New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-07-08
THE PRESIDENTIAL SUCCESSION


THE PROVISIONS OF TILE CONsTITUuoN-wHAT
WOULD HAPPEN IN CASE OF THE DEATH OF
PRESIDENT GARFIELD AND vICE-PREsIDENr AR
THUR-No DANGER TO BE APPREIIENDED.
To the EdstOr OF TIE Tribune.
SIR: AS there has been good deal of
speculation in regard to the law covering
to the Presidential Office growing out the terrible
tempt to murder President Garfield 1t may be with
ont interest to refer to the law the subject The
language of the Constitution is case OF the re
moval of the President from Office. his dea IT, resig
nation or inability to discharge the powers and
the said office the shall deyolye Vice Pres
dent and then given to Congress provide by
law who shall act " until the disability be removed cr
President shall be elected The law far as we can as
CERTAIN which executes this provision of the Constitution
is the act approved March 1892 passed within three
years OF the formation of the Constitution
Section says, That in case of removal etc. both
OF the President and VicePresident the President of
the Senate pro tempore, and in there shall be
President of the Senate then the Speaker of
Representatives for the time being shall
dent until the disability is removed President shall
be elected.
Suppose them that Garfield should die and that
upon the of General Arthur he too shonld
either die, resign, be removed be unable exercise
his functions President, what would the result
We have Speaker of the House. President pro
tempore OF the Senate The theory OF those who
the law unquestionab that there should WAYS be
the last-named officer and without attempting place
responsibility for the failure simply TO the fact
IN the event OF the DEATH etc. OF both President
President. and had President pro tempore of the
Senate there would be nterregnum succession:
Put so far as we know could legally succeed
them should they both die at this time Provision
deed made for what should follow in the event
OF the President pro tenpore the Senate or the
speaker OF the House succeeding but beyond that
law Is silent Section 10 provides both the
offices OF Prsd mt aud President shall become va
cant he places being temporarily filled by President
Of the . senate or the Speaker of the House,,
70 the Executive OF each State specifying that
electors shall be appointed chosen within thiryfour
IN thnp
next ens'inS Provided there shall be two months be-
tween the day of notification aud Wednesday in
December But II there shall not be two months be-
tween the times IL the for which the President
and VicePresldent last in office elected shall not
expire the Sd of March ensuing then the Secre
tary OF state shall specify that the electors meet
ceinber in the year next ensuing etc.
Now let us see III apply this our present
condition: should the President and Yice-Presdert
both die in the absence OF acting President there Is
provision for the election their Should
the Senate convene at the time Presi
cent pro temp0re OF the Senate and should the
dent OF the Seuate would be acting President of the
United States should their deaths occur two months
before the usual day for holding the Presidential cleo
lion In November, the election would be held
on that day and the elected would qualify
on the 4th of March, 1882. Should they die within
the two months, thon the election could not take
Tying March A, 1888 and by Section IL they would
hold Office for the fun term of four that date
thus nakn another radical change In the time etc. of
the beginning of Presidential
The contingency OF there being acting President
Wile possible, rs matters stand, is remote.
event of the death of General Garfield Senate GER
should there DO danger reyoll-
ton. The Government coud he administered i'll its
subordinate branches and Congress would have full
power 10 ieSaiize all acts ABB
Ner-i0rk July u, 1881.