The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1881-10-15
Election of President of the Senate.

elect President Of the Senate, pro tenn, and
that it was the first duty of the Senate upon
assembling to elect a presiding officer. We
append a portion of the sun article, stating
the law and presidents upon which Its con
elusive opinion was based:
The accession Of Vice President Arthur to
the presidency, and the fact that there Is
no Speaker OF the House, leaves the Presl-
dent without any constitutional successor IN
the event of his death or disability. The Pm
mary object, therefore, in convening the
Senate is to have this contingency proyid-
ed for by the election Of President Of that
body PRO TEN. The first duty Of the Senate
when it meets will be the election OF such
President Without presiding otlcer !, can
do nothing. There are three Senators-eiect
from New York aud Rhode Island. who eau
not take their seats until the Senate Is organiE-
ed and they have taken the oath OF oihce-
The act Of Congress Of June !, liS9, section
2S. Of the Revised Statutes Of the United
States, SAYS expressly. under the caption OF
Generalization ct Meetings OF Congress,
that ''the oath Of Office shall be administered
bv the President of the Senate 20 each Seua-
tor who shall hereafter be elected, precious
10 las faling has scat. These Senators,
therefore. cannot be sworn IN until there is
President Of the Senate 10 administer the oath
This legislative provision. which vas adopted
nearly one hundred years ago, has beea fol.
lowed by 8 long line OF precedenis tending 20
show that the election Of a President pro ten.
in the absence OF the Nlce President, or
where. as IN the present case, there . no Vice
President. has always preceded the admission
Of new Senators 20 their seats. Oue or two
cases which have been referred 10, ia which
The President pro ten. himself vas swovn 10
by Senator, are not exceptions 70 the rule
nor departures from the act 81 l7s3, bat, on
the contrary. are in exact accordance with rs
provisions. Il is expressly provided by that
act sec - 0f the Revised Statutes that
awhen President Of the Senate has not taken
The oath OF oisire. il shall be administered 70
him bv any Senator. This Ia exactly what
occarTrd IN he cases Of Mr. King. % Alaba
ma. elected Presideui pro ten. on the ga o.
Mafch 1871, and sworn IN By Senator Clay
81 Mr. Mason. 81 Virginia elected President
pro ten on the 4th Of March, 1851, and sworn
II hy senator pearcc 81 Mr.. Foot, elected
President pro TEN. on the tsh OF March. 1868
and sworn Ia by senator Foster, and % Mr.
Ferry, OF Michigan. elected President pro
ten. on The 5iA O. March, 1871, and sw0ra
ia by Senator Hose. Net sniil afer ibe
Senate had teca thus organized 70 each va
stance were the credentials q tue other Sea
aiors elect presented. asd hayiaE been daily
swsra ~ by she Prpsl3egi pro tsn- they we're
admitted 10 their seats. Ssgh being the rule
aad ths preccdsnss apon ibe subject, . Is in
possible 20 see upon shat grounds che election
OF presiding ogieeg 81 The SeaAtc can be de.
laycd, and It is 10 Be presumed that matter
vii be disposed q promptly and without dit
dcalty The democrats having = malorI,y Of
SsrasaTa qualified and easiile1 10 vote, y
would be perfectly natural for them 20 elect
a President from thsiF oua side q the chan
Der. Nor Is there any reasoa Why they should
not do 90. Thsrc Is Hothiag IN the constitution
either Of the government or Of the Senate
which makes It any more necessary thai The
President Of the Senate shsald D. % the .arae
POLITICAL patty vllh the President than ihas
he Speaker Of the House shoaid be- There
Is no more reason Why the majority u The
Senats shosld rot consEol the organization
than that the majority Of she House should
not elect the Speaker.
