Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1828-11-22
CASUS OMISSUS.

s,ar,pd by the supporters Of Gen Jackson, that
report would be circulated of his death, in
order TO prevent his election. 10 counteract
this imagined mischief, we have been amused
with regular Caution, and also with an authen-
tic weekly bulletin Of the Hero's health. This
association Of the life Of the General with the
result Of the election, put me upon examination,
in what hammer that event might be affected oy
his death at any particular period, and have
been much surprised to find, that, should ne
die after the electoral vote is given, on the hrst
Wednesday Of December, and before he can oe
iuaugura,ed on the fourth Of March, no provi-
sion whatever is made for administering the
Government.
The sixth clause Of the FIRST article OF the
End section Of the Constitution, is IN these
| words -
SIN case of the removal OF the President
from his office, or Of his death, resignation, or
inability to discharge the powers and duties OF
the said Office, the same shall deVolVe on the
Vice President: And the Congress may, oy law
provide for the case Of removal, death, reslg-
nation, or inability, both OF the President and
Vice President, declaring what officer shall
then act as President, and such ofiicer sha'l ACT
accordingly, until the disability be removed or
President elected"
This provision obviously applies TO case,
where a President, having been once in Office,
becomes unable to discharge the duties attach
ed TO it, The President in office is very differ
emf from person elected 10 fill that Office after
given day. When the next election takes
place, if the electors elect, the person chosen is
no, President. Mr.. Adams remains President
until the fourth Of March, 1929. Should he
die before that day, or resign, the duties oil the
office would devolve on the Vice President
The President elected for the next term cannot
act until the fourth of March. He, therefore,
most evidently, is not President until that Pc
Rod, and should he die before that day, no
provision is made, in the article quoted, or In
any other part OF the constitution, for admins
tering the government.
The Office docs not deyolve upon the Vice
President, because, under the provision quoted,
that can orly take place where :he President,
in office, becomes disqualified to act. The case
Of failure to elect, Is not here provided for
Congress cannot provide for the contingency,
because there is Vice President; and it is only
where both Offices are vacant, that congress are
empowered to act.
BY the l2h article Of the amendments to the
constitution, provision is made, that it, when
the election Of President is cast into The House
of Representatives, that body do not choose a
President before The fourth oil March," then the
Nce President shall acs as President" This pro-
vision is confined to the Of a failure TO
elect, by the House, aud does not extend to the
case Of death after election. So that the same
consequence would result, should the House
make choice, and the person chosen die before
he was inausuraiad- nd this provision OF The
18th article shows the clear undersl anding Of
hose who framed The constitution, that the
provision respecting vacancies did not extend
TO cases Of death or refusal to accept after the
cleo ION. For had this event been embraced in
the general provisions, special one would not
have been necessary in this case.
do not see how the omission Of the consti-
trlion here noticed can be supplied, except by
an amendment Of that instrument. | do not
:hink that congress can provide for l.. The
case in which they may act is Sci down IN terms,
and this eXludes all implications, even under
the all potent clause OF providing for the gele
raj welfare. II is certainly a subject which
ought to attract the attention of The juris,s and
statesmen OF The country. A man NAV as we'll
die b'tween the first Wednesday Of December
and the fourth Of March as il any other perioG
OF three months. And should President elect
die within that period, there can b. no officer
unknown to the constitution Perhaps cour>
lesy, created by the necessity Of the case,
nigh, induce The nation to recognize the Vice
President; but 1t were better moi TO con6de in
ii. We may have Vice President not very
particular about the means that paced hin in
the Presidential chair, and little scrupuous Of
the measures 70 retain him there. II permit
ted to get In without law. he may be tempted
to 'hn& il equally deiehsible to remain in with-
out its sanctions. TIE example of doubtful
right to execute the office of President ought
never to be set. Unless the CONSTRUCTION is
amended, we may be driven to choose between
absolute anarchy or President of questionable
legality. II the view take Of this important
question is an incorrect one, shall be obliged
10 any one who may set me right.
Cincinnati Gazette.
INV