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United States presidential line of succession
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The United States presidential line of succession is the order in which officials of the United States federal government discharge the powers and duties of the office of President of the United States if the incumbent president becomes incapacitated, dies, resigns, or is removed from office (by impeachment by the House of Representatives and subsequent conviction by the Senate). The order of succession to the presidency is referred to three times in the U.S. Constitution – in Article II, Section 1, Clause 6; the 20th Amendment; and the 25th Amendment. Since the federal government was established in 1789, Congress has adopted three presidential succession acts. The current presidential line of succession was adopted in 1947 (and last revised in 2006).[1]
The succession follows the order of vice president, Speaker of the House of Representatives, President pro tempore of the Senate, and then the heads of federal executive departments who form the Cabinet of the United States. The Cabinet currently has fifteen members, beginning with the Secretary of State, and followed by the rest in the order of their positions' creation. Those heads of department who are ineligible to act as president are also ineligible to succeed the president by succession, for example most commonly if they are not a natural-born U.S. citizen.
Several constitutional law experts have raised questions as to the constitutionality of the provisions that the Speaker of the House and the President pro tempore of the Senate succeed to the presidency,[2] and in 2003 the Continuity of Government Commission raised a number of other issues with the current line of succession.[3]
Contents
[hide]
1 Current order
2 Eligibility
2.1 Eligibility requirements
2.2 Acting officers
3 Motivation for changes to the succession in 1945
4 Constitutional provisions
5 Acting President of the United States
6 History of succession law set by Congress
6.1 Presidential Succession Act 1792
6.2 Presidential Succession Act 1886
6.3 Presidential Succession Act 1947
6.4 Postmaster General removed 1971
6.5 Secretary of Homeland Security added 2006
7 Successions beyond Vice President of the United States
8 Constitutional concerns
9 See also
10 References
11 External links
Current order[edit]
The current presidential order of succession is as follows:[4]
Key
Eligible Democrat (D)
Eligible Republican (R)
Eligible Independent (I)
Eligible unknown
Not eligible
No.
Office
Current officer
1
Vice President Mike Pence (R)
2
Speaker of the House of Representatives Paul Ryan (R)
3
President pro tempore of the Senate Orrin Hatch (R)
4
Secretary of State Mike Pompeo (R)
5
Secretary of the Treasury Steven Mnuchin (R)
6
Secretary of Defense Jim Mattis (I)
7
Attorney General Jeff Sessions (R)
8
Secretary of the Interior Ryan Zinke (R)
9
Secretary of Agriculture Sonny Perdue (R)
10
Secretary of Commerce Wilbur Ross (R)
11
Secretary of Labor Alex Acosta (R)
12
Secretary of Health and Human Services Alex Azar (R)
13
Secretary of Housing and Urban Development Ben Carson (R)
–
Secretary of Transportation Elaine Chao (R)[a]
14
Secretary of Energy Rick Perry (R)
15
Secretary of Education Betsy DeVos (R)
16
Secretary of Veterans Affairs Robert Wilkie (R)[b]
17
Secretary of Homeland Security Kirstjen Nielsen (I)
Jump up ^ Not a natural-born citizen (Chao acquired U.S. citizenship by naturalization) and consequently is ineligible for the presidency.
Jump up ^ This listing assumes that acting officers whose prior appointment required Senate confirmation are eligible for the line of succession. See Acting officers below.
Cabinet officers are in line according to the chronological order of their department's creation or the department of which their department is the successor (the Department of Defense being successor to the Department of War, and the Department of Health and Human Services being successor to the Department of Health, Education and Welfare).[a]
Eligibility[edit]
Eligibility requirements[edit]
To be eligible to serve as president, a person must be a natural-born U.S. citizen, at least 35 years of age, and a resident within the United States for at least 14 years. These eligibility requirements are specified both in the U.S. Constitution, Article II, Section 1, Clause 5, and in the Presidential Succession Act of 1947 (3 U.S.C. § 19(e)).
Acting officers[edit]
Acting officers may be eligible. In 2009, the Continuity of Government Commission, a private non-partisan think tank, reported,
The language in the current Presidential Succession Act is less clear than that of the 1886 Act with respect to Senate confirmation. The 1886 Act refers to "such officers as shall have been appointed by the advice and consent of the Senate to the office therein named..." The current act merely refers to "officers appointed, by and with the advice and consent of the Senate." Read literally, this means that the current act allows for acting secretaries to be in the line of succession as long as they are confirmed by the Senate for a post (even for example, the second or third in command within a department). It is common for a second in command to become acting secretary when the secretary leaves office. Though there is some dispute over this provision, the language clearly permits acting secretaries to be placed in the line of succession. (We have spoken to acting secretaries who told us they had been placed in the line of succession.)[5]
Motivation for changes to the succession in 1945[edit]
Two months after succeeding Franklin D. Roosevelt, President Harry S. Truman proposed that the Speaker of the House and the President pro tempore of the Senate be granted priority in the line of succession over the Cabinet so as to ensure the president would not be able to appoint his successor to the presidency.[6]
The Secretary of State and the other Cabinet officials are appointed by the president, while the Speaker of the House and the President pro tempore of the Senate are elected officials. The Speaker is chosen by the U.S. House of Representatives, and every Speaker has been a member of that body for the duration of their term as Speaker, though this is not technically a requirement; the President pro tempore is chosen by the U.S. Senate and customarily the Senator of the majority party with the longest record of continuous service fills this position. The Congress approved this change and inserted the Speaker and President pro tempore in line, ahead of the members of the Cabinet in the order in which their positions were established.
