New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-12-18
PRESIDENTIAL SUCCESSION.
MIR. HoAR's BILL PASSES THE SENATE
MR.. rpMuNpss AMENDMENT VOTED Do~N-A

mat he would not have addressed the Senate on the
subject under consideration had he not heretofore hau
OCCASION professionally, to make thorough c1ainina-
OF the constitutional provisions involved lie cone
tinued
re succession provided by this measure is not only
entirely consttutons-which is admitted on all sides
believe-but tho only possible constitutional exercise
OF the very limited power that Is accorded by the Con-
stituton to Congress. There two propositions
which think all students of Tie Consultation Will ad-
init without question that III the framing Of the
Office OF President aad its origin OF authority from the
direct action Of the people, in channel
marked out 10y the Constitution. the purposes
plainly expressed and written all over ihe
Constitution this very matter is that Congress SHAH
not participate either substantially or circust"Hu"y
I'm the election of President of the United states 1he
think 1t will he found generally impressed on the No"-
stitution-I would say mbedded III the Constitution
that periodcity-an accomcdatiYe and aVuseu PoIIoI
cltyn all the action of the great departments OF Tue
Government except the judicial is MOI TO Dc uea'eu
as circumstantial or only OF convenience anu
rropriety but that it enters into tho Nel!
scheme by which the election OF President 10y e people
is effected without the aid and without the control and
without the regulation by Congress possible ana that
carries with that the Presidency to come mo the
scheme of elections under this arrangement OF PERIOD
clty with the and attendant action OF the
people on the other branches Of Government DeeFe
it is essentially i'll the plan Of the trainers oil the OoS
fuoI- believe il is impressed firmly IN the provisions
q
is liked upon peTOdicity Of four years IS 10 come Alo
mower and assume rcins OF government with con-
currence of peuodcity in the election OF Inc lower
House OF Congress.
81 believe therefore, that in the Inference from the
mere nomination OF the period of duration is not to be
found the idea for the Presidency or Tor the
Iower House Of Congress II Is I'm this whole frame OF
Government when it is launched into action and be-
comes the operative Government OF the people OF the
United States 1t understood by the trainers ana
was to be written in the provisions Of the Constitution
that after this Government was launched
and the initial date Of this periodicity
was fixed, it predetermined that
it was not to disturbed and that this synchrOnsm OF
the action of the electors for President and voters Tor
members House OF Representatives was not 10 be
disturbed But is said that if all that DC 50 III purpose
and effect. and the gravity and Importance OF that au
iustment cannot be disparag edand has not been dis
paragedyet there is connection IN present. III
the Constitution IN erms upon the actual Calendar as
established by our working system
is that the Constitution Of the United states
as originally framed, and under which the government
WIS SET in motion, does refer to March or any
period as the step in the periodical rotation But
ever the adoption OF the twelfth amendment OF
the Constitution the 4th Of March appears as one OF the
dates fixed the Constitution that cannot lie changed
in the manner which that relates however much you
may dyersify the periods of election, otherwise this
twelfth amendment provides that the time aud oppor-
tunity the House OF representatives to intervene III
the uucture prescribed for the election of President
is limited and determined by the succeeding 4th OF
March The alternative presented by failure OF the
electoral colleges present Presidents devolved then
as we all know Oh particular framework Of the action
of thai body. upon the House OF Representatives, II
that function is observed and executed within
certain limit. in eectng President Of the United
States then alternative for the action Of tho
Senate but not before that failure. II eau elect Pres
ident-a Vice-President-and thus provide Successor
ms regards the Presidency. And the House o. Repre-
senatiyes shall not choose President whenever Inc
right of choice shall devove upon it before the An
day OF March following, then the Nicc-PreSident
shall act President IL the case OF the death OF o'heI
constitutional inability Of the President
There is. therefore, under THIS pero1city lat nave
wer Of he House Of Represcntatiyos aud line
within which the senate shall act TINS pen0llclIy rs
fixed Tor the Attn OF March, ana We ea.enoaI Do
disturbed by this new election OF PRESIDENT lheh teIe
may interval when the House VIII have; ior "a
much longer period than is contemplated Tor thc ar
raulement of this Government as hAed III lAc Cosutu-
tion It's option Of choosing, or not choosing IIesi
dent; and the senate Will be eII al I'm tr
dctermiuae fOrm-lOr a very cOhsluclaoe ,tlhe, 10!
