American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1866-11-21
The Law OF the Pre- sileaa.ial
Succession.

Who would succeed Mr.. johnson, if h,
were removed by death or impeachment
We answer in this form letters of in-
quiry on this subject:
The Constitution of the United State:
says that Congress may, by law, provid,
for the removal by death, resignation Oh
inability of the President and Vice Pres
ident, declaring what officer shall then
act accordingly until the disability bs
removed or President elected.
March l, 1892, Congress passed al
act to provide for every case OF a vacancy
both of the Offices of President and Wee
President. In Story's Commentarie,
there is suggestion vi the possible un-
constitutionality OF the act but there
seems to be little doubt that it will stand
the test.
As is generally known the law provides
that the President pro ten,pore Of the
Senate ha succe the
Vice President, and if there is no Presi.
dent of ihe Senate, the Speaker OF the
House shall act as President.
In the present case, the Hon. Lafayette
Foster, of Connecticut, is President pro
tenpore Of the Senate, aud wOula sue
ceed Andrew johnson in case OF his death.
If Johnson and Foster we're both tead OF
disabled, the Hon. Schuyler Cofax would
act as President.
But it happens that ON the 4th OF
March next, the term OF the Hon. Lalay
ette Foster in the Senate expires, SO that
it will be necessary for the Senate, this
winter, to elect President pro tempore.
Tho term for which Mr.. Collax is elected
Speaker also expires with the Thirt !
Ninth Congress, On the 4th of March.
1t has been customar; when the Sen
reorganizes for the Vice President to
absent himself temporarily, that there
may be an election of a President pro
tempore Of that body. On the 7th of
March, 1865, the clerk of the Senate,
Col. j. W. Forney, called the Senate to
order, announced by authority the alb
sence Of Andrew Johnson, the Vice Pres.
iden;; and the Hon. Lafayette Foster was
elected President pro teB.pore.
If it should happen that the Senate
neglected to elect "a President pro tempore
until the 4th OF March, when Mr.. Eos
ter'sterm expires, that body would be
without presiding officer, and Mr. Col
iax's term having also expired, the pro-
cess of securing a successor to Andrew
johnson, if he should die or be disabled
at that juncture, would become a very
delicate one.
But we presume the Senate will pro-
vide against the possibility Of such
chance for disorder, by the resignation Of
Mr.. Foster some days before the expra.
ton Of his term, when some Senator will
be elected President pro tempore whose
pl~ent term Of service, whether re elected
or not, will not expire on the 4th Of March.
This will secure the continuity.
The question is, however, how long
would the President pro tempore act as
President if the Vice President, now act
ing ss President, should die or te
removed. The law is [Sections 10 of the
Act of March |, 1892, vol |, U. S. Stat.
utes at large; page 240]:
'And be it further enacted, thai when
ever the Office of President and Vice
President shall both become vacant, the
Secretary Of State shall forthwith cause
a notification thereof to be made to the
Executive of every State, and shall also
cause the same to be published in a. least
one of the newspapers published in each
Sia.e, specifying that the electors Of the
President of the Unitid States shall be
appointed or chosen III the several States
,Jithin thirty .tour days prece1ing tie lst
Wednesday IN December then nert cHSu-
ing; provided there shall be the space of
two months between the date OF such
notification and the first Wednesday in
Decemb er, and if the term for which the
President and Vice President last in of
fee were elected shall not expire on the
third day Of March, next ensuing, then
the Secretary of State shall speci y in
the notifications, that the electors shall
be appointed or chosen within thirty
four days preceding the first Wednesday
in December in the year xt ensuing,
within which time the electors shall ac-
cordingly be appointed or chosen; and
the electors shall meet and give their
votes on the first said " ednesday in
December
After the meeting of Congress there
cannot be the thirty; -four days that the
law provides before the first Wednesday
in December, and the impeachment and
deposition of the President would require
a good deal of time. Therefore, if the
President is impeached and removed from
the office this winter, his successor for the
unex pired term would not be elected
earlier than in December, 1867. And if
Senator Wade, who has two years of his
present term to serve after the 4th of
March next, should be elected to succeed
Foster as President pro tempore, and the
President SHOULD be impeached and re-
moved, or die, Wade would serve as Pres
ident until the first Wednesday in De-
eember, 1867.
Congress is, however, competent to
change the law of 1892, and provide for
a more speedy means of filing vacancy
in the Presidential Office, but it is not
probable any change will be made, for it
is unlikely Senators would object to hav-
ing one of their number, selected by
themselves, to fill the Presidential Office for
nearly a year. as would be the case if the