Savannah morning news. [volume] (Savannah) 1868-1887, 1881-12-22

4 Question that should be Settled.
AS the country grows older it seems
that obscurities and defects-real and
imaginary-in the Constitution Of the
United States constantly become more
and more apparent, and even many
points of that instrument which have,
from the very foundation of the govern
ment, been always regarded as per-
fectly clear and definitely settled
beyond cavil or dispute, are, when
ever called in question, made the
subjects of interminable discussion, and
fruitful causes of hair splitting. For in
stance, it was never imagined, before the
Republicans came into power, and
evinced a determination to retain their
hold of the reins of government through
the media of far fetched technicalities
and plays upon words, that there could be
any difficulty regarding proper under
standing of the provisions settled upon by
the founders of our system of organic
law concerning the msnner in which the
electoral votes of the various States for
President and Vice President should be
counted. So it was never a source of
uneasiness as to upon whom the duties
of President of the United States should
devOlve in case of the death, resignation
Of disability of the incumbent of that
office, until Garfield's prolonged illness
brought the matter to the attention of the
country.
This very important question is at this
time puzzling the minds and brains of
the statesmen who represent the various
States in the Senate of the United States,
and they have succeeded in weaving
around it network of COM
plications which public interest de
mands should be speedily unraveled.
The Constitution seems to be explicit
enough on this subject. 1t declares that
in case the Presidential office shall be
made vacant, from any cause, the duties
thereof shall devolve upon the Vice
President, and that, lin case of the
removal, death, resignation or inability
both of the President and Vice President,
Congress shall have power to declare
what officer shall then act as President,
and such officer shall act accordingly
until the disability be removed or a
President elected"
In accordance with the authority thus
plainly vested in Congress, that body, as
far back as 1892, passed an act directing
that the President of the United States
Senate shall succeed to the Presidency
next to the Vice President, and if, from
any peculiar chain of circumstances. there
he, at the time, no President of the Senate,
the Speaker of the House shall be the
next in succession. 1t seems, however,
hat even a law evidently so plain, and
founded upon such express authority as
is this, and notwithstanding it has been
acquiesced in for nearly hundred years,
can not stand out freed from Obscurity
aud doubtfulness, when scrutinized by
the light of modern progress and latter
day technicalities. Ii is now contended
that this law is unconstitutional, that
the term ''Officcr" used by the Constitu
ton, as above quoted. means an officer
of the United States, and that as neither
rEa Of hn hn
Speaker of the House are Federal Off
GERS, in the usual acceptatiOn of the
term, they can not, cOnstitutiOnally, be
come acting President under any cOntin-
gency.
We cannot help from looking upon
this objection as rather far-fetched and
frivolous, even though it has been raised
by d Democrat, and a well recognized
master mind in the United States Senate.
When a Senator has been chosen to pre-
side over the Higher House of the United
States Congress he does not lose his char
acter of Senator, it is true, but he is
called upon to perform the main duties
of Vice President of the United States
during the absence of the latter from his
post, and he, to all intents and purposes,
stands in the shoes of that official. This
being undoubtedly so, then it is difficult
to see what objection there can be in
Congress delegating TO HMM accord
ance with tine duties expressly imposed
upon it by the ConstitutiOn-the power
to enjoy the privileges of the Vice Presi-
dent when that officer, having been pro
NOTED to the Presidency, has, from any
cause, been removed from his exalted
position.
Perhaps, however, it is best that these
objections have been urged to the law of
1872, so that they can now be finally re
moved, for there is no question which
can be raised that is more vitality impOr-
tant to the country, and more impera-
lively necessary to be settled than is
this One thing is very certain.
Congress clearly has the power to set
tie it, permanently aud irrevocably,
and it is to be hoped that the present
session will not be permitted to come to
d close until some final provision regard
ing it is made, even if an amendment to
the Constitution be required