448. THE ELECTION OF 1876.-The election of 1876 was, with the exception of that of 1800, the most exciting and dangerous one ever held. Of the 369 electors, 184 were in favor of Tilden and Hendricks, the Democratic candidates; 164 in favor of Hayes and Wheeler, the Republican candidates; while from South Carolina, Florida, Louisiana, and Oregon there were plural returns. In all 21 votes were in dispute. Two questions arose: Which are the legal votes for these four States? and, Who shall determine which are legal? The second was the practical question, and nothing in the laws, National or State, or in the practice in counting previous votes, answered it directly. This question filled Congress and the country with heat and tumult throughout the winter of 1876-7.

449. THE ELECTORAL COMMISSION.-The Senate was Republican and the House of Representatives Democratic, and it was well known in advance that the Houses would not agree when the time came to count the votes. Congress accordingly created an Electoral Commission, for that case only, consisting of 5 Senators, 5 Representatives, and 5 Justices of the Supreme Court, with power to decide which of the disputed votes should be counted. After listening to lengthy arguments, pro and con, the Commission decided, 8 to 7, that the Republican votes from all the States in dispute were the legal ones, and the Republican candidates were declared elected, 185 votes to 184.

450. THE LAW OF 1887.-Serious difficulties in the election of President had now occurred in 1801, 1825, and 1877. Moreover, such difficulties would have occurred at other times, as in 1865 and 1869, had not the same political party had large majorities in both Houses of Congress. Experience had therefore proved that Presidential elections were fraught with serious dangers to the Republic.

To meet these points of danger, Congress, in 1887, passed an "Act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising therein." Section 2 makes the determination of the State authorities, under State laws previously passed, final in all cases of disputed appointments of Electors, thus answering the principal question of 1877. Subsequent sections prescribe the mode of procedure in case objection is made to a single return, and in case of plural returns from any State. This law, which is very minute in its provisions, removes from a Presidential election many of the dangers that had previously existed.

CHAPTER XV.

THE QUALIFICATIONS AND REMOVAL OF THE

PRESIDENT.

ARTICLE II.

Section 1, Clause 5.—No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President; neither. shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.

451. THE QUALIFICATIONS OF THE PRESIDENT.-Arguments are not called for to show the propriety of the qualifications named save in one point. In 1787 there were many distinguished men of foreign birth in the country, who had rendered it valuable service, and some of whom, as Alexander Hamilton and James Wilson, were members of the Convention that framed the Constitution; and, as a mark of respect to them, the rule was so drawn as to render such men eligible to the Presidency. Residence abroad on official duty, as that of a minister, does not disqualify a man for President.

Section 1, Clause 6.-In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice-President; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

452. VICE-PRESIDENTS WHO HAVE BECOME PRESIDENTS.-President W. H. Harrison, inaugurated March 4, 1841, died April 4, and was succeeded by Vice-President Tyler. President Taylor, inaugurated March 4, 1849, died July 9, 1850, and was succeeded by Vice-President Fillmore. President Lincoln, inaugurated the second term March 4, 1865, died April 14, and was succeeded by Vice-President Johnson. President Garfield, inaugurated March 4, 1881, died September 19, and was succeeded by Vice-President Arthur. President Harrison's cabinet proposed that Mr. Tyler should be styled Acting-President, but he declined the proposition and assumed the full title. This precedent has since been followed.

No other parts of the Constitution that have been fol lowed by equally important results, were so hastily considered by the Convention that framed it as those relating to the Vice-Presidency. Apparently, the framers did not forsee the consequences to follow the creation of the office. For fourteen of the first one hundred years under the Constitution, the Executive chair was filled by Vice-Presidents. Moreover, it was the VicePresidency that compelled the adoption of Amendment XII., as has been already explained.

453. REMOVAL OF THE PRESIDENT, ETC.-Only convic tion of impeachment can effect a removal of the President, in the sense of the Constitution. A resignation must be made in writing, and be filed in the office of the Secretary of State, What constitutes "inability to discharge the powers and duties of the office" of President, has never been settled. The only executive act performed by President Garfield from July 2, to September 19, 1881, was signing his name to an extradition paper. The question whether a case of inability had arisen was much discussed at the time, but with no practical result.

454. THE PRESIDENTIAL SUCCESSION. The clause devolves upon Congress the duty of providing by law for the case of the removal, death, etc., of both the President and Vice-President. Congress provided, in 1792, that the President pro tempore of the Senate, or in case there were no Presi

dent pro tempore, the Speaker of the House of Representatives, should act as President until the disability were removed or a President elected. This law also provided for a special election of a President to fill out the term when the President pro tempore or the Speaker had succeeded.

This act continued in force until 1886, when Congress passed an act regulating the Presidential succession. This act substituted the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney-General, the Postmaster-General, the Secretary of the Navy, and the Secretary of the Interior, in this order, for the President pro tempore and the Speaker of the House. It also repealed the provision of 1792 in regard to a new election, so that any Cabinet officer succeeding would fill out the term, the same as the Vice-President. It also provides for calling a special session of Congress within twenty days of the time when any member of the Cabinet becomes President, unless Congress be in session at the time or is to meet within twenty days. It provides further that no Cabinet officer can succeed unless he has been confirmed by the Senate, and also has the qualifications for the Presidency named in Clause 5 of this Section.

455. OBJECTIONS TO THE RULE OF SUCCESSION OF 1792.-The objections to the old rule, and the arguments in favor of the new rule, as stated in 1886, are various. One point is that the new plan will be more likely than the old one to lead to continuity of executive policy. Another point is that the Senate is not certain to have a President pro tempore, or the House a Speaker, when he is wanted. For example, the Senate had no such President from March 4 to October 10, 1881; while the House of Representatives had no Speaker from March 4 to December 5 of the same year. Had Vice-President Arthur died, or in any way become disqualified to hold the office, at any time after March 4, the Nation would have been without a Chief Magistrate after September 19. It was also urged in 1886 that the new rule of succession puts more lives between the Executive office and anarchy. Still