The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-03-15

Republican, decided In favor OF the con-
stitutionality OF the Michigan statute
There IL, In truth, no doubt that the states
may. determine the method of choosinG
Presidential Electors. The Legislature may
itself choose the Electors, or authorize the
Governor to appoint them or cause them
TO be selected by districts or by limited
suffrage. The States may also determine
the qualifications OF the Presidential Eiec-
tors. except that they must conform 10
the requirement named In the federai
Constitution that the Electors shall noio
no Office OF profit or trust under the United
States. The objection TO the district plan
OF choosing the Electors Ia that 1t wouio
probably be accompanied. as 1t was ID
Michigan. by a reapportionment act. or
gerrymander In 1874 no fewer than eleven
OF the twenty-four States chose Pree'-
Dental Electors by districts BY 1882 how
ever all Of the States except South Caro-.
lima and Maryland had adopted the method
Of electing by popular vote on a general
ticket In South Carolina the Legislature
continued to name the Presidential Electors
up to the outbreak OF the Civil War.
A second substitute for the existing
system would be the allotment OF electoral
votes In each State 70 the candidates In
proportion to the popular vote received oy
each--the proportion to be determined by
q returning board. Each candidate voted
for would be entitled to have counted In his
favor a number OF electoral votes corre-
spending to the number Of popular votes
received by him. This plan would not i'm
pair the rights and powers now possessed
by the States in the election Of q Prcsi-
dent; nor would II involve election by
majority or plurality OF all the popular
vote cast in the United Statos 1t would
not disturb the compromises Of the Con-
stitution by swapping the small States,
and reducing them to insignifcance. Tor
to each State would still be awarded at
least three electoral votes, two for Its Sena-
tors, and one for each Of its Representatives,
regardless OF it's number OF Inhabitants.
Still a third proposal Is that Presidential
electors shall be entirely abandoned. and
that the President shall be chosen by
popular vote. Then. IL the Mckinley
majorities in the States carried by the
Republicans In 1890 had 70 oted up more
than the Bryan majorities in the States
that were carried by tho Democratic, Mr..
Mckinley would have been declared elected.
For electoral purpose under this plan
the relation Of the States TO the Federal
Government would be the same a. that
OF the counties now Ia to . State. Any
vote cast anywhere would have the same
value a. any other In determining the result.
This scheme would involve an abandon
mont OF an election by States, and. for the
purpose OF Presidential election, would
consider the country az . consolidated
nation, to be governed by q numerical
majority. The existing system, whereby
a State may throw it's whole weight into
one side OF the scale. magnihes the impor-
lance OF the State az such 1t In In harmony
with the original Federal idea OF the Con-
stitution, that the States should be the
agencies In the election Of the President,
though on a proportional basis, except as
regards the two Presidential electors oor-
responding to the two Senators. Expert
enoe has shown that the present system
has the effect Of concentrating the struggle
In the large doubtful States, because the
party carrying these will carry the election,
while In the States safely assured to one
party or the other the campaingn In list
less, and without educational value. Prof.
woodburn thinks that III the evils Of
partisan gerrymander could be obviated.
the district plan OF eieoting q President
would seem preferable 10 tho existing
method II would be A. just. It would be
moro democratic, and the change would
probably be more feasible than that to direct
election by the people
w.
In the authors third chapter will be
found an interesting review Of the different
positions taken by Congress with reference
10 the Presidents right OF removal. Ham
ilton, In his defence OF the Constitution,
had held that the consent OF the Senate
would be necessary TO displace a. well a.
20 appoint. Il was upon this check that
he relied to prevent a sweeping revolution
in the Federal ofices upon a change OF
administration. Madison, Hsmikon's CO.
laborer in the Federdlisf. took q different
view He insisted that the power Of re-
movai should rest solely with tho President.
for bsing personally charged with the
faithful execution Of the laws. he should
not lie surrounded by subordinates that
might thwart him In his work. Congress
In 1850. by the casting vote Of the Vice
President ia the Senate. adopted Madisons
view, and recognized the power Of removal
AZ resting with the President alone. This
INTERPRETATION Of the Constitution was
unauestioned for . period 81 forty years.
until Jackson's abuse 81 the removal power
arrayed Webster and Calhoun against him
Their opposition proved unsvailinS. how
ever. and Congress did no, stlsmp, 10
Interfere until. In 1891 II pss-sd the Tsnur
Of Osios got for the ayowed purpose VI pre-
venting removals from ofhoe by President
johnson. !, IN nov generally held that the
T.Dur. ~ Onhos sa vas uRoonsi utioasi,
and would have been 30 pronounced by
tho courts n II Gould have bssn tested
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