The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-03
The Succession to the Presidency.


sha limited States have attracted much
attention ali over the country Inc
xuh,ect Is In itself q very interest
ins and highly important one; but II has
derived new interest and additiona I'M
portance from the state OF things when
was found to,exist upon the ASSASSINATION OF
Mr.. GARyrEiD, there being then IN exist
ence no President pro TEN. OF the senate
and no Speaker Of the House OF Repre-.
.en,at;yes to succeed the Vice-President
IN case Of his death, resignation, OF IN
.h,lItv. There was theoretically but one
life between the people and anarchy. How
ever. we have no doubt that the people and
the Government officers would have proved
equal to the emergency andprovided a law
full successor peaceably, even II Mr.. Ar
THUR had died. Nevertheless, nobody
wants 70 sec such a state OF things again.
and 30 the press and the people, as wen III
Congress, are looking into the matter
The Chicago Tribune has preached anew
doctrine. II insists that Mr.. ARTHUR Is
only the "acting President. IL is rather
ate II. the day to be raising this particular
question. When General HARRISON dicd
the constitutional provisions on the SUD-
iect Of the succession to the Presidency
were carefully examined and all the ques-
fions involved were thoroughly iDveSti-
gated by committee ofable constitutions
n, LAWYERS i'm the United States Senate,
committee, and afterwards by the Senate
itself. that Mr.. TYLER was "the President
of the United States" BY this title he was
addressed by everybody who had
occasion to address him at all. ANDREW
JOHNSON in like manner succeeded
TO the Presidency, and was by
every department Of the Government re-
cognized as president OF the United
States" So also as to Mr.. Arthur.
What says the Constitution
"In case of the removal OF the Presi-
dent from Office, or OF his death, resigna-
tion, or inability TO discharge the powers
and duties OF the said Office, the same shall
devolye on the Vice-President."
No "acting President" there. 1t is a
genuine President Of the United States who
takes Office under that language. And TO
show that he was to be a genuine President
the trainers OF the Constitution provided
that "no person constitutionally ineligible
10 the Office OF President shall be eligible to
that OF Vice-President Of the United
States" This last provision was inserted
i'm the twelfth article OF amendments TO the
Constitution. Before that article was rati-
fed, the same result had been secured by
the constitutional provision that "in every
case after the choice Of the President the
person having the greatest number OF votes
OF the electors shall be Vice-President."
This provision necessarily compelled both
candidates to have the qualifications OF
President.
But these qualifications are not neces-
sarv, we think, in the case OF an "acting
President OF the United States. The
language Of the Constitution ON this point
is:
"Congress may by law provide for the
case of removal, death, resignation, or in
ability, both of the President and Vice.
President, declaring what officer shall then
act as President"
There seems to be a clear distinction
drawn between the Vice-Presdent and an
acting President. The former has the
office "devolyed upon him. The latter
is required merely to "act as President"
until the old President RECEIVERS or new
one is elected.
The Chicago Tribune doubtless bases its
theory upon the following words in the
18th article of amendments
And il the House OF Representatives
shall not choose President whenever the
right OF choice shall devolve upon them
before the 4th day OF March next following,
then the Vice-President shall act as Presi-
dent as i'm the case OF the death or other
constitutional disability Of the President"
This Is a strong point-one not easily an
swered. 1t might be explained away, how
ever; and this very provision might be cited
to prove that the trainers Of the Constitu-
ton did draw distinction between the
Vice-President and the acting President;
and that the office OF President did deyolye
person designated to act as President.
Look this last provision was inserted to
prevent vacancy. The Senate was to
elect Vice-President and the House OF
Representatives President in case there
was no choice by the people, or rather by
the electors. The Senate would be almost
sure to elect Vice-President before the
4th OF March, but the House OF Representa-
tives might possibly fail to elect Presi-
dent before that time. Therefore, upon
the new Vice-President thus chosen by the
Senate and not by the people the office OF
President OF the United States was not
"devolyed," but he was merely author
lied to "act as President" until new
President could be elected. 1t would thus
appear plain that the Vice-President in
ordinary cases becomes the real President
OF the United States, whilst in the case OF q
failure TO elect President the VIce-Presi-
dent is only allowed to "act as President"
until new President can be elected.
This last construction is a little forced,
we must admit. 1t assumes that both the
vice-President and President are included
in the constitutional provision last above
quoted, which Is construed as follows:
"And II the House of Representatives
shall not choose President whenever the
right OF choice shall deyolve upon them,
before the 4th day Of March next follow
ing, then the Vice-President shall act as
President as in the case Of the death or
other constitutional disability OF the PreSi-
L..