Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1866-11-08
The Presidential succession.

The Presidential Succession.
The article in Wednesday, Journal upon
the necessity of changing the time of or
canizing the House of Representatives
having called forth some inquiries in regard
To the Presidential succession, we present
brief statement of the law in the case =
The Constitutional provision article .,
Section y is that lin case of the removal of
the President from office. or, of his death,
resignation, or inability to discharge the
powers and duties of the said office,
the same shall deyOiye on the Vice Presi-
dent. and the Congress may by law pro-
vide for the case of removal, death, resig-
nation, or inability. both of the President
and Vice President, declaring what officer
shall then act as President. and such Off
Ger shall act accordingly, until the disa-
bility be removed or President shall be
elected"
In accordance with this provision
ii is provided by act of Congress, approved
March I. 1872, THAT in case ola removal.
death. resignation. or inability, both ofthe
President and Vice President Of the Uni
ted States, the President Ofthe Senate pro
'ernporr-and in case there shall be no Pres
idcnt Of the Senate, then the Speaker Ofthe
House of Representatives for the time be-
in@ shall act rs President of the United
States, until the disability be removed. or a
President shall be elected" In the case of
the death or removal of President Johnson
Hon. Lafayette ). Foster, President pro
fempore, would succeed to the Presidency;
and i'm case both should be removed. Speak
er C0lfax would succeed. Mr.. Fosters
term as a Senator expires the 18th of March
next. and were ii moi for the fact that the
Senate provides for a perpetual organiZa
lion by clccting President pro tempOre
before the term of the existing officer ex-
pires. there would be a vacancy ofboth the
presiding officers of Congress. After the
fourth of March, by the present regulation
for the meeting of Congress there would
only be one of the officers designated to the
Presidential succession. and in the case of
the death ofboth the President and the
President of the Senate, the executive
office would become in some degree the
subject of chance. Some time would
necessarily clapSc before the Congress
could convene. and a question of iu-
risdction might arise between the Senate
and House as To which of the newly elect
ed presiding officers should become Presi-
dent For these and many other consider
atoms. the Office of Speaker should never
be allowed to be so long vacant.
While we are on this subject, it may not
,.srScYe unintercstir- TO our rcrdcrs TO note
the time during which the latter officers
would hold the Office in case of succession
to the Presidency. Section 10 of the act
quoted from above is as follows.
And he ii further enacted. that whenev-
er the Office of President and -Prcsi-
dent shall both become vacant, the Score
tary of State shall forthwith cause Motif
cation thereof to be made to the Executive
of every State, and shall also cause the
same to be published in AT least one Ofthe
newspapers published in each State. spcoi-
fying that the electors of the President of
the United States shall be appointed or
chosen in the several States. within thir-
tv-four DAYS preceding the first "Wednesday
i'm December then next ensuing: provided
there shall be the space of two months be-
tween the date of such notification and the
said first Wednesday in December. but if
there shall not I've the space of two months
between the date Of such Motif cation and
the first Wednesday in December. and if
the term for which ~ President and Vice
President last i'm office were clectc0 shall
not expire on the third day 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 first "Wednesday
in December IN the year next ensuing. with
in which time the electors shall accordingly
be appointed or chosen: and the electors
shall meet and give their votes on said first
"Wednesday in December"
As il is but thirty-(our DAYS now To the
first Wednesday in December in case ofthe
Constitutional succession. the President
pro tempore would hold the Presidency I'M
ill the 18th of March. 1868. for his successor
could not be elected until December. 1867.
The last section of the Act under consid-
Grafton provides That the term of four
wears for which President and Vice Pres
idcnt shall on all cases, commence on the
ith day of March, succeeding the day on
which the votes Ofthe electors shall have
been given" Therefore i'm case of the
elections of these officers in cases provided
as above. the wear of regular Presidential
elections would be changed until another
charge is similarly effected. The matter
is open To Congressional change however,
and provision may bc made by which the
successor of the Vice President may fill
the full uneXpired term.