The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-04-10
THE ELECTION OF PRESIDENT
sHiIL THE VOTES or THE PEOPLE BE
HANDED OYER TO JUGGLERS?


The Peril TINT Lies in the Means by which
Have. was Frnuduicntty Instaiied-The |
Last Of Mr.. George Ticknor Curtis's Lee
lures on American Constitutional History.
kthoughtful. attentive, and apprcciative
audience listened in Association H0ll last even
ing 10 the final lecture in the course by George
Ticknor Curtis on American Constitutional
History" There was marked applause when
the lecturer spoke of the dangers Of rcsorting
10 any other than the constitutional means Of
deciding who is elected President.
Having described the structure OF the
Legislative department. and shown how II
unites the Federal and the national principles
it came next in order to describe the formation
of that great Office. the Presidency OF the United
States. Recent political events imposed upon
him the duty Of being very exact in treating OF
this subject He should not discuss the conduct
Of individuals or parties in the late transaction
by which II was determined ut Washington
which OF two persons was TO be President. But
his hearers would expect him TO be- loyal to
sound political truth. to give them an accurate
account Of the formation Of this part OF our
Government and to make the Just deductions
which il teaches. The lecturer then tr"ced inc
development Of the Executive onice. from It's
first eoncontion I'm the minds Of the trainers OF
tho Constitution To the full proportions In which
VIZ know H. The first idea ol II assumed that
tho President would be merely tho executive
agent Of the legislative will. Hence. in the ear
lest stage Of the formative process. the election
OF the President by the people WAS not thought
Of but his election was proposed to DO vested in
the national Legislature. But when the evils OF
such an appointment began TO he more clearly
seen the alternative methods were found to be
either q choice Of the Chief Magistrate by
the direct vote Of the whole people. or the
interpostion Of n body OF electors. 10 be the
agents and trustees Of the people in enectng
the choice. large majority of the States in
convention negatiyed choice OF the President
by a direct popular vote, because there were
not, and could not well be. any federal, qualin-
cation NJ voters and because "A direct choice 10y
the people of the States would make a CONSOLE
dated democracy. composed only Of their free
inhabitants and voters. according to the state
laws OF suffrage. which were quite various.
When the relations between the President and
the Senate in the matter Of treaties. in appoint
ments to office. and his veto power IN the on
actmcnt ~ laws came to be considered, and II
was seen that he must be made entirely indie
pendent of the Legislature II became apparent
not only that he ought not to owe his appoint
mont at least in ths primary Proess OF NJ elec,
ought 10 be- made the representative of the ma
ton. The plan Of electors was devised for this
signed number II electors equal TO the whole
number OF their senators and Representatives.
One purpose Of this plan was 10 get us near ms
possible 70 the people. whom no one could cor
rupt. and 10 give TO the people OF each state
great n relative weight IN tnt election
Of the President M. their numbers en-
titled them respectively TO have. Another
purpose was TO have the people OF each state
their electors were TO be appointed by their own
votes. or by the votes Of their legislature In
either mode, the electors would be chosen in
acorlance with the political sentiments and
wishes Of the people Of the state. There meyer
were any but these two modes 81 L., ''nfing
tie electors in contemplation. and it great
mistake To suppose that because the Consttu-
lion has authorized the State Legislature To de-
g. be chosen. IT has empowered them to draw
To- themselves an absolute control over the APP
Ioinlment II il an equally great error 70 sup
pose that State Legislature can provide for u
popular choice Of the clrtor-. and also author
III "A packed committee of State returning OIL
cor- To exercise an ougarch cal jurisdiction over
The popular votes, hy throwing ut votes actually
given and duly returned according To law. Mr..
curtis strongly c0ndeWhri az ,sueH laws
whom applied 20 the choice OF Pres dental
electors. M entirely beyond the constitu-
tlonal province of the state Legislatures.
