The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-30


The vios-Prssidsney Now Vacant.
fkOvIsIOxS or THE CONSTITUTION AND LAW OF
coNGREss-LIsTs OF vICE-PREsIDENrs AND PRIsI
DENTS OF THE SENATE PRO TEN
The provisions Of the constitution relating to thu
Vice President and President Of the Senate pro tenn
are as follows -
The third section Hrst article Of the
Vice President Of the United States shall
fresioent or the Senate b shall have VOTE unless
they be equally divided The senate shall choose their
other officers, and also President pro t<spore In the
absence Of he Vice President or when he sa exercise
the office Of President of tse United States.
Judge Story, in his commentaries, remarks
The necessity Of providing for case Of vacancy in
tee ONCE Of President doubtless gave the creation
OF the office of Vice President.
We may add, that in the convention which framed
the constitution the idea of Vice President, to be
chosen at the same time with the President, and in
case Of death disability to lf his place, was first
suggested by grand committee composed OF one
member from each State, to whom the question Of
the Executive was referred. In the draft which this
committee reported the President of the Senate was
to have fulfilled the function; but by the article as
agreed to the Vice President was made er o6seio
President of the Senate.
The first section Of the second article of the con-
stitution provides that
In Of the removal Of the President from Office or
powers and duties Of the said Office the shall de-
voNe on the Vice President and the Congress may by
inability both Of the President and Vice President de-
sarng what officer shall then act as President and such
officer shall act accordingly until the disability be remev-
cd, or q President shall be elected
BY the act of Congress Of March 1, 1892, it is pro-
vided, in pursuance of the powers above given
That in Of . removal, death, resignation, in
ability both Of the President and Vice President of the
United States the President of the Senate pro tepor
and in case there shall be President of the Senate
then the Speaker of the House of for the
time being shall act President Of the United States
until the disability be removed, President shall be
elected.
The same act also provides for an extra election,
in the usual mode by electoral colleges to be chosen
in each State, whenever the Offices Of President and
Vice President shall become vacant As the consti-
tuition declares that the President and Vice Presi-
don't shall hold their offices during the term of four
years, we infer that extra election would be for
full term, and not for the balance Of an unexpired
one.
Judge Story remarks
the Office of President should devolve on the
Speaker after the Congress for which the last Speaker
was chosen had xpred and before the next meeting Of
Congress, it might be question who is to ssrve and
whethor the Speaker Of the House OF Representatives
then extinct could be deemed the person intended.
The term of Mr.. Lynn Boyd, of Kentucky, the
late Speaker Of the House Of Representatives having
expired, Mr.. Atchison, of Missouri now President
Of the Senate pro ten is the only person entitled by
law to succeed to the Presidency in case Of the death
Of the President, until another election be held
Mr.. Atchison is man Of moderate capacity, but Of
great influence in Missouri, where he leads the de-
mocracy opposed to Mr.. Benton. He is, we believe,
over sixty years of age.
We give below list Of the Vice Presidents of
<ho NIT tod frou, odo Of fho
stitution to the death of the late Mr. King. It
will be observed that thirteen persons have held
the Office, and five of the whole number have
been citizens of the State Of New York. OF these,
three have been Governors Of the State, and
the other two-Burr and Fillmore-were unsuc-
cessful candidates for the same Office. The Vice
Presidents were natives Of the following States,
viz.:-Of Massachusetts, Adams and Gerry; of Vir-
gnia, jefferson, johnson and Tyler; Of New Jersey
Burr; of New York, Clinton, Tompkins Van Buren,,
and Fillmore; of South Carolina, Calhoun; of Penn
sylvania, Dallas; of North Carolina, King. The
survivors at present are four, Vivian Buren,,
Tyler Dallas, and Fmore-the first and last having
also been Presidents Of the United States
VICE PRESIDENTS THE UNITED STATES PROM TIM ADOPTION
OF THE CONSTITUTION TO THE PRESENT YEAR.
Cont of Term. Vice Presidents.
March A. l5s9-John 9 Adams, of Massachusetts,,
" 1797-Thomas Jcffeis son, OF Virginia
&c 1S01-Aaron Burr, Of Now York.
/" 1805-George Clinton of Ne York
" 1900 q I" died April 20. 1912.
" 1813-Elbridgc Gerry, Of Massachusetts,; died
November 23 1914.
&c 1sl5-Danisl ISL, p T0mp,sans, of New York.
4" 1825-John c. Calhoun, of South Carolina.
" 1898 g +" resigned Dec. 2s, 1882
4" 1833--Martin Van Buren,, Of New York.
4" 1S37-Richard NJ. johnson, Of Kentucky.
d" 1s4l-John Tyler, of Virginia lsuccsedes to the
Presidency April A, 1841).
" 1845-George M Dallas, OF Penns ylvania
" 1S49-Mllard Fillmore, Of New York (succeeded
to tne Presidency July 0, 1s50)
lS53-Wiiam r. King Of Alabama; died April
18, 1853
John Adams and Thomas Jefferson both died July 1926
Asron Rnrr died September IA, 1885.
Daniel ID. T0npkins Oeo J.~n1 1929
John c. Calhoun died March 81 1850
Richard NJ. johnson died November 10, 1850.
The Vice Presidency was vacant as follows -