The sun., 1901-09-10

~ OF thh Congtftutionhi suho' .~ "
| The President TO receive Ambassadorr, that
| 1T h q circumstance that Win be rhno"
Consequence I'm the administration OF the
Government
Il b not for q temporary disability such
a. every President Of the United sta,ea
has voluntarily incurred. and Tor CIR.
cumstAnce regarded by the Trainers "i
the Constitution. such men n Hamilton,
a. OF no consequence. that Gen. uarheid
IN to be set aside.
The duties Of the President are diner
ent st different times aud under different
circumstances. In time Of war his dutic.
are far df'aent from his duties in time of
peace So he might be absent from the
| capital either from choice or from Illness
during a vacation Of the National Legs
lature for a length OF time that would not
be permissible when Congress was In
session. The Constitution requires OF the
Presiden, that che shall from time To time
give to the Congress information OF Tie
state Of the Union, and recommend 10
their consideration such measures az he
shall Judge necessary ami eNpcdieni.
The President may be entirely disabled
for the performance of such task to-day
and yct. when Congress meets. he may u"
a. well able to discharge the duty a. he
ever was Such not impossible contingency
affords no case Of disability which would
warrant the President In suppressed
ing the President.
Mr. Colfax SAYS: Congress has doubtless
erred In not settling by Law how the
| Constitutional inability Of the President
should be determined' IL IL cdsus
onissps'
With due submission. we maintain CON
trary view. All that Congress can Consu-
tutionally do In tho premises would be
merely declaratory. They can declare
that In their opinion disability exists, Tut At
would be a mere declaration, not an adJudi-
cation II would be evidence entitled 10
| the consideration of the Nicc-Pfc-ldeni.
and to more or less weight, according To the
! delileration and unanimity with which II
| should lie made. Suppose the HOUSE oi Rep
| resentative- should pass such resolution
after tie. merely by the vote OF the
| Speaker: and SUPPOSE the Senate should
pass the same resolution 10y the vote OF its
presiding officer. IL would require bold
| Vice-President 10 grasp the helm OF Sta'e
with such a stormy sea before him
II il beyond the power OF Congress 90 au-
| thorize any tribunal 10 decide this question
! except the courts Of the United States. u
would l,e case arising under the Con-titu-
| ton Of the United States. the cxclu-iN"
jurisdiction OF which IL repo-ed. by the
! Constitution. in the United States judi
| ciary; and OF which exclusive Jurisdiction
| the United States courts cannot lr depri we'd
except by a change Of the Constitution.
Mr.. Rol,cson has been ridiculed a good
deal for saying that the Woe President him
| self must decide the question Of disability
Rut II Mr.. Colfa, Is correct. that this u a
oasus omissgs then Mr. kobeson IL sup
| ported 10y very respectable authority. Levi
! Woodbury., one Of the ablcst and most
| learned Of American Jurists, who at differ
ent periods Of his life adorned thc Senate.
the Cabinet and the bench said
when questions arise not connded to toe judiciary
| OF the states or the tinted states ne oricsr' con
osrnsd IN fhos sssaiOHi nEE sH'sir'' d'rfd' is'-'
II was never intended by the trainers of
the Constitution that the Nicr-Pp'sidcut
should take the officc Of Pr,sldent where
the disability OF the President could fairly
| be called In question. II must be a clear,
| undoubted case tor him To- act; for other
wise he acts at his own imminent peril
| There has never been a day since Gen. Gar
| field was wounded when Gen. Arthur
| could have assumed the offce OF President
with any safety TO himself or any prospect
| Of retaining IL. for II he should seize u
| unwarrantedly, be would subject himself
| to Impeachment. He could take the oath
| of ofYice here as well a. at Washington.
| but what magistrate would consent To- adj
minister the oath under such circumstances ?
| Arrived at Washington, would tho SUPER
intendent Of the Public Grounds admit
him To the White House? To H. surc. the
occupancy OF tho Executive Mansion j.
not essential TO the administration Of the
| Government and Andrew johnson lived
at hotel some time after he became Prrsi-
| dent But would the army and navy aud
| the principal civil officers obey or observe
his ordcrsg
Al the very eve Of his departure from
Washington Gen. Garfield manifested a
self possession, a thoughtfunes- and an
/ acutene~s in which his numerous physicians,
nurses and attendants were all found lack
| ing According to our esteemed con-
| Temporary, the Tribune. u was the President
himself who. after the preparations we're
| all completed made the important and vital
| suggestion that a well man should be frst
| carried downstairs on tho ted that had
| been prepared. to test II. He has selected
| from among his physicians those TO lie
discharged and those to be retained, a task
| fully as difficult and delicate as removing
and appointing public officers. 1he-e things
do not argue tho existence Of that dis
| ability provided against In the Con-titution
| II IL true the President has since ,ecn much
wor-e but II there hc anything that would
shock the sensibilitics of all the Jcople of
this country. creating an intense rcvulsion Of
| feeling against the Nicc-President IL would
bc tn. exhibition of an indecent haste To step
into the shoes Of a dying President
Il IL not surprising that tho unprecedented
situation should have given rise To great
variety Of PROPOSALS. Among these some.
attributed TO different members Of the
Cabinets, have been very ridiculous Such
was the suggestion that Gen. Garfield
should invite Gen. Arthur to the White
House 10 sign the most important docu-
mcnts; in other works. TO beoome the
Presidents clerk or SECRETARY, Another
WAS that the President should exercise one
| Of the largest and most extraordinary Of