Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1881-09-10
the LIABILITY OF the PREsI'
DENT.

Roubo W CottetV
Ing better promise OF recovery tnan No
has for some weeks past. 10 still In q
critical condition. and not "out OF dan
GER BY any means. The possibilities
Of his death are not yet beyond con-
alteration, for almost any adverse
chang. In his physical condition may at
any time break bis feeble hold upon life.
From present Appearances. however. he
may lips.r along for months Is he Is,
and perhaps finally recover. Under the
Circumstances the knottisst question
o before the American people and .
political point more under responsible
discussion than any other. Is that Of the
inability OF President Garfield to per.
form the legitimate duties Of his high
Office, and the power Of Vice President
Arthur to assume the functions Of the
Chief Magistrate. 10 case Of the death
Of the President. the course and duty Of
the Vice President would be perfectly
slear; bat under the present peculiar
circumstances they are not. The only
specific words bearing upon the subject
20 be found In the Constitution are con-
taiped In the fifth clause OF the first SEQ
ton Of Article I'd. a. follows:
In case Of the removal Of the Prssi-
dent from ONCE. or OF his death. resig-
nation or inability to discharge the pow
srs and duties OF the said Office. the
the same shall dsvolvs on the Vice Pres
ident, and Congress may BY Law pro-
vide for the case OF removal. death, res
iapstion or inability. both Of the Presi-
dent and Vice President, declaring what
oficsr shall then act as President, o
such officer shall act accordingly. until
the disability be removed. or . President
shall be elected.
No statute to carry this provision OF
the Constitution into effect has ever been
required or passed. and We are therefore
practically without tho necessary power
TO ascertain or decide whom OF to what
degree inability exists, in what manner
the .aties OF the Presidential Office shall
dsvoivs upon the Vice President. and
how, when the disability may DO re-
moved, the President can resume his
ofics and its duties. Indeed, 1t 10
Rravsly assumed by some leading news
paper authorities that. under those cir
e~umstsnees, Mr.. GARFIELD would have
no power to resume the Presidential
oniee, as Vice President Arthur would
be then do iscto President. and could
no, BE- removed except BY impeachment.
Leading newspaper authorities. and
leading men we'll vsrsed in legal and
political ethics also declare that no
power 10 invested in the Cabinet or in
Congress. or even the Supreme Court.
to decide upon the inability Of the Pres
idsnt and that this important point can
Ss decided BY the Vice President alone.
They insist that Mr.. Arthur ct the pres.
sat time. not only Al . matter Of right.
but In the considerations discharge Of his
duty should step forward and take pos
session Of the Presidential chair. They
declare that owing to the plain and long
continued inability Of President Garfield
the provisions OF the Constitution are
not being complied with. the executive
business and requirements Of the gov
eminent are not being advsntassously
attended to and. In short. that Mr..
Arthur should now be in full occupation
Of the Presidential chair a. chief mssis'
trats Of the nation.
The proposition that Vice President
Arthur 10 the ous man only who Ii
capable and entitled to decide this i'm
portsnt question n to when he shall
deliberately superssds his superior officer
in command. 10 not only IN Democratic,
hut contrary to the fundamental political
principles Of the Republic. Moreover.
IL he had thus the exclusive right to de-
eide when the President val physically
and mentally incspacitated from the per
Torrance OF his oficial duties, he Ger
tsinly would have the same right to do
eide when suoh inoapseity ceased. and
10 he chose. could thus keep posses
sion and crowd Garfield out altogether
Both phases OF the proposition are ab
surd, and not to be considered. 1t woult
b . gross bit OF u~surpstisn that nigh
result In popular indignation and rsvo
luton.
This peculiar political contingency II
The history Of our government is new
and no, clearly provided for. The id''
il advanced that the President himssl
could settle the point by declaring hi
v inability and desiring Arthur ts
take command. yet that would involve
the inability or inespscity Of the Presi
dent to decide upon his own inability
Were such declaration. however. corrob
Grated BY his physicians or q commission
appointed by Congress for that purpose
IL would seem reasonable and just that Il
should hold good and eject the desired
result. And In case OF recovery, tn
same commission could decide when biz
inability ceased and he wa entitled &c
his ofnoial position again. But thu
wheels Of government are neither BLOCKED
NOR dssdlocked. Everything il goini
ahead systematically and we'll. and nj
material intsrest Of the country vii
suffer BY dsfsrrips setion In this mattel
until Congress meets. ualsss President
oarasld should die OF recover before thai
time.
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