Year: 1868

a washington correspondent mas the
following:


Chief Justice Chase's friends are de-
nying that he had anything to do with
the article in the National Intelligencer
Of Thursday, which endeavored to prove
that neither Wade or Colfax was entitled
to the Presidential chair, in case johnson
was convicted, but only the Chief Justice.
II is stated upon the very best authority,
however, that the article was prepared by
his private secretary. The Mteiiigencer
has an editorial on the subject which stu
dously avoids denying that il came from
Chief Justice Chase or any of hiafriends.
The matter causes great dealtof COM
motion in political circles, and Mr.. Chase's
friends are exceedingly anxious to clear
his skirts from being considered the au-
thor, on account of the moral effect,
although it is admitted that he entertains
the same opinion as that put forth by the
article, he having expressed this opinion
few evenings ago to Senator Wilson,
while the latter was conversing with him
on the subject.


The following, from the New Orleans
Crescent, gives view Of some of the
points made:


The argument referred 10 appeared re
Gently in the Washington Inteitigencer !;
and although it was published in the forui
of an editorial, the inspiration, if not the
authorship, of it is traced by evidence
little short of certainty to Chief Justice
Chase. That it has produced consid-
erable impression in Congress, and Sc
riously shaken some of the calculations
of the impeachers, is attested in too many
ways to admit of a reasonable doubt.
| The gist of it is denial of the constitu-
tionality of the act of 1892 with reference
to vacancies caused by the removal,
death or inability of both the President
and Vice President, and assertion of the
ncompetency of the President of the
Senate, or the Speaker of the House, to
act as President in such contingency,
as provided in this act The passage Of
the Constitution under which Congress
supposed that it was legislating on that
occasion is the following:


ain the case of the removal of the
President from office, or of his death,
resignation, or inability to discharge the
powers and duties of the said Office, the
same shall devolye on the Vice Presi-
dent; and the Congress may by law pro-
vide for the case of removal, death,
resignation, or inability Of both President
and Vice President, declaring what Off
Ger shall then act as President, and such
officer shall act accordingly, until the
disability be removed, or President
shall be elected"


The whole question in this case turns
upon the limitation of the term officer !"
in the above provision. OF course, it
must be limited, in acceptance and APP
plication as, otherwise, it would include
State officers, and municipal officers, and
even foreign officers of the United States
or Of any State and municipality in this
country To any candid and rational
mind it must be clear, after the least re-
Election, that the Constitution intended
to limit Congress to the designation OF
some officer of the United States to act
as President in the event contemplated.


Here again the question hinges upon
the limitation of term. Who are officers
of the United States2 1t was decided
at very early day that Senators and
Representatives in Congress are not OIL
GERS of the United States in constitu-
tional contemplation and the article in
| the Intelligencer, said to be inspired by
| Chief Justice Chase, makes it plain that
the presiding officer ofeither House can,
not be regarded, under constitutional
theory, any more than the clerk or door
keeper of either, as an officer of the
United States, and as such, competent to
act as President, if designated to do so
by act of Congress If Mr.. Wade and
Mr.. Speaker Colfax were to become off.
cors Of the United States by reason of
presiding over their respective Houses,
| they would lose their seats in both Houses,
inasmuch as the Constitution declares
that "no person holdiRg any office under
the United States shall be member of
either House of Congress during his
continuance in Office" But without such
membership they could not hold their
present positions as presiding officers.