Year: 1876

the founders OF our governments tHut INC
executive power should be peaceably trans
mitted in the frequent changes OF admins
tration incident to our political system


While intending to establish the RESPONSE
biity of the Chief Magistrate to the people
by short terms and ever-recurring elections
they also sedulously guarded against civil
disturbances arising out of disputed
choice. Recognizing the just supremacy OF
the popular will they still judged it better
that popular hopes should be sometimes
disappointed than that the public tran
quillity should be put in jeopardy by the
uncertain result Of Presidential election


When the majority for one candidate is
large and, therefore, unquestionable, the
system they established gives efficiency to
the popular will. When the majority is
small and doubtful, or when no candidate
happens to receive a majority, they deemed
it of higher consequence to avoid turbulent
controversies than to give the elec-
ton to the candidate having the
highest number of votes Their theory
seemed to be that when a candidate
was strongly desired or was peculiarly OBJ
noxious, the votes of the people would
clearly declare their will and the fact that
a candidate had either doubtful majority
or mono proved that the preference
was not so decided rs to make the
wish of one set of voters paramount to
the peace of the country. The whole body
Of citizens have an interest in peace, and
when onty q minority or doubtful major
ity have an interest in the success of u can
didate the trainers of the constitution wisely
decided that the interest of part should be
subordinated to the interest Of the whole.


Our system accordingly contemplates the
occasional election Of minority President.
Whenever the election goes into the House
Of Representatives the lowest candidate in
o list of three may be constitutionally
elected. Had it happened in the present
contest that Mr.. Hayes had received one
hundred and eighty-four electoral votes, Mr..
Tilden one hundred and eighty-four and
Mr.. Cooper one vote, Mr.. Cooper might
have been elected by the House of Rep
resentatives in perfect conformity to the
constitution. The House is not required to
elect the highest candidate, but one of the
highest three. 1t is at perfect liberty to
elect the lowest of the three and bestow the
Office on the candidate who was the choice
of the smallest number of citizens The
majority principle prevails in our system
when the majority is clear and indis-
putable; but rather than have the country
plunged into the horrors of civil strife the
fro IF <ba CT o1< hott
to have President for whom but q small
fraction of the people voted. John Quincy
Adams had less than thirty per cent of the
popular vote and only about thirty-two per
cent of the electoral votes, and yet he was
constitutional President. 1t was easier
to have it SO than to 60 through
the turmoil of new election, when there
was SO little concentration of popular senti-
ment. It was infinitely wiser to have it SO
than to imperil great interests by a resort to
violence. Whenever it SO happens that
there is not strong preponderance in favor
of one candidate or ono party our po-
litical controversies are adjourned to
the next Presidential election, when popular
sentiment may declare itself with more en-
phasis. This, then, is the tendency of our
political system to make the majority om-
nipotent when the fact Of majority is not
open to dispute, but to bridge over con-
troversies and submit temporarily to
minority rule when the public will is
not Enthusiastically declared or not clearly
ascertained. This is the spirit of
our system. It recognizes the rights of
majorities, but guards against civil commo-
tions. When public sentiment is tolerably
united it is sure to prevail, but when it is
divided it is better to give it time to mature
and consolidate, even if the Presidency is
given meanwhile to the man who has
the smallest number of votes. In 1924
minority candidate became Presi-
dent; but four years later there
was such o concentration in favor
of General Jackson, who was defeated in
1924, although he had the highest number
of electoral votes, that in 1923 he had ma
jority of nearly five to one in tho Electoral
Colleges. How much better it was to await
this action of the people than it would have
been to disturb the peace of the country in
behalf of defeated candidate!


II, as seems not unlikely. Mr. Hayes
should be inaugurated as the next President
the democrats will quietly submit, as they
did to the election Of John Quincy Adams
and make successful appeal to the people
as they did then. They are too patriotic to
put all business interests in jeopardy
by revolutionary resistance They are
too sensible to turn public opinion
against them by disturbing the value Of
property and keeping the country in tur-
moil when they may SO safely trust to the
future verdict of the people. If they have
not strong case they will be crushed be-
meath the weight of public odium if they
trihe with great public interests in vain