The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1881-07-14
THE PRESIDENTS SUCCESSOR

/ The constitution of the United States
| has been carefully framed and has IN
dergone notifications suggested by ex-
| periences. The arising of unforeseen
| contingencies in the election of president
| and 7ice-president made changes in that
part of the constitution desirable and
| they followed promptly upon the knowl-
| edge that the provisions Of the original
were inadequate to full and speedy de-
termination Of the choice OF an executive.
After the election of Jefferson by the
house, the dangers of such contests In
the future were guarded against by en-
amendment to the constitution. Every
person believed that the provisions of
the amendment covered every contingent
cy except those so remote as to be unde-
serving of consideration. But provision
was not sufficiently acute as the logic OF
facts demonstrated in 1876. Obstacles
that were thought to be purely imaginary
SO remote We're they from probability,
sprung up, dangerous because unexpect-
ed and new. The constitution was Of no
value because it did not recognize as pos
slble the Intervention of such difiulties.
A revolutionary proceeding was the re-
suit which destroyed confidence in the
constitution as guide and in the depart
ment which interprets it and the laws.
When congress provided for a success
sor to the executive power in the event
of the removal etc. of the president and
yice-president' placing the president
pro tenn. Of the senate and the speaker
of the house in the line Of succession, it
seemed as if foresight had gone to the
limits of caution. But the possible death
of Garfield and the interregnum in the
other two positions almost exhausts the
safeguards against disturbance in case of
an interregnum in the presidential Office.
But at the worst the danger is more spec
ulative than real. History which shows
that a break in the line of succession in
monarchies is fatal to peace, has made
that fear hereditary. In the event of the
death of Garfield and Arthur and vacan-
cies in the other positions in which exc
cutive power would vest, no more serious
consequence would follow than some
little financial furry caused by the sensi-
tiveness of money at the least indication
&c 40, IN &c
no American so insane as to believe that
he could seize upon power thus temper
arily left unwielded. The people would
willingly acquiesce in the assumption of
that power temporarily by some depart
ment of the government. In crises of
that nature the peoples good is the su-
preme law. No serious consequences
would follow if the government were left
without head until congress could con-
vene. The government OF the United
States has been so systematic, it has been
so well recognized that the power ema-
mates from the people, that this sover-
eighty would by the force of conviction
govern for a considerable period with
out displaying authority. A republic is
different from despotism or monarchy
where the power is hereditary.
Since the 2nd day of July the Unite d
States are practically without president.
1t is probable that there has been no
official executive act. The question
arises, suppose # be necessary that the
president should perform some official
act, is the president incapacitated III the
sense meant in the constitution so as to
make Arthur president? Is Arthur pres
ident OF vice president, Il It be granted
that the president is incapacitated from
''discharging the powers and duties OF
said office" Authorities in the main
agree that when the vice-president sue
ceeds to the power of president he is
then President of the United States. Is
Arthur such or is he acting president?
The constitution in speaking OF the per
sons who may be designated by congress
to act as president in case Of the "death,
resignation or removal of the president
and vice president, states such officers
act as president until the disability be
removed" The omission to include the
vice president in this limitation imposed
upon the acting president, would indi-
cate that he is not acting president, but
that when he assumes the duties he is
president. Again the question may be
asked in view of Garfield S disability, who
is at present the President of the United
States?