The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-07-26
7 II e h L P u b Lie.
From the Charleston Courier.
The Presidency and Vice Presidency.

by the lamented death of President TAYLOR, it may
be interesting TO our readers to know the constitu-
tional and statutory provisions applicable to the
case and how they are to be interpreted.
BY the 9th clause Of the I'd article of the Consti-
tuition OF the United States, il is provided fol-
lows:
.'n case of the removal of the President from of
flee, Of his DEATH resignation or inability to dis
charge the powers and duties Of the said Office the
same shall devolve on the Vice President; and the
Congress may by law provide for the of reno
val, DEATH resignation, inability, both of tho
President and Vice President, declaring what Off
shall then act President and such officer shall
act accordingly, until the disability be removed, OF
| a President shall be elected"
| The act of Congress, of March |, 1892, thus car
res out, to certain extent only, far depends
on the action of that body, the constitutional pro-
vision above cited
"SEc 9. And be il further enacted That in CASE
of removal, death, resignation. or inability, both
of the President and Vice President of the United
States, the President of the Senate pro tenpore, and
in case there shall be President of the Senate
| then the Speaker of the House of Representatives
for the time being, shall act President of the
United States, until the disability be removed, or a
President shall be elected
"SEc. 10 dnd be ii further enacted, That when
ever the offices of President and Vice President
shall both become vacant the Secretary of State
shall forthwith cause notification thereof to be
made to the executive of every State and shall also
cause the same TO be published in at least OF the
newspapers printed in each State, specifying that
electors Of the President of the United States shall
be appointed or chosen, in the several States, with
IN thirty four days preceding the first "Wednesday
IN December, then next ensuing: Provided, That
there shall be the space of two months between the
date of such notification and the first Wednesday
in December but if there shall not be the space OF
two months between the date OF such cation
and the first Wednesday in December, and if the
term for which the President and Vice President
last in office were elected shall not expire the
third day of March ensuing, then the Secretary OF
State shall specify, in the notification that the
electors shall be appointed chosen within thirty
four days preceding the first Wednesday in De-
cember In the year next ensuing, within which
time the electors shall accordingly be appointed or
| chosen, and the electors shall meet and give their
votes the said first "Wednesday in December,
and the proceedings and duties of the said electors
and others shall be pursuant to the directions pre-
scribed by this act.''
From a survey of the Constitution and the law,
in this matter, may be derived the following posi-
tions or conclusions
/. That in of the removal of the President
from office, of his DEATH resignation, inability
discharge the powers and duties Of the Office the
Presidency depoipes on the Vice President and the
Vice President becomes, therefore, not merely the
acting, but the actual President of the United
States.
=. That, for the case of removal, DEATH resigna-
tion, inability both of the President and Vice
President Congress may provide, by idtc, i. e., by
act OF Congress or some other constitutional mode
of legislation
3. That Congress, in ma king such provision, 6g
lato, is limited to declaring what officer shall then
act as President" 50 that Congress can only pro-
vide for the succession Of some one already Off
Ger Of the National Government, 10 the vacant Presi
dency; and the officer succeeding becomes not
actual, but only acting President of the United
States.
4. That the oShcer so acting as President is per-
haps TO hold the office but ten'porWiy-i. e., ''ht
shall act accordingly until the disability be re
moved, a President shall be elected"
Ii may be contended that the acting President Ii
TO be temporary officer, as well in case of reno
cai, death, resignGion, in case ol~inabity Il
discharge the poioos and dulles Of the ofce-the con
text points " difference in the cases. they are
all embraced in the same category 10 time OF
tenure, and there is ground for distinction be-
! tween them.
! 5. The Congress of 1892, in pursuance Of the
Constitution, have enacted tbatin of the re-
moval, death, resignation, or inability of both the
President and Vice President of the United States,
"the President Of the Senate pro fsmpore, and in
case there shall be President of the Senate then
the speaker of the House of Representatives for the
! time being, shall act as President of the United
States. unul the disability be removed, Presi-
dent shall be elected"
g. Congress, by the act Of I792 have made no
/ provision Tor any further vacancy in the Presi-
dency; and If, after the Speaker of the House shall
have become acting President, he shall also die, II
is Onissus and an interrsgnuJn would proba-
1 bly, ensuc. Ii may be argued, however, that Con-
gress neces1iafe, might provide for the proba.
! ble contingency, whenever IL might actually hap.
] pen.
7. The Congress of l7s2, by their legislation Of
that year. understood and interpreted the Congress
1 TO confer only temporary office the acting
President, by expressly providing for a new elec.
tion, within given time, in such an exigcncy
The election OF electors Is to take place within
thirty four days preceding the hrst Wednesday in
December ensuing, II there shall be the space
OF two months between the notifications Of the cleo
ton Of electors the Executre Of every State, on
that day. 2. II there shall not be such space and
the term for which the President and Wee Presi-
dent, last in office, we're elected, shall not expire
on the 81 Of March next ensuing. then the election
shall take place within thirty four days preceding
the first Wednesday in December, in he year next
! ensuing.
). II may, however, be plausibly contended that,
If should succeed " the acting Presidency, va
Gated by the death Of both President and Vice Pres-
idcnt, or by any cause, except inability TO dis
charge the powers and duties Of the Office )" he is
hold, until President shall be elected" under
the Constituton-i c. for the residue Of the term;
and that the OF 1892 u unconstitutional in
dering the occupancy Of the Presidency temporary
in any other case than that OF vacancy by reason
of Inability" &c, which may may not be tenn
porary, while the other cases Of vacancy are, in
themselves, permanent Congress is only cmpOw-
cred 10 provide by law declaring what officer shall
act az President and such officer IL ~ act until the
disability be removed President shall be elect
ed; bat no power is conferred Congress 20 order
provide Tor new election; and sucha power, IL
may be argued, cannot be implied Under the
Constitution, il may be said vacancy from Gin
ability" &c, may be temporary OF permanent,
and the succession will be the same; but a vacancy,
run on from any other cause, being necessarily
permanent, the succession must be the same un-
less there be an express provision to the contrary
which there is not
y II is not correct, es intimatcd by the Wash
nRtou Union, that the Hon. VIM X. King, of Ala
bama W no has been chosen President (pro tenpore)
Of the Senate, and IL, therefore, now next in
cessien to the Presidency, Is now "scting Vice
President Of the United Statcs' Under the Con-
stitution there 10 no provision for supplying
cancy in the Vice Presidency, from any cause
whatsoever, whether by the removal death, resig
nation, inability Of that officer, or by his succes
sion to the Presidency. TheNce Presidency s, there
fore, now vacant, and as there Is no power given
TO provide for filling the vacancy, il will remain
vacant until the end Of the present Presidential
term, az It did during the residue of General Har-
rison's term, after his death, and after MIR Tylers
succession TO the Presidency. Mr.. King occupies
the chair Of the Senate only Senator, elevated
TO that dignity, and entitled TO vote a Senator in
every case and not, az acting Vice President, en-
titled only TO the casting vote in case of an equal
division OF the Senate.
In Great Britain and Ireland there a 1874 ,433
acres Of land 522 go Of which in state
Of cultivation 5,s7l ,db2 considered unprota-
bic, and $4,000 900 acres are uncutivated, but ca
pable of profitable cultivation. A wise economy
to thia field vh IN 6pd