Year: 1877

10 december, lnaInucn as the ursl sts-
SIGN OF every CoIgress commences on
the December bllowing the 4th OF
March on whict its predecessor ex-
pred, but an extra session may be
called to meet st any time after the
Inauguration, by the President of the
| United States, o by the acting Presi-
dent in case the o-icc should be so flied
Now, somebody will be acting Presi
dent on the 9Th of March and there
after, whether al election takes place
before the 4th or not, and the acting
President eau cSll an extra session OF
Congress ii he sees I'll. Concerning
the question as TO who will be the ac
ting President n the event of failure
10 elect, there is a variety of opinions.
Caleb Gushing and Ben Bal!er-two
lawvers-are Of the opinion that
President Grant viii hold over until
his successor is appointed.


Others hold, that in the event Of no
election, the President Of the Senate
will become acting President OF the
United States on the expiration OF
! Grants term. IL has been careleSsiy
stated that the Senate might elect Mr..
| Wheeler Vice President, and that he
would succeed 10 the vacancy in the
Presidential Office, the same as if the
President should die or resign after
bis Inauguration. The error of this
assumption is palpable, however, as
the Senate has TO power TO elect a
| Vice President Of the United States
except III the event of the failure OF
the electoraFcollege 10 elect. 1t may
elect a President Of the Senate, who,
by virtue Of his office, viii become
acting President, as if he were in fact
Vice President, but the President OF
the Senate would only hold the Office
until it could be legally filled, where
as a regularly elected Vice President,
succeeding to vacancy, would bold
it for the unexpired term OF his prede
cessOr.


A question arises here as to the
course for the acting President to pur,
sue in case the electoral college fails
to elect Would he call the new
Congress together and thus devolve
the election upon the two Houses-one
10 elect the President and the other
the Vice President-or would he call
a new election? The law OF 1872
says plainly that he must call new
election huI Mr. Grusvenor, the editor
of the Public, who advances the theory
that the next House may elect, cor
tends that this law is inferior 10 the
constitutional provision, that the elec
ton should devolve upon The House
whenever iaiiure 10 elect is declared
by The electoral college, or rather
whenever the certificates of all tie
colleges shall lave been opened and &
failure to elect is announced as the re-
suit.


Ifno method Of settlement is agreed
upon by the two Houses by which the
electoral vote shall he counted, and
the 4,h Of March should come while
the question is pending, ii ia an open
question If the acting President,
whether Grant, or some person the
Senate may elect as its President,
may not call the new Congress 10
gether and lei the two Houses act, as
The constitution provides, in the event
of failure to elect. There is no
clause III the constitution which pro
hibits the Senate from continuing the
The consideration OF the issues invOlv-
ed IN the returns of the disputed States
whenever ii may meet after the ex
| piration of the Congress of which il is
branch, when the issues are presen
ted ; and if II may continue that con
sIderatiOn ii may arrive at a result,
which result may declare that there
was no election by the college.


We DO not apprehend, however,
that the Senate will pursue a course
which, however well authorized by
the letter of the constitution, is plain
Iy a violation of lis inteut. The House,
upon which the constitution devoIves
the duty Of electing a President when
the people fail TO elect, is the House
in existence at the the time the col
legeS send in their vote 10 be counted.
Should the Senate take advantage of
It's right of debate, and consume time
until the 4th of March, with view
to throw the election into a House in
political harmony with themselves, a
stain would be thrown upon It's char.
acter which no sophi-try could etface.