Year: 1864

of every loyal State, and of every patri


otic citizen. This great Commonwealth
!, had just passed through heated polite
al contest, resulting in the choice of q
chief Executive officer, abundantly pledg
ed to an untiring support of the Govern
ment and the war With a majority in
both branches of the Legislature, holding
the same political views, the fortunes OF
war had placed the gallant and patriotic
Senator from Indiana Major White) in
the hands of the enemy, a prisoner war,
depriving the people of the State of the
power to carry out their expressed will in
the Senate. The constitution required
the returns of the elections to be opened
and published by the Speaker of the Sen
ate; the Governor was to be inaugurated,
and all the machinery of legislation to be
put in motion.


Unler these circumstances, anil with
the clearest convictions of my duty,
cme to the Senate without anticipating
! the slighte ,tadference Of opinion among
Senators upon that question. | knew,
however, that political parties were evea
ly balanced in the Senate, AMI Lid an
ticipate con estn the election ofSpeak-
er, which might be protracel, unless the
expressed will Of Il maj,rity of the people
was disregardel; and [ woull have con.
siderel it plain disregard of duty. if /
had left the Office vacant during such a
contest, at such time.


Always acknowle Lying the right of the
Senate to choose its presiding officera at the
commencement of the session, if it shall
so determine, and always ready most cheer
fully to yield my place to any successor
that might be 50 chosen assumed there
sponsibllity of retaining my position in
the chair, and dischlrging its duties and
am perfectly wiling now to bear the re-
sponsibility of my, acts. Il am perfectly
willing to admit that in so doing violated
which had prevailed for years in the Sen
ate, in this respect, that did not step out
of the Chair when the motion was made
to proceed to the election of Speaker
| remained in the Chair and put the mo-
ton myself when the practice had been.
for the Speaker to retire from the Chair
and allow the Clerk to put the motion,


My own view Of that practice is that it
was never anything more than an act Of
false deicacy on the part of the Speaker to
avoid putting question in which he was
generally interested, and that he could
have resumed the chair at any time upon
failure to elect, and continue to discharge
all the duties of Sreaker-and l have
simply to say that | disregard the prac-
tice, which | considered purely personal
to myself Some Senators, however, pre-
fer to regard this practice of leaving the
chair as resignation Of The Office. If
this be the true construction of the prac-
tice, then my only reply to those who op-
pose my position is, that, (asl said before,)
under the circumstances we were placed,
believed it my duty not to resign and
leave the Office vacant during the contest,
thus subjecting the State to the liability
as be NJ completely disorgan zed, bothin
its legislative an executive departments
and in this -vew Of the precedent and
practice | am elutlly willing to take the
res olsb lity o. my acts


Ithas been admitted byall, that whenthe
session commenced was 'clo.he1 with all
the functions Of Speaker, and that it was
my duty t. take the char and call the
Senate to order; bug Senator's who have
opposed me say that when | had receive
the returns of the election of eleven new
members to the body, hat moment all my
official functions cease anl was no lon.
ger the presiding Officer because new ell
ement hId come into the body which ha
right to participate in the election. Ii
such an argument has any force whatever,
it proves too much; for upon that theory
| if the Senate had chosen its officers on the
first day of the session, after the new SEN
ator FROM Indiana took h:sseat new elec-
ton must have been held, because nep
element had come into the body, and the
official character of the Speaker ceased
| have searched in vain for either law or
precedent to establish such position, and
| think the argument wholly without
force.


The Office of Speaker j. erected by the
Constitution, and when once filled in le
gal manner can only be vacated, as | con-
ceive, by expiration of the term fixed BY
law, by the death or re ignation of the of
fcer, the expiration of his term as SEN
ator, or the action of the Senate, it de-
claring the Office vacant, or electing asuc-