Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-23
(Frow N, Ne, york E.,n;ng Posi-.

"The National ln.eliCcnccr calls Mr. Tyler sPresl-
dent OF the United States The designation appears
to us inaccurate Mr. Tyler elected Vice Presi-
dent and is Vice President yet, that is TO say, an Off
Ger o upon the happening Of certain certain crcuni-
stances acts as the substitute for President The toll
lowing is the provision OF the Constitution IN regard TO
this substitution:
,pr sec l. ur C. In the removal Of tho President
FINN rr ar az hs death resignation, inability 10 discharge
HE poacrs and duties o the said Office the same sha drve
The Wee President; and the Congress may, ny am ~ M
for the case removal DEATH rcsisnaiion ~ inability BON o e
esld and Wee rrcsidrn declaring what officer sa tsn
President aud such officer sal a,t aecnhs' uh tue
disability removed, President slal be elected
nThe Constitution does not say that III case oi the
deoh resnnation or inability Of the President, the
Vice President shall become President-but that the
mowers and duties Of the office shall devolre upon the
Vice President. He is then strictly Itec President,
or person acting in The place OF PRESIDENT. Inc
word rice is latin term, sgnrylng inStedd and Dr.
johnson says sit is used IN composition iof one qa ~,
r,u oer who performs in his stead the Office OF su-
perioT" Nothing therefore be more strictly proper
or more expressive of the fact, than the npPeaton oil
lice President applied 10 one who oicaies instead OF
the person actually elected TO the presidency.
"Supuose that General Harrison had been for time
unable through bodily or mental nfrmity 10 exer-
else the powers and duties Of President by the d.
recon of the Constitution Mr. Ter would then have
acted in his place. but he would not have been President
he would have been merely substitute, acc Ere
sident in a strict sense OF the term. HARRISON "ouo
have still been the President and on recovering from
be INABILITY would have resumed the powers and du-
,;es nc his Office from the Vice President his temporary
substitute.
uThe 18th article Of Amendments the Constitution
Section lst, says ,,
whenever the right shall devolvc them before he
c av Of March following, then the Vice President sa
Act President The OF the death or constitutional d
ability oi the President"
III The House Of Representatives do not choose q
President when the choice devoves upon them, then
the Vice President s-not to become Presldent-those
are not the words Of the Consttuton-but TO act as
President 10 be substitute for President, TO perform
the yicarous functions indicated by the name OF ms
office Ii is clear from this passage that the amendeTs
of the Constitution regarded the question IN the same
point OF view that which We have taken
at is said by those who contend that Mr. Tyler is Pre-
sdent of the L. S., that the words "the same in the
passage we have first quoted from the Constitution re-
fer to the "oice Of President and not TO It's "powers
and duties and that consequently II IS the oce OF IRE
sd.nt and not its powers and duties merely which de
yove upon the Vice President, who thus becomes IN
every respect President Of the u. S.
1.-The answer to this is, that if the trainers OF the Con
suton had intended to say that the Office OF President
was to devolve upon the Vice President, they would
have used instead Of the words the same, the particle
ii which would have had necessary reference TO the
preceding word office, and would have been attended
with no ambiguity. The Constitution then would
have read thus: In of removal or inability Il
discharge the duties Of the said Office il shall deyolve
upon the Vice President But they chose the more
general phrase lnc same, capdDie VI referring 10
larger number of antecedents because they intended
that should refer 10 the powers and duties Of the
said office.
"For gu! part We are satisfied with the phraseoogy
of the Constitution az interpreted by itself in its amend
mens. We are content with the designation = ven to
Mr. TYLER in the Constitution, and mast continue tt
use it, until we see better reason than at present Il
change il for another What practical difference II may
make is not now TIE queston-perhaps none-but II II
better 10 begin right and shall be the more certain
not to end wrong.
From the same.
ERRArA.-The President oil the Senate is not lic
President of the L. S. but merely oeum tenens of the
Presidency, until election can be had, in TIT
event of the Vice Presidents DEATH.
is not Mr. Southland, on whom this duty falls, bu
the President of the Senate, for the time being.
Should Mr.. Tyler die tomorrow, the actual Presi
dent of the Senate would administer the Government
until the 4th March, lS43.
Mr.. TYLER will administer it, until the 4th March
1915.
Mr.. Tiler is not President, but Ticc President, ad
ministering the Government.
Its usual for the cabinet TO tender their resignation
on new accession Of the Executive though their re
signations are not always accepted They were not ab
cepted by Mr.. Monroe, MIR. " Buren,, &c, for obyou
reasons.
What Mr.. Tyler will do, remains to be seen.
SPECULATION.