Savannah morning news. [volume] (Savannah) 1868-1887, 1881-08-20
..DisahilitY" of the President.

Editor Morning NeaoS' In your issue
of Thursday, the 18th instant, noticed
an article from the st. Louis Republican,
under the above caption, beginning with
the question: What is the proper tribu-
nal for determining the temporary disa-
bility of PRESIDENT and proceeding
to discuss it, but without coming to any
definite conclusions in reply to it. The
question is a pertinent one in the pres
ent political condition of the country,
and calls for close and impartial investi-
cation.
The Constitution of the United States
provides, article 2, section 1, clause 5:
I'm case of the removal of the Presi-
dent from Office, or of his death, resig-
nation or inability, to discharge the pow
ers and duties of the said office. the same
shall devolve on the Vice President, and
the Congress may by law provide for the
case of removal, death, resignation, or
inability, both of the President and Vice
President, declaring what officer shall
then act as President, and such officer
shall act accordingly, until the disability
be removed, or a President be elected"
Again, the Constitution of the United
States provides, article 2, section 4,
clause |: The President, Vice Presi-
dent, and all civil officers of the United
States, shall be removed from Office on
impeachment for, and conviction of,
treason, bribery, or other crimes and
misdemeanors.
In the impending national crisis, which
induces the question put by the St.
Louis Republican, it is clear that in
answering it we have not to consider
treason bribery, or willful crime, but are
thrown entirely upon the general class of
faults included under the word misde.
mednOrs-if there be constitutional
solution of the Republicans proposition.
Blackstone says, Grimes and n1isde-
meGn0rs are mere Synonymous terms;
but in common usage, the word crime is
made to denote Offenses of a deeper and
more atrocious dye. while small faults
and omissions of less consequence are
comprised under the gentler name of
mtSdemeGnOrS.
American authorities, Wharton, Bur
rill and others, define natSdenaeGnOrS to be
"any crime less than felony--the term
applying to all offenses for which the
law has not furnished particular name. "
In the debates in the Federal Conven-
ton that framed the Constitution of the
United States, we find Mr.. Madison
using this language in the discussion of
the principle, 'shall the Executive be
removable on impeachments, etc p
''Mr. Madison thought it indispensa-
bic that some provision should be made
for defending the community against the
incapacity, negligence, or perfdy of the
Chief Magistrate. The limitation of the
period of his service was not sufficient
security. He might lose his capacity
after his appointment. He might per
vert his. administration, etc.
In the case of the Executive Magistracy
which was to be administered by a single
man. loss of capacity or corruption was
more within the compass of probable
events, and either of them might be
fatal to the republic" madison papers,
volume I'd, PIT. l, 155-6.)
In these views, which were supported
by a vote of s to 2, when the question
was put to the convention, Mr.. Madison
classes incapacity," Gloss of capacity"
or disability" as one of the Omissions
of less consequence" embraced by the
term misdeDteGnOr, and coming within
the intention and provisions of impeach-
ment And where could the jurisdic.
ton of disability" be more safely placed
for the security of the republic than in
Congress, representing as it does the
people and the States
The question of incompetency to dis
charge the powers and duties of any
office is a difficult and delicate problem
to determine, requiring close and impair
tial scrutiny and fair judgment; and to
whom could the investigation of the dis
ability of the Chief Executive of the ma
ton be so well entrusted, for the ends of
justice and the general welfare,
as to the representatives of the people,
and of the States in their. political char
acter, composing the nation Moreover,
IN doing so, we follow the constitutional
principles derived from our mother
country, England, the source of our lib
critics and OF our common law, who has
confined to Parliament all questions
touching the incompetency of her chief
executive, the Crown.
The disability, TO be remedied, must
be real and actually preventing the dis
charge of powers and duties to the ex-
tent of detriment to the public interests.
1t must not be hypothetical, assumed
without proof for the purpose of dejuc-
Jag proof, but an existing fact. The in
vestigation and judgment upon it should
be removed as far as possible from the
influence of the intrigues of factions, or
of ambitious men who might seek profit