Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1881-01-31
Adnraster f1ltel!:senrer.
MONDAY EVENING. JAN. 81. 1881.
Electoral Defects.

Electoral Defects.
The subject of greatest importance
to the American people, which receives
the least attention in the quarters where
such attention should be had, is the
rickety condition of our present Hyde
fined plan of electing president and vice
president. The perils Of 1876 and the
unhappy and fraudulent deliverance
from them attracted attention to this
system, which it was supposed would re-
suit in some improvement, but so much
OF the succeeding time of our legislators
was devoted to president-making that
the defects in our electoral system were
neglected, and by some happy-go-luck
the dangers attending the recent struggle
were averted. They are none the less
liable to occur again. 1t is fervently to
be hoped that with the two houses OF
Congress divided between the parties,
during the next two years, some of the
improvements that are so urgently
needed will be effected.
An intelligent correspondent of the
New York San calls attention to an
omission in the present electoral provi-
sions, which has often occurred to us
and for which there seems to he no direc-
ton in the existing law. 1t would arise
in the event Of the death or refusal to
accept the office of the president-elect
be; ween the time of his choice by the
electoral colleges and tine succeeding
Fourth of March. Who would then be
president ! . None resign,' but it might
happen that president-elect would die.
What then The constitution appoints
the successor to a president deceased, ,
but not to the president-elect deceased.
If any provision wore made for the re-
convening Of the electoral colleges, man
irestly their recall and the committal
to them of the new choice would
bo the right OF tie case, how
ever embarrassing the new duty thus
Imposed upon them would be. No such
provision exists, however, and the unset
tied question is who would he the legal
successor to the president-elect. SuppoS-
this interim the Sun correspondent
narrows the question down to Arthur
and Hancock, and concludes that posi-
bly, the court . might hold that for the
purposes of taking the presidential Office
by devolution, a vice epresident-elect is a
vice president from the moment he has
been designated. in accordance with the
twelfth amendment, us the future occu-
pant of the Office This may be as good
a guess as any, and yet it is only 4 guess
and the question remains an open one. So
does the OtherquestiOn as to who would
become president in the event that the
choice Of Il majority of the electors
would die subsequent to the meeting ana
voting of the presidential electors in De-
cember, but prior to the opening of the
certificates by the president of the Sen
ate in the presence of both houses of
Congress. Then the duty of de-
claring the president elect would
devolve upon Congress. They could not
declare that man was elected who
was known TO he dead, albeit a majority
of the votes We're recorded for him, moi
that anybody else was elected, who had
not received i majority. Most likely in
such an event no choice" would lie
announced and the election would go to
the House.
A case analogous to the latter is within
the range of possibility. Arthur is claimed
to he foreign-born. 1t may lie a canard
it may be true. Suppose it is. Congress
cannot declare a foreigner elected vice
president. Mr.. English will not appear
to have had a majority of the electoral
votes. Hence there will have been nc
election.
These and many more serious suppos-
able cases illustrate that the present law
is silent or ambiguous on points where
the present political temper of the coun'
try cannot be safely trusted to cOnstrue
silence and ambiguity. The electoral
system will he good subject of thought
full non-partisan craftsmanship during
the next two years. Beyond that time
it will not do to defer it, for it cannot
thereafter I've ASSOCIATED from the issues
involved in the coming presidential
struggle