The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-18
PRESIDENT. NOT ACTING PRESIDENT


Judge Taft recalled to be secretary of war.
PRESIDENT, NOT ACTING PRESIDENT
Hon. Frank r. Burke advances a new
theory regarding the succession of the
Vice President of the United States To the
presidency i'm the event of the death or
disability of the President. His theory is
that in such case the Vice President does
not succeed To the office of President, but
only TO his duties, and that, consequently.
it is not necessary for a Vice President. in
such circumstances to take the oath of
Office as President, as he took the only
oath necessary when he was inaugurated
Vice President.
The question raised is technical one and
does not involve any legal or practical con-
sequences, yet, as new theory, it is worth
noticing. The Constitution provides that ''in
case Of the removal of the President from
office. or of his death, resignation or in
ability to discharge the powers and duties
of the said Office, the same shall devolve on
the Vice President" Mr.. Burke CONSTITUTES
this that the Pow ers and duties of the Of
flee shall devolve on the Vice President,
but a fairer construction is that the Of
flee itself shall devolve upon him. The pro-
vision quoted covers four cases-the re-
mOval of the President from office, his
death, his resignation, or his inability TO
discharge its powers and duties-and pro-
vides that in either case 1.-The same shall
devove on the Vice President" This has
always been construed as meaning the Of
flee with all its powers and duties, privi-
leges, emoluments and salary. Strict COM
pliance with the Constitution requires the
Vice President succeeding to the Of
flee of President and assuming it's duties, to
take the oath prescribed by that instru
ment: II do solemnly swear that 1 will
faithfully execute the Office of President of
the United States and will, to the best Of
my ability, preserve. protect and defend the
Constitution of the United States" On the
first occasion when President died in Of
fee that of William Henry Harrison. in
1910, the oath was administered to Vice
President Tyler, in the presence of the
Cabinet, by Judge Cranch, of the Circuit
Court of the District of Columbia, who GER
titled as follows:
1. William Cranch, chief judge of the Cir
cult Court of the District of Columbia.
certify that the above-named John Tyler
personally appeared before me this day,
and although he deems himself qualified to
perform the duties and exercise the powers
and office of the President on the death of
William Henry Harrison, late President Of
the United States, yet doubts may arise,
and for greater caution, took and sub
scribed the foregoing oath before me.
Thus, if there was any doubt on the point
the authorities of that day resolved it in
favor of the view that the Vice President
powers of the office, but TO the Of
fee itself. and should take the oath
as President. This construction has been
followed ever since. When President
Taylor died, July ., 1850 the Cabinet
in a joint communication, informed Vice
President Willard Fillmore of the fact and
he replied in a note expressing his deep re-
greet and saying that he would Immediately
appoint time and place for taking the
oath Of office prescribed to the President Of
the United States" He also notified the
Senate that i'm consequence of the death of
President Taylor, 81 shall no longer occupy
the chair of the Senate" showing that he
considered his official relations to the gov
eminent and his official status had changed.
Mr.. Fillmore notified Congress that at noon
of July 10 II will, in the presence of both
houses of Congress, take the oath pre-
prescribed by the Constitution to enable me
to enter on the execution of the office which
hos ma IL haId
that the office devolved upon him. not mere
ly its duties. When President Lincoln died
the members of the Cabinet. including the
attorney general notified Vice President
Johnson of the fact in writing, stating.
by the death of President Lincoln the
office of President has devolved under the
Constitution. upon you" Chief Justice
Chase administered the oath as President
TO Mr.. Johnson, and no question was raised
as to the propriety of his taking it. When
President Garfield died the Cabinet notified
Vice President Arthur and advised him Ito
take the oath of office as President of the
United States without delay" Secretary
Blaine notified all foreign ministers that
Vice President Arthur had taken the oath
of office as President, ito which office he
succeeds by virtue of the Constitution -
Thus it will be seen that the question as TO
whether the Vice President succeeded to
the office of President or only to his du-
ties. becoming acting President instead of
President, was never raised except in the
case Of Vice President Tyler, and was then
and ever afterwards settled in favor of the
view that on the death of a President the
Vice President succeeds to the office itself
The death of President Mckinley made Mr..
Roosevelt President, not acting President
4 GREAT DEMONSTRATION.