The English Constitution, as it existed between 1760 and 1787, was the model of the American, but parts of it were inapplicable to the conditions in which the thirteen Colonies found themselves, and where the model failed the Convention struck out anew. The sagacity of the American statesmen in this creative work may well fill Englishmen, so Sir Henry Maine wrote, "with wonder and envy." Mr. Bryce's classification of constitutions as flexible and rigid is apt: of our Constitution it may be said that in the main it is rigid in those matters which should not be submitted to the decision of a legislature or to a popular vote without checks which secure reflection and a chance for the sober second thought, and that it has proved flexible in its adaptation to the growth of the country and to the development of the nineteenth century. Sometimes, though, it is flexible to the extent of lacking precision. An instance of this is the proviso for the counting of the electoral vote. "The votes shall then be counted" are the words. Thus, when in 1876 it was doubtful whether Tilden or Hayes had been chosen President, a fierce controversy arose as to who should count the votes, the President of the Senate or Congress. While many regretted the absence of an incontrovertible provision, it was fortunate for the country that the Constitution did not provide that the vote should be counted by the President of the Senate, who, the Vice President having died in office, was in 1877 a creature of the partisan majority. It is doubtful, too, if the decision of such an officer would have been acquiesced in by the mass of Democrats, who thought that they had fairly elected their candidate. There being no express declaration of the Constitution, it devolved upon Congress to settle the dispute; the ability and patriotism of that body was equal to the crisis. By a well-devised plan of arbitration, Congress relieved the strain and provided for a peaceful settlement of a difficulty which in most countries would have led to civil war.