The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-01-09
FORTY-SEVENTH CONGRESS-.
The Presidential Succession Bill Con
sidered by the Senate.
After a Lengthy Discussion, Eliciting a
Great Divergence of Opinion, Ad-
journment Had Without Action.
THE SENATE.


Resumption of Discussion of the Presiden-
tiaI Succession Bill.
WASHINGTON, Jan. S.-Mr. Pendleton pre-
sented a memorial of Cincinnati merchants
against the passage of national bankrupt law.
Mr.. Hoar questioned the date OF the petition.
Mr.. Pendleton said that he received it from
gentlemen incapable Of palming off an old petit
ton as anew one.
Mr.. Van Wyck introduced a bill to repeal so
mUch or the law of August last as provided for
the establishment of post routes from Niabrara
to DeadwoOd and from Chamberlain to Rapid
City, anu, in connection Herewith offered and
asked immediate consideration OF resolution
directing the Postmaster-gen to suspend the
approva! OF contracts for mail service on these
routes ultil the bill was disposed of.
Mr. EdmunGs preferred that it lie over, and ft
was ordered printed.
A bill to prohibit the use of capital for other
than legitimate purposes passed.
AT the close of the morning hour o bill to
afford relief to Congress and the departments
in investigating claims, came up as unfinished
MIR. Brown addressed the Senate until 2
O'clock when the consideration of the presi-
dental succession bill resumed.
Mr.. Beck said he would not occupy any time
upon this bill but for the fact that since he spoke
on the Subject IN 1881 his views had somewhat
changed. Then he was inclined to think that
the chief Justice Of the Supreme Court the
Httest successor TO the powers of the presidency
IN the contingency contemp ated but now ne
preferred the scheme presented in the pending
Dill deYoivlng those powers, first, upon the Sec
rotary OF State, and so on down through
the cabinet There were serious objections
to taking a successor to the Presidents powers
from judicial branch OF government and also
10 taking him from the presidency of the Senate.
Ihe President pro TEN. of the Senate might be
torclgH-horn citizen, and there might arise other
constitutional difficulties from his succession.
Would il be proper for him. acting as President,
to send nominations to the Senate, and then vote
as senator for their contirmation2 If lie could
not vote as a senator, could the State in part
represented by him be deprived of it's constitu-
tlonal right of representation in the Senatel
These and other difficulties were avoided by
TINS bill The objections that would apply to
the succession of tine Chlef Justice or President
pro TEN. of the Senate would not apply to that of
the Secretary of State; or at least 1t would be in
the power of the Senate, in voting on his confir-
nation, to see that they should not. This might
prove embarrassing to him (Beck), or other for
eign-born Senators or citizens, who might at
state; but tins was too small IA
consideration to be noticed in dealing with this
great subject. The time for the settlement or
the question this session was now very short,
and for these and other reasons (which he
stated) he would vote for the bill and against
MIR. Edmunds' motion TO recommit
Mr., Dawes approved heartily the bill except
one feature, the provision that the acting presi-
dency should continue TO the end of the regular
term.
MIR Sherman thought the question of presiden-
tlal succession u very important, but not very
difficult one. The important point was to pro-
vide definitely by law that, in any contingency
that might arise, there snoulu be some officer
designated to discharge the duties of the office.
Who that officer should be was u question of less
moment, and he constitutional
objection to the designation of the Presi-
dent of the Senate or the Speaker of the House
to perform the duties temporarily, But grave
doubts We're entertained whether these
'.Ofticers." within the meaning of the cOnstltu-
tionu provision authorizing Congress to declare
who shall act as President in case of a removal
by death, resignation, or inability of the Presi-
dent or Vice-prt sident, and there We're other OBJ
jectiOns to the law of 1892, all of which would
kn avoided by the banding hill.
Mr. ingalls, thought the bill defective both in
its provisions and omissions. Did ATTY senator
10Th of September, 1881, President Garfield
was, in the language of the constitution, 'una-
BILE to discharge the powers and duties'' of the
presidential office? The secrets of that chamber
of agony and death wOnld never be disclosed:
the illustTious patient was sequestered aud I'M
INJURED III a seclusiOn almost voiceless as the
grave, but no one who familiar with such
facts as were permitted to escape doubted that
the President was during that period as
unable to discharge the duties of his office he
was after he was laid in his grave The ''nabil-
tty" contemplated by the constitution did in
fact exist, and there fore, by the constitution,
the powers and duties of his Office devOlved
upon the Vice-president from that I'd of July.
Why them did he not exercise them3 The real
reason was, there was no tribunal authorized
to ascertain and declare the fact of inability.
That question could not be left to the Vice-pres-
ident, and he could Dot assume to determine it
for evident reasons; so, for eighty
days there was a suspension of the executive
powers OF this government as absolute as il
Hreeluont Ofarlelu hau ultu on tndb "a OF july
and his death had been concealed until the 10Th
of September. The pending bill fatally de
feotive in not providing some method for ascer-
tanning the fact OF presidential inability
Mr.. Hoar said the reason the bill contained
provision Tor ascertaining the fact of "inabil-
iry'' was that there was not time enough to get
an agreement upon that question, so the com
mttee thought it better to leave it to be dealt
with in a separate bill
Mr.. Ingalls, (cOntinuiug) said rather than have
the presidential term extended to eight years,
he would prefer to have an election every year
The safety of our free institutions depends upon
these frequent returns to the people, the source
of all legitimate power.
Mr.. Anthony moved TO go into executive SEES
sion. Lpst-yeas 21, nays 50
Mr.. EdmundS spoke in favor of his motion to
recOmmlt the bill He said the question between
this bill and the plan proposed in his motion to
recOmmit was really question whether, In u
great emergency, the powers and duties of the
presidency should be entrusted to an officer or
officers elected by the people, or to a sort of
quasi hereditary successor, among six or seven
gentlemen appointed to perform the functions of
heads of departments The hill might be
amended and improved but in its present
shape it was open many objections, and
culties, and invite more contests in emergency
than would result from letting the matter stand
as it was, without any additional legislation;
Aside from all questions of detail, the great
fundamental principle was that in an emergency
the executive power OF the government would
be safer in the hands of representatives, and of
the people than where this bill proposed to nut
il. Senators ought not 10 forget that from 776
to 1859 this country was governed by a Con-
eress consisting of "A siugle body without presi-
the most trying struggle that any civilized PEG
pie ever had undergone. without reaching a
vote, the Senate adjourned.