The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1868-04-03
Senatorial Vacancy.

Senatorial Vacancy.
In the event of the conviction of An
DREW JOHNSON and the appointment of
Mr.. WADE as acting President, would
Ohio be called upon to elect Senator
in place of Mr.. WADEi This is ques-
ton of interest," and it seems to be un
decided. The Legislature evidently
holds that it will be necessary to elect
another Senator, hence the Democratic
majority are not likely to adjourn until
after the impeachment trial is conclu-
ded. In case another Senator is to be
elected, Mr.. VALLAKDIeHAM will I'm
doubtedly be chosen. Newspaper dis
cussion of the question shows that the
leading Republican papers take the
ground that there will be no vacancy.
A writer in the Cincinnati Gazette, af-
ter quoting the sixth clause of the Con-
stitution, which declares in case of a
vacancy in the Office of President or of
both President and Vice President,
that Congress may provide by law
what officer shall act as President, cites
the law enacted by Congress March
1st 1892, which designates the Presi-
dent of the Senate, or in case there
shall be no President of the Senate,
then the Speaker of the House, for the
time being, as the officer who shall act
as President of the United States. The
writer holds that the person appointed
to act as President must hold some
other office, and the moment be ceases
to hold that Office he ceases to have
the necessary qualification to act as
President.
"Now, then, it is the President pro
tenpore of the Senate who is acting as
President. If he ceases to be Sena-
tor he cannot be President of the SEN
ate, and if not President of the Senate
he cannot act as President of the Uni
ted States. Mark the language-if the
Presidency becomes vacant, and there
is a Vice President the Constitution
devoIves the office Of President upon the
Vice President, and then it is the Vice
Presidency that is vacant and not the
Presidency. But if there is vacancy
in both the Presidency and Vice Presi-
dency, then some other officer must act
as President until one can be elected.
He must not only be President of the
Senate at the time the vacancy occurs,
but he must continue to he President
of the Senate.
"Suppose Congress had provided
that the Chief Justice should "act as
President " during a vacancy. Now
that officer holds his place for life, and
Congress could just as we'll, under the
Constitution, have provided that he
should "act as President as to have
provided that the President of the Sen
ate should act.
"Agsin, suppose Congress had pass
ed such law as was talked of provid-
ing that when articles of impeachment
were prepared by the House of Repre-
sentatiyes against any officer, that off
Ger should cease at once to discharge
the duties of his Office until the articles
of impeachment were disposed Of.
Then, when the House preferred the
articles against JOHNSON, there would be
a case under the Constitution of Gin
ability to discharge the powers and du-
ties 4" of the Office, and Mr.. WADE would
of course have become Acting Presi-
dent while the case was being tried.
And then suppose Mr.. JOHNSON should
be acquitted, he would of course resume
the duties of President, and would not
WAUE resume his place in the Senate !
at seems clear that there will be no
Senatorial vacancy, but that the very
fact of such vacancy would take away
from WADE the qualification necessary
to authorize him to act as President" ,"