National Republican., 1881-07-13
What Is MInnhilifN ~


In case OF the removal of the President from of.
nco, orof his death resignation. inability to dis
charge the powers and duties Of the said Office, the
same shall devolye on the Vice Presldent.-Sec J.,
Art H. Constitution United States,
The press of the country is just now
giving much attention to the possibilities
contained within the words, "inabjlity to
discharge the powers and duties of the
said Office" 1t is argued that the Presi-
dent may for q considerable time be so
disabled by prostration and the effects
of medicine, &C., as to create the contin-
gency contemplated by that phrase in
the Constitution.
We think this is borrowing unneces-
sary trouble. What "powersa and duties"
OF The presidential Office is the President
unable TO discharge? What demand will
there be for any ability on the part of
the President to perform any. official
work, whatoSer boforc November
- she powers and duties of the President
are enumerated in section 2, Article III,
of the Constitution, and may be thus con-
dcnsed:
]. To command the military arm.
2. To require opinions of Cabinet Off
GERS
8. To grant reurieves and pardons.
4 ~ propose TO the Senate treaties,
end to nominate persons for office. Also,
in the recess of the Senate, to fill vacan-
cies and by suspension to create tempo
rlry vacancies, and TO commission Off
GERS.
5. To give information and make rec
concentrations to Congress, 10 approve or
disapprove of bills passed by that body,
and to convene Congress in extra session
o, To receive ambassadors.
Z Take care that the laws are faithfully
executed.
Now the President of the United States
was absent from his post about two
months last year in California and Ore
gon, and the powers and duties of his Of
flee were not exercised during that time
by the Vice-President nor did any in
convenience arise from his absence,
The present discussion seems to proceed
upon the idea that if the President is un.
able, for instance, TO now command the
army and navy, then the inability con-
tcnplatcd by the Constitution exists, and
the Nicc-President should be sworn in as
President. But the army and navy have
now no need for the directions of the Com
mander-in-Chief; therefore there are no
duties in that connection to "dcvolye on
the Nice-President." And so on TO the
end. The powers and duties of the
presidential Office do not devolve upon
the NlCe-Presidcnt during the lifetime
Of the President merely because the lat
ter is too sick and feeble to give audience
10 oiiiCe-Seckcrs or TO attempt unneces-
snry tasks of rcorganiling the civil SER
vice. Tho Inability to discharge the
powers and duties" can only be cstab-
lished by failure Oh that account on the
part of the President to exercise power
or discharge IL duty upon an occasion re.
q'drHg his action. lie need not be able
10 do what is not required by existing
circumstances in order to he outside
The disqualiiications of inability" He
must be able TO discharge duties that
present themselves TO him, but need not
be able TO decide questions Of admins
tration OF his own raising. lie need not
give military orders or call for opinions
oI Cabinet Ministers, or personally hear
applications for pardon, or negotiate trea-
ties, or suspend officers. Congress is not
in session and there are no bills TO be APP
proved or disapproyed. All the civil
offices throughout the country are filed
and their duties are being discharged. II
vacancies occur the offices do not close.
The law makes provision for the per-
formanee of the duties by some subordi.
nate. Indeed, the President can cause
his name TO be signed to commissions by
a clerk, if he can retain the strength to SO
direct in the few cases that may require
action.
We have no foreign war or fear of inva-
sion. There is no rebellion against the
laws Of the United States nor any do
nestle rebellion within any Of the States.
From all Of which II would appear that,
while it is the duty of the Vice-Presdent
10 be at hand and in readiness 10 meet
any emergency, he will not be called
upon under the Constitution to act as
President during the lifetime Of the Pres
idcnt (Which happily promises to con-
tinue for many years. unless some crisis
in public affairs shall arise which impera-