Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-01-05
THE PRESIDENTIAL SUCCESSION.
Some Interesting Points.

some Interesting Points.
VIEWS OF SENATOR ANTHONY AND oTHERS-wHAT A
SUPREME COURT JUSTICE sAYs-oP1NIoNs OF THE
FRtMERS OF THE CONSTITUTION.
The discussion about the presidential succession
apropoS OF the bill introduced by Representative
McCoid, OF Iowa, has provoked the expression OF
opinions by many eminent statesmen on the sub
ject.
Senator Anthony lately sad OF the present law,
known as section 1i6 OF the Revised statutes which
provides for the succession OF the President pro
te OF the Senate. II there ba none the Speaker
OF tne House OF Representatives. 10 the presidency,
In the event Of "te death. resignation. or Inability
OF both The President and Vice President" that he
did not consider thatf fulfilled hetntent the Con-
stttuion which LETT il to Congress 10 provide the
ollcer TO Ill the place In such cOntingcncy.
Senator Anthony said the presidency was an 1. Er-
ec1Hice ofce.' and should not he filed by one of
the legislative officers. lie considered the law
which passed the Senate last wear. providing for
the succession of the secretary Of State in case OF
double vacancy in the highest Offices preferable
because IL ensured the place being filled by one OF
tAe same political faith as the PreSi lent last
elected, so would be carrying out the VIII of the
people. majority OF their electors having neces-
Sarily been OF that faith
In talking with the writer In October last. ex-
senator Mcdonald said he thought that the act
providing for the succession Ia the presidency in
the event OF double vacancy in the highest
OHlceS or the President pro tenn OF the Senate or
If there be none, the Speakerof the House OF Repre-
scntatiyes. although it has stood 50 long on the
St'ilutc DOCKS, was Unconstitutional, not consider
lng either OF those named oGcers of the United
States in the sense intended 10y the Constitution
he thinks the Office OF President, when there is
neither President Or Vice President should deyolye
on the Secretary OF State, Or If he were removed
or disabled, on the other members OF the Cabinet
successfully in the order OF their accepted prece-
dence; that Is TO say, when one was unable from
any cause TO fill the vacancy another should do So
He thinks the clause in the same act OF 1892, pro-
Flding that the Secretary OF State should Issue
WritS for a new election entirely contrary to the
Spirit OF the constitution. and contends that that
instrument never contemplated any election for
President and Vice President oftener than once in
four years.
This latter objection would apply equally to
Representative McCoids bin continuing the powers
of the electors for four years and Giving them the
further right. In case OF vacancy in the two
highest Offices To order new election Tor President
ana Vice President.
WHAT THE Observation-Disclosures THOUGHT ABOUT 1T.
is curious fact. but is nevertheless fact that
those who framed the Constitution and who SUBJ
sequenty served in the First and Second Con-
crosses appear to have been almost as much in
doubt rs TO the actual intent OF some OF the pro-
visions of the Constitution IS those who now dis
cuSS them in Congress. This is eminentlv true OF
the clause therein which says: And the Congress
may ny law provide for the case OF removal death,
resignation or inability both OF the President and
Vice President declaring what officer shall then
act rs President. ana such officer Shall act accord
lliEF uhtll the disability De removed or President
shall he elected
The debate on the subject in 1871 ard 179e is full
OF interest, and contains many curious expressions
OF opinion. The following may be found in the
annals OF Congress, December .2d, 1871, when the
present law providing for the succession OF the
President OF the Senate and Speaker Of the House,
was before the House.
Mr. Giles did not think the characters referred TO
were officers In the sense intended bv the Constf-
tuition. He said: "The Constitution refers TO some
permanent officer TO be created pursuant TO the
provisions therein contained These persons are
not permanent; a permanent officer was contem-
plated; the subject not to be left to any caSuIty
II 1t could possibly be- prevented"
Mr: Sedgwick said he did not know what officer
could, with prOpriety, be said 10 be permanent: Of
hceS are held during good behavior in some IN
stances. and in Others during pleasure but il will
be impossible to say that any officer Is permanent
officer, for the expression is very extensive. He
was surprised to hear the idea controverted that
the Speaker OF the House, OF the President OF the
Senate pro tenn. is not an officer In common par
lance he was sure there was no difficulty in the
matter.
Mr.. Gerry afterwards Vice PRESIDENT observed
that some gentlemen had said the Speaker is not
an officer II he is not an officer what is he? He
then read a clause from the Constitution which
says that the House shall choose their Speaker aiad
other 0HreTS He hoped, however, that the
Speaker OF the House OF Representatives would be
struck out, in order to avoid blending the eglsla-
tive and executive branches OF the government to-
gether He considered this measure as a political
stroke OF the Senate. and expressed the hope that
the House would never consent to making their
Speaker an ''amphhious animal"
SHOULD THE CHIEF JUSTICE BE IN THE LINE OF SIC
CESSIoN?
had said the Chief Justice should be placed in the
line Of the presidential succession next to the
Speaker. Judge Black once told me he thought the
same. justice OF the Supreme Court few weeks
ago said TO me, however, that he did not think it
would he wise To so frame the law. for It might in
terfere with the 1mpartiallty OF the decisions OF
Chlel Justice as TO cases before the Supreme Court
He further said that To certainly remove the SIl-
pIeine court from danger OF having their useful
ness impaired by seeking political prtferments they
SlOtltu EIlen anD1ntfil life fO the
10y Law declared ineligible 10 any other office He
added, a judge with presidential aspirations never
could, according TO his observation. concentrate
Ills mind on the business OF the court.
John Adams, writing in 1893 .'Iaeview OF the
propositions for Amending the Constitution sub
mtted IN the L. ;. Senate in that year by Senator
accounts for neither the Chief Justice or
secretary Of State having been put IN the line Of
when the present bill was finally passed
by Congress. He wrote: "When Mr.. Benson moved
that the blank In the bill directing what officer
should hold the office OF President, in case OF the
death OF the President and Vice President, should
be lied by the Chief Justice meaning MI jaw Mr.
Madison instantly moved That 1t should be filed with
the secretary OF State. meaning Mr.. jefferson So
fierce spirit of party between the friends OF the
two rivals appeared all at once. that neither side
had the courage to engage in the debate. The blank
was never filled and the bill was dropped. And
both parties have had successor IN view from
that time TO this"
In the debate TO which Mr. Adams referred ind
that Mr.. Madison objected to the Chief Justice
being put In the line OF succession, on the ground
that II would be a blending OF tie executive and
ltiCiils ne obJecttu dlsO 10 tIt fTeolitt or the
Senate, saying: ale will be OF course Senator OF
some particular state, liable to be Instructed by the
state and viii still hold his Office. Thus he VIII
hold two Offices at once"
Mr.. Burke said, in the same debate that there
was no need TO be III hurry TO pass any bill on the
subject. for he had consulted gentleman skilled in
the doctrine of chances, who. after considering the
subject. had said that there ''an equal chance
that such contingency as the bin contemplated
would not happen more than once in $40 years.
Miss GRUMPY.
A PRISON VAN BREAKS DowN.-This morning as
the prison van was its way from the Jail TO the
Police Court, accompanied by the driver, Richard