Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-22
Presidential Disability.


Owing to the uncertainty attending the
case of President Garfield as to the like,
lihood of his speedy restoration to health,
considerable discussion has arisen oveE
the question of his inability to perform
the duties of his Office. While the Presi'
dent has been practically disabled since
July I'd, thus far no complications nave
arisen, and it may be that things can go
on as they are for some time to come
Should. however, the President be a
long while in returning to such state OF
health as would permit him to give the
amount of attention to his duties which
their character requires. the question of
his disability would become important.
The executive duties would have to
be performed. and, as in the case OF the
Presidents death or resignation, the
Vice President would succeed, it is
over this succession that the discussion
rises. To the average mind the Vice
Presidents tenure of the office would
begin at the announcement of the Presi-
dents disability and end at its close.
Yet there are some who inquire whether
he would not fill out the remainder of
the four years, having once succeeded
to the Office.
Where the warrant for such view OF
the matter is obtained we cannot see.
The Constitution provides on this sub
ject as follows:
'In case of the removal of the Presi-
dent from office, or of his death, resig-
nation, or inability to discharge the
powers and duties of the said office, the
same shall devolve on the Vice President,
and the Congress may by law provide
for the case of removal. death, resigna-
ton or inability both of the President
and Vice President, declaring what Off
Ger shall then act as President, and such
officer shall act accordingly until the dis.
ability be removed or a President shall
be elected"
Here it is expressly provided that the
Vice President succeeding, in case of the
Presidents inability, shall only act as
President until the disability is removed,
which applied to Mr.. Garfeld's case,
would mean that if disabled for six
months or a year, or two years, or
longer period of his term, it would be
his duty to resume his Office when his
health was restored.
The Vice President has no functions
outside of presiding over the Senate and
voting in case of a tie in that body.
When filling the Office of President, in
case of that officers death or resignation,
he becomes President just as though he
were elected to the Office. When filling
the office in case of the Presidents disa-
bility, he is merely LOcum teleRs, and
must step down and out when the Presi-
dent is in a condition to resume his du-
ties This is the plain, common sense
view Of the case, but it is not surprising
that other views are taken when one re-
calls the amount of wild theory and con-
fictlng speculation that has grown out
of the assault on the President.
In connection with the foregoing the
following from the sixtY-eighth paper of
the Fsderalist will be found interesting,
as it came from the pen of Alexander
Hamilton:
THE appointment of an extraordinary
person as Vice President has been OBJ
iected to as superfluous. if not mischiev-
Gus. II has been alleged that it would
have been preferable to have authorized
the Senate to elect out of their body an
officer answering to that description.
But two considerations seem to Justify
the ideas of the convention in this re-
spect. One is that to secure at all times
the possibility of a definite resolution
of the body it is necessary that the
President should have only a cast
ing vote. The other consideration is
that, as the Vice President may occasion
dIly become a substitute for the President
in the supreme executive magistracy. all
the reasons which recommend the mode
of election prescribed for the one apply
with great if not equal force to the other.
We lin New York have a Lieutenant
Governor, chosen by the people at large,
who pTesides in the Senate and is the
constitutional substitute for the Cover
nor in casualties similar to those which
would authorize the Vice President to
exercise the authorities and discharge
the duties of the President