The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1881-09-13
THE INABILITY QUESTION.

The inability question continues TO be the
circles. But it appears the more the subject
is discussed the more numerous are the diff
culties that present themselves in the way of
It's satisfactory solution. Eminent constitu-
tional lawyers, eminent politicians and many
others noticeable only for their lack of any
knowledge at all concerning the matter have
expressed opinions upon the subject. A want
of harmony in these opinions is the only dis
tinguishing feature. The Cabinet is very
much exercised over the matter. 1t is urged
by some of its members that Congress be
called together to the end that a law be pass
ed which will cover the case. This PROPOSE
ton receives q check from others who
contend that congress has no power in the
premises anyway that it is a matter hat
rests simply upon a construction of the con-
stitution, which is clearly the business Of the
supreme Count. Then again there are these
who are in doubt as to whether after all it is
not the duty of the Vice President solely to
take cogniZance of the fact that the govern
ment is without an active head and upon the
existence of that fact assume the duties of
the Chief MAGISTRATE. The advocates of this
mode of procedure are met by the objection
| that such action on the part of the Vice
| President would be a dangerous precedent to
set that in the future some Vice President
NAV see fit to declare that the President was
unable to perform the duties of the Office and
..to,,,t tn .eSp,na HE fDnctipnS Whila OF tho
| same time the latter official should declare
that lie was not disabled so as to prevent him
from giving the necessary attention to the
duties of the Office. Another objection
urged against this course is that the Vice.
President having once obtained possession of
he thought the President was capable to re-
sumo his place.
In the mass of arguments that has been
adduced pro and con in this matter, the fact
cannot be disguised that certain practical diff
fculties in the Interpretation of that clause
of the second article of the constitution
which deals with the subject of a Presidential
inability, exist. These have arisen partly
out Of the phraseology of the clause itself
and partly out of the past construction of the
clause. The language efEthe clause is:
"In case Of the removal of the President
from office, or OF his death, resignation or ILL
ability 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, resig-
nation or inability of the President and Vice
President declaring what officer shall then
act as President, and such officer shall act &C
cordingly until the disability be removed or
a President shall be elected"
BY some it is commended that if the clause
were to be construed rs meaning that no per-
son can be a President except by a regular
election to that office and that the person
elected as Vice. President Of the United
States shall in certain contingencies DIS
charge the duties of the President without be-
coming himself q President there might be
less trouble in meeting the contingency with
which the country is actually confronted.
But say these same persons if the clause is
to be construed as a whole and the interpreta-
ton adopted and sanctioned as it has been by
the assent both of the coordinate branches
of the Government and of the people, it
would seem that the Vice-President once
called TO discharge tie duties of the Presi-
dency ceases to be = Vice. President and be-
comes a President.
On the ether hand this position is met and