as adopted will take effect in 1881, making the term of office six years and the President ineligible for reëlection. Having elected our President, how natural is it for us to say: Our President is a good man, and every President hitherto elected has had an opportunity for reëlection; ours only of the men elected to the office is limited to this one term of four years; the next one to be elected and all thereafter will have six years of office!' That will be an invidious distinction against the President of the party in power, and every member of that party will vote against the adoption of such an amendment, and you cannot get three-fourths of the States to adopt it, and the amendment will fall through.

"Now put off the operation of the amendment if adopted until 1885, and you will have removed it from all these difficulties which otherwise beset it. You have made it certain

that if it commends itself to the people it will be adopted by them. No party, as such, would necessarily be arrayed against it.

"Now, while I have reported this amendment in behalf of the minority of the committee, I am free to confess that I do not see any necessity for it."

Mr. Reagan, of Texas, said: "I now offer the following amendment as a substitute both for the original report of the committee and the pending amendment:

That no person who has held or may hereafter hold the office of President shall ever hereafter be eligible to said office.

That the term of office of President and Vice-President of the United States shall be six years.

"Mr. Speaker, I desire to say a few words only. I have not participated in this debate, and I shall not now participate in the discussion of the general question. I am not satisfied with the amendment to the Constitution proposed by the majority of the Committee on the Judiciary, nor do I feel satisfied with the amendment offered by the minority. I therefore offer this amendment, which will take effect from its adoption, if it shall be adopted. I desire to see the presidential term made for six years and for a single term."

The question was taken; and there wereyeas 71, nays 184, not voting 35.

So Mr. Reagan's substitute was rejected. The question recurred on the following amendment of Mr. Frye:

Srike out "6 no person who has held or may hereafter hold the office of President shall ever again be eligible to said office," and insert in lieu thereof the following:

From and after the 4th day of March, in the year 1885, the term of office of President and Vice-Presi

dent of the United States shall be six years; and any person having been elected to and held the office of President, or who, for two years, has held such office, shail be ineligible to a reëlection.

The question was taken; and it was decided in the negative-yeas 107, nays 143, not voting 39; as follows:

John H. Bagley, Jr., John H. Baker, Banks, Blaine, Bradley, William R. Brown, Horatio C. Burchard, Burleigh, Cate, Chittenden, Clymer, Cochrane, Conger, Crapo, Crounse, Farwell, Faulkner, Foster, Freeman, Frost, Frye, Garfield, Robert Hamilton, Hancock, Haralson, Hardenbergh, Benjamin W. Harris, Harrison, Hatcher, Hathorn, Hendee, Henderson, Abram S. Hewitt, Hopkins, Hoskins, House, Hubbell. Hurlbut, Joyce, Kasson, Kehr, Ketchum, Kimball, King, Franklin, Landers, Lane, Lapham, Lawrence, Leavenworth, Luttrell, Edmund W. M. Mackey, Levi A. Mackey, MacDougall, McCrary, Miller, Monroe, Morgan, Norton, Oliver, O'Neill, Plaisted, Platt, Potter, Rainey, Randall, Reagan, Packer, Phelps, William A. Phillips, Pierce, Piper, John Reilly, Riddle, John Robbins, Roberts, Robinson, Sobieski Ross, Sampson, Sheakley, Singleton, Sinnickson, A. Herr Smith, Strait, Stowell, Teese, Thornburgh, Throckmorton, Washington Townsend, Turney, Van Vorhes, Robert B. Vance, Walling, Warren, Erastus Wells, Wheeler, White, Whiting, Willard, Alpheus S. Williams, James D. Williams, Willis, James Wilson, Woodworth, and Yeates-107.