From the Sas q Tuesday, on the orgsn'EA
ton Of thc Senate and tie election Ola Pres
ideot FRO tea, sc make the followjng extract;
The Senate q the United States met yes
trrdav, 30 accordance With the Presidents
proclAuagiou, aud organized b. the election
Of he Hon. Thomas +. BAyard, OF Delaware,
As President pro ten. OF Senator BayArd
eminent fitness for the position, hIs high
character. moderation sud patriotism, aAited
TO his long experience IN she Senate and his
perfect knoEledge Of its rules, furnish every
possible guaranty. There Il no mac n the
senate whom, under existing circumstance
the conservative people ot the country, Sith-
out distinction Of party, would be better sat
isiied to see iihag the place. The fact that
I be vas the unanimous choice Of the demo
cratic caucus Sufficiently indicates the esiima.
Z ton in which he Is held by bis party asso-
eiates, while IL j. equally certain that there Is
I 40 man on the democratic side OF the cham
I Der who would be personally more salistae-
! tory to the republicans. The election Of a
I democrat to be the presiding oticer Of the
Senate has been all along recognized IN these
I columns TO be the natural consequence Of the
present division Of parties IN that body. Be
{ fore the death OF President Garfield aud Sen
atOr Burnside and the resignation Of Sen
ators Conkling and Plat, the Senate was re-
publican By the casting vote % the Vice Pres
idsnt. The vote by which Senator Bayard
/ was chosen was a party yoie-thiriy 'ioaF
4 democrats voting for hun aud thiriy-0ne re-
1 pnblicans against him-Senator MshoRe voting
I with the republicans aud Senator David DAVIS
/ not voting at ALL Practically the republicans
I did not contest the matter, the preliminary
motion offered BIZ Senator Edmunds and the
votes taken upon them, as well rs the hnal
/ vote, being simply the means Of enabling the
republican Senators 10 place themselves on
I record Even if the republicans are not
/ themselves convinced that the plain letter of
I the law, as well as the general current OF
precedents. requires the election Of Presi-
/ dent pro ten. IN case Of vacancy, before
/ swearing in and admitting new Senators 10
/ their seats, the simple fact that without the
I votes Of the three new Senators the democrats
| had a clear majority Of the Senate, even If
I both ''the independent parties, Davis and
/ Malone, voted with the republicans, made
I any prolonged discussion of the matter useless.
/ The proposition of Senator Edmunds TO
elect Mr. Bayard President for the day only,
! and then proceed with the admission Of the new
/ Senators, was therefore tantamount to refer
ring the choice of a President after the hrst
day to the two independent parties, Sena-
4 tors Davis and Malone, aud was naturally re-
iected by the democrats. The next question
will be as to the tenure by which Senator
Bayard holds his position, and the right OF
the Senate at any time TO displace him and
elect some one else in his stead This lnvoly-
es the construction of the clause of the con-
stitution which says that the Senate shall
choose "a President pro tempore in the alb
senee of the Vice President, or when he shall
exercise the office of President Of the United
States Does this mean that the Senate
shall choose President who shall continue
in Office until the Vice President arrives or
ceases TO act as IFesiueut, OF uOes II mean
that the Senate, if it pleases, may have new
President pro TEN. every day. The question
has never been determined. Senator Ed
muuds is on record as favoring the latter
view, and such, it may be anticipated, will be
the view of the republican Senators. With
parties so nearly balanced that single vote
may turn the scale either way, the spectacle
might be presented of the occupancy of the
chair changing with ever accidental majority
on the floor. The very fact, however, that IN
the contingency of vacancy in the offices
both of President and Vice. President, the
President of the Senate pro tenn. becomes the
acting President of the United States, would
seem to IMPLY that the President of the Sen
ate is not an occasional officer liable to be
changed every day, or two or three times a
day, if the Senate so pleases, but permanent
officer, like the Speaker of the House, who
comes next in the order of presidential sue
cession. The question is an important one
and Senator Edmund,s suggestion that the
election of Mr.. Bayard as President pro tenn
for dav only wonld he a cofnpliance with the