Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-01-09


chants against the passage of the national
bankrupt law.
Mr.. Hoar questioned the date of the Pc
tition.
Mr.. Pendelton said he received 1t from a
gentleman incapable of palming OF an old
petition as new one.
Mr.. Van Wyck introduced a bill to re-
peal so much of the bill of August last as
provided for the establishment of post
routes from Niobrara to Deadwood, and
from Chamberlain to Rapid City, and in
connection Herewith offered and asked I'M
mediate consideration of a resolution di-
recting the postmaster general to suspend
approval of the contracts for mail service
on these routes until the bill is disposed
of.
Mr.. Edmunds preferred that it be laid
over end ordered printed.
The bill to prohibit the use of the capt.
toll for other than legitimate purposes
passed. -,
At the close of the morning hour the bill
to afford relief to congress and the de-
partments in investigating claims, came
up as unfinished business.
Mr.. Brown adore ssod the senate until 2
O'Clock. when consideration Of the presl-
Dental succession bill was resumed.
Mr.. Beck said he would not occupy any time
uDon this bill but for the fact that since he
smoke upon the subject in 1881 his views
had somewhat changed. Then he was in
clined to think the chief justice of the su-
preme court the fttest successor to the
bowers of the presidency in the contln-
eency contemplated, but now he preferred
the scheme in the pending bill devolving
those powers, first upon the secre-
tary of state and so on down
through the cabinet. There were
serious objections to taking
successor to the presidents powers from the
judicial branch of the government, and
also to taking him from the presidency OF
the senate. The president pro tenn.
of the senate might be a foreign-born
citizen, and there might arise constitu-
tional difficulties from his succession.
Would it be proper for him, acting as
Dresident. to send nominations to the SEN
ate and then vote as senator for their CEN
frmation? Could the state, in part repre-
scented by him, be deprived of its constltu-
tional right of representation IN
the senate? These and other difficulties
were avoided by this senate bill. The OBJ
sections that would apply to the succession
of the chief Justice or president pro TEN.
of the senate would not apply to that of
secretary of state. or at least 1t would be
in the power of the senate, IN voting
unon his confirmation to see they
should not. This might prove en-
barrassing to him Mr.. Beck, or
other foreign born senators or citizens who
might at some time aspire to be secretary
of state: but this was too small consider
alton to be noticed in dealing with this
great subject. The time for settlement OF
the question this session Is now very short,
and for these. and other reasons, which he
stated, he would vote for the bill and
against Mr.. Edmunds' motion to recon-
NIT.
Mr.. Dawes approved heartily the bill
except one feature, the provision that the
acting president should continue to the
end of the regular term.
Mr.. Sherman thought the question of
the presidential succession very Important
Int not a very difficult one. The impor-
tant point was to provide definitely by
law. that in any contingency that
might arise there should be some
officer designated to discharge the duties
of the Office. Who that officer should be Is
a question of less moment, and he saw no
constitutional objection to the designation
of the president of the senate and the
sneaker of the house to perform its duties
temporarily, but grave doubts are enter
tanned whether these Officers" within the
meaning of the constitutional provision
authorizing congress to declare who shall
act as president in case of removal,
death, resignation, or lnao1l-
ity of the president and vice
president; and there were other objections
to the law of 1892, all of which would be
avoided by the pending bill.
Mr.. ingalls, thought the bill defective,
both in its provisions and its omissions.
Did anv senator doubt that from the I'd
day of July until the 18th of September,
1881. President Garfield was, in the Ian
guage of the constitution, unable to dis
charge the powers and duties" of the pres
idential office. The secrets of that cham
Der of agony and death would never be
disclosed The illustrious patient was
sequestered and immured in a seclu-
sion almost as volceless as the
grave, but no one who was
familiar with such facts as we're permitted
to escape doubted that the president was,
during that period, as unable to discharge
the duties of his Office as he was after he
was laid in the grave. The
inability" contemplated by the constitu-
ton did in fact exist, and therefore, by
the constitution, the powers and duties OF
the office devolved upon the vice president
from that I'd day of July. Why then did
he not exercise them? The real reason
was. there was no tribunal authorized to
ascertain the fact of inability. That
question could not be left to the vice pres
ident, and he could not assume to deter
mine it for evident reasons. So for eighty
days there was a suspension of the sxecu-
tive powers of this government as absolute
as if President Garfield had died on that
ID of July and his death had been con-
cealed until the 10Th of September. The
pending bill was fatally defective in not
providing some method for ascertaining
presidential inability.
Mr.. Hoar said the reason the bill con-
tanned no provision for ascertaining the
fact of inability was, there was not time
enough to getan agreement to report that
question. So the committee thought it
better to leave it to be dealt with in a sep
arate bill.
Mr.. Ingalls,, continuing, said: Rather
than have the presidential term extend