Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1848-08-10
Geral0 Of the Gimcs
RHODE ANDER R;
NEWPORT.

CHOICE OF ELEcroRs OF President AND
VICE PRESIDENT OF THE UNITED STATES
BY the 4th clause of Section /, Article III, of
the Constitution Of the United State, -" The
Congress may determine The time Of choosing
The electors, and The Gay on whih hCy shall
give heir votes; phich day shall be The same
throughout the United Stafcs." This clause
Of the Constitution was executed by the acts of
Congress passed March lst 1889 and March
Goth 1904, by which the States respectively
we're allowed TO name any day for lie choice
of electors within thirty-four days preceding
the first Wednesday in December in every 4th
year succeeding the last election; and the said
first Wednesday in December was declared to.
be the day OH which the electors shall NETT
and give their votes in each State, as shall be
directed by the legislature thereof
Under the authority Of these acts and of the
Constitution of the United States the General
Assembly Of this State, in the digest of laws
established by them, January 1874, made pro-
vision for the choice of electors, by plurality
Of legal votes, at elections TO be holden in the
several towns on the first Monday in Novem-
bee in every fourth year next after the election
Of President and Vice President of the United
States. which was held in the year 1870 and
directed the electors appointed pursuant to the
ac, TO meet at Bristol, in the county of Bristol,
there TO vote for President and Vice Presi-
den, of the United States agreeably to the act
Of Congress.
Thus the law existed until the second ses-
sion of the twen,y-eigh,h Congress, (January
90, ls45) when Congress further executed the
above recited clause of the Constitution "f the
United States, by passing an act. entitled " an
act 10 establish a Uniform time for holding ebc-
tions for electors Of President and Wee Presi-
dent in all the States Of The Union" BY the
term. and effect Of this act, Congress rescinded
the provision allowing the States to designate
any day for the choice Of electors within thir-
ty-four days preceding the first "Wednesday of
December, and enacted" that electors shall
be appointed in each State on the Tuesday
next after the first Monday in the month of
November Of the year in which they are to be
appointed thus naming one specific day
for the choice Of electors IN all the States Of
the Union, which, in the present year, and for
the coming Presidential election will be Tues
day, the seventh day of November proymo
We are not aware, that any suggestion was
made, or acted on, at the recent session Of the
General Assembly, for modifying the act con-
tanned in the digest Of 1874, under which the
electors for this State have been chosen nor
of any State enactments on the subject, since
the passage of the act of Congress of January
ls45. Though the. legislation of Congress, in
carrying out a provision of the Constitution,
would, no doubt, control this matter. and over
ride any conflicting provisions Of the State
laws on the same subject, II is proper, and IN
deed necessary, that our statute relating to II
be made TO conform in every particular TO the
authorized regulations of Congress. Indeed.
as our law now stands it may be doubted
whether the returns Of the votes for electors
can be made to the Governor in compliance
with the act-certainly not with reference to
the number Of days which is allowed for the
making of those returns.
II is fortunate, however, il such be the fact,
tha, the Legislature Of the State will assem-
bic at Bristol in the last week ofOctober next,
for it's regular sem-annual session, and thus
m opportunity be secured for remedying be-
fore the choice of electors, the defects in the
act Of 1874 to which we have briefly refer
red.
The following i, the act Of Congress above
mentioned, passed January 23d, lsi5
An act 10 establish a uniform tUnc for hold
ing elections for electors Of Preldent and p'ce
President m aHthe Sates of The Union.
Sec. l. BE IL endcted by The Scnoie and
House Of Representatives. of the UnHed SAFES i
America IN Congress assembled, that the elec-
tors Of President and Vice President shall be
appointed in each State on the Tuesdly next
after the first Monday in the month Of Noyeln-
Der Of the year IN which they are to be ap-
pointed ProUided, that each State may by
law provide for the filling Of any vacancy or
vacancies which may occur IN It's college Of
electors, when such college meets 10 give lts
electoral vote. And pror,ded also. when any
State shall have held an election tor the pur.