The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1881-10-07
The Senate Organization,

Inc senate OTgdulAdu1OA'
The Democratic argument is that Presi-
dent of the Senate, pro tempore, must be
chosen before Senators-elect can be qualified
by OATH The custom has certainly been
that the Vice President or the Senator pre-
siding in his stead, should administer the
oath; but It is a custom honored in the
breach not few times since the constitu-
ton went into operation. The PRESS has
already mentioned the most notable excep
tion. At risk of repeating, the following
pertinent extracts from the Congressional
Globe, showing the practice of the Senate
in regard to swearing in new members
when that body has been without
presiding officer, are submitted
The act of June /, 1889, says: "The oath
os office shall be administered by the Press
dent of the Senate to each new Senator
who shall hereafter be elected pre-
vious to his taking his seat" The
law is clearly mandatory when the
Senate has President, but when IL has not,
and new Senators are waiting to be sworn
in, the question arises, what is to be done?
In the only two such instances which have
thus far arisen, the Senate has, without one
dissenting voice treated the law of 1889 as
inapplicable to the case in hand and had the
senior Senator present swear in the wait
ing Senators. In the first case cited below
the member elected President pro tenn. had
first to be sworn in as a Senator. In the
other case, which is exactly parallel with
the present situation, the Senate postponed
the election of President pro TEN. until
new Senator from South Carolina had been
sworn and admitted to participate in the
election.
Congressional Globe, Vol. 8, page 231l
IN SENATE.
THURSDAY, March 4, 1S41
At11 o'clock the Senate was called to order
by Mr.. Dickens its Secretary.
Mr. Bayard said that it would be recollected
that on Tuesday last Hon. VIM. r. King was
elected President pro tenn, but the TACT tnat
Mr. Kings term of service expired with the
close of last session was overlooked, and, IN
order to obvlate the difficulty, he would SUBJ
NIT the following resolution for the considera-
ton of the Senate:
Resolved. That the oath of Office be administered
to the Hon. VIM. R. King Senator elect from the
that he be and is hereby chosen President pro tenn.
of the Senate.
The resolution was unanimously agreed to,
and Mr. King having been qualified, took his
seat as President pro tenn. OF the Senate.
Congressional Globe Vol. 20, page s9.l
IN SENATE,
MONDAY, Dec 20, 1852.
PRAYER by the Rev G. NJ. Butler,
Mr.. Bell of Tennessee appeared in his seat
this morning.
PRESIDENT OF THE SENATE.
The Secretary-The Senate will please come
to order With the permission of the Senate
will read letter addressed to me by the Hon.
MIR. King, President of the Senate:
WILMINGTON CITY. Dec. 90 1852.
You will oblige me by laying before the enass mats
letter of resignation as presiding & oeer r Of tf
Istary Dickens, Secretary Of the Senate.
The letter of resign alton is as follows:
WASHINGTON Cry, December 20, 1852.
SENATORS: The feeble state Of my health
renders me unable to discharge the duties Of
President pro tenn. Accept, beg you. my res
ignation of the honorable position in which
you have with SO much unanlmlty placed me-
In taking leave of you, Senators, permit me
to express my grateful Acknowledgements for
vour uniform personal kindness and the gener-
GUS support you have never failed to give me
in my efforts to preserve order and enforce the
parliamentary law. May merciful Providence
preserve to each of you the greatest OF all
earthly blessings-health.
With the highest respect and esteem,
am your obedient servant.
WILLIAM 4. KING.
CREDENTIALS OF Mr. DE sAUssURE.
Mr.. Butler-Mr. Secretary, hope that by
unanimous consent may be allowed to offer
the following resolution:
ResoIyed That the oath prescribed by law be ad-
ministered to the Honorable William f. De Saqs
sure as Senator from he State of South Carolina BY
the Honorable John Davis.
/ hold my colleagues credentials in my
hand and hope the Senate will allow him to
be sworn in should not offer the resolution
but that have a precedent for it. and that pre-
cedent is the case of Mr.. King when he made
his first appearance here and there was no
Vice President. / find it upon the journal in
this way:
which was considered by unanimous consent
and agreed to:
Resolued, That the oath of Office be administered
to the Hon. William R. King, Senator-elect from
the State of Alabama, by the Hon. Henry Gay:
ate will read the credentials which have
been presented by the Senator from South Car
olina.
The credentials were read They set forth
that Hon William r. De Saussure was. on the
lature of South Carolina Senator in the Con.
gress of the United States to fill the unexpired
term of the Hon r. b. Rhett, resigned, being
until the 4th of March, 1852.
The resolution offered by Mr.. Butler was
agreed to, and the oath prescribed by law hav
ing teen administered by Hon. John Davis
Mr.. De Saussure took his seat in the Senate.
PRESIDENCY OF THE SENATE.
On motion of Mr.. Bright, by unanimous con-
sent, it was
Resolred, That the Hon. David r. Atchson be ap
| pointed President of the Senate pro tenn.
From these precedents it appears that any
Senator may be chosen in the absence of a
regularly elected President of the Senate tc
administer the oath to new Senators, and
| that the choice of regular presiding officer
may then be proceeded to. If it may be done
| it should be, and no State be debarred from
participating in the election of an officer who
may become by succession President of the
| United States. The right thing to do is to
swear in the new Senators before the Presi-
| dent pro tempore is chosen.
| Now it is the English farmer who is clam
oring for land bill, and having before him
the government provisions for Ireland and
the scheme formulated by the canny Scotch,
it is just probable that the draft understood
| to have been prepared embodies some reas-
enable suggestions for the benefit of a long
neglected class. While justice for Ireland
| is demand so loudly monthed, it would be
strange indeed if the British yeoman, con-
servative as he usually is, did not appreciate
4 r...