FOOTNOTES:

[1] The election of a vice-president was, of course, involved also.

William A. Wheeler was the Republican candidate, and Thomas A.

Hendricks the Democratic.

[2] A second set of electoral ballots had also been sent in from

Vermont, where Hayes had received a popular majority vote of 24,000.

As these ballots had been transmitted in an irregular manner, the

president of the Senate refused to receive them, and was sustained in

this action by the upper House.

ELECTORS (Ger. _Kurfursten_, from _Kuren_, O.H.G. _kiosan_, choose,

elect, and _Furst_, prince), a body of German princes, originally seven

in number, with whom rested the election of the German king, from the

13th until the beginning of the 19th century. The German kings, from the

time of Henry the Fowler (919-936) till the middle of the 13th century,

succeeded to their position partly by heredity, and partly by election.

Primitive Germanic practice had emphasized the element of heredity.

_Reges ex nobilitate sumunt_: the man whom a German tribe recognized as

its king must be in the line of hereditary descent from Woden; and

therefore the genealogical trees of early Teutonic kings (as, for

instance, in England those of the Kentish and West Saxon sovereigns) are

carefully constructed to prove that descent from the god which alone

will constitute a proper title for his descendants. Even from the first,

however, there had been some opening for election; for the principle of

primogeniture was not observed, and there might be several competing

candidates, all of the true Woden stock. One of these competing

candidates would have to be recognized (as the Anglo-Saxons said,

_geceosan_); and to this limited extent Teutonic kings may be termed

elective from the very first. In the other nations of western Europe

this element of election dwindled, and the principle of heredity alone

received legal recognition; in medieval Germany, on the contrary, the

principle of heredity, while still exercising an inevitable natural

force, sank formally into the background, and legal recognition was

finally given to the elective principle. _De facto_, therefore, the

principle of heredity exercises in Germany a great influence, an

influence never more striking than in the period which follows on the

formal recognition of the elective principle, when the Habsburgs (like

the Metelli at Rome) _fato imperatores fiunt: de jure_, each monarch

owes his accession simply and solely to the vote of an electoral

college.

This difference between the German monarchy and the other monarchies of

western Europe may be explained by various considerations. Not the least

important of these is what seems a pure accident. Whereas the Capetian

monarchs, during the three hundred years that followed on the election

of Hugh Capet in 987, always left an heir male, and an heir male of full

age, the German kings again and again, during the same period, either

left a minor to succeed to their throne, or left no issue at all. The

principle of heredity began to fail because there were no heirs. Again

the strength of tribal feeling in Germany made the monarchy into a

prize, which must not be the apanage of any single tribe, but must

circulate, as it were, from Franconian to Saxon, from Saxon to Bavarian,

from Bavarian to Franconian, from Franconian to Swabian; while the

growing power of the baronage, and its habit of erecting anti-kings to

emphasize its opposition to the crown (as, for instance, in the reign of

Henry IV.), coalesced with and gave new force to the action of tribal

feeling. Lastly, the fact that the German kings were also Roman emperors

finally and irretrievably consolidated the growing tendency towards the

elective principle. The principle of heredity had never held any great

sway under the ancient Roman Empire (see under EMPEROR); and the

medieval Empire, instituted as it was by the papacy, came definitely

under the influence of ecclesiastical prepossessions in favour of

election. The church had substituted for that descent from Woden, which

had elevated the old pagan kings to their thrones, the conception that

the monarch derived his crown from the choice of God, after the manner

of Saul; and the theoretical choice of God was readily turned into the

actual choice of the church, or, at any rate, of the general body of

churchmen. If an ordinary king is thus regarded by the church as

essentially elected, much more will the emperor, connected as he is with

the church as one of its officers, be held to be also elected; and as a

bishop is chosen by the chapter of his diocese, so, it will be thought,

must the emperor be chosen by some corresponding body in his empire.

Heredity might be tolerated in a mere matter of kingship: the precious

trust of imperial power could not be allowed to descend according to the

accidents of family succession. To Otto of Freising (_Gesta Frid._ ii.

