The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-09-04

| NJ RonEsoS Is a doe lawyer. lie was
unIverssIIy recognized IS such In the House
n Renfessnlatiyes. Ills opInien on any
constitutions question, therefore, Is worth
,ead,nr--more especially as he was ouce
nsrabr 4 Of the csbinet. To New FORK
reporter be said:
The Constitution itselI provinces no
fudge or tribunal 10 decide tbs question VI
| Inability. Congress, acting unuel 'ns sep.
oral powerto make an laws wOicn may W
necessary and proper for carrying INTO sAe.
cutlon all powers vested Dy 'ne Sv ,I'Isad
tjon In the Government OF ine Ousss1
States, or any department or oIncst ssSn IN,
might by legislation have pro''uevi.
should be the evidence OF inc ,tnaDl ,'a
and might perhaps have pr9SIueu .h ~ al.
$3.50 I, ex;sted. II II has this power IN.
A.. re- Constitution IT has not exercised
It,"
tThat e sound doctrine. The reporter
,u., here makes Mr.. robson spoil 1t all
eu. we omi, that part Of the reportl
"uos the Supreme Court any powerg"
No: because the question Is not before
II. and II has no authority TO decide poiiu-
cal questions OF abstract questions OF any
Kind and besides will not be in session Tor
some time" sy
ais the Cabinet The roper tribunal r
at has not the power, nor does II c'si"
any such power" 40. -.
aCan The President decide this ques-
tIouyn -.,.
"Tbe President himself cannot legally
doo,da !, Though he may declare bis inabil-
ity. and thus furnish incontestable EVIL
denee upon which the Vice-President may
set. sin it is evidence only, ard not de-
cision."
"Who, then, Is to deeidei"
ain the absence OF legislation by con-
eress pr,axi>tIng on the subject the vice.
President himself is the only person OF
mower who can actialls decide this question,
and he would do so upon the general ana I'M
disputed principle that when the law imposes
anon apy person, officer, or body the o6l'
gatIon 10 perform any duty upon con'ln'
gency II imposes upon that person, oincer'
or body the obligation and duty OF deciding,
under his responsibility, when that contin'
gency occurs"
"iJpon what evidence is the Vice'Presl-
dent to decide this question: :"
There is no statutory provision upon
the subject, and the question must be de-
c'ded by the person authorized to decide H.
upOu evidence OF the same general charac-
ter as that which would avail TO tnect tDe
decision OF other questions. This presents
10 The VIee-President as grave RESPONSE
bility as has ever deyOlved upon man IN
the Government Of our country. He Is,
think. a man OF strong, good sense; OF mo-
destv, perception, and courage. All lhese
qualities are necessary TO him now ne
never will decide this question In favor OF
his own powe. until it is thrust upon hIm
nv the inevitable logic OF events, aud comes
10 him In such shape aud with snch sane
tion tina, bis action viii be called for by the
general consent of the good people OF the
country, and his decision will receive ITS
confirmation from the aggregate good sense
OF !he community"
.tWbat do YOU think would be sufficient
evidence for bis decision?'
"It is hard to define what evidence
would be proper foundation Tor action on
his part, but there are certain kinds when
would be satisfactory TO the good sense OF
the American people. II the President
himself should declare TO him his inability,
aud invite him 10 discharge the duties oi
bis Office during its continuance, this would
be unimpeachable testimony OF The tact that
the inability contemplated 10y the ConStitu-
ton existed. II the President was unable
10 do this, and II the Cabinet which now
represents him and executes his will should,
with the concurrence OF the attending ply.
siciaps, signify The fact OF inability, THIS
would be good evidence on which TO found
the action Of the Vice President"
All these seem to us to be correct posi-
tions, excep, the one according to the PreSi-
dent the power to declare bis own inability.