The Worthington advance. [volume] (Worthington, Minn.) 1874-1908, 1875-12-02

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made in the manner prescribed by the
act. How far such an act is constitu.
tional has never yet been solemnly pre-.
sented for decision. The point;was hint.
ed At in some Of the debates, when the
constitution was adopted, and it was
then thought to be susceptible of some
doubt. Every sincere friend Of the con.
stitution will naturally feel anxious OF
upholding the power so far rs he consti.
tationally may. But it would be more
satisfactory to provide for the case by
some suitable amendment, which would
clear away every doubt, ana thus pre-.
vent crisis dangerous to our future
peace, if not to the existence Of the Gov
ernment."
In the revised draft OF the constitution,
Mr.. Story says in note, the clause OF
the constitution providing for the sue
cession when there is neither President
nor Vice President, stood:
"And such officer shall act accordingly
until tho disability be removed, or the
period for choosing another President
arrire," and the latter words we're then
altered 80 rs to read: "ientiI1 a President
shall be elected"
The Act Of Congress for which The
Constitution provides is Of the date Of
March l, 1902, and is entitled "An act
relative to the election Of President and
Vice President of the United States, and
declares the officer who shall act as Presi.
den: in case of vacancies in the offices
both of President and Vice President.
Tho sections pertinent in the case
under view are the following Volume !,
United States Statutes at large, page
24O:)
''Section .. And be it further enacted,
that in case Of removal, death, resigna.
ton or inability both Of tbs President
and Vice President Of the United States,
the President Of the Senate pro trnpore,
and IN case there shall be no President of
the Senate, then the Speaker of the
House of Representatives, for the time
being shall act as President Of the United
States until the disability be removed or
Z President shall be elected.
Sec. 10. And be it further enacted,
That whenever the Office Of President and
Vice President shall both become vacant,
the Secretary Of State shall forthwith
cause notification thereof to be made to
the Executive of every State, and shall
also cause 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 or chosen in the several States,
within thirty-four days preceding the
first Wednesday then next ensuing: Pro-
vided, There shall be tho space of two
months between the date Of such notifica.
tion and the first Wednesday in Deccm
Der; but if there shall not be the space ol
two months between the date of such no.
tifcation and the first Wednesday in De.
cember. and if the term for which the
President and Vice Pres dent last in Office,
were elected. shall not expire or the Sd
day Of March next ensuing, then the Sec
retary Of State shall specify, in
the notification, that the elector>
shall be appointed or chosen
within thirty-four days preceding the
first Wednesday in December. in the year
next ensuing. within which time the cleo.
tors shall accordingly bc appointed OF
chosen, and the electors shall meet and
give their votes on the said first Wednes.
day in December, and the proceedings
and duties Of the said electors and others
shall be pursuant to tho directions pre-.
scribed in this act."
The impression prevailing that there
was legislation on this subject following
the death of Lincoln, is uniounded. The
law remains unchanged. 1t happens At
this time that Of the four officers named
in the constitution and laws for the dis
charge, under various circumstances, Of
the National Ex cutive Office the Presi.
dent, Vice President President pro tenn.
pare Of the Senate and Speaker Of the
House -one is dead, and another has not
been chosen. The Vice Presidency and
the Spcakership are vacant. The Presi.
dent pro tenPore Of the Senate is Senator
Ferry Of Michigan.