The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-01-14

be no doubt about this matter, for Congress
has made no provision for such q contin-
gency. nor has the constitutional ques-
ton, which would arise, been judicially an
swered. The Constitution says that the
office OF President shall devolve on the Vice
President in the event Of the Presidents
death, resignation, or inability TO discharge
it's powers and duties. But, strictly speak
ing. we could hardly say that there had
been O President In existence into whose
place the Vice resident-elect might law
fully pass OH the ensuing 4th OF March.
Thore had been In existence a President
elect. but not q President; for the lat
ter's term of office could not begin
until his predecessor had Rone out Of
office, and he himself had been inaugurated.
The formal declaration in Congress Of the
results OF the voting done by Presidential
| electors does not make the successful can
didate a President In PRESENT., but merely
In future. We believe, however, that it
would be held, should the supposed con-
tinRency ever arise, that the Presidcntelect,
although n President In no other particular,
is a President to the extent Of enabling the
| Office to devolvo under the Constitution
| upon the Vice President-elect on the en-
suing 4th OF March.
Let us suppose, however. that a candidate
should die after the second Monday in Jan
uary, when the Presidential electors meet
at their respective State capitals and give
their votes, but before the declaration of the
result OF those votes had been made in
presence Of the two houses OF Congress
assembled in joint session; would a result
which death had nullined be accepted and
announced in Congress as the will Of the
Presidential electors and OF their constitu-
ents. with the consequence that the Vice
President-elect would practically become
the President-elect' Or would 1t be deemed
expedient for the Congress in session Mt the
timc OF the calamity. to quickly pass n law
authorizing the Presidential electors to re-
assemble on q day specified, and again
choose n PRESIDENT The friends OF the
Vice President might say that such an act
was unconstitutional, since it would de-
prive him OF n right of succession already
inchoate from the moment the votes of a
majority of the Presidential electors had
been certified for him for Vice. President.
There is also a third form which the con-
tincency in question might take: A sue
cessful candidate for the Presidency might
die before the second Monday in January,
the Gay on which, under the existing law,
the Presidential electors must meet In their
respective State capitals and give their
votes for President and Vice President. In
such n case, would the Presidential electors
deem themselves morally bound to choose
for President the successful candidate for
rho Nica- Dreaidapcy II 10 prohahIa that
they would, though n good deal might be
said upon the other side. In recent decades
IL has seldom happened that the delegates
of n party assembled in national convention
have nominated for the Presidency
a man whom they would have accepted as
their candidate for the Presidency. Would
not, therefore, the people hold the Presi-
dental electors justified IL, in the case sup
posed, they thought themselves at liberty to
resume the power OF independent choice
given them by the Constitution These are
questions which 1t Is to be most earnestly
hoped there may never be any practical &C.
casion to nsk but that is no reason why
Congress, which has so carefully guarded
against the possibility OF the death of both
the President and Vice President after their
inauguration, should not, also, provide for
the contingency here mentioned.
Another omission, not often noticed even
on this side Of the Atlantic, is pointed out
in the article contributed to the National
Rcuietc: There is no provision for the con-
veyance to n Presidential candidate OF Off
cial information OF the fact that he has been
elected President. lie only learns OF his
election through reading the newspapers.
Members Of Congress and all other officials
receive either a certificate Of election or a
commission the President Is the only one to
whom neither is given.