Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-20
FURrY.sEvENrH CONGRESS.


At Il %, the Senate vent INTO executive
session.
In executive session, Edmunds, in behalf
Of the judiciary committee reported back the
nomination of Brewster As encouragement,
whereupon is was confirmed unanimously. The
Senate unanimously confirmed the nomina-
ton of ]. c. Bancroft Davis to be assistant
secretary of State.
Additional bills were introduced by Hoar,
to fix day for the meeting of the electors
for President and Vice President; to provide
for and regulate the counting of votes for the
same, and decision of the questions arising
thereon. The bill is identical with that in
troduced By Senator Edmunds in the last
Congress.
At l2 s. the doors were reopened. Maxcy.
from the committee on pOstofices, reported q
bill regarding the railway mail service. Sher-
man introduced bill to facilitate the deeis-
sion of controverted questions in custom rev
enue cases. Referred to the committee on
finances.
Hoar's resolution for q special committee
rights Of women, was laid over without action
upon the expiration of the morning hour.
The House concurred in the resolution for
adjournment over the holidays, was referred
A bill was passed providing that when legal
holiday falls on Sunday. the next day shall be
tine legal holiday, and that bank paper ma
turing that day shall be regarded as falling
due on the day previous. The bill applies
only to the District Of Columbia,
At l.25, the unfinished business; the reso-
buttons Of Messrs. Beck and Maxcy, and the
bill of Mr.. Garland, in relation to the Presi-
Dental succession, were taken up. Jones OF
Florida resumed his argument.
Jones affirmed that under the constitution.
the Office of President, in case OF his inabil-
ity, involves upon the Vice President, the
same as in the case of DEATH resignation, or
removal That when the Office devolves
nothing is left to the former incumbent but
the title Of ex-President. The constitution
having in express terms declared the office
shall devolve. and made no provision for its
return to the former President, and there
cannot be two Presidents; the conclusion 10
unanswe cradle that the Vice President holds
the office.
Bayard suggested the case of a temporary
inability of the President, caused by physical
illness, and asked Jones whether he denied
the right of the President under the existing
law to resume his office
Jones replied that it his opinion under the
constitution that there was no such thing as
a temporary inability. There was nothing
in the constitution to show it and he thought
it would be unfortunate if there were. He
asserted emphatically that when once the
Vice President entered the Presidential office,
in case of such grave inability as to justify
that step, he holds it rrevocably for the bal
ance of the term. He denies the power Of
Congress to legislate upon this subject, or to
define inability BY declaratory state. To
declare what the law is, and has been, is q
judicial power; to declare what it shall be is
a legislative power.
A.
in power. has the right under the constitution
to decide all questions touching the extent of
his own authority, and he would have right
against any authority of Congress to hold
that title derived through inability. gave
him the power for four years. Who is to dis
pute his judgement once he is in power !?
Neither the Supreme Court nor Congress can
reach him. He might be impeached. but
with the executive power in his hands he
might defy and defeat his impeachers.
He (Jones) would admit that in the present
| state of opinion on this subject. the organic
law ought to be changed so that every man
in the United States, high and low, may point
with unerring certainty to the rights, powers,
and duties of the Vice President when called
to the Presidential office.
Concerning Mr.. Beck's resolution tgiying
stability to the office of President pro tenn. of
the Senate) he said. the presiding officer of
the Senate ought not to be subject to removal
at the will of the majority of the Senate; con-
stitution never intended it, and policy, wis.,
dom, and dignity forbid it. The constitution
gives the Senate the power to fill the vacancy
opened BY the Vice President entering the
Presidential office-this and nothing more
The power to fill vacancy has never been
held to give the right to create one.
Pending resolutions of instruction to the
Judiciary committee to inquire and report
legislation on the subject. with the bill of
Garland were referred to that committee.
A communication relating to the seizure Of
Vincengo Rebello, an Italian in the city of
New Orleans, referred to the judiciary COM
mittee.
When the doors were re-opened the House
resolution for an adjournment from Wednes-
day until Jan. 9Th, was favorsbly reported
without amendment.
Adjourned.
The reading of the journal, Friday last,
was disposed with. The Senate bill granting
ranking privilege to Lucretia X. Garfield,
was taken from the speakers table and pass
ed. Several bills we're introduced
and referred, including one by Rich
ardson Of South Carolina, to apply the pro-
ceeds of the sale of public lands to the edu-
cation of the people. Mr. Question of Wis
consin. took the oath today, and his seat as
member.
A resolution was submitted requesting the
President to solicit from the British gov
eminent, list Of the names of all American
citizens under arrest or confined in British
prisons. by authority of said government,
with statement of the causes therefore. Also
one to provide for drawback of 10 per cent
on all goods hereafter imported in American
built ships.
The Senate bill providing that in the Dis
trct o. Columbia. when a legal holiday falls
on Sunday, it shall be observed on tho fol-
lowing Monday.
Resolution re-enacting the rules of 10th
Congress was adopted.
Hawk of Illinois, introduced bill for the
protection of the person of the President of
the United States. 1t provides for the pun
ishment by death of assault with intent to kill
the President of the United States. If it
shall be shown that the assailant was irres-
ponsible at the time of the assault, he shall
be confined in an insane asylum for life.
A number of bills including a resolution
for the final adjournment of Congress on the
LIST Of May. 1882, were introduced.
The bills introduced today numbered FIVE
hundred and ninety