NAYS-Messrs. Ainsworth, Anderson, Atkins, Bagby, William H. Baker, Ballou, Banning, Barnum, ford, Bright, John Young Brown, Buckner, Samuel Beebe, Bell, Blackburn, Blair, Bland, Boone, BradD. Burchard, Cabell, John H. Caldwell, Campbell, Candler, Cannon, Caulfield, Chapin, John B. Clarke, of Kentucky, John B. Clarke, Jr., of Missouri, Collins, Cook, Cowan, Culberson, Cutler, Davis, Davy, De Bolt, Denison, Dibrell, Douglas, Dunnell, Durand, Durham, Eames, Eden, Egbert, Felton, Forney, Fort, Franklin, Fuller, Gause, Glover, Goodin, Andrew H. Hamilton, Henry R. Harris, John T. Harris, Hartzell, Haymond, Hereford, Goldsmith W. Hewitt, Hill, Holman, Hooker, Hunter, Hunton, Hurd, Hyman, Thomas L. Jones, Knott, George M. Landers, Levy, Lewis, Lord, Lynch, Lynde, Magoon, Maish, McDill, McMahon, Meade, Metcalfe, Milli ken, Mills, Morrison, Mutchler, Nash, Neal, New, Odell, Page, Parsons, Payne, John F. Philips, Poppleton, Powell, Pratt, Rea, Rice, William M. Robbins, Miles Ross, Rusk, Savage, Sayler, Scales, Seelye, Slemons, Smalls, William E. Smith, Southard, Sparks, Springer, Stenger, Stevenson, Stone, Swann, Tarbox, Terry, Thompson, Thomas, Martin I. Townsend, Tucker, Tufts, John L. Vance, Waddell, Waldron, Charles C. B. Walker, Gilbert C. Walker, Alexander S. Wallace, Walls, Walsh, Ward, G. Wiley Wells, Whitehouse, Wigginton, Wike, Charles G. Williams, James Williams, Jeremiah N. Williams. William B. Williams, Wilshire, Benjamin Wilson, Woodburn, and Young-143.

NOT VOTING

liam P. Caldwell, Cason, Caswell, Cox, Danford, Darrall, Dobbins, Ellis, Ely, Evans, Gibson, Gocde, Gunter, Hale, Hartridge, Hays, Henkle, Hoar, Hoge, Jenks, Frank Jones, Kelley, Lamar, McFarland, Money, Morey, O'Brien, Purman, James B. Reilly, Schleicher, Schumaker, John W. Wallace, Whitthorne, Andrew Williams, Alan Wood, Jr., and Fernando Wood-39.

Messrs. Bass, Bliss, Blount, Wil

So Mr. Frye's amendment was rejected.

The question recurred on the engrossment and third reading of the joint resolution, as follows:

Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled (two-thirds of each House concurring therein). That the following be proposed to the Legislatures of the several States as an amendment to the Constitution of the United States, which, when ratified by threefourths of said Legislatures, shall be valid as a part

of said Constitution:

The question was taken; and it was decided in the negative-yeas 145, nays 108, not voting 36; as follows:

