Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1868-05-08
AVOrluER VIEW.

ANOTHER VIEW.
A few days since wo showed upon CON-
ststutioaal grounds that Ben Wade could
not bscome President pro te'npore, from
the fat tha, he vas no. an officer Of the
that none bu, officers Of tho Government
can take the position Of President pro
ssmrore
But there is another view to DO taken Of
waie's qualifications. Let ~ discuss the
effect Of his being President still further.
At present he is on officer Of Congress ~
well Is Senator. Can this position be
changed By impeachment : is a question
much discussed At the Capital. Though
Mr.. Wade may ''act rs President" he can
not cease to DO Senator from Ohio 1.
is reported that he thinks hs will, bu, that
nearly al the Republican m mbcts of the
Senate, think he will not, and the reason
ing Is in the substance, as follows
The officer whom tho law d.signnt, as
Mr.. Jeinsoa's successor, IN the case o con-
We ion on Impeachment, Is 1.-THE Plesleb II
Of the Senate pro tempors." Now II MIR
Wade, hy resignation or otherwise, were
previously to cease 10 be President Of the
Senate pro tempo a." i, is very certain that
hs would disqu.nty himself TO act as Pres
tosnt after Jehnson's removal. Ii, also, At
any time after ho becomes acting Prssi-
dent, no were to cease 70 be the presiding
officer Of the Senate. no would abdcato the
higher "ffi "a az the same moment, for the
two "ilicss. 10 thai contingency. are inssp-
araby connected, slncoit 10 only "Pfesi
Pre- -ident of tho Senate pro tcmpors' who
can continue to act as President. But
what 10 tho Senate to do In that event II
on Mr.. Wades promotion, is should pro-
ccei TO elect a new President pre- temporr,
That nan, as fulfilling exactly the legal
requirements, would supplant Mr. Wade
- acting President OF the United States.
Mr.. Wade. then, must continue to dis
charge the necessary duties Of presiding Of
hcer the Senate, which he could prob
ably do without any difficulty, such as
s,ga,nv bills passed by the Senate, 10. But
again The Constitution saws that mo per
son holding any oflise under the United
States shalt be member of either House
durins his q intinuence in oi,icc" 10 this
il h answered that Mr.. Wade. IN the cen
tinsency contemplated, does not become
Pres icnt. bat he Is an officer of the senate
Temporarily des gnated To perform he du-
tics CT President until a regular President
10 elected. Ia support OF this theory at
tention i called 10 thu si<m'ican: change
10 the lsnguhgc Of the Constitution In the
casr OF the disability oil the President IL i
aa,d "thc powers aad dI.les If the Office
shsli devolve on tie Ni,e-President :" but
IN case Of the disability o: both Of these OF
hcers (which IL the case now contemplstsd)
''thsn Congress may declare Whist officer
shsll act IS President.
In reviewing this subiec, VIC call to mind
that provision of the Constitution which
says:
mo person holding any Office under the
United States shall be . member Of either
b use during his continuance in Office"
Whom Mr.. Wade becomes acting Prssi-
dent. how then can he be q Senator from
Ohios The case in regard TO NJ. ca is not
without precedent. Ia the case Of John P.
Van Ness, member from New York, hold
ing Majors commission in the militia Of
shs District Of Columbian office without
enolument Of any kind-.hc House settled
che principle Of the Constitution in this
particular. BY unanimously declaring Mr.. |
Ven Meas seas to b vacant annals Of
che 7sh Congress, 1909 3, Sd session,
Sos-9.) The case Of Gen. Blair, Of Mig
eosri. in the SSH Congress, is we'll known,
asd the cases Of Numford and Earle, 18th
Gong sss, Annals lsl7-ls. pp. sac .6ee.-
The statute Of 1879 requires the President
pro tsmpors Of the Senate 70 oct ~ Presi-
Gent Of the United States in case Of final
vacancy in the Office. He must BE- Prcsi-
dent pro tempsrs Of the Senate when he BE-
cones acting President and must continue
such until he vacates the acting Prcsiden-
cv, and cannot divest himself OF bis pro
ssrnpore ollie, 10 do SO would DO TO dis
qualify himself, srca under tie statute,
70 say noshin; of disqualification under the
Constitution Nov tie tweaty third rule
o. the Senate Barclays Digest, 23i) reads
thus.
"The Vice President, or presilsn, or thc
senate pro kntpore. shall have the r,eh, Ia
name member to perform the duties oft
chair, but saca substitution shall not sx.enf
Ssyssd an adjournment."
The absence Of the Vice President or Of
the President pro tempore at the be -innin,
or any session is such iegal absence as
would require the immediate election Of a
nss presiding officer, wherefore this extra.
ordinary consequence follows. q set forth
il the National laseilicsHcer:
The Acting President Of the United
States will every morning appear In the
Senate Chamber, open the session, and a.
esr naming . membsr-his Lord High
Chancellor, in fAcs-to the occupancy Of
Ne chair, will return TO the Z xecutive Man
oiou 20 the discharge Of Executive func-
tionsi II 10 one OF the prerogativss Of the
8nghsh King to open the Parliament in
person, and the Lord High Chancellor pre-
sides Is his representative. We thus see
INTRODUCED into our Republican system the
euyai formulas aud practice Of lilo British
uonarchy!
The Forticth Congress absorbs into its
Dwn body al powers Of the Government,
"a ia defiance Of the Constitution, changes |
ne constitutional order, and erects into a
President ! creature Of its own choice
n farnsr 10 Wisconsin plants : row Of
|gess along ~ road he Il exempt from |