The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1881-09-06

Duties OF the Office ON IIh own Mo.
ton: -------------,-
The representative Of a New York paper
Ind an intsryleW Yesterday with Governor
Jackson OF this State, at the Capitol build
ing, in regard to the emergency that has
arisen, by the prostitution Of President
Garfield, in the duties belonging to the Ex-
ecutiye office. The Governor believes that
such IN emergency has arisen as demands
the assembling Of Congress, with view to
filling the office for the time being, so that
the business OF the Government may not
suffer pending the inability Of the Prcsi'
dent to discharge his duties, l4T't
There has been q wide expression Of
views among the public men Of the coun-
try on two points involved in the case, ~
whether the Presidents inability is of the
character contemplated by the trainers Of
the Constitution, and t9lwhethCr the Vice
President ian properly succeed to the Office
pending said inability without enabling
legisla ION at the hands Of Congress.
Article II. See Of the Constitution Of
the United States provides lis follows in
reference to the inability OF the President
to perform the duties Of his Office:
In case OF the removal Of the President
from office, or Of his death, resignation OIL
inabilityto discharge the powers and dh
ties Of said office, the same shall deVolvG
on the Vice President; and the Congress
may BY law provide for the case OF removal
dea.h, resignation or inability both Of thu
President and Vice President, declaring
VIVA. officer shall then net rs President
and such officer shall act accordingly, unit
the disability be- removed or n President
shall b. elected" HHnFh
1T will be seen that the Constitution
does not provide for, or even contemplate
any &C ion on the part Of Congress, except
in the case Of the death, resignation, reno
val or disablement Of both the President
and Vice President. IT simply provides
in the fewGst number OF wOrls that in the
event Of the death, resignation, removal or
inability Of the President to net as CHIEF
Magistrate that the duties Of his office shall
devOlvo on the Vice President, and It is
only when the Vice President cannot act
that Congress is called on to act, There
fore II does not seem that Congress can
take any steps whatever rs the situation
now stands This being the case, how Is
the Vice President to enter upon the duties
deyolying upon him in the event Of the
Presidents inability? That is now the
question.
We presume thai Il Is plain that the
President clnno; a; this time discharge any
Of the duties belonging to his position. lie
cannotbe consulted upon any public mat
ter. lie cannot appoint any man to Office,
nor fill any vacancy in office, no matter
how urgent the necessity. In other words,
he is completely disabled. 'N.iF s''-
Admitting the fact Of this temporary dis
allotment, has an occasion arisen Tor tho
Vice President to succeed temporarily to
his place. This presents n very delicate
question. Did the framers Of the Constitu.
ton mean that in the absence Of some
emergency in the affairs otthe Government
absolutely requiring the action Of the Ex
ecutive, and pending simply spell Of sick
ness Of the President, during which the
ordinary functions Of the Government
were being performed as usual that the
Eion pet,tlnUt ttt1o, htg Ct,,,, ,,,nttn,
assume the duties Of his place2 All Presi-
dents are liable to be sick more or
less during their terms OF office. Did the
Constitution intend, that Us often as q
President might be unable to attend to
public business that the Vice President
should swear in and become the acting
President2 Or did II intend simply that
when an emergency arose absolutely re
quiring the action Of the President, and
when from any cause lie was disabled
from acting, TINT the Vice.President should
then become his sucCessor7 We have
always supposed that the trainers oil
the Constitution provided not 50 much
Tor the temporary disNblelnent result.
ingfrom the sickness of the President us
for the loss Of mind following perhaps such
IN affection, and that unless there was
pressing cause for action on the part Of the
Chief Magistrate, growing out Of some
foreign or domestic trouble, that they did
not expect the vice-President to step In
and assume the functions Of the Office
pending the mere illness Of the President.
We do not believe that the American
people would to-day RELISH the idea Of a
temporary succession to the presidency in
the absence Of u more pronounced nccessi.
ty, ttthcre Isl emergency TINT requires
the Vice President to swear in, the people
do not know what II is. There may he
some vacancies in office to All, but even n
vacancy on the Supreme bench docs not
crcatcan emergency, and We know Of no
other appointment ut this time that can be
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