The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-04-16
The AD 1NrERIm pREsIDENCY.

The presidential expectancy of Senator
Wade has received an unexpected shock. We
may almost say that it has been smashed by
collision with ponderous legal argument on
the competency of the president of the Senate,
or the speaker of the House, to succeed Presi-
dent johnson, in case of the latters removal
by impeachment. And, as when locomo-
tive meets with similar accident, this check
to wade's expectancy brings to dead halt
train of dependent expectancies which were
bearing, apparently, multitude of his ad
herents to plentiful and not remote offices and
emoluments. There are grief and consterna-
ton from head to tail of the patriotic column
that was moving up to enter the breach to be
made by impeachment, and take possession of
all coveted appurtenances of the executive
department..
The argument referred to appeared recently
in the Washington Intelligencer; and al
though it was published in the form of an
editorial the inspiration, if not the authorship,
of it is traced by evidence little short of GER
tainty to Chief Justice Chase. That it has
produced a considerable impression in Con-
gress, and seriously shaken some of the cal
culations of the impeachers, is attested in too
many ways to admit of a reasonable doubt
The gist of it is denial of the constitution
atty of the act of 1892 with reference to vacan-
eies caused by the removal, death or inability
of both the President and e-President,
and ASSERTION of the incompetency of the presi-
dent of the Senate, -or the speaker of the
House, to act as President in such a contin-
gency. as provided in this act. The passage
of the Constitution under which Congress
supposed that it was legislating on that oc-
casion is the following:
In the case of the removal of the President
| from office, or of bis DEATH resignation, or ina
bility TO discharge the powers and duties of the
said flee, the same shall deyolve the Vice.
| Presidents: and the Congress may by lao pro-
| ride for He case Of rernoUdl death. resignation.
| or iiadbiltu Of bods President and Wee Presi.
dent. declaring ,rhat OFFICER shall then act as
| President and such OFFICER shall act accord.
irgy. until the disability be removed, or Presi-
| dent shall be elected. f4se7fl
The whole question in this case turns upon
| the limitation of the term "officer" in the
above provision. OF course, it must be
limited, in acceptance and application; as,
otherwise, it would include State officers, and
municipal officers, and even foreign officers
as well as officers of the United States or OF
any State and municipality in this country.
To any candid and rational miad it must be
clear, after the least reflection, that the Con-
stitution intended to limit Congress to the
designation of some officer of the United
States to act as President in the event con-
templated.
Here again the question hinges upon limit
alton of term. Who are officers of the United
States? 1t was decided at very early day
that senators and representatives in Con.
gress are not officers of the United States
in constitutional contemplation; and the
article in the Intelligence, said to be in.
spired by Chief Justice Chase, makes it plain
that the presiding officer of either House can.
not be regarded, under constitutional theory,
any more than the clerk or door-keeper o.
either, as an officer of the United States, and
as such competent to act as President, i
designated to do so by act of Congress-. L
Mr.. Wade and Mr.. Speaker Colfax were to be
come officers of the United States by reason o.
presiding over their respective Houses, they
would lose their seats in both Houses, mas
much as the Constitution declares that enc
person holding any Office under the United
States shall be member of either House o
Congress during his continuance in office.
But without such membership they could no
hold their present positions as presiding
officers -rr