The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-08
FORTY-SEVENTH CONGRESS-.
The Presidential Succession Bill I'm
der Discussion.
Mr. Lapham Defines One of the Most I'M
portant Powers of President.
THE SENATE.
After Executive Session the Senate Ad-
iourns Till Monday.

jOurns Till Monday
WASHINGTON, Jan. 6.-Mr. Slater, of Oregon,
presented the memorial of the Astoria Board Of
Trade for an appropriation to improve the en-
trance to the Columbia river.
Petitions were also presented by Messrs. Blair
and Cameron, of Wisconsin, for a constitutional
amendment prohibiting the sale of intoxicating
liquors.
Mr.. Morgan, from the committee on public
lands, reported with amendments the bill grant
ing the right of way to the Rome & Decatur rail-
road through the public lands of Alabama.
On Mr.. Garland's motion the bill passed fixing
the terms of United States District and Circuit
Courts in the eastern and northern districts of
Texas.
On motion of Mr.. Beck, the House bill passed,
permitting the expectation of tobacco, snuff and
cigars In bond, tree of tax, to adjacent foreign
territories.
The Senate resumed consideration of the bill to
AFFORD relief to Congress and the executive de-
parUments in the investigation of claims and de-
nands against the government, which dis
cussed TILL O'Clock, when the presidential sue
cesslon bill came up and Mr.. MaXey addressed
the Senate.
Mr. Maxey said: We ought not to go the legis-
iatlve department, or TO the Judicial department,
for successors to the presidential office in the
cases contemplated by this BILL and the plan
proposed of taking them from the executive de-
partments of tine government was clearly the
best that could be adopted.
MI hdpudIu Salu UulS Dill opened up UUe WuOl6
question of succession IN the discharge of the
duties of the presidential office, and it
fortunate that the subject could now be dis
cussed free from the excitement and embar-
easements which surrounded it at the time
OF the shooting OF President Carried
INNS IN ms ONT Laphamsl Judgment the ina
the assassin's shot had been fired, and the Vice
president would have had the right to assume
the performance of the duties and powers of the
Office at that time and the fact that he had for
borne to do so was sufficient answer to the in
tiInations made in some quarters that he had
been disposed to grasp at the powers and
emOuments of the presidency.
Mr.. Jones asked Mr.. Lapham whether the Vice
president to judge of the existence of such
an inability" on the part of the President as
office.
OF the constitution, and as matter of necessity,
the president was to be the judge i'll such
case and II, after the Inability OF President Gar
field began, necessity had arisen for issuing n
proclamation like that issued in April, 1861,
aRd the Vice-presidenJ had refused to issue 1t,
| he could have been impeached for such refusal.
Mr.. Jones could not how that could be, II
Mr.. Iapham was correct In holding that the
| Vicc-presdent was TO be the judge of when ne
| was required to assume the duties OF President.
Mr.. Lapham still insisted that the Vice-presi-
| dent was the sole judge in the case. The Vice
| president, he said, did not become President
| upon assuming the duties OF that Office but was
| still Vice-president, exercising the powers and
| duties of President He was not bound to take
any other oath than the one admlnisLe red to him
| as Vice president, and If he tMr. Laphaml had
| been in General Arthurs place he would have
declined to take any other oath.
Mr.. Hoar asked him whether, upon his theory,
| he would not feel bound also to decline to re-
ceive the salary provided by law expressly for
| "the President of the United StatesP' Laugh
! ter.
Mr.. Lapham said yes, he would have drawn
| the salary and given it to Mrs. Garfield if the
American people had not provided for her so
| generously. But he did not think this question
| could have been asked seriously.
Mr.. Hoar insisted it was.
| Mr.. Lapham replied that though the Office of
| President did not devove upon the Vice-presi-
dent, "the powers and duties" of the office did
and he knew of no more important "pOwer' at
| tached to the office than the power to draw the
| salary. LAUGHTER
Mr. Jones asked what was left with the Presi-
| dent when the powers and duties of the Office
| had devolved upon the Vice PRESIDENT
Mr.. Lapham said If the President was dead.
| certainly not much remained with him. but il he
was simply laboring under an inability to per-
| form his duties, the Office itself renamed with
| him, and he might afterward resume the per
| Torrance of its duties.
Mr.. Jones-The constitution does not provide
| for that.
Mr. Lapham-The constitution does not pro.
| vide against it, either.
| Mr.. Morrill, introduced JOINT resolution pro-
| viding for the termination OF the Hawaiian reel
| prOcity treaty. Tabled till Monday.
After executive session the Senate ad-
jOurned.