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


We have been permitted TO peruse and publish
the following interesting letter. IL will DC readily
perceived IN NJ It is addressed To MIR. Southland ny
one Of the most distinguished OF his old colleagues
IN the Senate. and the importance of tho subject
well iustes its publication. We do not understand
that Air. =. eoncurs IN the reasoninss and eonelu
sionS OF the writer; but the questions discussed
ought 20 be speedily settled. And the manner IN
which they are here treated by one whose opinions
are entitled to consideration, cannot fail TO excite at
wAsnneros, April 81, Is4i.
Hon. SAMUEL l.. Southland:
NV Dear Sir: The conversation which had
with YOU the other day. and the interest which seems
to he taken on the subject generally induces me to
offer TO you my opinion OF your position since the
death OF the late President OF the United States, by
which event the powers and duties OF PRESIDENT
have devolved on the late Vice President, which
latter Office has thereby become vacant. This Is
case ofthe f. st impression, Chief Magistrate hav-
ing departed this life during the term tor which he
elected, at any former period IN the history oil
this Government. The question whether the Pre-
sident pro. TEN. 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
conf ctng opinions on either side may p'ausibly be
defended by reasoning founded on the Constitution
and laws relating to this subject, or by analogy
have, n hosty examination OF the provisions oil
the constitution, and the act OF 1872 prescribing the
manner in which President and Vice President
shall be chosen, and the various contingencies, on
the happening OF which the powers and duties oil
those officers shall devolve on other public junction
aries, arrived nj the conclusion that, according to
ir Interpretation of the constitution and the act OF
Congress above referred 10, you have become the
successor of President Tyler, as Vice President OF
the United States, precisely as he held that once oe
fore the death OF the late President Harrison. Prior
TO the time at which these novel events occurred, you
had been chosen by the Senate President pro TEN OF
that BODY in the casual absence of the Vice Presi
dent; by that appointment your official duties could
a a. ~ N.
pcarng and taking the chan"-Jtterson'S Manual.
Such has been the practice OF the Senate from the
commencement of the Government, which demon
siraios the construction adopted by the trainers
of the Constitution, in the duration and tenure 9th,
office 10 which you chosen. IL would seem,
therefore, to follow necessary consequence,
that inasnuch there exists total vacancy in the
Office of Vice President, ana the contingency OF his
appearing and taking the chair is rendered impoSSi
BE- the "powers and duties of the office devolve
YOU until President and Vice President shall he
elected, the same principles IN all respects what
ever hot are applicable TO the succession OF the Wee
President the executive chair of the nation, and 10
the extent. IL evident that the Constitution
meant TO provide against permanent vacancy IN the
Office OF President aud Vice President; but if the
member Of the Senate who takes the chair as the
of the aller officer, retains his in the
Senate, he either fills two moons stent stations 10
conneXlon With the body the office Of Vice Presi
dent becomes extinct until regular election shall
take place at the time prescribed in the Constitu-
ton. The casting vote of the Vice President is
thereby lost, and the object Of the Constitution in
creating that Office i. clearly TO that extent defeated
The lui and entire investment Of the Office OF Pre-
siden, in the late Vice President, is doubted by
any. lie could not resign the office which he now
hllS by virtue OF the Constitution, and the
chair MS President Of the Senate; and yet the Con-
Sttuton, amended, provides that in certain con-
tingency, he shall "act as President, in the case
of the death other constitutional disability of the
President" or, in other words he shall be the
ing President. In the same sense | consider the
Of
Vice President, used in l. sec. of the ConsI-
tuition. The Senate shall ''choose their other Off
GERS and also President pro ienpore, in the absence
Of the Vice President, or when he shall srsreiss tks
office Of President Of The United States" This
phrascoogy is, TO my mind, clearly intended TO APP
ply 10 temporary exercise by the Vice President
Of the office Of President wiIhoutvaclting his office
nf President of the Senate, which he may may not
resume, according 10 circumstances. /. The Pre-
dent may labor under temporary alienation OF
mind, he unable, from disease or debility of body,
TO discharge the duties of President. 9 The Presi.
