de-
clarinR hat the Hon. Thomas w. Ferry, the Senator
from Michigan who elected President pro tenn
Of the Senate at the last session. is President pro
tenn,
Mr. EDNuNDs suggested that II be withdrawn IT
inconsistent with the third resolution besides Mr.
Ferry lastly elected President pro tenn. this
son. just before the holiday recess
Mr. MoRrOS accepted the suggestion Of Mr. Edmunds
and Withdrew the fourth resolution.
The CHAIR laid before the senate the memorial OF the
Arkansas Legislature asking the passage OF act
funding the tax collected cotton IN 1865, 1866 and
1867. Referred to the Committee CLAIMS
Mr. HERMAN, OF New York presented various petitions
of citizens Of New York late soldiers In he Union army
asking the passage Of law extending the time for
making application for arrearsof pensions until July
1876. Similar petitions presented by Mr. CoSK-
LING. All OF which referred 10 the Committee
Pensions.
Mr. DORSEY, trep.l OF Ark, presented the memorial
OF the Mayor aud CITY Council OF Fort smith, Ark,
asking Appropriation for the removal OF the sand
bar in the Arkansas River opposite that city, Referred
10 the Committee on Commerce
The Senate at four O'Clock adjourned until TO morrow