Savannah morning news. [volume] (Savannah) 1868-1887, 1881-09-06
Let the Case be Met.

However reluctant the people may DC 10
admit il, the fact cannot be disguised that
President q arfield is aud has been for some
time past incapable Of diseharging the
duties Of his office. 1t is true no serious
complications, that the public are aware Of
have as vet arisen by reason OF his tncapae-
itv, but In The presence Of his continued
critical uositiou. and in view Of his at best
mathematical recovery, the necessity for
fu,fIIipr the requirements Of the Constitu-
ton IS evident. These requirements are
nlain and to the point. They are simply
that the Vice President shall enter upon the
duties Of the office and exercise them till
the President is prepared to resume them,
or failing his ability to do so, or in case Of
his death or resignation, discharge them till
the expiration OF the term or until himself
disabled, retigned or removed.
The only question to be settled is, what
authority does he need for the step, or who
shall notify him that It is necessary A great
deal is said about the right or duty Of the
Cabinet to notify Mr.. Arthur of the fact
that It is necessary for him to enter upon
the duties Of the Executive Office. As
matter Of fact, however, the Cabinet have
nothing to DO in the premises. II President
Garfield should die, formal notice Of the
fact would be entirely proper from the Cabi
net to the Vice President.l.As 1t stands, the
matter rests between Messrs. Garfield and
Arthur.
1t would be proper for the President to
inform the Vice President that he finds 1t
necessary to request him to act as President,
provided he is aware Of thenecessity. Fail
ing such a request, the only thing that
would stand in Mr.. Arthur's way would be
delicacy, lest he might be construed, In view
of his recent differences with the President,
as being eager for the office. The longer
the notice for him to act is delayed, provid-
ed its necessity continues urgent, the plain
er is Mr.. AIthur's duty to assume the du-
ties Of the Executive.
While Mr.. Garfield lives and possesses his
faculties MI. Arthur would be simply acting
President, or filing the character OF Iocunl
te7eIss. Mr.. Garfield would be none the less
President. Should he die, resign or be de-
clsred insane, Mr.. Arthur would be Presi-
dent, but until one Of these contingencies
occurs Mr.. Arthur would be simply Vice
President OF the United States, although
recognized as acting President.
1t is questioned, too, whether he would
De required to take the oath. The case OF
John Tyler, who. according to Judge
Cranch, who administered the oath to him,
held that It was not necessary FOR him to
subscribe to It, although he did so, would
seem to imply that, in view Of Mr.. Arthur's
possible surrender Of the duties he should
assume, It might not be necessary for him
to take the oath. He is already sworn as
Vice President. and he could be nothing
else till the office was permanently vacated
by his superior. Indeed, It might be some
what difficult, II he should be sworn as
President, to relieve him Of the Office should
he care to retain it.
Mr.. Arthur is not only President Of the
Senate. He is actually the Presidents
lieutenant, and in case OF his permanent
vacation of the Office his constitutional
successor. As Vice President he can give
way to the President to resume his duties.
Sworn in as President, he might not be re-
moved save for high crimes and misdemesn-
ors.
We are not anxious for Mr.. Arthur to act
as President, but a necessity such as the
Constitution contemplstes and provides for
has arisen, ana unless some speedy change
for the better takes place in the Presidents
condition the Vice President should be sum
moned to the discharge Of the duties Of the
Executive Office. Failing that summons, he
should recognize the necessity for his so
doing and proceed accordingly. The
Constitution cOntemplstes no interruption.
The question Of the Presidents inability
is exciting wide discussion, and the longer
this continues the more heated It will be
come. The whole matter can be quietly
disposed of oy complying with the constitu-
tIonal requirements. Mr.. Arthur's elevation
may beget dissatisfaction, but It is to be
hoped that until the Presidents fate is de-
clded the waves Of faction will be stilled.