In his speech supporting the changes, Truman noted that the House of Representatives is more likely to be in political agreement with the president and vice president than the Senate. The succession of a Republican to a Democratic presidency would further complicate an already unstable political situation. However, the changes to the succession, when signed into law, placed Republican House Speaker Joseph W. Martin first in the line of succession after the vice president.[7]
Some of Truman's critics said that his ordering of the Speaker before the President pro tempore was motivated by his dislike of the then-current holder of the latter rank, Senator Kenneth McKellar.[8] Further motivation may have been provided by Truman's preference for House Speaker Sam Rayburn to be next in the line of succession, rather than Secretary of State Edward R. Stettinius, Jr.[7]
Constitutional provisions[edit]
The line of succession is mentioned in three places in the Constitution:
Article II, Section 1, Clause 6 makes the vice president first in the line of succession and allows the Congress to provide by law for cases in which neither the president nor vice president can serve. The current such law governing succession is the Presidential Succession Act of 1947 (3 U.S.C. § 19).
Section 3 of the 20th Amendment provides that if the president-elect dies before his term begins, the vice president-elect becomes president on Inauguration Day and serves for the full term to which the president-elect was elected. The section also provides that if, on Inauguration Day, a president has not been chosen or the president-elect does not qualify for the presidency, the vice president-elect acts as president until a president is chosen or the president-elect qualifies. Finally, Section 3 allows the Congress to provide by law for cases in which neither a president-elect nor a vice president-elect is eligible or available to serve.
The 25th Amendment, ratified in 1967, clarified Article II, Section 1: that the vice president is the direct successor of the president. He or she becomes president if the president dies, resigns or is removed from office. The amendment also provides for the situation where the president is temporarily disabled, such as if the president has a surgical procedure or becomes mentally unfit.
The amendment also provides for vice presidential succession, by requiring vice presidential vacancies to be filled by the president and confirmed by both houses of the Congress. Previously, whenever a vice president had succeeded to the presidency or had otherwise left the office empty (through death, resignation, or removal from office), the vice presidency remained vacant until the next presidential and vice presidential terms began.
Acting President of the United States[edit]
Main article: Acting President of the United States
New president Lyndon Johnson was sworn in aboard Air Force One, following the assassination of John F. Kennedy in 1963.
Article II, Section 1 of the United States Constitution provides that:
In case of the 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 ... until the disability be removed, or a President elected.
This originally left open the question whether "the same" refers to "the said office" or only "the powers and duties of the said office." Some historians, including Edward Corwin[9] and John D. Feerick,[9] have argued that the framers' intention was that the vice president would remain vice president while executing the powers and duties of the presidency; however, there is also much evidence to the contrary, the most compelling of which is Article I, section 3, of the Constitution itself, the relevant text of which reads:
The Vice President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided.
The Senate shall chuse [sic] their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.
This text appears to answer the hypothetical question of whether the office or merely the powers of the presidency devolved upon the vice president on his succession. Thus, the 25th Amendment merely restates and reaffirms the validity of existing precedent, apart from adding new protocols for presidential disability.[original research?] Not everyone agreed with this interpretation when it was first actually tested, and it was left to Vice President John Tyler, the first presidential successor in U.S. history, to establish the precedent that was respected in the absence of the 25th Amendment.
In 1841, John Tyler became the first person to succeed to the presidency.
Upon the death of President William Henry Harrison in 1841 and after a brief hesitation, Tyler took the position that he was the President and not merely Acting President upon taking the presidential oath of office. However, some contemporaries—including John Quincy Adams,[9][10] Henry Clay[11] and other members of Congress[10][11] Whig party leaders[11] and even Tyler's own cabinet[10][11]—believed that he was only acting as president and did not have the office itself.
Nonetheless, Tyler adhered to his position, even returning, unopened, mail addressed to the "Acting President of the United States" sent by his detractors.[12] Tyler's view ultimately prevailed when the Senate voted to accept the title "President,"[11] and this precedent was followed thereafter. The question was finally resolved by Section 1 of the 25th Amendment, which specifies that "In case of the removal of the President from office or of his death or resignation, the Vice President shall become President." The amendment does not specify whether officers other than the vice president can become president rather than acting president in the same set of circumstances. The Presidential Succession Act refers only to other officers acting as president rather than becoming president.
History of succession law set by Congress[edit]
Presidential Succession Act 1792[edit]
Main article: Presidential Succession Act
Wikisource has original text related to this article:
Presidential Succession Act 1792
The Presidential Succession Act of 1792 was the first succession law passed by Congress. The act was contentious because the Federalists did not want the then Secretary of State, Thomas Jefferson, who had become the leader of the Democratic-Republicans, to follow the vice president in the succession. There were also separation of powers concerns over including the Chief Justice of the United States in the line. The compromise they worked out established the President pro tempore of the Senate as next in line after the vice president, followed by the Speaker of the House of Representatives.
In either case, these officers were to "act as President of the United States until the disability be removed or a president be elected." The Act called for a special election to be held in November of the year in which dual vacancies occurred (unless the vacancies occurred after the first Wednesday in October, in which case the election would occur the following year; or unless the vacancies occurred within the last year of the presidential term, in which case the next election would take place as regularly scheduled). The people elected president and vice president in such a special election would have served a full four-year term beginning on March 4 of the next year, but no such election ever took place.
