The Republican journal. [volume] (Belfast, Me.) 1829-current, 1881-09-01
Presidential Inability.

bllity to discharge the powers and duties
of the said Office the same shall devolve
upon the Vice President" etc The con
dtion of President Garfield has given rise
to an earnest discussion as to what con
sttutes the disability of a President, and
the general opinion seems to be that ad-
dtlOnal legislation is needed on this point,
concerning which there are differing
views among the best informed. George
Ticknor Curtis contributes to a late issue
of lIarpers' Weekly Il paper on the ques-
ton, in which he takes the position that
the provision Of the constitution relating
lie assumption Of Executive duties by
the Vice President covers the ease of
temporary ''inability" of the President.
and that it is necessary for Congress to
make 4 more specific definition of the
circumstances under which the ice
President shall take up and lay down the
functions Of the office. Admitting that
in ease Of absolute necessity for executive
action, ana the total incapacty Of the
President TO act, the Vice President may
act in his place without any law defining
his duty, Mr.. Curtis maintains that legis-
lation is still necessary to give effect to
the provisions of the Constitution, and he
finds sanction for it in the clause which
nm hnI /IG 1 th l-n ,,lI l.lI.r
necessary or proper for carrying into cN-
ecutiun the powers vested in the govern
ment Of the United States, or in any de
partment or officer thereof.
But, unfortunately, says the Boston
journal, the present circumstances ito
not make the plan Of Mr.. Curtis available,
or il they do Il day or IN hour max change
everything. The President is not at
present in Il condition to be asked to sign
his name To a proclamation Of amy sort
least Of all to one for the purpose which
has uccasioned this discussion. Congress
is not in session. and will not meet in the
three months yet In that state of things
what is t. be done , no law OF custom
gives authority to anybody to take cog
nizancc Of the Presidents present or lu-
ture inability. Evidently an emergency
may arise which will demand that some
body act without authority. When that
time comes the people must be prepared
to expect and toeNcuse what under ordi-
nary circumstances would be usurpa-
ton Mr.. Arthur himself has exhibited
4 strong reluctance to transcend his au-
thority. No doubt he viii to the last
avoid even the appearance Of desiring 70
succeed, either temporarily or perma
nentlv. to the executive power. The
courts would certainly refuse to take no
tee Of any movement intended to impose
All unweIcomc duty upon them, and they
would be right in SO refusing.
After all, then. the Cabinet must act ii
there is to he action. 1t is perfectly true
that the Cabinet is unknown to the law.
It consists merely of certain high officers
Of state whom the President, Of his own
motion, consuts in 4 body. Nevertheless
the Cabinet Is Il definitely constituted
body the members OF which exercise all
the executive power Of the government
excepting that which must absolutely be
exercised ~ the President himself More
over, they are the safest and most con
scrVatiNe persons to whom The authority
In such circumstances rs the present could
be entrusted. Having been personally
chosen hN the President, and being fully
aware that 10y nearly universal custom a
new President selects new secretaries,
they have a direct interest in postponing
the formal declaration Of the Presidents
disability rs long as possible. 1t is most
earnestly to 10 hoped that no occasion
VIII render their assumption Of authority
necessary. Vet it ought to be recognized
that il it becomes necessary for them
to take tile responsibility of calling the
Vice President to the executive chair it
viii be, however irregular. a wise and
Indispensable exercise of preatunptiye
power.
EN-Goy. Hendricks, Of Indiana, when
interviewed on the subject at Saratoga
said "As To the authority of the Vice
President to assume the office of his own
act, While it would be bold thing to do,
can fancy cases in which it would be
justlilabIe and proper. Suppose the Pres
ident was VIGOROUSLY disabled from per
forming Ills public duties, the business of
the government was Distracted, the pub
liz interests injured ana tine Cabinet
usurpng powers that do not belong to
them, ought the Vice President, to whom
the constitution looks to prevent lust
such evils to remain passive and do
nothing? have no doubt the most de
slruble method Of proceeding would he
for the Cabinet to invite the Vice Pres
dent to act Is PRESIDENT But suppose
the Cabinet would not ITO 50 Congress
may be regarded rs the proper authority
to declare the existence Of the disability.
But how could Congress be called to
gethcr! Would there be any more Mar
rant for their action if they were in scs
N T. III, A
for the Vice President himself! The one
point certain is that the Constitution was
intended to keep the nation out of and
not to plunge it into confusion and an
archN, and common sense ought to be
brought To bear upon the construction of
its provisions in cases Of this character.
The English preccdents, as in the case Of
George ILL.,, warrant the action Of Con