lden
contest even yet, in a measure, lingers. As a Representative in
Congress at the time, I was deeply impressed with the gravity of
the situation. In the instances first mentioned it was the mere
question of the failure of any candidate to receive a majority
of the electoral votes. The framers of the Constitution had wisely
provided for such contingency by action of the House in manner
indicated. The far more serious question now confronting was, For
whom had the disputed States of Florida and Louisiana cast their
votes? The settlement of this question virtually determined which
candidate should be inaugurated President. Conflicting certificates
from the States named had been forwarded to the seat of government,
and were in keeping of the officer designated by law as the custodian
of the electoral returns from the several States. The contingency
which had now arisen was one for which there was no provision.
The sole function of the joint session of the Senate and the House
was "to open all the certificates and count the votes." This
was "the be all and end all" of its authority. Upon the arising
of any question demanding a vote, or even deliberation, the members
of the joint session could only return to their separate chambers.
They could act only in their separate capacities. In a word,
the perilous exigency presented was, the friends of one candidate having
a majority in the Senate, and of the other in control of the House;
conflicting certificates presented, upon which hinged the result, and
the tension throughout the entire country assuming alarming
proportions. Coupled with the question of peaceable succession to
the great office was that of the durability of popular government.
Tremendous issues, upon which depended unfathomable consequences, pressed
for settlement; and no tribunal was in existence for their
determination.

The sober second thought of those upon whom was then cast the
responsibility asserted itself at the opportune moment, and a
commission consisting of an equal number of Senators, Representatives,
and Judges of the Great Court was created. This commission--
extra-Constitutional, as was believed by many--decided as to the
validity of the conflicting certificates, and in effect determined
as to the Presidential succession.

The justification of the act creating the commission might well
rest upon the fact that an overshadowing emergency had arisen,
where necessity becomes the para