The count of electoral votes took place on February 11, 1885, in accordance with a joint resolution adopted by both Houses of Congress without opposition. The resolution was in the identical words of the first part of the resolution of 1881, and simply provided for the opening of the certificates by two tellers on the part of each House, and a declaration of the result by the President of the Senate. The count was undisturbed by any event calling for notice.

XXVII.

TWO GREAT QUESTIONS SETTLED.

THE quadrennial period which completed the first century under the Constitution was distinguished by the passage of two acts of constitutional importance. By one of these acts the method of counting the electoral votes was settled on principles so reasonable and equitable that there seems no reason to apprehend that it will ever be changed, so long as the system of electing the President indirectly is pursued. Thus the famous casus omissus of the Constitution has been supplied so far as that can be done without a formal amendment, which is unnecessary so long as parties are willing to abide by a fair settlement of a much disputed point, and which could not be adopted were either party opposed to it. By the other act, the presidential succession has been completely changed.

The history of the adoption of these measures contains very little that is interesting. Neither was carried as a party measure, and when brought to a vote the opposition to either was little more than a symptom of that conservatism which usually resists all change.

The Presidential Succession Act was the first in order of time. The law of 1791 made the President pro tempore of the Senate the successor to the office of President in the event of the removal, death, resignation, or disability of both the President and the Vice-President; and after the President of the Senate, the Speaker of the

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House of Representatives. The Constitution conferred upon Congress the duty of designating what officer should act as President in such cases. There was, from the beginning, a doubt if the President pro tempore of the Senate, or the Speaker, was an "officer," within the meaning of the Constitution. But certain considerations of personal politics at the time the act was passed, caused Congress to pass over the members of the Cabinet who were the natural successors of the President and Vice-President, in case of vacancy, and to fix upon the President pro tempore of the Senate and the Speaker of the House of Representatives. Fortunately, the case has never occurred which called for an application of the law of 1791. Nevertheless, on more than one occasion the country was perilously near a crisis, owing to the fact that the death of one person would cause the presidency to lapse, since no one then held the position either of President pro tempore or of Speaker.

It was this consideration rather than the doubt if the law of 1791 conformed to the Constitution, that led to the change. Another reason was that neither of the congressional officers designated for the succession, is necessarily or invariably a member of the party which has been successful in electing the President; and it is universally admitted that political fair dealing demands that the party which has carried the election shall not be deprived of its victory by the death of the President and Vice-President.

The Presidential Succession bill was reported from the Committee on the Judiciary, of the Senate, as long ago. as June 19, 1882. It was considered and passed January 19, 1883; but it was not reached in the House of Representatives, and the Forty-seventh Congress came to an end on the 4th of March, of that year. A bill with iden

tical provisions was passed by the Senate on December 17, 1885, without a division. It was taken up January 12, 1886, by the House of Representatives, and, after several proposed amendments had been rejected, the bill was passed as it came from the Senate by a vote of 185 to 77. The affirmative vote was given by 146 Democrats and 39 Republicans; the negative by 75 Republicans and 2 Democrats. The act was approved January 18, 1886, and is in the following words:

Be it enacted, etc., that in case of the removal, death, resignation, or inability of both the President and Vice-President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster General, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice-President is removed or a President shall be elected: provided, that whenever the powers and duties of the office of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve, to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting.

SECTION 2. That the preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the officers therein named, and such as are eligible to the office of President under the constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall dveolve upon them respectively.

SECTION 3. That sections 146, 147, 148, 149, and 150 of the revised statutes are hereby repealed.

The final settlement of the mode of counting the elec toral votes stands as Chapter 9 of the Acts of the Forty Ninth Congress, approved February 3, 1887. Its history is even less eventful than that of the Presidential Succession Act, though agreement upon the terms of the bill was only reached after much consideration, many amendments and the work of a conference committee. Into this act, as will be seen from an examination of its provisions, has been introduced the principle that a State may finally determine every contest arising out of a presidential election. Such determination must be made in accordance with a law passed before the electors are chosen, and the decision must have been made at least six days before the meeting of the electors; but under these conditions the two Houses of Congress cannot reverse the decision so reached. The only case in which such a determination can be subverted, is when there is a conflict of tribunals, and the two houses cannot agree in deciding which of them is the lawful tribunal. As to votes not made secure by a judicial determination, the general principle is that none can be rejected except by concurrent vote of the two Houses. This is different from the principle of the old "twenty-second joint.rule," which allowed either House to reject votes. The act in full is as follows: :

Be it enacted, etc., that the electors of each State shall meet and give their votes on the second Monday in January next following their appointment, at such place in each State as the Legislature of such State shall direct.

SECTION 2. That if any State shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors of such State, by ju