The daily gazette., 1881-09-03

deDcy by General arthur IL apsoIpips.
attention here to the exclusion OF all
other matters, save the health of the pa
tient.
CoNCL UsIoN OF THE CABINET.
Relative to the Cabinet discussion on
General Garfield's inability, described In
these despa' chss heretofore, learn from
the aforementioned authoritative source
that the members Of the Cabinet have
about arrived at harmonious conclu.
sion. 1t appears that originally there
was but ona Iroposition seriously dis
cussed, the o,Lefs being suggested ill.,
cidentslly as possible alterr atlves in case
the main plan should TAIL to receive the
approval of the Cabinet and the sane
tion OF the President and Vice President.
| That proposition was the principal one
printed ia these dispatches on the LIST
| inst, In subsl ance that the Vice Presi-
dent take the place of the President dur
ing the inability Of General Garfield.
VIEWS OF JUDGE STORY.
Aud this doubt would take strength
| In the fact that IL was apparently sus-
tanned by al least one Of the standard
comments ators on the constitution, Judge
Story, who says:-
1t the Vice President should succeed
TO the office Of President he will con.
tinue in 1t until the regular expiration
of the period for which the President
was chosen.
In response to this doubt 1t was shown
by one Of the best lawyers In the Cab
met, sustained by the opinion Of eminent
and Authoritative jurists, who have been
consulted informally, that Story's opin-
ion as addressed to the idt q of . per-
manent vacancy in the Office of Presi-
dent, and does not apply to the present
contingency, which embraces the Idea o.
mere temporary inability on the par
of the incumbent. And per contra, 4
} was shown that the weight OF authority
In the elementary books was In favor o
. the expediency of the proposition unde
} discussion by The Cabinet.
: OPINIONS ~ COMBINATIONS.
As illustrative of this Ereponderanc
Q OF authority, several citations wer
i made, among them one from Kent
: Commentaries, Witch read as follows: :
1 In Gaze Of tie removal OF the Presi
a dent from Office or OF his death resiRna
= ton or inability to discharge the power
and dates of the office the same sha
devolye upon the Vice President; an
o except In cases In which tns ffesiMei
10 Ia enabled to reassume the Office the Vic
1T President acts as President during u
IA rema matnder of the term for which u
\ President was ELECTED.
u And again in Flanders exposition
8, the constitution the followiDg:-
sr When the Vice President succeeds
r. the office of President upon the reno
al death or resignation OF the latter
discharges its duties until the close
The term for which the President wi
elected. But when he succeeds to Il
Office upon the Inability of the Presidel
~ he discharges its power and duties on
't' so long as such inability continues.
ar ACCEPTABLE TO THE CABINET.
be NV informant tells me tonight that
re far rs The members Of the Cabinet
OF concerned the proposition to meet T.
as Inability and exigency is acceptable to
M majority OF the member and that its
hi- nal adoption and consummattOp now q
III pends upon the acceptance and approx
II Of Generals Garfield and Arthur. I
~, delicaey required In presenting to o.
!, consulting with the patient upon mi
!, tor SO momentous and thus far witho
on precedent adds di fficulty to the sahje
,p- Tn handling this part the attending 81
&c eeocs are depended upon rs to the ms
~ ~ ner of engaging the patients mind up
,,s- nn the subject.
4; THE PRESIDENTS CONSENT.
,is In the judgment of most Of those b.
We, as, advised as to General 9arfe!d's CON
ton there ID no danger Of serious com
~, ouences IN talking with him on tue pi
position and the belief 10 that ne "
- gladly accept 1t. In fact the initiate
-, work has already been colDmenced
"'- the attending surgeons by gradual
an proaches In sh ert talks at opportune q
10 ments.
Is, QUESTION OF ADDITIONAL LEoIsLATIt
y. The idea of additional legislation
'. o provide for the present emergency
", not beon entertained In the Cabtset G.
sEo7 aultations because as my informant 81
frst the constitution Is ample for
,;,o purpose sought TO be accomplished
't 40 that instrum ent In this instance execo
~ itself. Second, Congress has no autl
,. ons ity in the case and besides one or
VI IA principal objects to be avoided At
= juncture In the interests OF the patieh
D. | , ~ aifhar nj hOth HOU96e.