Year: 1875

carries the whole electoral vote Aof that
state, as In the case of New York in
1874, hereinbefore mentioned, and that,
| this occurring in, say one-ffth Of the
states, will elect Notwithstanding there
may be in the other states a large popu-
lar majority given fer the unsuccessful
candidate. If, under the amendment
proposed, the person having the highest
| number of votes in each of said districts
| is entitled to the vote of the district,
| counting one presidential vote for the
person obtaining a majority in the par
| ticular district, no such result as that of
| defeating the popular will can occur.
Under the amendment the person re-
ceiylng the highest number Of votes in
state, it is true, would receive, or be en-
| titled to, two presidential votes for the
state at large; and this is proposed as
| jurt concession to the autonmy of the
| states as such, which has found its sane
tion In the almost universal recognition
| by the people, ever since the formation
of the government, of the wisdom of the
, trainers Of our constitution, in providing
| that the senate shall be composed of two
senators from each of the states of the
union. 1t is also true that under the
proposed amendment, that if two per-
sons have the same number of votes in
any state, it being the highest number,


they shall each receive one presidential
vote from the state at large, and that if
moro than two persons shall have each
the same number of votes in any state,
it being the highest number, no presi-
Dental vote shall be counted. And
there can possibly be no valid objection
to either of these provisions for, if the


vote il any state between two candidates
receiving the highest number of votes
in that state is divided between them, no


principle of fairness and none Of the
rights of the state are violated by giving


the state, so to speak, the benefit of two


votes In the count, OF one vote each OF


the two candidates; and if more than


two candidates each have the same num-


Der of votes in a state, being the highest


number of votes, it would be simply
impossible to divide the two presiden-


tial votes for the state at large between


three candidates without giving to each


candidate a fraction Of vote. But,


Notwithstanding these provisions are
| made in the amendments for securing to


each state, or to the candidates having
the hio hest number of votes in the state,
! two votes iCr the state at large, yet the
important feature or element in the plan


proposed is, that under it there is to be
vote of the people by district, which
will tel,1 20 prevent defeat Of the will
Of the people, and will have a powerful


tendency to prevent frauds in the cleo


ton. The risk and expense will not be
incurred to carry the vote of single
district that would be incurred if the
result of the fraud was to determine the
whole state, and perhaps secure the cleo
| ton of a president.


THE POWERS OF CONGRESS.


| The amendment provides that congress
shall have power to provide for conduct
ing the elections of president and vice
president, and provides also that the
states shall be divided into districts by
the legislatures thereof, but that con-


gress may at any time by law make or
| alter the same. This proposition IS
based upon the theory that there should
| be some uniform constitutional rule
upon this subject. The election of a
president and vice president is nation
al affair therefore, congress Is the only
power which can appropriately and eff
GENTLY control in this matter, SO vitality
important to the interests OF the entire
people. The power to appoint electors
| being conferred by the constitution OF
| the United States on the state legisla-
| lures, it cannot be taken from them, or
| modified by their state constitutions.
The very fact that it is in the power of
the legislatures of the various states,
under the present system, to adopt diff
ferent modes of choosing electors, IS
suggestive of the necessity of establish
ing uniform system, or q uniform con-
stitutional rule on the subject, especially
as it is apparent that some of the states.


under the existing system, may dispense,
as some of them have done In the past,
with an election of electors by the peo-
ple, and thus to that extent defeat the


popular will.


THE SETTLEMENT OF CONTESTS.


| The amendment now proposed pro-
yides that the returns Of the election
shall be made to the supreme court OF
the United States within thirty days
after the election, and that said court
shall, under such rules as congress may
adopt, determine any contest in respect
of such returns canvass the same, and
declare within ninety days after the
election, by public proclamation, who is
elected president and who is elected vice
presiden5. Without going into lengthy
argument in support of this branch Of the
proposition, the committee say: Owe
are satisfied that, conceding that 1t IS
important (and we think it is vitality i'm
portant) that there should be a tribunal
created by the constitution for canvas
sing the returns and determining ques.
tions arising thereupon, the plan of
having the supreme court OF the United
States to determine these questions IS
preferable to any other; and mainly be-
cause its rulings and decisions, while
they are apt to be characterized by an
intelligent apprehension and clear un,
derstanding of the questions OF law and
fact involved, will be made with less
partisanship and party bias than that of
any tribunal which could be established
for the purpose of deciding these ques


tions, and its judgments and rulings
would therefore be more likely to be
acquiesced in by the people and be re-
| --,rdoH 90 fDoI cottIament of the OuoS-