"Virtus post nummos.' [H. of R. electing the President, says, "It was desirable that the more insidious in its approaches. It disguises itself under sense of the People should operate in the choice of the the name of moderation, and aversion to debate and strife, person to whom so important a trust was to be confided. when it too often proceeds from a criminal indifference This end will be answered by committing the right of to those rights which our ancestors bled and died to semaking it, not to any pre-established body, but to men cure. They are men of business-they can't lose the (electors) chosen by the People, for the special purpose, and chance of turning a penny to promote any public meaat the particular conjuncture." "A small number of per- sure. It would seem, sir, as if some of them had taken, sons (electors) chosen by their fellow citizens from the gene-in earnest, the sarcastic advice of the Roman satirist— ral mass, will be most likely to possess the information and discernment requisite to so complicated an investigation." The language of Mr. Madison, in the Convention of Let any man look abroad-through the Union, I mean, Virginia, which assembled in 1788, for the purpose of con- and deny, if he can, that this is a faithful picture. Suresidering whether they would adopt this Constitution, is ly, sir, it requires no prophetic voice to warn us against equally, or more, clear and explicit. Instead of the Peo-so dangerous a delusion. Surely, sir, we will spare a little ple's voting immediately for President, which he thought time to listen to the "Farewell Address" of the Father of the population and extent of our territory might render his country. impracticable: "instead of this, (immediate suffrage) the People choose the electors-this can be done with ease and convenience, and the choice will be more select." If we examine the debates of this Convention, we shall find that it was so understood, also, by those who opposed the Constitution. This meaning was assumed as the basis of argument on both sides; and, if we reflect a moment on the very many able men who sat in that Convention, it would be most violent presumption to say, they were mistaken, with all their talents and all their lights. $ views of its framers plead strongly in its behalf; and although we may not now discover the evils which may result from the change, yet time-time and casualty may disclose them. But, sir, as I believe that the design of its framers has been defeated, I would hazard this amendment. I admit, sir, that it is not sufficient to show the exist ence of an evil, unless it can be remedied, either wholly or partially-but, I insist, sir, that the adoption of the District System, as proposed by the good old State I have the honor, in part to represent, so inadequately-and a direct vote, in Districts, for President and Vice President, will cure the most alarming of these evils. The Constitution, by interposing the electoral colleges, undoubtedly intended that they should exercise a sound discretion in the choice of a President-they were "to analyse his If we assume, then, that this was the intention of the qualifications, and judiciously combine motives of choice." Constitution, let us see what has been its operation. Have Fed. No. 68. But, sir, the People of this country, as has the People chosen the electors? I ask this question, Mr. been shown in this debate and elsewhere, have not been Chairman, in the name of my constituents, and I wish an content with simply the right of originating the Colleges, explicit answer. From the omission in the Constitution even when committed to them by their State Legisla to prescribe a specific mode, (which I think I shall be tures-they have always required a pledge, or some eviable to show, if my strength will permit, was done inten- dence, of the Elector or Electors, for whom they intendtionally and wisely)-from this omission, I say, sir, a ed to give their ultimate vote, before they would give great latitude of construction and a great diversity of their vote to him or them. Here, then, sir, the intention practice has originated. In some States the Legis- of the Constitution has been manifestly defeated-this fatures appoint-in some the general ticket system seems to be a case in which experience suggests amendprevails-in some few the district system—and in others ment. The People, sir, although they will hear argua compound of some two or all of these modes. My ho- ment and reason, yet will finally judge for themselves. norable friend from South Carolina, (Mr. MCDUFFIE) has But even here I would lay my hands on this venerated indepicted the mischiefs of this confused and unsettled sys-strument with great reluctance. The pure and enlightened tem, in such strong and glowing colors, that I cannot presume to add any thing to their effect. It is true, sir, that, by the present mode, combinations may be, and have been, formed, which have prevented a fair expression of the popular will. The People are called upon to vote a ticket, (under the general ticket system,) containing 15, It would have, sir, I think, the effect of rousing the 24, or 36 names-to vote for, to choose persons, of whom People from their torpid quietism; it will make them they may never have heard before-of whose qualifica- feel that their voice is heard that their vote is felt; and tions they have never had an opportunity of judging the voting directly and immediately for the man of their whose integrity has never been tested-and if this ticket choice, will of itself be productive of a lively satisfaction. had dropped from the clouds, they must take it or lose They will then know that their vote is given as they wishtheir vote. Call