River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1875-12-02
The law OF the Presidential Success
sion.

The Constitution of the United States
says:
''In case of the removal Of the Presi.
dent FROM office, or Of his death, resigna-
tion or inability to discharge the duties
OF said office. the same shall deyolye on
! the Vice President. And the Congress
may, b. law, provide for the case of re.
moval death, resignation or inability of
| the President and Vice President, de.
claring what officer shall then act as
President, and such officer shall act ac'
cordingly until the disability be removed
or President shall be elected"
In the commentaries Of Story on the
Constitution, he says Volume III. page
355 J
Congress have undertaken to provide
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 a new election,
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
UNFOLDING the power so far as he consti
tutionaily may. But il would be more
satisfactory to provide for the case by
some suitable amendment, which would
clear away every doubt, and thus pre-
vent a crisis dangerous to our futnre
peace, if not to the existence Of the Gov
/ eminent.
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 the disability be removed, or the
period for choosing another President
drrire," and the latter words were then
altered SO as to read e.: "untit a President
shall be eiected.'
The Act of Congress for which tho
Constitution provides is Of the date Of
March |, 1892, and is entitled IAN 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.
The sections pertinent in the case
under view are the following Volume |,
United States Statutes at large, page
240:l
Section o. 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 tempOre,
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
President shall be elected.
See. 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 a 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 the space of two
months between the date Of such notifca-
tion and the first Wednesday in Decem.
Der; but if there shall not be the space of
two months between the date of such no
LITIGATION 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.
rotary 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, within which time the cleo
tors shall accordingly be appointed or
, 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 the directions pre-
! scribed in this act.
The impression prevailing that there
, was legislation on this subject following
the death of Lincoln. is unfounded. 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 Executive Office the Pres-
dent, Vice President, President pro tenn
pore Of the Senate and Speaker of the
House one is dead, and another has not
been chosen. The Vice Presidency and
the Speakership are vacant. The Presi
dent pro tempore Of the Senate is Senator
Ferry Of Michigan.
! Condition of the Army.