rival governments. Ballots for Tilden and
ballots for Hayes were sent in at the same time from these states, and
in the absence of any recognized means of determining which ballots to
count, the two parties in Congress submitted the result to arbitration.
An "electoral commission" was created for the occasion, composed of five
senators, five representatives, and five judges of the supreme court;
and this body decided what votes were to be counted. It was a clumsy
expedient, but infinitely preferable to civil war. The question of
conflicting returns has at length been set at rest by the act of 1887,
which provides that no electoral votes can be rejected in counting
except by the concurrent action of the two houses of Congress.

[Sidenote: Presidential succession.]
The devolution of the presidential office in case of the president's
death has also been made the subject of legislative change and
amendment. The office of vice-president was created chiefly for the
purpose of meeting such an emergency. Upon the accession of the
vice-president to the presidency, the Senate would proceed to elect its
own president _pro tempore_. An act of 1791 provided that in case of the
death, resignation or disability of both president and vice-president,
the succession should devolve first upon the president _pro tempore_ of
the Senate and then upon the speaker of the House of Representatives,
until the disability should be removed or a new election be held. But
supposing a newly elected president to die and be succeeded by the
vice-president before the assembling of the newly elected Congress; then
there would be no president _pro tempore_ of the Senate and no speaker
of the House of Representatives, and thus the death of one person might
cause the presidency to lapse. Moreover the presiding officers of the
two houses of Congress might be members of the party defeated in the
last presidential election; indeed, this is often the case. Sound policy
and fair dealing require that a victorious party shall not be turned out
because of the death of the president and vice-president. Accordingly an
act of 1886 provided that in such an event the succession should devolve
upon the members of the cabinet in the following order: secretary of
state, secretary of the treasury, secretary of war, attorney-general,
postmaster-general, secretary of the navy, secretary of the interior.
This would seem to be ample provision against a lapse.

[Sidenote: Origin