Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-10

chosen by Congress under the t"e"'"
TaE HOLE IN THE ARGUMENT.
But this very twelfth amenan,eana q.
paraded by Mr. Martin as kho 40
hole" in Lexis argument. NOW jv 10 10
This Amendment provides that II Use
House Of Representatives shan nov s Sne,
q President" from the three candldhteS
for the presidency who have recelVen ~, ~
highest vote OF the States before lhe f.'
day Of March following. then the VIZ ~
President shall act as President, as IN Tug
case OF the death or other constitutions
disability OF the President" Now II mas
been seen that lin the case OF the oSash
or other constitutional disability OF the
President. the language OF the firth clause
NJ Article IL OF the Constitution is To the
effect that the Office OF president ue-
wolves on the President. ana II thus
be so. how can the ingenuity OF MT. War
tin detect any Inconsistency In his act
ing as President az proVlded ny lhs
twelfth amendment OF course, the Pres
idcnt must act as President, n he acts
at al; and, or course. the Nlce-Presldent,
when the presidential Office ceVlONes upon
him. must act as President. II he acts
a. an These are mere truisms. But
while a President Is bound 10 act as such.
il does not follow that an netting Presl-
Gent'' is necessarily President any more
Than n clcrk who acts for his princlpal
is necessarily principal And that Is Just
the difference between the Weep esident,
on whom the presidential office deVolNes,
and a mere appointee Of Congress, whose
name has never been submitted 10 inc
people of the states. SO u appears that
the hole which Mr.. Martin boosted OK
knocking into lex" has only turned out
TO be a hole into which Mr. Martin has
fallen with all his historical errors 70
keep him company LEN
p. San editorial in the National In
telligencer for April Is. 1911. Is thoroughly
In line with my construction OF the con-
sttutiOnal question. i quote paragraph;
by the terms of the Constitution the
office of President 'devOlYes on the vice.
President BY mis- original election as
Nicc-President he was Professionally elect
ed President-that is, elected TO the office
OF President upon the happening OF any
one of the conditions provided in the
Constitution The Constitution uses very
different terms when it comes TO provide
for the removal, death, &c, both of The
President ana Vice-P President. For such
case Congress is empowered TO provide
by declaring what officer shall hon act
as President and such officer shall act
accordingly, until the disability be re-
moved. or a President shall be elected
The Office OF President devolves not on
him: he still retains his original Office,
sc Such an officer might properly
enough, in common parlance, be styled
acting President, though we conceive ms
strictly official designation should ne
President pro tempore OF the senate las
the on se may bel acting as President Of
the United states Not SO the Vice-Presi-
dent. when the office OF President de-
wolves on him. He is no longer Vice
President. but becomes President eN-
officio. and fills mp the vacancy Tor the
residue of the term; the office Of Vice
President Is vacated by his accession 70
the Office Of President. He can neither
perform the duties nor receive the salary
appropriated to the office of Vice-Presi-
dent LIN.