The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1885-11-27
Gke 9ntelIigenter


couten plate-the removal usAIli IesIRua
ton or inability Of both President and
Vics.President. II, in addition to the
Vice. President, the President we're now
dead, or for any reason unable to dis
charge the duties Of his office, who would
become acting PRESIDENT
Under the circumstances as they exist,
there is absolutely no provision whatever
for the succession. Under the Constitu-
ton the Vice President succeeds the
President. 1t is further provided that
Congress may by Law provide for the sue
ces,ion when there is neither President
nor Vice President. By the act OF 1872,
tsec. I46 Revived Statu;esy The only Iegis-
lstion on the subject, Congress did pro-
vide az follows:
In case Of removal, death, resignation,
or inability OF both tue PRESIDENT tnd
Vics.Pregient Of the United States, the
President Of tho Senate, or, II there ID
none. the Speaker Of the House OF Repre-
sentaIives for tie time being, shau act as
President uutll tue disability ia removed
or a President elected.
But there is no President Of the Senate.
In view OF the lac: that the majority was
Republican and would choose one Of its
own, Mr.. Hendricks, contrary 70 custom,
did not yacalo the chair before adjourn
ment to give the senats an opportunity
TO elect a President pro TEN. Under the
statutory provision the succession would,
in such case, dcvo!ve upon the Speaker OF
the House. But there is no Speaker OF
the House, there being as ye: no House.
The House OF the Foty.eighth Congress
is dead, and the new one is not yet in be-
ing; therefore there is no Speaker.
II now President and Vice President
were dead the country would be without
Chief Magistrate, and would 80 remain
until the meeting Of Congress, now hap
PLY near at hand. Congress meets at u
o'clock on the first Monday in December.
Under any circumstances the first bust
ness OF the House would be to organize.
The Senate, biing perpetual body, is sup
posed always TO be organized. This time,
meeting without a head, it will at once
proceed to elect one, and it is to be sup
posed thatthe Presidentpro ten. 80 elected
would, in the contingency under discus
sion, become acting President OF the Uni
ted States. This is only a superstition,
for it is not so expressed in the only pro-
vision there is on the subject.
The provision, above quoted, obviously
contemplated that the Senate would never
be without President pro ten to step in
after the Vice.President. Now the Senate
has no such officer, and there might be a
time when the succession OF President
pro tenn, chosen after the death Of both
President and ViCe-President-Chosen for
the one clear purpose Of making him act
ing President-would produce unhappy
results in the country. Such succession
would be in harmony with the spirit Of
the statute; 1t would be the best thing
that could be done in bad case, but this
reasoning might not control public senti
ment and the course OF affairs.
Still another possible complication is to
be imagined. Let US suppose that at
noon on the first Monday in December
the two houses OF Congress meet; and for
some reason and in some way the House
elects q speaker before the Senate chooses
a President pro tenn: Would the Speaker
OF the House become acting President OF
the United States? There would then be
aSpeaker Of the House and yet no Presi-
dent OF the Senate. Would this bring the
Speaker within the Ecope Of the statute
providing for his succession 10 the Presi-
dency when there is no President OF the
Senate? and who is to decide this ques-
ton?
Again, let it be supposed that the Presi-
dent and Vice President had died soon
after the adjournment Of the last Con.
gress, there being, as there Was, no Presi-
dent pro TEN. OF the Senate, and no House
To have a Speaker. Only the President
can call Congress or either branch Of it in
extra session. The country would GER
tainly have been without Chief Magis-
trate until Congress could assemble at It's
appointed time, and there might have
arisen some OF the doubts and difficulties
already suggested.
WHAT'S meant by inability" as applied
10 the President and ViCe.P President is not
fully defined. When President Garfield
lay towering between life and death he
was disabled for the performance OF the
duties OF his office. Presumably that was |
Inability" within the meaning Of the
provision. A popular, powerful, bold,
ambitious Vice.President might have
seized upon that opportunity to establish |
himself at the head Of the government,
and yet nobody doubts that the country
would have disapproved that proceeding.
For the welfare Of the country
and the stability Of it's inst.
tutions we stand in imperative need Of
clear and conclusive legislation which
shall settle in all It's phases the dan.
ger.fraught question OF the presidential
succession. We must consider the pos
sible state OF the public mind; party feel.
ing, which runs high and might overrun
the bounds Of pure patriotism; what is
best for the country and, by reason OF the
universally Of its application, fair to all
parties. We cannot afford to let the mat.
ter drift.
Within the life Of this generation We
have seen two Presidents die by assassina.
ton and one Vice.P President die 4 natural
death. We have known a murderous
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