CHAPTER XV

THE PRESIDENCY: ORGANIZATION AND MODE OF ELECTION

=The Presidential Office.=--One of the weaknesses in the organization of

the government under the Articles of Confederation was, as we have seen,

the lack of an executive to carry into effect the resolutions of

Congress and the treaties of the United States. There was no doubt,

therefore, in the minds of the framers of the Constitution in regard to

the desirability of providing for an executive department coördinate

with the legislative department. It was accordingly declared that the

executive power should be vested in an officer called the President of

the United States.

_Proposed Executive Council._--While the convention was practically

unanimous in the view that the supreme executive power should be vested

in a single person, a good many members looked with favor on a

proposition to associate with the President an executive council which

should share with him the exercise of the executive power in certain

important fields. Most of the state constitutions then in force had

provided such councils, and now that a national executive with far

larger powers was being created there was all the more reason why it

should be placed to some extent under the guardianship of a council. But

the proposition was rejected, and in its place the Senate was charged

with acting as an executive council to the President in negotiating

treaties and the making of appointments, but in no other respects.

=Qualifications of the President.=--The Constitution requires that the

President shall be a natural born citizen of the United States,[58] that

he must have attained the age of thirty-five years, and must have been

fourteen years a resident of the United States. The same qualifications

are required of the Vice President.

[58] Or a citizen of the United States at the time of the adoption of

the Constitution. This exception was made out of respect to the

distinguished men of foreign birth, such as Alexander Hamilton and

James Wilson, who were members of the convention that framed the

Constitution. As more than a hundred years have elapsed since the

adoption of the Constitution, the exception, of course, no longer has

any meaning.

=The Presidential Term.=--There was considerable discussion in the

convention regarding the term of the President. It was first decided

that the term should be seven years and the President made ineligible to

a second term, but upon further consideration the convention decided to

fix the term at four years and nothing was said in regard to

reëligibility. The result is, the President may serve as many terms as

the people may see fit to elect him. The following Presidents have been

elected to two terms: Washington, Jefferson, Madison, Monroe, Jackson,

Lincoln, Grant, Cleveland, McKinley, and Wilson.[59] Cleveland, after

serving one term, was renominated by his party but was defeated by the

Republican candidate. He was then nominated for the third time by his

party and was elected. Washington declined a third term and his example

has been followed by his successors. The precedent thus established,

that the President shall serve only two terms, has become part of our

unwritten constitution, and but two attempts have ever been made to

break the custom.[60]

[59] Mr. Roosevelt became President by the death of President McKinley

about half a year after the beginning of the latter's second term. He

served out the unexpired term of Mr. McKinley and was elected to the

following full term of four years.

[60] The first was made by ex-President Grant, who in 1880 was a

candidate for the Republican nomination for a third term, but failed to

secure it. The second was made by ex-President Roosevelt in 1912.

=Mode of Election.=--No question consumed so much of the time of the

convention as that relating to the method of choosing the President.

Various schemes were proposed. A few members favored election by the

people; others urged election by Congress. Against the method of popular

choice it was argued that the people were not competent to choose a

chief magistrate for the entire country, and besides, under such a

system, they would be influenced by demagogues and scheming politicians.

Again, the tumults and disorders, the "heats and ferments" of a popular

election would convulse the community to the breaking point. Against the

method of election by Congress, it was urged that the President would be

a mere creature or tool of that assembly and would be under the

temptation of making promises or entering into bargains with influential

members in order to secure an election. Moreover, such a method was

contrary to the great principle upon which all the members were agreed,

namely, that the three departments of the national government should be

kept separate and independent of one another.

The clause as finally adopted provides that the President shall be

chosen, not directly by the voters, but by electors to be appointed in

each state in such manner as the legislature thereof may direct, each

state to have as many electors as it has senators and representatives in

Congress.

_Breakdown of the Electoral Plan._--It was at first expected that the

electors of the different states, composed of leading citizens

presumably well acquainted with the qualifications of the candidates for

the chief magistracy, would meet at the state capitals, discuss among

themselves the strength and weaknesses of the several candidates, and

then exercising their full judgment, cast their votes for the fittest.

