Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-05

| llOnal character hau any seIIouo So'n
plications arisen during his illness; or
that Lee should have attempted to dis
charge the duties OF Commander-in-
Chief of the Army had it been called
into active service during the past
| month.
The condition OF the President since
the second day OF July last is a matter
about which there is no difference OF
of opinion. The country has accepted as
true the "offcial bulletins" which have
each day been issued from the Execu-
tive Mansion by the highest medical
authority, declaring in effect the Gina
bility" of Gen. GARFIELD to discharge
the functions OF the Office OF President.
Since the second OF July, then, We
have either had President or We have
not.
Ii We take the constitutional provi-
sion literally, which declares that IN
case OF the Presidents inability 10 dis
charge the powers and duties OF the
said office, the same shall dovolve upon
tue Vice President" then, the Presiden-
tial office has been in effect, and IN law,
vacant since the I'd OF July, because the
Vice President has not assumed the du-
ties OF the office.
The one difficulty in the matter-and
it may be very grave one some day,
and might have been had Vice Pres't
ARTHUR attempted to assume the duties
Of Presldent-is, that there Is no law
declaring what shall constitute this Gin
ability" or who shall determine when ii
exists. The duty deyolyes upon Con-
gress to define and determine these mat
tiers.
"The simple fact is" says the New
York Times upon this subject, "that the
Constitution does not explicitly cover
the case, Congress has never ventured
to take action, and it has never been de-
cided whether it has authority to take
action or not. But the time may come
when something will have to be done.
1t Is TO be hoped that the President will
recover SO rapidly that the question will
not press for solution in the present
case, and yet it is desirable that 1t
should be settled in view OF
emergencies OF which we are now
so strongly reminded. 1t has been in
timated in certain quarters that in case OF
the Presidents continued inability"
and the pressing necessity for executive
action on the part OF the head OF the
Government it would become the right
and duty of the Vice President to come
forward and assume executive functions
without waiting for authority from Con
gresS or any other quarter than the Con
stitution itself. This assumes that it il
for him to decide when inability exits
and what constitutes inability, and t.
determine the time and manner OF tin
deyolying OF executive powers and du
ties upon himself. 1t hardly need bt
said that such doctrine is not simply
doubtful, it is dangerous, and should
never be countenanced.
1t is noticeable that in the amend
ment OF the Constitution relating 10 tie
mode OF electing President and Vice
President, which was adopted in 1901
while many of the founders f the Gov
crnment were still in public life, it is
provided that in case the House OF
Representative fail to elect President,
when the right Uf choice deyolves upon
it, before the 18th Of March, the Vics
| President shall "aCt as President, as in
the case OF the death or other cOnstitu-
iipnal disability OF the President "
This seems to imply that in the minds
of statesmen OF that time there
was no difference between an officer
acting as President and having the pow
ers and duties OF the office "devolve"
upon him. Furthermore, if Congress
may make provision for the case of the
temporary inability OF both President
and Vice President, declaring what
shall constitute such inability, how its
existence is to be ascertained, and defin-
ing the circumstances under which the
President OF the Senate, for instance,
shall take up and lay down the func-
tions OF the office in such case-and of
this there seems to be no doubt-then il
is to be inferred that it was intended
that it should exercise like power in
case OF the inability Of the President
only. We take it that ii the occasion
should arise it would be within the
power of Congress to provide for it; and
it might be well, if it should not come in
the present instance, to make provision
against its future occurrence.