New-York tribune., 1881-09-02


to discharge the duties of his office during its con-
tinuance this would be unimpeachable testimony of
the fact that the inability contemplated the Con-
stitution existed. the President unable to do
this, and if the Cabinet which now represents him
aud executes his will should, with the concurrence
of the attending physicians signify the fact of in
ability, this would be good evidence which
to found the action of the Vce-President. In
the case of George Ill the decision of the attending
physicians held to be sufficient evidence of the
Kings inability to discharge the powers and duties
of the royal Office"
"Wouldit be possible to present a case before the
Supreme Court Z"
1t is possible that if the Supreme Court was in
session an actual case might be made, upon
which the question of inability might arise and
be decided. But the decision of the Court
would decide only the particular case presented
to it, and would be of no weight the general
question, except evidence to bear upon the mind
of the Vice-President. In short the amount or the
character of the evidence cannot be stated before
hand. If the question is only approached when
actual necessity arises and is decided according to
the ordinary rles of common sense, it will receive
the sanction of the American people, the cOnsti-
tuted solution of this difficulty which the crcum-
stances present. do not know whether ought to
say anything moro on this subject. These are
only my views, but given after great
SPECIAL SESSION OF TILE SENATE PROPER.
"Do you think it necessary proper to convene
Congress in order to provide further for the success
sion of the Presidential Office p
81 do not that a special session of both
Houses of Congress would be either necessary
effective for the purpose. special session of the
Senate might be proper. The Vice-President sue
oeeds by virtue of the Constitution itself. BY the
same section of the Constitution namely, section
article y, Congress is authorized to declare by law
what officers shall act in case of the disability of
the Vice-President. This it has done in the Act of
1892. which provides that in case of the
inability of both the President and the Vice
President, the President of the Senate if there is
one, shall act and after him the Speaker of the
House. These two last named officers would
ceed by virtue of this legislation held under the
authority of the Constitution. This legislation, if
Congress chose at any time. might be repealed,
amended or altered in any way, even to the extent
OF fixing some other order of
cession, naming some other officer This
cannot and should not be done now. The only DIM
is neither President of the Senate Speaker
of the House, at this time If the ce-President
should be called upon to discharge the duties of the
Presidents Office, be would probably convene the
Senate in special session. in order that a President
OF the Senate might be elected, that Office being
vacant" ant
cert"
The only difficulty which could arise would be
from the fact that the parties almost, if not ex
acty, evenly divided in the Senate. The PROPOSE
ton credited to Senator Beck, to elect cOnserva-
tive Republican, if true, shows him to be man of
great good sense well of high
patriotic instincts. His party could not afford.
this time, to force the election of Democratic Pres
ident of the Senate, to stand ready to occupy the
oihce of President of the United States upon the
Nice-President elected by the people of the country
Therefore | say that his proposition is in the
interest OF his party, well in the interest
OF harmony and good order. He has risen to the
igencles of the case with a ready patriotism most
honorable to himself, and inspiring the highest re-
spect among all thinking people l should feel
proud If were sure that under like conditions l
would certainly rise as high"