But the scheme quickly broke down in practice, and instead of a real

choice by small bodies of men, we have a system which amounts to direct

election by the masses of the voters, though the form of indirect

election is still followed. As soon as political parties were thoroughly

organized, the electors, who were intended to be men "capable of

analyzing the qualities adapted to the Presidential office," were

reduced to the position of party puppets who no longer exercised their

own judgment in choosing the President but merely registered, like

automata, the will of their party. As Ex-President Harrison once

remarked, an elector who should fail to vote for the nominee of his

party would be the object of execration and in times of very high

excitement might be the subject of a lynching.[61] So closely do the

electors obey the will of their party that we always know at the close

of election day, on Tuesday after the first Monday in November, when the

electors themselves are chosen, who will be the next President, though

in fact the electors do not meet in their respective states until the

following January, formally to register the choice of the people.

[61] "This Country of Ours," p. 77.

=Choosing Presidential Electors.=--In the beginning the presidential

electors of each state were chosen by the legislature, either by joint

ballot of the two houses sitting together, or by concurrent vote. In the

course of time, however, popular election of electors was introduced,

South Carolina (1868) being the last state to choose its electors by the

legislature.

_Choice by General Ticket._--When the system of popular choice of

electors was adopted, two different methods were followed: choice by

districts, and choice on general ticket from the state at large; but by

1832 all the states except Maryland had adopted the general ticket

method, and now there is no state which follows the district method.

Representatives in Congress, as we have seen, are elected by districts,

and hence the delegation in Congress from a particular state is often

divided between Democrats and Republicans. But not so with Presidential

electors; usually the party in the majority in the state, however small

the majority, chooses all the electors. Thus when the Democratic party

carried New York by a majority of hardly more than 1,000 votes in 1884,

the entire electoral vote was counted for Cleveland.[62]

[62] It sometimes happens that the electoral vote of a state is

divided, though the instances are rare. This may be due to the

personal unpopularity of one of the electoral candidates of the

majority party, or it may be due to the mistake of many voters in

casting their ballots for the candidate for elector at the head of

the ticket only, believing that they are thereby voting for the whole

ticket. As a result of the former cause, Harrison received one vote in

California in 1892, while Cleveland had the other eight. As a result

chiefly of the latter blunder, Taft received only two electoral votes

in Maryland in 1908, and Bryan received the other six. In 1916 the vote

of West Virginia was divided, Wilson receiving one vote and Hughes the

other seven.

Among the results of the rule which gives the entire electoral vote of

the state to one of the candidates, notwithstanding the size of the vote

polled by the other candidate, is that each party concentrates its

efforts in the large "pivotal" states whose votes are decisive, and

thereby bribery and fraud in such states are powerfully stimulated.

Candidates for the office of elector are nominated usually by the state

conventions of each party. No senator or representative or any person

holding an office of honor, trust, or profit under the United States is

eligible to the office of elector. Congress, under the Constitution, has

power to fix the day on which the electors shall be chosen, and it has

fixed the day as Tuesday after the first Monday in November.

_Electoral and Popular Vote._--Generally the candidate for President

whose electors receive the largest popular vote will also receive the

largest electoral vote; but this has not always happened, and usually

there is only a rough correspondence between the popular vote and the

electoral vote. Thus in 1860 Lincoln received only about forty per cent

of the popular vote, though he received a substantial majority (about

fifty-nine per cent) of the electoral vote. Again, in 1864 he received

only about fifty-five per cent of the popular vote, but ninety-one per

cent of the electoral vote. In 1912 Wilson received forty-two per cent

of the popular vote, and eighty-two per cent of the electoral vote. Such

discrepancies are due to the fact that the entire electoral vote of a

state is usually cast for the candidate who receives a plurality of the

popular vote of the state, however small it may be. A party, therefore,

may carry enough states by small margins to secure a majority of the

electors and yet be in a minority so far as the popular vote of the

entire country is concerned.

=Choice of the President by the Electors.=--The electors, on the second

Monday of January following their election, assemble in their respective

state capitals for the purpose of choosing the President.[63] The

Constitution as it now stands requires the electors to vote by ballot

for President and by a distinct ballot vote for Vice President, and make

separate lists of all persons voted for as President and of all persons

voted for as Vice President.