Presidential Succession Act 1886[edit]
Wikisource has original text related to this article:
Presidential Succession Act 1886
In 1881, after the death of President Garfield, and in 1885, after the death of Vice President Hendricks, there had been no President pro tempore in office, and as the new House of Representatives had yet to convene, no Speaker either,[13] leaving no one at all in the line of succession after the vice president. When Congress convened in December 1885, President Cleveland asked for a revision of the 1792 act, which was passed in 1886. Congress replaced the President pro tempore and Speaker with officers of the president's Cabinet, with the Secretary of State first in line. In the first 100 years of the United States, six former Secretaries of State had gone on to be elected president, while only two congressional leaders had advanced to that office. As a result, changing the order of the line of succession seemed reasonable.[citation needed]
Presidential Succession Act 1947[edit]
Wikisource has original text related to this article:
Presidential Succession Act 1947
The Presidential Succession Act of 1947, signed into law by President Harry S. Truman, added the Speaker of the House and President pro tempore back in the line, but switched the two from the 1792 order. It remains the sequence used today[update]. Since the reorganization of the military in 1947 had merged the War Department (which governed the Army) with the Department of the Navy into the Department of Defense, the Secretary of Defense took the place in the order of succession previously held by the Secretary of War. The office of Secretary of the Navy, which had existed as a Cabinet-level position since 1798, had become subordinate to the Secretary of Defense in the military reorganization, and so was dropped from the line of succession in the 1947 Succession Act.
Postmaster General removed 1971[edit]
Until 1971, the Postmaster General, the head of the Post Office Department, was a member of the Cabinet, initially the last in the presidential line of succession before new officers were added. Once the Post Office Department was re-organized into the United States Postal Service, a special agency independent of the executive branch, the Postmaster General ceased to be a member of the Cabinet and was thus removed from the line of succession.[14]
Secretary of Homeland Security added 2006[edit]
The United States Department of Homeland Security was created in 2002. On March 9, 2006, pursuant to the renewal of the Patriot Act as Pub.L. 109–177, the Secretary of Homeland Security was added to the line of succession. The order of Cabinet members in the line has always been the same as the order in which their respective departments were established. Despite custom, many in Congress had wanted the Secretary to be placed at number eight on the list – below the Attorney General, above the Secretary of the Interior, and in the position held by the Secretary of the Navy prior to the creation of the Secretary of Defense – because the Secretary, already in charge of disaster relief and security, would presumably be more prepared to take over the presidency than some of the other Cabinet secretaries.[citation needed] Despite this, the 2006 law explicitly specifies that the "Secretary of Homeland Security" follows the "Secretary of Veterans Affairs" in the succession, effectively at the end of the list.[15]
Successions beyond Vice President of the United States[edit]
David Rice Atchison's tombstone (Plattsburg, Missouri), including the claim "President of the United States for One Day"
While nine vice presidents have succeeded to the office upon the death or resignation of the president, and two vice presidents have temporarily served as acting president, no other officer has ever been called upon to act as president. On March 4, 1849, President Zachary Taylor's term began, but he declined to be sworn in on a Sunday, citing religious beliefs, and the vice president was not sworn either. As the last President pro tempore of the Senate, David Rice Atchison was thought by some to be next in line after the vice president, and his tombstone claims that he was US President for the day. However, Atchison took no oath of office to the presidency either, and his term as Senate President pro tempore had by then expired.[16][17]
In 1865, when Andrew Johnson assumed the presidency on the death of Abraham Lincoln, the office of vice president became vacant. At that time, the Senate President pro tempore was next in line to the presidency. In 1868, Johnson was impeached by the House of Representatives and subjected to trial in the Senate, and if he had been convicted and thereby removed from office, Senate President pro tempore Benjamin Wade would have become Acting President. This posed a conflict of interest, as Wade's "guilty" vote could have been decisive in removing Johnson from office and giving himself presidential powers and duties. Johnson was acquitted by a one-vote margin.
In his book The Shadow Presidents, which he published in 1979, Michael Medved describes a situation that arose prior to the 1916 election, when the First World War was raging in Europe. In view of the contemporary international turmoil, President Woodrow Wilson thought that if he lost the election it would be better for his opponent to begin his administration straight away, instead of waiting through the lame duck period, which at that time had a duration of almost four months. President Wilson and his aides formed a plan to exploit the rule of succession so that his rival Charles Evans Hughes could take over the presidency as soon as the result of the election was clear. The plan was that Wilson would appoint Hughes to the post of Secretary of State. Wilson and his Vice President Thomas R. Marshall would then resign, and as the Secretary of State was at that time designated next in line of succession, Hughes would become president immediately. As it happened, President Wilson won re-election, so the plan was never put into action.[18]
New President Gerald Ford is sworn in following the resignation of Richard Nixon on August 9, 1974.
Since the 25th Amendment's ratification, its Second Section, which addresses vice presidential succession as noted above, has been invoked twice.
During the 1973 vice presidential vacancy, House Speaker Carl Albert was first in line. As the Watergate scandal made President Nixon's removal or resignation possible, Albert would have become acting president and—under Title 3, Section 19(c) of the U.S. Code—would have been able to "act as President until the expiration of the then current Presidential term" on January 20, 1977. Albert openly questioned whether it was appropriate for him, a Democrat, to assume the powers and duties of the presidency when there was a public mandate for the presidency to be held by a Republican. Albert announced that should he need to assume the presidential powers and duties, he would do so only as a caretaker. However, with the nomination and confirmation of Gerald Ford to the vice presidency, which marked the first time the Second Section of the Twenty-fifth Amendment was invoked, these series of events were never tested. Albert again became first-in-line during the first four months of Ford's presidency, before the confirmation of Vice President Nelson Rockefeller,[citation needed] which marked the second time Section 2 of the Twenty-fifth Amendment was invoked.
