The Argus. (Rock Island, Ill.) 1885-1886, 1885-12-04
THE PRESIDENTIAL SUCCESSION.

case of removal. death, resignation, or
inability both Of the president and vice
president, declaring what officer shall
then act as president; and such ofhcer
shall act accordingly until the disability
be removed or president shall be elect
ed" Congress exercised this constitu-
tional power as early as 1892 by the pas
sage of an act which now constitutes
section 146 of the revised statutes OF the
United States, and is in these words:
In case of removal, death, resignation,
or inability of both the president and
vice president of the United States, the
president of the senate. or, ii there Is
none, then the speaker OF the house OF
representatives for the time being, shall
act us president until the disability Is re-
moved or president elected, i
At this time there is no president OF
the senate or speaker of the house OF rep
resentatives. Vice President Hendricks
presided over the senate at the extra, or
specia), session held in the spring for the
confirmation of President Cleyelands
nominations The senate adjourned
without choosing Gny senator president
pro tempore to preside in the absence OF
the vice president. The term of the pres
ent house of representatives began on the
4th of March last, and there has been no
session of that body as yet. so that no
speaker has been chosen. Both officers
will be elected in December, and the pos
sibiIity that the president will die or be
come disabled in the interval is. happily.
too vague to cause moments serious
apprchepsion. Nevertheless it is evident
that the law regulating the presidential
succession should be so framed AS to pre-
vent such a state of things as has now
arisen. The sub ect ought to receive I'M
mediate attention in congress. 1t is in>
teres,ing to know that Mr.. Evarts regards
the existing law as unconstitutional Our
esteemed contemporary, the New YORK
Tribune, reports him as follows:
1t has always been my opinion that the
present law was unconstitutional. anu
80 commended in the impeachment trial OF
President johnson. In the first place.
the constitution does not give to coneress
the power to declare who shall be in the
line of succession, but only what officer
shall fill the vacancy, and, moreover, it
forbds members of congress from hold
ing any office under the government. But
of course there was great deal OF un
certainty about the matter when 1t was
under discussion originally.
Coming from so able lawyer, these
views are well worthy of careful consid>
Grafton The constitution certainly pros
vidcs that mo person holding any Office
under the United states shall be a mem
Der of either house during his continu-
ance in Office 'and there is much plausibil
ity, to say the least, in the argument that
this prohibits the president of the senate
or the speaker of the house of represen>
tatlves from acting rs president. Senator
Evarts expresses the opinion that the bill
.'preserving the succession from the Sec
rotary of the state down through the
cabinent' is probably the best arrange
ment that can be devised, and adds that
this measure is undoubtedly constitution
al. While we are not prepared to say
that some better plan might not be found.
i. mus; be admitted that this one would
at all events prevent recurrence OF the
present situation. The places in the
cabinet are almost always filled. Ii the
proposed law were now in force, instead
of having no officer designated to act as
pres dent in case of Il vacancy, we should
have seven.
The law providing who shall act rs
president in case of the death OF inability
of both the president and vice president
directs also that new election shall be
nelu TO Hi lllt NdChuClcS. lhc sttIttaiN
of state is to notify the governor of every
state that electors of apresdent or vice
president are to be appointed or choscn:
If there shall be the space of two
months yet to ensue between the date of
such notification and the first Wednesday
in December next ensuing, such notitica,
ton shall specify that the electors shall
be appointed or chosen within thirty
Four lava r,onadipu auch fret Wp1pps
day IN December. If there shall not be
the space of two months between the
date of such notification and such first
Wednesday in December. and if the term
for which the president and vice president
last in office were elected will not expire
on the third day of March next ensuing.
the notification shall specify that the
electors shall be appointed or chosen
within thirty days preceding the first
Wednesday in December in the year next
ensuing But if there shall be the space
of two months between the date of such
notification and the FIRST Wednesday in
December then next ensuing, and if the
term for which the president and vice
president last in office were elected will
expire on the third day of March next
ensuing, the notification shall not specify
that electors are to be appointed or chos
en-
The first half of the second paragraph
in the law just quoted refers to the sit.
uation as it would be in case of the i'm
mediate death or disability of Mr. Cleve-
land. The election of a president and
vice president to serve during the unex>
pred term of Cleveland and Hendricks
would be pushed over until next Novem
ber The electoral college then chosen
would vote on the first Wednesday in
December. 1886. The president and vice
president then elected would be inaug.
urated on March 4. 1887, and would serve
until the expiration of the present quad>
rennial term. namely until March 4, 1889
But between now and March 4, 1887,
there are fifteen months, during which
the powers and duties of the president
would have to be discharged by some
officer of the government acting as presi-
dent, and the duties of vice president by
some member of the senate, chosen by
that body to preside over its delibera-
tons. What officer would act as presi :
dent? The president of the senate. if
there was one, The situation which we
have been considering contains very
curious possibility.
Senator Logan is spoken of as likely
to he elected president of the senate by
\ the republican majority in that body.
y If it should thus be chosen, and if Mr..
Cleveland should die or be disabled the
defeated candidate for vice president in
the last election would become by the
force of circumstances, the acting presi
dent of the United States. and he would
serve rs such for at least fifteen months.
If he so used the power and patronage of
the White House as to procure his own