The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-10-18

can this oath at all apply TO the Vice President,
under any circumstances whatever, so as to fit
or qualify him to "'dct as" President, not to be
President? The language of this oath itself.
together with our remarks above made, make
1t clear that he gains nothing by its admins
tratIon.to him by the Chief Justice.
We have shown, We hope satisfactorily that
the vacancy cannot be filed; that the Consti-
tuition substitutes the Vice President. as such.
to act as President; hence when he is made to
swear that he will execute the office of Presi
dent, he has taken upon himself that which can
be executed alone by a President, as such. The
powers and duties of the officer, not the Office.
belong to him, or the language of the Constitu-
tlon Is without significance: "The Vice Presi-
dent. when he shall exercise the Office of Presi
dent Art. l, sec. 3, SUBJ ST. "What officer
shall then act as President" "Such officer
shall act accordingly Art. 2, sec. 6.) "Then
the Vice President shall act as President
(Ar. II, sec. i, amend)
Another aspect of the case: II was contem-
plated that, among possible events in connec-
ton with the Administration of the Govern
nent, both the Office of President and Vice
President might become vacant at the same
time. In such case, it is provided that Con-
gress may by law declare what officer shall
then act as President, and such officer shall act
Now, IS the officer designated by the act of
Congress, in any manner or sense, The Presi.
dent We answer, just as much so as the Vice
President is, or can be; and the oath taken on
induction TO their respective chairs, by the Vice
President, or the officer that has BY law of Con-
gress been named to act as President for the
unexpired term of the Presidency, reaches in
ITS obligations to all acts to be done by them in
The ordinary transactions of their proper Office,
as well as those possible extraordinary ones
superinduced and specially imposed upon them
10y constitutional allotment. If the powers and
duties Of the Office of President intrade in GER
tain other offices, contingently, to be sure, but
no less inherent for that reason, then the oath
OF their proper ordinary Office, already taken
by them, is sufficient, and binds them, guOcu,a-
que ct quOdcunqne. What wisdom, them is
seen in the parading of inauguration and USE
less extraconstitutional Oathsl
Again: Usage, or the universal custom in
all parliamentary and ecclesiastical affairs and
transactions, seems to warrant the view we have
taken of this matter. In our city, in the alb
sence of the Mayor, OF by reason of his inabil-
ity to attend TO his duties, who does not know
and see that another officer, provided for such
contingency, and acting in his stead, always
signs himself, when called upon, in the dis
charge Of the Mayors duties, to use his name
with the proper and truthful title, "Acting
Mayor" In the diocese of New York there
Is an ecclesiastical dignitary, still in Office and
receiving salary, the functions of whose bish-
opric he does not exercise, but another-an in
stance quite analogous to the political one I'M
der conslderation-and that other, recognising |
his proper relations, uses the style of "Provis-
ional Bishops" though it is written, "his bish-
opric let another take" he will not take it, only
discharge its duties, nor adopt fashion of of
hclal signature, false in philosophy, false in
principle, and false in fact, as it would be, if |
the term Bishop were used by him without linn
itation, while he is a person qui ricem gerit-
mere vlcegerent.
The two instances cited above of Vice Presi-
dents, whom constitutional intendment placed
IN the Presidential chair to act as President,
not 10 be President, show in some degree the
progress of assumption, arrogance usurpaton,
IN the offices of the Federal Government. For
the exercise of poicer, they reach and over
reach; and, not content with place, like we'll
trained and 1.-the athletes in political gymnastics,
show themselves masters in leaping and over
leapng all the limits and boundaries of the
Constitution.
These are instances in the Executive de-
partment, and are only nOminaUy dangerous to
the rights and Liberties of the people. 1t may
be SAID to be of no Importance except to the
individual whose vanity, or something else,
y
his fancied greatness: let him think himself
President; let him write himself so, if he will
surely the worst is his own-to be laughed at
IN the sleeve, and set down as an illustrated |
edition OF the old fable Of the jackdaw in the
plumage of the peacock, or player of the part
OF Harlequin III pasteboard crown with mock
majesty, IN farcical antics, on the great theatre
OF the National Government. But it has been
significantly said, and well put, What's in a
OF tyrants and usurpers are always covert, and,
in appearance, triding things, Indifferent the
serpent, cooled and in his smallest compass,
with the assumed color of the surroundings,
and seeming to be what he is not, is more 10 be
feared by the unsnSpecting traveller.
=. lie would Dee crowned:
How that might change his nature there's the question
II - the bright day that brings the adder:
ahe that Graves wary walking. Crown him! That |
And then, grant, put a sting IN hun
j hli nj ms VIII he may do danger wh.n
We might instance, al infnituD. the strides
taken IN the unlawful exercise of power in the
Judiciary department, but we pass them now.
The black catalogue of abuses and usurpations
of the Legislative department is absolutely
1rightiul. We Will cite only two instances, |
beautiful specimens of this sort, chosen be.
cause of their brightness and lateness from the
mint They are-the Fugitive Slave Act, Zone
OF the worthy Vice Presidents referred to above
hau d NUM- III It's manufacture, and 1t bears his |
image and snbscription,) and the act repeating
The act known more generally as the Missouri
COMPROMISED
The people well know that in theory the SOW
ereignty lies in themselves. But, after all, as
Government is administered by them, Ito wit.
through their representatives. sovereignty chan
ges place; and, like the beggar on horseback,
the representative rides it, poor thing, to-ali
know where In theory the people are mas
ters-the officers of Government their servants:
but IN practice the reverse is the truth. The
people have been invited to the great Festival
OF Freedom-to an entertainment greater than
that prepared by Royalty for the Heir to the
Crown, as the parable has it; and, riraJiIe
d'cfn! they make excuse: one has married him
wife; another has much merchandise to look
after; and another has bought him oxen. When.
indeed will the people awake to their highest in.
terests-see that they have good Government
and not suffer tyrants, in guise of their repre-
sentatives, to trample them in the dust.
HORACE DRESSER.
NeU York, Sept. Z, 1855.