you this choice, sir? I always thought, ed it should be, and is beyond the control of any political sir, that choice involved selection of one or more from legerdemain. They will not be agitated by the merits of others" from the general mass"-that it involved know- the several electoral candidates, but their eye will repose ledge, comparison, voluntary preference, and was a right singly on the man of their ultimate choice. I understand of more or less value, according to the importance of its a case has occurred in Maryland, where there were two object. What temptation and opportunity is presented, electoral candidates for the same Presidential candidate, by this system, for intrigue and management! What apa- and one for another Presidential candidate, and although thy and indifference are manifested by the People, for the district gave a large majority for the Presidential can1 such a feeble and dubious exercise of this great Constitu- didate who had two friends as electoral candidates, yet the tional privilege! Even under the excitement of the late third candidate obtained the greatest plurality, and thus election, how many neglected the exercise of this right! the vote of the district was given to that candidate for And, should it not be, sir, the policy of every wise Go- the Presidency, against whom there was a large majority. vernment to interest its citizens in its organization? Un- This cannot happen when the People vote directly for der the present system, how many worthy citizens re- the President. An honorable gentleman from New York, main at home, under the paralyzing influence of a convic- (Mr. STORRS) has asked those who contend for this extion that they can do no good-that the election is in the pression of the popular will in this mode-why not extend hands of the cunning few, and that it is a mere mockery for the principle? and has alluded to a species of populathem singly-without concert; without the animation de- tion which, without being citizens, is counted in estimatrived from a prospect of success, to pretend to withstanding the ratio of representation from the Southern States. the disciplined cohorts opposed to them. This lethargy Sir, if he had shewn us that this amendment would have is almost worse than faction itself. It is more secret-conferred any additional power on these States, the obser vation would have had some bearing; or if he had shewn that they would have derived any peculiar advantage, it would have been more plausibly introduced into debate; but as it is-whatever it may be-it is not an argument. The honorable gentleman from Virginia, who spoke first, (Mr. ARCHE) has discoursed with much State pride on the freehold-viva voce suffrage of Virginia. He has told us that the mode of voting by ballot is a sneaking way; that they "sneak up to the polls," and that he would exile himself if the freehold qualification was abolished in Virginia. Now, Mr. Chairman, I have understood that a large portion of the citizens of Viginia, particularly in the West, are very anxious to have their Constitution amended in order to be permitted to exercise the elective franchise; but, perhaps, after the honorable gentleman's threat to leave them if they do, they may desist. I imagine, sir, that it would be an easy matter for any other State to give her citizens the same independence as the citizens of Virginia have, by adopting the same mode-by making a freehold necessary to vote, and by protecting that freehold from the payment of debts; they might then, sir, be so independent as not only to tell a candidate viva voce, that they would not vote for him-but also, that they would not pay him a just debt-and that too "viva voce," sir. But, sir, with the right of suffrage, the Constitution has laudably omitted to interfere; nor does this amendment seek to interfere. The Constitution has omitted it, sir, as I said, for the wisest reasons. [ March 13, 185 Congress, which assembled for the first time at Cen ter's Hall, in Philadelphia, on the 5th September, 274; its object was to provide for the emergency occasered by the differences with the mother country; to une te resources of all the English Colonies; and to adopt sara common measures for the redress of their grievances and establishment of their rights, as their situation required and allowed. The Delegation of each Colony had ur vote; and although their powers were enforced by a higher sanction than mere recommendation, vet never were imperial decrees more implicitly obeyed. The were, in fact, nothing more than a Congress of Ambass dors. It was, however, soon discovered, as the enthus asin and zeal for liberty subsided, that all government must depend, for support and obedience, upon poser, and must be able to address its mandates to other pas sions and interests than those of patriotism and love of the public weal. As early as June, '76, measures vert taken to form a Confederated Government, and in Norenber, '77, Congress solemnly declared, that it could no i ger be deferred, but was essential to their very existence as a free People. Hence originated the Articles of Confederation, which were not finally adopted by all the States till March, 1781. By these, each State had one vote-and that distinguishing feature of a confederate: government, that it operated upon States, instead of i dividuals, was preserved. There were many other de fects, unnecessary here to be enumerated-iii a ward, c was justly termed "a rope of sand," and a more eith The requisites to the right of suffrage are very differ-getic government was loudly demanded by the wants and ent, in the different States, and even in adjoining States; in Virginia, as we have seen, none but freeholders