In 1981, when President Ronald Reagan was shot, Vice President George H. W. Bush was traveling in Texas. Secretary of State Alexander Haig responded to a reporter's question regarding who was running the government by stating:
Constitutionally, gentlemen, you have the President, the Vice President and the Secretary of State in that order, and should the President decide he wants to transfer the helm to the Vice President, he will do so. He has not done that. As of now, I am in control here, in the White House, pending return of the Vice President and in close touch with him. If something came up, I would check with him, of course.[19]
A bitter dispute ensued over the meaning of Haig's remarks. Most people believed that Haig was referring to the line of succession and erroneously claimed to have temporary presidential authority, due to his implied reference to the Constitution. Haig and his supporters, noting his familiarity with the line of succession from his time as White House Chief of Staff during Richard Nixon's resignation, said he only meant that he was the highest-ranking officer of the executive branch of the Federal government of the United States on-site, managing things temporarily until the Vice President returned to Washington.[citation needed]
Constitutional concerns[edit]
Several constitutional law experts have raised questions as to the constitutionality of the provisions that the Speaker of the House and the President pro tempore of the Senate succeed to the presidency.[20] James Madison, one of the authors of the Constitution, raised similar constitutional questions about the Presidential Succession Act of 1792 in a 1792 letter to Edmund Pendleton.[21] Two of these issues can be summarized:
The term "Officer" in the relevant clause of the Constitution is most plausibly interpreted to mean an "Officer of the United States", who must be a member of the Executive or Judicial Branch. The Speaker and the President pro tempore are not officers in this sense.
Under the principle of separation of powers, the Constitution specifically disallows legislative officials from also serving in the executive branch. For the Speaker or the Senate President pro tempore to become acting president, they must resign their position, at which point they are no longer in the line of succession. This is seen by some to form a constitutional paradox. However, the current Act specifies that the Speaker becomes president "upon his resignation as Speaker" and as a member of Congress,[22] allowing for a seamless transition.
In 2003 the Continuity of Government Commission suggested that the current law has "at least seven significant issues ... that warrant attention", specifically:[23]
The reality that all figures in the current line of succession work and reside in the vicinity of Washington, D.C. In the event of a nuclear, chemical, or biological attack, it is possible that everyone on the list would be killed or incapacitated.
Doubt (such as those expressed above by James Madison) that congressional leaders are eligible to act as president.
A concern about the wisdom of including the President pro tempore in the line of succession as the "largely honorific post traditionally held by the longest-serving Senator of the majority party". For example, from January 20, 2001, to June 6, 2001, the President pro tempore was then-98-year-old Strom Thurmond of South Carolina.
A concern that the current line of succession can force the presidency to abruptly switch parties mid-term, as the president, Speaker, and the President pro tempore are not necessarily of the same party as each other.
A concern that the succession line is ordered by the dates of creation of the various executive departments, without regard to the skills or capacities of the persons serving as their Secretary.
The fact that, should a Cabinet member begin to act as president, the law allows the House to elect a new Speaker (or the Senate, a new President pro tempore), who could in effect remove the Cabinet member and assume the office themselves at any time.
The absence of a provision where a president is disabled and the vice presidency is vacant (for example, if an assassination attempt simultaneously wounded the president and killed the vice president).
See also[edit]
Central Locator System
Designated survivor
List of United States presidential assassination attempts and plots
United States presidential line of succession in fiction
References[edit]
Jump up ^ 61 Stat. 380, codified at 3 U.S.C. § 19
Jump up ^ "Is the Presidential Succession Law Constitutional?", Akhil Reed Amar, Stanford Law Review, November 1995.
Jump up ^ First Report p. 4, continuityofgovernment.org Retrieved December 28, 2010 via Internet Archive to repair dead link
Jump up ^ Wilson, Reid (October 20, 2013). "The Presidential order of succession". The Washington Post. ISSN 0190-8286. Retrieved November 10, 2015.
Jump up ^ "The Continuity of the Presidency," Continuity of Government Commission, June 2009, p. 34. (Archived by WebCite at [1] Accessed: 2012-05-23)
Jump up ^ "Special Message to the Congress on the Succession to the Presidency. June 19, 1945" by President Harry S. Truman; from the American Presidency Project archives
^ Jump up to: a b Wildavsky, Aaron B. (2003). Horowitz, Irving, ed. The revolt against the masses and other essays on politics and public policy (Google Books). Transaction Publishers. p. 122. ISBN 978-0-7658-0960-5. Retrieved July 24, 2009.
Jump up ^ "kipnotes.com - Nachrichten zum trading -". kipnotes.com - Nachrichten zum trading.
^ Jump up to: a b c Schlesinger, Arthur M., Jr. (Autumn 1974). "On the Presidential Succession". Political Science Quarterly. 89 (3): 475, 495–496. JSTOR 2148451.
^ Jump up to: a b c Rankin, Robert S. (Feb 1946). "Presidential Succession in the United States". The Journal of Politics. 8 (1): 44–56. doi:10.2307/2125607. JSTOR 2125607.
^ Jump up to: a b c d e Abbott, Philip (Dec 2005). "Accidental Presidents: Death, Assassination, Resignation, and Democratic Succession". Presidential Studies Quarterly. 35 (4): 627, 638. doi:10.1111/j.1741-5705.2005.00269.x. JSTOR 27552721.
Jump up ^ Crapol, Edward P. (2006). John Tyler: the accidental president. UNC Press Books. p. 10. ISBN 978-0-8078-3041-3. OCLC 469686610.
Jump up ^ Lewis, Charlton Thomas; Willsey, Joseph H. (1895). Harper's Book of Facts: a Classified History of the World; Embracing Science, Literature, and Art. New York: Harper & Brothers. p. 884. LCCN 01020386. Retrieved April 24, 2011.