[63] The day on which the electors assemble must be the same throughout

the Union. The purpose of this requirement is to prevent deals or

bargains among the electoral "colleges" of the different states.

Moreover, meeting on the same day, the action of one state cannot be

used to influence that of another. In 1857 the electors of Wisconsin

were prevented by a snowstorm from assembling at the state capital on

the day fixed by law. On the day following they met and cast the vote

of the state for Frémont. But when the question of counting Wisconsin's

vote came up in Congress, objection was made that it had not been cast

on the day prescribed by law. As the vote of the state was not

decisive, the matter did not become serious.

_The Original Method._--The Constitution as originally adopted did not

require the electors in casting their ballots to indicate the person for

whom they were voting as President and whom for Vice President, or to

prepare distinct lists. The one who received the highest vote (if a

majority) was to be President, and the one receiving the next highest

number (whether a majority or not) was to be Vice President. The result

of this method of choosing the President was that as soon as political

parties were formed and the electors came to vote strictly on the basis

of party there would be a tie between the two persons highest on the

list, and as there was nothing to show on the record which was intended

for President and which for Vice President there would be no election.

This happened in 1801, when Jefferson and Burr each received

seventy-three electoral votes, and the choice between them had to be

made by the house of representatives as the Constitution provides.

_Twelfth Amendment._--To remove the difficulty, the Twelfth Amendment

was adopted in 1804, requiring the electors in preparing their ballots

to indicate their choice for President and their choice for Vice

President so that the person intended for the latter office could not be

confused with the person intended for President. The amendment also

requires a majority of the electoral vote to elect the Vice President as

well as the President.

_Restrictions on the Electors._--In casting their votes the electors are

prohibited from voting for candidates for both offices from the same

state as themselves. The purpose of this provision is to prevent the

electors from one state--if any state should ever become powerful

enough--from choosing both the President and the Vice President from

that state. This does not mean, however, that both the President and the

Vice President could not be elected from the same state, since the

electors of the other states are not prohibited from voting for two

candidates from the same state.

_Formalities and Precautions._--The Constitution requires the electors

of each state to sign, certify, seal, and transmit to the president of

the United States senate, a list of the votes cast for President and

Vice President. The statutes also require two additional lists to be

prepared, one to be sent to the president of the senate by special

messenger, and the other to be deposited with the nearest United States

district judge. These extra precautions are taken to prevent the loss of

the state's votes through accident or otherwise. This done, the office

of the Presidential elector expires and the electoral colleges cannot be

again summoned to correct errors or to make a new choice in case the

President elect should die before inauguration.

=Counting the Electoral Vote.=--The Constitution directs that the votes

transmitted to the president of the senate shall be opened in the

presence of both houses of Congress and that the votes shall then be

counted. The Constitution does not say who shall count the votes.

Apparently the framers believed that the process of counting would never

involve anything more than a simple act of addition. But in the course

of time disputed returns began to be sent in, and then the process of

counting came to involve the more difficult task of determining what

should be counted. Thereupon the question was raised, who shall count?

Was the president of the senate to count and the two houses act merely

as spectators, or was the president of the senate to open the votes and

the two houses do the counting? For a long time, when the disputes were

not serious enough to affect the result, the president of the senate was

allowed to count the vote and proclaim the result.[64] In 1865 by a joint

rule Congress assumed the right to count the electoral vote, thus taking

the power away from the president of the senate.

[64] Thus Jefferson as president of the senate in 1801, counted the

vote which elected him President of the United States and declared

himself duly elected. So did Adams in 1797. Suppose there had been a

serious dispute in either of these cases, could the president of the

senate have counted for himself the votes in dispute?

_The Disputed Election of 1876._--In 1876 a serious election dispute

arose, involving the presidency. Both Hayes and Tilden claimed to have

been elected, and the result depended upon which of two conflicting

lists of votes from Florida, Oregon, South Carolina, and Louisiana

should be counted. Under the joint rule mentioned above, either house

could reject a questionable vote. One of the houses was Democratic and

the other Republican, and because of the great excitement over the

matter, it was feared that the votes of many states might be rejected

for trivial reasons. After much discussion, in the course of which many

ugly threats were made, Congress agreed to the creation of an electoral

commission, to decide the disputed votes. The commission was to consist

of five senators, five representatives, and five justices of the Supreme

Court. As finally constituted it was composed of eight Republicans and

seven Democrats, and by a strict party vote the commission decided in

favor of Hayes in every case, thus insuring his election. The minority

accepted the result, but not without protest and criticism.