can I will not impose upon the patience of the Committer, vote-in North Carolina, sir, it is the birthright of every by attempting to detail the occurrences which led to the freeman. If, therefore, the Constitution had attempted convention of Delegates at Philadelphia, in May, 1787; to fix an uniform rule on this subject, the strange anomaly but, sir, I deem it very material to a just conception of the might have been presented of a man's voting for the nature of our Constitution, to view it in its rude outlines highest officer in the Union, who could not vote for the and imperfect state-to examine it in its progressive lowest State officer. It might also have interfered mate- shapes through the Convention-at least those features of rially with the polity of a State. This amendment, there- it which are now under discussion. This Convention, se, fore, sir, does not at all interfere with State rights: their had several plans before them; one proposed by Edoend quantity of power remains the same : its ratio of adjust- Randolph of Virginia, and called the Virginia plan: by ment is not disturbed-and either with regard to the this it was proposed that the President should be elected Union, or each other, they preserve the same relative by the National Legislature. In the plan proposed by rights. It will also prevent the arraying of State against Charles Pinckney, of South Carolina, it was not stated in State-as the supporters of the President will be diffused what manner he should be elected. The New Jersey through the Union; unreasonable jealousies will thus be plan, offered by Mr Paterson, proposed that he should prevented, and sectional feelings and appellations, against be elected by the United States in Congress. Col. Hamwhich the Father of his Country entertained so much ap-ilton's plan proposed that he should be elected by Elecprehension, will be deprived of one of their most power- tors, chosen by the People in Districts. fully exciting causes, and it may well be doubted, whether any citizen of any State, with an American feeling, would not greatly prefer that the candidate of his choice should be President, than that his State should give an undivided vote. I will now pass, sir, to the other branch of the proposed amendment. Shall the power of electing the President and Vice President, in the last resort, be taken from the House of Representatives? Upon this amendment, I confess, sir, I have entertained great and serious doubts; and these, sir, have arisen from an investigation which I have endeavored to make of the genius and spirit of our Constitution, and the principles of compromise upon which it was founded. I came to the conclusion that I would abstain from this alteration-as far as I am concerned-at least until I have more lights and experience. By leaving it as it is, we leave it as it has existed and flourished for half a century, and as our ancestors bequeathed it to us. I will, however, sir, endeavor to disclose the reasons which have led me to this conclusion, which I must do in a brief and hurried manner, as my laboring breast has already repeatedly admonished me to cease. The first General Government of American origin was composed of that illustrious body, the Old Continental wishes of the American People. By the draft of a Constitution reported by a Committes of five, consisting of Messrs. Rutledge, Randolph, Ger ham, Ellsworth, and Wilson, on the 6th August 87, be was to be elected by ballot by the Legislature. On the 4th September ensuing, a grand Committee of eleven, one from each State, to whom the subject had been referred, reported a plan by which the mode, as it origially stood in the Constitution, was recommended, except that, if no one of the candidates had a majority, the &nate were to choose from the five highest on the list. A motion was made in Convention to substitute the House of Representatives for the Senate, with the qual fication of the Delegation from each State having an equal vote, (one.) For this proposition, sir, there were tes States; and against it, but one-and that one, Mr. Chairs man, was the State which has the honor to be represent ed by you, (Delaware) the smallest in the ConventiceThis brief survey will show that this adjustment was nuŚĆ thoroughly considered "Tantæ molis erat, condere gentem.” The proposition that the Senate should elect, peints clearly to the State power; and this qualification beag retained when it was transferred to the House of Repr INDEX TO THE DEBATES IN THE SENATE. Accountability of Public Officers, bill to secure, taken | Army, bill to increase the compensation of captains in proposal to strike out 3d section, negatived, 77. bill resumed, 367. further amendments, negatived, 367, 368. bill, as amended, ordered to a third reading, 368. debate thereon, 369 to 371. amended and adopted, 371. See Session. Alabama, bill assenting to an act of, for improving the debate on call for information relative to vine and motion to strike out 1st section, providing for the to strike out privilege to draw lotteries, negatived, referred to a committee of nine, 19. debate thereon, 77, 78, 692 to 696. resolution to render the President United States debate thereon, 374 to 384. former propositions on this subject, 375, 376. joint resolution read a third time, 405. bill, as amended, passed to a third reading, 135. for Indian Department. See Indian Department. motion to strike out the appropriation for continu- bill ordered to a third reading, 365; passed, 366. the, laid on the table, 753. Baltimore, bill for the relief of sundry citizens of; order- Bankruptcy, resolution on establishing a uniform system referred to the Committee on Imprisonment for bill reported, 