The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-09-13
PRESIDENTIAL INABILITY.
Boston Traveller.

PRESIDENTIAL INABILITY.
Boston Traveller.
The questions of constitutional law ana
procedure touching the Presidency and the
discharge of it's duties during the inability
of the President by the Vice President, no
longer belong, as when first they were
mooted, to the domain of speculative con-
troversy. In view of the Presidents con
tinued prostration and of the long period
which must elapse, even under the most
favorable conditions before he will be fully
restored to health and strength, these ques
tons have become of the first practical mo-
ment. A few more weeks and they will
become pressing. Such being the case.
the interviews with number OF prominent
LAWYERS of this city, which we print IN
other columns, have timely bearing upon
what we may without exaggeration call
the great public problem of the hour. The
names of the gentlemen who have thus ex-
pressed themselves on the various legal as
poets of the matter to our representatives,
will command respect. They belong to
both political parties, and their views ex-
hibit less divergence than might have been
anticipated The majority of them, 1t will
be seen, holds that the Vice President must
be himself the Judge of what an occasion
ers and duties of the Presidential office.
fPttsburg Chronicle Gnd.,) Sept. 81
The Presidents inability to perform the
duties imposed by his office is such that
there youIl seem to be prompt demand
for his relief. Even if his improvement at
Long Branch should correspond with the
hopes of the people of this country and the
desire of all nations; if his recovery should
he as rapid as in the nature of the case
NAV be possible. months or year may
elaDse before it would be prudent or safe
for him to assume the weighty cares and
laborious details of duty The premature
assumption of perplexities and response
hilities that have broken down some OF his
predecessors who have entered upon them
in good health might retard and prevent
complete restoration. Protracted rest and
an ocean voyage may and beyond DOUBT
will be indispensable to his full recovery,
if, indeed that is possible under the most
favorable circumstances.
baltimore American (Rep) Sept. n
The decisions of Congress upon the sue
cession have been uniform. There is no
provision for the return OF PRESIDENT. 10
his office after the removal of temporary
disability Under the presidents establish
ed the President when he comes
~ os President Neither in the
CONSTITUTION nor in the decisions interpret
mo it is there any recognition OF such an
office as Vice = President act
inc as President" When Tyler sue
ceeded to Harrison this question came up
&c to whether TYLER was President" or
Vice President acting" &c. 1t was de
cided nv vote of SO to 8 that when
Vice President succeeds by death, resigna-
ton or inability, he becomes PRESIDENT OF
the United States. 1t is. therefore, evident
that the inability must be OF permanent
kind. Co... A.
There is some business of a routine char
acter that the Cabinet might properly per-
form in his name. and some documents
which IL is customary for the President to
SION might perhaps be attested by the
| cTeat Seal without his signature. This,
however. is not true of commissions TO
| officers. as the law expressly provides that
the seal shall not be attached to them until
thew shall have been signed by the FRESH
dent of the United States. Hence there IS
| como real urgency to support the view that
the President ought to assume the
office during the interval. During the
/ mss, eight weeks there has been pretty
thorough discussion of the constitutional
nroyision on this subject, and there seems
| to have been no point OF view from Whicn
If has not been considered. The weightof
argument and the weight OF opinion ellclt-
cd in this exhaustive discussion. in which
MANY eminent jurists have taken part, aP,
Ipear tn he that the Vice President should
aesume the office. This view rests on the
nronositions that the Constitution is self
| enforcing: that the condition OF Inability
| contemplated by the Constitution exists
md that i'm the absence of any provision
las to how its existence ahall be declared
the duty is devolved upon the Flce.i resa
dent by the fact itself.
Rochester Union {Dem.), Sept. ~
Last November the people of this coun.
try. through their several electors, elevated
lanes A. Garfield and Chester A Arthur
to the position of President and plVe-Pfes
rder,t. On the 18th of March following tht
President. in accordance with the law, was
, inaugurated and entered upon the duties o.
his office. In like manner did the wee
President. On the ID of July the Presi
dent at the hands of an assassin received
wound which, to say the least, has con
!; fined him to bed of pain and suffering
from which he has been unable to NOV
save by the assistance of others Accord
ing to the official dispatches OF emlnen
surgeons he has been in state borderin;
r ,,non death. where for months the threat
e of life has hung upon the edge OF uncer
= tainty. That he has been and is now inca
nable of trarisacting the duties OF his hlg
office no sane man can for moment douDi
e Heis really weak shattered and broke
q piece of physical and mental organization
f to whom not even q child would GO 10
advice, much less q nation OF fifty million
: of people. To whom shall this people look
It and by whom shall the affairs of this grea
e nation be administered? Shall.it be sai
. that an unwritten constitution, the creatur
J of Secretary. the work of a faction, mus
: be the motive power, without preceden
e and without law as authority? We stan
as Americans upon the well-detined basl
of a written constitution; we have no cui
= toms whereof the mind of man runnet
1T not to the contrary" This is q distinctly
= feature of our Government, to which OF
: statesmen and our jurists in the past hay
IL averted with pride. We, no matter no