The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-31
PRESIDENTIAL RESTRICTION.

try. Some have based the prohibition
state nat there is no real reason why
he should not. 1t strikes US that this
so called "unwritten law Of the land
is based upon oubts as to the proper
construction of the federal constitution
and as to the intentions of the trainers
of that instrument when they drafted
the clause regarding vacancies in the
office of president and how they should
be filled. On this point the constitu-
ton says
I'm case Of the removal Of the presi-
lent from office, OF of his death, resig-
nation, or inability to discharge the
powers and duties Of the said office the
same shall devolve upon the vice presi-
dent" etc.
1t will be seen that there is no pro-
vision whatever for a head of the exec
utive department in the temporary in
ability of the president to perform those
duties or in case of his temporary alb
sence from the country. 1t will be re-
membered, in the case of the shooting
Of President Mckinley, that although
he was, between the time of his being
shot and his death, temporarily inca
pacitated to perform the duties of pres
ident, there was no question raised as
to the then vice president assuming the
duties of the office. In fact this was
so far from the minds of Mr.. Roosevelt
and of the other federal officers that a
day or two after Mr.. Mckinley was
shot and while he was lying on his
death bed in Buffalo the vice president
shouldered his rifle, whistled up his
dogs and hied to the wilds of the
Adriondacks, clear out of range of COM
munication with the sick room and gov
eminent headquarters, for a hun and a
jolly time.
If the constitution does not contem-
| plate the vice president acting as presi-
e during the temporary inability of
the chief executive by reason Of sick
ness, it certainly does not in case Of
his absence for a short while beyond
the borders of the country. When the
president leaves the country he certain
ly places himself in the position of in
ability to perform the duties of presi-
dent. Under the constitution, the du-
ties of the office then devolve upon the
vice president, and there is no provision
for the president resuming them after
his removal of this self-imposed disa-
bility.
Against those holding the bow views
is often cited the case of governors of
the several states. 1t is said they often
| go beyond the borders Of their states
and during these absences the lieuten-
ant governors act in their stead, and
duties of their offices. In this state,
and we presume there is in most 9TH
ers, there is express constitutional pro-
vision for this temporary absence. The
constitution of North Carolina provides
that the lieutenant governor shall act
as governor.
In case of the Impeachment Of the
governor, his failure to qualify, his
absence from the state, his inability to
discharge the duties OF his office OF in
case the office Of governor shall in any
wise becomes vacant"
We venture the prediction that in
- a,,, lo,;-- -.
ritory beyond the seas the next con-
gress will take action on this very ques-
ton of the right of the president to
pass out of the boundaries of the Unit
ed States to visit those outlying terri
tories.
On this subject The Charleston News
n Courier has the following to say
Under the above head the Augusta
Chronicle comments on a recent state
ment of The New York Times, that
HawaiiS invitation to President Roose-
welt to visit that country as it's guest
probably mark the beginning of the
end for that unwritten law which for
bids the president to go beyond the lin
its Of h United States. The Chronicle
says:
W confess to some curiosity to know
why the president of the United States
should be subjected to having his move
mentS limited in a way that does not
obtain with other rulers. The kaiser,
like the wind, wanders where he listeth;
Victor Emmanuel visits the realm of
the White Gar, and Leopold of Belgium
talks of coming to this country, while
to make the comparison more exact,
President Loubet, of republican France,
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