108, 109. taken up; motion to postpone indefinitely, 643. motion to postpone indefinitely, 671; debate bill laid on the table, 687. Canal, Dismal Swamp. See Dismal Swamp Canal. Coasting trade and fisheries, bill relative to, taken up, 26. Commerce, protection of. See Naval Force. treaty, Senate insists on its amendment to the ap- debate on the report of the Committee of Con- resolution for the Senate to insist on its amend- ment, 769. amended and adopted, 781. report of committee resumed and agreed to, 785. Cumberland road, debate on appropriation for continu. bill for continuing, 689; read first time, 691. resolution to cede the road to the States, laid on Senate refuses to take up the bill, 782, 784. Customs, debate on supplementary bill to establish the bill recommitted with amendments, 688. Deaf and Dumb, debate on bill granting lands to the amendment, 371; bill ordered to 3d reading, 372. Delassus, Don C. D., bill for the relief of, twice read and resumed and laid on the table, 697. Desertion, bill to prevent, 36, 37. debate on filling the blanks, 37, 38. additional section proposed, 38. debate thereon, 38 to 40; negatived, 40. origin, progress, and effect of, 70 to 76. debate on abolishing those on British colonial ves- taken up, 708, amended and laid on the table, 709. origin and progress of the, 710 to 712. Duncan, Lieut. S., debate on resolution of the House of Duties, discriminating. See Discriminating Duties. Education and Internal Improvement, resolution offered Chair decides that the question is not debatable debate renewed; motion carried, 137. bills ordered to a second reading, 672. bill to regulate the publication of the laws, &c. Executive powers. See Panama and President U. S. Flaget, B. I., bill for the relief of, ordered to a third Florida, bill to amend acts for the Territorial Govern- debate on proposed amendment to divorce laws amendment negatived, 645. call for information on the compensation to Mem- Canal, memorial of the Commissioners of the, re- bill for a survey and estimate of, referred, 31, 32. amendment offered, 90; debate thereon, 90 to bill ordered to a third reading, 108. Indians, bill for the relief of the, amended and Senate insists, but subsequently recedes from its wrecks. See Wrecks. Forbes's purchase, bill concerning, debated and laid on the table, 590. Gaillard, John, annunciation of the death of, 110. Georgetown, bill taken up to authorize a bridge over amended and ordered to a third reading, 707. bill amended and rejected, 698. bill amended and ordered to a third reading, 45. debate thereon, 7 to 10. amendment including a system of bankruptcy, 12 committee ordered to consist of seven, 10. Indiana, debate on bill granting land to aid a cans! in, on amendment offered, 704. Indian Department, appropriation bill for, taken up, 366, bill ordered to a third reading, 367. bill to regulate the salaries of officers in the, ap Indian lands within the States, an asylum for debt- resolution authorizing process against residents concurred in, 366. Indian title in Alabama, resolution on the subject of ex- Internal Improvement, resolution relative to the power resolution offered to distribute $3,000,000 annually Judiciary, debate on amending the acts regulating pro- resolution on amending the Judicial system, 15. bill from the House of Representatives, further to two additional sections proposed, 423. motion to reduce the number of additional judges bill reported, and amendment made in Committee amendment disagreed to by the House of Repre Panama mission, resolution of the Committee of Foreign debate thereon, 152, to 341. report of Secretary of State on, 333. Reed, Mr., asks to be excused from voting, 341 to 343. two resolutions offered in secret session and with- debate on protesting against the competency of resolution modified, 404, 405; postponed, 405. proposed amendment, 641, 642. debate thereon, 666. negatived, 667. bill ordered to a third reading, 667. Pascagoula, bill for improving the harbor of, ordered to Penitentiary in the District of Columbia, bill for erecting Pensioners, bill providing for, ordered to a third reading, committee discharged from further consideration Porter, Commodore, call for proceedings of the Court proceedings of courts, and letter of T. Randall, report of committee, 50, 51. debate thereon, 56 to 65. extracts from letters of Messrs. Randall and Moun- from the orders, of the Secretary of the Navy, 58, report recommitted, 65. 59. Navy, supplementary bill for the gradual increase of the, Post Office Department, resolutions concerning the, 755. ordered to a third reading, 709. call for information on the subject of obtaining seamen for the, 782. Negro slavery in South America, call for information on, motion to postpone, 115. resolution laid on the table, 132. Officers of the Senate elected, 10. 113. of the Senate and House of Representatives, bill Ohio lands, proceedings on bill for quieting purchasers, river, debate on, call for information relative to compact between Ohio and United States, 65 to 67. Old Point Comfort, committee discharged from further Order, points of, decided, 136, 142, 405, 572, 573, 757, Panama mission, confidential proceedings on, 142 to 152. injunction of secrecy removed, 152, 346, 366. President of the United States, resolution to render him debate on protesting against his competency to resolution modified, 404, 405. debate resumed, 589, 597 to 619, 623 to 640. President pro tem, elected, 785. Public Buildings, appropriation bill for, amended and motion to reconsider, negatived, resumed, 786. Chair decides that they are not in order, 786. to lay on the table, 786; negatived, 787. bill passed and sent to House of Representatives, 787. |