The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-18
HOUSE OF REPRESENTATIVES.

HOUSE OF REPRESENTATIVES,
WASHINGTON, Feb. II, 1876
The House opened this orning without any occu-
pant in the Speakers chair, Mr. Kerr being absent
leave of absence, and having omitted to appoint
Speaker pro tenn. The duty of electing Speaker
pro tenn devoved therefore, the House, and as soon
as the Chaplain had concluded prayers Mr. Adams, tho
Clerk announced that that was the first business in
order
Mr. RANDALL dem Of Pa, thereupon offered reso-
luton declaring Mr.. Cox, OF New York, appointed
Speaker pro tenn, which Mr. Clymer, of Pennsylvania,
moved TO amend by substituting the name Of Mr. Black
burn, of Kentucky.
In a few words Mr.. Blackburn declined the compli-
ment and asked Mr. Clymer to withdraw hfs amend
ment, remarking tina. his want of experience
presiding officer over great dehberatve body in
strong with services and evident
fitness of Mr.. Cox.
Mr. CLYMKR thercupon withdrew his amendment,
the original resolution adopted and Mr. Cox took
the chair.
Having called the House to order the Speaker pro
SPEECH OF MR.. cox.
GENTLEMEN OF THE HOUSE REPRESENTATIVES,
The occasion which calls for Speaker pro TEN. is,
under the no subject OF
acknowledgements the oyeIuing wish Of my heart that
our respected Speaker 70 renvgoated
II Of the ctss Of our system Of that
processes Of admnistration and legislation be
friendly and dstifS rivalry which
tribute a
The proceedings OF yesterday were then read.
Mr. GARPIELD trep.) of Ohio, moved that the oath
OF once be administered to the Speaker pro tenn and
made argument in support Of his position that such
MT RANDALL OF Pennsylvania, contended that 1t
was necessary, and fortified his POSITION by numer
GUS precedents in the past The oath OF Office taken
by the Speaker did not differ from that administered
to the members bciore taking their seats
Mr. KAssoN, (rep1 OF Iowa, suggested that duties
were imposed on the Speaker, such signing bills ap
proving the Journal &c, which no other member (no
unsworn officer had right TO perform. he there,
fore held II necessary adm mister the oath OF
Office to the Speaker pro tenn.
Mr. Tucker, dem.) of Va, called attention to the
fact that the Senate presiding officer pro te, who
is constitutional officer is never required 10 take the
oath Of office and therefore, tortiori Speaker
tenn. an officer not provided Tor IN the constitution,
was required TO take IT,
Tne discussion was continued considerable length
MIR Carnelds proposition being sustained by Messrs
ZONES of Kentucky Reagan OF Texas and Denison Of
Vermont and assaulted by Messrs Blaine, Of Maine, and
Wheeler of New York
found that the office of Speaker pro tcA Office
within the meaning of the statute That was the ma
teriai question which, in his Judgment the whole
thing turned He held that that was question of pro-
priety and not OF law
Mr. BLAINE stated it his judgment that there
was no necessity whatever for administering to the
Speaker pyo tenn any other oath than that he had
already taken The only office which he Cox held
was that OF Representative from the State OF New
York. his election this morning constituted no sepa-
rate Office II simply TO perform minstcrially
certain duties in the absence of the regular officer
The case OF Mr.. Pomeroy OF New York. who had been
elected Speaker pro tenn some years ago, when Mr..
Coax resigned his seat In the House TO take the Office
of Vice President not case that governed this
one because although Mr. Pomeroy held the oice but
for day. he was the absolute speaker and, therefore,
was required to take the oath
Mr. WHEELER trep) Of N. Y, asked where a
rant could be found for administering an oath TO
Speaker pro TEN. IL not TO be found the rules
OF the House in the United States statutes, and
therefore there was no warrant Tor IT.
Mr.. LAWRENCE (rep.l Of OHIO, commended that the
warrant for II was IN the Lex PARLIAMENTARY the com
Mr.. KAssoN, Of Iowa, read the Law, which provides
that in OF the removal death resignation or ina
bity of both the President and Vice President OF the
United States the President of the Senate, IL there
is none the Speaker OF the House Of Representatives
for the time being shall President until the dsa
bility is removed or President elected, and claimed
that Mr. Cox Speaker OF the House for the time
beng in other words, pro teDa, when the casualty
occurred then he Speaker de fncto, would become
President Expressions OF dissent from Mr.. Bainel be-
y cause he was the Speaker for the time being. In
other words II the Speaker originally elected should
be in Italy when these events occurred and II Mr.. Cox
were the Speaker or the time being IN washington,
without a presiding Chief Magistrate until the original
Speaker should have returned from the foreign coun
Mr. LAWRENCE contended that the temporary Speak
ershp in the scope and spirit OF the law an office,
and that therefore the law required oath Of Office
Mr. BI,AINE asked him why the presiding officer Of
the Senate took no oath Of ONCE
Mr. LAWRENCE replied that II he did not do he did
Mr. BLAINE asked whether, II the oath admins
tered Speaker pro TIM, he would not be entitled
10 a salary Of S. 600 provided for the Officer
Mr.. LAwRKNcE asked, IN turn, what Mr. Cox would
do after taking the oath II not be Speaker
Mr.. BLAINE replied he would be Speaker pro tenn
Mr. IAwRExcE-Is not Speaker pro TEN. aSpeaker2
Mr.. BLAIrK-No, sir no more than the presiding
ofaccr Of the Senate is Vice President
Mr.. LAwRErCK-There 10 no analogy between the
cases II there Is any doubt about the question II Is
better to resolve IL IN favor OF taking the OATH There
Is safety in resolving II in that manner.
Mr. KAssoN held the House can have but one
Speaker in the nature OF things, and that that one
Speaker must be sworn, and that while he was
Speaker be was all respects entitled to the position
including the salary and the contingency Of his becom
ing President OF the United States.
Mr. HosKxs (rep.) OF n Y, argued against the
necessity OF the oath, the ground, among others
that Nr Coz had already taken the oath 4 Repre-.
sentative and that among his duties as IL turned out
Vas that Of dischargng the duties OF Speaker pro
MT KNOTT (deml OF KY, suggested In view OF the
brevty of human life that far too much time had been
consumed in the discussion Of unimportant matter
Tho acts Of a Speaker pro tenn. would be just as
vand and binding without his having taken the oath at
All as they would be II he had taken many oaths
sour army in Flanders and that was the end OF the
whole question He called for the vote.
Tho vote was taken on Mr.. Garheld's motion, "that
the oatn OF ofce be administered, and rejected
by CO 90 ia a..
atter discussion, Mr.. sayler, OF Ohio, moved TO
Law the bill on the table, which was rejected
The House then at half past four, adjourned