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


THE VICE PRESIDENCY.
WAsIsoTos April 81, IS4I
Hon. SAML. l.. SouTHARD-My Dear Sir: The
conversation which had with you the other day and
the interest which seems TO be taken the subject
generally, induces me TO offer to you my opinion Of
your position since the death Of the late President of
the u States by which event the powers and duties
ofPTesdent, have devolyed the late Vice Pres
dent, which latter Office has thereby become vacant
his is case Of the first impression no chief magis
tate having departed this life during the term for
which he was elected any former rcrod in the his
tory OF this Government. The question whether the
President pro tenn. of the Senate succeeds the Vice
President IN the chair of the Senate in like manner
and to the same extent, that officer succeeds the
deceased President, may well admit Of doubt and
conacting opinions on either side may plausbly be de-
Tended by reasoning founded the Constitution and
laws relating To this subject, or by analogy have,
on nasty examination ofthe provisions Of the Con-
shtuton and the act Of 1892 prescribing the manner
IN which President and Vice President shall be cho-
SEM and the various contingencies, the happening
OF which the powers and duties of those officers shall
deyove on other public functionares, arrived at the
conclusion that, according to fair Interpretation of
the Constitution and the act Of Congress above re-
feIred to- you have become the OF President
Tyler, as Vice President of the u States precisely
as he held that office before the death of the late Pre-
sident Harrison Prior to the time at which these
novel events occurred, you had been chosen by the
Senate President Pro tenn of that body in the casual
absence ofthe Vice President; by that appointment
your official duties could only and determine by
the VICE Presidents appearing and taking the chair
Il Jenerson's Manual.) Such has been the practice
OF the Senate from the commencement of the Govern
ment, which demonstrates the construction adopted
by the trainers Of the constitution in the duration
and tenure of the office to which you were chosen
II would seem therefore, to follow necessary
sequence, that inasmuch there exists total vacan
cy In the office of Vice President and the contingent
cy of his appearing and taking the chair is rendered
impossible, the powers and duties of the office de-
volye on you until President and Vice President
shall be elected, the principles in all respects
whatever, that applicable to the succession of the
Vice President to the Executive chair of the nation,
and to the extent 1t is evident that the Const
tuition meant to provide against permanent vacancy
In the office of President and Vice President but il
the member of the Senate who takes the chair, the
successor of the latter officer retains his seat in the
Senate, he either fills two inconsistent stations in
nection with the body, the Office of Vice President
becomes extincu regular election shall take place
al the time prescribed in the Constitution The cast
ing vote of the Vice President is thereby lost and the
object of the Constitution in creating that office is
clearly TO that extent defeated The full and entire
investment of the Office of President in the late Vice
President, is not doubted by any, He could not re-
sign the Office which he fills by virtue of the Con-
sttution, and resume the Chair President of the
Senate, and yet the Constitution amended, pro-
yides that in certain contingency he should act
President as in the the DEATH other Const
tu,ona disability ofthe President" or in other words
he shall be The acting President. In the same sense
consider the terms President Pro tcmpore Of the Sc
nate, acting Vice President used in art. Of
the Constitution. The Senate shall "choose their
other officers, and also President pro tempore,
in the absence of the Vice President or when he shall
ererciseH office Of President Of the United STATES"
This phrascology Is, to my mind, clearly intended 10
apply 10 temporary exercise by the Vice President,
of the Office of President without yacang his Office of
President ofthe Senate, which he may may not re-
sumo according 10 circumstances l. The President
may labor under temporary alienation of mind, or be
unable from disease, debility of body to discharge
the duties of President. =. The President may be
impeached, and put on his trial for high crimes and
msdcmeanors. In either of these contingencies, the
Vice President shall :" erercise the office Of Pres
dent" or become the acting President of the United
States until the mind of the President is restored,
his bodily disability is removed his acquittal Of the
charges in the impeachment is pronounced. The Pre-
sident being thus relieved from disability the Vice
President appearing and taking the chair of the Sc
nate the Office of President pro fempore is forthwith
determined, and he again takes his the Senate
The obvious meaning of the phrase implies, that the
President pro fempore occupies the chair for the time
being and that there is some other person in existence
who is entitled to occupy it de jnre.
hold 1t to be sound principle that the constitution
and laws should be construed 10 give efficacy to
oil their provisions and to reconcile apparent ncongru
tiles doubtful phrases, to carry the true intent
and meaning of each section article into full opera
ton. Would 1t not be inconsistent with this rule of
construction to establish precedent by which either
the Office Of President Vice President shall remain
for single day vacant2 1t agreed all hands that
the first Office must be perpeually filled, inter
rcgnum would arise fatal to the perpetuity of sys
TEN. The powers and duties Of the President are
multifarious, important and cannot without i'm
minent danger to the Republic; but the principle
would not be varied in the slightest degree if his pow
ers limited 10 object. With regard to the
second Office the scope of its powers is restricted to
sphere, and therefore the necessity Of
preserving the exercise of them does not strike the
mind with the force that would be feti relation
to the enlarged powers of the first Office No Senator
can be deprived of his right to vote all questions
pending before the Senate No Senator, as such,
be clothed with the power of giving the casting vote
in case Of an equal division of the Sena'e. These
posfudtd take TO be undeniable. The conclusion is
unavoidable that il the transfer of the late Vice Presi
dent TO the first Office does not confer you, ipso
facto the Office of Vice President, he held it, by the
election of the people, then there positive grant in
the constitution of most important power which can
not be exercised for the next four years On the
theory of construction and with equal proprety,
any number of powers in the constitution might, un.
der peculiar circumstances be abrogated suspended
and thus the integrity of the SYSTEM in all It's parts
would be impaired, and rendered, 9uoad hoe impcra
tive. Could the trainers of the constitution have
imagined that their language would justify inter-
probation inconsistent with the great ends conem
plated and achieved by their wisdom and patriotism
! think not. Section in the act of 1872 declares
what officer Of The government shall act President
lin case of the DEATH resignation inability, both of
the President and Vice President. The President
pro tempore of the Senate stands first and in case
there be such officer then the Speaker ofihc House
Of Representatives aeds to the executive chair
until the disability be removed or President shall
be elected" would respectfully inquire whether
the succession granted by this act 10 the office Of
President pro tempore of the Senate, or Speaker Of
the II. r., or 10 the man who may happen to fill either
at the time the vacancy occurs Certainly the
title rests in the who is designated by the Office
he held at the time, which he continue TO hold
afterwards and which is thereby vacated The words
ofthe law, however, taken literally, refer particularly
TO these offices the foundation of the title of the
incumbent for the time being the office Of President