The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1877-02-28

the count, and thus defeat an election of |
president. The very fact that the senate
agreed to 1t would BIO seized hold Of and
used with powerful force to show that the
senate admitted the possibility of failure
to complete the count, and bad prepared
for the happening of that contingency by
providing against an "interregnum. This
alone would be sufficient to turn the scale
in favor of the fllibusters, and there would
be failure to elect.
But there are very grave doubts whether
this bill, or any other bill, could authorize
the election of president to fill vacancy
caused by failure to elect, death, or other
cause. Certainly, there is no pretense of
any power to elect vice-president except
at the regular constitutional periods of
once in four years. The act of 1909 does
not assume to provide for the election of
vice-president, even where there is va
cancy in both of the offices Of president
and vice president, and special election is
held for the choice of president. Neither
does this bill. SO long as there is no pre-
tense of any power to hold an election for
vice-president when there is vacancy in
both of the offices of president and vice.
president, it is difficult to see upon what is
based the CLAIM of power to elect presi-
dent in the same contingency. The con-
stitution, certainly, does not directly grant
the power. 1t does not negative the pos
session of the power in the case of an cleo
ton of vice president, ANY more than 1t does
that Of president. 1t is equally silent in
both cases. Where then does the power
come from
The only thing upon which such claim
can be hinged Is the fact that in the origi-
nal revised draft of tho constitution, the
provision that congress should provide
who should act as president in case of
vacancy in both the offices of president
and vice president concluded as follows:
And such officer shall act accordingly,
"uutil the disability be removed, or the
''po'1od for choosing another president ar
" rioes:" and the latter words wero altered
80 as to read, "unM president shall be
elected" But the argument will not bear
examination, for by the original provision
there would be an actual "interregnum"
from the day Of election until the result
was authoritatively ascertained, while by
the latter phraseology this difficulty was
avoided-and it was this view that led to
the change.
The same clause Of the constitution
which conferred upon congress the power
to provide what officer should act as presi-
dent in the lease of removal, death, resig-
nation or inability" both of the president
and vice-presldent, also provides that Sin
case of the removal Of the president from
office, or Of his death, resignation, or in
ability to discharge the duties of said
office, the same shall devolve on the vice
president" 1t will be observed that the
same words are used in defining how a va
cancy may be created in both instances,
yet the trainers of the constitution and the
members Of the early congresses did not
consider that failure to elect was en-
braced in the words 'removal." "death, ),
resignation" or ''inability to discharge
the duties" etc., for the eighth congress,
in 1903, thought it necessary to provide for
failure to elect president by proposing
a constitutional amendment providing that
in case of a failure to elect president,
then the vice. president shall act as presi-
"dent as in the case Of tile death or other
constitutional disability Of the PRESIDENT
and this provision is now a part of the
constitution.
Our conclusion is that Mr.. Fields bill is
unwise, unnecessary, and unconstitutional;
that there is now no PROBABILITY of there be-
ing failure to elect, but if there was, that
the law of 1892 sufficiently provides who
shall act as president if General Grant
would consent to forego few minutes of
his official term that there ia no pretence
anywhere of any power to hold an election
for vice president to fill vacancy and
that the power, under the constitution, to
elect president other than at the consti-
tutional period is more than questionable.