The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1881-12-27

Abstract OF the Views er 8enaaOE
Jones On the Disability.

Abstract Of the Views er seaasor
Jones On the Disability.
Special Despatch to the world-l
WASHINGTON, December 16lh.-Mr Jones, OF
Florida, expects to resume 10 the Senate to
morrow his argument Presidential disability
which was broken of on Thursday. His view,
as has been previously stated in these dispatches
Is that the constitutional term inability" as ap-
piled to Presidential succession, can be properly
construed only in connection with the idea Of
permanencY. The case which he makes out in
support of this view is based upon the proceed
ings Of the Constitutional Convention He con-
tends that correct apprehension of the spirit Of
the Constitution can be had only by familiarity
with those proceedings and by such siudi0us
efforts as will enable discussion to proceed, not
in the light of present experience and thought
but Of that Of century ago. The fault TO be
found In bis opinion, with much of the coniem-
porary discussion Is that writers and speakers
are more apt to express views inspired by their
own conclusions Of What the Constitution should
mean than by an earnest desire to learn what
was in the minds of its framers- The proceed
ings of the constitutional Convention show that
the original draft of the Constitution contem-
plated no such oficer IS the Vice-President Il
provided that the President Of the Senate should
exercise Presidential duties in case of the Pres-
dents removal, death, resignation or inability,
and should exercise them only until another
President should be chosen. This provision was
disapproved and the special committee to which
the matter was referred reported in favor Of a
ViNn.proaiHonf hn in 81 - ~.
disability, should exercise those powers and
duties until another President be chosen or until
the inability of the President be removed" The
convention disapproved also Of this language and
in settling upon the organic law it substituted The
word devolve" for " exercise" and struck out
the clause until the disability be removed"
thus indicating, Mr.. Jones holds, their purpose
that in case of the Presidents disability the ONCE
should fall absolutely and permanently upon the
ce-President Had they intended otherwise
they would not have stricken out the saving
clause. The office Of Viee-President, moreover,
Is shown by the records to have been created
solely la provide for Presidential succession, and
with that in view the trainers of the Constiiu-
ton took care that both President and Vice
President should derive power from the same
source, in Order that The two Offices might be
of equal dignity and consideration. The theory
of the Constitution, which has been perverted in
Practice, was that at the meeting OF the Electoral
College the person having the highest number Of
voIcs should be declared President and the Vice
President should be the person having the next
highest aunibsr. Readers viii recall The trouble
threatened at the beginning Of the century BY
reason of this provision, when, Dir. Jefferson and
Dir. Burr having the same number of electoral
votes. Mr.. Burr sought to throw the election
into the House in pursuance Of scheme 10 have
himself declared President This was the be-
ginning Of the bad feeling thai eliminated 10 The
Burr Hamilton duel Mr.. Jones's resolution aims
to cnnfer on the Judiciary Committee the power
Of inquiring whether any constitutional changes
are necessary to secure stability In the once Of
President pro tspepors Of the Senate when the
Vice. President becomes President.
The World published Mr.. Jones's protest
against The removal az Mr.. Bayard from The
Presidency Of the Senate during The October So
sion. Mr.. Jnnes's speech to-mnErow. while
dealing chiefly With the main question Of Prssi-
dental succession, for which, a. explained Tie
other day, he thinks Tie constitutional omission
should be supplied BY express amendment rsti
fed by The States. win reinforce what he said al
the special session, that President pro tsmpors
Of The Senate elected under such circumstances
should Be secure 10 his ollce until the end Of The
Presidential term OF until constiinsionally dis-
qualifsd b.. reasOn Of promotion 10 he Presl-
dency or The expiallon Of bis term e Senator.