YEAS-Messrs. Ainsworth, Ashe, Atkins, Bagby, John H. Bagley, Jr., Banks, Banning, Barnum, Beebe Bell, Blackburn, Bland, Boone, Bradford, Bright, John Young Brown, Buckner, Samuel D. Burchard, Cabell, John H. Caldwell, Candler, Cate, Caulfield, Chapin, John B. Clarke, of Kentucky, John B. Clark, Jr., of Missouri, Clymer, Cochrane, Collins, Cook, Cowan, Crounse, Culberson, Cutler, Davis, De Bolt, Dibrell, Douglas, Dunnell, Durand, Durham, Eden, Egbert, Faulkner, Felton, Forney, Franklin, Frost, Fuller, Gause, Gibson, Glover, Goodin, Andrew H. Hamilton, Hancock, Henry R. Harris, John T. Harris, Harrison, Hartzell, Hatcher, Hereford, Abram S. Hewitt, Goldsmith W. Hewitt, Hill, Holman, Hopkins, House, Hunton, Hurd, Thomas L. Jones, Knott, Franklin Landers, George M. Landers, Lane, Levy, Lewis, Lord, Luttrell, Lynde, Levi A. Mackey, Maish, McFarland, McMahon, Meade, Metcalfe, Milliken, Mills, Morgan, Morrison, Mutchler, Odell, Parsons, Payne, Phelps, John F. Phillps, William A. Phillips, Piper, Poppleton, Powell, Reagan, John Reilly, Rice, Riddle, John Robbins, William M. Robbins, Roberts, Miles Ross, Savage, Sayler, Scales, Schleicher, Sheakley, Singleton, Slemons, William E. Smith, Southard, Sparks, Springer, Stenger, Stevenson, Stone, Tarbox, Terry, Thompson, Throckmorton, Tucker, Turney, John L. Vance, Robert B. Vance, Waddell, Charles C. B. Walker, Gilbert C. Walker, Walling, Ward, Warren, Erastus Wells, Whitehouse, Wigginton, Alpheus S. Williams, James D. Williams, Jeremiah N. Williams, Willis, Wilshire, Benjamin Wilson, and Yeates

-145.

NAYS-Messrs. Adams, Anderson, George A. Bagley, John H. Baker, William H. Baker, Ballou, Blaine, Blair, Bradley, William R. Brown, Horatio C. Burchard, Burleigh, Campbell, Cannon, Chittenden, Conger, Crapo, Davy, Denison, Eames, Farwell, Fort, Foster, Freeman, Frye, Garfield, Hale, Robert Hamilton, Haralson, Hardenbergh, Benjamin W. Harris, Haythorn, Haymond, Hendee, Henderson, Hooker, Hoskins, Hubbell, Hunter, Hurlbut, Hyman, Joyce, Kasson, Kehr, Ketchum, Kimball, King, Lapham, Lawrence, Leavenworth, Lynch, Edmund W. M. Mackey, Magoon, MacDougall, McCrary, MeDill, Miller, Monroe, Nash, Neal, New, Norton, Oliver, O'Neill, Packer, Page, Pierce, Plaisted, Platt, Potter, Pratt, Purman, Rainey, Randall, Robinson, Sobieski Ross, Rusk, Sampson, Seelye, Sinnickson, Smalls, A. Herr Smith, Strait, Stowell, Swann, Teese, Thomas, Thornburgh, Martin I. Townsend, Washington Townsend, Tufts, Van Vorhes, Waldron, Alexander S. Wallace, Walls, Walsh, G. Wiley Wells, Wheeler, White, Whiting, Wike, Willard, Charles G. Williams, William B. Williams, James Wilson, Fernando Wood, Woodburn, and Woodworth-108. NOT VOTING-Messrs. Bass, Bliss, Blount, Wil

liam P. Caldwell, Cason, Caswell, Cox, Danford, Darrall, Dobbins, Ellis, Ely, Evans, Goode, Gunter, Hartridge, Hays, Henkle, Hoar, Hoge, Jenks, Frank Jones, Kelley, Lamar, Money, Morey, O'Brien, Rea, James B. Reilly, Schumaker, John W. Wallace, Whitthorne, Andrew Williams, James Williams, Alan Wood, Jr., and Young-36.

So (two-thirds not having voted in favor thereof) the joint resolution was rejected.

On the same day, Mr. Harrison, of Illinois, introduced again the following joint resolution for an amendment of the Constitution, which was referred to the Judiciary Committee:

ARTICLE XVI. From and after the election for ratification of this article, the President shall hold his office during the term of six years, and, together

President of the United States next following the

with the Vice-President chosen for the same term, be elected in the manner as now provided or may hereafter be provided; but neither the President nor Vice-President, when the office of President is devolved upon him, shall be eligible for reelection as President, but shall be from and after the expiration of his office as President, unless the same be by impeachment, a Senator for life for the United States at large, and, as such Senator, shall have the same privilege as other Senators (except that he shall not vote as Senator, nor shall he be President pro tempore of the Senate), the same immunities, and compensation; but his attendance upon the sessions shall not be compulsory, nor shall his compensation be abridged by reason of his non-attendance.

