Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-05
WHO rs TO SUCCEED THE PRESI-
DENT?

DENFs
The law in regard TO a vacancy occur
ring in tue Presidency, passed in 1872,
and which is now the law, provides that
in case Of the death, removal, resignation
or inability Of both the President and
Vice President, the President pro tenn
Of the Senate shall be the President,
and If there be no President of the SEM
ate at .he time, the Speaker of the House
Of Representatives shall be President |
until the vacancy in the Presidential
Office shall be filed by a special cleo,
ton, 70 be ordered, if Congress is not in
session, by the Secretary of State. II
this law be constitutional, in the event of
Mr.. Johnsons removal, Mr.. Wade will
succeed him; but in the event he should
resign his Presidency Of the Senate, as it
has been intimated he would if it became
necessary for his vote to convict the
President, Mr.. Colfax would succeed to
the Presidency. Ii would not be CONS
petent for the Senate, after Mr.. Johnson s
removal, to name a presiding officer OF
that body with the view of devolving the
succession upon him; for, in contempla-
ton Of law, the moment conviction Oc-
CURED, there being no President Of the
Senate, the Speaker Of the House of Rep
resentatives becomes the lawful sue
cessor.
The question, however, has been
mOoted, whether by the true construction
of section ., article >, Of the COnstitu-
tics, either the pro tenn Presi lent of the
Senate, or the Speaker of the House are
Officers" of the United States. That
clause empowers Congress in the con-
tingency of vacancies in both the Presi-
deney and Vice Presidency, to declare
what Officer shall then act as President.
There is a judicial decision from Chief
Justice Marshall that Senators and Re-
representatives. in Congress are not officers
of the United States, and if they are not
the selection of one of each body to pre-
side over their deliberations does not
make them officers. This point was sug-
gested in the debates of 1912 on the
enactment Of the present law, but was
not strenuously urged, ard the removal
of President johnson, should it occur,
will cause the question to be thoroughly
examined The weight of precedent and
authority is against the theory that mems
bers of Congress are government officers,
and the argument is forcibly in the same
direction They are the representatives
of States forming the Federal govern
ment, and have power to make and I'M
make officers of that government but
themselves are officers of their respective
States merely. 1t is also in conflict
with the general theory of the form
of government, that the Constitution
should be interpreted to provide that in
a not improbable conjunction, suck as is
now imminent, the Congress should have
power from it's own body, to fill the Exec
utiye Office. The trainers of the govern
meRt were too jealous in regard to the di-
vision of power between the departments
to have entrusted this vast grant to that
one to which their chief fears were di-
rected from its tendency to encroacb
upon and engross all the others. They
doled out power of this kind scruple by
scruple, and were careful of the checks
and balances that might, under every
variety Of circumstance, preserve the due
equilibrium. fthe construction assumed
by the law Of 1892, which, as we have
said, was combatted at the period of its
adoption by some of the most sagacious
men in Congress, be correct, the legisla-
Awe branch of the government has the
power, and it is never from the tempta-
ton to take to itself through one Of its
members, the Executive functions Of
government This is proposition which
could be maintained as existing in the
spirit or letter of the Constitution.
On Monday last, bill was introduced
to amend the act of 1892, by adding the
Chief Justice to the list of Officers
eligible to the vacancy: 1t has gone to
the Committee on the Judiciary, and it is
reported that on its return to the House
another amendment will be moved
placing the General of the army first on
the list in the line of succession. The
last will be in the interest of Grant of
course. The revolution is on us, and if
the President is deposed, there is no
prophesying who will take his place, or
whether the Office will not be put in
commission, and its duties discharged by
a Jacobin Directory of three or FIVE.