Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-06-02

power To order election OF Presd, nj to l out an
unt Nptcd term, or for n shorter period than four
years The 10th section Of the act ofi792, true,
makes provision TOT election OF President on GER
ain contingencies, but N silent to the term Tor
| which he shall DO chosen. Ii will he observed that
the only power granted To Congress in the office
both OF President and Vice President, shall become
vacant, Is To declare "what officer shall then act
President, and such officer shall accordingly until
the disability be removed. q President shall be
elected" This cause, assurci'y, does not confer on
Congress the power TO order an election within the
| term Of the President permanently removed by
death or otherwise. The idea Of an acting Presi
dent is, to my nd absurd, ,xcep, in the case OF
temporary disability. The power OF Congress over
the subject would, therefore, seem TO me TO be ex
hausted when they declare what officer OF tho Gov
ernmcnt shall act President 10 the cases enume-
rated.
will now proceed TO notice more particularly the
Office of Vice President You, as President pro
te,npore Of the Senate, will, as n matter Of right,
take the Char a; the commencement of the next
session OF Congress- and there being no person in
existence who appear and determine your Office,
its character is per Sc changed from pro fsmpOre
temporary appointment TO ono which can only be
determined by death, resignation, Impeachment, or
at the end OF four years from the fourth of March
last There is express clause in the Constitution
to the succession In the event OF vacancy in the
Office of Vice President, and the question must
Of necessity rest the structure Of the Govern
ment in reference to the legitimate exercise OF the
granted powers. Can these powers be fully execu-
ted il there be no Vice President Of the u. States1
have already shown that they cannot. The pos
sibiity OF permanent vacancy IN the second office
OF the Government is maniteslly inconsistent with
the plainest dictates of common sense, and could
have entered into the view oi the trainers Of
the Constitution. The Senate may choose n Pre-
sident pro tsmpoTe whenever he 1.-THE Vice Presi-
dent) shall exercise the office of President: Art.
sec. ;. The words of this clause clearly imply the
continued existence OF the Vice President, who may
appear and take the chair at future day; 1t con-
templates temporary exercise OF the office OF Pre-
sdent and the full and entire investiture 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 tenpoTe of the
Senate is merged. and whoever may hll II takes at
once the office of Vice President In other
manner the integrity ofour system be maintain
Ell, and in other manner can the granted powers m
the Constitution be perpetualy exercised. Ii Presi-
dent Tyler should die or resign Deorc the expiration
at his term, the succession would devove on the
President pro tsmpors OF the Senate in case there be
no Vice President under the provisions OF the act
OF 1892, passed in pursuance OF the Constitution.
w hat would be the operation and effect of this ret
If the second Office IN the Government should not
be filled at the tine that event may happen7 Your
right TO succeed 20 that high office would depend on
your occupancy Of the chair from day TO day
throughout every session OF Congress TO its close
You could not substitute member TO perform the
duties beyond an adjournment. You could not
usage, to enable the body choose presiding off,
Ger 10 act such in of your death rsSIgna-
ton during the recess. Your absence, from sick
ness inability discharge the duties of the chair
or from any othe: cause, would compel the Senate
to choose q President pro tsmPrs, and you would
OF course be superseded unless you regarded rs
the successor OF the late Vice President There
could not I've morc than President OF the Senate
pro teulpore at the same time; but If such pluraii
~ IN the Office admitted by the Senate in case
OF the death OF the Presid, Mt, which of the two
would succeed hml | make these suggestions,
which might be enlarged, TO enforce the principle
which advocate, and to demonstrate the propriety
of establishing perpetual succession to the office
OF Vice President when vcahey shall happen,
which would serve precedent on all future occa
sions IKE the present.
These my views Of the subject, hastily drawn
out, and if erroneous, the error can readily be de-
tec'ed by the august body over whose deliberations
you preside.
have the honor to bC,.with great respect your
friend and obedInt servant.
GEO. POINDEXTER.