Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1841-06-10
J THe oFFIcE or VICE PRESIDENT.

THE OFFICE OF VICE PRESIDENT.
There are some doubts entertained, and
not without reasonable grounds, touching
the real nature Of the Office now held by
Mr.. Sou,hard, as President of the Senate
pro tempore. The Newark Daily Adyer-
tiser Of the gath ult., contains letter on
the subject from the Hon. Geo. Poindex-
ter to Mr. Southland, in which the writer
maintains that the latter has become the
successor of President Tyler, as Vice
President OF the United States, precisely
as be held the Office before the death oil
the late President.
1t would certainly imply some difficulty
TO maintain that there is no Vice President
Of the United States at present. Again
by taking Senator from his seat and
placing him permanently in the presiding
chair Of the Senate he is deprived of his
privilege of voting except in case of a tie;
he is prevented from participating in dis
cusslon. In that position is he Senator
not, what kind of anomalous character
does he hold The language Of the Con-
stituton leaves the subject in obscurity.
We give the concluding portion OF Mr..
Poindexter's letter:
will now proceed to notice more par
ticularIy the Office of Vice President.
You, as President pro tempore Of the Sc
nate will, as a matter of right, take the
chair at the commencement of the next
session Of Congress, and there being no
person in existence who can appear and
determine your office, its character is per
Sc changed from pro tempore or tempo.
rary appointment TO one which can only
be determined by death, resignation, i'm.
parchment, or at the end of four years
from the 9TH Of March last.
There is no express clause in the Con-
stltutlon as to the succession in the event
of a vacancy in the Office Of Vice Presi-
dent, and the question must OF necessity
rest on the structure Of the Government in
reference to the legitimate exercise of the
granted powers. Can these powers be
fully executed if there be no Vice Presi
dent of the United States! have alrea.
dy shown that they cannot. The posi-
bility Of permanent vacancy in the Sc
cond office of tho Government, is mani
fesily inconsistent with the plainest die
tates of common sense, and could never
have entered into the view of the trainers
of the Constitution. The Senate may
choose President pro tempore whenever
he (the Vice Presidency shall exercise the
Office Of Presidant--art. l. sec. 8. The
WORDS of this clause clearly imply the con-
tinued existence of the Vice President,
who may appear and take the chair at
future day; it contempates a temporary
exercise of the Office ofPresident and not
the full and entire investiture of the pow.
ers and duties of Chief Magistrate. But
when the incumbent abandons the Office
of Vice President, and cannot again ap.
pear in the Senate and take the chair,
then the Office of President pro tempore Of
the Senate is merged, and whoever may
fiji il takes at once the vacant office of
Vice President. In no other manner can
The integrity of our system be maintained,
and in no other manner can the granted
powers in the Constitution be perpetualIy
exercised. lfPresident Tyler should die
or resign before the expiration of his term,
the succession would devolve on the Pre-
Sident pro tempore of the Senate, in case
there be no Vice President, under the pro.
visions Of the act f1792 passed in pursu-
ance Of the Constitution.
What would be the operation and effect
of this act If the second office in the Co.
verument should not be filled at the time
that event may happen! Your right to
succeed to that high Office would depend
on your occupancy Of the chair from day
TO day Throughout every session of Con,
grcss, to its close. You could not subsii-
tute member to perform the duties be-
yond an adjournment. You could notl
withdraw from the Senate, according to
established usage, TO enable the body to
choose presiding officer to act as such
in case of your death or resignation dur
ing tho recess. Your absence, from sick.
ness or inability to discharge the duties
OF the chair, or from any other cause,
would compel the Senate to choose Pre-.
sident pro tempore, and you would OF
course be superseded unless you are re-
gardod as the successor of the late Vice
President. There could be no more than
ono President of the Senate pro tempOre
at the same time; but if such a plurality
IN the office were admitted by the Senate,
in case of the death of the President,
which of the two would succeed HIM
| make these suggestions. which might be
enlarged, to enforce the principle which
advocate, and demonstrate the proprie-
ty Of establishing perpetual succession
to the Office Of Vice President when a va.
cancy shall happen, which would serve
as precedent on all future occasions like
the present.
These are my views Of the subject,
hastily drawn out, and if erroneous, the
error can readily be detected by the au-
gust body over whose deliberations you
pres de.
have the honor to be,