The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1881-09-05

I
contemporary, the Republican, has begun to
abandon his fantastic theory that IL is the
province of the Vicc-Prcsident to judge
when inability" of the President shall
have reached point at which the Constitu-
tional phrase shall dcvolvc" becomes
mandatory. There was slight difference
of opinion manifest last week between our
admirable friend and oursclf touching this
delicate subject. We never pretended to be
a great Constitutional lawyer like the ro-
tund Robson, the Philadelphia Brewster,
or our admirable friend. But we laid claim
to common sense enough to enable us to
understand that, whatever might be the
symmetry of the various learned abstrac-
tions advanced by The three eminent Con-
stitutional lawyers referred to- the state of
public opinion and the current of popular
sympathy was such as TO make It altogether
impracticable, if not pcrilous, for the Vice
President to attempt to act upon them.
We can conceive Of no doctrine more proli-
fic cofrevolutionary possibilities than the doc.
trinc that the Vice President should, under
any circumstances, be the sole judge of his
Oni iiShb "hu Nu'y VI cutetcpiOu. ~ 10 u
doctrine never admitted in any form Of
government. We venture to say that no
man pretending to knowledge of law in any
country other than this could be induced
to advance, or even indorse, such prcpos-
ferrous theory. There is no government on
earth in which the hcir-apparent, whatever
may be his style, or the character of his
heritage, who is not by every prccept oflaw
and custom debarred from absolute self-as-
scrtion of his right to the succession.
Who, then, can imagine that the trainers
ofour Constitution designed to invest the
Vice-President with prerogativc which
the Prince of Wales, the Crown Prince of
Germany, or the Czarewitch could not
claim without risking his head?
We hope to hear no more of this prepos-
ferrous and even incendiary doctrine
Whenever there is q vacancy in the Prcsi-
Dental office on account of Inability" as
mentioned in the Constitution, it will be
duly so declared by authority competent
under all the rules, preccpts, and laws of
common sense, and the Vice President will
succeed without obstacle. But we venture
to say that he will never undertake the
joint function of holding inquest, render
ing Judgment in favor of himself, and then
proceeding rs posse cOmlitdtus to execute
the same. AT all events we hope not.
We are of the opinion that the prevailing
lapse in the Chief Magistracy cannot con-
tinue much longer without moro or less
serious paralysis of the public business 1t
is also becoming sadly apparent that under
even the most favorable conditions of con-
valesccnce the President can hardly be ex-
pected to recover sufficiently to endure the
labors of his Office by the time Congress
meets in regular session. 1t is therefore,
almost indisputable that case of in
ability is at hand and must be met. We
understand that so far rs the matter has
been discussed three great obstacles to
action have been encountered:
~ The question whether the Vice.
President can lawfully become President
without involving the retirement of his
predecessor for the entire remainder of the
term? sl...,g.,l jt h.i
(2.) Whether the fact of inability can be
declared by any authority other than the
President hims elf? and
| (3) Whether, in case dcclaratory legisla-
tion by Congress may be required, anybody
butthe President himself can lawfully con-
woke that body in special session for that
purpose? h.f l.5.hs.f..Ii
Upon these questions we understand a
difference of opinion to prevail in the Cabi.
net. We are informed that MacVeagh and
James, doubtless influenced by apprehension
touching the perpetuity oftheir own tenure:
and salaries under other auspices, hold to .
doctrine quite as absurd In one direction a.
tne Robeson- Brewster theory is in the other
Altogether the situation is most complex
But we haveino doubt that it will be SOLVED
in good time peacefully and quietly, uncm
barrassed by either the prepostcrous abstrac
tions ofRobeson and Brewster or the equally
absurd tenor of MacVeagh and James. l
.I..