Election Of The President

( Originally Published 1885 )

IN a few days the people of the United States will elect the chief executive officer for the next four years. It is important that all the boys, and the girls, too, for that matter, since by and by they may possibly or will probably vote as well as the boys, should know exactly what the entire process is for the election of a President of the United States. Four years ago, on the day of the election, the writer called together his entire school, about two hundred and fifty boys, placed the class studying the United States Constitution, which had just finished their consideration of the executive department, on the front seat, and carried through substantially the following exercise.

It is now published with the hope that a similar plan may be used in many schools on the day of election in coming years.

" John, will you state to the school what is the first thing the United States Constitution says about the election of a President?"

" The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows."

" What do you think, John, about the length of the term, four years ? "

" I think it is too short. If the term were six or eight years, and the President were not eligible to a re-election, there would be less disturbance incident to the contest, and the President would not be trammeled in his action, by the wish to so shape his course as to secure a re-election."

" James, state what the Constitution says about the method of electing presidential electors?"

Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector."

" To how many electors, then, is Massachusetts entitled ? "

"Massachusetts has twelve representatives and two senators ; therefore she is entitled to fourteen electors."

"To how many electors is Delaware entitled?"

"Delaware has only one representative and two senators ; therefore Delaware is entitled to three electors."

" To how many, New York ?"

"New York has thirty-four representatives,* and consequently has thirty-six electors."

"How many electors are there, at present, in all the states ? "

"There are thirty-eight states,* with seventy-six senators, and three hundred and twenty-five representatives. According to the Constitution, the whole number of electors would be four hundred and one."

Thomas, you may give the clause of the Constitution in relation to the time of choosing the electors."

" The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United states."

" Has Congress by law established the day?"

"It has. In 1792 a law was enacted requiring electors to be elected by each state within thirty four days preceding the first Wednesday in December ; but in 1845 Congress passed a law declaring that the electors shall be appointed on the Tuesday next after the first Monday in November.'"

"How are these electors appointed?"

At the present time in every state the electors are chosen by the people. In the earlier days of the Republic they were appointed in different ways in different states. In some of them the Legislature appointed, in others they were elected by the ' people. South Carolina was the last state to change she appointed her electors by her Legislature until the civil war. Under her new constitution since the war, she has passed a law providing for their election by the people."

"Now, William, you may repeat the clause in the Constitution which tells how these electors shall cast their votes for President and Vice-President."

The electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves. They shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify and transmit sealed to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed."

"When do these electors meet to cast their votes?"

"By the law of 1792 the electors are required to meet and give their votes on the first Wednesday in December."

" At what place do they meet ? "

" At such place in each state as the Legislature thereof shall have by law directed. They usually meet at the capital of the state."

" Is there such a thing, then, as the electoral college? "

" There are as many electoral colleges as there are states; the electors., therefore, meet the same day in all the states and cast their votes independently of each other."

" Henry, you may describe the certificates they make and sign."

"The electors are required to make and sign three certificates of all the votes given by them, and to appoint a person to take charge of and deliver one of the certificates to the president of the senate at the seat of the national government before the first Wednesday in January next ensuing.

" If there should then be no president of the senate at the seat of government, the certificate to be deposited with the Secretary of State, to be delivered by him as soon as may be to the president of the senate. Another one of the certificates is to be sent by mail, directed to the president of the senate at the seat of government. The remaining certificate is to be delivered to the judge of the District Court of the United States for the district in which the electors are assembled.

The executive authority of each state is also directed by the act to make out and certify three lists of the names of the electors of such state, and the electors are to annex one of those certificates to each of the lists of their votes."

Suppose, for any reason, the messenger of any State does not deliver the certificate of the vote, and the certificate sent by mail does not reach the president of the senate."

"If a list of votes shall not have been received at the seat of the government on or before the first Wednesday in January,* then the Secretary of State shall send a special messenger to the district judge in whose custody a list has been lodged, who shall immediately transmit his list to the seat of government by this messenger."

"When, and how, and by whom are the votes from the several states counted?"

"On the second Wednesday in February succeeding the meeting of the electors, the certificates shall be opened by the president of the senate, in the presence of the senate and the house of representatives, the votes counted, and the persons who shall fill the office of President and of Vice President ascertained and declared agreeably to the Constitution."

" When is the President inaugurated? "

" On the 4th of the following March."

"Stephen, what are the requisite qualifications for a President of the United States?"

The Constitution prescribes three qualifications, viz.: (1.) He shall be thirty-five years old. (2.) He shall be a native-born citizen of the United States. (3.) He shall have been a resident in the United States fourteen years prior to taking his seat."

"You say fourteen years a resident. If a man should travel abroad during that time, would it make him ineligible ? "

No, sir. He would not lose his residence by a trip abroad, if he still retained his home and legal residence."

" Suppose he should be abroad on government service ? "

" That does not cause him to lose his residence. James Buchanan was minister to Great Britain, just prior to his election as President. A government officer on foreign service still retains his residence at his home. Moreover, should he have children born abroad, they will be considered as native-born citizens."

"Albert, suppose there is no choice by the electors ; what then ? "

"The Constitution provides that the house of representatives shall immediately choose, by ballot, a President from the per-sons having the highest number, not exceeding three, on the list of those voted for as President."

" How shall this vote be taken? "

" The vote shall be taken by states, each state having one vote."

" Well, now we have followed the method of electing a President through, step by step. But let us return and see if we altogether understand it. Robert, what is the first thing, practically, that is done toward the election of a President?"

" The election of the electors."

" That, I grant, is the first step provided by the Constitution. But, practically, is there nothing done preceding the election of the electors? "

"Yes, sir; there are always at least two great political parties in the country. Each party calls a general convention from the whole country to nominate a President, and these political conventions put their candidates in nomination. Then, in every state, each party, by convention, nominates their candidates for electors ; so that in voting for a particular set of electors it is understood to be equivalent to voting for such a candidate for President."

"George, do not the citizens vote directly for the President?"

"No, sir. The printed ballots usually have at the head the name of the party,. followed by the name of the candidate for President and for Vice-President, and then, below, the names of the proposed electors."

Now, Winthrop, is this all necessary for the vote?"

"No, sir ; all that is necessary is the names of the electors. Each citizen votes only for the electors, and not for President and Vice-President. Their names might be torn off from the ballot without affecting the value of the vote."

The teacher, in carrying on this exercise in his school, should have in hand specimens of ballots, and exhibit them, and explain further upon this point.

" Hollis, when is the President elected?"

" When the presidential electors cast their votes for President, on the first Wednesday in December."

"But is it not practically certain before that time ? "

" Yes, sir. The electors are substantially pledged to vote for the party candidate previously nominated ; so that when they are elected, on the first Tuesday after the first Monday in November, it is practically certain who is to be President, although he is not then elected."