"Popular vote" of Florida not considered, as electors chosen by the legislature; Mississippi, Texas, and Virginia not included for reasons as given.

The popular vote as canvassed in New York gave a Democratic majority of exactly ten thousand, which evenness in figures was credited to " irregularities," and so accepted. This was the period of the "Tweed Ring."

1873. 22 Three of the electoral votes of Georgia cast for Greeley rejected, as he was dead at the time the votes were cast (died November 29, 1872) and therefore ineligible as a candidate for the presidential office. Electoral vote of Mississippi objected to, as the certificates did not state that the electors voted by ballot, and that one vote was cast by an elector chosen to fill a vacancy, the choice of whom was certified by the Secretary of State only upon information and not of his own knowledge. After a debate, vote counted. Vote of Missouri objected to, as apparently votes were cast for Brown, both as President and as Vice-President, the count recording for President: Hendricks, 6; Brown, 8; Davis, 1; for Vice-President: Brown, 6; Julian, 5; Palmer, 3; Groesbeck, 1. The ground of the objection, that it was contrary to the provision of the Constitution (Art. II., Sec. 1) that electors shall vote for two persons, "one of whom at least shall not be an inhabitant of the same State with themselves." It being shown by certification no elector who voted for Brown as President voted for him as Vice-President, the vote of Missouri was counted. Vote of Texas objected to because not certified by the Governor as the law required, the certificate having been made by the acting Secretary of State; further, that four of the eight electors, not constituting a majority, had met and filled vacancies; Texas vote counted. The electoral vote of Arkansas and Louisiana rejected; Arkansas returns being certified by the Secretary of State only, his office seal the only one borne by the papers; Louisiana had two returning boards, two sets of electors met, voted, and sent their returns, both sets objected to by both Houses. Arkansas with 6 votes, Louisiana with 8 votes, and Georgia with 3 votes, were excluded; total, 17.

The action of Congress in excluding the electoral vote of Arkansas and Louisiana should affect the recorded popular vote, as their action was equivalent to a declaration of no vote of those States. The popular vote was as follows: Louisiana, Grant, 71,663; Greeley, 57,029; Arkansas, Grant, 41,927; Greeley, 37,927; which should reduce the total as printed in

table to read: Grant, 3,484,034; Greeley, 2,739,123; no votes were cast in either of the two States for any other candidate.

1877. The joint rule of Congress that heretofore prevailed became a matter of dispute, the Senate voting to rescind it, the Republicans asserting the President of the Senate alone had the right to count the votes. The compromise effected was the establishment of a tribunal, as evenly divided politically as possible, which should decide all disputed questions so far as the Constitution gave authority to Congress to decide them.

ELECTORAL COMMISSION.

Created by Act of Congress January 29, 1877.

An Act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing March 4, A.D. 1877.

The latter selected as the fifth member, agreeable to Section 2 of the Act. Justice Clifford was elected President of the Commission.

OATH: "I, —, do solemnly swear (or affirm as the case may be) that I will impartially examine and consider all questions submitted to the commission of which I am a member, and a true judgment given thereon, agreeably to the Constitution and the laws, so help me God."

The electoral count began February 1, 1877, proceeding in alphabetical order of States, according to law. Florida's vote met with contention, the Commission by a strictly party vote deciding the four Hayes electors were duly appointed, and that their votes were the constitutional votes. Louisiana's vote brought discussion, as there were two sets of

returns showing different results, virtually two governments in the State: one, known as the Kellogg government, which had been recognized by every department of the United States Government as the true government of the State; the other, under which John McEnery was asserted to be the lawful governor. The Commission decided in favor of the Kellogg returns, which went to the credit of the Republicans. Michigan and Nevada met objections from the Democrats, alleging that one of the persons chosen by the people held a Federal office at. time of appointment, that the act of other electors filling the vacancy was not legal. Objection overruled by both Houses. Oregon's vote was referred to the Electoral Commission, who rejected unanimously the "madeup " vote of the Tilden electors; by a vote of eight to seven they declared the full board of Hayes electors the legal electors. Pennsylvania had one elector, and, because he had been a "Centennial" commissioner, the other electors treated the place as vacant, and chose another person to act in his stead. This action alleged to be illegal; both Senate and House agreed to a full count of the State. Rhode Island had a similar case to Pennsylvania's. South Carolina's votes were referred to the Commission, who unanimously voted the Tilden electors as not the true electors, and by a vote of eight to seven declared the Hayes electors were the constitutional board. Vermont and Wisconsin each had substituted an alleged ineligible person, a party not chosen by the people; votes of both States counted. The count began February 1 and ended on the morning of March 2, when the Republican candidates, as the result of the most extraordinary vote in the history of the country, were declared elected by a majority of one electoral vote.

The "popular vote" of Colorado not considered, as her electors were chosen by the legislature. Florida and Louisiana had two counts, i.e. Republican and Democrat, which affects the figures shown in the table to the extent as each may be considered. Those in the table are based on the Republican count of these two States; the decision of the Electoral Commission decided the electoral vote as Republican.

1881. 24 As the electoral votes of Georgia had been cast on the second Wednesday in December, they were "counted in the alternative." See "1821."

"Popular vote" includes every State. In Louisiana there were two Republican tickets; in Virginia two Democratic tickets, the Regular and Readjuster (q.v., page 184); the Regular polling 96,912 votes, the Readjuster 31,674 votes.

1889. 25 The electoral count was completed under the Act of February 3, 1887 (see page 277). This was the first count on the part of Congress, regulated by a general law, in the history of the Government under the Constitution.

Of the "popular vote" there have been three "official returns" published :

1893. 26 Michigan chose electors by districts, a device toward securing a few electors to a party who were conscious of being in the minority. The Supreme Court of the State declared constitutionality of the Act of State legislature as legally within the power of that body.

The "popular vote as exhibited is the accepted choice of several "official returns" by reason of coalitions in various States. The Cleveland vote does not exhibit any popular vote as being cast in Colorado, Idaho, Kansas, North Dakota, and Wyoming; similarly with the Harrison vote in Florida.

Louisiana's "popular vote" for Harrison was 13,281; Weaver, 13,282; the fusion of the Populists with Republicans dividing the vote, the fusion electors received 26,563 votes.

1896. 27 The Bryan and Watson popular vote was 222,583, which is included in the Bryan figures of 6,509,052.

Appleton's Cyclopedia gives the divisions of the popular

vote as

1900. 28 Appleton's Cyclopedia notes the popular vote as divided:

Republicans...

..7,206,677

The undersigned

and

tellers on the part of the Senate, and

and tellers on the part of the House of Representatives, report the following as the result of the ascertainment and counting of the electoral vote for President and Vice-President of the United States for the term beginning March 4,