Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-02

Mr.. FILLMORE left the Senate and sent
message to Congress, saying:
81 propose to take the
oath to enable me to enter
on the execution of the Office" &c.
Another correspondent has furnished
us with the following interesting CON-
munication
To the Editor of The Dispatch
The death Of Vice-President Thomas
A. Hendricks has revived again the dis
cussion of the clause in the Constitu-
ton concerning the succession. be-
lieve, with you, that even if both Pre-
sident and Vice-President were to per-
ish no particular evil results would de-
velop in this country at this time. An
accurate definition Of the succession is
only necessary in countries disposed to
anarchy and revolution. And for one
| must regret the action Of Presi-
dent Cleveland in declining to at
tend the funeral of President
Hendricks; nor do agree with you that
his views as reported are at all salts
factory. The American people dislike
even the appearance Of timidity, and
they believe that Cleveland owed high
and solemn duty to them to attend the
funeral of Vice President Hendricks.
Can it be supposed that had Cleveland
died, instead of Hendricks, the latter
would have had the face to decline ex-
posing himself at the funeral ceremonies
OF the dead President? And in their
probable consequences upon the destiny
Of the country is there any-the slight
est-diiierence in the two cases?
A correspondent in your yesterdays
issue expresses his regret that the Vice
President was ever recognized by Con-
gress as President, grounding his objec-
ton on his belief that the Constitution
never intended that the Vice President
should succeed to the office of Presi-
dent. but only to the duties, in the event
of the latter's death. The proceedings
in Congress at the time of General Har-
rison's death, in lS4l, show in a very
interesting manner how this precedent
came to be established in our history.
Mr.. Tyler, the Vice-President, was a
man of great firmness of mind, but, as
| an advocate of "strict construction"
one Of the last to insist on what was
not due to him under the Constitution.
When the subject came upin Congress on
the 3lst Of May, 1871, on motion Of Mr..
McKeon, on the Democratic side Of the
House to amend the resolution notify
ing the President of the United States
that Congress was ready to proceed to
business by striking out the word
President and inserting the words
Vice-President now exercising the Of
fee OF President" Henry A. Wise, the
confidential friend Of President Tyler,
expressed himself as glad "the point
had been raised, because the vote on
the amendment would settle the rela-
ton in which we stood to the President
of the United States" And he said
that he kaew the fact that the present
incumbent would claim the position
that he was by tie Constitution, by cleo
ton, and by the act Of God President
of the United States" The question
was taken on Mr.. McKson's resolution,
and it was rejected without division.
In the Senate, on June l, lS4l, Mr..
Allen, of Ohio, moved to strike out the
words President of the United States"
and insert in lieu thereof the words
Vice-President, on whom, by the
death Of the late President, the powers
and duties Of the Office of President
have devOlyed." In the support of his
motion Mr.. Allen addressed the Senate
at some length, and was answered by
r. j. Walker, afterwards Secretary Of
the Treasury under Polk. The latter's
remarks are worth giving:
The clause in the Constitution is:
In case of the removal of the Presi
dent from Office, or his death, re-
signation, or inability to discharge
the powers and duties Of SAID
office, the same shall devolve on
the Vice-President, and the Congress
may by law provide for the case of re-
moval, death, resignation, or inability
both Of the President aud Vice. Presi-
dent, declaring what officer shall then
act as President, and such officer shall
act accordingly until the disability be
removed or President shall be elect.
ed Now here are separate and dis
tinct contingencies first, the death of
the President; and secondly, the death
OF the President and Vice-President.
In the first case the office of
President devolyes on the Vice.
President; in the other case there
is to be an acting President designated
by law. Congress is to appoint by
law some officer to act as President
until the disability be removed or q
President shall be elected In the
last case, then, there is to be an acting
President, not for the unexpired term
Of the deceased President, but until an
actual President shall be chosen In
the case, then, Of the death of the
President and Vice President an officer
designated by Law is merely to act as
Pres,denf until the actual President
shall DO chosen. But in the case of the
death Of tho President tho said Office
shall deyolys on the Vice President
The language Is the same shall de-
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