On the same day, Mr. Morrison, of Illinois, introduced again the following joint resolution to amend the Constitution, which was referred to the Judiciary Committee:

ARTICLE XVI.-From and after the next election

for a President of the United States, the President shall hold his office during the term of six years, and, together with the Vice-President chosen for the same term, be elected in the manner as now provided, or may hereafter be provided; but the President shall not be eligible for more than six years in any term of twelve years.

introduced the following joint resolution for On the same day, Mr. McCrary, of Iowa, an amendment of the Constitution, which was referred to the Judiciary Committee:

All civil officers of the United States, except judges of the Supreme and inferior courts, the heads of departinents, and those whose duties are temporary in years, unless a longer term shall be fixed by law. their character, shall hold office for a term of four Congress may by law provide for the election by the People, of postmasters and other officers whose duties are to be performed within the limits of any State or part of a State; but the President shall whether appointed or elected, for any cause affecting have the power of removal of any such officer, the incumbent's character, habits, or other qualifications, excepting political or religious opinions.

On January 6th, Mr. Reagan, of Texas, introduced the following joint resolution, proposing amendments to the Constitution of the United States, which was read a first and second time, and referred to the Judiciary Committee:

they occur in the first line of clause 3, section 2, 1. That the words, "and direct taxes," where. Article I., of the Constitution, be stricken out.

2. That the following words be added to the end of clause 1, section 8 of Article I., of the ConstituStates, shall be apportioned between the several tion: "And direct taxes, when levied by the United, States and Territories, and the District of Columbia, in proportion to the value of the property in each, and each State, Territory, and the District of Columbia, shall have the right to collect its portion of the same, if it elect to do so, by its own officers, and from subjects of taxation provided by its own laws, and pay the same over to the United States, as may be provided by law. And on the refusal or failure of any State, Territory, or the District of Columbia, to collect and pay over its portion of any such tax, the same shall be collected as may be provided by the laws of the United States."

On the same day, Mr. Oliver, of Iowa, introduced the following joint resolution to amend the Constitution of the United States, which was referred to the Judiciary Committee:

After the year 1876, the President and Vice-President of the United States shall be elected by a direct vote of the people of the several States, and the electors in each State shall have the same qualification as the electors of the most numerous branch of the State Legislature.

The person receiving the greatest number of votes for President shall be the President, and the person receiving the greatest number of votes for VicePresident shall be the Vice-President; but if two or more persons shall each receive an equal and the greatest number of votes for President, then the House of Representatives shall from such persons immediately choose the President; and if two or more persons shall each receive an equal and the greatest number of votes for Vice-President, then the Senate shall from such persons immediately choose the Vice-President. In such elections each House shall vote viva voce, and each member shall have one vote, and the person receiving a majority of the votes cast shall be elected; and in case of a tie, the presiding officer shall determine it.

The election for President and Vice-President

shall be held at the time now provided by law for choosing the electors of such officers, but Congress may prescribe a different time, which shall be the same in all the States; and Congress shall prescribe the manner of holding and conducting such elections, and making the returns thereof; and in case of failure so to do, that duty shall devolve in the order named, first, on the President of the United States; second, on the Legislature of each State within that State; and, third, upon the chief Executive of each State within that State.

The returns shall be canvassed at the time and in the manner now provided, or which may be hereafter provided by the joint rules of the two Houses or by law, by and in the presence of both Houses of Congress, who shall be the judges (each House voting separately) of the returns and election; but in case the two Houses shall not agree, then the matter of disagreement shall be referred to the Supreme Court of the United States, which shall forthwith decide the same; and such decision shall be final.

