Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/344

 336 be three candidates for the presidency, and two for the vice-presidency, each of whom should receive, as nearly as possible, the same number of votes; which party, under such circumstances, is bound to yield up its own preference? May not each feel equally and conscientiously the duty to support to the end of the contest its own favorite candidate in the house of representatives? Take another case. Suppose two persons should receive a majority of all the votes for the presidency, and both die before the time of taking office, or even before the votes are ascertained by congress. There is nothing incredible in the supposition, that such an event may occur. It is not nearly as improbable, as the occurrence of the death of three persons, who had held the office of president, on the anniversary of our independence, and two of these in the same year. In each of these cases there would be a vacancy in the office of president and vice-president by mere efflux of time; and it may admit of doubt, whether the language of the constitution reaches them. If the vice-president should succeed to the office of president, ne will continue in it until the regular expiration of the period, for which the president was chosen; for there is no provision for the choice of a new president, except at the regular period, when there is a vice-president in office; and none for the choice of a vice-president, except when a president also is to be chosen.

§ 1477. Congress, however, have undertaken to provide for every case of a vacancy both of the offices of president and vice-president; and have declared, that in such an event there shall immediately be a new election made in the manner prescribed by the act.