Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-04
CONGRESS or THE UNITED STATES
TUESDAY, JusE ., l5il.
IN SENATE

IN SENATE.
Mr Buchanan, OF Pcnnsyi wanna, and hiy Cal
houn, of South Carolina, appeared in their sca,s to
day.
message was received from theIIousc OF Re
representatives., through its Clerk, Matthew 81
Clair Clarke, Esq informing the Senate that a re
solution had been passed by that House appointing
n committee Of two ON the part Of that body To lo
buch committee might be appointed Ivy the Sen
nlc to wait the President OF the United States
inform hun that quorum OF the two Houses ha
assembled, and that Congress was ready TO procee
10 business; and asking the concurrence OF the Sen
nIe in said resolution.
MIR Huntington moved that the Senate concur il
the resolution.
The resolution having been read
MIR Allen, OF Ohio, moved 10 amend il by striking
out the words president Of the United States,
and inserting in lieu thereof tho words "the VIC
President on whom, by the desth OF the late Presi
dent, the powers and duties OF the Office OF Prcsden
have dcvolvcd."
In support of this motion Mr. Allen proceeded e
observe that 1t must be obvious to all men that, IL
offering the amendment, ho could have been actua
ted by no personal or petty consideration having
ference to the individual now at the head 1.-THE E.x
ccutive Government, but that his sole and simple
object was TO obtain an expression oil the sense o
the Senate on an important question in the inter
probation al the Constitution now arising for the FRS
lime. IL it should be held that the present ncum-
bent the Presidential chair is Vice President, anC
not President of the United States, MIR A. had n
DOUBT lhat congress Wouiu, NOTWITHSTANDING, IN con
siJera,ou OF his dschargng all the duties Of Presi
dent, him the fall salary assigned TO the Pre-
sident Mr. A. had not the least desire or design &
cripple or IN any way embarCosS the present incum
bent He could not be suspected Of poor anG
petty an object this. His sole object, he repeated
was to obtain declaration of the sense OF the Sen
in the Mr. A. said that, in the Constitution
he found the following words:
ain case OF the removal OF the President from of.
flee of his DEATH resignation OF inability to dis
charge the powers and duties of the said Office. IN,
same shall dovolve the Vice President; and Con.
grcSs may, by law, provide for the removal, death
resignation, or inability, both Of the Prssiden, anC
Wee President, declaring what officer shall then &C
President and such officer shall act accordingly
until the disability be removed, or President shat
lac elected
The first clause in this portion Of the Constitution
classified all the contingencies under which the Vice
President shall discharge the duties and exercise the
powers OF President, and It made no distinction
whatever between removal by death and removal
10y Il temporary inability TO discharge the functions
ot the Presidential office. Ii, therefore. the late
President mad been afflicted with n disease produc.
ing, fora Time, state Of mental alienation he would
his recovery have been reinsiated in all the pow
OF that high Office to which the people had elect
cd him. But a contingency of that kind was pro.
yIded tor IN the constitution IN the very words
rs the Of the Presidents death IL might per
hapS be sad that the question was an unmporIant
one, Intsmuch rs II had reference mainly 10 the liz
tie 10 be applied TO a public officer. Now, Mr. A.
had not raised II with the remotest dese 10 with
hold the dignity OF the title of President from the
present incumbent ~ the chair. His anxiety in tie
matter arose irnn this if the Presidential office
was indeed now held by the Vice President tina,
fact recognised the existence OF where the
hshes, oihcc IN the Republic may be held otherwise
than 10y an election Ot the people. The CONSEQUENT
ces OF establishing such principle might hereafter
become very serious; but II the powers and duties
Of the Presidential Office attached, in consequence
OF the death of the President, TO the Vice President
he still remaining Vice President, then he continued
To hold only the office TO which the people had c.
iscted him, and thus the beautiful symmetry ofour
system OF free and popular Government was pre-
served
Having wished only to call the attention of the
SENATE TO the question that II might make an off.
cal expression Of ITS views of the case, MIR a.
would bc content with expressing his own opinion
IN regard to 1t, however it ght differ from that OF
other gentlemen.