1) it is already a point of right vindicated for itself by the

excellency of the Roman Empire, as a matter of singular prerogative,

that it should not descend _per sanguinis propaginem, sed per principum

electionem_.

The accessions of Conrad II. (see Wipo, _Vita Cuonradi_, c. 1-2), of

Lothair II. (see _Narratio de electione Lotharii_, M.G.H. _Scriptt._

xii. p. 510), of Conrad III. (see Otto of Freising, _Chronicon_, vii.

22) and of Frederick I. (see Otto of Freising, _Gesta Frid._ ii. 1) had

all been marked by an element, more or less pronounced, of election.

That element is perhaps most considerable in the case of Lothair, who

had no rights of heredity to urge. Here we read of ten princes being

selected from the princes of the various duchies, to whose choice the

rest promise to assent, and of these ten selecting three candidates, one

of whom, Lothair, is finally chosen (apparently by the whole assembly)

in a somewhat tumultuary fashion. In this case the electoral assembly

would seem to be, in the last resort, the whole diet of all the princes.

But a _de facto_ pre-eminence in the act of election is already, during

the 12th century, enjoyed by the three Rhenish archbishops, probably

because of the part they afterwards played at the coronation, and also

by the dukes of the great duchies--possibly because of the part they too

played, as vested for the time with the great offices of the household,

at the coronation feast.[1] Thus at the election of Lothair it is the

archbishop of Mainz who conducts the proceedings; and the election is

not held to be final until the duke of Bavaria has given his assent. The

fact is that, votes being weighed by quality as well as by quantity (see

DIET), the votes of the archbishops and dukes, which would first be

taken, would of themselves, if unanimous, decide the election. To

prevent tumultuary elections, it was well that the election should be

left exclusively with these great dignitaries; and this is what, by the

middle of the 13th century, had eventually been done.

The chaos of the interregnum from 1198 to 1212 showed the way for the

new departure; the chaos of the great interregnum (1250-1273) led to its

being finally taken. The decay of the great duchies, and the narrowing

of the class of princes into a close corporation, some of whose members

were the equals of the old dukes in power, introduced difficulties and

doubts into the practice of election which had been used in the 12th

century. The contested election of the interregnum of 1198-1212 brought

these difficulties and doubts into strong relief. The famous bull of

Innocent III. (_Venerabilem_), in which he decided for Otto IV. against

Philip of Swabia, on the ground that, though he had fewer votes than

Philip, he had a majority of the votes of those _ad quos principaliter

spectat electio_, made it almost imperative that there should be some

definition of these principal electors. The most famous attempt at such

a definition is that of the _Sachsenspiegel_, which was followed, or

combated, by many other writers in the first half of the 13th century.

Eventually the contested election of 1257 brought light and definition.

Here we find seven potentates acting--the same seven whom the Golden

Bull recognizes in 1356; and we find these seven described in an

official letter to the pope, as _principes vocem in hujusmodi electione

habentes, qui sunt septem numero_. The doctrine thus enunciated was at

once received. The pope acknowledged it in two bulls (1263); a cardinal,

in a commentary on the bull _Venerabilem_ of Innocent III., recognized

it about the same time; and the erection of statues of the seven

electors at Aix-la-Chapelle gave the doctrine a visible and outward

expression.

By the date of the election of Rudolph of Habsburg (1273) the seven

electors may be regarded as a definite body, with an acknowledged right.

