Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-09-19
THE QUESTION OFINABI1ITY.

1le newspapers continue TO discuss ''Ine
question of inability" as applied to the case of
the President, and there are some extremely
idiotic views expressed Those who do not
like Arthur, or fear to see him in the execu-
tive office, insist that no inability exists in
President Garfeld's case, and that it would
be unconstitutional for Arthur to assume ex-
ecutive functions, even temporarily, while
those who sympathize with the views of Ar
thur are equally emphatic in declaring that as
long as Mr.. Garfield remains incapable of at
tending to the duties of his Office, Mr.. Arthur
should assume its functions. The provision
of the constitution bearing on this point is
not as explicit as could be desired. The only
words applying to the case are: "In case of
the removal of the President from his Office,
or of his death, resignation, or inability to
discharge the powers and duties of said Office,
the same devolve upon the Vice President"
There is no definition as to what shall consti-
tute inability or how such inability shall
be determined? Itapparently resides with the
Vice President to determine for himself when
to warrant him in assuming the prerogative
of acting President of the United States.
If congress was in session, or if war was in
progress, during the past eighty days, there
is no doubt but President Garfield would be
unable to fulfill the duties of his Office, and it
would have been imperatlvely necessary for
the good of the country that some one should
perform his duties, and the Vice President
would have been compelled to assume the re-
sponsibility placed upon him by the constitu-
ton. But neither of these things exist, and
though the President is suffering from lnabil-
ity, there is no immediate cause for a change
such as is contemplated by the constitution
During the Grant and Hayes administrations
the President was always absent from Wash
ington during the time that Garfield has been
lying on a bed of suffering-Grant at
tending horse races in various parts of
the country and speeding his trotters on the
drives at Long Branch, and Hayes attending
agricultural fairs and camp meetings. Scarce
ly any executive business was transacted by
them during three months or more of the
summer season. Even Johnson, who was the
most punctilious of modern Presidents in his
devotion to the public business, occupied a
portion of the summer In swinging around
the circle and committing the constitution to
the care of the people. During President
Garfeld's inability none of the public interests
have suffered. There is but one duty to per-
form that has not been attended to-the ap-
pointment of officers in place of those whose
terms have expired. But as all federal officials
hold their offices until their successors are ap-
pointed and qualified, there are no actual va
eancies in any part of the country.
Mr.. Arthur may have technical right to
assume the authority of the chief magistrate
of the republic, and if he did SO would have
the right TO appoint persons to fill the offices
that are nominally vacant. BIT sense of del
icacy and public sentiment forbid
that he should do SO. It might
be competent, and is competent for
him to exercise executive functions in case
of an emergency, and such exercise would be
approved by the people. But as long as the
President lives, and there is the faintest hope
of his recovery, Mr.. Arthur would not be
pardoped for assuming executive powers in
the absence of an emergency. Though the
condition of the President is alarmingly criti-
cal there is no necessity on account of public
business for Arthur's accession.
The case is as clear as day. The Vice Presi-
dent occupies the same position towards the
President that the lieutenant governor of
State does to the governor. 1t is by no
means infrequent for lieutenant governor to
transact executive business during the tenn
porary absence of the governor from the State
But in all instances the business has only been
of routine character that required immedi-
ate attention. The same rule should obtain in
both cases. This is all there is in the inabll
ity question.