MIR Tappan observed that The view lust taken OF
the Interpretation OF the Constitution was much
strengthened by reference to the 5h clause Of the Sd
section Of the LIST article:
The Senate shall choose their other officers and
nlso President pro tenn. in the absence OF the Vice
President, or when he shall exercise tie Office of
President Of The United States"
Mr. L. observed that II would he found from an
examination Of the Constitution as originally adop,ed
and as subsequently amended, that there was but
one mode provided IN that instrument by which
President of the United States could he created
II was very true that the Vice President under
certain contingencies, was required TO exercise the
powers and perform the duties ofLhr Office of Prcsi-
dent, but il was nowhere declared that he thereby
became the President OF the United States. The
iresicent oil the United States, as such, existed and
could exls, only by an election Of the People
AL analogy went TO confirm the view which had
been taken by his colleague. In courts OF Justice
It happened that the Chief Justice was for time
absent from the bench the oldest Judge presided IN
his place. But when this took place in the Court of
hins's Bench IN England. the senior Judge did not
IN consequence become Chief Justice Of the Court
OF Kings Bench, although he exercised for time the
powers and performed the duties Of that officer The
same thing was true in this country. When a
President Of one of courts of Justice was for n
time absent, unable discharge the duties OF the
bench, his place was lied by the senior iudge vet
the latter officer, though by courtesy and Ia com
mon parlance he might be called President, was not
legally entitled either the 5yle or the salary oCtbe
Tres dent Of the court. In Mr.. rs own State the
PRESIDENT OF the Court Of Common Peas was al.
lowed a salary, TO which the other judges Of that
court were not entitled. When in his absence one
Of these judges filled his place, he did not thereby
become salaried officer, did the law confer up
on linn the title Of President Of the Court.
The same analogy held in military affairs la
colonel was shot IN battle, the EeKt officer in rank
t'ok command OF the regiment but he dd not there
Oy become a colonel; nor was lac entitled 10 COL
oneFs pay unless there was d special provision Of
Law providing for the case. MIR. L. said he had
seen letter from 4 late Senator from the State of
Mississippi, addressed To the officer now presiJn,
over the senate, the object Of which seemed to be 10
prove that he latter ut present the Vice Pres-
dent Of the United States, aud tina; his place Us a
Senator from New Jersey became vacant thereby.
bot this foolish and nOnsensical 10 deserve
any notice. The People only could make a public
officer like the Vice President. The People had O..
lscted JouN TYLER the Wire President of the
United States, aud an election by the People aIore
could make tue President Of the Senate their Vice
Prcsiden'; he Of present Senator as Others in
the body, aud he voted on every question as SUCH
There was, then, nothing in the Constitution nr IN
nnaloecial cases TO warrant the POSITION that John
Tyler is now the President Of the United SIBtes
lie might, indeed, he Justly entitled TO the salary
attached 10 the T. Presidential office, nasmuch as he
was in the discharge Of all It's duties. MIR T.. had
nothing ngAinst TINT. But when the Senate Official.
y addressed him, 1t ought TO give him his true con.
sttuiiOnal title. In personal conversation he might
Jc addressed President, but not when offica. IL
addressed by Department OF the Government; IN
their official language none bit the proper legal title
ought TO be applied 10 the individual exercising t.
powers Of the Presidential Office.
MIR Huntington, Of Connecticut, said that though
he was opposed TO the adoption Of the amendment
nc should not enter upon 0uy discussion Of it, mer
IT.. fit had any. IL was now June, and the SENATE
were IN expectation az receiving an Executive com
municaiior; there was no necessity now to enter o.
the question raised by tho amendment proposed O.,
the Senator from Ohio; II il must he discussed
could better be brought up at future time, whc
the Stnate should be more az leisure for such O.
argument The subject had been much rcheclc
on aud he had no doubt the minds Of the all mem
bers Of The Senate were made up in regard 70 IT, Tn
tody had now been enlightened by the views q
iho two Senators from Ohio and he now there