Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-12
THE SUCCESSION.

Senate Eligible TO be Acting Presi-
dent OF the United States?
The following is the summary of the ar
gnment against the eligibility of an officer
Of Congress to the position of Acting Presi-
dent Of the United States. The authorship
has been attributed to Chief Justice Chase,
but denied through the newspapers.
Whether written by him or not, it is posi-
lively stated that these are his views; and
whether they be his or not, they are doubt
less correct, and as here put forth, being
the conclusion of a profound and exhaust
i've article on the subject, they are evil
IDENTIFY the production of a skilled and able
investigator into such questions:
The Constitution has itself drawn clear
distinction between the President pro tenn
pore Of the Senate and all other officers.
even of Congress. The second section of
the first article treats of the composition of
the House of Representatives, of the quail
fcations OF members, etc. The fifth clause
provides that "The House of Representa-
tiyes shall choose their own Speaker and
OAltI OiIitiSs nO Vi
third section is quite different the fourth
paragraph reads "The Vice President of
the United States shall be President of the
Senate" etc. The fifth paragraph runs
thus "The Senate shall choose their other
officers, and also President pro tenpore in
the absence of the Vice President" etc.
The Speaker of the House was intended to
be permanent officer; not so the Presi
dent pro tempore of the Senate, as, indeed.
the very title implies. The early practice
was TO elect on every occasion of absence of
the Vice President; the same Senator has
been twice elected in the same session, as
have two Senators in the same session.
The election of second President pro tenn
pore necessarily Gusts the first. 1t was not
until 1858, after this practice was changed,
that an additional salary was provided for
the Office.
The Office of Vice President is anomal-
ous, az also is that of President pro tsmpore
of the Senate. The former is both greater
and less than the latter. The former is
elected by the people, and holds his Office
Independently of the Senate; the latter is
elected by the Senate, and under the early
practice held upon the volition of two
superiors, the Senate and the Vice Presi-
dent, except when the latter exercised the
Office of President. The President pro
tempore does not become Vice President of
the United States-not even Acting Vice
President. This Office once vacant, re-
mains vacant TO the end of the term. The
Vice President is both a civil officer of the
United States, and presiding officer of the
Senate but has no vote as the latter, eI-
cept in case of tie. But the President
pro tenpOre is not a civil officer, never loses
his vote, nor does he cease to be Senator.
The Vice President may be impeached a
Senator cannot be. Under no circumstan-
css, in sum, can the President pro fempOre |
be deprived of his Senatorial character, |
which, somewhat analogous to that of am
bassadors of foreign countries in certain |
immunities, is essentially different from |
that of an officer of the United States. |
What his precise character is, is not en- |
tirely easy TO determine; though of course
there is no difficulty in this, that he is the |
representative of State and legislator |
of the United States.
A final and decisive test of an "officer of |
the United States" is afforded by the Con- |
stitution itself. 1t is this, that "t.e Presi- !
dent shall commission all the officers Of the |
United Stdtes" But the President never |
commissions Senator nor Representative,
nor the President pro tenpOre of the Senate. |
An officer OF one of the State govern
ments could not have been meant, for the !
conclusive reason that the Federal govern
ment has no adequate jurisdiction over any |
of them. But even if it had, what would |
be the rule of procedure among them and |
how could il be exercised?
A citizen. il is self-evident, could not be |
designated TO become Acting President; |
the Constitution requires the designation of |
an officer. An officer who should divest |
himself of his Office would disqualify him
self upon the instant, for an officer is re-
quired 10 act Irresistibly, therefore, the |
Acting President must not only be an Of |
6cer of the United States on assuming that |
office, but must remain one until he va
Gates it.
Finally, the Acting President is an officer
under the United STATES. But the sixth |
section of the first article OF the Constitu. |
ton is explicit: No person holding any
Office under the United States shall be
member of either House during his con-
tinuance in Office" 1t is impossible, for
this reason, therefore, if for no other, that
a Senator, President pro tempore of the Sen
ate, can lawfully be Acting President Of
the United States.
There is a fourth and most important |
consideration, which has not yet been adj
verted TO.
The sole function Of the Vice President,
except when he exercises the office OF
President of the United States, is TO pre-
side in the Senate, and perform the duties
chiefly, or perhaps entirely, ministerial
-inseparable from the position. The func-
ton Of the President pro teHspore Of the
Senate is TO preside and perform the same
duties, in the absence of the Vice Presi-
dent that he would perform were he per
sonaiiy in attendants This expresses all
his powers; aud this s plainly and specii
eally the whole purpose Of the Consiitn-
Ton 10 take him away from the perform
anee Of that f,lnction, 10 assign him to
other and essentially different dniies-ad- |
mIttedly foreign in their nature and scope |
10 those for which be was elecied-wouId |
be TO defeat the manifest inteut Of the