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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 satiristral 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.

I admit, sir, that it is not sufficient to show the existence 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 qualifications, and judiciously combine motives of choice." Fed. No. 68. But, sir, the People of this country, as has been shown in this debate and elsewhere, have not been content with simply the right of originating the Colleges, even when committed to them by their State Legisla tures-they have always required a pledge, or some evidence, of the Elector or Electors, for whom they intended to give their ultimate vote, before they would give their vote to him or them. Here, then, sir, the intention of the Constitution has been manifestly defeated-this seems to be a case in which experience suggests amendment. The People, sir, although they will hear argument and reason, yet will finally judge for themselves. But even here I would lay my hands on this venerated instrument with great reluctance. The pure and enlightened 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.

If we assume, then, that this was the intention of the Constitution, let us see what has been its operation. Have the People chosen the electors? I ask this question, Mr. Chairman, in the name of my constituents, and I wish an explicit answer. From the omission in the Constitution to prescribe a specific mode, (which I think I shall be able to show, if my strength will permit, was done intentionally and wisely)-from this omission, I say, sir, a great latitude of construction and a great diversity of practice has originated. In some States the Legislatures appoint-in some the general ticket system prevails in some few the district system-and in others a compound of some two or all of these modes. My honorable friend from South Carolina, (Mr. McDUFFIE) has depicted the mischiefs of this confused and unsettled system, 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 cansuch 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. STORNS) 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 popula them 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

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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. ARCHER) 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 Virginia, 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.

The requisites to the right of suffrage are very different, in the different States, and even in adjoining States; in Virginia, as we have seen, none but freeholders can vote-in North Carolina, sir, it is the birthright of every freeman. If, therefore, the Constitution had attempted to fix an uniform rule on this subject, the strange anomaly might have been presented of a man's voting for the highest officer in the Union, who could not vote for the lowest State officer. It might also have interfered materially with the polity of a State. This amendment, therefore, sir, does not at all interfere with State rights: their quantity of power remains the same: its ratio of adjustment is not disturbed-and either with regard to the Union, or each other, they preserve the same relative rights. It will also prevent the arraying of State against State as the supporters of the President will be diffused through the Union; unreasonable jealousies will thus be prevented, and sectional feelings and appellations, against which the Father of his Country entertained so much ap. prehension, will be deprived of one of their most powerfully 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

(MARCH 13, 1826.

Congress, which assembled for the first time at Carpen. ter's Hall, in Philadelphia, on the 5th September, 1774; its object was to provide for the emergency occasioned by the differences with the mother country; to unite the resources of all the English Colonies; and to adopt such 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 one vote; and although their powers were enforced by no higher sanction than mere recommendation, yet never were imperial decrees more implicitly obeyed. They were, in fact, nothing more than a Congress of Ambassa dors. It was, however, soon discovered, as the enthusiasm and zeal for liberty subsided, that all government must depend, for support and obedience, upon power, and must be able to address its mandates to other passions and interests than those of patriotism and love of the public weal. As early as June, '76, measures were taken to form a Confederated Government, and in November, '77, Congress solemnly declared, that it could no longer 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 confederated government, that it operated upon States, instead of individuals, was preserved. There were many other defects, unnecessary here to be enumerated-in a word, it was justly termed "a rope of sand,” and a more energetic government was loudly demanded by the wants and wishes of the American People.

I will not impose upon the patience of the Committee, by attempting to detail the occurrences which led to the convention of Delegates at Philadelphia, in May, 1787; but, sir, I deem it very material to a just conception of the nature of our Constitution, to view it in its rude outlines and imperfect state-to examine it in its progressive shapes through the Convention—at least those features of it which are now under discussion. This Convention, str, had several plans before them; one proposed by Edmund Randolph of Virginia, and called the Virginia plan: by this it was proposed that the President should be elected by the National Legislature. In the plan proposed by Charles Pinckney, of South Carolina, it was not stated in what manner he should be elected. The New Jersey plan, offered by Mr Paterson, proposed that he should be elected by the United States in Congress. Col. Han ilton's plan proposed that he should be elected by Electors, chosen by the People in Districts.

