Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-31
THURSDAY. DECEMBER 81. 1885,
The Succession.

Many persons ieei ueep hteress III
the questions which have come up for
discussion as consequence Of the death
Of Mr.. HENDRICKS. One Of them
writes to us as follows:
ONE OR TWO QUESTIONS.
To the Editor of the Dispatch
Permit me to ask you one or two
questions.
Suppose that Mr.. Hendricks had
lived, and suppose that Mr.. Cleveland
had by sickness or accident become
",otally unable to discharge the
powers and duties Of the Office Of Presi-
dent" and the fact had been establish
ed according to law, do you think that
Mr.. Hendricks would have then become
President Of the United States, and
would have filled the unexpired term,
or would be have only discharged 4" the
duties and powers Of the Office
Of President during the Presidents
disability? If you answer that
Mr. Hendricks would have become
PRESIDENT, then do you think that it
was the intent Of 1.-THE Fathers" to
make q temporary disability Of the
elected President cause why he should
lose has office? For, mark you, it
might not have been four months after
the Presidents " disability" had been
legally declared before his health, both
mentally and bodily, would have been
Just as good a. it ever had been. Please
DO not forget that so far as " death and
disability" are concerned, and so far
as they affect the ice-President. both
hang on the very same hinge, and this
you have declared more than once.
NJ. c. A.
The Constitution is in this case its
own best Interpreter. That instrument
provides that before entering on the
execution Of his Office the President
of the United States shall take the fol-
lowing oath
II DO solemnly swear that | will
faithfully execute the office Of President
OF the United States" &C., &c.
In another section the Constitution
provides;
THE Senate shall choose their other
officers, and also President pro tenn
pore in the absence Of the Vice-Presi-
dent. or when he shall exercise the
ofice OfPresident Of the United States"
Thus the Constitution itself provides
that the Vice-President shall do Just
what the President does" exercise
or execute the oGice Of President
But when it comes to the officer that is
to succeed the Vice-P President, the Con-
stitution changes its phraSeology alto
gether, and says:
1.-The Congress may by law provide
for the case Of removal, death, resigna.
ton, or inability both Of the President
and Vice-President.'
How provide? We answer in the
words Of the Constitution. By
Declaring what officer shall then
dcf as President.
la one and the same paragraph the
Constitution first provides that the
office of President shall deyolve on the
Vice-President, and, secondly, that
in case of the latter's disability, &C..
Congress may declare by law what
officer shall then {" dei as President"
II does not provide that the office shall
deyolve upon an Officer" not chosen
by the people, but merely that this
officer shall "dct as President"
&c.
Therefore. we answer one half of the
frs. question Of an. c. A." in the
affirmative. Mr.. HENDRICKS would
have become President Of the United
States. The other half we answer in
the negative. Mr.. HENDRICKS could
in the event supposed have exercised
the Office Of President only during the
inability Of the President. He would
have lost his title to the Office the
moment Mr.. CLEvELAND's inability
ceased. The office would have devolved
back upon the elected President. This
question, too. is settled by the Consti-
tuition itself, which, in providing that
an officer can "act as President only
until the disability Of the Vice-Presi-
den, is removed, does in effect provide
that the ice.President can exercise the
"ceee" Of President only until the
disability" Of the elected President
be removeds
In thus answering, we have replied
to all the interrogatories Of our corre-
spondent.