West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1881-10-28
- JENED QUESTION

The question OF Presidential ina
biIlty, 50 much discussed during the
illness o! President Garfield, devsl-
oPed a wonderful diversity of opiu-
ION IN regard thereto. Fortunately
there was no occasion for pressing
the question than to a practicnl de-
cIslon, as the variety Of views held
IN regard thereto could hardly have
failed to embarrass the Administra-
ton and subject its proceedings to
'he taint OF disputed legality. The
question has still more than spscu.
iouve value, for though the occasion
winch gave 1t immediate Importance
has passed away, the necessity Of set.
Ting 1t authoritstively has been
amply demonstrated and CougresA
will undoubtedly give it early attsn-
ton.
The November number Of the
North American Reviow contains
four contributions on this subisct
from as many eminent iurists, each
oae Of which might be considered
authoritative if it stood by itself,
but the four together exhibit the
same contraristy OF opinion a9 has
characterized the views of lesser
legal lights on the discussion of this
subject. Elk Judge and ex- Senator
TrumDull leads the discussion. He
speaks in the tone OF enc whose
mind is unhdmpsred by precedent
aud uuawsd by authority, and who
- not accustomed to recognize any
distinction between the construction
OF the law and the law itself. Pro
lessor Dwights Jews, on the other
hand, are supported bV precedents
drawn from English bis, DRY and ci-
cations from the debates Of the Con-
stitulional Convention, and they lead
hlm to entertain an opinion on Pres.
'dentisl inability directly opposed at
all points 10 that OF Judge Trumbull.
Judge Cooley, Of Michigan, and
General Benjamin Z. Butler hold pc.
s.tlons somswbers bstweon the Hi
no's and New York s1pouudsrs.
IN The preliminary question ofths
position Of the Vice Presiisnt.Ju4qe
IrumhuIl ho'is that the trainers of
the Constitution never intended any
psrfon 70 bs Pre'idsnt except tie
person whom The people elected TO
that Office. They provided that in
certain specfsi caess another officer
might rer'srm lbs duties OF the
President, bct that they novhere
have said ll-t Do should become
President. ln ease OF fu- de.I
tbe lrs.le-'. che V..e President
exercises lhe d1Uaa Of tLs Office 10
The end Of ths term .a etss Of ina
bi!ity, only until The PRECEDENT re-
coyers suai.isnt.y % resume his Of
fetal dHues. Judge Cos',y holds lbis
visv only iu part lie accepts the
precsdents as sstab.sb.ns ths law
that in case ths Pfesidslrs ineum
bsncy is absolutely tsrm.BatsI by
death, sesiglali5n or removal lhs
Vice-Presids8t s1ccssds. bat merely
TO The powers and duties or Pros-
dent, but TO the Office itself Is
case Of temporary inabIl.ly,.s agree.
with Judge Tru-yu.l that the Vice
President becomes only acting Pres
ident, whose authority terminates 80
soon as the inability has ceased. Mr..
Butler holds substantially The ssms
view. Professor Dwight. on The
contrary, maintains that the Con
sitution makes no provision for q
regency, and that ia csss Of iusbilI-
ty Of the President as we'll a. of bic
death the Vice President succeeds
absolutely to bic Office and holds il
the rcmainder Of bis term.
What constitutes inability and
who snall determine when it exists
arc other points which illustrate
how great minds may run not ia tbe
same but in widely different chan
nsIs. Ia Judge Trum5uIl's opinion.
inability may rise from phyaesI
caosss, as 10 oass Of capture Of The
President 10 time Of war or from
sickness or mental diss,ss. Nstr
buaal has been constituted. Dor
should be constituted. 20 dstsru.1s
ths existence % inability. Before
tho Vice President would bs var