New-York tribune., 1881-09-02
THE QUESTION OF INABILITY

OPINIONS OF EX-SECRETAltY robson.
~up PRESENT CONDITION OF AFFAIRS AT WASH
! 1SeToN--wHEN DOES INABILITY" ExIsTf-THE
y1cE-PREsIDENT ALONE TO DECIDE THIS CUES
,roy-A SPECIAL SESSION OF CONGRESS NOT
NECESSARY AT THIS TIME SENATOR BECK
WARMLY COMMENDED.
George NJ Robeson, ex-Secretary of the Navy and
At nresent member of Congress, who arrived in this
citv Yesterday morning from Washington, was
called upon by a TRIBUNE reporter at the Brevoort
House In reply to a question whether he would
talk about the condition of affairs IN Washington
he said:
think ought to hesitate under the circumstances
because although the present condition is one for
which the Constitution provides it is new in the
history of the Government and it is proper that the
american people should consider it. and should un-
derstand the manner in which and the extent to
which it is regulated by the Constitution and laws"
"Do YOU think there is likely to be shock to the
counryT
"I do not think there will be under any con-
tneency that is likely to arise 1t only requires the
Application Of the intelligence of the people to the
question to show them that whatever is done, is
necessary to be done will be in accordance with the
proyisions of our organic law, and will in no way
affect the political business interests of the
trv If President Garfield should die, VicePresi-
dent Arthur would succeed to the Office of Presi-
dent without question, by virtue of the Constitution
itself The Constitution also provides that in case
of the inability of the President to discharge the
powers and duties of his ofdce. the shall
devolve upon the Vice-President.' You will
clearly by this that when an inability on the part
of the President to discharge the powers and duties
of his Office arises it is not only the right but the
duty of the e-Presldent to and discharge
them 1t is not an assumption of power by himself
nor gift from anyone, but it devolves upon him by
the Constitution, under the provisions of which he
holds his office of Vice-President"
QUESTIONS TO BE CONSIDERED.
"What are the questions governing thsf"
"The first u.s. When does this inability arise 2 Sec
ond, BY whom is the question of the inability to be
decided And third, Upon what proofY In consider
ing the question: When does this inability arise
it must first of all be decided, What is such inabil
ity' as is contemplated by the Constitution"
"How would you define thisl"
"Whenever duty is required to be done by an
officer and he has not the power to do it, then in
ability exists. More generally, whenever officer
meets luty, the performance of which is actually
or legally required of him. and he is unable to per-
form IT, ut the time when its performance is required
of him. then inability exists. a mere transient
incapacity, the order of nature a daily lfe such
as temporary absence, or passing sickness,
transient inability of any kind not affecting the
legal performance of the duty, or its effect when
Constitution. But when it is of such nature and
duration that the officer cannot do important acts
requisite to be done, must leave the duties of
important Office unful6led for time,
Sufficient to withdraw from the Office and its full
flment the effective influence and governing mind
of the officer himself, then inability exists In
the present. instance long the President is able
intelliCently TO desire his Cabinet officers to
discharge the duties which they are authorized by
w A and
long he is able affirmatively to do
sire that other policy be pursued than
that which is being followed out then no ina
bity will arise until some actual duty is presented
which the Cabinet is not able to perform But when
duty actually presents itself, requisite to be per-
formed by him. which he is unable properly to per-
form, then the inability contemplated by the Con-
sttution actually exists, and, by the Constitution
ITSELF not only the right, but the duty to perform it,
devolves upon the Vice-President.
1.-TWO questions remain namely, Who is To be the
3udgc when this condition of things arises and
what are to be the evidences of it The Constitu-
ton itself provides no judge tribunal to decide
this question of inability Congress- acting under
the general power to make all laws which may be
necessary and proper for carrying into execution all
powers vested by the Constitution in the Govern
ment of the United States, or any department
or officer thereof, might, by legislation, have
provided what should be the evidence of
the inability and might perhaps have pro-
vided also tribunal to decide when, under
such evidence it existed 1t did provide in the Act
of 1902 what should be the evidence of the resigna
ton of the President namely that the only evidence
should be written paper subscribed by his name
and filed in the Office of the Secretary of State But
1T has made provision in the case of inability II
1t has this power under the Constitution it has not
exercised it,"
Gould not Congress be called together and could
not it decided"
" Congress is not a tribunal to decide this uues-
tion. Congress is legislative body only; creature
of the Constitution of the United States, and with
only such powers as the Constitution gives it, 1t
has no inherent power at ALL and all its implied pow
ers must be of legislative character. Congress
makes laws to govern cases as they arise in the fu-
ture; it is not in any judicial body to decide
upon cases after they have arisen. Congress might
by law, have provided a tribunal competent to
decide this question: But it cannot of itself decide
1t. 1t has no more power in regard to it than the
Legislature of the State of New York would have"
HAS the Supreme Court any powerp
mo, because the question is not before it, and it
has no authority to decide political questions or a-
stract questions of any kind and besides will not
be in session for some time"
"Is the Cabinet the proper tribunalp
1t has not the power, nor does it claim any such
power"
"Can the President decide this auestionY
The President himself cannot legally decide it.
though he may declare his inability and thus fur
nish ncontestable evidence upon which the Vice
President may act. Still it is evidence only and not
decision"
THE vICE-PREsIDENT ALONE TO DECIDE
"Wbo, then, is to decide 7v