The importance of timely legislation with respect to the ascertainment
and declaration of the vote for Presidential electors was sharply called
to the attention of the people more than four years ago.
It is to be hoped that some well-defined measure may be devised before
another national election which will render unnecessary a resort to any
expedient of a temporary character for the determination of questions
upon contested returns.
Questions which concern the very existence of the Government and the
liberties of the people were suggested by the prolonged illness of the
late President and his consequent incapacity to perform the functions
of his office.
It is provided by the second article of the Constitution, in the fifth
clause of its first section, that "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,"
What is the intendment of the Constitution in its specification of
"inability to discharge the powers and duties of the said office" as one
of the contingencies which calls the Vice-President to the exercise of
Presidential functions?
Is the inability limited in its nature to long-continued intellectual
incapacity, or has it a broader import?
What must be its extent and duration?
How must its existence be established?
Has the President whose inability is the subject of inquiry any voice
in determining whether or not it exists, or is the decision of that
momentous and delicate question confided to the Vice-President, or is
it contemplated by the Constitution that Congress should provide by law
precisely what should constitute inability and how and by what tribunal
or authority it should be ascertained?
If the inability proves to be temporary in its nature, and during its
continuance the Vice-President lawfully exercises the functions of the
Executive, by what tenure does he hold his office?
Does he continue as President for the remainder of the four years' term?
Or would the elected President, if his inability should cease in the
interval, be empowered to resume his office?
And if, having such lawful authority, he should exercise it, would the
Vice-President be thereupon empowered to resume his powers and duties
as such?
I can not doubt that these important questions will receive your early
and thoughtful consideration.
Deeply impressed with the gravity of the responsibilities which have so
unexpectedly devolved upon me, it will be my constant purpose to
cooperate with you in such measures as will promote the glory of the
country and the prosperity of its people.