The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-05

uIdWH form by dfucle IN New lotk papers
rather curious than practically important question
The poin, is, the 4th OF March falls year on Sun
day. who be the President of the United States on
hat day or it dies and is there to be any Pres
dent all Our acetious neghbor proposes to consider
Mr.. Goddard, head of the Auxiliary Guard of Washing
ton, the President of the day. We presume as il is
day of rest and little to do, might dispense alto
gether with President on the Sabbath The cores
pondent Of the New York Journal of Commerce consid
the President of the Senate pro tenn President pro
ten. of the Union:
"rhe question, who will be President the 4h of March
have answered by showing that Gen. Taylor may
take the oath prescribed by the ution
the duties of his Office Sunday the 4h OF March But
it presumed that he will follow the example of Mr. Mon
and taxa the oath the 9th of March In that case
David R. Atkinson, the President pro of the Senate
will be tho acting President of the United States for
day The offices of President and Vice President become
vacant the lh of March, IL meridian and the per-
elect cannot their duties without taking the
prescribed OATH Should the President and the Vice Pres
ent elect refuse to take the oath, neither could
the duties and the President pro of the Senate
discharge them.
Sin confirmation of this view told by one who was
acquainted with the in 1921 that the ith day
March, which occurred Ssndly said by many of
Mr.. Gaard South Carolina then Pres
den pro tenn of the Senate the President for day
The Albany Argus refers to another "reminiscences
that Daniel d. Tompkins was sworn into Office on
Sunday; and our impression is, that recent in
stance Of the kind has occurred in this State"
We see nothing In friend Hickey's admirable
compilation of "the Constitution" to illustrate this fact
unless it be the foolnote his 3loth page that upon
Mr.. Monroe and MIR. Tompkns entering upon their
ond term 'here is notice the Journals OF Congress
of Etheirl having taken the oath"
The author of the following communication, however,
shows sufficient antiquarian learning upon this subject
to satisfy any ordinary curiosity;
Who will DO President on Sunday, the 4th day OF
March nextt
The circumstance that will have occurred for the
cond time only since the beginning OF DUR government
which is that Of the commencement Of presidential term
h of Mch) falling on Sunday, appears to be the cause
President The 4it Of March nert7 The point of diff
Guilty arises from the presumption that the President
elect will not take the oath OF office the 4th OF
March, because that day happens TO fall On Sun
day. Should he determine, however take the oath
on that day. then the question s easily answered
WISE then the skill of the casuist may be called into
QUESTION to determine wo, anybody, IS President de
United States declares, that "Befoe he enter On the exc
cuton of his Offices he shall take the following oath or
affirmation. &c. II will Be recollectd that iis ID no!
lion; the only causes OF vacancy therein recognised
being death, resignation inability to discharge the
powers and duties Of said Office" Il is true that the
President elect will not be qualified to eniet upon the
duties OF the Office until he shall have taken the oath
but, is this the "nab,y contemplated by the constitu
ton' If it be not then the contingency referred to is
clearly IN the constitutions but if it be that
inability which is declared by the constitution to be
cause OF vacancy in the office, then the question and the
difficulty are solved BY the constitution Itself. which de-
cares that in the case OF vacancy in the office of Pesi
dent the duties shall devolve the Vice President Here
will recoected that the Vice President elect has the
same option which the President elect has, to take the oath
Of ut on uaV nj he IA knl
it, them under the hypothesis mentioned he would be the
acting President the 4th of March but should he also
cordng to the constitution and the act of Congress Of
OF March, 1892 the President pro tempo of the Senate
for the time being shal act President of the United
States, until the disability be removed" Sc 1t will
be that these are hypothetical arguments upon
merely mooed question. which may never be seriously
entertained, but which, should i be 50 entertained,
would be purely 'fancy question:" of no practical
utility or useful result as the same ethics which would
prevent the President Vice President elect from taking
President pro tempoye OF the Senate for the time being
from exercising any OF the profane powers performing
any of The profane duties OF the presidential office, the
Sabbath dau
Another, and more practical, If not more constitu-
tional view OF this subject may be presented The
sttuton declares that the President elected in the
prescribed by that fundamental law, "sha hold his office
during the of four years. and the of 1872 passed
in accordance with the constitution declares haihe term
of four years. for which President and Vice President
shall be elected shall, in all cases. commence on the 4th
day of March next succeeding the day which the
of the electors shall have been given This being the
law and the fact of the election having been officially
cerained and declared the constitution requires the
presence OF the two houses of Congress- and the
OF the nation, the second Wednesday in February
preceding the said 4h day OF March, may be considered
corolary, that at the moment of time the of the
present incumbent shall expire, that of the President
elect will commence and the right to the Office will
attach to his person He is then ipso fdcto the ocum
of the presidential office under the constitution and
unless he then dies, resigns aborng under Gin
ability to discharge the powers and duties of the said Of
fce," no other individual can, the time, occupy
that office place This apart from constitutional law
general principle in all offices places, and is based
upon the welknown principle in philosophy that two
separate bodies OF matter cannot at the time
by the space. He is there, however, To-
and incubus, incapable of exercising its
powers performing its duties until he qualities accord
ing to the constitution by taking the oath of office.
Ifit be asked what would be the condition of affairs,
should President elect continue, contumaciousy or
time qualify himself by taking the oath, and thus in
terrup the functions of the government, it may be an
swercd, that such conduct would amount to a INSIDE
meanor, which might be abated by the constitutional
remedy of Impeachment and removal, and thus vacancy
would be created and the way cleared for the execution
OF those high and important duties by another officer
the constitution and the law provide.
After the first election, although it had been deter
Mined in accordance with the constitution, that the first
time for commencing the proceedings under the consltu
ton George Washington, the President elect did not take
the oath Of Office until Thursday, the Both day of April
after which he entered upon the discharge OF his
duties President The case was different, however,
with the Vice President, also with the senators.
quorum had appeared in the Senate the 9th April and
the Vice President attended the 2lst April and the
ual dufia