The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1876-12-07
ELECTING A PRESIDENT
The Law on the Subject as Laid Down by
Chancellor Kent.
From Kents Commentaries, Lecture XIII
commencing on page 29}.

mentous questions that occupied the.
deliberations of the Assembly which
framed the Constitution; and il ever
the tranquility of this Nation is to be
disturbed, and its liberties endangered,
by struggle for power, it will be upon
| this very subject OF the choice OF a.
President. This is the question that is
eventually to test the goodness, ana try
the strength of the Constitution; and II
we shall be able, for hall century here
after, to continue to elect the Chlet Mag
istrate of the Union with discretion,
moderation and integrity, we shall un-
doubtedly stamp the highest value on
our National character, and recommend
4 our republican institutions, II not 10
| the i'm ,tatiOn, yet certainly TO the
esteem and admiration OF the more en-
llightened part OF mankind. The eXpe-
| rience of ancient and modern Europe
| has been unfavorable to the pracGlca-
i bllity OF fair and peaceable popular
i election OF the Executive head oil
great Nation. 1t has been found impos-
| sible to guard the election from the mis-
chiefs of foreign intrigue and domestic
| turbulence, from violence or corruption;
and mankind have generally taken
i refuge from the evils of popular cleo
tions in hereditary Executives, as being
4 the least evil Of the two. The most re-
cent and remarkable change OF this klnd
occurred in France in 1874, when the
legislative body changed their elective
into an hereditary monarchy, on the
ayoWed ground that the competition oil
popular elections led to corruption and
=, Violence. And it is II curious fact that
in European history, that on the hrst
partition of Poland, in 1913, when the
: partitioning powers thought it eXpe-
pedient TO foster and confirm all the de-
Iects of its wretched government, they
sagacIuusly demanded OF the Polish
; Diet that the Crown should continue
, elective. This was done for the very
purpose Of keeping the door open Tor
foreign intrigue and influence. MT.
: Paley condemns all elective monarchies,
> ana he thinks nothing is gained by a
popular choice, worth the uissenslons,
tumults and interruptions OF regular
n Industry, with which it is lnSeparaDly
attended. / am not called upon 10 ques-
: ton the wisdom or policy OF preterring
n hereditary to elective monarchies
II among the great Nations OF Europe
: where different orders and ranks OF So
~ ciety are established, and large masses
e of property accumulated in the hands
h of single individuals, and where lEhor'
g ance and poverty are widely dihuseI,
. and standing armies are necessary 10
u preserve the stability OF the Govern
l ment. The state OF society and Of prop
e erUy in this country, and our moral ahC
= political habits, have enabled us tC
adopt the republican principle, and tt
e maintain it hitherto with lllustrlous
: | success. 1t remains to be seen whether
| lhe checks which the Constitution has
provided against the dangerous propen-
n stiles OF our system Will ultimately
prove eirectual. The election OF Su
preme Executive Mag strate Tor whOle
r Mao affects so many interests, ad.
e dresses itself SO strongly to populal
- passions, and holds out such powerful
~ temptations to ambition, tnat it neces
>. sarIly becomes a strong trial to pubic
j. virtue, and even hazardous to the public
n tranquility. The Constitution, from Al
enlightened view OF all the difficulties
j. that attend the SUBJECT, has not thought
d it safe or prudent To refer the election
= of a President directly and Immediately
to the people; but il has cOnhded the
- power to u small body of Electors, ap
II pointed in each State, under the dlrec
II ton of the Legislature; and to close lh
r opportunity as much as possible agalns
( negotiation, intrigue and corruption, /
- has declared tnat Congress may deter
Il mine the time OF choosing the Electors
and the day on which they shall vote
and that the day of election shall be tn
II same in every state. THIS security Aa
IN been still further extended by the act 0
Congress directing the Electors TO b.
Al appointed i'll each State WItuln thirty
re four days of the day OF election.
"a 'slhe Constitution directs that tn
"a number OF Electors in eacn State shal
~ be equal TO the whole number OF Senator
le and Representatives wnlcn the State
ne entitled to send to Congress; and, az
tp ha nnnnTt AL nE (,DI
gress in 1882, the President was to b
H. elected by Il majority of 294 Electors
e. and in 1914 the number of Electors wa
yr reduced 10 275. And 10 prevent The pc
:. son in Office, aJ the llme OF election, tfol
~ having any improper influence on his II
Sc electiUn, Uy his ordinary agency Ill I'd
Ell Government, 1t Is provided thaG
Il member OF Congress, nor any perso
- holding an office of trust or profit undo
ig the, United STATES, shall be an Electoi
e. and the Constitution has in no other II
70 spects defined the qualifications of lh
Electors. These Electors meet i'll the
~ respective States. at place appolnLe
J. by The Legislature thereof, on the hrs
w Wednesday in December in every tourL
=, year succeeding the last election, an
Ii vote by ballot for President and VIC
a President (Eor this officer is elected
MS the same manner and for the same p,
L
at beast, shall not be an iunabiJant
lc the same State with the Electors. The
err name in their ballots the person vote
In Ilor as President, ana in distinct bailo
80 the person voted for as Vice Preslden
70 and they make distinct lists VI all PEI
le sons voted for as President, and OF a
S persons voted for AS Vice PreGldent, ali
IN of the number of votes Tor each, whic
;" :, lists they sign, and certify, anu tran
l. nit, sealed, to the seat OF the Govern
Nv ment OF The United States, directed
nt the President OF the Senate. The act
Congress .Of 1st of March, 1892, Sec.
OF directs that the certificate OF the vote
ly snail be delivered to the President of IL
ic Senate before the first Wednesday
- January next ensuing the election III
- President OF the Senate on the secon
IS ednesday iu February sacceedlr
every meeting of the Electors, in Il
e4 presence Of both Houses of Congress
opens all the certificates, and the vote
RS are then to be counted. The Constit
ch lion does not expire ssly declare 6y toho
u. the votes are to be counted and The /
suit declared. III the case OF questlo
VI able votes, and a closely contested ele
"a ton, this power may be all-importan
,.f H..