New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-29
No ANARCHY.

Anarchy " cannot occur under the Con-
stitution and laws of the United States. The
fact may well be mentioned now, for the
consolation of those Democratic friends who
imagine that the failure of the Senate to elect
n President pro tenn might result in anarchy
IT President Arthur should die. they say, rs
there Is no other officer to take his place,
there would be anarchy These Democratic
fellow citizens have not studied the Constitu-
tiou and laws of the United States. The
Trainers of this Government did not intend
that there should be any break or HIATUS in
executive authority, and it is wonderfully how
perfectly they provided against it. :
The so-c!llled Cabinet officers" are Known
to the Constitution and laws as Heads OF De-
partmcnts. The Constitution recognizes them
as officers of the United States Government.
(see Article /, Section ~, III whom the Con-
sress may by law vest the appointment of in
fcrior officers. The laws recognize them IA
officers of the United States who may be APP
pointed 10y the President by and with the ad-
vice and consent of the Senate. but who can
not los removed by him, (see Section l,767
Revised Statutcs). until their successors have
been appointed by and with the advice and
consent Of the Senate. The Tenure of Office
Act, passed with the especial intention of pre-
vending the removal of loyal Secretary by
Andrew Johnson, enables the President to
suspend in certain cases, but not TO remove
without consent of the Senate The Postmaster
General is the only Head of Department who
serves for Il fixed term. All the others are
appointed to serve until their Successors shall
have been qualified.
These officers of the United States have
duties defined by the laws Upon almost every
Al
requiring them to perform certain duties
some mt stated times, and others continuously.
as long as they continue to De Heads of DE.
partments. 1t has been fOolishly held by some
that these persons cease to be officers as soon
as the President by whom they were appointed
ceases to he Prcsident-n other words. that
they are merely clerks or agents of the Chief
Executive. But the laws contain no such non
sense. 1t is the custom for Heads of Depart
mcnts to tender their designations when n
new President has qualified, but that very act
implies that, up to that moment, thew arc
officers of the United States. All the laws de-
linng their duties require them to perform
those duties, and particularly to make certain
reports to Congress-, whether there is any
President alive or not.
AS if to remove all possible doubt on this
March /, 1902 (Scction l47, Revised Statutes,
requires the Secretary of State whenever the
Offices of President and Vice President both
become vacant" to give notice of n new cleo
ton of Presidential electors. Plainly, this Of
fcer continues to be a Head of Department.
and is required under the law to perform Ger
tain duties as such, when there is neither u
President nor Vice-President Other statutes
in Ike manner require the performance of du-
ties by HIM, and by other Heads of Depart
ments, irrespective of the existence of any
President. If there is Chief Executive he
can suspend, and, with advice and consent Of
the Senate, can remove these officers if there
is no Chief Executive, they hold their offices
and retain their powers until their SUCCESSORS
have been appointed and confirned-the Post
master-General alone excepted. Moreover.
nnCer SECTION IT. Ravissi Statntes in case