Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1881-08-20
Important Letter.
THERE BE AN JNTERREGNUM9

persons The Government and consequent
nu nun and confusion, because OF tne
snsf." these parties assert there are only
fact orsons. Garfield and Arthur, who
two PP,tborized TO act as the chief e1ecu-
SIC ,s md if these two lives, were Dy any
tNcs' - end before the meeting of Con-
uie' '" in next December and the election
resident pro tenn of the Senate and
ol.ter of the House they say no one is
rpitl,l to act as President.
y, Gems TO me this is mistaken view as
,.hoIl rndeayor to show the succession 10
! ,' Presidency for four lives is clearly de-
snst LIST comes the duly elected Presi-
~ p.nt. end the Vice-President; 3rd the
%rcsident pro TEN Of the Senate; 4th the
tneaker of the House of Representatives
and then its generally assumed the success
sion ends. ,.,,e,,. ore
rroyided for by the constitution, and the
Constitution says Art. II, Sec. 8, ana the
congress may by law provide for the case
Of removal, death, resignation or lLaolllty'
both of the PRESIDENT AND VICE PElSiDhNi,
and declaring what officer then sh"ii ac'
IS President. h 30, Con
r-pss acted under this clause OF the con-
ss,intion and Incorporated the first words
1.-The clause into the act and passed the
following law:
nSrc. 1916. In case Of removal, death,
,osiCDation or inability OF 10th the Presi-
s,nT and Vice-PreSident Of the United
Ste,es. the President Of the Senate, or II
,h.re is meme, then the Speaker of the
Uonse of Representatives, for the time
hing. shall act rs President until the dis
abiIiIy is removed or 4 President elected.
"SEc. l47. Whenever the Offices of Pres
,,nt and Vice-Pre>ident both become va
cant. the Secretary of State shall forthwith
cou,e a Notification thereof TO be made to
n, Executive of every State, aud shall
sl.o cause the same to be published i'll at
least one OF the newspapers printed III
each state.
CSC. AS. The notification shall specify
that electors ola President and Vice-Pres-
iicntof the United States shall be appoint
81 or chosen III the several States as fol-
lows:
"Fmsr. If there shall be the space of
two months yet 10 ensue between the date
If such notification and the first Wednes-
dav i'm December then next ensuing, such
notification shall specify that the electors
shall be appoint ted or chosen within thlr-
dsy in December.
SECOND. II there shall not be the space
If two months between the date of such
notification and such first Wednesday III
December. and if the term for which the
president and Nice-President last i'll office.
were elected will not expire on the third
6ay of March next ensuing, the notllica-
ten shall specify that the electors shall
he appOnted or chosen within thirty-fOur
DAYS preceding the first Wednesday in
December in the year next ensuing. But
# there shall not be the space of two
months between the date Of such nOtitica-
ton and the first "Wednesday in December,
then next ensuing, and if the term for
which the President and Nice-PreSident
last in Office were elected will expire on
the third day of March next ensuing, the
notification shall not specify that electors
are TO be appointed or chosen.
SEC. l4S. Electors appointed or chosen
upon the notification prescribed by the
vreceliug section shall meet and give their
votes upon .hc first Wednesday vi Decem-
Der specified in the notification
Section l46 requires no Interpretation,
Is rule Of law it plainly provides two
successors to the Presidency as Congress
was authorized 10 do by the constitution.
sections 1875 and directs the Secretary
Of state 10 do and perform certain acts.
What are they and what powers are di-
Tectly or by legal Inference conferred by
shat section? These sections must be con-
adhered together. In section l41 certain
MOVERS are conferred and defined fol the
secretary of State To yerform, and in see
ton l4S specific directions are given as to
sOw he slalLperferln the duties and eXer-
else the powers, whilst section li9 closes
the whole work by the election of 4 new
PRESIDENT ASD VICE-PREsIDENT.
Whenever the Office of President and
Vice-Presidens both become vacant says
Section Ia, the Secretary Of STATE shall
forthwith oKpER AN ELECTION. That IS
fuR POWER conferred on the Secretary of
State specifically. Conferred on the Sec
Ietary of state without reference 10 the
President Pro TEN OF the Senate or Speak
OF of the House of Representatives one Of
whom is supposed TO he acting PRESIDENT.
lfCongresS had convened on the 4th OF
March last and President pro ten OF the
Senate and Speaker of the House Of Rep
rcseuta,ives had been elected and if Gar
held and Arthur were both dead The
PTesidait pro TEN Of the Senate would
now ACT As PRESIDENT. And the Secre-
tsry Of State without any conference With
him, without any reference 10 him IN
despite of him SHOULD lib ATTEMPT TO IN
fERFEHE would have to under the law
and notify the Executives of each State,
over the seal Of his Office, that the Office of
President and Fice-PreSident was vacant,
and direct each Executive on what day,
no: after the 2ul day Of NOvembeg next,
which is thir.y-four days before the first
= II - l,
pointed or chosen ELECTORS, who on the
1rst Wednesday the 7th OF l)cceDler, are
10 inert and elect President and Vice
President, whose term of Office commences
Immediately upon their selection.
The language OF the law is specific,
neither the President pro tenn Of the Sem
Rte nor the Speaker OF the House of KEEP
Tesenlatives ever become President of the
United States by the death, removal, dis
ability or resignation of the President and
Vice-PrcSident. The one or the other
shall set as President until the disability
Brcmoved or President elected.
The trainers of our constitution and our
eirlisr lawmakers were Proverbially jeal-
Gus OF comforting power upon anyone.
They endeavorcd 10 place such limitations,
70 every power conferred, rs would pre-
vent the recipient from using it to the
eelraneht or danger Of the Republic,
hence we see that acts authorized by the
constitution asd passed in Congress by
almost the same men who made the con-
'utution is goversed by that same spirit
Of caution which characterizes all their
grants of power. They made the Presi-
dent pro TEN of the Senate act as Presi-
dent Of the United states, and the Secre-
iary Of State, appointed by the duly cleo
leo President or Nice-President, provide
Tor and hold an election. There is no OPP
!oriunity given TO the accidental acting
President 10 manipulate the election or to
uSrp power he has nothing TO do with.