The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-10-01

disability be removed" in case either the
presidant-elect, or the vice-presiden! who
may have succoaded him, be disabled End
temporarily unable TO perform bis duties, or
in case q either of the other contingencies
removal, resignation or death, then only until
~ president shall be elected" By this
clau,e we SEQ tho vice-president succeeding
the president does not act as president but
is absolutely president. The president pro
tempore of the senate, or the speaker
Of the house MS the case may
be- does set. II the constitution meant that
the vice-president was only acting president.
why does II make the distinction we notn be-
tween him and the officer who may follow
him? A clause in section Of article | Of the
constitution pays; "The vice-president Of the
United States shall be president of the sem
ate, but shall have no vote unless they be
equally divided. The senate shall choose
their other officers, and president pro tenn
pore in the rbsence of the vice.president or
of tho United States" What does this clause
mean il it does not direct that when there is
no president elect, exercising the powers, du.
tes Aiunciions of president, the vice,pres-
ident having assumed them under the
law, that the vice~president can not at the
same time perform tho powers, duties and
functions of vice-president Before General
Arthur, as vice-president of tho United
States, succeeded to the duties of president
our country has known three such success
sions. The first one was Mr.. John Ty Ter.
He assumed and performed all the duties OF
president after President Harrison's death
making the white house his home. He nov or
sttenpted the Two offices OF presi-
dent ard vice-president. Following his
precedent, Mr.. Fillmore, after the death of
President Taylor, and Andrew johnson after
the death of President Lincoln, simply
did the duties rs best they could
Of president. Usage, custom, precedent
becomes as binding rs statute law; when
acQueaCed in and generally recognized. Has
not usage, custom, precedent as far rs it
has been possible 10 establish them in our
country made it fixed fact, IN absolute and
positive precedent that the vce-president in
tho case of tho death of the president be,
comes himself president? Mouarchies have
their SUGGESTIONS by law. Republics must
have theirs too under reasonable restrictions
and from our reading and comprehension Of
the constitution the succession is restricted TO
the vica pr sident, for tho president pro tenn.
pore OF tho senate or Hpellr Of the house.
can only net, mark the wolu, act in the con.
slitulion during disability or in case of the
death Of both president and vice-presidenI IN
| til n president can be elected. Viewing the
matter as we do, and arguing on the line
that we do, we must think that Judge
Trumbull ia wrong, and that General Arthur
is prosldant, having no right to preside over
the senate at any time. But il he had The
right, how could ne exercise il? The duties
incumbent upon him ms the chief mags-
trate Of this country--for such he is, whether
president &c jure or dc facto-absulutelv or
only sctng-are SO multtudinous and exact
lnG that no has no timo TO preside o1N
senses and be subjected to their beck and
call ss to times of meeting and of sessions.
We think General Arthur is president of tie
Uuitod States, and that whoever may be
elected president pro tempore of the senate
will be tho first in tho line of succession with
the i'm atoms tho constitution gives.