The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-12-29

are elected, that they shall be twenty-five
or thirty years Of age, and have been citi-
zens OF the United States either seven or
nine years-the greater number of years
being required for senators and the less
number for representatives-and neither |
body can require other qualifications of
their presiding officer. 1t follows, there
fore, that foreign born citizen, who has
been citizen of the United States nine
years, is thirty years of age and an inhabi-
tant of the state from which he is elected,
may be president pro tempore OF the SEN
ate and, In case Of the death, ETC., of both
the president and vice-president, DO called
upon to act as president Of the United
States. The constitution provides that
only "a natural born Citizen" who shall
have attained the age of thirty-fve years,
shall be eligible to the office of president or
vice-president, yet under the law foreign
born citizen, thirty years old, If he be
president pro tsmpore of the senate, or
twenty-five years old, il he be speaker of
the house of representatives, may act as
president of the United States. The law,
If It can be, should be put In accord with
the constitution, the constitution should be
made to agree with the law, or the consti-
tuition should be 30 amended as TO settle
the whole matter without any necessity for
explanatory legislation. 1905.
In case Of the death Of the president and
vicc-president prior TO two months before
the first Wednesday of December Of the
second year before the expiration of their
terms of ofiice-that is, in this instance, If
both President Grant and Vice. President
Wilson had died more than two months
prior to the first Wednesday of December
of the present yesr-then new president
is to he elected to hold his office for the
unexpired term, commencing on the fourth
of March-that would be, In the case sup
posed, from March 4, 1876 to March a,
1S77,-but if their deaths occur subsequent
to that time, then the president pro tempore
of the senate, or the speaker of the house
of representatives, as the case may be, acts
as president for the remainder of the term.
| If there is any good reason why, in any
case, there should be new election, 1t Is
| difficult to see why one should not be
elected for eleven months as we'll as for a
year, or why It should take from two
months prior to the first Wednesday of
December until the fourth of the next
March to perfect the same. 1t might be
well to have legislation on this subject.
There is another question that suggests
itself-How many presidents pro temport
can the senate have at one and the same
time ? When that officer acts as president
of the United Statee, be does not cease tc
be president pro tempors of the senate, be-
cause he derives his whole power to act as
president of the United States from the
fact that he was temporary presiding
officer of the although, it would
appear, that the expiration of his term as
senator does not determine his right OF
power to act as president Of the United
States, as the constitution expressly pro-
vides that such officer shall act until the
disability be removed. But does 1t, dur
ing the continuance of his senatorial office
determine his temporary presidency Ii
lS54-Vice President King being dead
and David R. Atchison, the president prt
tempre of the senate being temporarily alb
sent-the senate elected Jesse d. Brigh
president pro tempore, William H. Seward
expressly declaring, the whole senate as
senting, or seeming to assent, thereto
+" that there can be but one person at the
I" same time holding the office Of presiden,
"pro tempors of the senate of the United
f" States" 1t would be well for the senate
by rules, congress by law or by suggesting
a constitutional amendment, TO settle this
question also, as well as to determine the
exact status of the senator who acts as
president of the United States by virtue o.
being president pro tempore of the senate