In Committee of the Whole, on the bill declaring the officer who, in case of vacancy in the offices of President and Vice President, shall exercise the office of President of the United States, Mr. Boudinot in the chair.
The motion for filling up the blank with "the Secretary of State for the time being," was renewed by Mr. Carroll.
Mr. Livermore observed, that the character of the gentleman who fills that office should have no weight in determining the question, because the House was about to provide for a case that might not happen before a number of years were elapsed. The House should fix on the officer who would, from the nature of his office, most naturally succeed. He hoped they would not determine in favor of an officer of their own creating, and of which no mention is made in the constitution. The Chief Justice, he remarked, had been spoken of: one great objection he mentioned against him—the provision which the constitution makes in case the President is impeached, viz: that he should preside. As this was an elective Government, he wished its principles preserved, and not to see the Chief Magistracy filled by an officer not the choice of the people. The President of the Senate pro tem, appeared to him a much fitter officer to fill that station: he was originally chosen by the people to the Senate.
When amendments to the constitution came to be thought of, perhaps it would be proper to provide for this case by a special clause in it, empowering the Electors who had chosen the President and Vice President, in case of vacancy, to meet again, and make another choice; only, however, for the remainder of the four years; because, at the end of that time, the power of choosing the Electors should return to, and be exercised by the several States.
If the motion before the committee was negatived, he gave notice that he would bring in his, viz: to fill up the blank with the person last antecedently chosen President of the Senate.
Mr. Baldwin said, that he should vote for the present motion, because he conceived that the constitution is express, that an officer of the Government, designated either by the law or the constitution, should be appointed to fill this vacancy. He stated some objections against the Chief Justice. He is an officer who ought to be entirely detached from all political agitations whatever—his mind ought to be kept calm and as unembarrassed as possible. He quoted the precedent established in the law instituting the Governor of the Western Territory—there the Secretary is to succeed the Governor. The Secretary of State is an Executive officer, an assistant to the President, and must be supposed, from his situation, to be the most proper person to supply the vacancy.
Mr. Sherman was of opinion, that putting the Chief Magistracy into the hands of a subordinate officer, was by no means proper. As to the observations made by the gentleman last up, on the arrangements in the Government of the Western Territory, he did not think they could be applied to the present case. That Government is a subordinate one, and a kind of legislative power is vested in the Governor of selecting, from the laws and regulations of the different States, such as he thought requisite for the Government of those he had under his care.
He was in favor of giving the supreme Executive, in case of accident, to the President of the Senate. The Government would certainly suffer fewer inconveniences by that arrangement than if the head of a department was put in. The Vice President, by the constitution, succeeds to the President—the President of the Senate to the office of the first; it is therefore very natural that he should also exercise the duties of the second in case of a vacancy.
To designate any officer as possible successor to the President, would be giving him too much dignity, and raising him, in a manner, even above the Legislature.
Mr. Carroll observed, that the vacancy might happen in the recess of the Legislature, or in the absence of the President of the Senate; the Secretary of State would always be at the seat of Government. Besides, the constitution declares the vacancy shall be filled by an officer of the Government. The President of the Senate is only an officer pro tem. If the framers of the constitution had intended the vacancy should be filled by an officer named in it, they could have designated him; but this they had not done; he therefore supposed they had in view some officer not then in existence.