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

The deplorable event at Washington, aside
from, It's sad surroundings and its solemn IN
StrEesiop, cannot fail to call the serious atteu-
ton Of rejecting minds to the imperfect pro-
yisl,,a 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 iuhrmiucs' aud
touches every American heart as with per
sonal sorrow.
Under the Constitution and existing law,
what nav be described as the Presidential life
is onlyprolonged in four persons, two otwhom,
as in the present case, may by different causes
be cut of from the regular succession. hey
are the actual President, the Vice President,
the President pro tcmpore OF the Senate, and
Inc Speaker OF the House Of Representatives.
Now, there is no President pro temPore OF
the Senate, nor a Speaker OF the House, ana
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
I Congress could not be convened before the
The second article of the Constitution Pro
vides as follows:
In case Of the removal ofthe President irlm otlee
OK OF his death re~gaiiof = inahihiS " a,s'a ~
thc powers and duties Of the said oneci the same
shall dcyolve on ihe Slee r;ssoehA am ~ -.
grcSs may By law provide tor the case OF stl2sal'
Death resignation. inability, both the President
aud Vice Prcsidgnt declaring shat otaeer ma! =
Is President aud such oaieeF si4l az aegoi,il-tf
until fhe disability be removed or President shaii
be elected.
In conformity with this clause, the act OF
March /. I472, declares section ] 70 Of hefls-
ed Statutes as follows:
I'm case OF removal. death resignation, az inabili
" OF both the President and y IS s,' ~ vs.
United states The President u me senate of u lsts
L mono theu thg Speaker 81 the House u Representa-
lives for the time being shall ci a. tfleht Nl,il'
tbs disability Is removed or President elected
Il is thus seen that the Constitution pro
yides for two lives ia Ike Executive aud that
Congress has extended the provision 10 two
more lives. both Of the hitter beng al ihis
time ineffective The inquiry wi!i be natural.
M made. How does this void occur with
these seeming safeguards Of the Constitution
aud Of the law.
ton, says:
-rbs senate shall choose their other of3ocrs and
also President frp ieeFafs in ihe ai-cncc oi sAe
81 President Of the United states
This mandatory clause IS enforced in the
fourth standing rule Of the Senate IN the iol.
lowing words:
I'm the asssncc 81 The VIcs- President the senate
shall choose 8 President pro irasl'err
The intention 20 be absent, or actualabseDce
from any cause. mast be made known to the
Senate bv the Vice. President 10 authorize the
choice OF a President pro te1ap0re The prac-
ice has been for the Vice President 70 retire
from the chair toward the close OF session,
when no President pro feHiporc had been pre-
viously chosen. to enable the Senate TO make
an election Of that officer, and thus 10 protect
the Presidential succession.
Bv accident. q, the late session Mr.. Arihar
failed TO take this usual course, aud the Sen
are adjourned without having had the opPor
tuuity 10 choose a President pro tenipore.
Such an accident should not oecur again
Hereafter the law should either impose this
dpiy on the Eice-PTesldeni, excluding any
discretion on his part, or should direct the
Senate, without notice from him, 20 choose n
President pro tsmp0re.
The new Congress will regularly meet by
Law on the 6rst Monday Of December With
out an axtra session. no Speaker can be elect
cd prior TO that day Therefore, the provision
OF he act Of 1872, that the Speaker OF the
House, in one Of the named contingencies
shall act as President, IS nov iueperauVe
In the eye Of the Law tie President Is sup
posed to be constantly present 70 the discharge
OF his duties, By the provision made Tor re-
moval death, resignation. or disability.
Even the brief delay ia an Inauguration OF the
President. when the 3sh Of March has fallen
on Sunday. has caused anxiety, from csusing
break in the continued occupancy OF the
oifiee.
In presence Of the actual situation there IS
still graver reason for regret that any safeguard
should be wanting 70 eontinue the line nn'
broken to the point where il is ieit by law
While there may be no danger Of anarchy
from the temporary absence Of a constitution
Al President, still il is the part Of wisdom g
run no risks, aud, above all things, 70 avoid
any pernicioas precedent opening the door to
inRovaiion.-Ne1r York SHH