Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-08-13
lanraster fntellgenrer.
EVENING. AUG. 49,. 1881.
Presidential Succession.

The language of the constitution and
tie laws supplying a successor to the
president, in case of his disability to per-
form the duties of the Office, appear to
afford a wide field for discussion and dis
agreement among lawyers and other
people Of a hypercritical turn of mind
but the difficulty does not seem great to
those who are content to read the law in
the light of its intent to keep the presi-
dency supplied with an officer able to full
fl its functions. Since the president is
elected fOrfOur years it seems obvious that |
he may not he supplanted in the exercise
of his powers during any part of his
term in which he is able to exercise
them but during any part in which he
is disabled the vice president takes his
place to relinquish it when the disability
ceases. The practical difficulty arises in
determining when the presidents dis
ability begins and ceases. No one
is empowered to declare this unless it be
the president, the vice president, or the
courts The president, if he is conscious
OF his disability, it would seem, might
very properly call upon the vice presi-
dent to temporarily take his place.
President Garfield, though certainly dis
abled, has not seen fit to divest himself
of the duties lie cannot perform. The
vice president, if satisfied OF the presi-
dents disability, might properly consider
it to he his duty TO take upon himself
the duties which the constitution in that
case puts upon him. But evidently
there would he danger in permit
ting that officer to assume the presi-
Dental powers upon his own judg-
ment of his right to do so. Yet it is
every mans duty to act upon his own
judgment OF his duty, and if the vice
president is convinced that the presiden-
tial powers have devOlved upon him can
lie conscientiously abstain from taking
steps to assume them We do not think
he can. But what are these proper
steps? He may not seize the presidency
violently. His recourse, in case his
right is disputed, would seem to he to
the judiciary; and, though no way is
specially provided for obtaining such
adjudication, general powers of the
judiciary should suffice to enable it to
determine the vice presidents claim of
right to the presidency. But probably
before the machinery Of the court could
BE- got into operation the emergency
would cease with the presidents re-
cove.el disability; rs there should he
no practical vacation of the presidency,
the manifest duty of Congress seems to
Ike To require the supreme court to
promptly determine whether the exi-
gency has arrived which clothes another
than the president with the presidential
powers.
The writer in the Albany La" Jour-
nal, who insists that, when there is no
vice president, the president of the
Senate and the speaker of the House
are not permitted by the constitution to
he called to the presidency, is most evil
IDENTIFY lawyer, as no other than law
yer would ever have thought of denying
that these officers OF the Senate and the
House are "oflicers " within the mean
ing of the constitutional direction to
Congress to declare what officers shall
act rs president.
This commentator holds that the
L" officer mentioned in the constitution
must he an officer of the United States,
.,.l l,o ,,.;,,f.,;Oc tI,,t ot3;corS nf liz, Son-
ate and House are not officers of the
United States. The legal mind may he
attracted by the strength of the point
here made, but to the ordinary cOmpre-
hension it is quite too sharp to be receiv-
ed with favor. Congress can make an
officer of the United States out of any
one and even though senator or re-
preventative may not be such officer, is
not the presiding officer converted into
one, if by nothing else, by the very act
of Congress which confers upon him
succession To the presidency, rs an officer
capable of receiving that succession un-
der the constitution But independent
ly of this consideration, the ordinary ap-
prehension of men will hold the presi.
dent of the Senate and the speaker of
the House to- he officers of the United
States by virtue of their offices rs men,
hers of Congress. There has been much
discussion Us to whether congressman
are officers of the United States or of the
state. They are in fact officers of both,
in the genelal opinion, however much
lawyers may be disposed to dispute the
manifest fact. They take the oath as
officers of the United States, are solely
occupied with the business of the United
States, and get from it their compensa.
ton. They fill United States office in
being representatives in the Congress OF
the United States, and are therefore
as distinctly officers of the United
States as they can be made When
Congress gets to the consideration
of the legislation needed to correct the
defects that have been made apparent in
the prescribed mode of presidential sue.
cession, we believe, as we have before
said, that it will find it most expedient
to give the succession to the members
of the cabinet after the vice president
They are always on hand to assume the
duties, which, moreover: the disabled
president would he disposed to confide
to them during his inability. And he
should have this privilege. There is nc
in, ~