How far such an exercise of power is constitutional has never yet been solemnly presented for decision. The point was hinted at in some of the debates, when the constitution was adopted; and it was then thought to be susceptible of some doubt.[1] Every sincere friend of the constitution will naturally feel desirous of upholding the power, as far as he constitutionally may.[2] But it would be more satisfactory, to provide for the case by some suitable amendment, which should clear away every doubt, and thus prevent a crisis dangerous to our future peace, if not to the existence of the government.
§ 1478. What shall be the proper proof of the resignation of the president, or vice-president, or of their refusal to accept the office, is left open by the constitution. But congress, with great wisdom and forecast, have provided, that it shall be by some instrument in writing, declaring the same, subscribed by the party, and delivered into the office of the secretary of state.[3]
§ 1479. The next clause is, "The president shall, at stated times, receive for his services a compensation, which shall neither be increased, nor diminished during the period, for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them."
§ 1480. It is obvious, that without due attention to the proper support of the president, the separation- ↑ 2 Elliot's Debates, 359, 360.
- ↑ In the revised draft of the constitution, the clause stood: "And such officer shall act accordingly, until the disability be removed, or the period for choosing another president arrive;" and the latter words were then altered, so as to read, "until a president shall be elected." Journ. of Convention, 361, 382.
- ↑ Act of 1st March, 1792, ch. 8, § 11.
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