But the definition and the acknowledgment were still imperfect. (1) The

composition of the electoral body was uncertain in two respects. The

duke of Bavaria claimed as his right the electoral vote of the king of

Bohemia; and the practice of _partitio_ in electoral families tended to

raise further difficulties about the exercise of the vote. The Golden

Bull of 1356 settled both these questions. Bohemia (of which Charles

IV., the author of the Golden Bull, was himself the king) was assigned

the electoral vote in preference to Bavaria; and a provision annexing

the electoral vote to a definite territory, declaring that territory

indivisible, and regulating its descent by the rule of primogeniture

instead of partition, swept away the old difficulties which the custom

of partition had raised. After 1356 the seven electors are regularly the

three Rhenish archbishops, Mainz, Cologne and Trier, and four lay

magnates, the palatine of the Rhine, the duke of Saxony, the margrave of

Brandenburg, and the king of Bohemia; the three former being vested with

the three archchancellorships, and the four latter with the four offices

of the royal household (see HOUSEHOLD). (2) The rights of the seven

electors, in their collective capacity as an electoral college, were a

matter of dispute with the papacy. The result of the election, whether

made, as at first, by the princes generally or, as after 1257, by the

seven electors exclusively, was in itself simply the creation of a

German king--an _electio in regem_. But since 962 the German king was

also, after coronation by the pope, Roman emperor. Therefore the

election had a double result: the man elected was not only _electus in

regem_, but also _promovendus ad imperium_. The difficulty was to define

the meaning of the term _promovendus_. Was the king elect _inevitably_

to become emperor? or did the _promotio_ only follow at the discretion

of the pope, if he thought the king elect fit for promotion? and if so,

to what extent, and according to what standard, did the pope judge of

such fitness? Innocent III. had already claimed, in the bull

_Venerabilem_, (1) that the electors derived their power of election, so

far as it made an emperor, from the Holy See (which had originally

"translated" the Empire from the East to the West), and (2) that the

papacy had a _jus et auctoritas examinandi personam electam in regem et

promovendam ad imperium_. The latter claim he had based on the fact that

he anointed, consecrated and crowned the emperor--in other words, that

he gave a spiritual office according to spiritual methods, which

entitled him to inquire into the fitness of the recipient of that

office, as a bishop inquires into the fitness of a candidate for

ordination. Innocent had put forward this claim as a ground for deciding

between competing candidates: Boniface VIII. pressed the claim against

Albert I. in 1298, even though his election was unanimous; while John

XXII. exercised it in its harshest form, when in 1324 he ex-communicated

Louis IV. for using the title and exerting the rights even of king

without previous papal confirmation. This action ultimately led to a

protest from the electors themselves, whose right of election would have

become practically meaningless, if such assumptions had been tolerated.

A meeting of the electors (_Kurverein_) at Rense in 1338 declared (and

the declaration was reaffirmed by a diet at Frankfort in the same year)

that _postquam aliquis eligitur in Imperatorem sive Regem ab Electoribus

Imperii concorditer, vel majori parte eorundem, statim ex sola electione

est Rex verus et Imperator Romanus censendus ... nec Papae sive Sedis

Apostolicae ... approbatione ... indiget_. The doctrine thus positively

affirmed at Rense is negatively reaffirmed in the Golden Bull, in which

a significant silence is maintained in regard to papal rights. But the

doctrine was not in practice followed: Sigismund himself did not venture

to dispense with papal approbation.

By the end of the 14th century the position of the electors, both

individually and as a corporate body, had become definite and precise.

Individually, they were distinguished from all other princes, as we have

seen, by the indivisibility of their territories and by the custom of

primogeniture which secured that indivisibility; and they were still

further distinguished by the fact that their person, like that of the

emperor himself, was protected by the law of treason, while their

territories were only subject to the jurisdiction of their own courts.

They were independent territorial sovereigns; and their position was at

once the envy and the ideal of the other princes of Germany. Such had been

the policy of Charles IV.; and thus had he, in the Golden Bull, sought to

magnify the seven electors, and himself as one of the seven, in his

capacity of king of Bohemia, even at the expense of the Empire, and of

himself in his capacity of emperor. Powerful as they were, however, in

their individual capacity, the electors showed themselves no less powerful

as a corporate body. As such a corporate body, they may be considered from

three different points of view, and as acting in three different

capacities. They are an electoral body, choosing each successive emperor;

