The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-27
-, no Acting President 2

WI" rational Inteliigcnccr, April Is.
Fr"" .. alleged that in whatever
le@' Us is viewed in connection with S tine act
Sonar" ,ra y Of the United states a the
Grav,eS' Whether the pro sempore presi,,
notice. "nnnhccr" in the constitutional
dent IS a" fact, question of the small
sense. ~ =; - consequence. Other complica-
g.; p"ss,"'s,, it that can only be put aside
tons s". .ronc arm of political revolution.
by the S''o ohsrnce of the Vice-President, OF
/" ',' o sball exercise the Office of Presi-
wen r. .bc United States, the Senate is
aea' d. ~. .hc Constitution TO elect pre-
r%a',' .', - tc,npcre. The integrity of the
.1aeHt' ': ~! body being necessary to the dis
lc-'''''', It's constitutional functions, this
caa'eS MONT is Imperative: "The Senate
r'i 4, .Snosr president pro ten.pore."
, ,..a. in the absence of the Vice.Presldent
d" ." executive functions the Senate
r's. ,.,,;rsl TO choose temporary presiding
',.tg", ~ in the absence of the president
'7't ..,'norr exercising the executive office,
iy S ,,.% rs we'll to preserves its own legis-
i.s "enacity as to fulfil the constitutional
.',',S ,,;nn Eor which, of course, 1t has a
mum rsrarll. will proceed to the election
% a. a. having elected second, which of the
'" i,am he acting President Both are
I" ~, Nv, presidents pro tempore; neither
"a" 49, senior to the other; nor can one be
'-' ~ resilient than the other. The second
.. mnch entitled TO be acting President as
80 first. He holds from the same source
,.' .,., 10 the same description he ex-
i. ;~. .bc same powers he is subject to
.,,rr will: he is in very substance the
''S ., at5ccr, Which shall be acting Presi-
Where is the authority to determine
,,.a.on Them. and who shall exercise it ?
,nIrion.Iy. it is impossible that there shall
.,ro presidents pro tempore.
En, i NAV be said that the Senate will
.,,,, senator who shall discharge the du-
- os presiding officer. But that senator
Nh 10 cous1itrtionally elected, or he will
~, Lc If constitutionally elected, he will
IN hct lie president pro te'npore. Ii not
r.a.,i,n,ionally elected, he cannot legally
r.rba,re the functions of the office; and
-, senate. without a constitutional head,
.,,uIs il,>o fdct0 dissolved
I'm the Constitution itself interposes on
;r.rrmmntuble barrier to the existence OF
,vo presidents pro tempOre at the same
80 ltrcouires the Senate to elect pre-
.iirnf pro tc1npore; that is to say, the
>,nate shall not elect hundred, nor score,
nor even PAIR of temporary presiding
,sccrs. The Senate shall elect ONE: having
one. il shall have no more.
Of
The Senate clecting a second will vacate the
a,iiec ol the first president pro tenpore or,
c,nstitu,ioually or by law disabled from
,lccling a second, the president pro tempore
Of the Senate acting as President Of the
United States will daily, in person, open
and organize it for business.
Thai this latter would be in fragrant vio-
Ia,ion Of one of the paramount and cherish
ei principles of the Constitution, even the
members of the Fortieth Congress need not
he told.
II the president pro tempore, once In
.alcd rs acting President, retains his seat
10 the end Of the presidential term, as has
been claimed, an extraordinary train Of
consequences follows.
He could not be impcached, for he coulc
MI preside at his own trial; and II M
could, he probably would not. What officer
would preside in his stead? Not the Chlel
Iu.ticc: for the Constitution calls him into
the Senate only upon the trial Of the Presl'
dent. But suppose he could be impeached
nv refusing to appear on any particular
uolninr-that, Tor instance, upon which
m, committee of the House should desire
~ present itself sat the bar Of the Senate
the name of all the people, phrase sono'
rous enough in sound, but rarely true IL
tact-Mr. Acting President prorogues the
Sruate-he dissolvcs it.
Shall the acting President appoint pre-
, siding officer! AS matter of fact, he viii
| do 80 by daily opening the session and sub
shutting senator to perform his duties
This. it need not be said, will of itself be
| violation of organic law. Can he appoint on
permanently, so rs TO avoid appearing il
| The Senate in person If he can, the actin!
| Presidcnt--clccted by the Senate-may d'
| ybat the President in fact, elected by thu
whole people, cannot do and which, if hi
II sbould attempt it, would raise storm from
II Maine 10 California. 1t would be usurpa
1iou that the Senate never would tolerate
the whole spirit and the very letter OF TIT
Constitution are infexibly against it; yet, oil
matter Of actual fact, it follows In TIM
very case we are now considering.
We submit that this subject is too plail
to admit of doubt, and that the Congress IL
lcpo,ine real President by pretext, ant
ult,ing a pretender in his stead, will dis
organize the Government it is processing t.
sustain