At the same time Mr. Oliver introduced the following joint resolution, which was likewise

referred:

The Senate of the United States shall be composed of two members from each State, who shall hereafter be elected by a direct vote of the people for six years; and the electors in each State shall have the same qualifications as the electors of the most numerous branch of the State Legislature; but the Congress may by law provide for conducting and holding the election and canvassing the vote.

On January 17th, Mr. O'Brien, of Maryland, introduced the following joint resolution to amend the Constitution, which was referred to the Judiciary Committee.

ARTICLE XVI. Section 1. No State shall make any law respecting an establishment of religion or prohibiting the free exercise thereof; and no minister or preacher of the gospel or of any religious creed or denomination shall hold any office of trust or emolument under the United States or under any State; nor shall any religious test be required as a qualification for any office or public trust in any State, or under the United States.

Sec. 2. No money received by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect; nor shall any money so raised, nor lands so devoted, be divided between religious sects or denominations; nor shall any minister or preacher of the gospel, or of any religious creed or denomination, hold any office in connection with the

public schools in any State, nor be eligible to any position of trust or emolument in connection with any institution, public or private, in any State or under the United States, which shall be supported in whole or in part from any public fund.

On the same day Mr. New, of Indiana, introduced the following joint resolution to amend the Constitution, which was referred to the Judiciary Committee:

ARTICLE XVI. From and after the next election

for the President of the United States the President shall hold his office during the term of four years, and, together with the Vice-President chosen for the same term, be elected in the manner now provided by law, or as may hereafter be provided. But neither the President, the Vice-President, nor any other person in the office of President, as devolved upon him by law, shall be eligible to the office of Presi

dent a third time.

On January 18th Mr. Williams, of Wisconsin, introduced the following joint resolution to amend the Constitution, which was referred to the Judiciary Committee:

ARTICLE XVI. No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, or any public lands devoted thereto, shall ever be under the control of any religious sect; nor shall any money so raised or lands so devoted be divided between religious sects or denominations; neither shall money raised by taxation in any State be appropriated for the maintenance of any sectarian school or

sectarian institution.

Several other amendments of less interest were proposed and referred. It is not necessary to notice them here.

In the Senate, on January 10th, Mr. Morton, of Indiana, said: "Mr. President, it has been suggested to me by several Senators that the report of the Committee on Privileges and Elections in regard to the tenure of office of the President pro tempore of the Senate should properly have been accompanied by a resolution or resolutions embracing the conclusions of the committee. I now, therefore, offer the following resolutions:

Resolved, That the tenure of office of the President pro tempore of the Senate elected at one session does not expire at the meeting of Congress after the first recess, the Vice-President not having appeared to take the chair.

Resolved. That the death of the Vice-President does not have the effect to vacate the office of President pro tempore of the Senate.

Resolved, That the office of President pro tempore of the Senate is held at the pleasure of the Senate.

Resolved, That Hon. Thomas W. Ferry, a Senator from Michigan, who was elected President pro tempore of the Senate at the last session, is now the President pro tempore of the Senate by virtue of said

election.

The Chief Clerk read the resolutions.

Mr. Merrimon, of North Carolina, said: "Mr. President, I entertain the opinion that when the Senate elects a President pro tempore, the Senator so elected may rightfully continue to hold his office, unless his term as

Senator shall sooner terminate, or he shall be removed for cause, until the Vice-President shall return to preside over the Senate, and in case he shall fail to so return because of death or other cause, then until a new Vice-President shall be elected and qualified; and I ask the indulgence of the Senate while I state briefly the reasons that have brought me to this conclusion.

"The Senate is a perpetual body; it is created, its powers are conferred, defined, and limited by the Constitution. The general laws of parliamentary bodies are applicable to it only so far as the same are not modified by and not inconsistent with the Constitution. It cannot rightfully exercise powers not so conferred; it is not a body possessed of arbitrary powers; it must be governed in all things by the spirit of the Constitution. That it has the physical power to remove at will the President pro tempore I do not deny, because there is no tribunal to review its action, but whether it has the right without reasonable cause to make such removal may well be questioned; indeed, I cannot suppose there could exist any disposition to exercise such arbitrary power. It therefore appears that the Senate is thus governed by the Constitution.

