The comet. (Johnson City, Tenn.) 1884-1916, 1885-12-10
PRESIDENT AND VICE PRES
HDENT.
A PLAIN STATEMENT OF THE PRoyIs-
IONS OF THE CONSTITUTION
AND THE LAWS.

IONS OF THE CONSTITUTION
AND THE LAWS.
A Great deal OF inaccurate writing
is getting itself printed on the sub
ject OF the succession" to the Presi-
dency that would not be printed ii
the Constitution Of the United States
were better understood. There is no
such thing as absolute succession toI
the Presidency by any one but t q
Vice President. No man can lawfuF
ly succeed to that Office except one
chosen according to the Constitution
by Electors appointed for the purpose
by the several States, or by the Repre-
sentatives Of the States in Congress
in case the Electors fail. The Vice
President is elected at the same time
with the President and for the same
term, solely as provision against an
emergency. He has no functions
while the President lives and he is
therefore made the presiding officer of
the Senate, in order to give him EN-
ployment; but that is not the purpose
OF his election and he would still be
Vice President If he had nothing to
do. In other words, while the Vice
President takes the chair Of the Sen
ate the chairman Of the Senate does
not become the Vice President.
The distinction is important. II
the President should die or be disab-
bled, the Vice President would as
sumo his place and become President
for the remainder Of the term. No
body else can do so. That the "suc-
cession" provided by the constitution.
1t provides for no other, and for other
than one method of electing a Presi-
dent or Vice President. The latter
Office is in no way essential to the OPP
erations OF the government, and when
it becomes vacant it remains SO until
another election. The situation on
the death OF the Vice President is pre-
ciselv the same as when the President
has died and duties of the Office have
deyolved on the Vice President dur
ing the remainder of that term.
That both the President and bis
constitutional alternate shold die or
be incapacitated during the term Tor
which they were elected was so i'm
| probable-as a matter Of fact it has
never yet occurred-as not to require
second Vice President. If that
should happen, the only thing tn be
done is to proceed as soon as possible
to new election. But the possibili-
ty of such an occurrence is not over
looked in the Constitution. "And
the Congress may, by law, provide for
the case OF removal, death, resigna-
ton or inability both of the President
and Vice President, declaring who.
: office shall then act as President, am
such officer shall then act accordins
ly until the disability be removed of
President be elected Congress is
not empowered to fill the vacancy 1t
simply may designate an officer to act
as President until the vacancy can be
: filled in the constitutional way.
: 1t is plain that Congress might DIES
ignate any officer it chose for the pur.
pose. What actually was done in the
act Of 1892 was to provide that in case
{ OF the death or disability Of both the
President and Vice President the Sec
retary of State shall forthwith cause
notification Of the fact to be made tC
the Executive of every State, specify
ing that electors Of a President an(
Vice President are to be appointed
|, There are certain conditions as t
time affecting this special election
: and il is provided that meanwhile
: sthe President OF the Senate, or, i
there is none, then the Seaker of tn,
House OF Representatives, for the tim,
? being, shall act as President until th'
disability be removed or Presiden
elected"
Neither Of these officers can "suc
ceed" to the Presidency in the sens
: in which the Vice President may sue
ceed. And the period during whicl
: the designated officer may "act q
|, President depends upon the date a
o which the vacancy may occur Tn
n extra election is subject to the sam
Ie laws and conditions that apply 10 til
al regular quadrennial election Til
,r Presidential electors meet in their se'
r. eral States on the first Wednesday j
,e December and it is necessary thf
es two months notice shall be given I
le the States. Thus ii a vacancy shoul
e occur at any time between this an
or next October we should simply .
through the usual form Of a PresiGel
tial election next year and the Pres
- dent of tho Senate might have an.
u where from FIVE to fifteen months
y act as President. In any case. liawf
:, Y er, he would be only locum ttnen