The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-10
senator Eslmunds' Bill Relating q
Presidential Elections.

| ne uellStrtu coBeut speech yesterday,
was introduced in May last. and had then
| two readings by unanimous consent. 1t IS
not an adequate measure, for a really ade-
quate measure would require an amend
ment of the constitution, OF which there is
no reasonable ground of hope previous TO
the next Presidential election. Had Sena-
| tor Morton lived his influence and energy
might have succeeded in carrying con-
stitutional amendment through Congress,
| if not in getting it ratified by the
States. He was deeply impressed with the
danger of leaving things as they are and
with the great absurdity and injustice Of
our present method Of electing the two
highest officers of the Republic. He had
bestowed on the subject more attention and
study than any other statesman, and an
amendment drafted by him in spirit OF
party fairness and pushed by his great pro-
pelling power would have had a chance OF
success. But Senator Morton left behind
| him no statesman in either house who
| inherited his Jealous interest in tlAs
reform Even if he had lived to drive
it forward himself it should have
passed both houses at the last session
in order to be ratified in season for the
next Presidential election. An amendment
Of the constitution being impracticable
nothing remains but to pass law framed
with the purpose of forestalling such dead
lock as was threatened in the winter of
1867. The bill prepared by Senator Ed
munds is probably as unobjectionable as
any that could be framed on the subject.
The most cavilling opponent cannot say
Of Mr.. Edmunds' bill that it has been
drafted in the interest of the republican
party. If it becomes a law its opera
ton in the next Presidential cleo
ton will be in favor of the demo-
cratic candidates. There is no real
danger Of a deadlock except when
the Senate is controlled by one political
party and the House by the other, as hap
pened to be the case in the last election.
The Congress which will count the cleo
toral votes in 18S0-81 will be democratic in
both branches Should the bill Of Mr.. Ed
munds become law it will be in the power
of the democrats to decide every disputed
case in their own favor. BY this bill it is
provided that in certain contingencies the
electoral votes of State cannot be rejected
without the concurrence Of both houses,
and that in certain other contingent
cies they cannot be counted without
such concurrence. But as the demo-
Gratis will have q majority of both
houses at the time of the next count
this bill gives them the advantage in both
contingencies. It cannot, therefore, be re-
jected on partisan grounds unless the re-
publicans should refuse to support it. The
bill of Mr.. Edmunds is as impartial, and
probably as efficient, as any that could be
framed in conformity with the federal con-
stitution.
It's main object is to settle disputed cleo
toral questions in the States where they
arise without bringing them to the adjudi-
cation of Congress 1t would give to each
State an opportunity to prevent its citi-
zens from being misrepresented by its
electoral college. If dispute should
arise in any State as to the legal choice
| Of its Presidential electors tribunal pro-
vided by the State itself, through its Legis-
ton. 1t required no ordinary skill and
| acumen to frame bill which would accom-
plish this without coming in conflict with
the constitution. As the law now stands
there is no intermediate step or proceeding
between the appointment of electors and
their meeting to cast their votes. The bill
under consideration provides for interme-
date proceedings and extends the interval
in order that the investigation may
be thorough and the judgment Of the
State tribunals deliberate. The appoint
ment of electors is to take place
month earlier than at present, and the
electors are to meet and cast their votes
more than month later than at present,
making an addition of two full months to
the time which intervenes between the vot-
ing By the people and the voting by the
Presidential electors. The electors are to
be appointed on the first Tuesday in Oc-
tober, and they are not to meet and vote
until the second Monday in January, al
lowing a period Of three months for the
State canvass and judicial determination
Of disputed elections by State tribunal.
The bill provides that every such determine
ton shall be final, and be conclusive evil
dence Of the lawful title Of the electors.
The bill has q weak point, but one which
is unavoidable without an amendment Of
the constitution. 1t permits but does not
command the creation OF such tribunals.
Any State may neglect or decline to pro-
vide one, and in every case of omission it
will still be necessary for Congress = pass
upon the title Of the electors from that
State. The constitution gives the several
State Legislatures unlimited power to
prescribe how their Presidential electors
shall be appointed. and this power
cannot be abridged by an act Of
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