Jump up ^ "U.S. Postmasters General". postalmuseum.si.edu. Retrieved November 10, 2015.
Jump up ^ US Congress (2005). USA PATRIOT Improvement and Reauthorization Act OF 2005. 109th Congress Public Law 177. Retrieved on October 29, 2015 from http://www.gpo.gov/fdsys/pkg/PLAW-109publ177/html/PLAW-109publ177.htm.
Jump up ^ "1801: President for a Day -- March 4, 1849". May 29, 2014.
Jump up ^ David Mikkelson (October 8, 2007). "President for a Day". snopes.
Jump up ^ Medved, Michael (1979). The Shadow Presidents: The Secret History of the Chief Executives and Their Top Aides. New York, U.S.A.: Times Books. p. 149. ISBN 0-8129-0816-3.
Jump up ^ "Alexander Haig", Time, April 2, 1984
Jump up ^ "Is the Presidential Succession Law Constitutional?" Archived January 24, 2005, at the Wayback Machine., Akhil Reed Amar, Stanford Law Review, November 1995.
Jump up ^ "Article 2, Section 1, Clause 6: James Madison to Edmund Pendleton".
Jump up ^ Wikisource:Presidential Succession Act 1947
Jump up ^ First Report p. 4, continuityofgovernment.org Retrieved December 28, 2010 via Internet Archive to repair dead link
External links[edit]
Ask Gleaves: Presidential Succession from the website of Grand Valley State University
"Presidential Line of Succession Examined", a September 20, 2003 article from the Milwaukee Journal Sentinel
"WI Presidential Succession Act of 1947 held unconstitutional", David Tenner, Usenet group: soc.history.what-if, January 14, 2003.
Fools, Drunkards, & Presidential Succession from the Federalist Society website
Testimony of M. Miller Baker from the U.S. Senate website
The Presidency: Preserving Our Institutions Second report of the Continuity of Government Commission, June 2009 (includes the text of the Presidential Succession Acts of 1792, 1886 and 1947)
[show]
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Presidential line of succession in the United States of America
Vice President (Mike Pence)
Speaker of the House of Representatives (Paul Ryan)
President pro tempore of the Senate (Orrin Hatch)
Secretary of State (Mike Pompeo)
Secretary of the Treasury (Steven Mnuchin)
Secretary of Defense (Jim Mattis)
Attorney General (Jeff Sessions)
Secretary of the Interior (Ryan Zinke)
Secretary of Agriculture (Sonny Perdue)
Secretary of Commerce (Wilbur Ross)
Secretary of Labor (Alex Acosta)
Secretary of Health and Human Services (Alex Azar)
Secretary of Housing and Urban Development (Ben Carson)
Secretary of Transportation (Elaine Chao[b])
Secretary of Energy (Rick Perry)
Secretary of Education (Betsy DeVos)
Secretary of Veterans Affairs (Robert Wilkie)
Secretary of Homeland Security (Kirstjen Nielsen)
Jump up ^ Never confirmed by and with the advice and consent of the Senate and thus ineligible for the presidential line of succession.
Jump up ^ Although Elaine Chao is the current Secretary of Transportation, she is not a natural-born citizen (acquired U.S. citizenship by naturalization) and thus ineligible for the presidency.
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text:
Japan–Korea Treaty of 1905
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (November 2017) (Learn how and when to remove this template message)
For the earlier treaties between Japan and Korea in 1905, see Japan–Korea Agreement of April 1905 and Japan–Korea Agreement of August 1905.
Japan–Korea Treaty of 1905
The treaty on display
Drafted
November 9, 1905; 112 years ago (1905-11-09)
Signed
November 17, 1905; 112 years ago (1905-11-17)
Location
Jungmyeongjeon Hall, Hanseong, Korea
Effective
November 17, 1905; 112 years ago (1905-11-17)
Signatories
Japan
Korea
Japan–Korea Treaty of 1905
Japanese name
Kanji
第二次日韓協約
Hiragana
だいにじにっかんきょうやく
[show]Transcriptions
Revised Hepburn
Dai-niji nikkan kyōyaku
Korean name
Hangul
을사늑약
Hanja
乙巳勒約
[show]Transcriptions
Revised Romanization
Eulsa neugyak
McCune–Reischauer
Ŭlsa nŭkyak
Alternate Korean name
Hangul
제2차 한일협약
Hanja
第二次韓日協約
[show]Transcriptions
Revised Romanization
Je-i-cha Han-il Hyeop-yak
McCune–Reischauer
Che-i-ch'a Han-il Hyŏp-yak
The Japan–Korea Treaty of 1905, also known as the Eulsa Treaty, Eulsa Unwilling Treaty or Japan–Korea Protectorate Treaty, was made between the Empire of Japan and the Korean Empire in 1905. Negotiations were concluded on November 17, 1905.[1] The treaty deprived Korea of its diplomatic sovereignty and made Korea a protectorate of Imperial Japan. It resulted from Imperial Japan's victory in the Russo-Japanese War in 1905.[2]
Contents
[hide]
1 Names
2 Background
3 Formation of treaty
4 Treaty provisions
4.1 Controversy
5 Rescission
6 See also
7 References
8 Bibliography
Names[edit]
In the metonymy Eulsa Treaty,[3] the word Eulsa or Ulsa derives the Sexagenary Cycle's 42nd year of the Korean calendar, in which the treaty was signed.[4] The treaty is identified by several names including Second Japan–Korea Convention (Japanese: 第二次日韓協約, Korean: 제2차 한일협약, 第二次韓日協約),[5] Eulsa Restriction Treaty (Korean: 을사늑약, 乙巳勒約),[5] Eulsa Protection Treaty (Japanese: 乙巳保護条約, Korean: 을사보호조약),[citation needed] and Korea Protection Treaty (Japanese: 韓国保護条約).[citation needed]
Background[edit]
Following Imperial Japan’s victory in the Russo-Japanese War, with its subsequent withdrawal of Russian influence, and the Taft–Katsura Agreement, in which the United States allegedly agreed not to interfere with Japan in matters concerning Korea, the Japanese government sought to formalize its sphere of influence over the Korean Peninsula.
