National Republican., 1881-08-25
Tho canine, Not n Rcgcrcv.

tuition intends That the NlCe-GreSldent
should himself decide when it is his right
and duty TO assume the powers of the
executive office" The Tiibume further
says that opinions differ as to "whether
the President can declare his own in
ability" cor whether the Cabinet is the
proper authority to determine that the
President is likely to be so long incapaci-
tated as to bring the inability clause in to
operation, or whether Congress is the
only judge" &c. This is the first intima-
ton we have seen that there was
any person so densely ignorant of the
Constitution and laws as TO suppose that
the Cabinet had any authority to confer
or withhold the presidential office upon
the Vice-Presidcnt as it might or might
not choose TO pronounce the President
incapacitated. 1t required a statesman
of the Trijme'a peculiar school to fish up
such pretension. The Presidents Sec
retaries do not as the sage of the 7ri-
bEnc supposes, either enact laws or amend
or construe the Constitution. While il
is true that the Nicc-Prcsident is not by
the Constitution directed to decide for
himself as to the inability of the Presi-
dent IL is also true that he is
commanded by that instrument to exer-
else the powers and discharge the duties
of the executive office ain case of ina
bility." The Congress has power to en-
act the law necessary and proper to carry
into execution the power thus vested in
him. In the absence Of statute, the
provision of the Constitution might have
TO be treated as self-executing were a
great necessity to arise for the discharge
of presidential duty. When George
the Third was insane Parliament was
divided as to whether the heir-apparent
should act in his stead or whether
there should be temporary regent.
The provision in our Constitution was
intended to prevent so sorry a contro-
versy if a similar case should arise The
| TriL,ye man thinks that the Nice-Presi-
dent could under no circumstances decide
when he must accept the vast RESPONSE
bilities imposed upon him by the Con-
stitution in the contingency named. But
it refers without disapproval to an opn-
ion entertained by some that the Cabinet
may resolve itself into a regency to de-
termine who is the constitutional head of
is raised of presidential inability
We repeat what we have said
more than once before-that the question
is not likely to become practical one. 1t
is not probable that any great exigency
will arise during the Presidents present
condition which will render a presiden-
tial act absolutely necessary. If there
should be such an occasion it would have
to be performed by the Vice-P President,
because the Constitution says so. The
Cabinet would have no more authority
| in the decision Of the question than would
the learned editors of the New York Tri-
bURe. There is no member of the Cabi-
net who entertains or has expressed any
other view than ours. The gentlemen
who are by courtesy called the Presi-
dents constitutional advisers are the
heads of Executive Departments whose
offices are created and the duties there
of clearly defined by Congress. They
must be annoyed by the claims set up for
them by the raw jurists of some of the
great dailies. 1t is only few days since
it was explained in Washington dis
patch that Mr.. Blaine had not been play
ing President or, as the stupid Chicago
Tribune had it, the virtual President"
If the TiJ,u,es and kindred journals do
not stop bowling for Arthur to bestow
upon these unfortunate friend ridden
Cabinet officers the places they now hold
when he is President the latter will have
to admonish those who are so lost to de-
Cency that President Garfield still lives
and may happily recover. The organs of
the Administration would then regret
that they had been in such haste to begin
administering upon his estate.