Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-02-05
From the New York Statesman.

From the New York Statesman.
The PREsipENcY.-As doubts have been ex>
pressed as to the correctness Of some OF the
cases, stated by our correspondent respecting
the Presidency, and published in this paper on
Wednrsda last he has furnished the following
additional arguments in support OF his former
opinion, which We publish with pleasure:
II is thought by some tha,if only two per-
sons, A. and b. should be voted for a. Presi-
dent, aud each Of them should receive an equal
number Of electoral votes, and A. should die
before the votes should be canvassed by Con.
gress, that the House Of Representatives could
not choose B. President. because b. being the
ouly living, and of course, the only eligible can
dids,e, there could, il is said, be choice, and
the Vice President would act as President Of
course Those who maintain that the House
Of Representatives could no., in such case.
choose B. President, and that the Vice Presl'
dent would act as President Of course, are
clearly wrong The only clause In the Constr.
tuuon which authorizes the Vice Presiden, to
act as President in the case Of failure to elect
a President, is in these words: "Ana If the
House Of Repre- S. ntatiyes shall moi choose q
President, whenever The right Of choice shall
deyolve upon them, before the fourth day OF
March mex: following, then the Vice President
shall act ss President, as In the case Of the
death, or other constitutional disability Of the
President"
Now, il the RICH, Of choosing B. President,
would not devose on>the House OF Represen-
tatises, in the case supposed, the Vice PRESS
dent could not act as President. nor could any
other peson &C, as President; because no other
person can act as President, while there is a
Vice President capable Of acting as Vice Pre-
sideni; nor could there be a new election IN
such a Case, because there can DE no new cleo
lion while there is a President or Vice Presi-
dent, except to supply their places al the end
Of the four years, for which they or either OF
hem should have been elected; and thus the
United Sta es would, upon this construction OF
the Constitution, OF Necessity, be without Pre-
siden,, or any person capable Of acting as Pre-
sidenr, for four y, ars. Can a construction.
viii, involves So gross an absurdity and pro-
duces such consequence, possibly be correct!
Again: 1t is thought by some, tina: it three
persons, A. b and T. should be voted Tor as
President and A should have received ma
iorty Of the votes Of all the Electors appointed,
and A. should have died before the votes should
be canvasssd by Congress, that The House Of
Re- pre- ST ntatves could not choose B. or G. Pre-
sidrn,, and that he Vice President would act
as PrrsiGen, oil course. have before shown
thai the Vice President could not ac, as Pre,i-
IN. in the case Of the failure OF the Electors
to choose a President, unless the right Of choice
d-volved on the House of Representatives. and
:he House should also fail TO choose Presi
dent
If,hen the Vice President could, in the case
supposed, &C, as President, il mus, be on The
~ a iOr tv nj
the woes Of all the Elee tors appointed, would
thereby become Presiden,, although I've should
die before the votes should be oanvassrd by
Congress, and tina, Congress would be Obliged
in such case 10 declare A, though dead, duly
elected President o. he United States. Aud
that a, though dead thus being President, the
Vice Pres,d,nt would acl as President under
The clause IN the Constitution which provides,
that in case IF the remos al Of the President
frrm office, or of his death, resignation, or in i.
abil ~, to disc barge he powers and duties OF
,lr said office, The sme shall devoi'e on the
Vie Pre- iuen, This clause in the Conslitu
IA n clearly relates To the case Of President in
off being removed, dying, resigning, or be-
coming unable to disc harge its duties, and doe,
MT ,rlatr 10 the case of failure to elect Pre-
sideN.
The clause which authorizes the Vice Presi-
den, 10 &C, as Prrsidrnt, in the Case OF failure
TO cleo, President, is contained in one.of the
Amendments made 10 the Constitution in the
year righ,rro ,undred and three; and there
was no pro, ision Tor the case in the Constitu-
tion befurr Ia, amendment was made 10 II.
That the clause in the Constitution which
authorises the Vice President TO act as Presi-
dent, in the case of the removal, death, resig-
nation. or inability of the Presiden, clearly re-
lates TO the case Of President in Office or OF a
| Pr, siden, duly elected aud declared, is appa-
rent from this consideration; that before .he a.
mendmentS made 20 the Constitution, in The
year one thousand eight hundred and three,
| there could be no Vice President declared un-
| iii there had been Pr, siden duly elected and
declared, for the person haV,og the greatest
nu mber Of elertaral votes for Pre.idenr nrx 10
bin who was elected and declared President,
became Vie Presiden, It course; and there
fore until there was President elected and
declared, there could be no Vice President TO
act, in case Of The removal. death, resignatio n
or inability Of the President.
| In he year one thousand eight hundred and
twenty four, there were four persons vo,ed for
as President; and 1t any one Of them had recri-
we'd majority of the votes Of all the Electors
i H.. 4 r -