Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1881-08-31
Constitutional Inability.

duties of his office occurs at time when
the active powers of the government, OF
business, and of society, are in the state OF
suspended animation" which annually in
peaceful times possesses these powers dur
ing the period of midsummer heat. In this
fact chiefly lies the reason which has de-
ferred the determination of the question as
to how the "powers and duties" of the
president shall, in the case now presented,
"devolve upon the vice-president." The
fact that day by day the people have anxi-
ousy awaited sign from the chamber OF
the suffering president that should deter
mine the probable issue of the desperate life
and death struggle that is waging there
has also had great weight in deferring de-
csive action upon this question, and indeed
in discouraging discussion of it. The
great fear and atterly the sorrowing convic-
ton of the great mass Of the people has
been that death in this particular case, which
has called out the discussion of the question
of presidential inability and how the consti-
tutioual provision therefor shall be made
operative, will all too soon settle the ques-
ton. But should heaven miraculously
interpose-and it will seem like miracle
| if the president recovers-to save the presi-
dents life, his inability in the very nature
of things must extend far into that period
during which very active and very urgent
executive duties must be discharged. Events
as unforeseen and unanticipated as the shoot
ing of the president may bring on crisis in
the chief executive office in day. in an
hour, but in the regular course of events the
time is near at hand when the government
must have responsible executive head, able
promptly to discharge his duties. Congress
months. This fact signifies the inception
of work either by the president himself or
that must proceed under his direction and
by him be communicated to congress. How
the conceded inability of the president shall
be declared-in the case of life preserved
and the vice-president invested with his
duties is the subject Of much discussion.
There is no law or guiding precedent in the
case, and there is now no power to convene
congress before the day for the commence
ment of the regular session. The govern
ment has the right to maintain its existence,
and when in times past that has been threat
ened men courageous enough and patriotic
enough have been found to "take the respon-
sibility" of saving it from deadly peril. In
these later days warrant for the timely
greenback was found in the war powers of
the constitution, and authority for saving
the government from anarchy in conse- |
quence of the nonexistence OF laws or prece- |
dents governing the precise mode of induct- |
ing vice-president into office during the |
lifetime of an incapacitated president will |
be found without imposing any violent |
wrench upon the constitutional powers of |
the government. To place the act declaring
the existence of the constitutional inability |
OF the president and calling ON the vice.
president to assume his duties, above the
appearance or suspicion of proceeding from
improper motives, it would seem to be emf
nently proper that the supreme legal tribu-
nal of the nation should take the initiative
in this matter if the time arrives when it
must be undertaken. The character of the
court would shield the act from the imputa-
tion OF injurious motives which might lie
against initiatory action by the vice
president himself, or by any other officials,
and would disarm the precedent of any
dangerous tendencies Duties which tax
The utmost strength OF the hardest physical
constitution cannot be quickly resumed by
the president. Under the most favorable
circumstances long period of recuperation
must elapse, and due regard for his final
to health will demand for him a
ong period of perfect freedom from official
cares. So, whether life or death is the
issue of the presidents wound, that the vice
president must at an early day assume the
duties of the presidential office seems
foregone conclusion. That this assumption,
if the president survives, shall be patriot
ically made, in a manner bearing the re-
hottest possible resemblance to usurpation,
the people will expect and demand, and
they will sustain and justify those officials
who shall approach and discharge in this
spirit this most delicate duty.