The sun., 1901-09-10
Grant. which the Inter ooeoa report. in

Tito the NIcc President REQUESTING MIN o. ac pee
| drui during Gsn. GA-tcds disability there 49,
| nothing legal sioui this. but cen "fsn' aid 0.
could sse no Other way for accomplishing ihs snd
These views might more tttingly come
from a Mexican adyenturcr OF an Italian
bandit than from man who has been Pre-
dent of the United States for eight year.
The GOODNESS with which Gen. Grant ta.t-
Of placing a man In the office of Prcsidcu, ir
a proceeding that there was nothing lee..
| about may serve to startlc IA. Americsn
| people at the narrowncss of their e-caI..
from the greatest Of dangers when ih.y
thwarted this mans unhlllow-d ambition
! for a third term.
But even Gen Grant agrees with VI On
the chief practical point lie saws 'Thcrs
| is no prescott Necessity. The Gou, rHmsHi cdu
get along UsH enough HHH Congress m'cis'
II il not unworthy Of remark that senator
| Hoar Of Massachusetts. "A ripe scholar and
! learned lawyer. who has been much talked
Of by friends Of Gen. Arthur for Secretaryof
state. in the event Of Gen Garfield's death,
ridiculcS the idea Of there being a Const-
tutional case OF disability az present
Il should be borne in mind that there can
le no partnership In the Office Of Prcsdcn'
The Constitution provides that -the eSecu-
tiy. power shall be vested in President a.
the United States The indefinite artic,.
a means one The proposition Of a plural
Executive was fully considered by the con
vention that framed the Constitution. and
was rejected Many years afterward ~"
plan Of "a dual Executive waS earnestly al
yocated by John {. Calhoun. but h mot
with no favor from the people.
| When the Nice-Prrsident succccd- 'u
! the Office, be becomes President Th-
I Ii. A. 4.
We think the contemporaneou- ConstrIr-
ton Of a similar provision IN al early dra',
Of the Constitution settles IL. The original
plan for a Constitution. a. reported hv
the Committee Of Detail. contained no rro-
vision for Nicc-Pr,-,idcnt of the United
States. but II did provide that m case 20
! the removal. death. resignation, ct dis-
ability OF the President To discharge the
! pnWcrS and duties of his offico. the Pr"-i-
| dent Of the senate shall exercise fhus.
| powers and duties until another Prcsiden'
| of the United States ba chosen or uu'|
| the disability Of the President he removes
/ and referring To th,s clause, Mr.. Wilsor
! uf PENNSYLVANIA remarked that "thc Pre.i-
dent Of the senate was TO he President -
The Tinted states In cases of va
| cancy.- and Mr. Madison. who immediate
followed him IN tho debate. said: 'Th" rrcsi
dent of the senate also IL Co bc occasionally
President o. ho I nnod States =
James Wilson wa one Of the ahlest men
I'm the convention. and thcre can he 10
higher authority on the Interpretation 81
the Constitution than James Madison. and
here We have conclusive proof that la the
opinion Of these two. among the giant
of tho convention. n clause contcrnug
upon the President authority tn "N"i-
else the powers and duties of Pr"sideu'
ia "A certain contingency. conferred upon
him. II the contingency arose, the once
Of President
Whether. when the oficc 81 President
dcyoIyrs upon the President. on ac-
count of the inability ot the President,
hc is 10 hold the ufioc until the expiration
Of the term of four wears for which he was
elected. or whether the President. II his
inability il removed, il to resume his officc,
We consider an open question.
An argument that the Nicc-President.
once IN the Office OF President h to hold on to
the end of tho term, may be derived from
the fact that in the original draft providing
for the succession Of the Nice-Prs~ident.
there was a distinct limit Ia the period for
which he should exercise the powers and
duties Of President hy the addition 81
these words Until another Prcsldcrf b.
chosen. or until the inability Of the President ho
removed" whereas IN th. Constitution a-
adopted this limitation - omitted a. 10 the
Vice President. but retained as to any other
officer who may Ia called TO act A. Prcsi
dent Affirmative words SAYS Chief
Justice Marrhall ARE often, In their oIrr-
alton, negative of other objects than those
affirmed Applying this rule 81 construo-
ton To- the clause OF the Constitution under
consideration. does not tho affirmative lin
itation Of the offico Of Prc-ident 20 Anv
| other officer who may succccd to II, and
the omission Of IL IN the provision for tho
sucScs-ion Of the Nice-Prcsidant. show that
the limitation il not applicable Ia the Nicr-
| President; more especially as IN tho early
draf, IL was in terms extended Co the Vice
President, but in the Constitution r. adopted
| is deliberately omitted a. 20 him.
We know very well that this view I. ~
variance with the construction commonly
put upon the Constitution by tho people ~
large, and II a Nice-Prosident succeedirg
TO tho offioc Of President on account Of a."
disability Of the elected incumbent. should
hold on to tho office after tho removal %
such disability. W. might cNpcct 20 -" =
very lively discussion a. 20 the tr'ie mean
ing OF TN. CLAUSE of the Constitution.
We make th,--o brief remarks upon this
un.e, led branch - the subject on account
Of tho dccp interest felt IN II: and not he-
cau.,, II l. relevant 60 the chief question
now under discussion. which - tho meaning
of tho word disability. The construction
81 that word cannot h" controlled or in
eu,pc,d hv any consideration Respecting
tho duration II tho Nicc-Pr"sldents term,
should be- take Office on account OF the Tres
idrut's inability.
When tho du,ies Of tho offics descend "a
tho Nic,,- President all its powers go with
th,u,. aud II would lie unjust and cruel
to exact of him the proper discharge Of h's
duties without leaving linn free. with the
advice and consent Of the Senate. 10 mak"
M, own selection Of heads Of departn"
l. Is only fair toward Gen. Arthur 10 saN
,ha, NJ do not believe that no has ever f"r
a moment thought Of attempting TO assume
the Office ~ President under any circum-