Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-09-12
The Disability Question.

The Disability 9uestion.
"Is is reasonably certain that the peo'
pie of the land, recognizing the emer'
gency, would endorse any simple, easy
plan adopted by the President to hll his
office. In the future provision FOL
future cases might be made. Just no"
il would be sufficient, l think, il the
President simply addressed a commune
cation to Vice President Arthur request
ing him to assume the duties OF the
Executive Office. Nothing else would
be necessary. Mr.. Arthur would, as a
gentleman, feel the delicacy OF hls posi-,
ton, and the country might rest assured
that lie would do no act or make an ap'
poiutment which would not meet with
the hearty endorsement OF the man
whose chair he was filling. He would,
I think, venture little beyond mere
routine business. Coz Bigetow, Of Con-
necticut.
"In nv opinion Mr.. Arthur is now
legally the President OF the United
States, and by his oath OF office as Vice
President he is bound to assume the
power and discharge the duties OF Presl'
dent without further delay. President
GarieId's inability to discharge the
powers and duties OF the Presidential
office is a fact which has been officially
proclaimed bv the Secretary OF State" -
Montgomery Blair.
at is clearly shown that the public
business must have accumulated to that
extent as to demand the action OF the
President, and if President Garfield is
not able to perform the duties OF the
office it seems to me to be Tor the best
interest Of the country that the Vice
President he called upon to perform the
duties OF President. "-GOV. Lthtefetd, o.
Rhode Island.
"There can be no temporary disability
OF the President. The Constitution pre-
scribes that the Vice President shall be.
come President only in case OF 1.-THE death,
resignation or inability OF the President
10 discharge the powers and duties OF
his office. The disability contemplated
by the Constitution meaus a disability
80 pronounced that the Executive shall
in every sense be dead, as 1t were, or
unable to discharge his duties tor the
remainder of his term" -Sendtor Jones,
of Florida.
"Under the Constitution there can be
no disability that the President can be
conscious OF. 1t must be a disability,
as, for example, if he were insane, which
is patent to everybody except himself.
So long as he possesses reasoning powers
and can direct what should be done in
his place he cannot be held, under the
Constitution, to be disabled. II he is
suffering from disability, such as is
clearly evident to those about him and
to the country, the Vice President, un
der the Constitution, must assume the
functions OF the Office, and no legislation
is needed to enforce this duty, though
it will be we'll for Congress to make
some provision for the future, perhaps.
In this case the Vice President acts only
temporarily, and while the disability oil
the President continues. "-Er Senator
Eaton, of Connecticut.
81 do not think that the trainers oil
the Constitution meant that a temporary
illness, however severe, should constitute
such inability as would warrant the
Vice President in taking possession OF
the office. Gen. Arthur, all of whose
conduct in this serious crisis has been
so full Of delicacy and discretion, is not
likely to yield to any premature sug'
gestions OF this character. "-Seaator
Hoar, of Massachusetts.
"While in the vacation OF Congress
and in a time OF profound qulet the
country does not suffer from the want
of Executive ability, and, therefore, Mr.,
Arthur is wise and discreet in not claim
ing the Presidency, yet we can all con,
ceive in a crisis in which Mr.. Garfield
would be, in his present condition,
utterly unable to act, it would be Mr.,
Arthur's duty to the country TO take
charge at once. But in such a cage
everybody would so spontaneously re-
cognize the propriety of such a step that
il would take care OF itself. Practically
the wisest course has been taken. Nc
crisis has arisen, and to the great credit
of our people and our Government its
machinery has run smoothly with little
or no action by the Chief Executive"
Gov Long, Of Massachusetts,
THE question is one on which the
people should have no differences. IL
will best be left until such time as q
necessity shall arise Tor its settlement,
The people are disposed 10 be fair In
considering it, and when the necessity
arises the Constitution will be found
elastic enough to provide for the Vice
Presidents acting for the President. u
conrse, while there is pos bil'ty o. a
termination OF the disability, there can
not be two Presidents, and the Vice
President could only execute the duties
OF the position as Acting President, bul
with no less authority for the time o'
his temporary service than ii he were
President in fact and law. "-Er'Scret1r
Evdrts.
There is nothing palmer than tn,
provision for devolving the Executive
duties on the Vice President in case o
the Presidents inability. II is equally
clear that when the President becomes
able to perform the duties the power q
| the Vice President ceases. / decline Il
say what the President or NJ. Arthur
ought to do. The parties personally
connected with the present question arr
in a most delicate and somewhat Difficult
situation. A little decent %forbearanC'
Of outsiders would not be at all out L
place."-Judqc Black.
"My views upon the subj ct July coin
eide with those expressed by Ju6c'
Black. The question is a very delicai'
one, particularly as to those who, in tn
near future, may be compelled to tax
official action upon it. can only Sc.
that | believe that Congress should haN'
long since passed a law directing an
positively defining what constitutes dis
ability in the Chief Magistrate for III
discharge OF his duties. "-Ssnator Hill,
GeOyCid.