National Republican., 1881-09-01
THE NATIONAL REPUBLICAN
WASHINGTON, D. G, SEPTEMBER /, 1881.
Population Of ths National Capital. 100000
Presidential Inability.

way of nations are those which pertain to
divisions of opinion concerning the right
full succession of the executive head. In
our own country we passed through
civil war which originated in resistance
TO the succession of the President ad-
mitted by all to have been constitutionally
chosen in 1860. A great faction had de-
clared in advance that no man differing
with them on the slavery question should
peacefully succeed James Buchanan as
President. In 1865 political fanatic
changed the succession by assassination
and gave the country an administration
controlled by those WHO had just been
defeated on the battlefield as well rs at
thc ballot box. In 1877 struggle over
the succession, based OH an honest differ
ence of opinion as to the legality of the
exclusion of the votes of few disturbed
localities in Louisiana would have
plunged the Nation into an internecine
war but for the patriotism, ability, and
self-restraint of the recognized leaders of
the two great political divisions in Con-
gress. And after the settlement had been
made by the Electoral Commission of
that year large element of the losing
side clouded the presidential title and
gave but sullen assent TO his authority.
The cases named show that even in a
republic legitimate election result may
be violently resisted; that the rule of
the majority, as well as the sway of alb
solute despotism, may be tempered by
assassination" and that even the ques-
ton of ascertaining the result Of an
election, where any dispute occurs as to
State returns, may be one fraught with
great danger to the public peace.
The succession of Nice-President in
case of the death of the President has oc-
cured three times during the existence
Of the Republic without dispute or Ggita-
tlon. Such succession in case of the
removal of n President from Office has
not occurred, and we shall of course
never know to what strain our institu-
tions might have been subjected if in
1868 the powers and duties Of the presi-
dental Office had devolved on Benjamin
+. Wade, then President pro tenn. Of the
Senate, by the impeachment and removal
of Andrew johnson by the vote of Mr..
Wade himself lawfully given as Senator
from the State of Ohio. No case has yet
arisen OF the resignation or inability of
President. The fifth clause of the first
section of the second article of the Con-
stitution is as follows:
In case of the removal Of the President from
office, or of his death, resignation or inability to
discharge the powers 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
Onicer shall then act as President and such officer
shall act accordingly until the disability be re.
moved or II President shall be elected.
The terms of the provision are abso-
lutte that in either of the cases enume-
rated the powers and duties of the exec
utive office "shall devolve on the Vice
President" and this is followed by the
grant of power to Congress to declare
what officer shall act as President when,
for either of the reasons named, there
may not be Vice-President to fill
vacancy in the highest office.
The clause has been treated as self
executing in the case of vacancy by
DNlNiij anu Jpill llNly
and Andrew johnson each became Presi-
dent without any legislation by Congress
That the tease" had arisen admitted of
no dispute, and the peremptory "shall"
of the Constitution could not have been
defeated by any act or omission on the
part of Congress.
The case of " Removal" has never been
r.rntti1nl fnN- l,Nr I'n,,,,ragy Iannnga
A of article of the Constitution declares
that the President and Vice-President
shall be rem0red from Office upon inn
peachment and conviction of certain Of
lenses, while in article the sole power
Of impeachment" is vested in the House
Of Representatives and the "sole power
10 try impeachments " is vested in the
Senate, 1t would therefore appear that
no act Of Congress would be necessary to
vest the presidential Office in the Vice.
President upon the impeachment and
eOnViction ofa President.
But while the constitutional provision
quoted above has been deemed sufficient
without legislation so faras cases Of Death
and Removal are concerned, Congress
has held legislation to be necessary in re-
lation to Resignation, AS early us 1892
the following law was enacted, and has
never been changed:
The only evidence Of refusal TO accent or of
resignation Of the Office OF President or Vice.
President, shall be m instrument In writing de.
Glazing the same, and subscribed by the person
refusing To accept or redgnlng, ms the case may be-
and delivered iulo the olIco of the Secretary of
state.-ReriSfd Sdiut(S Section i5l.
Congress is empowered by the Consti-
tuition
To make all laws which shall be necessary and
proper for carrying into execution the foregoing
(enumeTOtedM powers, GIld all other powers vested