National Republican., 1881-09-01

by this Constitution in the Government Of the
United States, or In any Department or officer
thereof.
Under this grant of power Congress, rs
we have seen, has enacted law to define
ton of the presidential office, and the
Vice-P President is thus restrained from
deciding for himself as to the fact of such
resignation. George Washington was
President for three years before the en-
actment of this law. If during that time
he had resigned, either by letter to
Congress or to the Vice-President, or by
public proclamation, and had retired to
Mount Vernon, refusing longer to serve,
would the office have remained vacant
and its duties unfulflled, or would these
have "devolved upon the Vice-Presi-
dent" without any act Of Congress, solely
by reason of the Constitution itself2 The
plain answer is that the Constitution, as
well as legislation under it, is "the SUI
preme law of the land" and that Con-
gress could not defeat its plain declara-
tions and commands by failure to legis-
late.
Is legislation necessary, then, to define
the question of Inability? Whatever an
swer u strict construction of the Consti-
tuition would furnish to this question, no
practical mind can ignore the disastrous
consequences that might flow from any
claim by ce-President to determine
for himself the fact of inability. Congress
has the unquestioned power to pass the
necessary and proper" law on the sub
ject-a power expressly granted to be
used in just such cases of doubt. The
question will, no doubt, be considered by
Congress at its regular session. In the
enactment of any law upon the subject
the fact will doubtless be considered that
the duties of the presidential Office are
sometimes very slight and at other times
very onerous. There may be months dur
ing which they would not too severely
tax the feeblest invalid, and there may be
long periods when the President need not
be called upon to even so much as hear of
anything connected with public affairs.
If before Congress meets, either in reg
ular or special session, invasion or re-
bellion should imperil the national safety,
and the whole country should be agreed
that instant and energetic steps must be
taken for defense by the President, and
if then the President was so much pros
trated by illness that he could not even
be told of the situation without manifest
danger to his life, then, but not until
some such emergency, would it become
necessary for the Vice-President to con-
slider whether the duties which the Presi-
dent could not discharge should devolve
upon him at once, as in case of Death, or
whether the powers of the Office must be
held in abeyance until Congress should
by law define Inability, as it has already
defined Resignation.
1t is known that at the present time
there are no duties specially demanding
attention, and therefore the exercise of
the powers and duties of the Office is not
beyond the ability the President, even
in his enfeebled condition. If he desires
an extra session, in order that inability
may be defined, well and good. For any
one else to originate the proposition
might prove as dangerous cause ofexcite-
ment to him as would be q recommends
ton that he resign.
If any one thing in all this matter is
known better than another, it is that
JAMES A. GARFIELD will continue to be the
President until his term expires, unless
he shall die in the meantime, which
Heaven forbid, or unless, under an act of
Congress hereafter to be passed, it should
be declared that case of inab'lity had
arisen. Only great and highly improb-
able convulsion in public affairs could
render any other course either necessary
or admissible