By the draft of a Constitution reported by a Committee of five, consisting of Messrs. Rutledge, Randolph, Gor. ham, Ellsworth, and Wilson, on the 6th August '87, he 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 originally stood in the Constitution, was recommended, except that, if no one of the candidates had a majority, the Snate 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 quali fication of the Delegation from each State having an equal vote, (one.) For this proposition, sir, there were ten States; and against it, but one-and that one, Mr. Chairman, was the State which has the honor to be represented by you, (Delaware) the smallest in the Convention. This brief survey will show that this adjustment was most thoroughly considered

"Tantæ molis erat, condere gentem."

The proposition that the Senate should elect, points clearly to the State power; and this qualification beag retained when it was transferred to the House of Re

1

INDEX TO THE DEBATES IN THE SENATE.

Accountability of Public Officers, bill to secure, taken
up, 76.

proposal to strike out 3d section, negatived, 77.
additional section, 78; amendments thereto, 78,79.
re-committed, 79.

bill resumed, 367.

further amendments, negatived, 367, 368.

bill, as amended, ordered to third reading, 368.
Adjournment of Congress, resolution and proposed
amendment relative to the, 369.

debate thereon, 369 to 371.

amended and adopted, 371. See Session.
Agriculture, debate on appointing a committee on, 5 to 7;
adopted, 7.

Alabama, bill assenting to an act of, for improving the
river Mobile, laid on the table, 51.

debate on call for information relative to vine and
olive lands in, 782, 784.
resolution adopted, 784.

Alexandria, bill to amend the charter of, taken up, 667.
motion to strike out 1st section, providing for the
sale of lands for taxes, negatived, 667.

to strike out privilege to draw lotteries, negatived,
667.
laid on the table, 667.
Amendments to the Constitution, relative to the election
of President and Vice President, proposed, 16.
debate thereon, 16 to 19.

referred to a committee of nine, 19.
report of committee, and joint resolution twice
read, 51 to 53.

debate thereon, 77, 78, 692 to 696.
amendment offered, 692, 693.

resolution to render the President United States in-
eligible after a second term, passed to a second
reading, 19.

debate thereon, 374 to 384.

former propositions on this subject, 375, 376.
ordered to a third reading, 384.

joint resolution read a third time, 405,
debate on its passage, 405 to 407.

passed and sent to the House of Representatives,

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debate on the bill, 132 to 135.

132.

bill, as amended, passed to a third reading, 135.
for fortifications, proposed amendment to, 135.
amendment negatived; bill ordered to a third
reading, 137.

for Indian Department. See Indian Department.
military, debate on striking out sundry items from
the, 344, 345.

motion to strike out the appropriation for continu-
ing the Cumberland road, 349.
debate thereon, 349 to 364; negatived, 364.
further amendments, negatived, 352, 364.
motion to strike out the appropriation for roads
and canals, 364; negatived, 365.

bill ordered to a third reading, 365; passed, 366.
Arkansas, bill for a road in, laid on the table, 786.
VOL. II-g

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Chambers, Henry, notice of the death of, 79.
Claims on the Spanish Government, unfavorable report
on sundry, 698.

Coasting trade and fisheries, bill relative to, taken up, 26.
Columbian College, bill to exempt the Professors, Stu-
dents, &c. from militia duty, amended and order-
ed to a third reading, 590.
Commerce and Manufactures, debate on creating two
Committees, 1 to 4; adopted, 4.

Commerce, protection of. See Naval Force.
Committees appointed, 4, 7, 10, 19, 23, 665, 781.
Congress, opening of the 1st session of the 19th, 1.
Constitution, amendments to the. See Amendments.
Conversation between Messrs. Randolph and Holmes
574 to 576.

Creek Indians. See McIntosh, Wm.

treaty, Senate insists on its amendment to the ap
propriation for the, 707.

debate on the report of the Committee of Confer
ence relative to the, 766 to 781.

