The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1876-01-13

and resented by Mr.. Tucker, who sal
that it reflected on some Of the noblcst c
men, with whom the gentleman from Obi
might be proud to be classed as peer.
Mr.. Garfield explained that he hu
merely said these men were in the eye O
the law guilty OF perjury. He himsel
had not made the law or dictionary. H
concluded his speech with peroration
in which he thanked God for peace ant
for the fact that in the awful flames o
war slavery had been burned to death.
A long discussion then ensued on
technical point in parliamentary law
whether Mr.. Blaine, being the introduce
Of the matter before the House, had th,
right Of reply.
The Speaker ruled that he had not
and Mr.. Banks endorsed the ruling, ant
declared that no sounder decision hat
ever been given in the House.
The Speaker acknowledged the compli
mcnt, and added that he was sustained in
all the points by the venerable Genera
Clerk, Mr.. Barclay, who had had twenty
eight years, experience in parliamentary
laws.
Finally compromise was agreed upon
by which Mr.. Blaine is to speak for ar
hour Tomorrow, and then 10 call the
previous question.
The House at 4:90 adjourned.
SENATE.
Mr.. Conkling presented q petition oi
citizens Of New York asking an amend.
ment 10 the Constitution Of the United
States prohibiting the appropriation Of
money or property for any purpose, di-
rectly or indirectly, 10 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 sol
diers as to bounty and pensions. Refer.
red. Also bill to establish collection
districts in Arkansas. Referred.
Mr.. Davis said he gave notice a few
days ago that he would address the Sen.
ate to-day in regard to the public debt,
expenditures OF the government, &c. He
now desired to submit resolution calling
for the appointment Of committee to ex.
anime the books Of the Treasury Depart.
ment, and accordingly submitted a resolu.
tion for that'purpose, and gave notice that
he would address the Senate in regard
thereto tomorrow. 1t was ordered that
the resolution be printed and lie on the
table.
DISCUSSION ON THE PRESIDENT PRO TEN
OF THE SENATE.
The morning hour having expired the
Chair laid before the Senate the unGn.
ished business, it being the resolutions re-
ported from the Committee on Privileges
and Elections by Mr.. Morton on Monday
last in regard to the President pro TEN OF
the Senate, the pending question being on
the motion Of Mr.. Thurman to indefinitely
postpone the third resolution, which de.
clares that the office Of President pro tenn
ofthe Senate is held at the pleasure fthe
Senate.
Mr.. Edmunds, Of Vermont, argued that
the President pro TEN of the Senate held
his office at the pleasure Of the Senate,
and but for longtime practice to the
contrary IA very convenient one) the
Senate could elect n President pro TEN
every morning. The duration Of the
office OF President pro ten had been
fixed only by long course Of usage.
The Constitution OF the United States did
not fix the term Of office for the Presi-
dent pro TEN of the Senate. He could be
removed at any time at the will Of the ap-
pointing power, which was the Senate. He
thought the third resolution declared a
plain principle Of law which was binding
on the Senate. In reply to a question
by Mr.. Wallace, Mr.. Edmunds said the
power OF the Senate over its President
pro TEN could not be cut short by any
act OF Congress.
Mr.. Wallace argued that the President
pro tenn Of the Senate was an officer OF
the United States as well 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 il the President Of
the United States should die to-day
would not the President pro TEN of the
Senate become President OF tho United
States, and il so could the Senate change
him and elect another man tomorrow to
that Office?
Mr.. Morton said he was not prepared
to answer that question now. When the
duties OF President OF the United States
devolved on the President pro TEN OF the
Senate, or the Speaker OF the House OF
Representatives, it was an open question
whether he could be removed by the Sem
ate or House.
Mr.. Herman inquired il the President
OF the United States should die, and the
President pro TEN of the Senate should
enter upon the discharge Of the duties OF
President, could the Senate appoint new
President pro tenn?
Mr.. Morton said that was precisely one
Of the difficulties surmounting the ques-
ton, and it was discussed when the i'm.
parchment Of President Johnson was
pending. His (Morton's) impression was
that the President pro tenn OF the Senate
upon becoming President OF the United
States would still be the presiding officer
Of the Senate, and would be compelled to
the duties Of presiding officer
OF the Senate as well as those OF Presi-
dent Of the United States. Resuming his
he said that the President pro
ten OF heSenate could not even 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 discharged
the duties Of that office for the time being.
Mr.. Morton argued that the Speaker OF
the House Of Representatives could be
changed ut the pleasure Of the House.
Mr.. Stevenson said he could not accept
the conclusions Of the Senator from In
diana, (Morton).
Mr.. Conkling inquired il the President
pro tenn Of the Senate should enter upon
The discharge OF the duties Of the President
Of United States, and his term US Senator
should expire before the term Of the
was 1t the opinion OF the Sena.
Tor (StevenSoh) that he could continue 10
act as President OF the United States?
Mr.. Stevenson replied that he believed
he could continue TO hold the Office Of
President while Senator and longer, be-
cause the very act OF 1902 made him Presi.
dent. He argued that the Senate could
not remove tho President pro ten Of the
Senate after he became President OF the
United States, should such contingency
arise. Hc denied the doctrine advanced