The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-09-30
what 10 mr.. Arthur's present Condi
tI0ny

$3.50
situstion and Of the constitution
OF the United States and Of the action and
intention Of the people OF the
state, in selecting electors for president and
vice president Mr., Arthur announces him
self" president of tho United States" Mr.
Ky er did the same thisg hnd was permitted
to indulge an air of importance rather than
take up the TINA Of congress in setting him
RICH! under tho impression that no other
man OF sufficient importance to bs elected To
the same position would assume such author
ity. There was much doubt expressed o.
ihepropriety and even the legality of Mr. Ar,
thurs entering upon the discharge of tho
duties of the office of president during the
disability of MIR. Garfield and it seemed 10 be
matter OF much delicacy with Mr.. Arthur
himself Indeed, there were some who APP
pesred TO think that no could only enter
upon the discharge Of tho duties of tho office
As president and that only in case OF
the removal Of the president from
Office, of his death, resignation or permanent
disability, Qnability.) Such positions are
unreasonable, and in want OF the PLANES.
dic,Ation of common sense. They are only
reached by great perverson of the language
employed by the frames OF the constitution
aud would defeat the very object had in view.
The language is so explicit that the purpose
annot DO mistaken except under some UNI
fortunate bias of the understanding.
In order that there should be no functional
irregulsrity or lapse in the office Of president,
il IL provided that two men be chosen,
president and vice-president, proposed to
be equally capable of dlschTging the duties
of tho Office, and equally worthy. Tho presi-
dent is president and the vice president is
vice-prosident- nothing moro, and nothing
of them can DO anything ese during tho
term for which they werl elected.
The people of the different states selected
electors, who assemblies in the electoral col-
lege provided By the constitution and determ'
inel, in accordance with tho mode prescribed
by law, who should be president OF the
United Statoa Cor tho ensuing four years ard
who should DO vice. president for the same
term. This proceeding tlEed, unalIerhbly,
| the pOeiuOn of tho mon and gave TO the
country those officers, and they alone could
change II by refusing TO accept, or resignlng
after they had accepted, Having accepted
and qualified there lie no provision made for
any other person becoming or being made
what either of them is, or assuming the title
OF either during the time for witch no Is
elected MIR. Arthur is vice,president of the
United States, duly elected and has accepted
the honor, the title and the trust. He cam
| not change his title, and every act he at
tempts, by any other title, is illegal and
void.
In cases of the removal of the president
from Office, or Of his death, resignation or
inability to discharge tho duties of ,sid Office,
the same shall devolVo on the vico-prssdent,
The vice.presidenl shall discharge
thsm-tho powers and duties of tho
president shall deyolye on the vice-presdont;
not the office of president, but the powers
and duties. If 1t had been so intended, it
would have been 80 easy TO have said 1.-The
vice-president shall DO president" This
would have been so much in keeping with
the persplcuity Of that great instrument
But there Ia no power vested anywhere to
confer upon Mr.. Arthur the title president
The president is dead, but the vice.president
still lives and ia under the same obligations
to discharge the duties of the office by hi,
title, vico-president, as Mr.. Garfield WAS by
his title, president Mr.. Arthur has as much
legal right to call himself James A. Garfield
as TO call himself president.
I THE constitution provides expressly, that
sin case the president and vice,presidenl
are both removed, or shall die, resign, or be-
unable to discharge the duties of the office,
congress may, by law, declare what officer
shall act rs president" not What officer shall
DO president, "and such officer
shall act accordingly until the
disability of the president or vice
president DO removed, or president shall
be elected" And this language of tho con
stituticn supports tho position of the present
duties devolving on the vice-president in any
temporary disability of the president, provid-
ing that whom congress has declared what
officer shall act Ms president, such officer
shall &c. accordingly until the disability be
removed. The only object of this Ian.
gusge of the constitution sto authorize
and direct congress TO provide by law what
officer shall act, and there was no intention
whatever TO direct congress 20 legislate in
regnrdto the character of disability that
would authorizes the vice'president 10 assume
the powers and duties of president. BY his
election and the confidence reposed in him
he WAS morally bound 10 take care of the
Interests of the country, and 1t WAS his DUTY
whenever no saw the president disabled to
como to tho discharge of the duty for which
he was chosen, for IL was 10 contemplation of
a contingency like that his office was proyid
cd for by the trainers of tho constitution, and
IL WAS in view OF such as that
he was chosen by tho people. Had
MIR. Arthur discharged his duty, he would
have boen acting ~ president all the time
that Mr., Garfield was unable to discharge
tho duties, and as there was possibility, or
believed to bea possibility Of his recovery, MIR
Arthur would certainly moi have assumed to
be.sbsolutely president and so signed himself;
for in that case ihere would have been two
presidents living. But the unfortunate con-
struclons given TO the constitution BY which
II is distorted into ON iutsntioS to authorize
congress to provide means for determining
tho character of disability of tho presideni,
or that no has died, resigned, or been RI
moved, and OF promulgiug IL, or notifying
the ycc-president, has possibly misled MIR
Arthur, and by the effects of such teachings
and the influence Of men who are so blinded
by an overweaning appetite for political
intrigue a. TO perverl thar clear and beauti-
iul Language irem its design. he may fail TO
discern tho distinctions, the unparalleled 70.
nown that his predecessor rose 10 In four
short months by the pursuit Of truth, the
exercise of independent thought and q do.
lermin alton 10 do right In spite Of all rela-
tions, political, religious or social.
VERA Pho GRAru,.
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