The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1881-07-16
The Presidential Succession.

The deplorable event at Washington, aside
from its sad surroundings and its solemn in
struction, cannot fail to call the serious atten-
ton Of rejecting minds to the imperfect pro-
vision for an executive head of the Govern
ment in contingencies like that which now
excites the sympathy of the civilized world,
silences the rude voice of faction, spreads the
mantle of charity over human inirmlues, and
touches every American heart as with per-
sonal sorrow.
Under the Constitution and existing law,
what NAV be described as the Presidential life
is onlvprolonged in four persons, two ofwhom,
as in the present case, may by different causes
be cut off from the regular succession. They
are the actual President, the Nlce-Presldent,
the President pro tempOre of the Senate, and
the Speaker of the House of Representatives,.
Now, there is no President pro tempore OF
the Senate, nor a Speaker Of the House, and
these vacancies will continue until the hrst
Monday of December next, unless Congress
should be specially called together; and an
accident might occasion void through which
Congress could not be convened before the
regular time.
The second article of the Constitution pro-
vides as follows:
in case of the removal the President from Office,
or of his DEATH resignation or inability to discharge
the powers and duties of the said Office, the same
! shall devOlye on the Nice-Presldent ana the Con
! prcss NAV by law provide for the case of removal ,
| death resignation, or inability both the President
and Vice President declaring what officer shall act
as President and such officer shall act accordingly
until the disability be removed or President shall
| be elected"
In conformity with this clause, the act of
| March /, I472, declares (sectlon l46 OF Revls
ed Statutes) as follows:
IN case of removal DEATH resignation, or inabili-
tv of both the President and Nice-Presldeht OF the
IL. AF Nt.nn
is none then the Speaker of the House OF Representa-
tiveS for the time being, snail act rs lresuelt uIt
| the disability is removed or President elected.
II is thus seen that the Constitution pro-
vdes for two lives in the Executive, and that
! Congress- has extended the provision TO two
more lives. both of the latter being at this
time Ineffective The inquiry will be natural
~. made: How does this void occur with
these seeming safeguards Of the Constitution
and Of the law.
Section 8 of the first article of the Consttu-
ton, says:
The senate shall choose their other officers, and
also President pro temp0fe IN the absence Oh fhe
yce-PrcSident, or when he shal exercise the olAce
Of President of the United states.
This mandatory clause is forced in the
fourth standing rule Of the Senate in the fol-
lowing words:
.In the absence of the Vice -President the Senate
shall choose President pro teDpore."
The intention to be absent, or actnalabsence
from any cause, must be made known to the
Senate by the Vice President to authorize the
choice of President pro tempOre. The prac-
tice has been for the Vice President to retire
from the chair toward the close of session,
when no President pro tempOre had been pre-
viouslv chosen, to enable the Senate to make
an election of that officer, and thus to protect
the Presidential succession.
By accident. at the late session Mr.. Arthur
failed tc take this usual course, and the Sen
ate adjourned without having had the oppor,
tunity to choose President pro tempore.
Such an accident should not occur again.
Hereafter the law should either impose this
duty on the President, excluding any
discretion on his part, or should direct the
Senate, without notice from him, to choose a
President pro tempOre.
The new Congress will regularly meet by
law on the first Monday OF December. With
out an extra session, no Speaker can be elect
ed prior to that day. Therefore, the provision
of the act of 1892, that the Speaker Of the
House, in one of the named contingencies
shall act as President, is now imperative.
In the eye of the law the President is sup
posed to be constantly present to the discharge
of his duties, by the provision made for re-
moval, death, resignation, or disability
Even the brief delay in an Inauguration of the
President, when the Attn of March has fallen
on Sunday, has caused anxiety, from causing
a break in the continued occupancy OF the
Office.
In presence of the actual situation there is
still graver reason for regret that any safeguard
should be wanting to continue the line nm
broken to the point where it is left by law
While there may be no danger of anarchy
from the temporary absence of a constitution
al President, still it is the part of wisdom to
run no risks, and, above all things, to avoid
any perncious precedent opening the door to
innovation.-NelC York San