The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-08-09

Is not he opinion Of the committee. Toe legislation Of
Ess evidently contemplated that the President pro tenn
airy, with Presidential authority Of provisional chsrac-
ter but that he should be confined to sphere nted
pressy provided the election held once ia every four
years. President and bis substitute the Vice President
college provided for. In case OF vac apcy in the Office
rre.,aent either OF temporary or entire character,
iresdeqt In case Of vacancy in the once Of Vice Pre-
siaert slso the Congress may By law declare what Off
dent Shall be elected. The acting oiicer has not
dsyolyed on him. terms, the powers and duties Of
elected President, according To the provisions of
constitution !. seems to the committee that The officer
selected can act only for knitted term aud with pre-
or course he must discharge all the duties Of Presi
dent until is elected and for such purpose the officer
authorized to perform the duties prescribed in the ac
Of 1902 THIS act from the mind OF the trainers
the constitution, and passed in circumstances well
calculated to give it the sanction of intelligence and pur
pose Tie President and Vice President elective ma
gsraes, and hold their authority directly from tn,
constitution The officer whom Congress devolves
executive functions by law Is not electives he il the
choice OF constitutional constituents and II he could
come president the day after ID election Presidea an
Vice President BY their death, then stranger the
consent.
Whilst the committee do not question the constitu
tonal,y of the clause of the above mentioned the
are Statistic that these provisions sufficiently full
ana explicit to guard II all cases. against the mischief Of
The iinth section designatcs but two officers 10 take
upon themselves the executive function the coungen
and IN csss there be NO pr o. iae senate mate T
speaker OF the House OF Representatives These only
are to perform The duties Of President as specified
IL the ninth section. From the termination of
one Congress to the meeting OF the next,
there may be no Speaker and whether such Speaker
requisite qualifications under the Constitution to be in
vested with the duties and powers acting President
question o. too much importance to be left TO the do
The fourth clause Of the second article of the Consu
ton reads as follows
No elson except native born citizen citizen ofthe
United States at The time OF the adoption Of Constitution
fS &c of that esS cs q wo sa not Sd1 @
sge % hys years and been fourteen resident
Your committee i Of opinion that no one can be eligible
TO discharge for the time being the functions OF Pres
dn, unless he be thirty aye years DID, and native born
cNzen a speaker OF the House. President tenn
pore might not have these qualifications Il So he
could not act as President in compliance with the Consu
tuition.
To guard against the danger of an entire vacancy In
the oice or President prudence would 10 call for
further legislation. What officers then should be lcsip
nated after the President pro tpore and Speaker to act
as PRESIDENT The cabinet for the time being in some
prescribed order, would in most circumstance be The
proper functonarles Ia fill the vacancy In case Of
death they would be the persons most Of for
the occasion. There are other circumstances, how.
ever which would make the cabinet officers und, to
occupy the place OF tn President In case OF his mpcach
eu tor high political offences, the Cabinet might be
picated a. Tdices crfnt and ought not TO be In the
position OF allies To allow any Of the cabinet 70 become
President therefore, might b. to them with powers
whether they could be regarded as officers after the
oieial functions OF their principal had terminated
were suspended II might become the duty ofthe subs
tutc Of the President 70 have advisers by removing
obnoxious ones from their Offer ding position.
Another Class Ct faDcoCaries has been indicated as
properly suited Tor tie discharge OF the duties OF vacant
Presidency to wit the Senator'S in the order OF their
official term q service or when several Senator's have
the same continuous term OF service then the Senator
Oldest in years to be invested with the authority OF an
acting President for the purposes contemplated There
are two objections TO such arrangement first ques-
ton Of fact II gl arise to the continuous duration OF
term and actual would have be ascertained by
some inquiry before the power could vest with such Ger.
tanty ought TO be provided by law Besides Senator'S
are local representatives and such in rela
ton TO be fitted for the dscharge Of fcdcrave trusts
The attention OF the committee has been turned to
another Class OF magistrates namely the Chlcf Justice
and other Justices Of tho Supreme Court a. officers vii
calculated o discharge the duties Of Provisional Pres
dent, under an act OF the legislature.
These magistrates have assigned 10 them high urls
diction, bringing within is scope duties and powers a.
ctnR the and Interests OF the entire conedera
cy They derive their through gh
and the responsible sanctions OF those representing the
whole and the separate parts ofhe coniederacy and are
well entitled 10 confidence But for the provision in the
statute book conferrirg the Pres OF tie Senate
pro tmpoe and Speaker Of the House OF Reprcsen ave
he power 10 act provisional President ths
would have preferred 10 desgnats the Chief Justice an
other Justices OF the supreme Court the proper officers
to perform the executive duties. Acquescing however
In hat has been enacted committee will proceed 4,
recommend other provisions the subject When there
pc ss ~. as may result ro the want
House OF Representatives, then the committee recon
mends that the duties prescribed by act OF Congress
shall devoyc on the following officers: FIRST tho Chief
Justice when he has not participated in tho trial Of the
pes5ent and next, the justices ofhe supreme Court
according to the date of their commissions
The committee OF opinion that none OF the already
mentioned officers can act the provisional President
unless be have the qualifications prescribed for eligibility
Of the PRESIDENT Of the United states as contained in the
fourth sccton Of the second article OF the Constitution
ties Of provisional President designated by act OF Con
gross, sba be under taken they shall be completed
view Of distinct end TO wit, TO cal requ on the
III of e,e iauta sna
else all The powers Of the Executive emanatng from
the constitution TO have the pleutudc OF constitutional
recognized process and prescribed form
The committee Is OF opinion that under tho a0h clause
canoy occurring in tho Office Of President that the Vice
President eeccd by the people becomes tho President for
served 10 elect President during that term But under
Tie same clause, the COMMITTEES u equally clear In think
ing tina, the officer Designated by Congress Pres
dent when vacancy In both the Offices OF Presl.
dent and Vice PfesJent, act only until the vacancy
removed and President Is elected. And Congress- un.
DER tbs article must provide the time OF holding the cleo
ton and the day which the electors are to vote that
being the same throughout the United States The Pres
dent 90 elected Is 10 hold the Office during term Of
four years this y the only term known to tho
sttuton Of President elected by the people No
Tor tie residue Of any existing term; the election
held under this authority Is Ike election 10 rro.
U a' ~ r0ssSes anSsr @ q s
atc the time Of every election by the people to be
four years When any lesser psrioi intended Is in
Congress TO act President the even, OF the double
vacancy q President and Vice President Is to only
Until the disability Is removed and fesidca, elected
But when such election - held there Il limitation
Of this Office other than the four years provided by the
trst clarse This seems 10 your committee 10 be clear.
20 that yovr committee has TO a decision fol-
lows provisional President, under the act OF Mach l.
1872 s invested with the executive functions only until
d. ability "a removed. or, In OF entire vacancy,
urtii President Is chosen by the electoral colleges
II Is apparent, from these suggestions that the com.
mee believes Tho act of l7o2 10 be consta,iont tn all
respects and according TO it, provisions election for
President must be held except therein specially
mentcned) en- the first Wednesday OF december After
the vacancy The President thus elected must be
nauguraed according ~ The twelfth section OF the same
aci the fourth OF March aterwari and his term viii
be four years nom that date.
BILL
Supplementary 10 ne screrd force relative ~ srsc
non q ireyidsyu and Tace FYosdet q tie Jaaed
Sots.
he enacted by the Senate and House Of Representa-
tves Of the United States Of America Congress
l.I.A Maa4l. IL Ia-xt.