The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1875-12-02

anything family wants they need. 1t
is great expense and dependent on
pure benevolence. .s .a
The Law sr the Presidential Succession.
The Constitution of the United
States says: ;.-a.Hs-.i ..f
.s"In case of the removal of the Pres
ident from office, or of his death, res
.ignation or inability to discharge the
duties of said Office, the same shall
deyoIve OH the Vice President. And
the Congress may, by law, provide for
the case OF removal, death, resignation
or inability of the President and Vice
President, declaring what officer shall
then act as President. and such officer
shall act accordingly until the disabil-
ity be removed or President shall be
elected" AF-a a.-. Ht
In the commentaries of Story on
the Constitution, he says (Volume III,
page 355 .....
"Consress- have undertaken to pro-
vide for every case of a vacancy, both
of the offices OF President and Vice
President, and have declared that in
such an event there shall Immediately
be new election, made i'll the man
ner prescribed by the act. How far
such an act is constitutional has meyer
vet been solennly presented for de-
cision. The point was limited at in
some of the debates when the Consti-
tuition was adopted, and it was then
thought to be susceptible OF some
doubt. Every sincere friend of the
constitution will naturally feel anxious
of upholdiig the power SO far as he
constitutionally may. But it would
be more satisfactory TO provide tor
| the case by some suitable amendment,
which would clear away every doubt:
and thus prevent a crisis dangerous to
our future peace, if not to the exist
ence of the Government,
In the revised draft OF the constitu-
ton, MIR. Story says i'll 4 note, the
clause of the constitution providing
| for the succession when there is nei-
| iher President nor Vice President,
stood:
"And such officer shall act accord
ingly until the disability be removed,
or the period for choosing another
| President a77'ice," the latter words
| were then altered SO as to rea = sun
I'll a President shall be elected.
| The Act of Congress Tor which the
Constitution provides is Of the date OF
March l, 1892. and is entitled "An act
relative to the election OF q President
and Vice President Of the United
States," and declares the officer who
shall act as President in case OF vacan.
cies in the offices both of President
and Vice President.
1 The sections pertinent in the case
under view are the following (VOlume
|, United States Statutes at large, page
240) a'ti,- ....
'.Sectiou 8. And be it further en-
acted, that in case Of removal, death,
resignation or inability both of the
President and Vice President of the
United States, the President of the
Senate pro tempOre, aud in case there
shall be no President of the Senate,
then the Speaker OF the House of Rep
resentatives, for the time being shall
/ act as President of the United States
until the disability be removed or Il
President shall be elected.
Sec. 10. And be it further enacted
That whenever the office of President
ana Vice President shall both become
vacant. the Secretary OF State shall
1 forth with cause a notification thercoi
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 Presi-
dent Of the United States shall be APP
| pointed or chosen In the several States,
within thirty-four days preceding the
first Wednesday then next ensuing
Provided, There shall be the space OF
two months between the date OF such
notification and the first Wednesday
| in December; but if there shall not be
| the space of two months between the
date of such notification and the frs,
Wednesday In December, and if the
term for which the President and Vice
President last in office, were elected,
shall not expire on the 81 day OF
March next ensuing, then the SeCreta-
ry of State shall specify in the notifi-
cation, that the electors shill be a p
pointed or chosen within thirty-four
days preceding the first Wednes-
day in December, in the year next en-:
suing, within which time the electors
shall accordingly be appointed o,
chosen, and the electors shall meet
and give their votes on the said first
Wednesday in December. and the pro-
ceedings and duties of the said elect
ors and others shall be pursuant to the
directions prescribed in this act"
The impression prevailing that there
was legislation on this subject follow
ing the death of Lincoln, is unfound-
cd. The law remains unchanged. Ii
happens at this time that the four Oil
GERS named in the constitution and
laws for tn C discharge, under various
circumstances, Of the National Exccu-
tive office-the President, Vice Presi-
dent, President pro temporc of the
Senate and Speaker of the uouse-onc
is dead, and another has not been
chosen. The Vice Presidency and the
Speaker. hip are vacant. The Prcsi-
dent pro ten,pore of The Senate is SEN
ator Ferry of Michigan.