Savannah morning news. [volume] (Savannah) 1868-1887, 1881-02-28

i
made for reorganization Of the Senate
after the 4th Of March. It has been
the invarisble custom for the outgoing
President to call an extraordinary session
Of the Senate on the 4th of March, to
confirm the Cabinet officers of the new
administration, and such other impor-
tant appointments as he may choose
to make at the beginning of his term.
The Forty-sixth Congress expires at
noon on March 4, the end of the
third legislative day of the month The
new Vice President is sworn in 8 few
moments before noon on the 4th; the
proclamation converting the extraordina-
~ session of the Senate is read, and
when the new legislative day begins, the
Senators elected from the 4th of March
take the oath, and the Senate assists in
the Inauguration of the President. 1t is
believed that the Republicans intended,
shortly after March 4th, to attempt the
election of new officers Of the Senate,
relying upon the votes Of Senator Malone
and Vice President Arthur to give them
majority for that purpose. Mr.. Carpen-
ter's death renders it impossible to adopt
such programme unless the President
should deem it wise not to convene
an extraordinary session of the Senate
on the 4th of March. The Wisconsin
Legislature is now in session, conse-
quently the Governor cannot appoint.
Under the law the Legislature cannot
elect until the second Tuesday after the
vacancy occurs. Even should there be
no protracted struggle for the honor of
filling Mr.. Carpenters seat, new Sena-
tor cannot be sworn in from Wisconsin
before the 18th of March. The two
houses of the Legislature will meet sep
arately on the 9Th proximo to choose
Senator. If there is no delay the
houses viii elect in joint conven-
ton on the day following. Three days
will necessarily elapse before the Gre
dentiaIs reach Washington. and the new
Senator can be sworn in. If the Presi-
dent convenes an extra session on the
4th of March the Democrats, being in
majority, win Immediately proceed to
the reorganization of the committees.
The Executive business will be disposed
of, and the Senate will adjourn, placing
it out of the power of the Republicans
to reorganize until next winter, and
possibly not for a long time to
come. Changes in the strength of
the two parties in the Senate may
occur before next December. It is with
in the power Of Mr.. Hayes to give the
Republican party material assistance at
this juncture. The Senate is a perpet-
ual body, and the presence of the TWEEN
ty-five Senators whose new terms begin
on the 4th of March is not Indispensable
to the Inauguration of General Garfield.
Mr.. Hayes, by calling an extraordinary
session OF the Senate to meet on the 18th
of March. or by calling no session what
ever, leaving that duty to be performed
by the President elect, would obviate
the difficulty. In so doing, however, the
precedents of the past would be disre-
garded.
The Chicago Tribune suggests trick
by which the law may be evaded and
the vacant seat of the deceased Senator
be filed by Radical in time to partici.
pate in a Radical reorganization of the
Senate. 'It is true, says the Tribune,
''that, under the law for filing a vacan-
cY in the United States Senate during
the session of the Legislature of the
State in which such vacancy occurs,
Senator Carpenters successor cannot be
elected until the second Tuesday after
the official announcement of his death
shall be made. This will prevent the
choice of his successor by election until
Tuesday, March 8, but the delay
can be avoided by an adjournment
of the Legislature sine die, with
the understanding that the Governor
shall call new session after the 4th of
March. In the meantime the Governor
viii be authorized to appoint a successor
to Senator Carpenters seat, because the
law does not impose upon him, in the
absence of the Legislature, the delay
which it otherwise required. The Re-
publicans may possibly indicate by eau
Gus action their preference for the tenn
porary appointment, which the Governor
might follow to relieve himself from en-
barrassment. After reassembling the
Legislature would be able to proceed
regularly with the election Of Senator. !"
Such a maneuvre would be worthy of
the Radicals, whose motto is anything
to preserve the party in power" Such a
proceeding would not only be disgrace
fully partisan, but clearly in violation of
the letter and spirit of the law, which
authorizes the Governor to fill such
vacancies in the United States Senate
only when the Legislature of the State
is not in session. The vacancy
in this case occurred while the Legisla.
ture of Wisconsin is in regular session.
The action of that body should be regu-
lated by the existing law and not by the
exigencies of party. To depart from
the order of proceeding as prescribed
by the law, and temporarily adjourn for
the sole purpose of giving the Governor
an opportunity to evade the law, would
be disgraceful even to the Radical party.