The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-07-20
"The Electoral College,"
From The ". y. World.

III OlutI ItSpCOlN) ihbtllbtnJ ptODlbs l'6
Times of Friday, for example, had an article
on "The South in the Electoral College,"
the aggregate of the Presidential
Electors. But the Presidential Electors never
assemble as one body, and are in no proper
sense q college either in law or in fact. The
word college does not occur in the Constitu-
ton, nor Eve believe) does any law of the
United States use the phrase Electoral Col
lege until 1S45. In the act passed that year
the expression is borrowed from the State
statutes, and employed in the sense it had
long borne in them, being used to designate
the collective body of the Presidential Electors
of each separate State when assembled for the
discharge of their duty. When the whole
number of Electors is meant the proper
designation is not Gin the singular) the Elec-
toral College, but (in the pluraD the Elec-
toral Colleges.
The acts of 1916 provides 'that each State
may by law provide for the filling of any va
cancy or vacancies in its College of Electors,
when such College meets to give its electoral
votes''-from which it is apparent that there
are as many Electoral Colleges as there are
States; but there is no legal authority for call
ing all the Presidential Electors of the United
States a College. AS we have said, the word
college as applied to the Presidential electors
originated in he statutes ofthe several States.
AS early as 1896 the Legislature of Massaehu-
setts passed a law authorizing its electoral
College" to fill vacancies in their own number,
the Governor signing the bill, and the next
day going to the Secretary's office and erasing
his name. The laws of New York provide
that those of the Electors whe shall be present
at four o'clock in the afternoon of the day
fixed for their meeting, "shall Immediately
after that hour proceed to fill by ballot all
vacancies in the Electoral College, and that the
Electoral College being thus completed, they
shall then choose President and Secretary
from their own body" The law of Pennsyl-
vania has similar provision for filling va
cancies, adding that the names of the per-
sons so chosen (to fill vacancies) "shall be
Immediately transmitted by the presiding
officer OF the College to the Governor" and
further on the same law provides that 'the
contingent expenses of the Electoral College
shall be paid by the State Treasurer upon
warrants drawn by the presiding officer of the
College," These quotations suffice to exem-
pity the appropriate use of the word, and to
show that the proper designation for all the
Presidential Electors is the electoral Col
leges"-there being an Electoral College in
each State, but no general College including
them all.
We would not have tax an up so much space
with what may seem mere verbal criticism,
If the topic were not important in another
view. There being no general electoral col
lege, that is to say, no assembling of all the
Presidential Electors as an organized body,
there exists, under the Constitution, no regu-
lar means of deciding such debatable ques-
tions as may arise respecting the competency
of electors from particular States matter
which has been of no practical interest
heretofore, but which bids fair to be of the
deepest consequence in the Presidential
election now approaching. Judge Story said,
many years ago, in his Commentaries on
the Constitution" that Gin the original
plan, as we'll as in the amendment, no pro-
vision is made for the discussion or decision OF
any questions which may arise as to the regu-
larity and authenticity of the returns of the
returns Of the electoral votes, or the manner
or circumstances in which they ought to be
counted. 1t seems to have been taken for
granted that no question could ever arise on
the subject and that nothing more was neces-
sary than to open the certificates which were
produced, in the presence Of both Houses, and
to count the names and numbers as returned.
And yet it is easily to be conceived, that very
delicate and interesting inquiries may occur,
fit to be debated and decided upon by some
deliberative body. In fact, question did
occur in the counting of the votes for the Pre-
sidency in 1921, upon the reelection of Mr.
Monroe, whether the votes of the State O.
Missouri could be- counted but as the count
would make no difference in the choice, and
the declaration was made of his reelection,
the Senate immediately withdrew, and the
jurisdiction as WEI as the course OF proceeding
in a case of real controversy was left in mos
embarrassing situation" ........ ...
1t is clear from this passage that Judge
Story was OF opinion that the Constitution has
conferred no authority upon Congress to de
eide questions of this kind. Certain it is tina
no such authority is anywhere in express
terms given, and Congress has yet to produc
its warrant for its recent intermeddling will
the subject. The Constitution confers upol
each House power to Judge of the elections
returns, and qualifications of its own mem
| bers," but nowhere is il said that Congress
may judge of the elections, returns, and quail
! ficatiOns of the Presidential electors. Ii tn
action of Congress on this subject were in aC
! cordance with fairness and justice, instead {
| being dictated by views OF party advantage,
! might pass without serious question; but il
| authority to NEEDLE with the subject will nc
| go Unchallenged when a barefaced attempt
made to detraud States Of this Union OF thel
| right to participate in the Presidential election
1t is proper that the usuIping demagogue
in the Federal Capitol should be warned i
time against proceeding to such extremitie
that forbearance would cease to be a virtue
The actual majority of the citizens of tn
United States must have a fair opportunity t
decide who shall govern the country. Ii th
will of the majority is defeated by politics
kpavery, they will have power (being a m;
iOTity) TO redress the wrong; and Congress
mistakes the temper of American freemen
it supposes that they will not have also tn
,OW II we are fairly beaten after an homes
election, we understand and shall practise th
proper virtue of minOrty-submission, BC
we shall not tamely submit to be cheated
the Republican party administer the Govern
ment for the next four years, it must be
ViTtuA n an actua1 maturity not 6ptitiOr