The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-04-03

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y President Pro Tempore of the Sc
nate Eligible to be Acting President
Of the United States?
The National lnteQ;qencer, of yesterday,
has four-column editorial in answer to
this question. 1t gives a complete histo-
~ Of the clause Of the Constitution bear
inc upon the subject, and also Of the act Of
Congress which provides that the Presi-
dent pro TEN. Of the Senate shall succeed
10 the Presidency. 1t shows that Mr. MA
Constitution, persistently conton4ed that
such law would be Unconstitutional. III
also shows that because Mr. JET ERsoS
Republican, was Secretary of State, and
Mr.. HAMILTON (Federalist) was Secretary
Sc the Treasury, the President pro tim. OF
tho Senate was named as a compromise be-
,ween the two parties in the Congress OF
1872.
The lntelliqencer's article is & conclusive
one. amounting to a demonstration. The
Dispatch first mooted this question. Two
weeks ago we discussed it at some length
in several articles. The press generally,
however. seemed either to fail TO see the
articles or to pass them by as unworthy OF
notice, We found no one to back US, ex-
cept our friend of the Lyncburg Vuginian,
who went so far as to copy one Of our arti-
cIes but made no comment upon it. The
New York Sun pronounced US hair-split
ter. But now that the InteLigenCer has
illuminated the question, we may expect to
see it discussed in every quarter of the
country. We give some Of the MteAigen-
GERS points:
Ru, the discussion in the House developed
three objections 10 the President pr" t'"pIt
Of the Senate as Acting President ol th'
Thu, II the trainers of the Constitution
had intended any officer named in 1t 10 becoin"
Acting President, they would nave named 'h'
officer. -, u.,-i1o,.
. That the designation OF the president
r. ,.,unore would put il in the power OF the
Scnate-a single branch OF the Legislature 10
elect president. 49,,
3. That the President pr" t1"pors OF the
S.n,te is not an " officer III The sense con-
1emplated by the Constitution, and tor that
reason is ineligible.
On another question, the L!et!tgencT
makes these points:
The Constitution has itself drawn clear
distinction between the president pro tYapDr'
of The Senate and all other officers, even o!
congress The second section of the first ar
ticle treats of the composition of the House
of Representatives, of The qualifications OF
members etc. The fifth clause provides that
.ihe House Of Representatives shall choose
their own speaker and other officers Inc
nhraseologv OF the third section is quite diff
f.ranr ,ha fourth paragraph reads: 1.-The
Vir. President of the United States shall be
president of the Senate, etc. The fifth para
graph runs thus: The Senate shall choose
their other officers, ami also president pro
f,,aDyr, in the absence of the Vice President
etc The Speaker OF the House was Intended
10 he q permanent officer; not so the presl- |
den; pro fsmpors Of the Senate, rs, indeed, The
very title implies. The early practice was TO
elect on every occasion Of abscMce OF the ' Ice.
President: the same senator has been twice
.lacred in the same session, as have Two diff
ferent senators in the same session. The cleo
ton of a second president pr" t."ppr. neces-
sarily Gusts the first. 1t was not until 1855.
after this practice was changed, thai an add
tinnaI salary was provided FOR the office.
. The office of Vice President is anomalous,
rs also is that of president pro teInpore 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 Sc
nate, and under the early practice held upon
The rolition OF two superlorS, the Senate ana
the Vice President; except when the latter
exercised the office Of President. The presi-
dent pro t.mt,prt does not become Nlce-fresl-
dent of the United States not even dcf,h9
Vice President. This Office once vacant nv, ~
"a ~
Vice President is both \ civil oihcer oi s S
United States and presiding olhcel ol ti1 ill.,,
nate but has no vote rs the f'''ei - - NJ,
in case of tie. The president pro te"'P"' 80 40 ~.
civil officer, never loses his fote, no p,asidant
casa 70 ha = senator. The Vice. freSiueii !
may be mpeached; Il senator cahi.UI rrasident
10 circumstances, in sum, Gun 80, 6riol cha
pro tsmpore be deprived OF III to that of
ambassadors of foreign countries Nv - -,
immunities is essentially aiiei a WIT his
of an officer of the United oth.eS. ~ ai
nranisa character is is not ehtilelS easy " ~
plecise ehIi an IF course, there is no dll-
'einiiie W; hat he is the representative OF :,
Srais and n legislator of the uRlaeo Hta1"s =,
'ta'e Az a. aTd decisive test OF an "olllcer OF
.. "A ma , s:,a1esn is afforded by the Consli-
tne - ,ea1f II is this-that 'Me ff.S'dr"t
III ttGa .nnToission all TIE cNcerS " NE oa""'
S St cn " ant the President never commissions
a. aan,tor nor representative hof the l'lesi'
80 a,ro ts1npore OF the senate.
uoa' 2ha Constitution requires the designa-
- on officer. An officer who should dlvcSt
tinsalf of his office would diSqnality himself
nnnn the instant; for an !tgcer is required 10
All Irresistibly, therefore, the acting Presi-
dent must not only be an officer OF the United
States on assuming that Office, but must re-
main one until he yacates ii.
o. Finally. the acting President Is IN officer
,adsT n. United States. But the sixth section OF
the first article OF the Constitution is explicit
"No person holding any office under the
United States shall be 4 member OF either
House during his continuance in Office II
il impossible for this reason, therefore, II Tor
40 other, that u senator president pro tenpprt
of the Senate, can lawfully be actlnS Ircsl
dent of the United States.
There Is n fourth and most important con-
xideratiOn, which has not yet been adyerted TO-
The sole function Of the Vice President, eN-
cspt when he exercises the Office of president
OF the United States, is to preside IN the Sc
ua,e aud perform the Enthusiastically. or per-
haps entirely, NEUTRALITY-SUSPICIOUS. from
the positiOn. The function of the president
pro tempore OF the Senate is 10 preside and
peform the same duties, in the absence OF the
Vice. President, that lie would perform We're
he personally in attendance. This express es
all his powers and this is plainly and speci-
tloally the whole purpose OF the Constitution.
To take him away from the performance of
that function 10 assign him 10 other and essen
TALLY different duties, admittedly foreign in
their nature and scope TO those for which he
was elected would be to defeat the manifest
intent of the Constitution. TO defeat the
Constitution is 10 violate IL.
The Senate mast have a presiding officer in
the absence Of the Vice President, or when
the Vice President exercises the Office OF Pre-
Sident OF the United States; the presiding
otticer nsieSt be president pro t.np0fe OF the
Senate, and there can be but one president
.l..t