The Democratic advocate., 1881-08-13
The Presidential Succession.

The assassins bullet having temporarily disabl ed
the President from the discharge OF his onlcal du-
ties there has been some Stud! VI tliS @ & "
what would be the duty of Congress IN case ms pres
ent disability should continue up TO the opening oil
the session. 1t is manifestly necessary that there
should be an executive officer capable OF signing
bills and commissions &c. Assuming that Mr. Car
fields present condition Is an inability Wltnlh the
meaning OF the constitution, what would De the
construction of the following provision OF that IN
strument In the case of the removal OF the pres
ident from office of his death. or taG6ay TO ds-
charge the pOUeTS and duties Qt The Sdid once the same
shall devolve on the vice president. Nhat Is II
that shall so deyolye-the "Oihee or tine powers
and duties of the Officer In other words should
Mr. Arthur sign official documents as ! RESIDENT OF
vice president, acting president 1.-
This point has never been eoEstrued by congress s
1t construed it in the ease of death put not IN the
case of president still living disabled When Har-
rison died, the question was raised IN Congress
whether Tyler should be entitled president or vice
pres dent acting president Itwas decided that on
the death OF the President, the Vice President sue
ceeded not merely to the powers and duties, put
to the "oice"-in other words, he succeeded TO the
presidency. This precedent was followed without
question in the case Of Fillmores succession 70 lay
lOr and Johnsons succession 70 Lincoln ana IS thus
firmly settled. The provision Tor SUCCESSION 10 a
living president temporarily disabled has not yet
been interpreted by Congress and II would enter
upon that decision quite Tree from the cOhIFoi oi Is
tablished precedents.
one thing that would make the decision espeelal-
" grave is that when the Vice President succeeds ne
does so absolutely there being no express provision
for his retirement in OF the removal OF the ina
bility of the President. The constitution provides
M
declare what officer shall president until the
disability be removed But This does not seem TO
apply to the ease of a disability OF the President
alone. Therefore should Congress declare living
president 10 be unable to discharge the duties OF the
Office" " and should recognize the vice president 10
be president and swear him in, the act would De
irrevocable The Vice President could not by any
act of his restore the President 20 his office, nor
could Congress depOSe him eNceptby impeachment
The gravity of deciding hether president i un-
able 10 discharge the duties of Office Is very great
Could Congress lightly undertake TO use TINS power.
il might take advantage oilh hrst headhche OF an
unpopular executive and swear in his successor.
This was clearly not the purpose Of the ramers OF
the Constitution.
An analogous question arose under the English
constitution during the in sanity OF George III. He
was disabled from the performance Of duty by loss
OF reason Il was held 20 be iucurable insanity-u
civil death. But George ~. was not made Ming.
He was called prince regent IN other words, prince
acting king until ;hc death Of his father when i'm
mediately he became kiug-Gcorgc ". While
George Ill was alive there was 10 teoTgelN. There
is nothing in the Constitution to forbid Congress to
interpret the provision for the presidential succcs-
sion after this analogy. Where constitutional
king dies James l. did. or is killed, as Charles l.
was or IS mpeached, Is James II was the successor
CONES in under the English constitution a. king
otherwise. acting king OF prince regent. Ia our
Organic law, as Interpreted in ite cs OF DEAN, as
Harrison Taylor and LiucOns, the Vice president
+ called 10 the Office Ia case OF disability be may
be called not 20 the Office but 10 the poWcTs and
dutics the Office" and sign his name -actinEpres
fieut should the Presidents eonNale>ceHce Dc
uuduly protmcted, this is what 0ongFcss may feel
called on 90 do thus retaining ~ is hands the pow
CT 90 declare when thc ''inAbiiity has ceased II
seems obvious that there cannot be two presidents
A man elected and iuaugurafcd can during his
term only cease % Be president IA threc ways-by
death or resignation, or Impeachment These va
cate the Office completely The Office may be vacat
ell by the act OF God OF by the act OF the President
or by the act Of Congress. hut Concrss nBly
cate it through formal impeachment not through
n joins resolution
Mr GaTteld will ia all human probability. D. full
ly able % resume he duties ot his oihce before Con
grs meets bat ifnot it Is clearly within tia power
% C1ugrgs under the Cousfstufiun- u assign the
Vice President temporarily b The dsseharsc Of the
rowcrS and duties Of the nfiCe without clothing
bin irTcy0cahiy with the ofiec % the Chief Magis
tracy.