The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1881-08-30
OBSERVATION-DISCLOSURES.

bcr of the Washington Bar the following:
To the Editor OF the Evening Critic:
Inclosed you will find an extract from to-.
days New York San, which ought to be OF
interest to you as the rcputed organ OF tine
Secretary In particular and rs puryeyor oil
public information generally. The In
quiries put forward by the Sun contributor
are very pertinent and have attracted the
MANY LAwruns.
Washington, August 20. 1881.
The following is tho text of the inclosed
communication to the Sun referred to
To the Editor oJLte Staa:
SIR: The statement that Mr.. Blaine has
procured the signature of the President to
n proclamation conyening Congress in ex-
ira session, and that he keeps this document
by him for use In nm emergency, OF which
he himself shall be the sole judge, has been
current and uncontradicted for some days:
suggest that he ask the Attorney-Gcneral
few questions be lore he undertakes to use
such q paper in the way which has been
mentioned.
How long can the Secretary of State sup
press presidential act?
Would II presidential proclamation pos
sess any legal force Il 1t had not concurrence
of the Presidents will at the time of pro-
mitigation, and especially If 1t was plnin
that by reason of notorious and confessed
disability 1t could not have such concur
renee?
What effect would 1t have If issued after
the Presidents death? Could u dead Presi-
dent convene the Congress? Is.
Since receiving the above we have, in
view both Of the importance 0flthe subject
matter of inquiry and the exalted respect
ability of the inquirer, taken some pains to
prepare oursclf fer reply; notin the capacity
of the "reputed organ of the Secretary"
but of "purveyor of public information"
The answcr is That no such document is in
existence, or erer has been.
Therefore the Secretary is not suppress
ing Presidential act"
Therefore the question whether "a Presi-
dental proclamation would possess legal
force" under the assumed circumstances is
not practical question, because the circum-
stances assumed do not exist.
Therefore the further question, "sWhat
effect would 1t have if issued after the Pres
ident's death u" has no significance.
We regret that such fine opportunity
for the art of Constitution twisting should
be spoiled in this summary manner by the
mere presentation of u single prosaie fact.
Our admiration has been of late actively
exercised in view ofthe enormous resources
and great ingenuity developed by certain
school of lawyers in tile art of twisting
the Constitution. II seems to us that the
prime prerequisite to the complete educa-
tion of a modern Constitutional lawyer is a
total Punishment of the element of common
sense and substitution in its place of tech
nical ingenuity. 4f
The present situation is one which, while
not prescriptively provided for by the Con.
stitution, is yet soluble enough by the ap-
plication of common sense. If it should be-
come necessary to convene Congress in
order to secure declaratory legislation
touching the clause that regulates success
sion of the Vice. President to the Presidency
we do not apprehend that much time would
be wasted in twisting the Constitution to
see who should issue the call. We believe
that in an emergency such as the physical
or mental inability of the President to ISSUE
his proclamation in the usual form, mem
bers and Senators would with alacrity re
spond to q summons from the Cabinet OF
even from the Supreme Court not because
there is any exact law or clear
precedent for such action, but be.
cause the cOmmonest of common
sense teaches that the sovereignty
which always resides in the people, cannot
be impaired by the fact that, in an cxigency
its representative exercise was invoked by
an unusual agency. Ordinarily, the Prcsi.
dent is the agent In his disability 1t can.
not be said that the agency itself is sus.
pended, because that would imply a per.
sonal residence Of power and prerogative
whereas, the whole spirit of our system is
that there can be no personal residence OF
power and prerogative.
If this were a government of C0nstitu-
tion-twisters, many difficulties might arise
which cannot arise under government OF
common sense, which, after all, ours is, and
nothing else. Luckily, the emergency un.
der discussion is not at this writing proba-
BILE. But If it should occur we ven
ture to affirm that between the patriotic
common sense of the great mass of the
peopleapd their representatives the wise dis.
cretien ,of the leading members of the
Cabinet-BJaine, Window, Hunt and Kirk.
wood-aud the modest conservatism OF
Vice-Prssident Arthur, it would be solved
oo SiShyH ith 30 llttic JdrrlnB tnab no.
body h't the Observation-Disclosures would
be able to realize that anything unusual
was going on-7except from hearsay
In this interesting connection we recall
remark ,thc great Senator from Indiana
once madsto usdurng the electoral count OF
1857 tie was tken engaged, as was his
wont, in special study of the subject matter
before Congress and only those who en-,
joyed intimate acquaintance with Morton
can comprehend what Especial study y
meant with h&m. He hae been ON this oc
casion reading ahe debates of the Federal
Convention and ajl the relative gossip he
could find in extapt memoiIs, correspond
ence and other peppers of the nen who sal
in that great body,ar advised IS delibcra
.tions.
He told us his main ,aldeavOr had been t,
inbue himself with the spirit of s.he mer
who framed the Constitution in order tha
he might apprehend the spirit Of the worl
thoy had done which in turn would giv'
hip fight to understand how they INTENDED
and desired Succeeding generations to dea
with those things they had left undone
He said albat this study had led him TO thC
conclusion that what, specifically, migIr'
seem omissions or lapses, or too vague