Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-07-16
A QUESTION.
According to the Constitution OF the
United states, Was John Tyler
President or Only Acting Presi-

President or Only Acting Presi-
dent.
10 the Editor OF the Dispatch
Please give me the privilege, through
the columns of "The Old Reliable" OF
! discussing the above question. | will use
all the brevity l can consistently with
proper placing of the matter before your
readers. The Constitution Of the United
States says: "The Vice-Presdent Of the
United States shall be president Of the
Senate. but shall have no vote, unless
they be equally divided" The Senate
shall choose their other officers, and also
president pro tempore. in the absence
of the Vice President. or when he shall
exercise the office OF President Of the
United States.
In case of the removal Of the President
| from office, or of his death, resignation,
or inability to discharge the powers and
duties Of said office. the same shall de-
volve on the president and the Con-
gress may, by law. provide for the case
of removal, death, resignation, or ina
bility. both OF the President and Vice
+ President. declaring what officer shall
then act as President and such officer
shall act accordingly. until the disability
be removed. or a President shall be elect
ed" So far as l can see. no man can
/ become President or Vice-President ex-
/ ccpt by an election.
/ The Constitution clearly defines ia what
/ way a President and Nice-President Is to
/ be elected The makers of the Constitu-
! ton Of the United states have always
| been regarded as men Of great wisdom
/ and If strikes me very forcibly that had
/ il been their intention. on the death of
/ the President. or his inability 10 dis
/ charge the duties OF the office" &c, the
! Vice President should become President
/ they would have said so. Mark you II
+ Mr.. Tyler became President by the death
+ of General Harrison he would have had
an equal right TO have succeeded TO that
position had General Harrison become
by sickness unable 10 discharge the du-
ties Of the office. That inability may
have been only temporary. and yet, If by
+ the Constitution of the United States Mr..
. TYLER succeeded TO the presidency by the
death of General Harrison, he could as
+ easily have done so had General Harri-
son been at any time unable TO discharge
the duties Of the office. Suppose General
. Harrison had been living when Congress
. met i'm extra session in May 1881. but was
in very low health and utterly unable TO
discharge the duties of his office, would
il not have looked very cOld-blO0ded had
B any one endeaVored 10 kick him out Of the
. presidency and put in Mr.. Tyler? II II
was legal for Mr.. Tyler 10 become Presi-
dent by the death of General Harrison 1t
Il for J.
have become so by the inability Of Cen
eral Harrison to discharge the duties OF
the office, even though such inability az
forwards turned out to be temporary.
Let your readers read over carefully that
clause in the Constitution commencing:
! I'm case of the removal" &c. and then
| ask themselves what is the meaning of
| the latter part of such clause declaring
! what officer shall then act as President,
| and such officer shall act accordingly.
until the disability be removed or a
| President shall be elected"
J The latter part of the clause referred
to shows. beyond a doubt, that 1t was
never intended by the trainers Of the
Constitution that any man could become
! President. except by an election. The
, Constitution provided if the President
died or became disabled, that the Vice
! President should act as president until
such disability was removed, or until d
/ President was elected / repeat that in
case of the disability OF the President,
the Constitution provides that the Vice
President shall act az President until
such disability is removed. When the lat
ter took place. OF course. the Nice-Presl
dent would return &c the Senate and as
sumo his legal Office as President OF that
body. II a President died the Vice. resi-
dent would act as president until Presi-
dent WAS elected. Ii may be said that
as Congress recognized MI. Tyler as Presi-
oent 1t made him So This | deny. until
II can be shown me that the COnstitu-
ton OF the United States gives such
power 10 Congress. Had the Democratic
party been in power in both branches OF
Congress when General Harrison died.
do not think il would have recognized
Mr.. Tyler as President, bat only as act
ing President; and / am satisfied that
mad Mr.. Clay and the other leading mem
bers OF the Wing party known that Mr.
iyer would veto the bank and tariff
bills introduced and passed by the Wing
party, they would never have recognized
him as President | doubt il IL has ever
occurred 10 the bulk Of your readers
that all OF the vice-presidents who sue
ceeded 10 the presidency by the death OF
President earnestly desired TO he
elected President by the people. Some Of
them fairly itched 10 be so elected. and
yet the people repudiated the whole lot.
Tyler Fillmore Johnson. and Arthur all
had such aspirations so deeply buried oy
the people, IL is 10 be hoped some or
them felt that under the Constitution Of
the United States they never had been
presidents. but only acting presidents.
IL the president OF Il bank dies. the
vice-president does not become president,
but he acts as president until a president