The Portland daily press., 1881-12-20
XLVII tn Congress LIST Session.
SENATE.

WASHINGTON, Dec. 49,
The chair submitted communication from
the Secretary of War transmitting reports OF
engineers upon several surveys for the ship
ping interests of the country. Referred TO the
committee on commerce.
At 70 26 the Senate went into executive ses-
SION MIR. Edmunds, in behalf OF the Judiciary
committee, reported back the nomination OF
Mr.. Brewster as Attorney General, whereupon
it was confirmed unanimously
The Senate unanimously confirmed the
nomination of j. Bancroft Davis to be Assist
ant Secretary of State.
At II. IS doors were reopened and Mr. Maxcy,
from the committee on post offices, reported
favorably bill regarding railway mail SER
vice.
Mr. Sherman introduced bill to facilitate
the decision of controverted questions in GUS
toms revenue cases. Referred to the commit
tee on finance.
Additional bills were introduced as follows:
By Mr.. Hoar to fix day for the meeting OF
electors for President and Vice President;
to ptoyide for and regulate the counting of
votes for same and decision of questions aris-
ing thereon. The bill is identical with that
introduced by MI. Edmunds in the last Com
gres. Referred to the committee on privileges
and elections.
At 1.25, upon the expiration of the morning
hour the subject of the Presidential success
sion came up, and Mr.. Jones OF Florida re-
sumed his argument.
Mr.. Hoar's resolution for a special comittee
on the rights of woman was laid over without
action upon the expiration of the morning
hour
The House concurrent resolution for adj
journment over the holidays was referred.
A bill was passed providing that when le-
gal holiday falls on Sunday the next day shall
be a legal holiday and that bank paper matur-
ing that day shall be regarded as falling due
on the day previous The bill applies only to
the District of Columbia.
At I25 o'clock the unfinished business, the
resolution of Messrs. Beck and Maxey and the
bill of Mr.. Garland in relation to the Presiden-
tial succession were taken up.
Mr.. Jones of Florida resumed his argument.
He affirmed that under the constitution the
office of President in case of his inability de-
wolves upon the Vice President the same as in
case of the death, resignation or removal; that
when the office devolves nothing is eft 10 the
former incumbent but the title of ex-Presdent.
The constitution having in express terms de-
clared the office shall devolve and made no
provision for its return to the former President
and there cannot be two Presidents the con-
cluson is unanswerable that the Vice Presl-
dent holds the Office
Mr.. Bayard suggested the case of tempo,
rary inability of the President caused by physi-
cal illness and asked Mr.. Jones whether he de-
MED the right of the President under existing
law to resume his Office
Mr.. Jones replied that in his opinion under
temporary inability. There was nothing in
the constitution to show it and he thought it
would be unfortunate if there were. He as
serted emphaticaly that when once the Vice
President entered the Presidential Office in a
case of such grave inability as to justify that
step he holds it irrevocably for the balance of
the term. He denied the power of Congress to
legisate upon the subject or to define inability
by decaratory statute. To declare what the
law is and has Jeen, is Judicial power; to de-
IL, hat cl.,1l bot oil A
President of the United States seated in power
has right under the constitution to decide
all questions touching the extent of his own
authority and he would have a right against
any authority of Congress to hold that title
derived through invalidity gave him power
for four years. Who is to dispute his judy
ment when once he is in power. Neither the
Supreme Court nor Congress can reach him.
He might be impeached, but with the execu-
tive power in his hands he might defy and
defeat his impeachers. He (Jones) would adj
NIT that in the present state of opinion on this
subject the organic law ought to be changed SO
that every man in the United Estates high and
low may point with unerring certainty to the
rights, powers and duties of the Vice President
when called to the Presidential office. Con-
corning his amendment to Mr.. Beck resolu-
ton giving stability to the Office of President
pro tenn of the Senate) he said the presiding Of
ficer of the Senate ought not to be subject to
removal at the will of the majority of the Sem
ate. The constitution never intended it Pol
icy, wisdom and dignity forbid it, The con-
stitution gives the Senate power to fill va
cancy occasioned by the Vice Presidents en-
tering the Presidential offiee-this and nothing
MORE The power to fill a vacancy has never
been held to give the right to create one.
The pending resolutions of instruction to the
judiciary committee to inquire and report Leg
isIation on the subject with the bill of Mr..
Garland we're referred to that committee.
A communication relating to the seizure of
Vicenzo Rebelle, an Italian, in the CITY of
New Orleans, was referred to the judiciary
committee.
The Senate then went into executive session
and when the doors we're re-opened the House
resolution for adjournment from Wednesday
until January 9Th was favoraby reported.
Adjourned.
HOUSE.
The reading of the journal of Friday last
was dispensed with.
The Senate bill granting the ranking privi-
leee to Lucretia r. Garfield was taken from
the speakers desk and passed
Several bills were introduced and referred,
including one by Mr. Richardson of South
Carolina to apply the proceeds of the sale of
public lands to the education of the people.
Mr.. Duester of Wisconsin took the oath to-
day and his seat as member.
resolution was submitted requiring the
President to solicit from tie British govern
ment a list of names of all American citizens
under arrest or confined in British prisons by
authority of the British government with a
a statement of causes therefor.
Also one to provide for a drawback of ten
per cent on all goods hereafter imported in
American built ships.
A resolution re-enacting rules of 10th Con-
gress was adopted.
Mr.. Hawk of Illinois introduced bill for
the protection of the person of the President of
the United States. It provides for the pun
ishment by death for assault with intent to
kill the President ofthe United States If it
shall be shown that the assalant was irrespon-
sble at the time of the assault he shall be
confined in the insane asylum for life.
A number of bills, including a resolution for
the final adjournment of Congress on the LIST
of Nav, 1882, were introduced