New-York tribune., 1881-08-30
THE INABILITY OTES TION

covery of the President must be aban-
doned. The best we can reasonably expect will
be a long and tedious convalescence, during
which he will be unable to give proper atten-
ton to many of the important duties of his
office. This prospect, which has never been so
clearly presented as within the last few days,
naturally calls the public attention more
forcibly than heretofore to the const-
tutiOnal provision for such occasions
So long as the chances appeared almost equal
that the President might succumb to his in
juries or might rapidly recover from them, it
was from every point of view desirable that
this element of discussion and possible
contention should be avoided as much as
possible. There was immediate necessity
for a substitute to perform the routine
duties of the Executive Office. The heads
of departments, acting under the author
ity Of the various statutes by which
their departments were created, were entirely
competent to carry on the work of govern
ment at n time of comparative quiet like the
present. The more sanguine hoped that within
a few weeks more the President would be himself
again, and those who took darker view thought
the question of inability was not worth discussing
when the contingency of death was so imminent.
But we have apparently now reached point
in the ease where we are forced TO confront
the probability that the President may he for
months to come incapacitated for active work,
aud the question Of the substitution of the Vice
President according to the constitutional pro-
vision, becomes a matter of pressing Importance.
Although have several times already
printed the clause of the Constitution in ques-
tiUn we will print it again, as ii cannot be
made too familiar to the people at this time.
1t is the 9TH Clause of the 1st Section of the
I'd Article
the removal Of the President from Office or
of his death, resignation inability discharge
the powers and duties of the said Office,
tine shall dcyoiye the yice-Presldeut.
and the Congress may by law provide for
the Of removal death, resignation inability
of the President and declaring what OH
shall then net President, and such officer shall act
accordingly, until the disability be removed, Presi-
dent shall be elected.
These are the only words to be found any
where, touching upon this subject, which have
the authority of law. No statute to carry into
effect this provision of the Constitution has ever
been passed. and we are therefore practically
without the necessary powers to ascertain when
and to what degree inability exists in what
manner the duties of the Presidential office
shall devOlye upon the ce-Presidont, and in
what manner wh,n the disability is removed
the President shall reassume his duties. There
Is no power now existing which can decide
these questions. IL is not given to the Presi-
dent himself nor to the Cabinet which i'm fact
has no legal existence rs n body, nor to the
Nice-iresident, nor To the courts, to decide
whether the Prcs tent is or is not unable "to
discharge the powers and duties" of the Pres
idcncy and there are reasons too evident for
discussion why it would not be wise To lodge
such authority i'll any of these functionaries
Congress is the only branch of the Government
which has the power to fix the rules aud
processes by which this clause of the Constitu-
tion is to he carried into effect. If the Prcsi-
dents injuries should terminate fatally. of
comse no legislation, no decision from any
constituted authority, no notification even
would be necessary to authorize the Vice
President 30 take the oath Of Office and
to enter upon his duties The notification
which is usually given in such cases by
the Cabinet is mere matter of courtesy
ana not III any sepse essential But i'm the
event Of long period OF time clapsDg
during which the President shall he unable TO
discharge his duties, 1T seems to be an abso-
lutte necessity that the only competent power
shall establish by statute the method and pro
cess of procedure by which the inability of
the President shall in this ease, and in all
future cases, be ascertained and declared
and the duties Of the Office devolved upon the
cc-Presdent
IL is fortunate that in the present case no
question can arise as to the authority 70 call
Congress together. The President is in per-
rect possession OF his mental faculties. and
although he is unable to transact all the busi-
ness pertaining to his office, there can be no
doubt as TO his capacity to issue q proclama-
uon convening the legislative body We
could conceive of a case of inability arising
from paralysis or mental arrangement which
would be far more embarrassing in the absence
OF any statute, and this is an additional reason
why it is advisable by legislation to settle the
matter for the future. An extra session of
Congress is always thing to be avoided when
1t Is possible; but it seems hardly avodable in
case like the present. We can foresee MANY
difficulties and even dangers in the way. The
proposed legislation will not be obtained with
out scenes of factiOus and partisan disp,ite
which will be painful to witness. But the
possibility of such scenes must be accented
and taken into account AS Mr.. George Ticknor
Curtis observes in an article on this s,,h;ect j.,
Harper's Weekly:
II In making precedent this subject we can not
put away the spirit OF party the aims of faction tho In
teress of personal ambition and our posteritv
suner the consequences The Constitution assumes that
o ppo virtue ana the intellectual capacity OF every
generation will be equal to any demands which II uares
upon them.
Though the calling together of Congress ia
the act OF the President himself, it will, of
course, not be done but upon the advice and
suggestion OF his Cabinet. They are men of
intelligence and patriotism, and the country
FL T. ~