_The Act of 1887._--After this decision, Congress took up the task of

devising permanent rules for counting the electoral vote, and finally in

1887 it passed an elaborate act which now regulates the electoral count.

In brief, it places the responsibility so far as possible on the state

authorities, and provides that the determination of each state as to how

its electoral vote was cast shall, under certain conditions, be final.

If, however, a state neglects to settle its own election contests, and

double returns are transmitted to the president of the senate, the two

houses of Congress sitting separately must determine how the votes shall

be counted. But if the two houses fail to agree, as they did in counting

the vote of 1876, then the vote of the state is lost. The day fixed by

Congress for opening and counting the vote is the second Wednesday in

February.

=Election by the House.=--In case no candidate receives a majority of

the electoral votes, the choice devolves upon the house of

representatives. But in that case the house votes by states, each state

having one vote, irrespective of its number of representatives, and the

choice is made from the three candidates standing highest on the

list.[65] A quorum for the election of a President by the house consists

of a member or members from two thirds of the states, and the vote of a

majority of all the states is necessary to a choice.

[65] It was from the five highest before the adoption of the Twelfth

Amendment in 1804.

_Objections to Election by the House._--The objections to this method of

choice are obvious. It is undemocratic, because the house on which the

choice would devolve in any case would be, not the new house chosen at

the recent election, but the old house, which might indeed, as has often

happened, be in the hands of the political party defeated at the late

election. In the second place, under such a scheme, New York with a

population over 100 times as great as that of Nevada would have no

larger share in choosing the executive. In 1873, for example, had the

choice devolved upon the house, it would have been possible for 45

members (being a majority of the representatives of nineteen states) to

determine the choice in spite of the wishes of the other 247 members.

Finally, the state delegations in the house might be equally divided

politically, and hence fail to elect.[66]

[66] This would have happened in 1912; 22 state delegations were

Republican, 22 were Democratic, and 4 were equally divided.

_Instances of Choice by the House._--Twice has the electoral college

failed to make a choice, thus giving the election to the house of

representatives.

In 1801, there was a tie between Jefferson and Burr, each having the

vote of a majority of the electors. There were then sixteen states, of

which eight voted for Jefferson, six for Burr, and two were evenly

divided. On the thirty-sixth ballot the two divided states voted for

Jefferson and he was elected, as the electors had originally intended.

The second instance occurred in 1825, when the electoral vote stood as

follows: for Jackson 99; for Adams 84; for Crawford 41; and for Clay 37,

no one having a majority. Under the Twelfth Amendment Clay was dropped

from the list and the choice was confined to the three highest

candidates. There were then twenty-four states, and of these the

representatives of thirteen voted for Adams, seven for Jackson, and four

for Crawford.

=Election of the Vice President by the Senate.=--The Constitution also

provides that if no candidate for Vice President receives a majority of

the electoral vote the choice shall devolve upon the senate, in which

case the election shall be made from the two highest on the list. Two

thirds of the senate constitute a quorum for this purpose, and a

majority of the whole number is necessary to a choice. Only once has the

choice devolved upon the senate, namely, in 1836, when Richard M.

Johnson, candidate for Vice President on the ticket with Mr. Van Buren,

failed to receive a majority of the electoral vote. He was promptly

elected by the senate.

=Methods of Nomination.=--Neither the Constitution nor the laws of the

United States make any provision in regard to the nomination of the

candidates for President and Vice President. That is left entirely to

the regulation of the political parties themselves. In the early history

of the republic, before political parties had risen, no nominating

machinery was devised, for none was needed.

_Early Methods._--With the rise of political parties, however, the

method of nomination by congressional caucus was introduced; that is,

the members of Congress belonging to each political party assumed the

power of selecting its candidate in secret conclave. In this way

Jefferson was nominated by the Republican members of Congress in 1800

and 1804, Madison in 1808 and 1812, and Monroe in 1816 and 1820. In the

same way the Federalist members put forward their candidates. In some

cases, however, presidential candidates were nominated by state

legislatures. In the course of time, strong opposition grew up against

the method of nomination by members of Congress, and after 1824 the

caucus system was never again resorted to. The new nominating machinery

which took its place was the national convention, which came into use

between 1831 and 1840.

