Year: 1875




son has brougbt about discussion as


to whether the President pro tempore


of the Senate, succeeds to the Office OF


Acting President. There is no such


Office as "Aoting Vice President" "


The law regulating the succession of


the Presidency Of the Senate and the


Presidency Of the United States, in


case of the death or other disability Of


both the President and the Vice Presi-


dent, is very plain, and may be stated
in few paragraphs. The Constitution


makes the Vice President of the United


Statesrhe President Of the Senate ;jand
another section of that instrument de-
clares 1.-The Senates shall choose also a


President pro tempore, in the absence
Of the Vice President. or when be shall
exercise the office Of President Of the


United States" Another section Of
the Constitution. in Article II, says
thatiu casesof the removal Of the Pre-
sideut from Office, Of his death, resigna-


ton or inability to discharge the powers
and duties of said Office, the same shall


devolve on the Vice President, and


Congress may BY law provide for the
case Of removal, death. resignation or


insbhjsy both Of the President and


Vice Presidsot. declaring what officer
shall then act as President, and such
officer shall then act accordingly until
the disability shall be removed or
President shall be elected" Under
this last section of the Constitution
Congress has enacted the following
law: .sIn case of removal, death,
resignation or inability Of both the
President and Vice President of the
United States, the President Of the
Senate, or if there is none, then the
Speaker Of the House Of Representatives
for the time being shall act as Presi-
dent until the disability is removed or
President is elected"


From the foregoing it will be seen
that the Senate Of the United States
merely elects President pro tenapore,
in the absence of the Vice President,
or when be shall exercise the Office Of
President. This is solely 10 provide
presiding officer for the Senate for all
cases The law enacted in pursuance
of the Constitutional requirement de-
clares that the President pro ten.pore
of the Senate shall, in case Of the death
Of both the President and Wise Presi-
dent, act as President. There being
no such exigeDcy at this time, Senator
Ferry. Of Michigan, who is the Presi-
dent pro tempo,e Of the Senate at this
time, becomes simply the President of
the Senate, in the absence of the Vice
President, caused by death It is en-
tirely within the province of the Senate
at any time after the beginning of the
session Of Congress, now SO near at
hand. to choose new President pro
tempore Of the Senate in the place of
Mr. Ferry, if the Senate should see fit
to do so, and to choose, at any time, a
President pro tempore. according to
its own convenince or will, or the sxi-
gencies of the public business! The
decease of the Vice President at a
time when Mr.. Ferfytshappens to be
the President pro tempore of the Senate,
does not make that Senator the perma-
lent presiding officer Of the Senate.
as many persons seem to think If
President Grant should die, and the
condition Of affairs provided for by the
and laws should thus be
brought about-viz: no President and
no Vice President-the successor to
The acting Presidency would be- who
ever should happen to be President Of
he Senate st that time, without regard
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