Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-12-15
CONGRESSIONAL.
SENATE.

lbuu eieaMs
tories.
By -Plumb-Amsnding Section 252 Of
the revised Statutes. providing for the
issuance Of gold certificates. TT substi-
tutes the word directed" for "author-
led" 90 a. to make It mandatory on
the Secretary to issue certificates upon
deposits Of coin and bullion.
Also. authorizing the President, when.
ever In his judgment the exingsncy Of
the frontier service requires It. to add
25, 900 enlisted men to the army, 10
serve during such emergency, and mol
longer than n year.
After the morning hour the question
Of the Presidential succession waa
brought up. and Beck addressed the
Senate TO illustrate the urgency for 40.
ton.
Beck spoke Of the serious difficulties
and confusion likely to arise from the
endorsement Of the Act OF March /, 1892.
giving the line OF succession to the
President Of the Senate, or II there Ia
mono TO the Speaker Of the House In the
contingency therein provided for. and
referred to many instances In which. II
any such contingencies hadarisen, these
difaculties would have been illustrated,
He said that while the word OF an officer
in the clause OF the Constitution en-
powtring the Legislature to declare what
officer shall act ss provisional successor
had been held to mean an officer Of the
United States. the only existing pro.
vision OF law on the subject OF the Act
OF 1892 designated officials not rsooe.
nized % officers Of the United States
Senate. It was decided In 1898. 10 the
Blount impeachment. that Q Senator waa
not o civil officer OF the United States
within the impeaching clause Of the
Constitution. and this decision had been
followed. There were many difficulties
in the way OF the execution Of the law.
The Speaker OF the House ordinarily
has NO official existence for nine months
every alternate year. and the President
OF the Senate may have no official eI'
istence at the same time, as had repeat
eddy occurred, and was o fact at the
time the assassination Of President
Garfield took place. In the life
Of the Vice President the office s Q Prssi'
dent pro tenn. OF the Senate. and does
not exist except In the absence OF the
Vice President. upon whose reappear-
ancs the President pro ten. becomes
Juncius oticio. The power given Con.
gress provides for the succession, being
the power to designate the officer already
existing. The latter must continue 10
hold office. the possession Of which quail
lies him for the designation as acting
President OF the United States. Thus
the Speaker OF the House, or the Presi-
dent OF the Senate. who, acting as Prtsi.
dent Of the United States, would WELD
both the Legislative and Executive power
OF the government, as hs would take
part in legislation aud approve without
the execution Of his signature. To that
same legislation. further, both the Pres.
ident Of the Senate and the Speaker Of
the House becomes ineligible TO expedi.
ency by reason OF alienaRe and homage.
This Was illustrated In tho case oil Clay
In 1911, who was elected Speaker Of the
House before be was Of Presidential age,
and under the existing law. II both the
President and Vice President had died
sixty days before the first Wednesday Of
the present month. II would have been
necessary to elect q new President who
would be sworn In on the 4th OF March
next, In the middle OF the long term Of
Congress, and II be was to servo four years
his term would expire In the middle Of o
long Congressional term. The intro.
duciion Of o new Cabinet and new mn.
chipery 10 the middle OF Congress
would disorganizs oil the Governmental
Departments, and ought to be guarded
against. Beck regarded the subtsnce Of
the bill reported by the Judiciary Com.
mittee Of the Senate in 1856. making
the succession fall OF the Judges Of the
Supreme Court, officers who had the
qualifications required for the Presi.
dency and Vice Presidency. as bridging
over the difficulty. BE denied the po-
sition taken by that committee and by
able lawyers. that when, In the temper
airy disability Of the President, the Vice
President succeeds the President. he
cannot afterward resume the place. II
Lincoln had been captured by the Con.
federatss. IL would have been necessary
for Hamlin to sign as President the leg
i~slation passed to raise men and money
to carry on the war. But the declare.
ton by Hamlin that he intended to act
for the remainder Of the term would
have caused q revolution In the North.
Beck was opposed to Gsrlsnd's bill,
vesting the succession to the Cabinet
officers. because In the event Of the 70.
moval Of the President. the Cabinet
might not only DO implicated with the
President. but might be shown to have
advised the offenss, for which he Is re-
moved. Then. too. the Cabinet mem.
bers may not possess the requisite quail.
ifcations for the Presidency In age and
nativity. He then quoted from an In.
teresting letter by an official Senate 70.
porter, ~. r. murphy, IN tosPouoo W
one from himself. giving the record OF
the insertion OF the clause In the Con.
stitution and the Legislature on the sub.
ject.
Morey followed Beck, hsldins that the
Vice President does not become Presi.
dent nor entitled to take the oath as such
pending the inability or disability OF the
President, but q discharge the powers
aud duties Of the Office by virtue Of bis
Office a. Vice President, pending dis.
ability, and nc longer.
Anthony followed In an calculation OF
the political difficulties In the way Of the
enforcement Of the Act OF 1892, and the
necessity for q remedy therefor.
Garland obtained the Aoor. whom the
Senate went into executive session and
adjourned.
II your hair is coming out, or turning