Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1881-07-14
The Presidential Succession.
From the New York Sun.


solemn instruction, cannot fail to call
the serious attention of rejecting minds
TO the imperfect provisions for an ex.
ecutive head OF the Government in con.
tingencies like that which now excites
the sympathy of the civilized world, si
lences the rude voice of faction, spreads
the mantle of charity over human in.
firmities, and touches every American
heart as with personal sorrow.
Under the Constitution and existing
law, what may be described as the Presi.
dental life is only prolonged in four
persons, two of whom, as in the present
case, may by different causes be cut off
from the regular succession. They are
the actual President, the Vice President,
the President pro tempore of the Senate,
and the Speaker of the House of Re.
presentatives.
Now, there is no President pro tcmpore
OF the Senate, nor Speaker Of the
House, and these vacancies will con-
tinue until the first Monday in Decem.
Der next, unless Congress should be
specially called together; and an acci.
dent might occasion void through
which Congress could not be convened
before the regular time.
The second article of the Constitution
provides as follows:
ain case of the removal of the Presi-
dent from office, or of his death, resigna-
tion, or inability 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, death, resignation, or inability,
both of the President and Vice President,
declaring what officer shall then act as
President and such officer shall act ac-
cordingly until the disabilities be removed
or President shall be elected"
In conformity with this clause, the
act of March |, 1892, declares (section
l46 of Revised Statutes) as follows:
ain case of removal, death, resignation,
or inability of both the President and Vice
President of the United States, the Presi-
dent of Senate, or, If there is none, then
the Speaker of the House of Representa-
tives, for the time being shall act rs Pres
ident until the disability is removed or a
President elected"
1t ia thus seen that the Constitution
provides for two lives in the Executive,
and that Congress has extended the
provision to two more lives, both Of the
latter being at this time Ineffective.
The inquiry will be naturally made
How does this void occur with these
seeming safeguards OF the Constitution
and OF the law?
Section OF the first article of the
Constitution, says:
"The Senate shall chose their other off
GERS, and also IA President pro te,npore in
the absence of the Vice President, or when
he shall exercise the office of President of
the United States"
This mandatory clause is enforced in
Che fourth standing rule of the Senate
in the following words:
ain the absence Of the Vice. President
the Senate shall choose E President pro
t>mpore:'
The intention to be absent, or actual
absence from any cause, must be made
known to the Senate by the Vice Pres.
dent to authorize the choice OF Presi-
dent pro tcmp9rc. The practice has been
for the Vice President to retire from
the chair toward the close of a session,
when no President pro tsmpors had been
previously chosen, to enable the Senate
TO make an election of that officer, and
thus to protect the Presidential success.
sion.
BY accident, at the late session Mr..
Arthur failed to take this usual course,
and the Senate adjourned without hav.
ing had the opportunity to choose
President pro tempOre. Such an acci'
dent should not occur again. Hereafter
the law should either impose this duty
on the Vice.President, excluding any
discretion on his part, or should direct
the Senate, without notice from him, to
choose President pro tsmpore.
The new Congress will regularly meet
by law on the first Monday Of Decem.
Der. Without an extra session, no
Speaker can be elected prior TO that
day. Therefore, the provision Of the
act of 1892, that the Speaker of the
House, in one of the named contingen
cies, shall act as President, is now inop-
erative.
In the eye of the law the President
is supposed to be constantly present in
the discharge of his duties, by the pro-
visions made for removal, death, resig-
nation, or disability. Even the brief
delay in an Inauguration OF the Presi.
dent, when the 4th Of March has fallen
on Sunday, has caused anxiety, from
causing break in the continued occu.
pancy of the Office.
In presence OF the actual situation,
there Is still graver reasons for regret
that any safeguard should be wanting
to continue the line unbroken to the
point where il is left by law. While
there may be no danger of anarchy
from the temporary absence OF q con.
stitutional President, still it is the part
of wisdom to run no risks and, above
all things, to avoid any pernicious pre-
cedent opening the door to innovation.