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Sign up freeThe Rhode Island American, And General Advertiser
Providence, Providence County, Rhode Island
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Article from Baltimore Federal Gazette detailing U.S. Constitution's presidential succession rules and criticizing Vice President Gerry for preventing the Senate's appointment of a President pro tempore by not withdrawing before session's end.
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This Constitution of the United States provides that "In case of removal of the President from office, or of his death, resignation or inability, to discharge the powers and duties of the said office, the same shall devolve on the Vice-President--and 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, and such officer shall act accordingly, until the disability be removed, or a President shall be elected."--Art. II. Sec. 1. Cl. 6.
The Congress have by law provided: that in case of removal, death, &c. of both the President and Vice-President, the President of the Senate pro tempore, or if there be no President pro tem. of the Senate, the Speaker of the House of Representatives shall act as President of the United States. A President pro-tem. of the Senate can only be chosen in the absence of the Vice-President of the United States; it has therefore been customary for the Vice-President to withdraw from the Senate a few days before the end of each session, to give them an opportunity of appointing a President pro tem. as being an officer contemplated by law, on a probable event, to fill the highest station in our government.
Our very prudent and accommodating Vice President, Mr. Gerry, has thought proper in his wisdom, or his obstinacy, to prevent the appointment of such an officer by keeping his seat until the last moment of the session. We shall be glad to hear from some of his eulogizers, a good reason for such conduct.
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United States Senate
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The article explains constitutional provisions for presidential succession and congressional laws designating the President pro tempore of the Senate or Speaker of the House as acting President if both President and Vice-President are unable. It notes the custom of appointing a pro tem when the Vice-President is absent near session's end. Vice President Gerry is criticized for remaining in his seat until the last moment, preventing such an appointment.