they are one of the three colleges of the imperial diet (see DIET); and

they are also an electoral union (_Kurfurstenverein_), acting as a

separate and independent political organ even after the election, and

during the reign, of the monarch. It was in this last capacity that they

had met at Rense in 1338; and in the same capacity they acted repeatedly

during the 15th century. According to the Golden Bull, such meetings were

to be annual, and their deliberations were to concern "the safety of the

Empire and the world." Annual they never were; but occasionally they

became of great importance. In 1424, during the attempt at reform

occasioned by the failure of German arms against the Hussites, the

_Kurfurstenverein_ acted, or at least it claimed to act, as the

predominant partner in a duumvirate, in which the unsuccessful Sigismund

was relegated to a secondary position. During the long reign of Frederick

III.--a reign in which the interests of Austria were cherished, and the

welfare of the Empire neglected, by that apathetic yet tenacious

emperor--the electors once more attempted, in the year 1453, to erect a

new central government in place of the emperor, a government which, if not

conducted by themselves directly in their capacity of a

_Kurfurstenverein_, should at any rate be under their influence and

control. So, they hoped, Germany might be able to make head against that

papal aggression, to which Frederick had yielded, and to take a leading

part in that crusade against the Turks, which he had neglected. Like the

previous attempt at reform during the Hussite wars, the scheme came to

nothing; the forces of disunion in Germany were too strong for any central

government, whether monarchical and controlled by the emperor, or

oligarchical and controlled by the electors. But a final attempt, the most

strenuous of all, was made in the reign of Maximilian I., and under the

influence of Bertold, elector and archbishop of Mainz. The council of

1500, in which the electors (with the exception of the king of Bohemia)

were to have sat, and which would have been under their control,

represents the last effective attempt at a real _Reichsregiment_.

Inevitably, however, it shipwrecked on the opposition of Maximilian; and

though the attempt was again made between 1521 and 1530, the idea of a

real central government under the control of the electors perished, and

the development of local administration by the circle took its place.

In the course of the 16th century a new right came to be exercised by

the electors. As an electoral body (that is to say, in the first of the

three capacities distinguished above), they claimed, at the election of

Charles V. in 1519 and at subsequent elections, to impose conditions on

the elected monarch, and to determine the terms on which he should

exercise his office in the course of his reign. This _Wahlcapitulation_,

similar to the _Pacta Conventa_ which limited the elected kings of

Poland, was left by the diet to the discretion of the electors, though

after the treaty of Westphalia an attempt was made, with some little

success,[2] to turn the capitulation into a matter of legislative

enactment by the diet. From this time onwards the only fact of

importance in the history of the electors is the change which took place

in the composition of their body during the 17th and 18th centuries.

From the Golden Bull to the treaty of Westphalia (1356-1648) the

composition of the electoral body had remained unchanged. In 1623,

however, in the course of the Thirty Years' War, the vote of the count

palatine of the Rhine had been transferred to the duke of Bavaria; and

at the treaty of Westphalia the vote, with the office of imperial butler

which it carried, was left to Bavaria, while an eighth vote, along with

the new office of imperial treasurer, was created for the count

palatine. In 1708 a ninth vote, along with the office of imperial

standard-bearer, was created for Hanover; while finally, in 1778, the

vote of Bavaria and the office of imperial butler returned to the counts

palatine, as heirs of the duchy, on the extinction of the ducal line,

while the new vote created for the Palatinate in 1648, with the office

of imperial treasurer, was transferred to Brunswick-Luneburg (Hanover)

in lieu of the one which this house already held. In 1806, on the

dissolution of the Holy Roman Empire, the electors ceased to exist.

LITERATURE.--T. Lindner, _Die deutschen Konigswahlen und die

Entstehung des Kurfurstentums_ (1893), and _Der Hergang bei den

deutschen Konigswahlen_ (1899); R. Kirchhofer, _Zur Entstehung des

Kurkollegiums_ (1893); W. Maurenbrecher, _Geschichte der deutschen

Konigswahlen_ (1889); and G. Blondel, _Etude sur Frederic II_, p. 27

sqq. See also J. Bryce, _Holy Roman Empire_ (edition of 1904), c. ix.;

and R. Schroder, _Lehrbuch der deutschen Rechtsgeschichte_, pp.

471-481 and 819-820. (E. Br.)

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