, 1881-09-04

J. presidential inability, The TRIBUNE cor
RESPONDENT today obtained the views Of Gov.
Cullom and ex-Goy. John II. Palmer upon
the subject. Both gentlemen were found to
nave considered the question involved, LII
response to the correspondents questions
Gov. Cullom said: 'The Constitution of the
+ United States declares that, in case Of the
removal of the President, his death, resIs-
nation, or inability to discharge the duties
ot the o1lice, the same shall devolye upon
the. Vice-President. On the question
whether he is now incapacitated to perform
tue duties, l am OF the opinion that the fact
that ne Is and has been dangerously ill from
| the effects Of the wound, Is
NOT EVIDENCE OF INABILITY
IN the constitutional sense. The fact that tie
cannot sit ut lis table :llld pass OIL apulica-
tlons Tor office or perform physical labor is
| NOT: evidence that lle is i'll the condition
| meant by the Constitution Int the use Ut tic
| word disability. Tic President has, sub
stantially, all the time been perfectly
RATIONAL and c1ear-headed, and, while
| tle mas been physically Frustrated. lie las
been Ill Il condition to talk with his advis-
ers II All emergency arose recurring it. It
IS not necessary, ordinarily, that he should
sign his name with his own hand. On the
question OF how it may be determined whet!i-
CT the President has the ability to discharge
tile duties OF his office, and by whom, sup-
pose that II the President should notify Mr..
Arthur to act us President, and state that he
coult not, during Ills illness, it would be
taken as sufficient evidence uf disability.
If THE PRESIDENT WEKE AuJUDGED IN
SANE,
the Vice-Ptcsilent could take upon himself
the duties Of the office. II the Vice-Prcsi-
dent were to assume the duties Of the office
Of President of his own motion, in the belief
that the President was ineapacitated to act,
the validity of his acts could only be brought
i'll question before the courts. Our State
Constitutions have provisions very similar to
the one III the National Constitution. While
Lientenant-Governors have acted as Gov
ernors in the absence OF the Governor from
the State at times, I'll almost every udluinis-
tration, there never has hecll, that l know
of any question as to when his right began
aud ended, except i'll one Instance. Ii
the time shall come when tile President is So
disabled Us that it becomes the duty of the
Fice-presitlent to act, shall have no fears
that the Vice-President would step aside
wien the Presidents disability passed
away.'
GOV. PALMER
was next visited, and took IN opposit view.
II IElyc no doubt but that the duties OF the
Presidency have already, under the Consti-
tuition. deyolyed upon the Vice-President.
The language Of the Constitution, asst relates
to this subject, admits of dispute which
is not singular, for find mer can dispute
about anything. The language is: 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 Of
flee, the same shalt devolve OH the Vice
President Mr.. Garfield is confessedly Uni
able to discharge the powers and duties Of
said office, and, of necessity, the same have
already deyolyed upon AIr. Arthur, and the
powers ana duties Of the office must
as certainly be resumed by the Presi-
dent in case he becomes able
to discharge them. This was the view
of the framers OF the Constitution, l thin K
though very little was said on the subject in
the convention or by the early writers.
HAMILTON,
in the tFederalist,' gives a half-page to the
Vice-Prcsident, and says of him that he may
occasionally become Il substitute for the
President, and then compares the Office to
that of the Lieutenant-G Governor. Who pre-
sides III the Senate and is the constitutional
substitute for the Governor in casualties sim
liar to those which would authorize the
Vice President to exercise the authority
and discharge the duties Of Presl-
dent Tie President is a mere
magistrate without personal power or rights
other than such as are conferred upon him
BY the Constitution and the laws, III order to
enable him to execute his official duties.
Wicn the individual elected to the office OF
President becomes unable to discharge the
duties and powers of the Office, they, by the
mere force OF the Constitution, pass to tile
Vicc-Presidcnt. This view is attended with
some difficulties. 1t is feared by some and
claimed BY others that Arthur should, rs I
think he ouyht, 1T once enter upon the dis
charge of tic dtlt4e 8 OF tlle Presidency. lie
would not or ouglea'ot refuse in case Of the
recovery Of a1r. eaf field, to vacate the office.
ACTING PRESIDENT AErIIUl:
might possibly take that course, but we have |
Il right to EXPECT him to TO his duty, and cer- |
tainiy all the precedentS in tic State Govern |
nent would be against lin. Lleut.-Goy.
Hubbard. Of Illinois, lis early as 1s1,: made |
a similar point against Gov: Coles. The Sn-
pretlle Court of that day declined to decide it,
but the pretenston was then 81, dlscounte-
uanceu that it has never been revived by any |
Lie,tenanrfiovcrnor Since, every one OF |
WHOM, as / believe, except i.icut--G0v.
Dnugherty, ut some time acted us GOV
ern0r.o
JOHN A.. JAMESON.
CONGRESS SHOULD rE CALLED TOGETHER
TO PASS \ LAW ON THE SuJECT.
TO tie Editor of The CHICAGO Tribune.