Evening capital news. (Boise, Idaho) 1901-1927, 1912-10-17

OO00yO ~ V0WvDbuSuOWs
It IL interesting to follow the debate
OF the constitutional convention con-
corning the presidential succession. Ell
bridge Gerry had opposed the assign
ment Of the duty of presiding over
the senate to the vice president, upon
the ground that the president and the
vice president would be SO intimate
that they might as we'll make the pres
ident the presiding officer Of the SEN
ate. Governor Morris replied that then
this would be the first time in history
that an heir apparent was fond of his
father. One thought that the vice
president ought to have something else
to do besides waiting for the president
to die or be removed, and that was
why he favored giving him the presi-
dency of the senate.
The clause Under which congress has
a right to provide presidential sue
cession comes from the constitution
prior to its amendment. 1t provides
that in case both the president and
vice president resign, die. are disabled.
or are removed. congress may by law
provide what officer shall then act as
president. and such officer shall serve
accordingly. until the disability be
removed. or a president shall be elect
ed. No one yet has decided what shall
constitute disability" Some assert
that 1t cannot occur until the president
is certainly no longer able to discharge
the duties Of the office. However. why
would it then say until the disability
be removed" Some assert that when
Garfield was lying at the point Of
death his disability began when he was
shot, and that the same was the case
with Mckinley.
The first presidential succession act
was passed by congress in 1892. 1t pro-
vided that in the event that both the
president and the vice president could
not serve, that the president Of the
senate should act as president. and
that he in turn, was to be understud-
led by the speaker Of the house Of rep
resentatives. This provision was made
in the law regulating the election of
the president. 1t continued to be the
law until the succession act Of 1886
was framed.
This latter act provides for the sue
cession OF the officers Of the cabinet
in the order Of their rank down to and
including the secretary of the interior.
and provides for the calling OF a spe-
cial election. 1t limits the accession
Of these officers only to those who
have been confirmed by the senate,
who fill the eligibility specifications
Of the constitution. and who are not
under impeachment.
Third Term no Factor.
The third term matter never figured
directly in the constitutional debates,
although as long as there was any idea
that the president was to be selected by
congress he was to be ineligible even
to a second term. Some had proposed
a term during good behavior" and
others had acceded to the proposition
provided they could devise form of
impeachment or recall that would not
be too difficult of being enforced.
Others thought a seven-year term
about right. Finally they decided on
the four-year term without any in
hibition against reelection. Wash
ington declined a third term because
patriotism did not forbid his laying
down the cares Of state and his naturaI
inclination to return to private life
Jefferson declined a third term because
of the example of an illustrious prede-
cessor and because he believed it was
as much duty to give up the office at
proper time as it was to fill 1t we'll
when he held It. He said to those who
urged that there were grave problems
then to be solved and that he was the
man to solve them, that there never
would be time when difficulties would
not exist and that he was sensible
that he was not the only one who
could solve them.
Grant had no patience with the anti
third term proposition. He informe
the Pennsylvania state convention. in
May, 1876, that it might come to pass
that it would be unfortunate IL not dis
astrous II the country would not choose
man for a third term. He asserted,
however, that he was not a candidate
for denomination, and that he would
not accept one unless circumstances
rendered 1t imperative that ne should
do so-circumstances not likely to
arise. However, in 1880 1t was differ.
ent with him, and he would have ac-
cepted third term then II he could
have secured the Republican nomina-
ton.
There was nothing in any Of the
plans submitted to the constitutional
convention providing for vice presi-
dent The first time the idea of sucl
an official was brought forth was in q
report made to the convention after II
had been In session several months. Il
was confessed that but for the ad-
visibility OF having the successor t.
the president chosen in the same way
that the president was chosen, the OF.
flee OF vice president would have
been about as useless as the fifth whee
to a wagon.
Tomorrow-Presiden Elections
VI-Changing the Electoral Plan
. . . o . . q . q = 4