Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-12-14
THE SENATE.
A Record of the Proceedings Of that Bod v
Yesterday

1Ohoeoi 0oitu iutrOuuCSO u Dill Tor the p1-
mission INTO the Union of the state of Washing
lngton, and provides for the admission of Wash
ington territory ard portion of Idahs.
Senator Morrill, introduced bill to provide
for commission On the liquor traffic Its
the same bill which passed the senate at its last
session but failed in the house.
On motion, Senator Frye took up the consid-
Grafton OF the report of the committee on rules,
and proceeded to consider the new rnles.
The first proposed rule read as follows: First,
In the absence of the vice president the senators
shall choose president pro tenn. Second, In
the absence OF the vice president and pending
the ele ,tlon OF president pro tenn. the secreta-
~ of the senate, and in his absence, the chief
clerk, shall perform the duties of the chair
Third, The president pro tenn. shall have the
right to name in open senate, or if absent, in
writing, the senator who shall perform the duties
OF the chair, and the senator designated may dis
charge such duties for period not to exceed
three days, unless the senate have otherwise Or
dered,
Senator Bayard asked if the senators contem-
plate to effect the proposed rule which will give
the vice president the right to designate the per-
son who by possibility may become the acting
president of the United States. Suppose the
senator from Vermont (Ednunds) should be ab-
sent three days, and during that time the presi-
dent OF the United States, whether by the act of
God, or by public enemy, be removed from
life, such senator who mayhave been designated,
would, under this rule, become the acting pres
ident. He inquired if the senate proposed to
add to the difficulties clustering around the law
IN regard to the presidential succession, by
lodging in the president pro tenn Of the senate
an unchecked and an uncontrolled designation
OF the man who shall possess the enormous and
1ncalculable powers for good or evil, which
may attend the temporary possession of the
functions of the chief magistrate of ths re-
public. This course seemed to him to be en-
ureiy IN opposition to the theory of our gov
eminent and fraught with possibilities of very
grave dangers. his should not only be q gov
eminent of law but a government of public
opinion, and the clause lodging S. vast a pos
sible power in the hands of one
man might defeat the we'll con-
sidered feellpg and sentiment of the country.
In his opinion the provision proposed admitted
OF the possibility that the senator designa' ed by
the pre- sdent pro TEN will temporarily OCCUPY
the chair OF the senate going back of the presi-
Dental office, perhaps to veto a meas re he was
unable to defeat IN the senate. There has never
been shown in the senate any disposition to
take petty advantage of the absence OF members
on either side Of the chamber, and he hoped the
senate would pause before arguing that the per-
son that may happen to be for three days the
president PRO tenn of this body ofmen, as in case
of the presidents death, resignation or disable
lty, might succeed to the presidency without
any control of congress, and upon nomsnation
OF single Individual. He knew the commended
clanse he referred to was not Objectionable in
the character claimed, and did not admit the
construction put upon it, but he had given the
matter due consideration and believed it open
to the objection advanced, and the only safe
course In a matter SO serious was TO leave
nothing to SO open doubt.
Senator Garland moved to amend the rev
made rule by striking out the three day lirnita-
.,,,li
lion shall not extend beyond any adjournment"
which is the provision at present in force, He
opposed its allowing OF l2.,ger time than the
actual sitting OF the Senate fUf the delegation OF
the de egated power.
Senator Edmuuds thought it quite obvious
that in the present condition of the senate there
beirg 10 vice president, it would be great con-
venience TO adopt this rule, if it can be lawfully
and properly done, aud whether it can be done
lawfully or whether the president pro TEN. Is he
who occupies the chair under rule, or is the per-
son elected by the senate under the oonstitut on
1t is clear under the constitution and the
Law, th-t the person who is president pro TEN is
an officer, and the constitution accepts him as
an officer, and by the constitution ard laws
nisde in pursuance OF it, he is required to take
the oath as an officer to perform the duties Of
the office faithfully.
Senator Ednunds thought all must agree thai
luC IcibOl Sdilru W bIC Cildhl Wy us president
pro tenn or by the vice president, if presiding,
or if not the president pro tenn OF the senate, in
point of constitutional law is president pro tenn,
when once elected and qualified and continues
to be president pro tenn until his successor is
elected by the senate and qualified by taking
the OATH He could see how the provisions of
the new rule would involve the diff
culties or dangers apprehended by the senators
who oppose it, and ne was OF the opinion
that this would eeem especially trGe when it is
borne Il nit d the whole matter is every minute
OF the time within the immediate control OF the
senate, which can elect new president pro
tenn. at any moment it pleases.
Sen. Bayard inquired whether Il thu position of
the gentleman from Vermont WIS correct it
would not follow that there be an officer pre-
siding over the deliberations of the senate IN
known In the constitution, not the president
pro tenn, whom the senator from Vermont de-
seribes an officer named in the constitution,
but what Bayard would call ''nondescript," and
this would be delegation of delegated power,
a function generally forbidden by law. II the
senator from Vermnt be absent three days, and
delegate his position as presiding officer
to the senator from Kansas, and senator
Ingalls,, who during the discussion has occupied
the chair, how should he describe him, and in
case the senator from Vermont should die, who
could FILL his place.
Senator Ednunds replied that if what he ed
munds) had stated be true, then in that condi-
ton at the present moment the senator from
Kansas is nondescript. Laughter There is
no term known in The constitution or laws OF the
United States by which the address of the sena-
tor from Kansas while in the chair, and his pres
ence there, certainly by delegation and delegated
power, practice founded on the necessities of
the case and common sense. 1t may be as the
senator rom Delaware (Bayard) says, delega-
ton of power that cannot be delegated, and in
that case the senate at the present moment is but
mob.
The discussion was continued by Senator
Morgan ard Hosr, and an amendment was Of
fered by Senator Garland and lost. Yeas, "a;
nays, 90
Senator Sherman did not like to see the mat
ter become party question. he did not want
any rule that would meet with united opposition
of any side of the chamber. If it should app ar
that any one of fhe rules Wss open, honest and
free from party objection he would not be
against it. He would hold himeef ready if he
saw any valid legal or constitutional objection
to any special clause under considera. ion, that
he wonld vote against it.
Senator Edmunds offered resolution that the
senate proceed to the election of president pro
TEN. and asked that the resolution be laid On the
table until after the executive session.
The senate then adjourned until Monday.
Elected Bishop.
RALEIGH, N. c., Dec. 13.-The Rev. A. A.
Watson, of Wilmington, was unanimously
elected bishop of the new Episcopal diocese by
the convention at Newbu