Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-08-26
Baby 4ernebef 5Ournal.
Aagasta. Friday Morning. Aug. 20
Presidential Inability.
from the Philadelphia Press.

tisl inability. The language OF the clause
in question is, 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 :"
The language is ambiguous, as it leaves in
doubt whether it is I" the powers and du-
ties Of said Office or the Office itself
which devolves upon the Vice President.
Il also leaves unsettled what shall consti-
tute inability and who shall decide when
it exists. On the death Of the President
10 each Of the three instances in our his
tory the Vice President has assumed un-
challenged the Presidency itself. and not
merely its powers and duties. On the
death Of Harrison the question came up in
Congress and both Houses with little de-
bate and by overwhelming maiorities de-
cided that Tyler was President. and not
merely :" Vice President exercising the
Office OF President as it was proposed
to term him.
Where the President is dead. and not
simply incapacitated. the distinction is Of
no practical importance. Congress proba-
bly, reasoned that az the Vice President
succeeded to all the duties and RESPONSE
bilities of the President he might as well
enjoy the title and the salary. The ques-
ton was not well considered. and the de
cision is ofno binding authority. even if it
had been. lift is sought to apply this
same Interpretation 10 the case Of the
Presidents inability an obvious embar-
rassment at once arises. The Vice Presi-
dent then becoming President gives US
two Presidents at the same time-a con-
tingency which the Constitution nowhere
contemplates. Should the President re-
cover there would be no constitutional
method Of reducing his associate TO his
former rank or returning again TO a single
Executive save by the voluntary retire.
ment of one of them.
Chancellor Kent. writing many years
before any Vice Presidential succession
had yet occurred, says in reference TO this
clause Of the Constitution that except in
cases in which the President is enabled to
reassume the Office the Vice President
acts rs President during the remainder of
the term for which the President was
elected" He is, according to this view
still the Vice President although acting
a. President The commentator says
nothing further. rs he evidently saw
no difficulty in the question. Congress
not having yet complicated it by differ
ent construction. That the second in
authority shall perform the duties of his
chief in the latter's absence. death or in
ability was principle thoroughly familiar
to Kent's genera ton, rs it is. with the ex-
ception OF the National Presidency. to the
present.
The Vice President of corporation
performs the duties of his President when
ever occasion requires without ceasing to
be Vice President A First Lieutenant or
q First Mate is often in command. but his
rank remains unchanged. We have the
highest authority for applying the same
principle of succession to the Presidential
office. Hamilton in the Federalist. SAYS
that the Vice President may occasionally
become substitute for the President in
the supreme executive magistracy. just as
the Lieutanant Governor of New York was
A. g A.
ernor in casualties similar to those which
would authorize the Vice President to en-
ercise the authority and discharge the du-
ties Of the President. The Constitution of
New York then In vogue saws that the
Lieutenant Governor shall exercise all
the power and authority appertaining to
the Office of Governor on the lattcr's re-
moval from office. Impeachment. death,
resignation or absence from the State until
another be chosen or the Governor absent
or impeached shall return or be acquitted.
The Indiana Constitution has provision
almost identical with that of the the Ma
tional Constitution on this subject. In
1865 Governor Morton. being stricken by
paralysis and advised by his physicians 10
go to Europe. requested Lieutenant Gov
ernor Baker to perform his duties in his
absence. which he did under the official
designation of Lieutenant Governor. act
ing as Governor.
The Interpretation ofthe inability clause
of the Constitution. sanctioned by Alexan-
der Hamilton and Kent and practically en-
forced by the late Governor Morton, is.
we believe. the correct one. But in the alb
sencc of legislation defining inability or
providing some tribunal for deciding when
il exists to such degree as to call for the
assumption of the active duties OF the Of
flee by the Vice President. it cannot well
be carried into effect. The President
might doubtless invite the Vice President
to discharge the powers and duties of the
formers Office during his illness. but in
the absence Of such an invitation it is hard
" supposable that Vice President in the
present state of the law would assume any
of the Presidential functions on his own
responsibility. Fortunately the decision
l.