Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1853-04-22
From the Charleston Courier
The Vice Presidency.

Our Constitution was half century old before
anv instance occurred of the death of President in
Office The decease of Vice President King is the
first nstace of death of the incumbent of that office,
and the fact may suggest inquiries as to the consti-
tutional or statutory provisions for such an emer-
gency.
The Constitution only provides, directly, for the
DEATH removal &c. of the President, substituting
for him the Vice President but by that instrument
art 2, Sec. l, 9th Clause) the Congress were en-
powered to provide, by law for the death, removal
&c, of the Vice President. The power thus vested
in Congress was exercised in the Act of March 1st,
1892, entitled Act relative to the election OF
President and Vice President of the United States,
and declaring the Officer who shall act President
in case of vacancies in The Offices, both President
and Vice President"
! We subjon the 9th and 10th Sections of this Act,
being all relating TO the point before us:
SEC. 9. And be it further enacted That in case of
removal DEATH resignation or inability both of the
President and Vice resident of the United States
the President of the Senate pro tempore and in
there shall be President of the Senate then the
Speaker of the House of Representatives for the time
being shall act as President fthe United States
til the disability be removed or President shall be
elected
SEC. 10. And be 1t further enacted, That whenev-
err the Offices of President and Vice President shall
| both become vacant, the Secretary of State shall
! forthwith notification thereof to be made to
the Executive of every State and shall also cause
!
papers printed in each State, specifying that Eec-
tors of President of the United States shall be APP
pointed chosen in the several States within thirty
four days preceding the first Wednesday in Deem
Der, then next ensuing Provided, There shall be
the space of two months between the date of such
notification and the said 1st Wednesday in Deem
ber but fthere shall not be the space of two months
between the date of such notification and the lst
Wednesday in December and if the term for which
the President and Vice President last in Office were
elected shall not expire on the 3rd of March next
ensuing then the Secretary of State shall specify in
the notification that the Electors shall be appointed
or chosen within thirty four days preceding the lst
Wednesday in December in the year next ensuing.
Within which time the Electors shall be appointed
or chosen and the Electors shall meet and give their
votes on the said lst Wednesday in December, and
the proceedings and duties of said Electors and 9th
e7s, shall be pursuant to the directions prescribed in
this Act.
1t will thus be seen that no provision has been
made 10 supply vacancy in the Vice Presidency
60 nomine, and it is only in of the removal
death, &c. of both President and Vice President
that the President the Speaker of the House o.
: Representatives becomes President of the United
States dd interim. The Presidency of the Senate il
now filled by Hon David r Atchison, of Missouri
The last Speaker of the House of Representative,
was Hon. Linn Boyd, of Kentucky. but as the House
whose tenure dates from the 4th March last. has no
met organized there is in constitutional srictnes
no speaker at present.