The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-10-05
rRonlnu ron SENATORS.
Tenure of Orice of the senate's Presiding
omcer-Is lie an Ofiicer of the United
States or of the Senatee

special To- 81 Louis Republican,
WAsHINGroN, October 2.-During the first
session Of the Forty fourth congress AN in
teresting debate occurred in the senate on
the tenure Of office Of the president pro tenn
porc of the senate, 1t came about ia ms
way; Since the preceding session of the SEN
ate Vice-P.csidont Wilson had died. Dur
pthat session Senator Ferry IN the alb
sence ofth, yicc-presidcnt, had been chosen
president pro tcmpore. At the meeting OF
the senate In December, 1870, senator Fer
nv, bv common consent, preSldeI' put oeu-
ator Edmunds appeard TO thlhk there
was GOOD opportunity to discuss the qnes-
ton Of the tenure of Office oi the preSiueh'
pro tempore and he introduced resoiutlon
declaring that on the 1th day oil January
next of one o'clock afternoon 'le sensIe
nrorced To The election OF president pro
ienporc." This resolution was referred To
The committee on privileges AMI electiQhS'
On the 9Th of January, 1876 Senator Nor.
ton. chairman, reported the resolution ana
acromnnnicd il with long report, stating
the following
CoNCLu-IoEs OF THE COMMITTEE:
First-Thc president pro temporc is an
officer Of the senate.
Second-Thr tenure of Il president pro
tempore who may have been elected at one
session does not expire with the beginning
of the next session, in case the vicc-PreSlueht
does not appear IT, take the char
Third-Thc death Of the vice-presdent NJ
ter cection-of a president pro tempore does
not have the effect To vacatc the Once OF
president pro tenpOre, and does not re-
aure the senate to proceed to new eIec-
ton. -,
Fourth--TAc president pro temporee has
not a vested right to the ONCE nntll inc
vice.prcsdent rcappearS ana taxes lhe
ahair and the senate has the right TO
remove him and elect another ut its pleas
IRE. H..
The procedents cited by the committee
were Overwhelmingly in favor OF the second
and third propositions, and the senate SUD
seoucntly affirmed both unanimously The
first proposition was not acted on me
fourth proposition gave rise To iohS ue-
bate. There were no preccdentS either pro
or con, and it had never been passed upon
by the senate II was, however, affirmed
sn January II, 1875, by a vote of "a to 10.
lnasmuci as the question may
COME ur AGAIN
In the sonata within few weeks under
peculiar and unfortunate circumstance II
will bo interesting now TO consider what
mas said on t'in subject IN 1876
senator Jones, Of Florida, made the Lead
ing argument in opposition To the PROPOSE
tion of the committee that the new presl-
dent pro tempore can be righllullN re-
moved at the pleasure of the senate, lie
contcn1ed that the law OF NV madc inc
president pro temporr an OFFICER % the
tnrtl States. "lf the power conferred
upon congress, touching the Filling. q
the Office of president of the United
States he I'm conflict with that which is sup
posed TO exist on the part of this body To
remove IT, presiding officer then reasonable
construction must decide the question AZ
issue. II is not enough tosay that the preSl-
dent pro tempure of the senate IS an olhttr
of this body like the scrgcanl'at-arms, ANA
because the Scrgcant-al-armS may Dc re-
moved BY the senate, 50 may the president
nro telnporc be- removed, This mode OF
reasoning would Ice admissible II congress,
under the constitution, had not pointed out
duties hcvond the senate for the one uihoer
in n certain contingency which Is not pre-
scribed for the other. This IS the, great
point in my opinion, upon which thus tie
bate must turn, .,..
~ contend says senator Jones, that
by the very words of the constitution the
POWER OF REMOVAL
does not exist. The constitution gives to
the senate the right to elect a president pro
tcmuOrc in the absence OF the c-lfcSlicllt'
Unon the appearance of the latter the right
ofthe former to the chair terminates, The
language is: The senate shalt choose
their other officers and also n president pro
tsmpore, in the absence Of the vice.presl-
dent, or when he shall exercise the Office OF
president of the United States The Lam
ruage In REGARD to.thc spcakcrShip Is; The
house of representatives shall choose their
sneaker and other officers, No one who
assnulied the constitution can fail to de
feet tht pointcd difference in the language
emploved in the two eases. The senate IS
not 10 choose their president pro temporc
and other officers but their other officers and
!, nrn,iicnt nro tcmporc
"The constitution gives to the senate the
right To choose a president pro tempnre III
the absence ot the Nice,pfeSueut lhlS j. az
eXpfeN power l'n,,Vn ~" "r,Il rn,cS il
Nht'''e"ocs wv poT ", W Mo con.titmtion
II, Nv" "'''uT'' ,,tn nhtoiu tbr
3t't wv o,,isr un b,nlird
usht A., ,nN,c,. ~ r,nnyL !,
noWcF 4" s1,wt' Wy H. r, ony, ;mnlind mn,y.
III mus u19v ''.ti,,ti, il, ,',,,,r,ss,
ts No'tcu ~ W. rV,, ~. II, What Jr,nrfi1cn
1ys' DIV ~, ',i,r,. =" Thr r',n,,rrs
ny 1 c'i,S',' " ,r t MIX, MI laws vhirl
i.lH n '., ,', l0 nnd nrrner for rorryinl
shWi uu nvI','i ,nuy,rr. ,nd nj
l'o 'NV,"'ro rs ,.t, hy ibis ron,tt9inu In
u'''t loNv's w, ciTn;t,l Sn,r. ,i, ,ny
ti'e Su'vl,u'', ". ,,i,n tb,rror Thecnrrrr,s
nv. W. Mann l., tbn authority vhirl
NV ~. ins in,,strl WITH Tho r',h
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