The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-12-15
LINE OF SUCCESSION.
DEBATE IN THE SENATE YEsTERpAY,
Senator B.sli Speech On the QusIiIOn' Arising
Out Of the Disability or Removal Of the Pres
idsnt-ThS DInsultiM Ia the Wy Of
InfOrsISE the Present LaH.

WASHINGTON, December l4-At the clos
Of the morning business the subject o
Presidential succession was brought VI
and Mr., Beck addressed the Senate to illus
trate the urgency for legislative action, He
spoke Of the serious difficulties and confu
sion likely to arise from the enforcement
Of the act OF March, 1892, giving the line
Of succession to the President Of the SEN
ate, or II there is none to the Speaker ol
the House in the contingency therein pro-
vided for, and referred TO many instances
in which, II any such contingency had
arisen, these difficulties would have been
illustrated, He said that while the word
'officer" in the clause Of the Constitution
enforcing the legislature to declare what
''ofticer" shall act as provisional successor
has been held to mean "ofIicer Of the
United States" The only existing proyi-
sion ofthe law on the subject at 1902 des-
ignated the officials not recognized as Off.
Gers oi the United States, The Senate
decided In l70S, in the Blount impeach.
ment, that Senator was not civil officer
Of the United States within the impeach,
ing clause Of the Constitution, and this de-
cision has been followed, and there were
many practical difficulties In the way OF
the execution OF the law.
The Speaker OF the House, ordinarily,
has no official existence for nine months
in every alternate year, and the President
OF the Senate may have no official exist
ence ut the same time Us had repeatedly
occurred, and, as was the fact when the
assassination OF President Garfield took
place. In the life OF the Vice President the
office Of President pro tenn. OF the Senate
does not exist except In the absence ol the
Vice President, upon whose reappearance
the President pro tenn becomes tIlRctus o0icio.
The power given Congress provides for
SUGGESTIONS, being the power TO designate
the officer already existing, the latter must
continue to hold the office, the possession
Of which qualities him for the designation
Of acting President Of the United States,
Thus the Speaker Of the House or the Pres.
dent OF the Senate, who Is the acting
President OF the United States, would
WELD both the legislative and executive
power OF the Government, as he would take
part in the legislation and up.
pend or withhold the Executive
signature to that same legislation. Fur
ther, both the President OF the Senate and
Speaker Of the House may be ineligible to
the Presidency, both by reason Of alienage
and non age. This was illustrated in the
case Of Clay In 1911, who was elected
Speaker Of the House before he was OF
Presidential age, and under the existing
law, II both the President and ViCe.Presi.
dent had died sixty days before the first
Wednesday OF the present month, twould
have been necessary TO elect new Presi:
dent, who would be sworn In on the 4th Of
March next, in the middle Of the term oil
Congress, and II he was to serve four years
his term would expire In the middle Of the
long Congressional term. The introduc.
ton OF O new Cabinet and new machinery
In the middle OF Congress would disorgan.
ize all governmental departments and ought
10 be provided against Mr.. Beck regard.
cd the substance Of the bill reported by the
Judiciary Committee Of the Senate In
1855, making succession fall on
the Judges OF the Supreme Court,
as the officers who had the qualifications
required for the Presidency aud Vice Pres.
idency, bridging over the difficulty. He
denied the position taken by that commit
tee and by able lawyers that when in any
temporary disability Of the President the
Vice President succeeds and the President
cannot afterwards resume his place. II
President Lincoln had been captured by
the Confcderates 1t would have been neces.
sary for Mr.. Hamlin 10 sign as President,
legislation passed 10 raise men and money
to carry on the war, but the declaration by
Mr.. Hamlin that he intended to act for the
remainder oil the term would have caused
revolution In the North. Mr.. Beck was op.
posed TO Mr.. Garland's bill resting sue.
cesSion In the Cabinet officers, because In
the event OF the removal Of the President
the Cabinet might not only be implicated
with the President, but might be shown to
have advised the ofTense for which he isre.
moved. Then, too, the Cabinet member
may not possess the requisite qualifications
for the Presidency In age and nativity. He
then quoted from an interesting letter by
the official Senate reporter, d. i. Murphy,
In response 10 one from himself, giving q
record Of the insertion Of clauses Of the
Constitution and legislation on the subject.
MrMaxey followed Mi. Beck, holding THAT
the Yice.pfesident does not become Presi.
dent, nor entitled 10 take the oatll as such
pending the inability or disability Of the
President; but discharges the powers and
duties Of the Office by virtue OF his Office as
vice.President, pending the disability, and
no longer
Mr.. Anthony followed In the elucidatlon
Of the practical difficulties in the way Of
the enforcement Of the act Of 1902, and the
necessity Of a remedy therefore.
Mr.. Garland obtained the floor, when
the Senate went into Executive Session.