=The National Convention.=--A national convention to nominate candidates

for President and Vice President is composed of delegates from each

state and territory in the Union, the number to which each is entitled

being usually twice its number of senators and representatives in

Congress.[67] Altogether the national convention consists of about 1,000

delegates. For each delegate there is an alternate who attends the

convention and in case of the absence of the delegate, takes his place.

[67] Apportionment of delegates among the states on the basis of their

representation in Congress bears no relation to the party strength. For

some years there has been a growing sentiment in the ranks of the

Republican party in favor of reducing the representation in the

national convention of the Southern states where the Republican party

is practically nonexistent. In December, 1913, the Republican national

committee adopted a resolution prescribing that representation in the

national convention of 1916 should to a certain extent be based on the

number of the voters of the party in each congressional district. The

effect was to reduce the number of southern delegates by eighty-seven,

and the number of northern delegates by seven. The basis of

representation in the Democratic convention, however, remains

unchanged.

Formerly the four delegates-at-large of each party were chosen by the

state convention, and the other delegates by congressional district

conventions. When direct primary laws were introduced, some states

provided that the latter delegates should be selected by the voters of

each party at the primary, leaving the delegates-at-large to be chosen

as formerly by the state convention. In 1912 a number of states passed

what are known as "presidential preference primary" laws under which

delegates to the national conventions of that year were chosen. Some of

these laws permit the voters to choose their delegates to the national

convention but without allowing them to indicate their preference for

any presidential candidate; others allow a direct expression of the

popular preference for presidential candidates but make no provision for

binding the delegates to nominate the candidate preferred by the

majority of the voters; some, however, provide both for an expression of

the popular preference and for binding the delegates to the national

convention. More than one third of the states now have laws of one or

another of these three types.

_The Time and Place_ for holding the national convention are fixed by

the national committee. The date usually falls in the latter part of

June or early in July of the year the President is to be elected, and

the place is usually some large city centrally located.

=Procedure of a National Convention.=--The convention is usually held in

some spacious building especially erected for the purpose. Besides the

delegations of the states, there are the alternates, hundreds of

politicians who are not delegates, newspaper reporters, and thousands of

spectators from all parts of the country, for all of whom accommodations

are needed.

_Organization of the Convention._--The convention is called to order by

the chairman of the national committee, and the secretary of the

committee reads the call for the convention. Next come the choice of a

temporary chairman, and the appointment and report of committees on

credentials, on permanent organization, on rules, and on resolutions

much as in the state conventions described on pp. 153-155.

_The Platform_ is a series of resolutions commending the national

administration, or denouncing it, as the case may be, and setting forth

the position of the party on the political issues of the day.

Declarations are often made in the platform to attract or conciliate

large masses of voters, sometimes when there is no real intention of

carrying them out. The platform is usually adopted by the convention as

reported by the committee on resolutions, but sometimes important

changes are made on the floor after a spirited contest.

_The Nominations._--After the adoption of the platform, the nomination

of candidates for President is in order. The clerk calls the roll of the

states in alphabetical order so that each is given an opportunity to

present the name of its choice. The vote is then taken by a roll call of

the states, the chairman of each state delegation usually announcing the

vote of the state. Under the rules of the Republican party the delegates

vote as individuals, so that the vote of a state is often divided

between two or more candidates, unless the conventions which appointed

the delegates have instructed them to cast the vote of the state for a

particular candidate. According to the "unit rule" of the Democratic

party, the state delegations vote as units and not as individuals, so

that there is no division of a state's vote; the majority of each

delegation determines how the votes of the state shall be cast.[68] The

rules of the Democratic and Republican parties also differ in the

majority necessary to nominate a candidate.

[68] The convention of 1912 excepted certain states from this rule.

