Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1873-08-05
A QUESTION TO BE SETTLED.

10
The condition of Vice President Henry
Wilson is suclstifat the papers have been in-e
duced therebyrtornrn info the considerations
Of an old QUESTION, which may yet cause
trouble 'in'thee country, unless tho laws in res
gard to it are so altered as to be in conformity
with the Federal Constitution.
It ism necessary to tell any one that the
Executive, the Legislature, and, the,J judicial
Departments of the Government ought to be
kept separate. Yet; in disregard of theswise
injunction SO to keep them, the law as it stands
makes the temporary president 6f'the Senate
the President of the United States when there
is no President or Vice-President, or when.
tircse are both disabled. The president of the
Senate holds his office in virtue of being
representative Of a certain State, and he is
made President of the United States because
he is temporary president of the Senate
The moment, however, that he takes the office
of President of'the United States he loses
''his Office as we'll as his seat in the Senate,
and another person is elected to each. He
thereby looses the only title tina. he has to the
office of President OF the United States, and
his successor in the senatorial chair becomes
entitled to that office. Etherhe does. or else
man may be both President of the United
States and president of the Senate. But no
Vice President even was ever allowed to pre-.
side over the Senate after he had succeeded
to the presidency. However, it has not yet
happened that this question has been,a prac.
tical one. The Vices President has always
been ready and able to fill the Office of Presi.,
dent when vacancy has occurred. Andrew
johnson came very near being turned out
If he had been, Senator Wade, of Ohio,
would have been entitled under the law to
succeed him. And yet, as tie three depart.
ments are to be kept separate, he would im>i
mediately have lost his office of president of
the Senate, and losing it would have disqual-
flied him for the place. We are strongly i'm
pressed with the belief that Mr. Chase held
the law fixing the succession to the presidency
to be unconstitutional, and that this fact had
something to do with his refusal to vote Mr..
johnson out Of Office. There were several
WY AoHs5 auo ao4o III the
National htcligencer at the time in which
the uuconstitutionality of the law was set
forth in clear and convincing language and
it was said that these articles were written by
warm and intimate friend of Mr. Chase's.-
However this may be- a moments reflection
ought to satisfy nybody that the law ought to
be changed. The President ought never to
hold his executive Office in virtue Of being a
senator or representative. The law might
provide for the election of President by the
House of Representatives as is done when no
candidate has majority of the electoral votes,
as John Quincy Adams was elected. Some
one of the heads of the Executive Depart
ments, or all of them in succession, could be
authorized to act as President in virtue of his
Office Ito which he could and would of. course
hold on, there being no reason why he should
surrender it, as a senator is obliged to sur
render his place. until Congress could be as
sembled, or, if in session, until the House of
Representatives could elect new President.
This is only one Of many ways in which the
difficulty now existing might be removed
Richmond Dispatch.