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 continuing.
the, 349 to 364.

bill for continuing, 689; read first time, 691.

bill for the preservation and repair of the, twice
read and referred, 765.

resolution to cede the road to the States, laid on
the table, 765.

Senate refuses to take up the bill, 782, 784.
call for information on the expenses on the, 782.
motion to take up the bill, withdrawn, 786.
to make an appropriation for, 786

Customs, debate on supplementary bill to establish the
compensation of officers of the, 687, 688.
motion to lay on the table, 688.

bill re-committed with amendments, 688.

Deaf and Dumb, debate on bill granting lands to the Ken

tucky Asylum for, 371, 372.

amendment, 371; bill ordered to 3d reading, 372:

Delassus, Don C. D. bill for the relief of, twice read and Habeas Corpus, extract from Journals of the Senate and

referred, 368, 369.

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.
debate on the principle of the bill, 40 to 50.

bill, as amended, ordered to a third reading, 50.
Discriminating Duties, bill in addition to an act concern-
ing, 70.

origin, progress, and effect of, 70 to 76.
ordered to a third reading, 76.

debate on abolishing those on British colonial ves-
sels and their cargoes, 576 to 589.
referred to the Committee on Finance, 589.
bill reported and passed to a second reading, 589,
590.

taken up, 708; amended and laid on the table, 709.
Dismal Swamp Canal, debate on subscribing to the, 710 to

origin and progress of the, 710 to 712.

720.

bill passed and returned to the House of Repre-
sentatives, 720.

Duncan, Lieut. S., debate on resolution of the House of
Representatives relative to, 671, 672.
ordered to a third reading, 672.

Duties, discriminating. See Discriminating Duties.
British colonial. See Discriminating Duties.

Education and Internal Improvement, resolution offered
to distribute $3,000,000 annually for, 77.

Executive business, debate on motion to proceed to the
consideration of, 135, 136.

Chair decides that the question is not debatable
in public session, 136.

motion negatived, 136.

debate renewed; motion carried, 137.
Executive Patronage, report of Committee on, accompa-
nied by six bills, 672.

bills ordered to a second reading, 672.

bill to regulate the publication of the laws, &c. laid
on the table, 707.

Executive Powers. See Panama and President U. S.

Flaget, B. I. bill for the relief of, ordered to a third read-
ing, 782.

Florida, bill to amend acts for the Territorial Government
of, amendment, 642.

debate on proposed amendment to divorce laws in,
642, 645.

amendment negatived, 645.

call for information on the compensation to Mem-
bers of the Legislative Council of, 346; concur-
red in, 365.

Canal, memorial of the Commissioners of the, re-
ferred, 29.

bill for a survey and estimate of, referred, 31, 32.
bill taken up, 89.

amendment offered, 90; debate thereon, 90 to
108; negatived, 108.

bill ordered to a third reading, 108.

Indians, bill for the relief of the, amended and
passed, 784.

Senate insists, but subsequently recedes from its
amendment, 786.

Wrecks. See Wrecks.

Forbes' purchase, bill concerning, debated and laid on the
table, 590.

Gaillard, John, annunciation of the death of, 110.

proceedings thereon, 110 to 112.

Georgetown, bill taken up to authorize a bridge over the

Potomac in, 706.

amended and ordered to a third reading, 707.

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Indian title in Alabama, resolution on the subject of ex-
tinguishing, 79; adopted, 80.

Internal Improvement, resolution relative to the powers
of Congress on, 20.

resolution offered to distribute $3,000,000 annually
for education and, 77.