_The Vote Necessary to Nominate._--According to the rules of the

Republican party, a majority of the delegates is sufficient to

nominate, but under the rules of the Democratic party the concurrence of

two thirds of the delegates is required. Thus if there are 1,000

delegates in the convention, 501 may nominate under the Republican rule,

while 667 would be required under the rules of the Democratic party. The

large majority necessary to nominate in the Democratic convention has

often resulted in the defeat of the leading candidate and the nomination

of a "dark horse," that is, a candidate whose name has not been

previously presented to the convention or which has not been prominently

kept before it. Presidents Polk and Pierce were nominated in this way.

_Nomination of Vice President._--Usually there is little contest over

the nomination of the Vice President, the nomination usually being given

to some one supported by a defeated faction or group of the party, or to

a particular section of the country. Thus if the presidential nomination

goes to an Eastern man, the vice presidential nomination is likely to be

given to a Western man. In view of the comparatively large number of

Presidents who have died in office it is to be regretted that so little

consideration is given to the nomination of candidates for Vice

President.

_Notification of the Candidates._--The candidates are formally notified

some weeks later by a committee specially appointed for the purpose. The

nominee in a formal speech accepts the nomination and pledges himself to

support the platform. Usually this is followed by a letter of acceptance

in which the views of the nominee are elaborated more at length. This

completes the formalities of nomination, and the next step is to

inaugurate the campaign for the election of the nominees.

=Conduct of a Presidential Campaign.=--_The National Committee._--The

main task of managing the campaign falls on the chairman of the

national committee. This committee is made up of one member from each

state and territory, and is chosen by the national convention which

nominates the candidates.[69] The chairman is usually an experienced

political leader with a wide acquaintanceship, and is a trusted friend

of the presidential candidate, by whom, in fact, he is usually selected.

[69] In reality each state delegation names one of its own number as

the national committeeman from the state, and the committee thus

constituted is appointed by the convention.

Soon after the adjournment of the convention, the national committee

meets and organizes. In addition to the national chairman a treasurer

and a secretary are chosen. The treasurer raises and has custody of the

enormous funds expended in the conduct of the campaign. As the national

chairman may be compared to a general who commands the forces, the

treasurer is the man who raises the sinews of the war.

_Work of the National Committee._--The headquarters of the committee are

usually established in New York city, with branch offices in Chicago or

Washington, though during the campaign of 1908 the principal

headquarters were located in Chicago. The work of the committee is

usually divided among bureaus or divisions, one of which has charge of

the mailing of campaign literature, another is engaged in the tabulation

of reports, another looks after the employment and assignment of

speakers, another has charge of the organization of voters' clubs

throughout the country, etc.[70] Large quantities of campaign literature,

consisting of a "Campaign textbook," speeches of the candidates or of

members of Congress, pamphlets, leaflets, posters, lithographs, and in

fact everything calculated to influence the voters, are sent broadcast

throughout the country and particularly in the close or doubtful states

where the principal efforts of the committee are concentrated.[71]

[70] In 1908, the Democratic national committee had a labor bureau to

look after the labor vote, and a committee on college men's clubs to

look after the organization of college students into voters' clubs.

[71] In 1908, more than one million copies of Mr. Bryan's speech "Shall

the People Rule" were distributed, printed in all languages spoken in

the United States. Another million copies of his speeches on the

trusts, the tariff, guarantee of bank deposits, and injunctions were

also circulated.

_Activity of the Presidential Candidate._--Formerly it was not

considered proper for the presidential candidates themselves to take an

active part in the campaign by traveling about the country and making

speeches, but in recent years there has been a change in this respect.

Mr. Bryan in 1896 traveled about the country and delivered hundreds of

speeches in behalf of his candidacy, and he pursued a similar course in

1900 and again in 1908 when he was the Democratic candidate. In the

latter year, Mr. Taft, the Republican candidate, likewise entered

actively into the campaign and delivered more than 400 speeches in

thirty different states. In 1912 Mr. Wilson and Mr. Roosevelt made

extensive campaign tours and delivered many speeches. Similar tours were

made in later campaigns.

=Raising and Expenditure of Campaign Funds.=--The management of a

national political campaign requires the expenditure of large sums of

money for printing, postage, telegrams, express, rent of halls, music,

expenses of speakers, organizing clubs, and the like. This money is

spent solely under the direction of the national chairman, who until

recently was not required to render an account of the moneys contributed

for this purpose.

