The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-11-14

accession rather than succession to the
Presidency. Has the President of the
Senate then, not being the Vice Presi-
dent by election, and the Vice President
being dead, the right, by virtue OF the
act of Congress designating him as the
successor sin case OF the removal, death,
resignation or disability OF both the
President and the Vice President," to
claim this accession to the Presidential
office in the exceptional case OF a nom
election OF President by the 4th Of
March next? And, if claimed and con-
ceded under this condition, what would
be the limit of his Presidential term?
BY thus becoming the President by op-
Grafton of the Constitution, would he
not "hold his Office during the term OF
four years." as ordained by the Consti-
tuition?
In case of succession by reason Of re-
moyal, death, resignation, or inability of
a President, the Vice President will
hold his Office for the unexpired term Of
his predecessor, by whose tenure he
would himself hold. But, in this fifth
contingency of non-election, the Vice
President comes to the Presidency as
the successor of no one. He is the Pres
ident by virtue of Constitutional APP
pointment; as much the President as by
Constitutional election. And, being
such, would he not hold the office for the
Constitutional term Of four yearsP The
clause OF the Constitution that confers
this appointment, xn the happening Of
such contingency, puts no special lin
it in any form upon the time Tor which
the Off ,e is to be held. The time must
be governed, therefore, by the general
provision fixing the term at four years.
Hence, in case of a non-election of a
President by the 4th of March next, Mr..
FERRY, by virtue of his office as Presi-
dent OF the Senate, the Vice President
by election being dead, might become
the President of the United States for
the full Constitutional term OF four
years from the 4th of March next.
But the political complications arising
out OF these issues are not even yet eX-
hausted. For, on the hypothesis tnat
Mr.. FERRY. though President of the
Senate, is not therefore Vice President
of the United States, the Vice Presi-
dent being dead, and that consequently
Mr.. FERRY can not take the Presiden-
tial office under the contingency alluded
to, then who next? The Executive office
must not be in allegiance subject to a
revivor at some future day. Its func-
tions, 'incapable of annihilation," must
vest somewhere and in some one. But,
in whom? Congress has fixed the sue
cession, after the Vice President, and
President Of the Senate, in the Speaker
of the House of representatives. Shall
MIR. SAYLER then become the President
on failure of an election before the
4th of March nextp
But here, again, is another difficulty
we have no Speaker of the House of
Representatives. The Speaker, Mr..
KERR, is dead. By his death the Office
became vacant. SAYLER is but Speaker
pro tena., just as FERRY Is Vice Presi-
dent pro tenn. Certainly the present
House of Representatives on reassem-
bling will fill the office by the election
of a Speaker; and Mr.. SAYLER may be
that man. But the Speaker, whoever he
may be, is not clothed with the right of
accession to the Presidency in case of
non-election of a President. Nor indeed
can he be. Because the present House
OF representatives, by whom he is
elected, itself expires by limitation of
law with the present Presidential term.
The House can not elect Speaker for
a longer term than its own existence.
non-election would occur, there would
be no Speaker of the House, because
there could be no organized House of
Representatives.
But, once more-assuming that either
Mr.. Ferry, as President of the Senate,
or the Speaker Of the House, should
be eligible, severally, to the Presidential
succession, and though either should
take the succession but for twenty-four
hours, could he enter upon and exercise
the Presidential Office for that single day
without Inauguration and the oath of
office as such? Clearly he could not.
1t is this oath of Office as prescribed by
the Constitution that constitutes the in
auguration of the President of the United
States. What conceivable objection,
then, can there be for the President
elect, or the President by appointment,
to solemnly invoke Almighty God, on
Sunday, and swear, on that holy Sabbath
day, to faithfully execute the duties Of
his high office, and to the best OF his
ability 'preserve, protect and defend
the Constitution Of the United States"?
What could there be in this simple
but solemn rite OF invocation in the least
at variance with public law, good NOR
ais, or Christian ethics? 1t is entirely
upon this solemn rite that the inaugur-
alton Of President depends. Bril-