Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-06-04
(From the G!obc.j
IN SENATE,

pLnso., Was received from the House of Repre-
senativcs stating that quorum OF mat oooy was 40
,embled, and were ready 10 proceed 10 business
A message was also received from the Rouse VI he'
nntatiyes stating that they had passed the follow
ing JOINT resolution
Of this House. to join such committee as may De ap-
non,ed on the part of the Senate TO wait on the RE-
sdsnt of the L. s., aud TO inform him that quorum
of the two Houses assembled, and that Congress IS
now ready to receive any communication he may De
pleased TO make.
Mr. HUNTINGTON moved that the Senate concur
in the oint resolution.
Mr. ALLEN Of Ohio said he wished to offer an
amendment grounded on question, which, tor the
first time since the establishment OF tins government
had come under consideration. In abiding to this
question, be discaimed any motive wnaiever out ,a'
OF the necessity which he conceived existed OF avoiding
difficulties Of serious consequences or establishing
precedent the dangers of which could not be toreseen
HIS motion was, to strike out The WORDS rfesiorht VI
the United States and insert the words "V'ce presi-
dent of the United States, whom the duties and
n,wsrs Of the Office Of President Of the u S. had de-
VOWED" He again disclaimed any desire, in submit
TING this amendment of quibbling about mere tech
nicsty, or any wish TO embarass the friends OF the
present Administration. He referred to the following
clause IN the Constitution OF the u D, TO snow that
ths nos,tion he maintained was correct:
ain case of the removal of the President from ohce,
or of his death, resignation, or inability to discharge
the powers and duties of the said office, the same shall!
devolye on the Vice President, and the congress may
by law provide for the case Of removal death or resg
nation or inability both of the President and Vice Pre-
sdent declaring what officer shall then act as
aud such officer shall act accordingly until the dsabli-
~ be removed, or President shall be elected
The first clause Classics all the contingencies that
can affect the office Of President One OF hese IS ina
bity from mental alienation other causes, to exer.
else the functions Of that Office. II Especially provided
that the removal ofthose liabilities he shall be re-
stored to the duties and powers from the exercise OF
IL L. nfn1n ho
wording the Constitution, aud showed that it was not
The Office ITSELF but the duties and powers OF the office,
that devolved upon the Vice President in contingen-
cy like the present.
MIR. TAPPAN of Ohio, concurred with his colleague
in the view he had taken Of this subject lie consider
ed that view was much strengthened by the 9th section
of the Sd article of the Constitution In the amended
Constitution, it will be found that there 10 but one mode
OF providing for the present contingency and IN that
is expressly declared the duties and powers OF The
Office shall devove upon the Vice President in case of
The death Of the President, but nothing more can be IN
ferred from any construction Of the language
Here Mr. Tappan referred to analogy in the judiciary
and army 10 show that the event OF the death of the
highest officers of Justice or Of officers military
vice. the in succession exercised the duties and
powers of his predecessor without becoming the same
functionary until so appointed.
Mr. HUNTINGTON said he was opposed to this
amendment; but he did not intend to enter into any
discussion on the subject. He presumed every men,
Der the Senate had made up his m'nd and was pre-
pared to vote without considering discussion necessary
Mr.. ALLEN called for the ayes and noes on his
amendment
Mr. WALKER said, he was wholly unconscious that
,ny movement would be made this question in the
Senate until he heard the motion of his friend from
Ohio MIR Allen.l The motion, however, was MADE,
and he was called upon record his vote on the SUBJECT
The clause in the Constitution is, "ln case OF the re-
Inoya of the Presden. from office, his death, resgna
tan or inability discharge the powers and duties OF
the sad Office the same shall devolve on the Wee Presl-
DENT and the Congress may, by law provide tor the case
ofremova DEATH resignation, inability, both OF the
President and Vice President declaring What ouoe g.,
shall then act as President and such officer snail aet
accordingly, until the disability De removed or IRE
sltent shall be elected" Now here are separate and
distinct contingencies first the death OF the 1res'-
dent. or secondly, the death OF the President aho
President In the first case, the office OF President
devolves on the Vice President in the other case tnele
TO be an acting President designated by law. Con
gress are 10 appoint by law officer to act as IRE
sdent until the disability be removed or fresdeh'
shall be elected In the last case, then there Is 10 Dc
an uetino President, not for the uneIpred term OF
the deceased President but until an aetuat PRESIDENT
shall be chosen In the case, then, OF the oeath OF
the President and Vice President, an officer desig
mated by law merely to act as Pres'dent until the
actual President shall be chosen. But IN the case OIL
the death of the President "the said ofce "shali oe
vove on the Vice President" The language ls, 'the
same shall devolve." What shall devolye: The i'm
mediate antecedent is "the said Office and it is rule
sense that the imme date antecedent connected with
the adjective which follows 1t then the Office That
deyolyes on the Vice President He is not the Vice
President acting President in the contingency of
the death of the President and Wee fresdenout ne
ceases to be the Vice no longer the Vice
President and the Office of President is devolved upon
him. Is Dir. Tyler still the Vice President DIS
charging additional duties ?? If so, why IS he not
here performing the duties of Vice President: Gould
he come here and act as Vice President for single
hoca ba
Vice President for the that the Constitution
has deyolved him the Office of President, which Of
flee he holds for the entire term for which the Pres
dent was chosen This is the language and the mean
ing Of the Consttution and when IN one CASE that OF
the death Of the President and Vice President the Con.
stuton calls the officer acting President who, tor
brief PERIOD discharges the duties Of the station, and
IN the other devoves the office OF President tor the
en!l'e une1pired term on the Vice President Can
there be any doubt the subject AS to the case OF
Colonel acting General, in case of the death IN
battle of the latter the Colonel only acts as General for
the temporary emergency another person may De mp
pointed General, and the Colonel returns to his former
'1at'on, when the emergency had terminated curing
winch ne was acting General
MIR. ALLEN said his friend from Mississippi had
asked why the Vice President OF the U D. here
presiding this Senate and fulfilling the duties OF
Inc o1lee to which be had been elected: his answer
was, that by the Constitution of the u 3, other 10.
ses nave devoved upon him by contingency PROVIDED
Tor in that Constitution. But the temporary oc.
copant virtually President as now contendeo, ana
not merely Vice President exercising the duties and
powers of President, might not such predicanent as
the following hazard the safety Of institutions
Suppose the country divided equally BY two op'
posing political parties, and the President was OF one
party and the Vice President of the other. And sup
pose the Vice President, owing to some temporary
inability of the President, to exercise the functions
81 ms office, was placed in possession of the Pres
sehcy welding the sword and the purse, and backed
Oy that half portion OF the people who desired the as
eendancy of their party; and suppose he and they
MAINTAIN this doctrine, that the moment he became
possessed of the Office under any circumstances he was
virtually President, and therefore ought not to resign
although the disabilities of the President whom he
Implanted had been removed might not such scenes
o. anarchy and confusion, had frequently agitated
ne old world by the contentious Of rival parties ensue
threatening the overthrow of all our institutions. II
he (Mr. Allen) would not withhold from the pre-
cent incumbent Of the Office the courtesy of calling
aim President, but now that there was necessity of