dent may lie impeached, and put on his trial for
high crimes and nlisdemeanors In either OF these
contingencies the Vice President shall 'sEsreise the
office OF President" or become the acting President
OF lie United States. until the mind OF the President
~ restored, or his bodily disability is removed, or
his acqutta. Of the charges in the impeachment IS
pronounced. The President being thus relieved
from disability, the Vice President appearing and
taking the chair Of the Senate" the Office of Prcsi-
dent pro tsnpOre is forthwith determined, and he
again takes his seat IN the Senate. The obvious
meaning Of the phrase implies that the President
pro ismpOre occupies the chair for the time being,
and that there is other person in existence who
as eniitled 10 occupyH de Ju'e.
! hold il TO be a sound principle that the Cons;.
tuition and laws should he construed as 10 give e.
fcacy all their provisions, and to reconcile appl
rent iHconsrues or doubtful phrases, TO car
~ the true intent ard meaning Of each section or
article into full operation. Would il not be incon-
sscni with this rule OF construction to establish a
precedent by which either the Office OF Presidcn, or
Vice Presiden; shall remain for single day vacant
IL is agreed all hands that the first office must be
porpcually filed or iH.sTTsgnUm would arse
fatal to the perpetuity Of our system. The powers
and duties of the President muItIfdrious impor-
taui and cannot cease without imminent danger 10
the Republic; but the principle would not be varied
IN the slightest degree II his powers were limited 10
object. With regard to the second Office, the
scope Oi It's powers is restricted 10 more narrow
sphere and therefore the necessity Of preserving the
exercise Of them does not strike the mind with the
force that would be felt in relation 10 the en-
larGed powers Of the first office. No Senator can
he deprived Of his right to vote on all questions
pending before the Senate. No Senator, as such
can be clothed with the power OF giving the casting
vote IN case Of an equal division Of the Senate.
These posfuIata take to be undenable The con-
clusion is unavoidable that, II the transfer Of the
intc Vice President the first Office does not confer
You, ipso Jae0, the Office Of Vice President rs he
held II, by the election of the People then there is
positive giant IN the Constitution Of impor.
tant power, which cannot be exercised for the next
four years! On the same Theory OF construction.
and with equal pfopuety, any number Of powers
IN the Constitution might, under peculiar cir.
cumsiances, be abrogated or suspencd: and thu,
the integrity Of the system 10 all It's parts would
he impaired and rendered, qtoad hoe, imperative
Could tho trainers Of the Constitution have inn.
agned that their language would justify an in
depreciation 81 Inconsistent with the great ends
contemplated and achieved by their wisdom
and patriotism | think nor. Section o. in the act
Of 1892, declares what officer Of the Guvernment
shall act President "in case Of the DEATH rasig.
cation, or inability" both Of the President and Vice
President The President pro fsmyore Of the Sem
ate stands FIRST and, IN there be no such officer
thon the Speaker Of the House Of Repre- sontativ,s
succeeds 70 the Executive chair, "untIl the dslbi.
~ be removed Or President shall be elscteJ.n
would respectfully inquire whether the succession ia
Granted by this act to the Office Of Prcsden, y,o
fsmpeys Of the Senate, or Speaker Of the House Of
Representatives, or 20 the man who may h1ppc ri 10
Gll either the time the vacancy occufs7 Certain.
~ the title IN the man who is designated b.,
His Office be held 40 the time, which be cannot con.
unuc TO hold afterwards, and which is thereby VI.
ctcd. Tue words OF the Jaw, however, taken literal
ly, refer particularly 70 these Offices rs fhe foun-
dlton Of the tito Of the incumbent for the time be-.
ing the Office Of President. II this be the mean.
ng and intent Of the law, then the Office on which
Che tile Is founded must he retained to perfect it,
ohcrw sc the transfer TO the higher Office constitutes
the irdvIduni, TO oil intents and purpO4rs prcfi-