Evening star., 1945-06-10
Capital Sidelights
BIZ Will P. Kenuedu,

MelhoeIs OF congress generally are
discussing what should be done about
correcting one Of the weak spots in our
Government-by providing for success
sion of an elected representative of the
people in the event that both the Presi-
dent and the Vice President died or
became incapacitated. This discussion
was sparked by suggestion of James
A. Farley that commission should
be appointed representing the three
branches of Government to recommend
either a constitutional amendment or
provision in law.
OF course, in the l56 years of the
presidency. the seven Vice Presidents
advanced by death to the executive Office
have lived to complete their terms, but
anything may happen. We never had
a third-term president, much less
fourth-term President until last jan
uary 20. 1t might come to pass that
President Truman would be the first to
name his successor in the White House
unless Congress does something about it,
The cloakroom argument is largely
that provision should be made for sue
cesslon by one elected by the people
that is by either the President pro
tempore Of the Senate or preferably by
the Speaker, because the latter is elect
ed by the largest number of his fellow
citizens, first by the voters in his home
district to represent them and next by
the other members of the House which
has a membership of 435 representing
that many sections of citizenship as
against So Senator votes representing
46 units Of the electorate. This discus
sion emphasizes that cabinet members
are the choice of the President and
not Of the electorate. The cabinet was
created neither by the Constitution nor
by statute law. 1t resulted from Gus
tom and the name was first used about
1893.
President Washington in 1893. during
crisis in our relations with France,
sought the advice of the United States
Supreme Court. He submitted a num-
Der of questions regarding interpreta-
ton OF treaties with France which the
justices refused to answer on the
grounds that they lay outside their
duties. Then Washington assembled
his heads of the Departments of State,
War and the Navy and his Attorney
General into a council of four, which
became recognized by the public as the
Presidents official council or cabinet.
More than 100 years ago the need for
Wel-def1ned succession was tragically
emphasized on February %, 1874. Jonn
Tyler had succeeded William Henry
Harrison, and there was no Vice Presi-
dent. The President was entertaining
his cabinet and some 200 Government
officials on the first screw warship, the
Princeton. Passing Mount Vernon.
12-inch gun, the Peacemaker, devised
by Comdr. R. R. Stockton. was fired. 1t
burst and killed Abel P. Upshur newly
appointed Secretary of State, succeed
ing Daniel Webster; Thomas w. Gilmer,
who had been Secretary of the Navy
only nine days, and six others Presi-
dent Tyler had intended to witness the
firing of the gun but had been detained
in cabin. Had he been killed, Willie
P. Mangum of North Carolina, who was
then President pro tempore of the
Senate, would have become President
under an act of Congress in 1892 which
provided that the order of succession
after the Vice President should be the
President pro tempore of the Senate
and the Speaker of the House.
That Act of 1892 was passed under
authority granted in Article II of the
Constitution-"the Congress may by law
provide for the case of removal, death,
resignation or inability, both of the
President and Vice President, declaring
what officer shall then act as President"
But the provision of 1892 was replaced
by the Presidential Succession Act in
1s86-when Congress again had been
agitated by the assassinations of Presi-
dents Lincoln in 1865 and Garfield in
1881. This specifies that after the Vice
President the succession shall pass to
the heads of the executive departments
in the order of establishment of their
Offices
Then the Goth amendment to the
Constitution, ratified February g. 1888,
which changed the inaugural date from
March to January 20, further provided
that if the President-elect died or failed
to qualify before the inaugural date,
the Vice President should act as Presi-
dent, and If both failed to qualify, Con-
gress was empowered to declare "who
shall then act at President, or the man.
ner in which one who Is to act shall be
selected"