Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-02
The Succession.


A correspondent, who, like thousands
of other good citizens, takes much in
terest in the question of the right of
succession to the office Of President Of
the United States, has sent to us the
following private letter. Inasmuch as
we deem it entirely proper for him to
comment upon our position in our own
paper, we publish his letter. 1t is as
follows:
10 the Editor of the Dispatch:
In your leader this morning, after
quoting the Constitution bearing on the
subject, and after printing in italics that
portion most applicable to the matter
under discussion, you say, "Now, Mr..
Garfield was for months in state Of
inability to discharge the duties and
powers" Gtalics mine) "of the office
of President. Mr.. Arthur was entitled
to the office all that time" Gtalics again
mine,) though Mr.. Garfield was living;
for the latter was totally unable to be
PreSident," (talics again mine.) You
certainly, in my judgment, have made
"slip up" There is no doubt that
while Mr.. Garfield was sick and was
totally unable to discharge the duties
of the Office Of President, such duties
mot the office of PresidenD did derolce
on the Vice-President, and had he
chosen to claim his rights, with proof to
back his claim, under the Constitution
he could during Mr.. Garfield's sickness
have discharged 4" the duties Of Presi-
dent" but his doing that would NOT
have made him PRESIDENT. He could
only have succeeded to the duties
belonging to the presidency, and not to
the presidency itself, for, mark you,
had (no matter if it had been two years
afterwards) Mr.. Garfield been entirely
restored to health, he would have been
clearly entitled to have assumed again
the duties belonging to the presidency,
for in very truth he would be then, and
had been unless removed by Congress)
all the time, President.
1t would never do, because Presi-
dent by sickness or otherwise was " in
capable for the time being to discharge
his duties" that it should be assumed
that even during such sickness the Vice
President absolutely BECAME PREsI-
DENT of the United States. BY the
Constitution, during such sickness, the
duties Of the President wOuld devolve
on the president, but not the office
nself-no, not for one minute, much less
for weeks, months, or years. To as
sumo that for one or two months Of sick
ness, causing the President to be totally
unfit to discharge the duties Of the
office land which would then derOlre
on the -President), the Vice
President could claim that he Was
President, would never do. If the
Vice-President during Mr.. Gsr6eld's
sickness had felt it his duty to assume
"the duties Of the President" there is
too much common sense in the Ameri-
can people to suppose that he would
not have been quickly able to have put
before them proof that would have
been perfectly satisfactory, showing
MIR. Garfeld's " total inability to dis
charge the duties and powers Of
the office he heidi If, however,
after that was done the Vice-President
should have set up the claim that he had
become President the common sense OF
bis countrymen would not have agreed
with him, for until Mr.. Garfield had
been removed, died, or resigned, no one
except him could, under the Constitu.
ton, have claimed to be President.
Even had any Of these things happened
the Vice-President then, as provided IA
the Constitution, would only have had
devolved on him the duties of Presi.
dent, but not the office itself.
In my judgment it is moral impos.
sibility that amau elected President, il he
has not resigned, died, or been removed
can during his term be cut out OF
: his OFFICE by any sort of disabil.
: ty." During such disability | admit
the President would have a right
TO exercise "the duties and powers OF
President" but his doing that would
never make him President Of the United
States. OF course it would be in bad
taste for me to think of commenting
in your own paper and on your own
position, but unless | am greatly mis-
: taken you certainly "slipped up -
when you said "Mr. Arthur was en-
. titled to the OFFICE all that time. ~
for you must admit il that was fact.
then MIR. Garfield had ceased to hold
the said office. Excuse mo for writing.
and If am wrong just vote that it is
the head that is wrong and not the
heart. Asprocf was never even offered
toproye Mr.. Garfield Is disability in point
Of fact lin law, We had all the time Of his
sickness an established constitutional
government. N.
November 80, 1885.
Certainly ace have not slipped up, y
whatever else We have done, seeing that
We have only laid down the law as il
vas understood and sxpoundsd by the
great statesmen In active political life in
is4i, including pASrEL WEasryB
! himself. The great . sxpounder OF the