Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-09-06
THE INABILITY QUESTION.


Views Of Judge Wiltshire.
Ex-Representative wiltshire, who for four
years was chief justice of the supreme court of
Arkansas, is in the city, As to when the Vice
President should act in case of the President g
inability, the judge said tc STAR reporter:
% 1t seems to me that there can be but little
difficulty in determining that question should
the emergency arise. The duties of the Vice
President are defined by the constitution. The
most important of which. and apprehend the
most delicate. would be that of exercising the
powers and performing the duties of President
in case of the inability of President Garfield to
exercise and perform the same. His duty, how
ever, to do SO would be none the less when the
emergency arises. When that emergency exists
is one OF great Importance and delicate 10 de-
eide. We can imagine many conditions into
which the President might fall or msfortunes
happen him that would render the condition of
the Vice President exceedingly embarrassing
such as the President becoming paralyzed and
unable to speak or to express himself in writing,
or In case OF temporary or permanent insanity.
In the one case he would be physically. and in the
other case mentally unable to express or declare
anything. These conditions of the President,
fortunately for both the President and the coun-
try. do not exist; therefore, We have only to deal
with the question pending think there can be
no doubt that if President Garfield, in his pres
ent condition, as it is given to the country by the
eminent physicians attending him. should, I'm a
teraddreSsed to Vice President Arthur declare
that there were important powers and duties to
be exercised and performed at the present time
by the President of the United States and that
he. from the causes well known to exist. was
physically unable. for the time being to perform
the same. il would become the duty of Vice Pres
1dent Arthur to at once enter upon the perform
ance OF the same. The fifth paragraph OF the
first section of article second of the Constitu-
ton provides that In case of the removal of the
President from office. or of his DEATH resignation
or inability to discharge the powers and duties
OF said Office the same shall devolve on the Vice
President From the doubts expressed on this
subject it seems to be question whether ii was
the Office OF President that devOlved on the Vice
President in the present case or only the duties
OF that office. Hitherto the powers and duties
OF the Office of President has not devolved on
the Vice President except in cases of the death
OF the President. Vacancies in that Office have
not SO far been Occasoned BY either removal or
resignation. This is the first instance i'm the
history of the government when there has been
physical inability Of the President to dis
charge the powers and duties of that Office and
It would seem to be the most reasonable conclu-
sion. one most consistent with the language of
the paragraph of the constitution referred to,
that should President Garfield determine and
SO declare to Vice President Arthur. that there
were important powers and duties TO be eXer-
cised and performed at the present time. and
that he was physically unable to perform the
same, that the exercise Of such powers and the
performance of such duties would immedi-
ately devOlve on Vice President Arthur
and not the office of President. The Vice
exercise discretion as to whether he would or
would not discharge that duty because it is inn
posed upon him by the constitution. In the
discharge of this constitutional duty, he would
do so as Vice President only. Any other con-
clusiOn would render nugatory the words or
N 81 fh,r mo- md 6nfia of
said office, contained in the paragraph of the
constitution referred to-"
Hd.-" Judge, it is thought by some that in
the absence of any provision being made by
Congress. there is no means of determining the
inability of the President to perform the powers
and duties Oihis Office"
Judge W" In the present case that is mis-
take. If the President is in the endowment of
his mental faculties. as we are given to under
stand he is, there perhaps could be no better
authority of determining that question than
himself; and that question determined, the duty
OF the Vice President is plain"
Star" But suppose the President was men
tally incapacitated to determine that question:
who else could do so? Could the Cabinet or
other public Officer?'
Judge W-'Ithink not. 1t would be dangerous
doctrine to maintain that any person or body of
persons, not specially authorized by Congress.
should be allowed to do so. In my humble
opinion the Cabinet, nor any member thereof.
nor the Vice President himself has any more
authority to determine that question than the
humblest citizen in the land. In the event of
such misfortune, as indicated by your inquiry.
the country would be left i'm the same condition
it would be if both President Garfield and Vice
President Arthur were now dead. Congress
doubtless possesses the power to provide, by ap-
prOprlate legislation, to meet such an emer-
gency, under the provisions of paragraph eigh-
teen, of article one, of the constitution; which
authorizes that body to make all laws which
shall be necessary and proper for carrying into
execution all powers vested by the constitution.
in the government, 'or i'm any department or
officer thereof but Congress has not as yet
performed the very important duty of exercising
that power
Star.-'Cannot the President call to his
assistance the Vice President and authorize him
to act in his name?"
Judge W.-Not at all, the powers and duties
of the President are vested in him by the con-
stitutiOn, and he cannot delegate them to any
one. He must either exercise them himself or
they must be performed by the person designated
by the constitution. which in the present case
would be the Vice President"