"The Vice-President is President of the Senate, and he is beyond the control of that body, because the Constitution makes him so. It provides in terms no less definite and no less binding another officer to supply his place in his absence. The clause containing that provision is in these words:

The Senate shall choose their other officers, and also a President pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States.

"This clause is mandatory; the Senate must choose its officers, other than its President, and a President pro tempore as well and as surely as any other, when the contingency requiring one shall arise. This officer is not at the option of the Senate; he is essential, as absolutely so as any other known to our system of government. If the Vice-President shall be absent, the Senate cannot proceed lawfully with business for one hour without this officer, and plainly because the Constitution commands that in that case such officer shall be elected. The Senate may determine what other officers it will have, but this officer it must have; he is designated. He may be not improperly styled an officer provided by the Constitution.

"What, then, is the term of his office? The words "shall choose. . . . also a President pro tempore" plainly and necessarily imply for during the time of the absence of the VicePresident from the Senate for any cause. The term or phrase pro tempore, has a very general meaning. It implies, generally, for the time, the occasion, the exigency; as if the president of the national convention of one of our political parties should be temporarily absent, in that case, by the general law of parliamentary

bodies, a temporary presiding officer would be appointed or elected to supply his place during such absence. Such officer would be styled president or presiding officer pro tempore, and he would continue to preside until the return of the regular president, and an adjournment to a day certain would not displace him unless he should be removed. The time of the absence of the president in that case is the time, the occasion, the exigency, to be supplied. This rule, as thus stated, applies to all deliberative bodies governed by general parliamentary law. But the special meaning of the term pro tempore must be ascertained by its use in a particular case, and so in the case now under considoration.

"The Senate is required to have always a presiding officer, and the Constitution provides that 'in the absence of the Vice-President, or when he shall exercise the office of President of the United States,' the Senate shall make one which is designated by name as President pro tempore-that is, for the time of such absence. To say that the power conferred to appoint pro tempore may be for one sitting of the Senate, for one hour, a day, a month, a session, or at the will of the Senate, does not meet the case provided for: the purpose is to supply a certain, fixed presiding officer for the time the regular officer shall be absent, whether that be long or short. He may be absent for a day, for a whole session, or for his whole term of office, and that absence is the measure of time to be supplied by the President pro tempore. The term of such an officer could not be fixed by more definite terms; no other words could describe or fix his term more aptly; it is as certain as if it had provided for a year or four years, and nothing is left to discretion. If this view is not correct, then what is the true measure of time? And who shall determine it? If it is said the Senate, then whence the power? The power is expressly given to elect, and the term is fixed as definitely as language can make it: no power is given to limit the term, either in words or by necessary implication. To say that the Senate can determine the term of office thus fixed by the Constitution, and that without cause, is shocking to the legal mind! If the office were one created by the Senate, then it may fix the term and determine it; but that is not the case: here the office is fixed, designated, and the term limited by the Constitution itself.

The President pro tempore is an officer in the sense of the Constitution; he is, in the Senate, in the place of the Vice-President. He exercises the same power. He is clothed with important powers; grave duties devolve upon him, and he enjoys privileges which necessarily imply duration; he is amenable to the Senate for the just and proper exercise of these powers, and great responsibility attaches to him as such officer. The Constitution makes him an officer in the full sense of that term; in point of time, power, opportunity, privilege, and,

indeed, in every respect pertinent and lawful. He is not a mere occupant of the chair by the courtesy or will of the Senate; he is more than that; he presides not by courtesy, but by right; he exercises high powers, not by the toleration of a majority, but by the sanction of the Constitution; his official character is recognized by the other branch of Congress, by the Executive and Judicial Departments of the Government, and his official acts are good to all intents and purposes whenever or wherever called in question.

