Year: 1875




The President Pro Tenn. or tho scSsate.


The resolution Of Senator Edmunds that
the Senate elect President pro tenn on the
7th of January which has been referred to
an appropriate committee, was not offered in
a spirit of hostility to Mr.. Ferry, but in
order to settle and put beyond doubt or cavil
o question which might become troublesome
if President Grant should be suddenly taken
away. In that event it would be public
calamity if the Senate should recognize Mr..
Ferry and the House should recognize Mr..
Kerr as the legal successor Of Mr.. Kerrs
title to the Speakership there is nS question.
but there is q question as to Mr.. Ferrys title
to be considered as the President pro tenn. of
the Senate; and the doubt ought to be re-
moved while as yet party passions are not
infamed to distort the law and bias the de-
cision. There are conflicting precedents
as to whether the President pro tenn. elected
by the Senate at the close of session con-
tinues to hold that Office after the recess,
and point which may prove so important
ought to be put beyond the reach of cavil or
controversy


1t strikes us that the wisest and safest way
to settle this question would be by an
amendment of the rules of the Senate. The
House has standing rule, which makes its
Clerk and all its other officers elected at the
beginning of each Congress, except the
Speaker, to continue in office until their
successors are appointed, and in pursu-
ance of this rule the Clerk of the preced-
ing House presides over the organization
of q new one The Senate should estab-
lish similar standing rule in relation to it's
President pro tenn. 1t is usual when there
is a Vice President, for him to vacate the
chair on the last day of session and furnish
ON opportunity to elect temporary presiding
officer as a precaution against accidents to
the President and Vice President during the
recess. There can be no question that if
both of these officers had died before the
assembling of Congress Mr.. Ferry would
have become President of the United States
in strict pursuance of law but it is doubt
ful whether his Office did not end at the
opening of the new session. 1t certainly
would have ended then if Vice President





Whether the mere sufferance of the Senate
without new election establishes such
valid title to continuance as would make him
the lawful successor of deceased President
is point on which the conflicting precedents
and the absence of any settled rule throw so
much uncertainty that it ought not to run on
without an authoritative decision; and it
was proper for Senator Edmunds to raise the
question and attempt to bring it to settle-
ment. The fttest thing for the Senate to
do under the circumstances is to adopt a
standing rule that the President pro tenn
elected on the last day of session shall con-
tinue in Office until his successor is APP
pointed or the Vice President appears in his
seat. If the Vice President then happens to
die or to succeed to the Presidency during
recess there will be no possibility of a va
cancy in the Office which stands next in the
line of succession. As such a standing rule
might not operate retrospectively it would
still be safe to re-elect Mr.. Ferry, which we
suppose might be done without serious op-
position, as the question is not raised to dis
place him, but only to settle doubt.