The Barre daily times. (Barre, Vt.) 1897-1959, 1917-03-05
SECRETARY OF STATE
NOT PRESIDENT A DAY
There Has Been No Interval in Which
the United States Government Was
Without President, According to
Chief Justice Marshall
Back in 1874.

Washington, d. c., March 5.--Historic
precedent written by Chief Justice Mar
shall in 1921 guides the Inauguration of
President Wilson to-day, and holds shat
even though March has fallen on a
Sunday there has been no interval dur
| ing which the United States has oeaa
without president a. many have o.,
lieYed. 1t also disposes OF the popaal
notion that the secretary of state has
been president for day In this interval.
Chief Justice Marshalls ruling was
made in a letter to John Quincy Adams,
then secretary OF state and who later be-
came president, who asked lor his ad-
wee.
Under date Of February 20, 1871 CHEF
Justice Marshall wrote:
"Sir:
Il have conversed with my brethren
on the subject you suggested wnen llbad
Tn. pleasure of seeing you, and will take
the liberty to communicate the result.
Gas the constitution only provides that
the president shall take the oath it pre-
scribes before he enter on the eA scution
of his office, and as the law is silent on
the subject, the time seems to be in some
measure at the discretion OF hat nigh
otf.ce. There is an obvious propriety in
taking the oath as soon as it eau con-
vcnientiy be taken, and thereby shorten
ing the interval in which the executive
power is suspended But some interval
is inevitable. The time of the actual
president will expire, and that of the
president-eleet commence, at II in thu
night OF the Sd of March. Ii has been
usual to take the oath at midday on the
4th. Thus there has been uniformly
and voluntarily an interval of II hours
during which executive power could not be
exercised. This interval may be i'm
avoidably prolonged. Circumstances may
prevent the declaration of the person
who is chosen until it shall be too late |
to communicate the intelligence of his !
election until after the 4th of March |
This occurred at the first election.
Undoubtedly, on any pressing emer- |
gency the president might take the oath |
in the first hour OF the 4th of March; /
but it has never been thought necessary |
so TO do, and he has always named such |
hour as he deemed most convenient. If |
any circumstances should render it unfit |
to take the oath on the 4th of March.
and the public business would sustain
no injury by its being deferred till the
5th, no improperly is perceived in de-
ferring it till the 5th. Whether the fact
that the 4th of March comes this year
ON Sunday be such a circumstance may
perhaps depend very much on public
opinion and feeling. OF this, from our
retired habits, there are few perhaps less
,apable of forming correct opinion than
ourselves. Might we hazard a conjec-
ture, il would rather be in favor of
the oath till Monday less
'ome official duty should require its be-
ng taken on Sunday. But others who
nix more in society then we do, can give
onjectures on this subject much more to
,e confided in than ours.
with very great respect.
II have the honor to be
Your obdt sert.
81. Marshall.
This ruling of course does not conflict
With the law of presidential succession :
which provides that in the event Of the
cath or disability of both the president !:
nd vice president the secretary of state
r other members of cabinet in order of
recedence shall serve until Congress
lects a succession.