New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-08-11
PRESIDENTIAL INABILITY.

Allowance must be made for many of our
"esteemed contemporaries" when the hot
weather comes, and ideas are scarce, if they
waste some time and space in talking nonsense
The discussion about the assumed inability of
the President has its origin in dog day tempera-
ture and mental vacuity. The facts in the case
do not justify alarm serious discussion and
the possibility that the Government might be
left without a constitutional head is almost too
| remote TO be treated seriously
But even The World, while giving to the sub
Ject great deal more attention than the cir
cmnStances seem to us to call for, does not
strive to ignore the obvious fact that the Con-
stitutlon makes no provision for any temporary
| exercise OF executive power. An acting Presi-
dent" is not an officer contemplated bv the
Constitution. If a President ceases to I'll the
Office, there is constitutional provision bv
which somebody else may become President in
his stead, but it is nowhere provided that, in
case OF any temporary absence or inability of
| the President, somebody else may take his place
for the time and perform his duties Though
such provisions exist in State Constitutions. as
to the Office of Governor, the Trainers of the
Constitution were wise in declining to intrust
the vast power Of the President to d Temporary
occupant. 1t is obvious that, having the an
pointing power and being COMMUNICATIVE chief
of the Army and Navy, a temporary tenant Of
the Executive Office would be tempted to 30 Use
his power as to prevent the restoration of the
rightful Chief Magistrate. Far moro trouble
would be likely to arise. from any provision for
temporary occupancy of the office, than can
arise from temporary vacancy in fact, though
not in theory.
How does the President discharge the duties
of Chief Executive7 Nearly all of them by his
Secretaries They act for him, each within
prescribed departments. Ordinarily they can
refer to him for instructions at every instant
and can ut any moment be removed by him il
they fail to carry out his wishes. Hence the
legal ana common sense presumption is that
the act or Secretary, In any matter pertaining
to his department, is the act of the President
In most cases tho President is actually respon-
sible, though tho particular matter i'm ouestion
may never have been submitted to him. becaus.
the Cabinet officer acts in accordance with
general instructions, and carries out the known
wishes of the President without the need of
asking his sanction for every detail.
When the President goes to bed for the NIGHT
it does not follow that no orders can be issued
by his authority. The presumption is that
verbal or other instructions for any emergency
have been given to the proper executive
omcers' 30 when ne Is absent from the Capital
for day, week or month, rs Presidents re-
peatedly have been from the earliest davs. tbe
legal and natural presumption is that all need
full instructions have been given to his Secre-
taries. They continue to perform the duties
of their departments in his absence, not because
any new power has devolved upon them. but
because they We're chosen, have been instructed
and haveacted as his secretaries or agents, and
it is presumed that they still act under his d;
rections or in accordance with his known
wishes. This is the mode of government TO-
day. Whether the Secretaries consult the
President often or not at all is matter between
him and them. The country assumes that rhey
either consult him. or defer action, in any case
where they have not sufficient knowledge of bis
wishes. And the country respects their acts IA
those OF the Chief Magistrate whom they have
been selected to assist and represent.
III 1t should become known that the President