Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1882-01-21
Our Agents.
The receipts of the following persons will be
THE PRESIDENTIAL SUCCESSION.
For the Republican.

THE PRESIDENTIAL SUCCESSION.
For the Republican.
THIS il . question of deep interest to
every thoughtful citizens at this time.
The language of the constitution Is as
follows.
Art. 3. Sec. I, Clause 6. I'm case of
the removal Of the president from Office,
Of Of his death, resignation, or inability
10 discharge the powers and duties
Of the said Office, tho same
shall~ devolve on the vice pres.
ident; and the congress may, by law,
provide for the case OF removal, death,
resignation or inability both of the pres
ident and vice-president, declaring what
officer shall then act az president; and
such officer shall act accordingly, until
the disability be removed or q president
shall DO elected
From this 1t will be seen that the vice
president is to succeed upon the death,
removal, resignation or inability" Of the
president. The practical issues here
are: What constitutes q legal inability
OF the PRESIDENT Who is legally au
thorized TO declare its existsncsP
Should this disability be removed. does
the president resume the chief executive
ofticeP or, does the vice. president con.
i tinue to act until the close OF the term
for which they were chosenP These are
Important questions. and it would seem
that legislative action is needed or else
. Judicial Interpretation.
1t has been stated that Senator Jones
zof Florida holds that. on the accession OF
the vlce-presldent. by reason OF the dis
ability OF the president, he continues in
Office TO the end OF the term, although
the disability may be removed. This
opinion does not seem sustained by the
language OF the constitution, nor by the
practice Of the states. The constitution
provides that, in the event OF the dIsabil-
tty OF both president aud vice-presldent,
the succeeding officer shall act ..until the
disability be removed" Why should
this be the law IN TINS case and not in
the otherP In the states when the gov
ernor is absent, the lieutenant governor
takes his place temporarily. This is Of
ten done. and the governor resumes his
position when he returns. Why moi in
the case OF the president and his iieuten.
anti
Who is to succeed upon the death. re.
moval, resignation or inability OF both
the president and the vice PRESIDENT
zrhe constitution says that congress shall
determine. BY the act OF 1892 it has de
clared that the line of succession shall
BIO first the president of The senate, aud
then the speaker OF the house. Severa!
objections are urged to this arrangement:
That these officers might not have the
constitutional requisites for the presi-
dental Office. This could easily be pro-
vfded for by a law that no one should be
eligible to either legislative presidency
unless he was a naive and thirty five
years Of age. It is objected, how ever
again. that the courts have declared
that senators and representatives are
not United States officers, and are there
fore ineligible. Is this judicial decision
correctP 1t Is questionable. Col. Vest
and Gen. Cockrell are senator's from
Missouri, but they are senator's of tho
United States. Every civil government
must for its completeness discharge
three classes OF functions, legislative, iu-
dicial and executive. It must have
officers to discharge these functions.
II there Is q United States government.
1t must have q legislature. and the con.
stitution provides that it shall have such
In the congress. The congress is the
Legislature of the United States govern.
ment, and Its members must be the leg
tsiative officers OF that government. 1t
10 not an answe r 10 this that q senator is
not chosen by and does not represea, the
United States. but is chosen by and
his own state. For
does not legislate tor his own
morolu mr. nnainlu d. III
or helps to make them, for the entire
b senator represents his
state. because 1t is the duty aud the
privilege OF his state to share in the leg
fstative responsibilities OF the general
and the right is therefore
gwen to it to select those who shall act
Tor 1t in congress. Senators are United
States legislative officers, but in order
ali portions OF the country may be
fairly represented zach state is allowed
70 designate it's quota OF these officers.
Are the members OF the Missouri house
representatives county or state Off.
GERS 1t is the aim to distribute the
judicial and executive officers
30 that every state, so far as practicable.
may have its due share. Surely Their
character does not make
them any the less United States officers.
A more serious objection to the law OF
1892 is that it contounds two separate
departments OF the government-the ex-
and legislative. This 10, with.
out doubt, an objection. II possible the
three departments should be kept strict
y separate. It is, how ever, not done.
Executive has important legislative {,
r...ers. The legislature is made to .
ef as a judicial body in impeachment. ,
Even the judiciary, by its rulings. grad-
naily forms the common law. Still, if Z.
practlcsble, the line OF succession should -,
De In the executive department. !
Senator Beck proposed to change the ,
law OF 1892 aud vest the succession in ,
he United States supreme court. This .
consider a very unwise proposition. .
because oi the general objections to the =
coniounding OF separate departments =
Of the government. There are. more. , :
over, special objections to this plan. ,
hav already seen the difficulty as to .
he question OF the inability OF the pres. :
dent. Who is to decide when this &C. :
'urse 1t would seem that it should be ,
to hi supreme court, as a .
,empact. dignihed judicial body, best :
bile to settle SO delicate a question. If
%, then none of them should be eligible
o succeed to the executive chair. But, {.
gain, In q popular government it is u
'ery important that the judiciary should
70 IS tree as possible from all political r
mas and aspiration. 1t would be a wise I
'rrau cement If Dur judges. both state c
md federal, should be held to be in. S
to either legislative or execu-
i've duties.
Senator Garland has proposed that !
he succession lie in the members OF the .
xecutive cabinet. This plan is not Iia- v
lie to b serious objections made to the =.
ther schemes; but there are difficulties
Its way which are. perhaps, as ior-
hid BILE. A man may be well qualified a,
, fill q subordinate executive position Al
Mi not be fitted for the chief. He may m
Q . splendid diplomat, t~inaucier or "