Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-01-06
AN INTERESTING QUESTION.

The New York Herald has the following
"The President Of the Senate. Mr.. Foster. Of
Connecticut. now occupies TO all intents and pur-
poses the position Of Vice President Of the United
States. In the event of the death Of President
johnson, therefore. In the interval TO 1868 Mr.
Foster as he now stands, would become President
of the United states. He il unstOod 10 be n sort
Ofsemi-radical. semi-conservativeO Old Line Wing;
but II IL probable that this i not enough for the
leading Radicals. Hence there may be some truth
IN the report afloat that there Is some talk of a
change in the presiding officer Of the Senate. Per-
haps Charles Sumner may be the coming man.
Who knows In any event, we trust that the life
and health Of President johnson may be spared
10 the country 10 the end Of his present term Of
Office and for many years after its expiration"
We subioin the provisions of the constitu-
ton, and the law Of Congress upon the sub
iect, from which il will be seen that the
Herald is in error. Art. ]. Sec. 3. Para
graph 5, Of the Federal constitution says
1.-THE Senate shall choose their other officers,
and also a President pro femDOre. in the absence
Of the Vice President, or when he shall exercise
the Office Of President of the United States"
Art. . Set,. /. Par. B. says: I'm case of the re-
moval OF the President from Office or Of his death.
resignation. or inability TO discharge the powers
and duties of the said Office, the same shall de-
volve on the Vice President and the Congress may
by law provide for the case of removal, DEATH re-
signation. or inability, both of the President and
Vice President. declaring what officer shall then
act as President and such officer shall act accord
ingly, until the Disability be removed, or Presl-
dent shall be elected"
Congress passed "An act relative to the
election Of President and Vice President
of the United States, and declaring TIE Off
Ger who shall act as President in cases OF
vacancies in the offices both of President and
Vice President" approved, March l, 1892,
which provides:
Sec. 9. And be 4 further enaoted That in case
Of "a removal. death, resignation inability, both
Of the President and Vice President of the United
Ststes, the President Of the Senate pro fempore,
and. In case there shall be no President of the
senate, then the Speaker of the House Of Repre-
scntatires, for the time being. shall act as Pres-
dent Of the United States until the disability be
removed. or a President shall be elected"
Sec. TO- "Aad be further eHdrfed, That when
ever the offices Of President and Vice President
shall both become vacant. the Secretary Of State
shall forthwith cause notification thereof 10 be
made TO the Executive Of each State. and shall
also cause the same 90 be published IN, at least one
Of The newspapers printed in each State, specify
ing that electors Of the President Of the United
States shall be appointed chosen. in the several
States. within thirty four days preceding the first
Wednesday in December, then next ensuing:
Pfouided, There shall be the space Of two
months between the date OF such notification and
the said first "Wednesday in December; but if
tween the date Of such notification and the first
Wednesday Of December, and ii the term for
which the President and Vice President last in
Office were elected shall not expire on the third
day Of March next ensuing. then the Secretary of
State shall specify in the notification, that the
electors shall be appointed or chosen within thr-
ty-four days preceding the first Wednesday in
December In the year next ensuing, within which
time the electors shall accordingly be appointed
or chosen, and the electors shall meet and give
their votes on the said first w Wednesday in Decem-
Der, and the proceedings and duties of the said
electors, and Others shall be pursuant to the di-
recii0ns prescribed il this act"