National Republican., 1883-01-10
Keen Near The source OF Power,

In the debate on the presidential succession
bill in the senate it has been objected that
the law now in existence calls upon the legis-
lative branch of the government to interfere
with the executive branch in cases of
vacancy. 1t was also objected that the prpsi-
dent pro tem of the senate would be cnti
tied to a scat in that body after he became
acting president, for in no other way could
his state enjoy the right of equal representa-
tion in the senate. 1t was urged that it
might happen that an ac ing president would
vote on the confirmation of his own nomina-
tion.
As to the first objection, IL seems to be
rather fancy than fact that the executive,
legislative and judicial department of this
government are independent of each other.
The executive cannot make an appointment
without the consent of the upper branch of
the legislature, and, on the other hand it re-
quircs one-sixth more votes of each branch of
the legislative department to make law
without than with the approval of the eX-
ecutive. The vice-president, whose sue
ccssion to the presidency in case of
the death or inability of the president
Is, by the constitution, placed beyond con-
gressional interference has no other duties to
perform during the Presidents lifetime and
ability TO act than to preside in the senate
and give the deciding vote in cases of equal
division. The supreme court is no more in
dependent the other departments than they
are of each other. The number of its men,
bers, its jurisdiction in some respects, and the
times of its meeting are subject to legislative
control. 'ln turn, 1t may play havoc with the
| legislature by deciding Unconstitutional and
void acts of congress approved by the cxecu-
tive. In view of these indisputable truths
concerning the mixed powers of the several
branches of the government, how can the
naming of the executive succession by the
legislative representatives of the people or OF
the states give shock to our system or to
any principle upon which it is founded?
The second objcction-that n president pre-
tenn, acting as president, might continue to
act as n senator and thus vote on his own
nomination. OF equal force as against the
constitutional provision which puts the vice
! president in the line of succession. If 9
president pro tenn, acting as president, could
could also preside in the senate, then vice
president could do the same. Why not? Il
il is answered that in tho former case the
state would otherwise loso its rep
resentatvo in the senate, then to that
1t might be replied that in the latter case
the right Of The states Oad people to hare heil
chosen representative iR the chair Of The senate
wik his casting roie, is of full as much i'm
portance as that any state should have its two
senators. If there is anything in such an ar
gument its logical result would be to make Il
the duty of President ARTHUR to act also u,
vice president, and to preside in the senate al
least as often as an equal division il
that body made casting vote necessary
Those who are SO fearful of allowing the
legislative department of the government
a voice In the succession in cases of vacancy
ought to propose a constitutional amendment
on the subject, for it is certainly inconsistent
ject which is TOO sacred to be .sullied by thr
legislative touch.
The people can best speak through thci
representatives. 1t is drifting away from re
publican representative government to con
tend that presidents cabinet minister anC
iavorite is more worthy to succeed him il
case of death than man chosen by eithe
branch Of the peoples representatives,