The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1875-12-03
since the death OF Vice President wilson the

discussion "a to who succeeds to that Office.
by some it is maintained that Senator Ferry
OF this state, the present President of the
Senater~o tempore, has become. by virtue OF
his office, Wee President of the United States |
for the remainder OF Mr.. Wilson's term
Others maintain that by the death OF Mr.. Viii
son MIR Ferry becomes Vice President for the
time beng, and to continue, as such, until the
United States Senate shall elect another Pres-
dent pro te1apore, when Mr.. Ferry will cease to
be tho acting Vice President, and the newly
elected one will supereede him as Vice Presi-
dent OF the United States.
Both of these views are maintained by their
advocates with good deal Of pertinacity, and
ingenious arguments. Cases are cited by those
MAINTAINING the position that Mr.. Ferry Will
hold to the end of the term for which MIR. wal
sonwas elected, which, to US, do not seem TO
be exactly parallel to the present circumstan-
ces, inssmuch as they are the cases IN which
the Vice President elect succeeded to the Pres-
idency. as in tie case of John Tyler and An
drew Johnson and Presidents OF the Senate
pro tesrpore > elected by the Senate who. by
virtue Thereof come the acting Vice Presi-
dents of the ted States.
Tho Consti on OF the United States, IN
article III, sec 6, simply prescrlbes that in
case OF vacsrcy in both Of the Offices OF
President and Vice President. that Congress
may 10y law provide what officer shall
then act as President BY the Revised Stat
utes OF the United States, Chapter |, Section
one hundred and forty-six, it will be seen that
Congress has made the following provision:
IL case of removal, death, resignation or
IN ability of both the President and Vice Presi-
don't OF the United States, the President OF
tue Senate, or II there is none, then the Speak
or OF the House of Representatives. for the
time being, shall act as President until the dis
ability is removed or a President elected"
1t will be seen that this enactment does not
fully provide for the present contingency. 1t
leaves much to be inferred. II applicable at
all, 1T would seem to favor the idea in the So
cond proposition at the commencement of this
article. -that is, Vice President for the time
being and until the Senate shall elect success
sor The language of the enactment is, :" for
the tune being" II the Senate shall proceed
to the election Of President pro ten,pore, on
aeo w us,oNhhcAi u ~Ouiu oCChA ohoe -'Ahs Va
.ry.would be superseded, and his functions as
Vice President cease. to be assumed by the
newly elected person.
The indefnitness of the law touching the
matter Of succession in the present case leaves
80 much to be inferred, and as Congress is
governed by no well defined legal principles or
rules, but by a law of its own, dependent on q
variety OF circumstances, that body may adopt
either OF the views above stated. without doing
violence to the Constitution or the Enactment
Of Congress above quoted.
The nearest approach to ANYTHING like pre-
cedcDt, is the manner in which the Senate may
mako aud unmaGe Presidents pro tempOre. 1t
is the custom OF that body to elect a President
pro tep,pore at the beginning Of each Congress,
and the person 20 elected serves through the
session; aud by the same custom the practice
has prevailed OF continuing him through the
term 90 which he had been elected member
OF that body. Yet there appears to be no rule
that requires it, The Senate moreover Is a
permanent body and can elect its officers
whenever 1t chooses. 1t is only necessary for it
topass a resolution that on a certain day it will
proceed to the election Of President pro tenn
pore, or any other OF its officers for that mat
ter, and on the day designated elect some other
person 10 the place. would not the former Off
Ger DO superseded, and al the functions exer-
vcised by hlm attach to the latter the moment
be WAS elected aud qualified? In the absence
OF constitutional or other provision to the con.
trary, it would seem that in such event the
present acting Vice President would not con-
tinue TO tue end OF the term for which Mr.
Wilson was elected, but only to the time wher
the Senate shall elect a new President pro tenn
pore This view OF the case may or may not
be tho correct one, as we have not the means
at band for obtaining as full information touch
ing tins matter as one would wish, bat from
our present knowledge it seems to be the prop
er.yiew. In the examples referred TO, tn,
death OF the President, whose term of Office
was cO-extensive with that of the Chief magis
trate. in the hne OF succession, and, by consti
tutiona provision. at the head of the Govern
mont for the remainder OF the unexpired term
1nthe case under consideration, the Senator
who may happen to hold the office of Presi
dent OF the Senate pro tempore, may cease Z,
be member OF that body long before the ex
piration Of the presidential term. In such al
event would it be competent for him to hol,
over' Does the law contemplate such holdln,
over beyond the term for which be was orig
finally elected a member OF that body7
If Congress had failed to elect Presiden
pro tempore previous to its adjournment, i
would seem, by implication, that the Speake
OF the House Of Representatives would be
come successor TO the Vice Presidential va
cancv. The provision Of the law is, that whe
there Is a vacancy In both the Presidential an
Wee Presidential Offices. then the Speaker @
the House shall become the acting Presider
of the United States. We think it will not b
commended that the Speaker acting as Pres
-i-dent. could lawfully hold beyond the term Il
which he had been elected a member of tn,
body. Adopting the foregoing views 1t woul
seem to be vet an open question as to who wi
he Wee President up to the end of the term.
In the TRUE NoRrHERNER of last week vi