Delegates of both Empires met in Seoul to resolve differences in matters pertaining to Korea’s future foreign policy; however, with the Korean Imperial palace under occupation by Japanese troops, and the Imperial Japanese Army stationed at strategic locations throughout Korea, the Korean side was at a distinct disadvantage in the discussions.
Formation of treaty[edit]
Jungmyeongjeon Hall, where the treaty was signed
On 9 November 1905, Itō Hirobumi arrived in Hanseong and gave a letter from the Emperor of Japan to Gojong, Emperor of Korea, asking him to sign the treaty. On 15 November 1905, he ordered Japanese troops to encircle the Korean imperial palace and threatened the emperor in order to force him to agree to the treaty.
On 17 November 1905, Ito and Japanese Field Marshal Hasegawa Yoshimichi entered the Jungmyeongjeon Hall, a Russian-designed building that was once part of Deoksu Palace, to persuade Gojong to agree, but he refused. Ito pressured the cabinet with the implied, and later stated, threat of bodily harm, to sign the treaty.[6] According to 한계옥 (Han-Gyeok), Korean prime minister Han Gyu-seol disagreed, shouting loudly. Ito ordered the guards to lock him in a room and said if he continued screaming, they could kill him.[7] The Korean cabinet signed an agreement that had been prepared by Ito in the Jungmyeongjeon. The Agreement gave Imperial Japan complete responsibility for Korea's foreign affairs,[8] and placed all trade through Korean ports under Imperial Japanese supervision.
Treaty provisions[edit]
This treaty deprived Korea of its diplomatic sovereignty,[9][10][11] in effect making Korea a protectorate of Imperial Japan.[12] The provisions of the treaty took effect on November 17, 1905, and it laid the foundation for the Japan–Korea Treaty of 1907, and subsequent annexation of Korea in 1910.[13]
The treaty was deemed to have gone into effect after it received the signature of five Korean ministers:[14]
Minister of Education Lee Wan-yong (이완용; 李完用)
Minister of Army Yi Geun-taek (이근택; 李根澤)
Minister of Interior Yi Ji-yong (이지용; 李址鎔)
Minister of Foreign Affairs Park Je-sun (박제순; 朴齊純)
Minister of Agriculture, Commerce and Industry Gwon Jung-hyeon (권중현; 權重顯)
Emperor Gojong of Korea did not assent or sign the treaty. Other officials who disputed the treaty included:
Prime Minister Han Gyu-seol (한규설; 韓圭卨)
Minister of Finance Min Yeong-gi (민영기; 閔泳綺)
Minister of Justice Yi Ha-yeong (이하영; 李夏榮, Later, however, he turned from opposing to agreeing to the treaty)
Controversy[edit]
Gojong's analysis of the "treaty of 1905"
Emperor Gojong sent personal letters to major heads of state to appeal for their support against the illegal signing.[15] As of February 21, 1908, he had sent 17 letters bearing his imperial seal, to the following eight rulers:[citation needed]
King Edward VII of the United Kingdom
President Armand Fallières of France
Emperor Nicholas II of Russia
Emperor Franz Joseph of Austria-Hungary
King Victor Emmanuel III of Italy
King Léopold II of Belgium
Emperor Kuang-hsu of China
Emperor Wilhelm II of Germany, which was personally handwritten by Gojong[15]
In 1907, Emperor Gojong sent three secret emissaries to the second international Hague Peace Convention to protest the unfairness of the Eulsa Treaty. But the great powers of the world refused to allow Korea to take part in the conference.
Not only the Emperor but other Koreans protested against the Treaty. Jo Byeong-se and Min Yeong-hwan, who were high officials and led resistance against Eulsa treaty, killed themselves as resistance. Local yangbans and commoners joined righteous armies. They were called "Eulsa Euibyeong" (을사의병, 乙巳義兵) meaning "Righteous army against Eulsa Treaty".
Rescission[edit]
This treaty, later, was confirmed to be "already null and void" by the Treaty on Basic Relations between Japan and the Republic of Korea concluded in 1965.[16]
In a joint statement on June 23, 2005, officials of South Korea and North Korea reiterated their stance that the Eulsa treaty is null and void on a claim of coercion by the Japanese.
As of 2010, South Korea was seizing property and other assets from the descendants of people who have been identified as pro-Japanese collaborators at the time of the treaty.[17]
See also[edit]
Japan portal
Korea portal
Japan–Korea Treaty of 1904
Japan–Korea Agreement of August 1904
Japan–Korea Agreement of April 1905
Japan–Korea Agreement of August 1905
Japan–Korea Treaty of 1907
Japan–Korea Treaty of 1910
Anglo-Japanese Alliance
Taft–Katsura Agreement
Treaty of Portsmouth
Root–Takahira Agreement
Unequal treaty
List of Korea-related topics
Liancourt Rocks
References[edit]
Jump up ^ Korean Mission to the Conference on the Limitation of Armament, Washington, DC, 1921–1922. (1922). Korea's Appeal , p. 35, at Google Books; excerpt, "Alleged Treaty, dated November 17, 1905."
