New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-06
ONE PRESIDENT 1T 4 TINE.

In the scVeresC sense, the hepuDlc has taken
no harm since the President was shot. Some
persons have failed to get Office. Some posi-
tions have been temporarily filed possibly with
less satisfaction to individual interests than if
the President had been ready to put in new
men. But the work of the Government has
gone on well and without disturbance. There
is no immediate necessity of any change.
There is no public demand for it, The con-
duct of affairs during the Presidents illness
has been in all respects satisfactory. The
members of the Government have. acted with
singular prudence and circumspecton. The
country does not see that the public business
suffers in the hands of the men chosen by Pres
ident Garfield to conduct it,
1t is, therefore, not because there is any
present need of change in the conduct of
affairs that we have been of the opinion that
the question of calling special session of
Congress might properly receive the serious
consideration of the Presidents advisers. The
discussion of the Inability question has already
developed a wide divergency Of views among
our leading lawyers and statesmen, not to
speak of newspapers. The discussion has not
been altogether useless. 1t has worked out in
its course some of the widest errors and alb
surdities. We believe that there is not more
than one Democratic paper, and no Republican,
which now holds that momentary disability
of the President puts the Vice-President in his
place for the rest of the tcrm-a view which
was loudly asserted week or two ago Tt
seems that the view put forward and ably sup
ported by Mr.. RObesOn in The TRIBUNE, a
few days since, that the Vice President must
be the sole judge of the time and circum-
stances under which the Presidency devolves
upon him through the inability of the Pres
ident, has also failed to gain the assent of the
most judicious lawyers aud thinkers who have
examined it. The position we have taken, we
think, will be the one finally accepted by the
country at large, that statute of Congress is
required, or is at least highly expedient, to
carry into effect the provision of the Constitu-
ton for devolving upon the Vice President the
duties of disabled President. IL is not
claimed that Congress can exercise any judicial
power, or declare of itself that an inability
exists but it rests with Congress to prescribe
the way in which the fact of inability may
properly be ascertained, and the proper measures
for the transfer of the Presidential fmctic as
An extra session of Congress or of the Sen
ate might be desired for other reasons. The
Constitution does not intend that there shall at
any time be only single life between the
Presidency and anarchy If the President
should die, there would be only the Vice
President for the Senate has no President
pro TEN. and the House has no Speaker. ses-
sion of the Senate with no presiding officer
and no Secretary, and with possible control
of the Government depending upon every vote
might end in trouble. AS long as the Vice
President can sit in that capacity the Senate
can meet with a probability that no serious
difficulty or prolonged deadlock can arise.
Hence, there are many reasons for holding
that the Senate, if not both houses, might
properly be assembled at no distant day. In
party aspect, nothing is to be gained But
If a chance of serious and prolonged disorder
could be averted, the occasion might seem i'm
portant enough, in a public point of view, to
Justify session.
1t is held by some that the inability of the
President can be met by formal request from
him to the VicePresident to act as his substi-
ute until his recovery. But the suggestion
is not good, medically or politically AS
respects the health of the President, the
uncertainty as to the action Of any tenn
porary substitute could hardly help the
Presidents recovery. In political point of view
the position of the Vice-President would be
remarkably difficult and thanIlless one. and
there is more than one chance that he would
earnestly seek reasons for declining a tempo
rary charge of executive power. If directed
by some tribunal charged with such functions
by Congress to take the place OF the President
temporarily, his position would be less difficult.
it is true, though crowded with embarrassments
even then. If the Judgment of the Vice-Presi-
dent should happen TO differ from that of the
President i'll any matter, it would be hard to
expect him to disregard his own convictions.
In the discharge even of a temporary duty.
and yet it would be still harder for him to