Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-01-26
HE PRESIDENTIAL SUCCESSION
More Light Upon the Question.

"OIe Light Upon the Question.
My pathetic appeal made in THE STAR. that
my favorite section, 146 of the Revised Statutes,
should not be authortatively declared uncon-
stitutional after remaining on the statute books
since 1879. and settling official precedence on
state occasions, (Which, strange to say. is liter
ally all the use which has been made of it up to
date) has had its effect in some directions. Rep
resentattve Tucker has told me that on looking
again, recently, over the debates in the conyen-
| ton which formed the constitution, as detailed
| IN the Madison papers, he is convinced that
| when the statesmen who took part In that con-
| vention left it to Congress to direct what
ohicer should fill the place of President when.
! for any cause there should be no President and
| no Vice President. that they had In view that
! the President of the Senate and Speaker of the
! House of Representatives would probably be
| named to succeed in such contingency
| The following is what was said in the conven-
ton on Friday, September 7th 1877. madison
papers. Vol III, p. 1910:
Mr. Randolph moved to insert in the first section
| OF the report made yesterday the following:
! The legislature may declare by law what officer
OF the United States shall act as President I'm case
of the death, resignation or disability OF the Pres
dent ana Vice President: and such officer shall act
| accordingly, until the time OF eecting President
! shall arrive
Mr. Madison observed that this, as worded. would
/ prevent the supply of a vacancy by an intcrIned-
ate election OF the President, and moved TO sutisti
tute until such disability be removed, or a Presi-
] Gent shall be clccte.''
MI. GOuyeneur IOITs seconded the motion which
was agreed to.
1t seemed to be an objection to the provision
with some that, according to the process estab-
/ llshed for choosing the Executive there would
| be difficulty in effecting it at other than the
| fixed periods; with others that the legislature
was restrained In the temporary appointment to
''Ctfcers' of the United States. They wished it
to be at liberty to appoint Others than such.
On the motion of Mr.. Randolph as amended
| II passed in the affirmative.
VIEWS OF SPEAKER CARLISLE
| The fact that when the clause was finally in
corporated in the Constitution the words
United States" were omitted in the power dele
gated to Congress to name an officer to fill the
vacancy when there should be neither President
or Vice President makes it appear to some
| statesmen of to-day that it was not intended to
restrict the choice to officers OF the United Stdtes
/ While others, among whom are Senator Beck
| and Speaker Carlisle. think that the word
officer was intended to be understood as i'm
| plying that an officer OF the United States would
be chosen Of course. 1t had not then been de-
cided. as it subsequently has been more than
once, that no Senator or Representative is an
officer of the United States.
| CHE present Attorney General 1t will be re-
| membered, made decision to this effect in 1889
with regard to the political assessments made
under the auspices of Representative jay Hub
bell. who, since the election of that year, has not
held any office)
| took place in the same convention when the
| third section of the Constitution, ''the Vice
PRESIDENT shall be er-oficiO president Of the
Senate" being then considered:
Mr.. Gerry opposed this regulation and said:
we might as well put the President himself at
the head OF the Legislature. The close intimacy
that must subsist between the President and
Vice President makes it absolutely improper.
He was against having any Vice President
| Mr.. GOuveneur Norris THE Vice President
| then will be the first heir-apparent that ever
| loved his father. If there should be no Vice
| President the president of the Senate would be
! temporary successor, which would amount to
the same thing
! CThis. coupled with the fact that Mr. Gerry
was one OF those who. when the law now in
/ force was passed, saw no reason why the Presi-
dent OF the Senate and Speaker of the House
should not be considered officers in the sense
intended 10y the Constitutions construed as i'll
dcating that the trainers OF the clause in cues
ton lid expect they would be put in the line
/ Presidential suCCession.)
Mr.. Roger Sherman. after Mr.. Morris made the
objection above quoted. said he saw no danger
in the case If the Vice President were not to
be President of the Senate he would be without
employment. and some member by being made
President must be deprived of his vote unless
when an equal division of votes might happen
in the Senate, which would be but seldom"
/
the clause
| Mr.. Williams observed that such an officer as
! Vice President was not wanted.
Col. Mason thought the office of Vice Presi-
dent au encroachment on the rights of the Sem
! ate, and that it mixed too much the legislative
and the executive. which. as well as the judict-
airy department, ought to be kept as separate as
possible"
Nevertheless, when the question was put I'm
the same debate ..Shall the Vice President he
fr President pf no
the affirmative in a vote by states-New jersey
and Maryland alone voting no. Neither of those
two states have ever had one of their citizens
elected President or Vice President.
1t Is somewhat of q coincidence that Elbridge
Gerry. who, as above quoted, in the constitu-
tional convention opposed having anv such Off
Ger as Vice President in the proposed new gov
eminent, and VINO did not sign the Constitution
as adopted, should have died holding the yerv
office OF Vice President, whose creation he had
opposed.
How soon these same statesmen had reason to
change their views as to the infreGuency of an
opportunity Offering for Vice President to give
a casting vote in the Senate is instanced BY the
following extract from the journal of Senator
Maclay, OF Pennsylvania, under date June 2Sth
1883 He says: This day the PENNSYLVANIA de-
legation had invited the Vice President and
other officers OF the general government to din
ner. The Chief Justice and Vice President did
not attend The three Secretaries were with
Us The discourse before dinner turned on the
manner of doing business in the Senate It was
remarked that as every question Of moment was
carried only by a majority of one. or for the
most part by the casting vote OF the President,
IL might be as we'll to vest the whole senatorial
power in the President of the Senate"
There was during the memorable deadlock IN
the Senate during its special session in the
spring of 1881 cause for similar suggestion
SENATORIAL JEALOUS Y
The first Senate manifested not little
jealousy Of their rights in regard to the style
to be assumed by their presiding officer, and
demanded of John Adams that when he signed
any act Of the Senate he should do so not as
Vice President, but as President of the Senate.
Senator Maclay said to him in the Senate
Chamber, in reference to this. 'Sr. we know
you not as Vice President within this house
AS President Of the Senate only do We kaow YOU
As President OF the Senate only can you sign or
authenticate any act of this body"
few days later Mr.. Adams rose and thus
addressed the Senate: II have since the other
day when the matter OF my signing was talked
of in the Senate, examined the Constitution. /
am placed here by the people. To part with the
style given me is a dereiiCtiOn of my right 1t
is being false to my trust. Vice President is nv
title and it is point will insist upon
He. after looking over the bill in hand told
the Senate with great pOsitiveness," says the
chrOnicler, that he would sign it as Vice Presi-
dent of the United States and President of the
Senate.
Mr.. Ellsworth declared himself satisfied with
haf oil Mr.