Daily Los Angeles herald., 1881-08-30

Sunday morning.
In our article concerning the
provisions for a successor to a dis
abled President we failed to quote
correctly the language of the Con-
stitution of the United States. We
fell into the error of saying that,
in the event of the death, removal,
resignation or inability Of the
President to discharge the duties
of his Office, the Vice President be-
came President. The truth is that
the language of the Constitution
is, clearly and without qualifica.
tion, that, in any of the contingent
cies named, the duties of the Office
shall devolve upon the Vice Presi-
dent, thus seeming to make the
latter, in the event of the Presi-
dents temporary inability to dis
charge the duties of his position,
or as many hold, even in case the
President should die, resign or be
constitutionalIy removed, merely
an acting President. Two very
thoughtful articles, evidently writ
ten by gentlemen learned in the
law. have lately appeared in the
New York press, one in the World
and the other in the San. They
take diametrioally opposite posi-
tions on the question as to whether
or not the President should re
sumo his office after recover ng
from his disability. The World
takes the position that the moment
the Vice President takes the office
he does SO to hold it for the ball
ance of the disabled Presidents
term. The San, however, contends
that the Vice President must sur
render his trust the instant the
Presidents disability shall cease.
Incidentally, In support of its po-
sition, the World points to the fact
that in the original electoral
scheme of the Constitution, the
Vice President was given a promi.
nence almost equal to that Of the
President, the candidate who re-
celved the highest number of votes
being the President, and he who
received the next highest being
Vice President. While this sys-
tenn was found inconvenient in
practice, and was therefore amend
ed, 1t was really more equitable
than the present. 1t gave to mi
norities much greater chance of
making themselves felt ia the ad-
ministration of the government
than exists at present. Those who
support the theory that when the
President RECEIVERS from his inabil-
ity he Immediately resumes his
Office say that the much -mooted
provision was doubtless introduced
into the Constitution on account of
contemporaneous proceedings in
the cases of George Ill, of Eng
land, and the Emperor Paul, of
Russia. To this the World replies
that neither of these precedents
were established until some. time
after the provision in controversy
had been inserted in the Federal
Constitution. Certainly the fram.
ers of the Constitution could not
have had in view events which
had not then occurred, although
they happened short time there.
after. The SUMS argument for the
Presidents resumption of his office
after the removal of his disability,
will commend itself as equitable to
nine.tenths Of thinking people. In
discussing the matter, that journal
regards it as unfortunate that
Congress did not compel John
Tyler, the first of the Vice
Presidents to succeed to the
discharge OF the Presidential du-
ties, to sign himself acting Presi-
dent of the United States. But in
matters of this kind precedent is
everything. Tyler, having been per-
mitted to call himself President, at
. time when such great constitu-
tional lawyers as Daniel Webster,
Henry Clay, Calhoun, and others
OF almost equal eminence, filled
the leading places in public esti-
nation. it has naturally resulted
that the question is settled for all
time, no one go much as mooting
1t in the cases of Fillmore and An
drew Johnson. With extreme re-
gret, be 1t said, the question of the
resumption of the Presidency after
removal of the Presidents disabil.
ity. hardly seems to belong to the
practical category just now, for it
ts beginning to be apparent that
Arthur has every chance of sue.
cseding Garfield as other Vice
Presidents became President, viz,
through the death Of their chiefs.
Unless there is some great provi-
Dental interposition in favor Of the
sick man, few days longer will
end his earthly career. In face Of
the profound sorrow of o whole
people at this melancholy consum.
nation Of . tragedy, discussion of
constitutional questions will be for
Ehe time being suspended. But
khey are certain to recur at an