The Evening critic., 1881-09-02
THE EVENING CRITIC.
PRESIDENTIAL INABILITY.
ESTABLISHED AUGUST. 4,


Thought OF the Question of Sue
ccssiOn.
The question of the Presidents inability
is the one now which is only secondary to
the othor question of his ultimate rec ovcry
1t is m undecided question whether the
vice-President could act even If requested
to do so by the President himself. Opinions
differ as to when the inability alb
solutely arises. Elsewhere we publish
the views of ex-senator Eaton, sound
constitutional lawyer, on the sub
!iect. Congressman Robson, whose high
standing as lawyer and II parliament
tartan will cause his views to be read with
great interest and attention, has also been
interviewed. He takes tho original, and
ut first thought, startling ground that the
Vice. President himself is the sole judge Of
the time and circumstances under which
the duties of the Presidency devolvc upon
him, under the Constitution. The owl
dence which he should require for such
decision is the most important element
in the case, and this is also consid-
cred with some care by Mr.. Robson. He
concludes that the most satisfactory owl
dence which could be furnished Of the &C.
curroncc of the contingency of inability
provided for by the Constitution would be
the statement of the President himself to
that effect. After that the best evidence
would be the certificate of the attending
surgeons accompanied by notification from
the members Of the Cabinet.
As an interesting chapter in connection
with this matter we publish the following
report, which was made to the Senate OF
the United States on August 5, 1856, by
Senator A. p. Butler, of South Carolina
who was at the time chairman of the Com
mittee on Judiciary. The interesting doc
ument was exhumed from the volumi
nous piles Of the Senate by Mr.. AMI
Smith, who has charge of the Senate
Document room, and who seems to know
by heart all the papers ever filed there. HI
was asked whether report had ever beer
made on the subject of Presidential in
ability and Presidential SUCCESSORS, and a,
once placed in our hands the following doc
ument:
On the Goth of juno, 1856, the Senate
adopted q resolution in the following
words rHt
"Whereas, the Constitution Of the United
States provides that Congress may, by law
, provide for the case of removal, death, res
ignatiOn or inability both of the President
and Nice-President, declaring what Officer
shall then act as President, and such Officer
shall act accordingly until the disability
be removed, or President shall be elected
"And whereas it greatly concerns the
peace of the country, and, perhaps, the
ictap 10 tla . Ia,
laws enacted by Congress in pursuance o.
that provision of the Constitution, should
be so comprehensive as to provide for every
vacancy that can possibly occur in the of
flee of President, and so clear as to permit
OF no controversy, nor any question of dis
puted succession to that high office.
"To the end, therefore, that all doubts OF
defects which may exist in ourpresent law
on this subject may be remcdied, and further
= controversy prevented
g BE IL resolred by the Senate of the United
States, That the Committee on the Judiciary
be instructed to examine into those laws
and inquire whether the provisions they
contain are constitutional, proper ant
adequate, in all respects, to that pur
pose and end, or whether any further lcgis
lation be necessary or proper, and to report
thereon by bill or otherwise"
The committee has considered this sub
ject with great care, and herewith reports
bill adequate, in its opinion, to meet all tn,
difficulties suggested.
The fifth section of the second articl,
of the Constitution is the one to which
the resolution refers and that article
together with the acts Of Congress passed
to give it effect have been brought unde
consideration by tho committee. The sec
tion Of the Constitution is us follows:
SIN case of the removal of the Presiden
from Office or of his death, resignation, o
inability to discharge the powers and dutie
of the said Office, the same shall dcvolvc OF
the Vice President, and the Congress ma.
by law provide for the case of removal
death, resignation, or inability both of tn
President and Vice-President, declaring
what officer shall then act as President, AM
W such officer shall act accordingly, until tn
disability be removed or a President shal
be elected"
And the act of Congress, approved Marcl
/, 1902, in reference to this subject, contain
two sections, to wit, the ninth and tentf
which arc as follows:
"Sec. 8. That in case of removal, dealt
resignation, or inability, both of the Pres
5 dent and Vicc-President of the Unite
States, the President of the Senate pr
tempore, and in case there shall be no Pres
dent of the Senate, then the Speaker c
the House of Representatives, for the tim
being, shall act as President of the Unite
States until the disability be removed or
President shall be elected
"Sec 10. That whenever the offices
President and Vice. President shall both bI
come vacant, the Secretary of State sha
forthwith cause a notification thereof to |
made to the executive of every State, an
shall also cause the same to be publishe
in at least one of the newspapers printed
each State specifying that electors of I'll
President of the United States shall be al
pointed or chosen in the several Stat,
within forty-four days preceding the fir
Wednesday in December, then next ensl
ing: provided there shall be the space
two months between the date of such not
: fcaton and the said first Wednesday
~ December but if there shall not be I'll
space of two months between the date
such notification and the first Wednesda
in December, and If the term for which Il
President and Vicc-President last in otlit
were elected shall not expire on the THU
day of March next ensuing, then the Seer
tary ofState shall specify in the notifcatiC
that the electors shall be appointed I
= chosen within thirty-four days precedii
the first Wednesday in December, in Il
year next ensuing, within which time ii
electors shall accordingly be appointed
chosen; and the electors shall meet N
give their votes on the said first Wednesd'
in December, and the proceedings and
% . I,ae IA al aud athnr haD