_The Raising of Campaign Funds._--Prior to 1884 the expenditures on

account of a national campaign were comparatively small and were raised

by the party in power largely by assessments on federal office-holders;

but the civil service law enacted in the year previous forbade

assessments of this kind and thus cut off an important source of supply.

More attention then began to be turned toward the great corporations,

many of which desired to become the beneficiaries of special legislation

or to secure immunity from government interference with the management

of their business. In a recent campaign, one corporation, a life

insurance company, contributed $200,000; one railroad company gave

$100,000; and many others $50,000. Sometimes a corporation contributes

equally to the campaign funds of both parties, on the principle that it

is a wise policy to be on good terms with each.

_Contributions of Corporations now Forbidden._--The raising and spending

of so much money as a part of the process of electing a President has

recently given rise to a demand that the sources of national campaign

contributions should be made public. Moreover, it is coming to be

regarded as an evil that the large corporations who desire beneficial

legislation or immunity from prosecution should have become the chief

contributors to campaign funds. This feeling led to the enactment by

Congress in 1907 of a law forbidding national banks and other

corporations which have charters granted by Congress, from making

contributions to the campaign funds of any party at any election,

national, state, or local. The law also prohibits any corporation,

whether chartered under the authority of the national government or not,

from making campaign contributions at any election at which the

President of the United States or any member of Congress is to be

chosen.

_Publicity of Campaign Contributions._--In 1910 Congress passed a law

requiring the treasurer of each national party committee to make and

publish after the election a sworn statement showing every contribution

of $100 or more received by him, every expenditure of $10 or more, and

the totals of all other contributions and expenditures.

Finally, in 1911, Congress went still further and passed a law requiring

the publication of such statements _before_ the election. The elections

affected by these acts are those of President and members of Congress.

The act of 1911 forbids any candidate for representative to spend or

promise more than $5,000, and any candidate for senator more than

$10,000, in his campaign. And such candidates are required to file

statements of all campaign receipts and expenditures.

=The Succession to the Presidency.=--The Constitution declares that in

case of the removal of the President from office, or of his death,

resignation, or inability to discharge the powers and duties of his

office, the same shall devolve upon the Vice President. In case of the

removal, death, resignation, or inability of both the President and the

Vice President, Congress is authorized to provide for the succession.

The only way in which the President may be removed is by impeachment and

conviction. President Johnson was impeached, mainly for the violation of

the tenure of office act, but the senate failed by one vote to convict

him. Had he been convicted the office would have been declared vacant.

There has been no instance of the resignation of a President.[72] Five

Presidents have died in office: Harrison, Taylor, Lincoln, Garfield, and

McKinley. In each case the dead President was succeeded by the Vice

President. No case of inability to discharge the duties of the

presidential office has ever been construed as existing, though in fact

such a case existed from July 2, 1881, when President Garfield was shot,

to September 19, when he died. A similar case existed during the period

in which President McKinley lingered on his deathbed, from September 6

to September 14, 1901. In neither case did the Vice President assume the

reins of office until death had made the office vacant. Likewise during

President Wilson's serious illness in 1919-1920, the Vice President did

not act.

[72] John C. Calhoun resigned the Vice Presidency to become a senator

from South Carolina. The statutes provide that the President shall

signify his resignation, in case he resigns, by a letter to the

secretary of state.

_Succession Law of 1792._--Congress provided by law in 1792 that in case

of the removal, death, resignation, or inability of both the President

and the Vice President, the president _pro tempore_ of the senate should

succeed, and after him the speaker of the house. There were several

practical and political objections to this arrangement, however. In the

first place, there might be considerable periods of time when there was

no president _pro tempore_ of the senate or speaker of the house, and

consequently no one to succeed in case of a vacancy.[73] Another

objection to the law--political in character--was illustrated by the

situation that existed in 1886. The Democratic Vice President Hendricks

had died, and in case the presidential office had become vacant it would

have been filled by a Republican president of the senate. Thus the

executive branch of the government would have passed from the hands of

the party that had carried the country at the last election, to the

other party, merely by the death of a public officer.