Jump up ^ Clare, Israel et al. (1910). Library of universal history and popular science, p. 4732., p. 4732, at Google Books
Jump up ^ Pak, Chʻi-yŏng. (2000).Korea and the United Nations, p. 6, at Google Books; excerpt, "... as a first step towards the final annexation of Korea in 1910, Japan forced the Korean king, Kojong, to accept the protectorate treaty (known as the Ulsa Protectorate Treaty) after Japan had defeated Russia in the Russo-Japanese War (1904–1905), following its victory in the Sino-Japanese War (1904–1995)"; Cordier, Henri et al. (1905). "Traité entre le Japon et la Corée," Revue internationale de Sinologie , p. 633, at Google Books
Jump up ^ Kodansha encyclopedia of Japan, Vol 4, 1983, p. 289; "Ulsa is the designation in the sexagenary cycle for the year corresponding to 1905"
^ Jump up to: a b 을사조약 (in Korean). Naver/Doosan Encyclopedia.
Jump up ^ McKenzie, F. A. Korea's Fight for Freedom. 1920.
Jump up ^ 이토 히로부미는 직접~ :한계옥 (1998년 4월 10일). 〈무력을 앞장 세워 병탄으로〉, 《망언의 뿌리를 찾아서》, 조양욱, 1판 1쇄, 서울: (주)자유포럼, 97~106쪽쪽. ISBN 89-87811-05-0
Jump up ^ United States. Dept. of State. (1919). Catalogue of treaties: 1814–1918, p. 273, at Google Books
Jump up ^ "Deoksu Jungmyeongjeon". June 23, 2008. Retrieved May 4, 2009.
Jump up ^ Uk Heo, Terence Roehrig (2010). South Korea Since 1980. Cambridge University Press. p. 9.
Jump up ^ "Independence leader Kim Koo". April 28, 2008. Retrieved May 4, 2009.
Jump up ^ The history of Korea, pp. 461–62, Homer Hulbert
Jump up ^ Carnegie Endowment (1921). Pamphlet 43: Korea, Treaties and Agreements, p. vii, at Google Books
Jump up ^ The signers of the treaty have been criticized by later Korean historians as the Five Eulsa Traitors
^ Jump up to: a b Lee Hang-bok. "The King's Letter," English JoongAng Daily. September 22, 2009.
Jump up ^ "Treaty on Basic Relations between Japan and the Republic of Korea". "It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910 are already null and void."
Jump up ^ Julian Ryall (July 14, 2010). "South Korea targets Japanese collaborators' descendants". telegraph.co.uk.
Bibliography[edit]
Beasley, William G. (1987). Japanese Imperialism, 1894–1945. Oxford: Oxford University Press. ISBN 0198215754 ISBN 9780198215752; ISBN 9780198221685; OCLC 14719443
Carnegie Endowment for International Peace, Division of International Law. (1921). Pamphlet 43: Korea, Treaties and Agreements." The Endowment: Washington, D.C. OCLC 1644278
Clare, Israel Smith; Hubert Howe Bancroft and George Edwin Rines. (1910). Library of universal history and popular science. New York: The Bancroft society. OCLC 20843036
Cordier, Henri and Edouard Chavannes. (1905). "Traité entre le Japon et la Corée," Revue internationale de Sinologie (International Journal of Chinese studies). Leiden: E. J. Brill. OCLC 1767648
Duus, Peter (1995). The Abacus and the Sword: The Japanese Penetration of Korea, 1895–1910. Berkeley: University of California Press. ISBN 9780520086142 ISBN 0520086147; ISBN 978-0-520-21361-6; ISBN 0-520-21361-0; OCLC 232346524
Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921–1922. (1922). Korea's Appeal to the Conference on Limitation of Armament. Washington: U.S. Government Printing Office. OCLC 12923609
Pak, Chʻi-yŏng. (2000). Korea and the United Nations. The Hague: Kluwer Law International. ISBN 9789041113825; OCLC 247402192
Tae-Jin, Yi. "Treaties Leading to Japan’s Annexation of Korea: What Are the Problems?." Korea Journal 56.4 (2016): 5-32. online
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Japan-Russia Additional Treaty (1857)
Treaty of Amity and Commerce (United States – Japan) (1858)
Treaty of Amity and Commerce between the Netherlands and Japan (1858) (ja)
Treaty of Amity and Commerce between Russia and Japan (1858)
Anglo-Japanese Treaty of Amity and Commerce (1858)
Treaty of Amity and Commerce between France and Japan (1858)
Treaty of Amity and Commerce between Portugal and Japan (1860)
Treaty of Amity and Commerce between Prussia and Japan (1861)
London Protocol (1862)
Agreement of Paris (1864) (ja)
Treaty of Amity and Commerce between Belgium and Japan (1866)
Treaty of Amity and Commerce between Italy and Japan (1866)
Meiji period
(1868–1912)
Treaty of Friendship, Commerce and Navigation between Spain and Japan (1868)
Treaty of Friendship, Commerce and Navigation Austria-Hungary and Japan (1869)
Sino-Japanese Friendship and Trade Treaty (1871)
Treaty of Amity and Commerce between Hawaii and Japan (1871)
Treaty of Friendship, Commerce and Navigation between Peru and Japan (1873)
Engagement between Japan and China respecting Formosa of 1874
Treaty of Saint Petersburg (1875)
Japan–Korea Treaty of 1876
Japan–Korea Treaty of 1882
Japan-Hawaii Labor Immigration Treaty (1884)
Japan–Korea Treaty of 1885
Convention of Tientsin (1885)
Declaration of Amity and Commerce between Thailand and Japan (1887)
