, 1876-12-01
MODE OF ELEcT1No PRESIDENT.

MODE OF ELECTING PRESIDENT.
The extraordinary condition Of uucertnin-
ty in tho result Of tho Presidential elec-
tion. involving at loast n threat Of natioual
strife, aud certnin1y Offering inducements for
fatso and fraudulent counting OF votes. hns
naturally directed popular intention to the
adYisabllity and tho necessity Of 80 reforsn-
ing the present system MS to prevent tho
recurrence Of such MI alarming ssnte Of
things. Take tho two theories which are
now opposed to ono another for tho solu-
tion Of tho national difficulty. On tho ono
hand it is urged TINT the result in each
State il flnnlly determined by the returns
made by tho officers appointed for that pur-
pose by each statc, and that when these
returns nro mn!lo tho certificates are to be
opened by tho President Of the Senate, in
the presence Of tho two Houses Of Congress,
the yotos counted aud the result declared.
This is tho formula Of proceedings in the
words Of the Constitution itself. On tho
other l,and it is held TINT, upon the objec-
ton Of the majority Of eithor House, the vote
Of my State 6hall bo excluded from tho
count. For this there Is no lottor Of the
Constitution; all that it is basod upon is
joint rale Of Congress, having the force Of
Inv for the time, adopted in 1868, md con-
tsnuing until 1878, md which has not
been re-enactel. In tint case, ovon, the
authority of one House to object was derived
from rule which Ind been adopted by both
Houses. It recognized 10 Inherent power in
oithor House but each House derived tho
power to object from the authority Of both
Houses expressed i'll tue form of law Or r,,le.
No such rule or law LOW exists. It is further
urged tliat Congress-, sitting as joint body
al,.i not rs separate Houses, has, In n mass
agsosnblago, tho power, by n majority vote,
to determine all questions pertaining to tho
election.
Whichever way the g,,biect is looked at,
tl.ore Is difficulty, s.nd this difficulty arises
from tho omission in Tho Constitution Of any
definite rulo oil the subject. It will be seen,
however, tint the ,noniont there is any de-
partnro from tho strict LITTER OF the Consti-
tuition tlore IL no limit to tho action of the
two Houses Of Congress, acting jointly or
separately md, whon tho two Houses fail to
unite, then tho confusion becomes inteusi-
fed. It was clearly never the intention of
tho Constitution to give Congress any power
over tho election Of President ind Vico- -Pros-
idcnt, except in tho case OF tl,e failure of tho
people 10 elect, aB occurred in 1901 anlagain
In 1895. Tho argument Is that, to give tho
President OF the Senate the exclusive power
Of counting the votes mud Of determining tho
result, would be open to ahuso, as
}bot o{Itonr .,tr},t 1,tt,,pa1f Ia =, n,.,
didato. This did not alarm tho fra1n.
ers Of tho Constitution, because at the
second election JOIN ADAMS counted tha
yotes and declared himself elected Vico-Pres-
ident, md four years Inter counted the votes
and dec]aretl himself elected President. 1T
tho fourth election JERpEnsoN counted tho
yotcH mud declared there waH no election,
Later in history Oa1nous counted tho votes
and declared liln.aef elected Vice-Prcsilent; !;
aud In 1887 VAN lsuuES was Vice.preaittent
! when tho vote was counted aud ho declaretl
elected President. In 1861 DnEoK1SR1poE
counted tho vote md declared LINCOLN elect
I'd aud himself defeated. No abuso or sus-
picion Of abuse Inns ever existed Oh this
point.
Tho Hon. @. Il. HucKAl.1w, of Ponnsyl-
vaniu, who Inns devoted lauch Of Ills life to
tho reformation OF elections anl of ropra-
suutation, has published suggestion OF a
reform In tho mode Of clcctiuy Presidents,
which would haye tho elfoct, if adopted, OF
making tho choice moro clearly tlat OF tue
| popular voto tlan now, alll have tic effect
Of aholishing many present forms Which art
open to abuse by fraud. His rlRn ia Ia