The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-05-28

the sflcs Of PIssdsn. during the time for which he
was elected, Gov. Tyler, by virtue of his office ar
wee fres.deni has become President until election
OF new fresident shall take Iaace In the event Of
his death you, President Of the Senate would sue
coed TO the Office in like manner can find nothing
in the constitution which authorizes an election OF
President and Vice President for less than four
years Art. ii, sec. ], Of the constitution, provides
that the President ''sha hold his office during the
term of four years, together with Vice President
chosen for the same term" The time place, and
manner Of choosing these high officers fxed by
law There Is provision for an election Of Presi-
dent or Vice President fill unexpired term, but
.he succession alone is simply secured both by the
constitution and the law Of 1892, and the incumbent,
whoever he may be, In Office until President
y elected, which can only take place at the expiration
OF every successive four years. t.f#.
mere Is no clause IN the Constitution, which, on
the happening OF any event. grants TO Congress the
power 10 order an election of President fiji out
term, or Tor shorter period than four years
The 10Th section Of the Of 1892 it is true makes
provision for an election Of President on certain con
ungencies, but IL silent the term for which he
shall be chosen IL will be observed that the only
power granted TO Congress in the office both Of
President and Vice President shall become vacant is
10 declare what officer shall then act President
and such officer shall accordingly until the disabil
~ shall be removed or President shall be elected"
This clause, assuredy, dees not confer on Congress
the power 10 order election within the term OF the
President permanently removed by death or otherwise.
The idea Of an acting President H. TO my mind, abb
surd, except in the case Of temporary disability
The power Of Congress over the subject would, there
fore, seem TO to be exhausted when they declare
what officer of the Government shall President,
In the cases enumerated.
will proceed to notice more particularly the
Office Of Vice President You, as President pro
fempore Of the Senate WILL a matter Of right take
the chair at the commencement Of the next session
Of Congress, and there being person in existence
who can appear and determine yoir Office its charac-
ter Is perse changed from pro empore or temporary
appointment to one which can only be determined by
death, resignation impeachment or the end Of four
years from the 4th Of March last There 10 express
clause in the Constitution TO the succession in the
event OF vacancy in the Office of Vice President,
and the question of necessity rest the structure
OF the Government in reference to the legitimate
ercise OF the granted powers Can these powers be
fully executed if there be Vice President of the
United States? have already shown that they
not he possibility of permanent vacancy in the
second office Of the Government is manifestly incon
sstent with the planest dictates Of common sense,
and could never have entered into the view of the
trainers of the Constitution. The Senate may choose
President pro fempore whenever he (the Vice Presi
den) shall exercise the office of President-art l,
sec. 3. The words of this clause clearly imply the
continued eristence Of the Vice President who may
appear and take the chair at future day; il
templates temporary exercise Of the office Of Presi
dent and not the full and entire investture Of the
powers and duties of Chief Magistrate But when
the incumbent abandons the office of Vice President
and cannot again appear in the Senate and take the
chair then the Office of President pro temporc Of the
Senate is merged, and whoever may fill it takes at
The vacant office of Vice President In no other
manner can the integrity Of our system be maintain
ed, and IN no other manner the granted powers
in the Constitution be perpetualy exercised IfPres
dent Tyler shoue die or resign before the expiration
OF his term, the succession would devolye the
President pro tempore of the Senate in there be
Vice President, under the provisions of the Of
1892 passed in pursuance Of the Constitution What
would be the operation and effect of this act If the
second Office in the Government should not be filled
a, the time that event may happen Your right 10
succeed to that high Office would depend on your os
cupancy of the chair from day to day throughout
| every session Of Congress, TO it's close. You could
not substitute member to perform the duties beyond
an adjournment. You could not withdraw from the
Senate, according to established usage to enable the
body to choose presiding officer act as such in
case OF your death or resignation during the recess.
Your absence, from sickness or inability to discharge
the duties Of the chair from any other cause would
compel the Senate to choose President pro fempore
and you would of course be superseded unless you
are regarded as the successor Of the late Vice Pres
dent. There could not be more than one President
of the Senate pro tempore at the time; but il
such plurality in the office were admitted by the
Senate, in of the death of the President which
Of the two would succeed hm2 make these sua-,
gestions, which might be enlarged, to enforce the
principle which advocate, and to demonstrate the
popriey Of establishing perpetual succession 10 the
office Of Vice President when vacancy shall happen
which would serve as precedent ON all future oc-
casons like the present.
4 These my views of the subject hastily drawn
out and if erroneous the error readily be detected
by the august body over whose deliberations you pre-
side. / have the honor TO be-
with great respect,
your friend and ob't sert
GEO. POINDEX TER.