The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-12-17
the Succession to the Presidency

We fuIly discussed in 1865 tnc suolc0b VI
Tho succession 10 the presidency, ana reach
Cd conclusions very similar 10 those an
nounced IN the United States Senate during
.his week by those senators who contend
that neither the President pro tenn. OF tEat
hodv nor the Speaker Of the House Of Re
representatives. Is such an "ofilcer" ~ Is
contemplated In that provision OF the Fede-
ral Constitution which authorizes Con-
xress to lcgislstc in regard 10 the mat
Ter. The impeachment Of ANDREW JoHs-
SON WAS what occasioncd the discussion
AZ 1865. On the 10th OF March OF that
wear the Dispatch said that BEN. WADE as
President pro TEN. OF the Senate, ana ~
the man who would succeed Mr.. JOHNSON
n the latter were removed from office. had
NO right 10 vote Tor or against the convic-
ton Of the President Of the United states;
that FOR him 10 do so would be TO expose
himself 10 the reprobation Of every intelli-
cent man in chridendom, and to transmit
hi. name TO posterity with stain darker
than that which attaches TO that OF any man
who has ever sat rs Judge.
Again We said:
GLOW. then, can he [Wadel become
President? Whence will he derive his
ercdcntialsf Not from the Constitution
directly. but from law OF Congress which
proyides that the President OF the Senate
shall succeed to the presidency IN sucn
ease"
ais Wade such an 'oflicer' az the Con-
stitution contemplated II so, ishe asenator
also from Ohio? Or is there vacancy
And il he Is still senator from ONO,
when will he cease 10 be such! suppose
Tint he shall succeed TO the presidency:
will be still continue TO represent Ohio IN
the Senator And IL not, why not!
"Tben We should have the executive
and the legislative departments beautifully
mixed. Everybody will scout the idea that
he can continue to he senator after hls ac-
cession TO the presidency. When, then,
will ne cease 10 be a senator from ONO!
n at ali. the very moment that the vote de-
posinc Mr.. johnson shall be announced.
And as his name commences with W ssd
he nav be the last man TO vote, he will thus
have the privilege OF electing himself
President SO that one moment he may De
senator and the next moment the Presl-
dent OF the United States. VIII II be SAID
that he must resign his seat in the Senate
He cannot. III he resign before the con-
viction Of the President, he will cease TO be
eligible to the presidency. ~ he need not
resign until after conviction, he need not
resign at all. II he can hold both offices
for a minute, he can hold them both for
year."
VIC do not sec that this point has been
brought out during the present discussion
in the United States Senate. Yet surely 1t
~ an important one. That United States
senator should have the right to represent
a State upon the trial OF President OF the
United States, and also the right TO succeed
him, including, of course, the right to
vote him out OF Office, is n monstrOus pro-
position. When we consider the difncul-
ties OF the case as the law now stands, we
must necessarily conclude that The law is
wrong. The President OF the Senate Is
not such an "oflicer" as the Constitution
intended should succeed to the presidency.
II he is, then every senator may be interest
ed in deposing President OF the United
States; for the moment one senator be
comes President OF the United States an
other one is made President pro ten. OF
the Senate, and thus each in turn may, in
case OF death, &C., become President OF
The United States. Every senator is in the
line Of promotion. The executive de-
partment would thus absorb part OF the
legislative department Of the Govern
rent.
IL would seem, therefore, that an Execu-
tive officer ought TO succeed to the presi-
dency. There is nothing in the objection
that they may not have the constitutional
qualifications. These are named in the
Constitution to show who may be elected
President Of the United States. They are
expressly said to prove him "eligible."
But as the Constitution itself provides that
Congress may by law declare what officer
shall succeed TO the presidency in certain
cases, the qualifications are by unavoidable
implication thus declared to be in abey-
ance. These qualifications need not be
possessed by the "oilicer." But when a
special election is ordered, or n regu-
lar election takes place, then they again
enter the case. No President can be
elected without them; nor can Vice
President be destitute OF them; but
the "oiiicer" authorized by law "to
act" as President Of the United States
is not President Of the United States,
and therefore need not possess the
qualifications named in the Constitution.
lie does not become President. He merely
"aets" az President until new election
takes place, OF the disability Of the Prcsi-
dent is removed.
There are Executive officers enough I'M
der our Government who may properly be
entrusted to "act" as President OF the
United States. 1t is little cTeditsble to
Congress that the present law should have
been permitted TO remain so long upon the
statute-book