Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-07-14

there can hardly be any comparison in the
matter. 1t is simply an unfortunate fact
that the President of the United States has
been shot down in open day." T.. g..
"In case of the Presidents death do you
think it will have any bearing with reference
to the Southern people?'
"I cannot say. do not wish to discuss it.
The Southern people have nothing to do
with this matter more than the North. The
preiudices of the war are dying out, and there
is no further occasion for bringing forward
the subject. In the case of the death of Gen.
Garfield have no idea of what Gen. Arthur
would do. There is no need for speculation
1t is merely waste Of time" ...... ....
4 :; THE COURSE OF THE LAW. afj
In case of the death of the President it can
be announced that the policy OF the law off,
GERS of the district will be to bring promptly
before the grand jury the case of Guiteau.
His indictment for murder it can be reason
ably anticipated, would follow within twen-
ty-four hours of the death of the President.
But after the preliminary proceedings the
further progress of the case would he in
volved in considerable doubt. Naturally
enough the expressions of opinion as to the
horrible crime have been universal in this
community, and great difficulty may reason
ably be anticipated in the formation of a
petit jury to try the offender. Then in such
a celebrated cause there would most likely
be quite an array of counsel for the defence
volunteer, of course, as Guiteau has no money,
but anxious to make all the points and all
the reputation which the opportunity afford
ed. If, as cannot he doubted, the insanity
plea is brought in, the arguments, the testi-
mony, and the opinions Of experts would con-
sume much time, in all probability weeks, al.
though ultimately the conviction and execu.
ton of the murderer would be certain. In case
of the remote contingency of hesurvival of the
President the offence of Guiteau, would, un-
der the law, be no more than an assault with
intent to- KILL the maximum penalty for
which is eight years in the penitentary. An
assault on the President is no more in the eye
of the law than an assault on the humblest
citizen, although, after what has happened, it
would seem eminently proper that an assault
On the person Of the President, whether re-
suting fatally or not. should be made CAPT.
tai offence. A distinguished surgeon of off.
cial rank has given it as his opinion that,
while there was the bare possibility of the
Presidents recovery, he did not believe he
would ever be able to resume his official du.
ties, and, in this event, official if not natural
death would result from the assault upon
him.
THE MANNER OF FILLING PRESIDENTIAL VA
CANCIEs UNDER THE CONSTITUTION.
1t will be of interest at this time to recall
the constitutional and statutory provisions in
the event of vacancy in the office of Presi-
dent of the United States. The constitution
al provision reads as follows:
In case of the removal of the President
from office or his death, resignation, or inabili-
ty to discharge the powers and duties of
the said Office, the same shall devolve on the
Vice President, and the Congress may by law
provide for the case Of removal, deayh, resig-
nation or inability both of the President and
Vice President, declaring what officer shall
then act as President, and such officer shall
act accordingly until the disability be re-
moved or a President shall be elected.
Under this article of the Constitution,
Congress has by law provided in the act of
1792:s..r. . .-..a e.-.-.a. --rs=
In case Of removal, resignation or inability
of both the President and Vice. President of
the United States, the President of the Sen
ate, or, if there is none, then the Speaker of
the House Of Representatives, for the time
being, shall act as President until the disabil.
ity is removed or President elected
AS the Senate during its recent session
failed to elect President pro tempore, and
the House of Representatives, not having
yet met, has not elected Speaker, there
exists no provisions for filling vacancy,
should Mr.. Arthur be in any way removed
or disabled, except by the process of election,
which would not, however, be consummated
before the meeting Of Congress. The pro.
vision on this subject is as follows:
Whenever the Offices of President and
Vice President both become vacant the sec-
retary of State shall forthwith cause noti-
ication thereof to be made to the Executive
of every State, and shall also cause the same
to be published in at least one of the news
papers printed in each State.
The notification shall specify that electors
of the President and Vice. President Of the
United States shall be appointed or chosen in
the several States as follows:
First, if there shall be the space of two
months yet to ensue between the date of such
notification and the first Wednesday in De-
cember then next ensuing, such notification
shall specify that the electors shall be appoint
ed or chosen within thirty.four days preced-
ing such first Wednesday in December.
If there shall not be two months between
the date of the notification and the first
Wednesday in December, then the electors
are to be chosen in the corresponding period
of the following year, except when the term
for which the President and Vice-P President
were elected would expire in the following
March, in which case of course, no special
election would he held.
THE ASSASSINATION OF LINCOLN,