The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-10-01
"A GENERAL ARTHUR PRESIDENT

distinguished ability and lawyer Of great
eminence and prominence, takes the position
thu, General Arthur is only vice,pres'dent,
acting AS president, and that, therefore, he
has right 10 preside over the senate il he
sees proper. If Judge TrumbulIs position
be the correct one, it does not interfere with
the election of president pro tempore OF the
senate, COR wo know ihst in all the past this
thing has been done that there might be
presiding officer of the senate in the absence
of The yice-prasident from any
cause whatever. This is an impor-
I mt matter and must be a question Tor
grave consideration ind studied action
by congress at ia next session, The con-
stitution of the United States says, section /,
article 9: 'In case of the removal OF tho
president from office or by his death, resg-
nation or inability to discharge tho powers
and duties of said officer the same shall de-
volve on the vice'president, and the con-
gress may by law provide for the case oil
removal, death, resignation or inability
both OF the president and yice-presldent, de-
claring what officer shall then act as presi-
dent, and such officer shall then act accord
ugly, until the disability shall be removed,
or a president shall be elected" Now, mark
closely the reading of this extract from the
constitution, We do not agree with Judge
Trumbull and We shall proceed to give our
reasons for that disagreement. BY reference
TO the quotation We have made from
the constitution it would be seen that If the
president is removed from Office, that is If he
b. impeached and convicted, ifhe dies, II he
resigus, OF If from any inabillty--or dissbill-
ty which is the better word, the two meaning
the same thing, however-the president elect
cannot perform the powers and duties ncum-
bent upon him and prescribed by the consli-
tuition, 'the same shall devolvo upon the
vice-prOsdent" Just hnnalyze this propo-
silion. and ssy what il is that devolves upon
the vice.prCsident? II is clearly tho powers
and duties of the president. Those powers
md duties rs aot forth ia tho constitution, are
that he is commandments of the army
and navy, aud Of tho militia OF the several
states whom they are called iolo the service
of the United States, Hs has directory
power over oil cabinet officers to
tho extent of requiring from time to
time written opinions upon any suoIec'
relating 10 the duties of their respective
offices, and he has tho power to grant res
prleves and pardons for offences against the
United States except in cases OF impeach-
ments. Ho has power by and with the con
sent of two,thirds of the senate to make
treaties and no has power IN the same way to
appoint ambassadors, Other public ministers
and consuIs, judges of the supreme court and
other federal officers not otherwise provided
for by law, and has poWor to convene both
houses OF congress, or either Of them, In G'
ira session on extraordinary occasions, and
il tho two houses should disagree on the time
Of adjournment no can adjourn them TO any
time he sees proper and II is incumbent upon
him 10 SEQ that all United States laws are
faithfully executed. These arc briefly h,S
powers, besides which, there aro some re-,
0uirements eXacled Of him not nessessary TO
state. These are the powOers and duties that
devolvo upon the vice president when
he takes the place of the president
for any of the causes mentioned, and speci-
fed in the section quoted above. With tles)
powers and duties devolving upon HIM
surely ho is virtually president. Note the
distinction and difference apparent on close
examination in the clause of the constitu-
ton wo have quoted. We know that II the
president is removed from office, if no 70.
signs. or irho dies that the presidential office
is thereby absolutely vacated, and that uni
tho timo for which he was elected, tho yica
president performs his duties. This is an
absolute constitutional requirement and pro-
vision. Ii the president by inability cannot
perform his duties, the vice-presden! must
perform them for him; but is there any pro-
vision anywhere in tho coslitutiou that
when that inability ceases 10 exist the ptesi-
dent shall sssumelho functions OF his office?
Who can lind III And right there the great
est complication of all tho mootOd construo-
tons of this section of tho constitution comes
in. If the vice.plesjdent be once clothed
with the dignity and the functions of prosi
dent, performs the duties Of tho Office, who
can say TO him, step aside for anothorNi
That Is TO say, whereas there any constitu
tional authority under and by which to
deposu hml Ii wo notice closely we SEQ thai
under tho constitutional clause and provision
in question, tho vioe'president is clothed with
tho powers and duties Of tho president IN
four contingencies. Further on in the san,c
clause, before period in its punctuation IL
rescbed II provides that congress, In case Of
the removal by "doath, resignation or inabil'
,y" Of tho president and vico.prosident
both may by law provide, that is declare,
"what officer shall then act as president and
ouch officer shall act accordingly until the
disability DO removed OF president shall bO
elected" In the case of tho death, removal,
resignation or inability of tho president, hs
duties "shall devolvo on tho vice-prosidenC
The constitution does not say that