The Goldsboro star. [volume] (Goldsboro, N.C.) 1881-18??, 1881-06-11
THE LAW OF PRESIDENTIAL VA.
CANCIES. M
From the Goldsboro Messenger. |

From the Goldsboro Messenger.
Should the President die, which nov
seems unlikely and which Heaven fore
fend, andin any manner the Office Of tn,
Vice President become vacant. it is inter
estins 20 know what the law is for filling
the vacancies.
Article II. of the Constitution is as fol
lows
In case Of the removal of the Presi-
dent from Office or his death, resignation
or inability to discharge the powers and
duties Of the said Office, the same shall
devolve upon 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.P President,
declaring what officer shall then act as
President, and such officer shall act accord
ingly until the disability be removed or a
President shall be elected"
The power Of filling vacancies is thus
left by the Constitution with Congress.
Before the end of Washington's first Ad-
ministration the necessity for legislation
under this provision became apparent. In
1892 an act was passed. Under Title ILL.,,
Chapter l, Section 146 Of the United
States REVISED Statutes we End the terms
Of this important act Of Congress:
'sIn the case Of removal, resignation or
inability of both the President and Vice
President Of the United States, the Pres
ident of the Senate, or, if there is none,
the Speaker Of the House Of Representa-.
tives, for the time being, shall act as Pres
ldent until the disability is removed or q
President elected"
Whenever the Offices of President and
Vice. President both become vacant the
Secretary Of State shall forthwith cause
q notification 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 newspapers printed in each
State"
The notification shall specify that cleo
tors Of a 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 Wednes-
day in December then next ensuing, such
notification shall specify that the electors
shall be appointed or chosen within thirty
four days preceding such first Wednesday
in December.
IF there shall not be two months be-
..veen the date of the notification and the
hrst Wednesday in December then the
electors are to be chosenin the correspond
ing period Of the following year, except
when the term for which the President
and Vice President were elected would ex
pre- in the following March, in which
case, of course, no special election woulC
be held"
The Senate having failed 10 elect ;
President pro tempore and there being nj
Speaker Of the House of Representatives
there is absolutely no provision for filllnl
q vacancy should Mr.. Arthur die or resign
except by special election. 1t is seen from
the above provisions of the law that al
election could not be held under any cir
cumstances before thirty-four days prece
ding the time of the annual, meeting Q
Congress in December.
The fathers OF the Constitution did no
contemplate such state Of things as tn
present, or if they did they supposed tina
Congress would make some provision 70
meeting it. The failure of the act Of %
to designate some other officer to fill a va
cancy failing the President Of the Senat
and the Speaker of the House, leaves tn
republic without an Z ;ecutive head Will
the provisions WI regard to an electio
are being carr d out. 1t is nice ques
ton whether the heads Of departments
mere secretaries under the President
serving at his personal will, and going on
when he retires from Office. can perforr
any duties except by suferance after th
death of one Chief Magistrate and befor
another is inaugurated or even electet
When the act Of 1892 gave the Secretar
Of State the power to notify the Stat
Governors 1t intended to clothe him wit
an authority for that one particular, me-
essary act.