National Republican., 1883-01-08

+.
Mr.. Cockrell would quiet the anxiety OF the
senator from Maine (Nlr. Frye) on account of
the democratic party in connection with this
matter That senator seemed to have miscOn-
ceived the purpose of the fourth section of
the bill The court ought to he authorized to
inquire into all the facts, including the fact
of loyalty. He (dr. Garand) could not vote
for a law which he believed to 60 right In the
teeth of the constitution and of the decision
of the supreme court in Kline's case. The
question was in no sense q party one. That
frivolous and detestable objection had been
raised when this question was practically be-
fore the supreme court; and had been over
ruled.
Mr.. Jones. Of Florida, said that congress- as
the legislative department of the government,
would, of course, exercise such discretion rs
IL chose in dealing with claimants; but he
thought the time had come when all the courts
of the country ought to be open to all Amcri-
can citizens
Mr.. ingalls, remarked that tho purpose of
the bill was merely to relieve congress and
the departments in dealing with claims, by
authorizing this court to ascertain and report
the facts. Tho bill really conferred no "ju-
risdiCtion " proper upon tho court, and the
third and fourth sections were an cNcrcsconce
upon the bill and ought to be strucl, out. As
TO the section permitting parties in interest to
be witnesses he thought it ought to be re-
general tendency of modern legislation upon
this subject. The bill was discussed until ,
o'clock, when the unfinished business,
THE PRESIDENTIAL SUCCESSION BILL,
came up. Tho question was on Mr.. Edmunds's
motion to send tho bill to the committee on
the judiciary, with instructions to report a
bill based on the existing law
Mr.. Maxey advocated tho bill as it had
came from the committee.
Tho 'motion of Mr.. Edmunds presented
clearly the question of choice between that
bill and the law of 1872 in its present form or
perfected" )" as proposed by the senator from
Vermont. Investigation had satisfied him
(AIr. Maxey) that these were not "oliicers"
Of the United States in tho constitutional
sense The senator from Vermont (Nr Ed
munds) favored the succession provided for
by the existing law, because it had come
down from "tho fathers" and put into prac-
tical operation regularly since their time
would certainly bo entitled to great venera-
tion; but the laws of 1892 had never gone
into effect at all, no president of the senate
or speakerof the house having been called to
perform the duties of president, and the his
tory of that law showed that it was not en-
acted as a piece of profound statesmanship,
bus that it really grew out of political differ
ences between Hamilton and jefferson. We
ought not to go to the legislative department
or to the judicial department. for successors to
the presidential Office in the cases contem-
plated by the bill, and the plan proposed by
taking them from the executive departments
of the government was clearly the best that
could be adopted
Mr.. Lapham said this bill opened up the
whole question of succession in the discharge
of the duties of the presidential Office, and it
was fortunate that the subject could now be
discussed free from the excitement and om-
barrassmcnts which surrounded at the time of
fI.,.. Il. -
stitution was defective in failing TO provide
for n successor unless tho president has been
actually removed from office, such removal
being made only by impeachment. The con-
sttution of New York was more comprchcn-
sivc in providing for tho performance of tho
duties of the governor in case of his removal
from office by death, resignation, or absence
from the state, In his CAIr Lapham's) iudg-
ment the Inability" of President Garfield
began when the assassin's shot had been fired
and the vice president would have had right
to assume tho performance of the duties and
powers of the Office ut that time, and the fact
that he had fOrbornc to do so was sufficient
answer to the intimations made in some quar-
ters that he had been disposed to grasp Mt the
powers aud emoluments of the presidency.
Mr.. Jones, of Florida, asked Mr.. Lapham
whether the vice president was to judge of
the existence of such an "inability" ON the
part of tho president as would justify him in
assuming the duties of the office.
Mr.. Lapham replied that by the express
terms of the constitution and as u matter of
necessity the vice president was to be the
judge in such case and if, after the inabil-
ity of President Garfield began, necessity
had arisen for issuinga proclamation like that
issued in April, 1861, and the vice president
had refused to issue it,, he could have been
impeached for such refusal.
Mr.. Jones could not SEQ how that could be,
1,,1l
vice president was to be the judge of when he
was required to assume the duties of prcsi-
dent
Mr.. Lapham still insisted that tho vice
president was the sole judge in such case.
The vice president he said did not become
president upon assuming tho duties of that
Office, but was still vico president exercising
the powers and duties of president. lie was
not bound to take any other oath that the one
administered to him us vice president, and if
he (NIr Lapham) had been in Mr.. Arthur's
place he would have declined to take any
other oath.
Mr.. Hoar asked him whether, upon his
theory, he would not feel bound to decline
also TO receive the salary provided by law eS-
pressly for the president of the united
States" Laughter
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 ques-
tion could have been asked seriously.
Mr.. HOar insisted that it was,
Mr.. Lapham replied that though the Office
of president did not devolve upon the vice
president, "the powers and duties" of the
Office did, and he knew of no more important
"power" attached to the Office than the
power to draw the salary. Laughter.l
Mr.. Jones asked what was left with the
president when the power and duties of the
Office had deyolved upon the vice president?
Mr.. Lapham said that If the president was
dead, certainly not much remained with him,
but if he was simply laboring under an in
ability to perform his duties, the Office itself
remained with him, and he might afterward
resume the performance of the duties
Mr. Jones. The constitution does not provide for
that
Mr.. Lapham. The constitution does not provide
against it either, Discussing the bill, Mr.. Lupham
said he favored II because he believed II provided
satisfactory solution of this question, and would
relieve the anxiety of the pubic mind in regard
the bin upon which he had any doubts was the
power OF congress 10 provide tuut the successor to
tho duties Of pre- ident should continue to per-
form those duties until the end of the regular
term; though he hud no doubt as to the wisdom
of such provision If 1t did not conflict with the
constitution
Mr.. Morrill, introduced joint resolution
providing for tho
TERMINATION or THE HAWAIIAN RECI-
PRoC1rY TREATY,
as follows:
Whereas it is provided in the reciprocity treaty
concluded Mt Washington, january 3D 1870, be.