The New York herald., 1868-04-07
SPECIAL CORRESPONDENCE OF THE HERALD.

for the bodies but up to that time none had been
recovered.
SPECIAL CORRESPONDENCE OF THE MRALD.
SpecuIaasons in Anticipation of Ben Wadc's
Succession to the Presidcncy-Tbe Rndi.
Gals Divided ON Question Of the Re.
latiOns of Senator to the National
Gcvernment-The Law Of 1792-NIr.
ChurchiIps Bill-Impeachment Interfering
with the Arrangements for the Chicago
OBSERVATION-DISCLOSURES Of n Recess After
the End Of the Impeachmcnt Trial.
WASHINGTON, April s. 1868.
In anticipation OF the success of the impeachment
Of the President, variety Of specuations engross
the attention OF the prominent of both political
parties to the effect which the promotion of Ben
Wade to the oillce OF acting President of the United
States will have upon his previous official position
Senator The radicals exhibit the greatest uneasness
the democrats assume an attitude adverse to the
interests Of the former, particularly in view of the
Legislature OF Ohio prolongng the duration Of their
session in order to head Off the appointment, in
such should be the determination Of the radical ee
ment, of Senator by the Governor Of Ohio to Ill the
vacancy which would be created by the transfer Of
Mr.. Wade to another field of duty
The RADICALS assume, in the first place. the right to
regulate the succession under authority of that
clause in the constitution which says that n of
theremova ofhe President from oce or Of his death
resignation or inability to discharge the powers and
duties Of the said office. the same shall devolve on
the Vice President and the Congress may by law
provide for the case Of removal death or resgna-
tion or inability, both OF the President and Vice.
President declaring what officer shall then act Pre-
sident hnd such officer shall act accordingly until the
disability shall be removed or President
shall be elected" The law Of March /, 1892,
under the authority OF the above provision OF
the constitution, designated the President
Of the Senate pro tempore and next the Speaker of
the House of Representatives to assume the func-
tions of the Executive acting President until "the
disability shall be removed or President shall be
elected.n long and lively controversy took place
when this law was enacted, the opponents Of the
measure as finally adopted taking the grounds that
the successor to the Presidential office should be
officer OF the government whose term OF equal du-
ration with that OF President and therefore urged the
Secretary Of State. The Chief Justice also
spoken of, but representing distinct department
OF the government IL was thought prudent under no
circumstances, to unite the judiciary and the
executive.
OF the impeachment, gives the vacant Executive
chair OF the nation to the President Of the Senate
Ben being also Senator the question arises can he
hold the two Offices Of Senator and President at the
same time. The radicals themselves are divided
on this point. Some OF the friends OF Wade
argue that he can be Senator and acting
President at the same time. They quote
that portion Of the constitution which says mo Sena
tor or Representative shall, during the time for
which he was elected, be appointed 70 any civil Office
under the authority OF the tinted States,r &C. Now
In explanation OF this provision, 1t Is claimed that
the succession OF the President Of the Senate pro
ten,pore is not appointment to "a civil ofice un.
der the authority OF the United States ~ but success
sion ociO. Ii Is also claimed, and in this theory
the democrats accord, that Senator is not
an officer ''unler the authority OF the United
Statcs,n but under the State by the Legislature
OF which he was elected and by the authority Of
which he holds his credentials In other words,
Senator Is nothing more than an ambassador at the
federal court to promote the interest Of his state
bond Of union for the common n prosperity and cons @
mon defence. Upon both these grounds II IL declared
that Mr. Wade VIII not as Lresident Of the Senate
hold both offices without violation Of the consti
tuition.
Ben Wade takes the view that he will he obliged to
resign, but his friends do not agree to this. They
put the case another light They say, suppose Mr..
Wade's term of Office, instead OF terminating In 1862
should continue two years longer, for instance until
1871 According to their view he succeeds to the Office
by virtue OF his Office as President of the Senate pro
tepore Now II he reires from the office of senator
by virtue OF which he is President Of the Senate pro
tenpore he ceases to be er octo acting President OF
the United States, for holding the oice by
Of the other he ceases 70 be either by withdrawing
| from the first. In regard to his term extending
ton IL is further asserted Mr.. Wade will resume his
functions as Senator, and during his performance OF
the duties OF acting President he ceases to have any
OF those powers OF Senator, and therefore during
the time that he Is acting as the executive officer of
the government ONO IL without her full re-
presentation in the Senate Some parties endeavor
TO explain the case by quoting the exercise
OF the Office OF general by colonel merely acting in
command Of brigade by virtue OF vacancy in the
grade Of general During this temporary promotion
the colonel ceases all his rights to immediate
mand over his regiment but as as the vacancy
In the higher grade Is filled he returns to his subordi
nate command. The other side do not recognize the
analogy OF the two cases as In the OF military
officer his line OF duty whatever may be It's rank lies
In the same arm OF the services but In the case OF
Mr.. Wade it Is transferring an officer from one
hran NJ f1,a me- IN unnfh f.Vfl
the advocates OF the latter theory repeat that Mr. Wade
Is virtually without any Senatorial powers long as
acting President; but an election Is held
and regular President is inaugurated the President
Of the Senate pro tenpore aud acting President OF
the United States retires from the latter office and
| becomes again Senator During the President OF
the Senate pro fenpofe acting as President Of the
United states the Senate II Is also declared elects
another President OF the Senate pro tepofe to act
as presiding ocer during the absence OF the senior
but that this presiding occr loses the position so
the senior returns TO the Senate But further
difficulty arises here and will apply to the case whe-
ther Mr.. Wade continues his ofiice as Senator during
his incumbency OF the Executive chair The Senate
muat have n presiding OfCer, and that On1Cer IN de-