Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-07-30
JOHN TYLER,s ELECTION.
Was He, According 90 the Copsti'"-
ton, President or Acting PrcSiueht'

Just by an the departments OF the bof1lh-
ment during his term, but has been FOL
lowed ever since in the administration oil
the government whenever a similar state
Of circumstances has required the appli-
cation Of the principle But Mr.. Martin
takes issue with the collective wisdom or
the country's statesmen for nearly sixty
years and proceeds to show how they
are all wrong about the matter, and goes
so far as TO pitch into Mr.. Tyler as II ne
was "a criminal Of the first order accus-
ing him I'm one place Of lack OF dignity
ana in another Of classifying pledges haue
10 the Wings, whose trustlul spirit nS
saws. Tyler took advantage of to OBTAIN
the recognition OF his unconstitutional
assumption of the hOnors and dignity Oh
President.
BAD SOURCES OF INFORMATION.
If Mr.. Martin had depended on some
higher authority than the eiusiohs vi
hack-writer Ike Ben Perly Poore' or lhe
ISLANDERS and scurrilities of old wing ooH-
ticians now dead and gone. he would Ao1
have had occasion TO take mp as much
space in your paTer. and perhaps might
have given the statesmen of the country
including President Tyler more ie-
spectfu treatment. Now, while ! can see
but little use I'm discussing an Issue Whlcn
is so thoroughly settled, l think the tru,h
OF history requires AT somebody hdnIa
a better answer To the question proposei
| than Mr. Martin has given IL. In the hrsI
place. Mr. Martin is unjust In impnuhs
to Congress In 1911 mere spirit or pohCy
! IN recognizing Mr.. Tylers pretensions' IL
would never have done, he says ior me
/ leaders Of the Whg party. having control
/ Of Congress. 10 refuse to recognize MI
| TYLER as President. Had the Democrats
! been I'm control, this recognition Would
never have taken place. The best answer
! 10 these suggestions Is furnished by the
| journals OF Congress IN the House or
! REPRESENTATIVES. no division on the QueS-
ton took place, tut in the Senate the
vote stood % 10 g. and among those WHO
voted in thu affirmative were nine Demo
/ crats-a majority Of those voting al an.
| Among these were the great names %
John c. Calhoun. Robert j. Walker, ana
! lanes Buchanan-three Of the most
prominent men IN the Democratic party
m that time. The authority of these men
is something better than that OF Zen
! Perlev Poore. on whom Mr.. Narun re-
! lies. II is certainly true that III the vote
! had been taken on the proposition ye@'
| later. when Mr.. Clay had stirred up ths
who's 10 "a Bitter WAR against Nlr'
Tvler the result might have been dliter-
ont But NJ the accession Of MT. .er
no such bitterness prevailed with el'"-r
Democrats or Wings and congress
under the solemnity engendcred by II
rison's death. was I'm fair state Oh NhlAH
to arrive at q correct conclusion
MIR. MARTINS CHARGES.
That the Wings at this time were h"'ue
r,ll- Inclined To- favor the pretenslons Oh
their President might also be adiiii'' ,u =,
lime ~ a majority Of the Democrats couId
vote for the proposition as they dlu, IL -
certainly not an extravagant idea 10 at
tru,,te 10 the Wings an equal measure
~ independence. The charge made by
0Tr Martin that the Wings were espe-
ciaIlv anxious to please the President pc
cause Of his inaugural address p!edglns
himself 70 a national bank ana 10 q pro-
tective tariff is totally unfounded' Inc
presidant'- inaugural contains 40 such
,lodges and Mr. Martin never read any
such The Wings had adopted no plat
form I'm the canvass and had taken no
| ground iu favor Of n bank or a protective
| tariff. on The contrary, all their SIea'
leaders. Mr.. Clay included. had come ou'
against them, posing before the country
as the States rights party. Let MT MAI
-iu read the Wing address OF Virginia OF
$50 and he will satisfy himself that this
Is So. IL happens. too, that Mr.. Clay and
many Of the Wing senators voted 10 re-
coguize Mr.. Tyler after a personal inter
view with the President, I'm which they
were told that. while favoring q BIZ TOT
the District Of Columbia. the president
} could never approve any Dill Whlci
8 granted Congress power TO step out int
The States for the purpose OF establish
3 ing any kind Of corporation, nationa
, bank or otherwise.
carl Schurz. I'm his life Of Henry clay
says that the claim that national Danf
was an issue I'm the canvass OF $50 Is 'aI
! astounding assertion
= WHAT THE CONSTITUTION SAYS.
But let US be done with Mr. Martin:
errors in history and thoughtless crltl
clsm Of Mr.. Tyler and address ourselves
to the discussion Of the Constitution IL
self The language Of the Constitution j.
S plnfu. In case of the removal Of fh'
T President from office. or OF his death
I RESIGNATION. or inability 10 discharge Tine
D powers and duties of the said Office, the
% same shall devolye on the Nicc-Presldent
4 and the Congress may by law provide fol
D the case OF removal, death. resignation
or inability both Of the President ant
Vice-P President declaring what office
r shall then act as President and sucl
81 officer shall act accordingly until the dis
ability be removed OF President b,
elected"
Now. here are separate and distin-
| contingencies. First, the death, etc, o
the President only, and, secondly tn
death. etc. Of both the President an'
[ Vice President. In the first case, TN
q duties and powers. devolves on the Vice
@ President. In the other case there is 4
. be "a person "acting as President de
s signated by Congress. In the latter cas-
| Congress is to appoint, by law, som
4 officer ITO act as President until IN
: disability Of the President and Nice-Pre=
- ident be removed, or a Presiden
shall be elected" There IS 10 be an 'act
ing President" until an actual Presiden
shall be chosen. But in the former cas-
the person previously Nice-Presdent MI
I the uneXpired term Of his predecessor
S Congress cannot call an election In hl
% case. He does not merely "act as Prcsi
% dent" but holds the Office under IN
% Constitution. The language IS 1.-THE same
4 | shall deyOlvc on the Nice-Presiden'
The Immediate antecedent, IS the sal
s | office" and il is rule OF grammauca
( ! construction. as well as of common sens'
u that the immediate antecedent Is conn
b ecied with the adjective that follows
4 MERE CONGRESSIONAL creation
Tho reason why an election is TO b
mad in the case of an officer appOinte
by Congress is apparent. His name Ia
never been submitted 10 the people 10
endorsement. lie is mere congression,
, | creation. But Mr.. Tyler, as Nice-Pres
dent. had been already subjected TO IN
same test as the President-to an electio
y bv the people-therefore, this reason di
, | not apply 10 him.
; As 10 the contingency suggested by Nj
. Martin that a President suffering fror