Judiciary, debate on amending the acts regulating pro-
cesses, 11, 12.

resolution on amending the Judicial system, 13.
to extend the Circuit Courts, 14 to 16.
bill to amend the, passed to a second reading, 30
to alter the time of holding the Supreme Court,
passed to a second reading, 30.

bill from the House of Representatives, further to
amend the Judicial system, taken up, 409.
second section and proposed substitute for, 409.
debate thereon, 409 to 423; amendment adopt-
ed, 423.

two additional sections proposed, 423.

debate thereon, 424 to 463; negatived, 463.
motion to recommit with instructions, 463.
debate thereon, 463 to 525, 526 to 570; negativ-
ed, 570.

motion to reduce the number of additional Judges
to two, 570; negatived, 571.

bill reported, and amendment made in Committee
of the Whole concurred in, 571.
two additional sections proposed; negatived 571.
bill passed, 571.

amendment disagreed to by the House of Repre
sentatives reconsidered, 668 to 671.
Senate adheres, 671.

message from the House of Representatives re-
questing a conference, 688.

report of committee thereon, 691.
amendment of House of Representatives relative
to processes, amended, 784.
bill laid on the table, 784.

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passed to a third reading, 373.

Panama mission, resolution of the Committee of Foreign
Relations, 152.

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-
drawn, ordered to be inserted on the Journal,
345, 346.

debate on protesting against the competency of
the President of the United States to appoint
Ministers, 384 to 404.

resolution modified, 404, 405; postponed, 405.
appropriation bill for, reported, 641.

proposed amendment, 641, 642.

debate thereon, 666.

negatived, 667.

bill ordered to a third reading, 667.
passed, 671.

Pascagoula, bill for improving the harbor of, ordered to a
third reading, 708.

Penitentiary in the District of Columbia, bill for erecting
a, ordered to a third reading, 754.
passed, 760.

Pensioners, bill providing for, ordered to a third reading,

28.

committee discharged from further consideration
of the, 786.

Porter, Commodore, call for proceedings of the Court of
Inquiry and Court Martial, relative to, 14.
letter communicated to the Senate from, 23.
referred to Naval Committee, 24.

proceedings of courts, and letter of T. Randall,
referred to same committee, 26, 27.

report of committee, 50, 51.

debate thereon, 56 to 65,

extracts from letters of Messrs. Randall and Moun-
tain, 57, 58.

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 sea-

men for the, 782.

Negro slavery in South America, call for information on,

motion to postpone, 115.
debate thereon, 115 to 132.

resolution laid on the table, 132.

Officers of the Senate elected, 10.

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113.

debate on resolution for a survey between Balti-

of the Senate and House of Representatives, bill to
regulate the compensation of, amended and or-
dered to a third reading, 31.

Ohio lands, proceedings on bill for quieting purchasers of,
787, 788.

river, debate on, call for information relative to the
removal of obstructions in the, 24, 25.

more and Philadelphia, of a, 640, 641.

ordered to a third reading, 641.

passed, 643.

President of the United States, resolution to render him
ineligible after a second term, 19, 374, 405.
passed, 407,

debate on protesting against his competency to ap
point Ministers, 384 to 404.

resolution modified, 404, 405.

debate resumed, 589, 597 to 619, 623 to 640.
laid on the table, 642.

President pro tem. elected, 785.

school lands, debate on bill to authorize the sale Processes, See Judiciary.

of, 34 to 36, 65 to 69.

compact between Ohio and United States, 65 to 67.
motions to amend, to recommit, 69.

bill ordered to a third reading, 69.
resolution agreed to, 25.

Old Point Comfort, committee discharged from further
consideration of the state of the public works at,
788, 789.

Order, points of, decided, 136, 142, 405, 572, 573, 757,
758, 759, 760, 786, 787.

Panama mission, confidential proceedings on, 142 to 152.
envoys appointed, 151.

injunction of secrecy removed, 152, 346, 366.

Public Buildings, appropriation bill for, amended and
passed, 785.

motion to reconsider, negatived, resumed, 786.
amendments offered, 786.

Chair decides that they are not in order, 786.
motion to recommit, with instructions to amend by
adding an appropriation for the Cumberland
Road, 786; adopted, 787.

to lay on the table, 786; negatived, 787.
bill reported with amendment, 787.
Chair decides in favor of again reading bill, 787.
further amendment; negatived, 787.

bill passed and sent to House of Representatives,

787.

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