The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-12-14
THE SENATE PRESIDENCY.
An Interesting Debate on the Proposed New
Rules

An interesting DEBATE on the Proposed New
Rules.
WASHING TON, Dec. 13.-In the Senate, Mr.
Dolph introduced bill for admission into
the Union of the State of Washington. 1t
provides for the admission of Washington
Territory and portion OF Idaho
Mr.. Morrill, introduced bill to provide
commission on liquor traffic. 1t is the same
bill that passed the Senate last session, but
failed in the House.
The Senate then, on motion of Mr. Frye,
proceeded to consideration of the report of
the committee on rules. The first proposed
rule reads as follows:
F1rst-In the absence of the Vice-president,
the Senate shalt choose a President pro TEN.
Second-In the absence of the ce-presdent
and pending the election of President pro tenl.,
the Secretary of the Senate, or in his alb
sence, the Chief Clerk, shall perform the duties
of the chair.
Third-Tnat the President pro TEN. shall have
the right to name IN open Senate or if absent,
in writing, the senator to perform the duties of
the chair, and the senator designated may dis
Charge sneh duties for period not exceeding
three days, unless the Senate otherwise orders.
Mr.. Bayard asked the senators to contem-
plate the effect of the proposed rule, which
gave the Vice-president the right to desg-
nate the person who, by possibility NAV
become acting President of the United States
Suppose the Senator from Vermont FED
munds] should be absent three DAYS, and
during that time the President of the United
States, whether by the act of God or a public
enemy, be removed from life, such senator
as may have been designated would, under
this rule, become the acting President He
inquired if the Senate proposed to add to
the difficulties clustering around the law re-
sarding presidential succession by lodging
in the President pro- tenn. of the Senate the
unchecked and uncontrolled designation of
the man who shall possess the enormous, in
calculable powers, for good or evil W hich NAV
attend the temporary possession of the func-
tons OF the chief executive of the republic
This course seemed to him entirely in opposi-
ton to the theory of our government and
fraught with posi- Utilities of very great dan
gere. This should not only be government
of law, but government of public opinion;
and clause lodging so vast posi- BILE power
in the hands of one man might defeat the
we'll considered feeling and sentiment of the
country. In his opinion, the provision pro-
posed admitted the possibility of the senator
designated by the President pro tenn. to tenn
porarily occupy the chair of the Senate,
going back to the presidential Office perhaps,
to veto measure he would be una BILE to de-
feat in the Senate There never had been
shown, in the Senate, any disposition to take
a petty advantage of the absence of a men,
Der of either side of the chamber He knew
it would be contended that the clause
he referred to was not of the Objectionable
character claimed and did not admit the
construction put upon it, but he had given
the matter serious consideration, and be-
lieved it open to the objection advanced.
The only safe course in matter so serious
was a course that left nothing open to doubt,
Mr.. Garland moved to amend the new
rule by striking out the three-day Limitation
and inserting instead but such substitution
shall not extend beyond an adjournment"
xuh i0h &c OF 10 e..
He opposed allowing longer time than the
actual sitting of the Senate for the delegation
of delegated power.
Mr.. Edmunds thought it quite obvious
that in the present. condition of the Senate,
there being no Vice president, it would be a
great convenience to adopt this rule, if it
can lawfully and properly be done. Whether
it can be done lawfully depends upon
whether the President pro tempore is he who
occupies the chair under the rule or is a per-
son elected by the Senate under the
constitution, 1t is clear, under the constitu-
ton and law, that the person who is Presi-
dent pro tempore is an officer The consti-
tuition describes him as an officer, and by the
constitution and laws made in pursuance of
it he is required to take the oath as an officer
and to perform the duties of the office faith
fully Mr.. Edmunds thought all must agree
that the person called to the chair by the
President pro tempore or by the Vice-presi-
dent pro teInpore of the Senate. In point of
constitutional law a President pro
tempore once elected and qualified
continues 10 be President pro tenn
pore until his successor is elected
by the Senate and qualified by taking the
oath. He could not see that the provisions
of the new rule would involve the difficult
ties or dangers apprehended by the senator's
who oppose it, and he was of opinion that
this would seem especially true when it was
borne in mind that the whole matter is,
every minute of time, within the immediate
control of the Senate, which can elect new
President pro TEN. any moment it pleaSes
Senator Bayard inquired whether if the
premises of the gentleman from Vermont
were correct, it would not follow that there
would be an officer presiding over the DELHI
erations of the Senate unknown to the con-
stitution, not the President pro tenn, whom
the Senator from Vermont described as the
officer named by the constitution, but what
Mr.. Bayard would call "nondescript" This
would be a delegation of delegated
power-a function generally forbidden by
law. If the Senator from Vermont be alb
sent three days and designates to the posi-
ton of presiding officer the Senator from
Kansas [Senator ingalls,, who, during the
discussion occupied the chair], how should
he describe him, and in case the Senator
from Vermont should die, who could fill his
place?
Mr.. Edmunds replied that II what he Mr..
Edmunds] stated be true, then the Senate
was in that condition at the present moment,
and the Senator from Kansas is a monde
script. Laughter. There is no term known
TO the constitution or laws of the United
States by which to address the Senator from
Kansas while in the chair, and his pres
ence there is certainly by a delegation
of delegated power. The practice was
founded in the necessities of the case and in
common sense. 1t may be as the Senator
from Delaware [Mr. Bayard] says, delega-