893.001 Chiang Kai-shek/1–2249: Telegram
The Ambassador in China (Stuart) to the Secretary of State
[Received 2:31 p. m.]
193. From Generalissimo’s farewell statement it may be assumed that mandate of Vice-President is based upon and limited by article 49 of the Chinese Constitution which reads in translation “should the President for any reason be unable to attend to his duties, the Vice-President shall perform the functions of his office in his place”. (See Embtels 194 and 195, January 22, immediately following.)
The Constitution does not further elucidate with regard to relationship of President and Vice-President under conditions stated. However, two things seem clear from provisions of article 49. One is that Vice-President succeeds to all powers previously exercised by the President (“shall perform the functions of his office”). The other is that the President has not permanently abdicated, for the Vice-President performs the functions of his office “in his place”. (This might also be rendered “on his behalf”.) This means that the President can legally return at any time to take back his power from Vice-President and again “attend to his duties”.