Treaty of Friendship and Commerce between Mexico and Japan (1888)
Anglo-Japanese Treaty of Commerce and Navigation (1894)
Treaty of Commerce and Navigation between Japan and the USA (1894)
Italo–Japanese Treaty of Commerce and Navigation (1894)
Japan-China Peace Treaty (1895)
Treaty of Friendship, Commerce and Navigation between Brazil and Japan (1895)
Treaty for returning Fengtian Peninsula (1895) (ja)
German–Japanese Treaty of Commerce and Navigation (1896)
Komura-Weber Memorandum (1896)
Yamagata–Lobanov Agreement (1896)
Japan–China Treaty of Commerce and Navigation (1896) (ja)
Franco–Japanese Treaty of Commerce and Navigation (1896)
Japan–Netherlands Treaty of Commerce and Navigation (1896)
Treaty of Friendship, Commerce and Navigation between Chile and Japan (1897)
Treaty of Friendship, Commerce and Navigation between Argentina and Japan (1898)
Nishi–Rosen Agreement (1898)
Japan-Thailand Friendship, Commerce and Navigation Treaty (1898)
Boxer Protocol (1901)
Anglo-Japanese Alliance (1902)
Japan-China Additional Treaty of Commerce and Navigation (1903) (ja)
Japan–Korea Treaty of 1904
Japan–Korea Agreement of August 1904
Japan-Russia Treaty of Peace (1905)
Taft–Katsura agreement (1905)
Japan–Korea Treaty of 1905
Additional Agreement of the Japan-China Treaty relating to Manchuria (1905) (ja)
Franco-Japanese Treaty of 1907
Japan–Korea Treaty of 1907
Russo-Japanese Agreement of 1907
Gentlemen's Agreement of 1907
Root–Takahira Agreement (1908)
Japan-China Agreement relating to Manchuria and Jiandao (1909) (ja)
Russo-Japanese Agreement of 1910
Japan–Korea Treaty of 1910
Treaty of Commerce and Navigation between Japan and the USA (1911)
Anglo-Japanese Treaty of Commerce and Navigation (1911)
North Pacific Fur Seal Convention of 1911
Russo-Japanese Agreement of 1912
World War I–II
(1912–45)
Japan-China Treaty of 1915
Russo-Japanese Agreement of 1916
Lansing–Ishii Agreement (1917)
Japan-China Co-defense Military Pact (1918) (ja)
Treaty of Versailles (1919)
Covenant of the League of Nations (1919)
Treaty of Saint-Germain-en-Laye (1919)
Treaty of Neuilly-sur-Seine (1919)
Svalbard Treaty (1920)
Gongota Agreement of 1920
Treaty of Sèvres (1920)
Treaty of Trianon (1921)
Four-Power Treaty (1921)
Nine-Power Treaty (1922)
Treaty concerning solution of Shandong issues (1922) (ja)
Washington Naval Treaty (1922)
Treaty of Lausanne (1923)
Klaipėda Convention (1924)
Soviet–Japanese Basic Convention (1925)
German–Japanese Treaty of Commerce and Navigation (1927)
Kellogg–Briand Pact (1928)
Japan-China Customs Agreement (1930)
London Naval Treaty (1930)
Cease Fire Agreement in Shanghai (1932) (ja)
Japan-Manchukuo Protocol (1932)
Tanggu Truce (1933)
India-Japan Agreement of 1934
Japan-Manchukuo-Soviet Protocol for Cession of North Manchuria Railway (1935) (ja)
He–Umezu Agreement (1935)
Chin-Doihara Agreement (1935)
Canada-Japan New Trade Agreement (1935)
Japan-Netherlands Shipping Agreement (1936)
Anti-Comintern Pact (1936)
Hart-Ishizawa Agreement (1937)
India-Japan Agreement of 1937
Van Mook-Kotani Agreement (1938)
Tripartite Pact (1940)
Japan-China Basic Relations Treaty (1940)
Japan-Manchukuo-China Joint Declaration (1940) (ja)
Soviet–Japanese Neutrality Pact (1941)
Japan-Thailand Attack/Defence Alliance Treaty (1941) (ja)
Japanese Instrument of Surrender (1945)
During Cold War
(1945–89)
Security Treaty between the United States and Japan (1951)
Treaty of San Francisco (1951)
Sino-Japanese Peace Treaty (1952)
Treaty of Peace between Japan and India (1952)
Treaty of Peace between Japan and Burma (1954)
Japan–Philippines Reparations Agreement (1956)
Soviet–Japanese Joint Declaration of 1956
Treaty of Peace between Japan and Indonesia (1958)
Japan–South Vietnam Reparations Agreement (1959)
Japan–US Treaty of Mutual Cooperation and Security (1960)
Tokyo Convention (1963)
Japan–South Korea Treaty (1965)
Ogasawara Reversion Agreement (1968)
Okinawa Reversion Agreement (1971)
Japan–China Joint Communiqué (1972)
Japan–North Vietnam Agreement (1973)
Japan–China Trade Agreement (1974)
Basic Treaty between Japan and Australia (1976)
Sino–Japanese Peace and Friendship Treaty (1978)
Retrieved from "https://en.wikipedia.org/w/index.php?title=Japan–Korea_Treaty_of_1905&oldid=833802180"
Categories:
Japan–Korea relations
Anti-Japanese sentiment in Korea
History of the foreign relations of Japan
Unequal treaties
1905 in Japan
1905 in Korea
Treaties concluded in 1905
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Treaties of the Korean Empire
November 1905 events
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CS1 uses Korean-language script (ko)
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Articles needing additional references from November 2017
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value: معاهدة أولسا – Arabic

value: Zweite Japanisch-Koreanische Übereinkunft – German

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