that can take the place until this period whh WAch me
action Of the House Of Representatives. possible shI
have EXPIRED. NOwt is true that the mlcIpItto 81 lhIs
9t ibe nrroJ of election Ina, met win some degree
- difficulty, but the argument is that the Constitution
chose It, and did not leave IL to Congress 10 dc
trrr,oe whether there should be an accommodation 10
the Constitution dd not !cdVe 70 congress 10 Nclel
minc face Of an eXleency, that they would pro
vide fortLe question OF whether there should be an
XII Eyarts. in support ofhis contention cited and
auaiyzcd various clauses OF the Constitution and argued
INT nowhere the Constitution could traces be found
OF intention Oh the part OF us trainers 10 vest IN COh
gress any authority IN the premises lie suggested that
syey and carefully weigh what in the minds Of the
patriotic who framed the Constitution, there Would
liz insisted that the Constitution merely anthon4ed
Congress to declare what officer should nl inc FIeSile
TIA. Office in the emergency contemplated That WORD
"otcer" meant officer OF the United states IL cOAId
not mean State officer Senators and Ryprese natives
In Gan -rpSS net
hence they shut out from the succession would
tie trainers of the Constituuou-men 50 cncumspcct
and sagaciOus-have LEI; such lOOphOlc TO the PIesl-
dency that Senators could Vacate II henselVes-as
for example, by lmpeachmeLt-and then III " lheiL-
selves Then what would Senators 90 with the decision
sound constitutional decision In Mr. EvaTs's belief
that neither senator nor member Oh lhe liouse C"e
within the Impeachment clauses OF the Constitution
The President Nicc-Pcesilent were named as liable
10 Impeachment ana Dclh oI lHel! VIZ 49,, ~
but 0dUSTiq, and 20 guard against INC
notion that they would be included IN The mass Of
under the Constitution were the President and wee
come Precedent there fore he would within The
Impeachment clause. 70 Nj. Eyarss mind no one could
the Presidential power in any officer OF the Senate only
not OF the United states. or in any officer OF me
House OF Representatives only and 10. OF the United
States. within the meaning OF the Constitution.
Mr. Eyartss remarks occupied about an hOur IN the
delivery and listened to with The utmost attention.
both on the floor OF the senate ana III the galleries.
Mr. Edmunds agreed with Mr.. Evarts in admiration Of
the who framed the institution. but differed w6i
him as to their intention ana lhclr execution OF nSt
intention so far as related to the powers ana fuhcohs
Congress in the emergency under discussion As he
read the Constitution II declared in plain language that
al every step in the election President and VICE resi-
dent after The states had acted, Congress was called on
as factor in the great DRAMA The early Congresses
had in them members of the con uiutoua convention,
fau lar with tendency and spirit ana later Of the
new governmental Schcme-in the ught oi Iner recent
expcrence and dscussOnsand those men, proc edlug
deberately first session and then H. another with
eYrrl the aspects OF the question suggested by inc
learned and dsung ulSned Senator from Ne"1"k DcIOic
thor declared Congress had the power under the
Cou.lnti only to provide that me PRESIDENT OF
TIE senate aud the speaker Othe House sAoud carry on
The Government until election should be hcld, but
also provided that new election shonld DC hdu III
Iuetl4t,iy. And 10 man had questioned III.
Coait suppose that our fathers, VINO were so wise
IN H. ming the CONSTITUTIONS became dull ana ignorant
moment they came TO execute II Idd lhty COM
pctey exhausted their intellect aud patriotism III lrau-
ng instrument, that they bad not the calaciy 10
understand Ii suggest as that time, as had been
sng to-day, that ne President Of the ehatc and