Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1881-09-14

Not long do they last
A still, lonely house would be
Far worse than noise
Rejoice and be glad in
Your brave girls and boys.
------.------------s,----
PRESIDENTIAL DISABILITY.
The fact Of President Garfield's ina
bility to attend to his legitimate du.
ties because of his wound, has brought
up the question of the Constitutional
disability" in a new form. A similar
disability" never before having oc-
CURED, it is well enough for the public
to reflect over the question, and for
Congress to give the proper legislation
on this critical subject when that body
next assemblies, We clip the follow
ing from the Philadelphia Record bear.
ing upon the question:
In considering the matter Of Vice
President Arthurs right to exercise
the office OF President" IN case the
prolonged inability Of General Garfield
should render it necessary for some
one to discharge the Executive func.
tions, it should be borne in mind that
the Constitution of the United States
does not operate affirmatively of its
own force, or, as the lawyers say, er
propriO Uigore, but that Congressional
legislation is generally requisite in or.
der TO secure the carrying out of its
provisions. This is especially true
of such of the mandates OF that nstru.
ment as are of a positive rather than
negative character. While its pro.
hibitions operate to nullify any and
all legislation, whether by Congress or
the State Legislatures, which may be
in oOntravenlion of them-it being
only needful that some Court of com
petent jurisdiction should declare such
acts to be unoonstitutional-its affirm
ative grants of power require the ac-
ton of Congress, not indeed TO give
them validity but to supply specific
methods for putting them into pract.
cal effect.
Each of the three constitutional
amendments adopted since the close
of the rebellion has appended to it q
section declaring that Congress shall
have power to enforce it by appropri-
ate legislation. Among the general
powers OF Congress enumerated in the
eighth section of the first article of
the Constitution is that "to make all
laws which shall be necessary and
proper for carrying into execution the
foregoing powers and all other powers
vested by this Constitution in the Gov
ernment of the United States, or in
any department or officer thereof"
A popular writer has spoken of the
'silences of the Constitution" These
'silences" may be a convenient resort
for those legislators who scorn the
trammels of strict construction and
delight TO foist between the lines such
readings as may suit the special exi.
eencies of party; but written Con-
stitution is worth very little unless it
is to be literally adhered to. There
are latent powers in the Constitution
to which effect has not been given
because no occasion has yet seemed to
require that they should be set in mo.
ton. For instance, State may be
formed by the junction of two or more
States or parts of States, provided
Congress and the Legislatures of the
States concerned consent. This power,
however has never yet been exercised.
Again, Congress may at any time by
law make or alter the regulations in
each State as to the times, places and
manner Of holding elections for Repre-
sentatives but it has only very spar
ingly avaied itself of tnis authority.
An immense amount OF legislation
was done by Congress Immediately
after the adoption OF the Constitution
IN order TO set the machinery of the
Federal Government TO going, and
many of the original enaotments stand
on the national statutebook without
change. But from that time TO this
there has been a clear cdsuS omiSSuS in
the failure to adopt some provisions
to carry out the directions OF the Con-
stitution relative 10 the happening of
such an event as the removal OF the
President from office, or of his death,
resignation or inability to discharge
the duties of his office. Congress did
provide, March l, 1892, for the case
of a simultaneous vacancy in both the
Presidency and the Vice Presidency,
That it ought also to have established
some explicit method Of procedure to
govern the case of vacancy In the
Presidency alone appears to be quite
plain now, from the very fact that the
ablest OF our jurists differ as to what
the procedure in such case should be.
1t might have seemed TO bo work Of
supererogation 10 do this in 1892, as
the real intent and meaning Of the
constitutional provision devolving the
duties of the Presidency upon the
Vice President were at that time well
understood. tits not so manifest now,
however, what was meant. Whether
the Vice President was intended TO act
temporarily as President during the
inability of the President, or himself to
become President for the remainder Of
the term, is question that may be
endlessly debated. If one view is
plain TO one great lawyer, the oppo.
site view is equally plain to another
lawyer who is just as great. The
language of the Constitution on this
point is by no means clear. II is de.
clared that "in case Of the removal Of
the President from Office, or of bis
death, resignation or inability TO dis
charge the powers and duties of the
said office, the same shall devolve on
the Vice President" What is meant
by "the same y" Does ii refer TO "the
said office" or TO the "powers and du.
ties Of the said office" Who on earth
can tell9 II the word "it" or the
word "they" had been employed the
intention would have been apparent
But II is not so now.
Even If there were no doubt as TO
whether il was designed that the Vice
President should act as President only |
during the continuance of the disabil. |