The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-01-13
F0RTY.F0URTH CONGRESS
WASHINGTON, January IL.
SENATE.

amendment to the Constitution OF the
U nited States, protecting appropriations
of money or property for any purpose,
directly or indirectly, to any religious
body or sect. Referred.
Mr.. Dorsey introduced . bill to place
all colored troops who enlisted in the
army on an equal footing with other
soldiers as to bounty and pensions.
Also, q bill TO establish the collection
district Of Arkansas. Referred.
Resolution offered by senator Davis.
Mr.. Davis said he gave notice few
days ago that he would address the Sem
ate to-day in regard to the public debt.
the expenditures of the Government, &c.
He now desired to submit resolution
calling for the appointment ofs commit
tee TO examine the books of the Treasury
Department. and accordingly submitted
a reeolution for that purpose, and gave
motto, that he would address the Senate
in regard thereto tomorrow. 1t was
ordered that the resolution be printed
and lie on the table.
The morning hour having expired,
the Chair laid before the Senate the un.
finished business, being the resolution re-
ported from the Committee on Privileges
and Elections, by Mr.. Morton Monday
last, in regard to the
President Pro TEN or the Senate.
The pending question being on motion
of Mr.. Thurman to indefinitely postpon Q
the third resolution, which declares that
a. oc D-o,,Inng ~ tho
Senate is held at the pleasure Of the
Senate.
Mr.. Edmunds, OF Vermont, argued
that the President pro tenn Of the Senate
held his Office at the pleasure Of the
Senate, and is but for the long time prac-
tice to the contrary, a very convenient
one. The Senate could elect President
pro tenn every morning The duration Of
the office Of President pro tenn had been
fixed only by the above course of usages.
The Constitution OF the United States
did not fix the term Of Office of Presi-
dent pro TEN of the Senate. He could be
removed at any time at the will Of the
appointing power, which was the Senate.
He thought the third resolution declared
plain principle Of law, which was
binding on the Senate. In reply to
question by Mr.. Wallace, Mr.. Edmunds
said the power of the Senate over Its
President pro tenn could not be cut short
by an act Of Congress
Mr.. Wallace differed from the con-
clusions of the majority of the Commit
tee He argued that the President pro
tenn. of the Senate was an officer OF the
United States, as we'll as an officer of the
Senate.
Mr.. Morton argued that the general
law in regard to celebrating bodies
which elected their own officers, was that,
in the absence of any provision giving
them another presiding officer, they
might elect one and remove him at
pleasure. -
Mr.. Norwood asked if the President Of
the United States should die to-day,
would not the President pro tenn. OF the
Senate become President of the United
States; and il SO, could the Senate change
him and elect another man tomorrow TO
that office.
Mr.. Morton said he WAS uot prepared
to answer that question now. When the
duties OF the President of the United
States devolved on the President pro tenn.
of the Senate or the Speaker Of the House
of Representatives, it was an open ques-
ton whether he could be removed by the
Senate or House.
Mr.. Herman inquired if the President
of the United States should die and the
President pro tenn. of the Senate should
enter upon the discharge Of the duties of
President. could the Senate appoint
new President pro tenn?
Mr.. Morton said it was precisely one
of the difficulties surrounding the ques-
ton, and it was discussed when the im.
parchment of President johnson was
pending. His [Morton's] opinion was
that the president pro tenn of the Senate
upon becoming President of the United
States would still be presiding officer of
the Senate and would be compelled to
discharge the duties of presiding officer
of the Senate as we'll rs these of President
OF the United States. Resuming his ar
gument he said: The President pro
TEN of the Senate could not ever become
Vice-President of the United States.
When the duties of President devolved
upon him. he did not become President of
the United States, but simply discharg-
ed the duties Of that office for the time
being. Mr.. Morton argued that the
Speaker Of the House of Representatives
could be changed at the pleasure Of the
House.
Mr.. Stevenson said he could not accept
the conclusions Of the Senator from In
diana. sir. Morton.
Mr.. Conkling inquired if the Presi-
dent pro TEN. Of the Senate should enter
upon the discharge Of the duties of the
President of the United States and bis
term as Senator should expire before the
term of President, was it the opinion Of
the Senator stevenson that he could
continue to act IS President OF the Unit
ed States.
Mr.. Stevenson replied that he believed
he could continue TO hold the
office of President while Senator
and longer, because the very act of 1872,
made him President He argued that the
Senate could not remove the President
pro TEN Of the Senate after be became
President Of the United States should
such . contingency arise. He denied the
doctrine of his friend from Indiana,
(Morton) that the President pro TEN Of
the Senate could continue 10 preside in
the Senate after becoming President OF
the United States.
Mr.. Morton said TO indefinitely post-
pone the resolution would be . declara-
tion that the doctrine contained in it was
no, recognized By the Senate or At least
there was q doubt about it. He thought
i, important that it should be passed up
on now.
Mr.. Thurman zrguei ! that if the Pres
ident Of the United States Was 10 die
and the President pro TEN Of the Senate
accepted the office Of President Of the
United States he could not preside over
the Senate any longer. Nothing was
more inconsistent with the spirit OF tae
Constitution than to invest the same man
with both legislative and executive
power. 1t was against the rules Of the
L. u