Delaware gazette and state journal., 1896-01-30


structed to report clause making pro-
vision for the administration of gov
ernment in case Of vacancies in the
Offices of President and Vice Preai-
dent. The bill was reported again on
the 2Sth of November with amendments
which were agreed to and the bill
ordered to third reading. On the
Both of November it was read a third
time and passed, with the 9th and 10th
sections substantially us they now ap-
pear in tho act Of March LIST, 1892. As
at that time the Senate sat with closed
doors there is 10 record OF the reasons
which induced it TO provide in the 9th
section Of this bill for the President
of the Senate pro tempore, or in case
there should bo none the Speaker OF
the House OF Representatives acting as
president in the event of the removal
death, resignation, or inability both
of the President and Vice President
OF the United States. Nor is there any
reason why this subject should have
been enioined in the same bill with the
provisions relative 10 the choice Of
electors and the mode of casting and
counting their votes "
THE bill was received by the House
of Representatives on the 30th of No
vember, 1891. Its cunsidera.
tlon was resumed on the 9th of Febru.
ary, when the 9th section was stricken
out, and on tho following day the
blank thus made in the bill was filled
by q provision:
And be it further enacted, That in
case Of removal death, resignation, or
inability both of the President and
Vice. President, Of the United States,
the Secretary OF State, for the time
being, shall act us President Of the
United States until the disability be
removed or President elected.'
when the bill was reported from the
committee of the whole the amendment
striking out the 9th section Of tho
Senate bill was concurred in by vote
oil 30 ayes to % nays. The
amendment substituting for this sec
tion the provision designating "the
Secretary of State'' was then agreed to
without division. On tho 1ith of
February, tine bill was further coDsid-
cred but no allusion seems then to have
been made to this portion Of it, and
on the 10Th of February, it was passed
by the House with amendments. "
On tho return Of the bill TO tho
Senate the amendments Of the House
were all agreed to on the goth OF Febru-
ary, 1872, with the exception of that to
the 9Th section, designating who should
act as President in the event Of tho
vacancy in the Offices of both President
and Vice President, and to this
amendment the Senate disagreed. "
The difference between the two
houses was thus narrowed down 10 this
single question and the bill being re.
turned TO the House of Representatives
motion was made on the 2lst of Feb
ruary that the House recede from its
amendment and this motion was agreed
to by vote of ayes 81, nays "a. n
The bill having been agreed TO by
both houses became law by the sig
nature of President Washington on the
LIST day of March, 1902, and has since
remained on the statute book entirely
unaltered, except temporarily in 1877
as to some OF the electoral provisions,
but in the respect now under consider
alton it has never been changed in any
particular. Its provisions are now EN-
bodied in title 3 Of the Revised Stat.
utes, and the particular sections Of that
title, which embrace the 9th and 10th
sections of the act Of March lsi, 1892,
are sections l46 LAT, 14S and 49, Sec
ion l46 provides:
In case of removal, death, resigna-
tion, or inability of both the President
and Vice President Of the United States
the President of the Senate, or il
there is none the Speaker Of the House
of Representatives for the time being,
shall act as President until the disa-
bility is removed or President
elected. -
"But there seems to be
other practical difficulties in the wav
of either of these functionaries acting
as President if the contingency calling
for an acting President should in tho
course of events arise. IL will bD
noticed that the power Of Congress to
provide for such casB is mower 10
designate an officer already existing
He is therefore selected as the LAWYERS
say virtute ofiicii. 1t would seem
therefore that he must continue TO hold
the office the possession of which quail
lies him for designation as acting
President; otherwise he would lose ca
pacity so TO act. The practical effect
| would be that the President pro tenn.
pore of the Senate ii designated as act.
0lE
| position as Senator and as presiding
officer of the Senate. and thus on the
| passage of any proposed law he would
have a vote as Senator when it had
/ passed both houses he would attest
the enrolled bill by his signature az
President pro tempore of the Senate
and then this enrolled bill wguld he
submitted TO him for his approval or
| dIsapprpyal as acting President Of the
| United States. The same remark would
he true II the Speaker Of the House OF
Representatives were called upon 10 act.
Could such result have been antici.
| pated by the trainers of the CuDstitu.
| ton who were so careful TO define the
lines OF demarkation between the
legislative and the executive powers
! and their respective possessorsy"
| Again the vacancy might happeu
on the lrst of March when the Sera.
\ toria tenure Of tho then President prC
tempoce might expire on the Sd of that
month, as that Of tho Speaker of the
liouse Of Representatives, necessarily
would. ~ such a case there would bt
no provision for the period following
the Sd Of March. . "If surh
vacancy should unfortunately arise
| ~ Inc present time or IN two month";
before tho first Wednesday Of next lie
ceuber what would be the practical
condition Of affairs: An election
would be made by the electors in Dc.
cember next and the President elected.
would be installed on the ilh Of Marcel
RcNt IN the midst OF the term of IN ex
listing Congress when no Senatorial or
Representative term expires. thus dis
arranging the symmetry Of the machin
cry Of our government relative to tht