"The framers of the Constitution well understood that by the general parliamentary law the Senate could make a temporary presiding officer, who would be subject to its will and pleasure. Then the significant question presents itself, why the provision in question? Was it mere surplusage-only in affirmance of the general parliamentary law? By no rule of construction can it be so construed, if it can have another reasonable meaning; indeed, a purpose and different meaning must be assigned, if this can reasonably be done. Can this be done? It is manifest that it can. The plain purpose was to provide a different officer from the one allowed by the general parliamentary law: one not at the will and pleasure of the Senate, but one like the Vice-President, beyond its arbitrary control, one free and independent, one not subject to the whim of the hour, or the caprice and changing intrigues of political par ties. The manifest object was to provide an officer as nearly independent as might be. The same conservative spirit that dictated the nature, character, form, and independence of the Senate suggested the wisdom of making the presiding officer of that body as free and independent as possible. It was deemed unwise to make an officer so dignified and important the mere tool of a party or a majority, by making him subject to their will and pleasure. This view makes the provision of the Constitution in question operative, and answers a wholesome, indeed, a necessary, purpose, in view of the nature and purposes of the Senate. Any other makes it nonsensical and nugatory."

Mr. Saulsbury, of Delaware, said: "Mr. President, I do not propose to occupy more than a few moments of the time of the Senate, but I cannot concur entirely in the views which have just been expressed by the Senator from North Carolina, and I desire to say in the commencement of the remarks which I have to make that I regard this not as a question appertaining at all to the present incumbent of the chair, but as a question purely of a legal character, involving the rights and powers of this body. It rises above any considerations of a private character, because it affects the dignity and powers of the Senate itself. If it were a question involving any personal rights, I should take it on myself to say that so far as I have observed the action of the present incumbent of the office no man could have discharged the duties more satisfactorily to the

body; no one could have acted with greater courtesy and urbanity to all; and he has displayed an impartiality and ability that entitle him to the regard and consideration of every member of the Senate.

But, sir, it is not a question affecting private rights, but a question involving, as I before said, the rights of the Senate-the right of this body to change at its pleasure the presiding officer of the body.

"The only provision in the Constitution which refers to it is found in the fifth clause of the third section of the first article, which was quoted by the Senator from North Carolina. The Senator infers, from the fact that there is a specific authority given to elect a President pro tempore, that the Speaker pro tempore is named, that it was intended thereby that he was to be distinguished from other officers in respect to the tenure of his office and the power and authority of the Senate over such officer. I dissent from that view. reason why he is specifically named in that clause is very apparent from the face of the clause of the Constitution referred to.

The

"The Constitution had provided in the preceding clause for the Senate a presiding officer, the Vice-President of the United States; and unless there had been a special provision of the Constitution as to who should preside over this body in the absence of the Vice-President there would have been no authority whatever in the Senate of the United States to choose its presiding officer. I hold that but for the provision here inserted in the Constitution the death or absence of the Vice-President would have left this body entirely without a presiding officer, and incapable from any inherent power in the Senate as a deliberative body to provide one. It would have been in the precise condition that the House of Commons in England is, which to-day cannot elect a Speaker pro tempore except by the consent and approval of the crown. And so, but for this special provision authorizing the Senate of the United States to provide a President pro tempore in case of the death or absence of the Vice-President, this body would have had no power to select its own presiding officer; and hence it is that that clause is specifically inserted delegating authority to the Senate in case of the absence or death of the Vice-President, or when he shall exercise the office of President of the United States, to provide a presiding officer. For this reason he is specifically named in the Constitution, while the other officers' are not named.

"Now, I differ from the conclusions of the honorable Senator as to the results which would follow provided the Senate had not the power to choose. I cannot concur in the view entertained by some, that when we have once elected a President pro tempore we have exhausted the power which is conferred by the provision of the Constitution authorizing the selection of a President pro tempore. If that