The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-09-11
OUR CLUMSY MACHINE
Methods Of Electing President
Slow and Complicated.
UNLookED-FoR CONTINGENCIES
II Harrison Died Next November, After
Reelection, Republicans Would Have
to Call . National Conveation.

Postmaster General James. Attorney Gen.
eral MacVsagh, Secretary Winssom, Sec
rotary Kirkwood and Secretar# Lincoln
were present. It was a pretty solemn
gathering. very serious question was
to be discussed. Cabinet sessions are by
custom regarded as confidential, although
in general way sometimes the eature of
the business discussed is permitted to be
revealed. This matter, howeve., was re-
garded rs of such importance and so likely
to startie the country if known tBat it was
agreed that no hint even of the I1ature Of
the discussion should be made beyond the
cabinet room.
Now that eleven years have passed and
the emergency has gone, some of the men,
bers Of the cabinet feel free to speak about
that conference, and one of the cabinet
officers narrated to the writer something
of the discussion.
1t was said by one of the cabinet officers
at this meeting that in his optimism for the
the first time in the history of tha govern
ment an emergency recognized By the con-
stitution had arisen. 1.-THE president of
the United States" said he, sis now under
complete disability to carry on che office.
No one can tell whether this DISABILITY will
ever be removed. If it should result in his
death then the way is clear; but sup
pose there should come occasion for
such executive act as the president
alone can perform. Supposing there
should be the utmost need for the exercise
OF pardoning power, or imminent danger
OF foreign war, we would lis utterly
poweriess. Now, the constitution pro-
vides that in case of the disability of the
president the vice president shalE perform
the duties of the Office. The question be-
fore us now is, is the president under such
disability, and. if he is, have We tie right
publicly to recognize it and call upon the
vice president to assume executive fower ?"
For three or four hours this matter was
discussed. 1t was suggested that there
was no indication either in she con-
stltution or the statutes of poser any
where to declare the presidents disability,
and it was also said that the vice president
himself would probably be sustained by
the courts if he, in view of the fact that
Gen. Garfield was very ill and aituost un-
conscious all the time, should step in
without any other authority than that
mentioned in the. clause in the eonstitu-
ton.
Then another question arose. It was
this: If the vice president could consti-
tutionally assume executive power, could
he bescompelled to give up the office in
case the president should recoyerf
Suppose" said one member of the cab
met, "Gen. Garfield RECEIVERS physically,
but is mental wreck. Suppose he be-
comes permanently insane. Would it not
be the duty OF the vice president to take
the otfice2''
,oAA Jns~
ton that some members of the cabinet
were in favor of calling upon Gen.. Arthur
to act under the constitutional clause re-
ferred to. Others said that they were
clear he would have the right to do this.
butthought it might be inexpedieps, and it
was also suggested that the vice president
be informally consulted with so 90 TO get
his opinion.
That consultation was held with Gen.
Arthur, and friend who was lawyer of
great learning was also present. 1aais law
yer said there could be no question about
the constitutionality of the act in ease the
vice president by proclamation announced
the disability Of the president and that
during the disability the Office would be
executed by himself Gen. Arthur, how
ever, put an end to all such suggestions.
He declared that there would be greater
danger in the setting of such & prece-
dent than there would be in do
ing nothing. He declared that he
would take no such step, but il some
great and imperilllng emergencv arose
while Gen. Garfield was disabled, be might
feel it his duty to act in some way. For
tunately the emergency did not arise, the
ordinary functions of the government
being perfectly well administered by the
cabinet.
Two years later the writer in achat with
David Davis asked him his opinion Of that
situation, and he replied that in his opin-
ion the cons titution meant exactly what
il said. III case q president becoie1as dis
abled so that he cannot execute his duties,
then it is not only the right but tie obi
CATION of the vice president to perform
such office until the president Is again
able to do SO.
''But there was another even greater
peril" Judge Davis said, than thaf which
menaced the country during Gartield's
Illness and that was after his death. For
time there was nothing between Gen.
Arthur's lite and condition of anarchy
or headless government. There was
no president of the senate wao, as
the statute then was. would sacceed
Gen. Arthur i'll case OF his death.
1HtFe WAS no sptaheT Oh the mouse
who stood next III succession. OF course.
by summoning the senate to an extra ses-
sion, which was one of the first things
Arthur did, it was able TO provide f0r that
emergency, This whole matter is: full of
periis. said Judge Davis. land the time
may come when it will occasion mast SER
ious trouble
Congress having been brought by these
perlls and these seeming lapses :n the
constitution regarding the security
Of the presidential office to sense
of its duty, gave much conAidera-
tion to the subject. and various
bills were offered IN either house and con-
sidered by judiciary. committee. Only
one OF importance, however, became a
law. The succession In case OF the death
of both president and vice president was
changed that so now it would fals. upon
members of the cabinet, beginning with
the secretary of state and going through
the list in the order of seniority But
there are some other serious lapEes or
chances for lapses for which the
constitution and the statutes have
made no provision. For instance,
Horace Greedy died within month
alter election day. If he, had
been elected. very serious emtarrass-
ment would have been presented 50 the
electoral college: a. he was defeased. o;
course his death made no practical differ
ence, excepting that the Greeley electors
scattered their votes here and there The
electoral college, OF course, IN case sue
cessfui candidate died between election
day and the day of the meeting of
the electoral college, would have the
right to vote for whom they cho@a. At
the time OF Greeleys death IL We sug-
ges,ed by Senator Thurman that baz Gree
ley been elected the Democratic party
would have had TO call another convention
4