The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-04-25
The Succession.

While President PIERCE is attending vigOr-
ously to the performance of his official duties,
and daily promenading the streets of our city,
in improved and improving health, as we are
gratified to learn, the newspapers of the coun-
try are earnestly engaged in debate upon the
line of the succession.
The following correct views upon the SUBJ
ject are from the Savannah Republican, and a
perusal of them will, no doubt, satisfy every
gency which our admirable Constitution is not
prepared to meet-that the elevation to the
Presidency of any man by other than legal
means is in our happy land an absolute impos-
sibility:
THE Presidency AND VIcH PRzsIDENcY.-The
recent death of Mr.. King has given rise to some
speculation in reference to the effect of the death
of both the President and Vice President. The
Constitution provides that the death of the Pres.
dent, the Vice President shall fill his place The
case of Mr. Tyler who succeeded to the Presidency
on the death of General Harrison, and the case of
Mr.. Fillmore who succeeded General Taylor, are
instances in point. The Constitution provides
also that, on the death of both Congress shall de-
clare then "what officer shall act as President -
Acting under this power, Congress did, in 1892,
enact that in the event of the demise of both the
President and Vice President, new election for
these Offices should be held in the following De.
cember, and that the President and Vice President
then elected should hold their offices for four years
from the 4th of March next ensuing. 1t further
provided that in the interim between the death of
one President and the election of another, the
President of the Senate pro tempore shall as
President; and in the case of vacancy in that
office, the functions of the Chief Magistrate shall
devolve upon the Speaker of the House.
In regard to the Vice Presidency, the Constitu-
ton simply says that ssthe Senate shall choose
their own officers and also President pro tenpore,
in the absence of the Vice President or when he
shall exercise the Office of President of the United
States'' From this we would infer that the coun-
try is now without any Vice President, and, con-
sequently though his functions as presiding officer
of the Senate may be discharged by another per-
son, there is no officer under the Government en-
titled to succeed to the pay and title of Vice Presi
dent. Nor will there be, except in the case of the
death of President Pierce, in which event new
election would become necessary both for Presi.
dent and Vice President. The Constitution tells
how the vacant Office of President shall be filled,
but contains provision of the kind in regard
to the Vice Presidency, except when both offices
shall be vacated, when, just remarked, new
election must be had.
We subjoin the 9th and 10th sections of the act
of Congress alluded to above, which we find quoted
in the Charleston Courier of yesterday:
'sSEc 9. And be it further enacted, That in case
OF removal, death, resignation, OR inability both
of the resident and Vice President of the United
States,e the President of the Senate pro tenpors
and in case there shall be no President of the Sen.
ate, then the Speaker of the House of Representa-
tives for the time being shall act as President of
the United States until the disability be removed
or President shall be elected.
s'SEC. 10. And be it further enacted, That when
ever the offices of President and Vice President
shall buth become vacant, the Secretary of State
shall forthwith cause notification thereof to be
made to the Executive of every State; and shall
also the same to be published in at least one
of the newspapers printed in each State specifying
that electors of the President of the United States
shall be appointed chosen in the several States
within thirty four days preceding the first Wed.
nesday in December then next ensuing: Provided
There shall be the space of two months between
the date of such notification and the said first We'd
nesday in December; but if there shall not be the
space Of two months between the date of such no.
LITIGATION and the first Wednesday in December
and if the term for which the President and Vice
pre on the Sd of March next ensuing, then the
Secretary of State shall specify in the notification
that the electors shall be appointed chosen with
in thirty-four days preceding the first Wednesday
in December in the year next ensuing. Within
which time the electors shall be appointed or cho
cen, and the electors shall meet and give their
votes on the said first Wednesday in December
and others shal be pursuant to the directions pre-
ecribed in thia -