Mr. BOUTWELL. I will briefly explain the provisions of this bill as proposed by the ComJudiciary to be amended. It changes the succession in case of vacancies in the offices both of President and of VEEP by adding to the offices named in the existing law on whom the office of President would devolve, 1st the Chief Justice of the SCOTUS; and 2nd ly, the associate justice of the Supreme Court whose commission shall be the oldest. Those are the only changes made in regard to the succession. The olaw provides that whenever vacancies shall occur in the offices, both of President and VEEP, the SecyState shall issue his order there is no discretion whatever vested in him his order to the Executives of the several States, and an election for President must take place. There are no lawful means by which the election can then be avoided. Now, the ComJudiciary have examined the matter in reference to whether it is possible by law to provide for the election of President and VEEP to fill out the term for which the President and VEEP last elected were originally elected. I believe the committee are unanimously of the opinion that there is no power in Congress to Fo a law, to fill the vacancy by an election. f an election takes place under the of law it must be for 4 years from the 4t day of the March next ensuing the day of election. The objection to the existing law is this: the presidential term covers 2 Congresses. If a vacancy should occur at any time during the term of President and VEEP there are no means by which an election o the people can be avoided; and the persons elected would hold their offices for 4 years from the 4th day of the next March. As the vacancy may occur during the 1st year of a Congress, it will be seen that the symmetry of our Government as shown by the presidential and congressional terms, will be in danger of injury, and there will be no power by legislative action to restore the Government to its original harmony. Now, sir, the bill proposes to change the law in this particular; it provides that when: ever a vacancy shall occur in the office of President and VEEP during the recess of Congress it shall be the duty of the person performing the duties of the office of President to convene immediately both Houses of congress. Then it is made the duty of the SecyState to issue warrants for an election, if i shall be required and directed so to do by a concurrent resolution of the 2 Houses of Congress. The effect will be to render it optional with the Congress of the U.S. to determine that there shall be an election, “or to leave thosexecutive dept of the Government to be administered until the commencement of the next regular term by the officer who may be discharging the duties of the office.