Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1886-05-13
&eading.
PRESIDENTIAL Succession.

One of the most important laws passed
during the present generation has lately
received the approval of the President. AL
though it is only a lar, which can be re-
pealed by Congress at any time, it is in
effect a constitutional change-not in the
sense of making an amendment of the Con-
stitution, but in that of changing the con-
stitution of the Government.
1t is provided in the Constitution that
"the Congress may by law provide for the
case of removal, death, resignation or ina
bility, both of the President and Vice-Presi-
dent, declaring what officer shall then act as
President"
Under this clause Congress passed an act
in 1892, declaring that in the event so stated
"the President of the Senate, or if there is
none, then the Speaker of the House OF
Representatives, for the time being, shall
act as President until the disability is re-
moved, or a President elected"
There is a curious bit of history connect
ed with this law. 1t was the general opin-
ion, even when the act was passed, that the
Secretary of State rather than the President
of the Senate pro tempore ought to succeed
to the Presidency; but so bitter was the OPP
position of Federalists to Mr.. Jefferson,
who was then Secretary of State, that the
succession was devolved upon the presiding
officers of the two branches of Congress.
The law so passed remained in force ninety
four years. 1t was many times attacked
during that period on various grounds, but
it is only lately that the dangers of the sys-
tenn excited alarm. Until 1881 there was
Away a President pro tempore of the Sen
ate, because it was the custom of the Vice
President to leave the chair before the close
of the session, in order that the Senate
might choose one.
But once every two years, from the close
of one Congress on the fourth of March un-
til the nesting of the next Congress in the
following December, there was no Speaker
in the House of Representatives. Twice
in the last five years there has been no
President pro tempore of the Senate, in
each case because the Vice President, con-
trary to precedent, continued to preside
over the Senate till the day of final adj
iournment. Had President Arthur died
after the death of President Garfield, be-
fore Congress met in December, 1881, or had
President Cleveland died after the death of
Vice President Hendricks, last autumn,
there would have been no person designat-
ed by the Constitution or the law to act as
President. 1t need hardly be said that a
great many times it would have happened
under the old law that a President of diff
ferent politics might have succeeded the
elected President. Under that law Sen
ator Sherman would uow become President
in the event of the death Of Mr.. Cleveland.
At last the many perils and inconven-
fences of the ancient statute have led Con-
gress to pass what is known as the Hoar
Presidential Succession bill. The princi-
pie of the new law is to make the several
members of the Cabinet, beginning with
the Secretary of State, followed by the Sec
rotary of the Treasury, and so on in order
through the list, President in cause of the
inability to act, from any case, if both the
President and Vice-President. 1t is also
provided that the cabinet officer succeeding
in such a case shall fill out the elected Pres
ident's full term. Under the old law there
would have been a new election unless the
term was nearly completed-Y YOUTHS Com
DdniOn.