The Portland daily press., 1881-10-04
The Organization Of the Senate.

The Organization of the Senate.
There seems to be multiplicity of opin-
ions as to what shall be done with the newly
elected Senators from New York, when the
Senate comes together for the special ses-
sion.
All the activity in our newspaper discus
sions of national politics that gives evidence
Of any real vitality at present, is found to be
centering about this question of oIganiza-
tion, whether or not the Senators selected to
succeed Messrs. Conkling and Platt shall be
allowed voice in the choice of Senate
presiding officer This is a question of vital
importance to the millions of voters, who,
less than one year ago, followed the stan
dard of Garfield and Arthur. To them it is
perfectly obvious if the Democratic half of
the Senate, now accidentally in a a.temporary
majority, decides against the admission of
Messrs. Miller and Lapham, and Gen.
Burnside's successor, to the organization,
that only the life of President Arthur will
stand in the way of Democratic President
In making this statement no direct impu-
tation against the patriotism of the Demo-
cratic party is intended. Still. one cannot
cratic Vice President in the present unset
tied condition of ou politics, would tend to
the production of other "cranks' similar to
Guiteau. As has been truly said, 1T would
create a morbid and restless condition OF
politics if one Of the great parties of the
country should be constantly watching the
health of the President, knowing that if he
should die the whole power and patronage
of the Government would pass into its
hands, It is the uncertainty Of the future
that occasions so much anxiety among the
Republicans as to the action of the Demo-
cratic Senators.
Several of those most prominent in Dem
ocratic councils have been interviewed on
this subject, and an inspection of the record
discloses that nearly all hold to the opinion
that there is no way provided in our law by
which the newly elected Senators can take
part in the business of organization prior to
the choice of presiding officer. This opin-
ion, they say, is based on their belief that
the oath of Office prescribed by the Constitu-
ton, must be administered by the President
of the Senate, and can be administered by
no one else. Amongst Democratic news
papers there also appears to be firm con-
viction that all our laws and precedents
would be set at naught if the new Senators
should be permitted to participate in the
Senate deliberations previous to the election
of President pro tempore. For, say the
organs, did not our fathers in 1889 enact the
tweDty-eighth section of the U. S. Revised
Statutes that reads as follows: s'The oath
of office shall be administered BY The Presi-
dent of the Senate to each Senator who shall
hereafter be elected previous to his taking
his seat" They argue that as the organic
law of the land is silent on this point, the
above quoted statute is the only guide to be
followed in the present emergency.
Without doubt there is great force and
strength in the technical arguments OF the
Democrats, but it is submitted, that common
sense and fair dealing require that they
should look beyond the immediate benefits to
accrue to their party from strict interpre-
generous and liberal construction to that
article of the Constitution which guarantees
''that no State, without its consent, shall be
deprived of its equal suffrage in the SEN
ate.''
Avoiding discussion of the abstract prin-
ciples of law involved, let us make an exam
ination Of history to see if Senators elect
l. Al. ae oFfs fro,
any person other than the presiding officer.
That they have, the record shows most in
contestably The most marked instance
probably occurred March 4th 1858.
At that time the Senate had been called
for special session by proclamation issued
by Millard Fillmore, the out going Presi-
dent. When the Senate assembled it was
found that the Vice-President elect, William
r. King, was not pr sent, consequently
there was no one to administer the oath OF
Office to the newly elected Senators.
The following quotation from the Com
gressional Globe of March 4, 1858, will fully
explain the method then adopted to over
come the objection now raised by the Dem
ocrats:
MIR. Cass rose and said: have been reques-
ted to ask the Senators to come to order.
Mr.. Badger submit this resolution,
which 1 hope will be adopted;
Resotged, That the oath prescribed by the Censti-
tuition be administered to the new members OF the
Serate by the Hon. Lewis Cass, the oldest member
OF the Senate.
The resolution was considered by unanimous
consent and agreed to.
Mr.. Badger. Il move that the roll of new
Senators be now called.
The motion was agreed to. The Secretary
read the list as follows:
(Here fourteen Senators-olect answered to
the roll eall.)
Each of these entlemen, as his name was
called, came forward, and the oath prescribed
uy the Constitution having been administered
10 him by the Hon. Lewis Cass, took his seat
in the Senate.
Mr.. Shields.-With the unanimous consent
of the Senate ask leave to offer the following
resolution
Resolued That the Hon. David B. Atchson con-
tinue President pro tempore of the Senate.
The resolution was unanimously adopted
That this last resolution may be fully un-
derstood, it must be borne in mind that
these proceedings took place after the close
of the 32d Congress, and that David B. Atch-
ison had presided over the Senate during
the 31st and 32d Congresses. Thus it will
be perceived the special session of the SEN
ate in 1858 furnishes precedent of the
strongest character readily applicable to the
present occasion. Not only was the oath
administered by one who was not a Senate
presiding officer, but it was administered be-
fore the Senate had proceeded SO far in or
ganization as to elect President pro telnpo-
re.
GATH says that Pullman, the pala &C
car man, is to organize line of America u
ocean steamers on the Pullman plan, amt
will make travelling at sea as comfortable as
iG has been made on land by the palace car