[73] From March 4 to October 10, 1881, there was no president of the

senate, and from March 4 to December 15 of the same year there was no

speaker, the new house not having met and organized. Had Vice President

Arthur died before Mr. Garfield's death there would have been no one to

succeed to the vacancy until October 10, when a new president _pro

tempore_ of the senate was chosen.

_Succession Act of 1886._--In 1886 Congress changed the law so as to

give the succession to the presidency to the members of the cabinet, in

the order of the creation of their departments, in case of the death or

removal of both the President and the Vice President. As the members of

the cabinet usually belong to the same party as the President and Vice

President, the office in such a contingency would remain in the control

of the party which elected the President at the last election. No

special provision has yet been made, however, in regard to the

succession in case the President elect and Vice President elect should

die after their election by the electoral college on the second Monday

in January and before their inauguration on the 4th of March. The

electoral college could not be reconvened because it becomes _functus

officio_ immediately after electing the President. As the law stands,

the succession would probably go to some member of the old cabinet, who

might be of the opposite party. In such a case, however, Congress might

provide for a special presidential election.

=References.=--ANDREWS, Manual of the Constitution, pp. 166-177.

BEARD, American Government and Politics, ch. ix. BRYCE, The

American Commonwealth (abridged edition), chs. vi, vii, lii-liv.

FULLER, Government by the People, ch. vii. HARRISON, This Country

of Ours, chs. iv-v. HART, Actual Government, pp. 261-267. HINSDALE,

American Government, chs. xxix-xxxi. STANWOOD, History of the

Presidency. WOODBURN, The American Republic, pp. 116-136.

=Documentary and Illustrative Material.=--1. Congressional

Directory. 2. Copy of the call for a national convention. 3.

Addresses of the temporary and permanent chairmen of the last

national convention. 4. The Democratic and Republican campaign

textbooks. 5. Copy of the election returns. 6. Specimen ballots

containing the names of candidates for presidential electors.

RESEARCH QUESTIONS

1. How many votes is your state entitled to in the electoral college?

What proportion of the total electoral vote is that? Can you give the

names of any of the presidential electors from your state at the last

election?

2. What was the popular vote received by the Republican candidate for

President in your state at the last election? By the Democratic

candidate?

3. Name the Presidents who received only a minority of the popular vote.

4. Suppose a vacancy should occur in the electoral college of a state by

the death of an elector, is there any way by which it could be filled?

5. Suppose the candidate for President should die after the popular

election in November and before the meeting of the electors in January,

for whom would the electors cast their vote? Have there been any actual

instances of this kind?

6. Suppose the President elect should die before the votes are opened

and counted by Congress, who would be declared President?

7. Have there been any instances since 1820 in which a presidential

elector voted against the candidate of his own party?

8. What would be the principal advantage in extending the term of the

President and making him ineligible to succeed himself?

9. Do you think the custom a wise one which prohibits the President from

serving more than two terms?

10. What were the controversies at issue in the disputed election of

1876?

11. What were the objections to the method of nomination by

congressional caucus? Who was the last candidate to be nominated by this

method?

12. Tell something about the first national convention held in the

United States for the nomination of candidates for President and Vice

President.

13. How many parties nominated candidates for President and Vice

President in the last presidential election? Give the popular vote

received by each, in your state and in the country as a whole.

14. Read the platforms of each party and contrast their positions on the

leading political issues.

15. How many delegates is your state entitled to in the national

convention? Who were the delegates at large from your state in the last

Democratic national convention? In the last Republican national

convention?

16. Where did the Democratic and Republican parties hold their last

national conventions? Who was the permanent chairman of each?

17. What is your opinion of the "unit rule" followed by the Democratic

party? Of the "two-thirds" rule?

18. Do you think it would be a wise rule to apportion the delegates from

each state to the national convention on the basis of the party strength

rather than on the basis of population?

19. Since the people of the territories take no part in national

elections, ought they to be allowed to send delegates to the national

convention?

20. What is your opinion of the proposal to nominate candidates for

President and Vice President by direct primary as state officials are

nominated in many states?

21. What is meant by the doctrine of "availability" in choosing

candidates for President? What presidential candidates has your state

furnished?

22. Is Mr. Bryce's assertion that great men are rarely elected President

true? If so, why?

23. Do you think presidential candidates should make campaign tours and

deliver campaign speeches?

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