The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-07-22
q Question 70 be settaed.

The condition Of Weep resident HESEr
Wrsos Is such that the papers have been
induced thereby 70 turnt ortt1e consideration
of an old question, which may yet cause
trouble ain the country unless the laws 10
regard to It are go altered as 10 be In con-
formity will, the Federal Constitution. Ssg
1t is not necessary to tell any one that
the Executive, the Legislative, and the
judicial Departments Of the Government
ought to be kept separate, Yet, In disregard
of the wise injunction 50 to keep them, the
law as 1t stands makes the temporary pressi-,
dent of the Senate the President OF. the
United States when there is no President OF
yice-President, or when these are both dis
abIed. The presidentof the Senate holds his
Office in virtue OF being representative OF
certain State, and he is made President OF
the United States because be Is temporary
president Of Che Senate. The moment, how
ever, that he t,kes the Office of President OF
the United States he loses his office as well as
his seat in the Senate, and another person is
elected to each. He thereby loses the 2niy
title that he has to the Office Of PresidtSs OF
the United States, and his successor in the
senatorial presidents chair becomes entitled
10 that Office. Either he does, or else man
NAV be both President Of the United states
and president Of the Senate. But no Vice
President even was ever allowed to preside
over the Senate after he had succeeded to
the presidency. However, 1t has not yet
happened that this question has been prac-
teal one. The Vice President has always
been ready and able to fill the office Of Prest-
dent when a 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 the
three departments are to be kept
separate, be would Immediately have lost
his Office of president OF the Senate, and
losing it would have disqualified him for the
place. We are strongly impressed with the
belief that Mr.. CHASE held the law fixing
the succession to the presidency.to be I'M
constit utional, and that this fact had some
thing to do with his refusal to vote MIR.
JOHNSON out of office. There were several
very long and able articles published in the
National Intelligencer at the time in which
the unconstitutionality 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, moments
reelection ought to satisfy anybody that the
law ought to be changed. The Presi-
dent ought never to hold bis executive office
in virtue Of being senator or representa-
tive. The law might provide for the cleo
ton of President by the House OF Repre-
sentatives as is done when no candidate has
majority of the electoral votes, and as JonN
Quincy ADAMS was elected. Some one of the
heads of the Executive Departments, 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 us.
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.