The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-18
Continuation of the Debate on the Subject,
with Speeches by Kelley and Randall, the
Latter Making an Earnest Appeal.
THE SENATE.
Discussion Of Dakota Matters-Passage OF the
Presidential Succession Bill.

President and Vice -president, and to provide for
and regulate the counting of the vote for Presi-
dent and Vice-president, and the decision of ques-
tons arising therefrom.
Mr. Hoar said he would call up the bill for &C
ton Immediately after the disposal of the presi-
Dental succession bill and the bill fixing the sal
airy of the United States district judges. The
bill went to the calendar.
The Chair laid before the Senate the resolution
of Mr.. Butler calling for committee :" inquire
as to the alleged organization OF the Territory
of Dakota into State, and the allie, ID election
of United States senator's
Mr.. Harrison did not think a committee neces-
sary for that purpose The efforts of Dakota,
he said, were perfectly respectful to the United
States. It's new Constitution fully recognized
the authority of the United States, and stayed
the hand of the new State organization until the
new Constitution should be approved by Con-
gress For six years the people of Dakota had
been trying to secure action by Congress looking
to their admission; the Senate had passed a bill
for their relief, but the bill had not passed the
other house.
Mr. Butler inquired by what authority United
States senators had been elected in Dakota.
Mr.. Harrison replied that he could show that
senators had heretofore been elected under pre-
cisely similar circumstances. Dakota had the
mia and Michigan had proceeded.
Mr.. Butler remarked that if the proceeding in
Dakota was regular and proper no one would
more quickly recognize the fact than himself
He had offered the resolution for the purpose of
ascertaining the facts. He thought the senator
from Indiana had been working himself into
passion unnecessarily.
Mr.. Harrison replied that he was not in pas
sion. 1.-THE senator" said he, has never seen
me in passion. or he would be able to discrim-
mate" Laughter Mr. Harrison briefly
viewed the history of the question of the admis-
sion of Territories and said that the Democrats
at any rate, ought not to question the propriety
of the action of Dakota.
Mr.. Butler said that no question of politics was
involved.
Mr.. Harrison was glad that Mr.. Butler took
so statesmanlike view of the subject
Mr.. Butler inquired whether Mr.. Harrison
would sustain action by the Territory Of Utah
similar to the recent action of Dakota.
Mr.. Harrison replied that he would: but re-
served to Congress the power to approve or dis
approve The constitutional power was recog
nized and admitted by Dakota
Mr. Mcmillan said that Minnesota had been ad-
United to the Union without any enabling act,
and Democratic senators had always been ready
to take their seats Immediately upon the passing
of the act of admission.
After further bate the matter went over till
to morrow.
The presidential succession bill was taken up
and Mr.. Evarts addressed the Senate on it. He
said that the succession provided by this meas
Is not only entirely constitutional, but is the
only possible constitutional exercise of the very
limited power that is accorded by the Constitu-
tion to Congress. There are two propositions
which. think, ali students of the Constitution
will admit without question. One is, that in the
framing of the office of President and its origin
of authority from the direct action of the people,
in o channel marked out by the Constitution,
the purpose plainly expressed, and writ ten all
over the Constitution in this very matter, is that
Congress shall not participate either substantial
iy or Enthusiastically, in the election of Presi-
dent of the United States. Then, think. it will
be found generally impressed on the Constitu-
ton, would say imbedded in the Constitution,
that periodicity. and accommodative and adjust
ed periodioity. in all the action of the great de-
partments of the government, except the
judicial is not to be treated as circumstantial
or only of convenience and proprety, but that
it enters into the very scheme by which the
election of the President by the people is effected,
without the al and without the control, and
Fithout the regulation by Congress possible. and
That 1t carries with it that the presidency is to
come into the scheme OF elections under this ar
rangement of periodicity with the concurrent
and attendant action of the people on the other
branches of government | believe it is essen.
TALLY in the plan of the trainers. believe it is
Embedded firmly in the provisions of the Consti-
sutton that duly elected President, as he is
fixed upon periodcity of four years, is TO come
into power and assume the reips Of government,
of the lower house of Congress. l believe,
therefore, that in the inference from the mere
nomination of the period of duration is not to be
found the essential idea for the presidency or
for the lower house of Congress" MIR.
Evarts asserted that the trainers of the
Constitution did not leave it to Congress to deter
mine, in the face of an exigeucy, that they would
provide for the question of whether there should
be an election or not He cited and analysed
various clauses OF the Constitution, AID argued
that nowhere III the Constitution could traces be
FOUND OF an intention on the part of its trainers
TO vest in Congress any authority in the premi-
seS. de suggested that if legislators and con-
stitutional lawyers would submissively and care
fully weigh what was in tina minds of the men
who framed the Constitution. there would be
less loose discussion OF what was in it. He in
sisted that the Constitution merely authorized
Congress TO declare what officers should fill the
presidential Office in the emergency contem-
plated That word officer meant an officer of
the United States 1t conld not mean State
officer. Senators ana representatives in Con-
gress could never be officers of the
United States. hence they We're shut out
from the succession. Would the trainers
or the Constitution-men so circumspect and
eagacous-haye left such loophole to the presi-
1dency as that senator's could vacate IL them
selves-as for example, by impeachment-and
then ill it themselves Then what would sena.
tors do with the decision-a sound constitutional
decision, In Mr.. Evartss belief-that neither a
senator nor member of the House came within
the impeachment clauses of the Constitution?
The President and Vice president were named as
liable to impeachment, and both of them were
officers. The only persons declared open to i'm
parchment were the President and Vice-pr
dent, and all civil officers. If senator should
become President. therefore. he would not come
within the impeachment clause. To Mr. Eyarts's
mind no one could, under our Constitution
properly support the deposit of the presidential