He then took up the recent theory that the ap-
polntmcnt Of the electors # an at Of the state
sovereignty. and that whenever tn. state Gov
eminent. speaking through its ON 'ial repre-
sentative asserts that certain men werr chosen
electors that assertion IL conclusive. even II II
j. known and can be proved 10 b" entirely false.
lie denied that voting in the Electoral College
IL an act Of the state Sovereignty at all. II il an
act Of the people of the State in their ind vidual
characters. rs n part OF the people Of the United
States. through their agents and trustees. thu
electors In tho primary choice Of tho Presi-
dent the Constitution takes notice OF the sepa-
rlte States only for the purpose of having a
convenient nm Just rule for reaching the Will OF
n minority OF the whole people. in order that tho
President NAV be- the REPRESENTATIVES I'm the eX.
eeutive office. Of that majority 81 the nation
The Presidents in no sense representative OF
the State soyereignties. Nj. Lincoln dld moi
States undertook 70 s,'ede from the Union. II,
had been chosen President 10y majority Of all
the whole people tof the United States and he
continued to be the representative Of that
gHar,er of tho uniyers" some Of tho STATE SOW
eregntles had strayed away. whenever i II
hrcessary 70 assert tne VIII OF tne people 10y
Constitution means that that Will shall operat,
IN whatever is involved ia the duties and pow
cf- Of ia" Executive oflce. An elaborate exam.
nation WIS here made Of the Presidents pow
er- and duties under the Constitution. every
one Of which. il was shown. made MIN. not tn,
r'pr-sentatV' Of States, not the official guardian
O. the stat" sovereignteS. but the guardian aud
Il entity. and the will Of the nation. In all free
and republican governments. the majority Il
assumed 10 express the will OF the wEo.e; and
itsyer may he the arguments for minority
representation, when many public OIL FRS o
u" same class are 10 be chosen, the majority
I'm pie h. the only one that ought ever To b,
applied 10 tho appointment Of single supreme
y 'rtary on the Electoral system in the sixty.
.n'h number Of ~, Ftderahst (Dawson''
:. g. Dob which. he said, proved that neither
J ."..f.n. nor any other Of the trainers, OF IN,
nsutit on. 50 distrusted the people that
.v.re anxious 10 rem9ive the ehHlre u
Iurn"'. III" whole substance Of Hamilton
.tr noe Wi- that the r-tiuu would be- the a.
g. trp. pic If America; that the sense Of tl'
'plr would - rate, through the ele tors. II
tNf ir- guuiiuu ui tue man Ia whom thir lnlnr
ul trust y M Pres y WAS TO hr conll'ied
W ,sh'ugion's FIRST and second election WAS
n sn lil'nnt Illustration Of the soundneSS %
LIAM ion's exposition Every electoral vote il
u Onion WI, cast lor him in obed encc 10 TN
VIII nl w." u.u llr, IAvrr was no party demand
ur party in,trn ton. The people d'mandrd tn
e. won 1i W -hlnston, and tie electors obcye'
thn leopl"'- will
Coens thru. 70 the extreme opinions lat"l,
advanced. tle 4" .tur"r bestowed but "A few word
q We doorlne that il is for the Pr~si lent oil tn
h.t" - perform tue whole duty Of opcnlnl
u" electoral certificates. counting the votes
h"l dronrus tn" result THIS had been r.
''l hl M" Z neral ms" of the nation; ana
Wt+ iottlnAl" that tine nation had 50 FAR inter
P@rl u IS not known perhaps Il never vii
~ hr"I-ry how nnlr We At'ly came to some
th.nf llN" a c1rp dsidt. There Il, however
nv reason 20 b",inYe that the army was hrl'
~ al .~- tp ru,Orfn the result If the Prcsl
b'n' ~ g." 5 mate had taken it upon him, by hi
S"I" authority. a. declare that result II TIN
u u tHll, nrd " should not now bc living un
q r tlr Constitution Of tn United States II
HNNIius hut the name. The other. eXtreln
Oi.hi o.. Whl'h has b"sn acted on, II this. TIA