The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-03-10
Can Ben wade become President?

Can Ben Wade become President (,
1t Is likely that among the interestlps
questions which win come up for decision sl.
during che progress Of the trial Of tne -.
-peacbment 81 the President viii Pc gig =
to whether Mr. WADE Is nown'S.p ~ I
senator from Ohio, or mercy ..ao 90 :.
Pra.,dent of 1 the United States anu ~ :
.nch entitled 10 the rights and pr1vilssess
sss. - ~ .he later Office. This may seem
= Ne arst blush TO be foolish question
,st Il s one which naturally comes upsin
considering the arguments msde BY his
Radical colleaguesin the Senate last week
IN support es his right 10 be sworn and to
vote upon the question Of the conviction
of Mr.. JoHseos. or course no gen.
tleman would desire 20 vote under
such circumstances as surround Mr.. W ADJ
II he is TO be Che successor Of tho deposed
President. 70 do 50 would be TO expose
himself TO the reprobation Of every intel
iigent man In Chtastendoin, and TO trans
NIT his name to posterity with stain
darker than that which attaches to that OF
xny man who has ever sat as 9 Judge. s.
IS After investigating the subject diligently,
and with determination not to commit q.
'blunder. the House Of Representatives
came TO the conclusion that 1t was neces-
sary to impeach ar. JOHNSON, not as Vice
President, but as !" President of the United
States And this, too, notwithstanding
that the language Of the Constitution is
that athe Senate shall choose their other
aoficers. and also President pro tenpore
s.in the absence Of the Vice-Presldent or
"when he shall exercise the ofiice OF
President This clause, considered
alone, would have required Mr. JOHNSON
to be impeached as the Vice. Presi-i
dent /" exercising the Office Of President" -
But the next clause provides that "when,
aae President ofithe United States is tried
IS the Chief Justice shall preside." AND
It was thought best to follow the word
inr of this latter clause. The constitu-:
tional- title of Mr. JOHNSON, then, it is au-I
thoritatively. decided, (unless the High
Court Of impeachment should reverse the!
decision,) is that Of GO President OF the
United States" It would seem to follow
that the legal title Of Mr.. WADE is that OF.
"Vice-President Of the. United States i
that he has succeeded to the Office Of Mr.
JOHNSON, and become, instead Of q senator
from Ohio, the second officer of; the Go
vernment; and that, consequently, in the
language of the Constitution, he cannot
vote in the Senate s" unless they be
equally divided" $50, .'' s. I'm -
It will be, objected, of course, that the
Constitution does not provide that any
person shall succeed to the Office of Yics-
President, but simply that g the Senate
"shall choose q President pro tempore in
mthe absence of the Vice President or
awben he shall exercise the office of Pre-
ss sident of the United States" True
enough; but how, then, can ne become
President9 Whence will he derive his
credentials9 Not from the Constitution
directly, but from law OF Congress-
which provides that the President OF the
Senate shall succeed to the Presidency IN
such case. The law is based upon the
following clause of the Constitution !:
.The Congress may BY law provide for
:. the case of removal, death, resignation,
i" or inability, both Of the President and
"Vice- President, declaring what cUcer
6 shall then act ais President, and such
Is officer shall act accordingly until the
"disability be removed or President
I" shall be elected" II %'
Ia WADE such an officer" as the Con-
stitution contemplates3 If so, is he Sc
nator also from Ohio Or is there a va
cancy9 And if he is still senator from
Ohio. when will he cease to be such
Suppose that he shall succeed to the Pre-
sidency-will. he still continue to repre-
sent Ohio in the Senator And if not, why
nota If he can be Vice-President, ana
continue to exercise his functions assena-
tor. he can also continue to exercise them
when he shall become President. linen
we should have the executive ana the 10
eislative departments beautifully mixed.
Everybody will scout the idea tna1 .ne
can continue to bea senator alee - nus nc
ce,. ri, - !: to to- the Presidency. When, then,
will .bes cease to be senator from ONO 1ilu'
II tail. the very moment thai the yote
danos,ng MI. JOHNSON shall be announced.
1And IS bia name commences with wv, J"
and he may be the last man to vote, ne
w;,, thus have the privilege of electtlng
himself rPresident.) So that one moment
j he NAV be q senator and the nextimoment
.tba President Of the United States. will
d be said that he must resign his seat in
the Senate Z He cannot. If ne resign
before the conviction Of the Presidents he
win cease to be eligible to the Presidency.
!, If he need not resign until after convlc- !
ton, he need not resign at all. If ne can
hold both offices for a minute, ne can cam. mold
thepa both for year. w.
That Mr.. WADE has the right to repre7
ssnt Ohio as . senator upon the iaiot MT.
JOHNSON, and gaisos the right to succeed
h,n, So i nonstron Proposition. There.is
: as,y somewhere in the argument. W 9
.h;nk il possible, At least, that it is in the
80 -of Congress itself which authorizes
shs temporary president Of the Senate to
.ucceed to the Presidency. We, are in
iday.