The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1881-07-14
THE PRESIDENTIAL SUCCESSION

THE PRESIDENTIAL SUCCESSION
The deplorable event at Washington
aside from it's sad surroundings and it's
solemn instruction, can not fail to cal
the serious attention of ref 3cting mind 8
to the imperfect provision for an exc Gu.
tive head of the Government in Contin
genCies like that which now ex ,itas the
sympathy of the civilized world, silen.
Ces the rude voice Of faction, spreads the
mantle Of charity over human infrmi-
ties, and touches every American heart
as with a personal sorrow.
Under the Constitution and existing
law, what may be described as the
Presidential life is only prolonged in
four persons, two of whom, as in the
present case, may by different causes be
cut off from the regular succession. They
are the actual President, the Vice Presi.
dent, the President pro tempore of the
Senate, and the Speaker Of the House Of
Representatives.
Now there is no President pro tenn
pore of the Senate, nor Speaker of the
House, and these vacancies will continue
until the first Monday of December next,
unless Congress should be specially
called together; and an accident might
occasion a void through which Congress
could not be convened b fore the regu-
lar time.
The second article Of the Constitution
provides as follows:
"In case of the removal of the Presi.
dent from Office, or Of lis death, resigna.
ton, or inability to discharge the pow.
ers and duties OF the said office, the
sane shall devolve on the Vice Presi-
dent, and the Congress may by law pro.
vide for the case Of removal, death, res
ignaton, or inability, both of the Presi-
dent and Vice President, declaring what
officer shall then 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 l, 1892, declares (section LAG of
Revised Statutes) as follows:
"In a case of removal, death, resigns.
ton, or inability Of both the President
and Vice Pres dent ofthe United States,
the President of the Senate, or, if there
is none, then the Speaker of the House
o! Representatives, for the time being,
shall act as President until the dsabil. |
ity is removed or President elected"
It is thus seen that the Constitution
provides for two lives in the Executive,
and that Congress has extended the plo-
vision to two more lives, both of the lat
ter being at this time ineffective. The
inquiry will be naturally made, How |
does this void occur with these seeming
of the Constitution and of the
law?
Section 8 Of the first article of the Con.
says:
1.-THE Senate shall choose their other
officers, and also a President pro tenn
pore in the absence of the Vice Presi. |
dent, or when he shall exercise the |
Office of President Of the United states"
This mandatory clause is enforced in
the fourth standing rule of the Senate in
the following words:
"In the absence ofthe Vice President
the Senate shall choose a President pro
tempore."
The intention to be absent, or actual
absence from any cause, must be made |
known to the Senate by the Vice Presi-
dent to authorize the choice Of a Presi.
dent pro tempore. The practice has
been for the Vice President to retire
from the chair toward the close Of ses.
sion, when no President pro tempore
had been previously chosen, to enable
the Senate to make an election Of that
officer, and thus to protect the Presiden.
tal succession.
By accident, at the late session, Mr..
Arthur failed to take this usual course,
and the Senote adjourned without hav.
ing had the opportunity to choose a
President protempore. Such an aCci.
de1t sho lid not occur again. Hereafter
the law should either impose this duty
on the Vice President, excluding any
discretion on his part, or should direct
the Senate, without notice from him, to
choose Presi ent protempore.
The new Congsess will regularly meet
by law on the first Monday Of December.
Without an extra session, no speaker
can be elected prior TO that day. There.
fore, the provision Of the act Of 1892 that
the ST esker Of the House, in one OF the
named con ingeneies, shall act as Presi.
dent, Is now imperative.
In the eye of the law the President Is
supposed to be constantly present in the
discharge Of his duties, by the provision
made for removal, death resignation, or
disability. Even the brief delay in an
Inauguration Of the President, when the
4th Of March has fallen on Sunday, has
caused anxiety, from causing a break In
the continued occupancy ofthe office.
In presence Of the actual situation
there 10 still graver reason for regret that
any safeguard should be wanting to con.
tinue the line unbroken to @ point
whore 1t is left by law. While there
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