H. of R.] sea? this period of thirty-six years, coursed over a summer gislature by the Senate and House of Representatives. What vissisitudes? War! Peace! the transition I agree entirely with the gentleman from Massachusetts, from political weakness to political strength! Faction di- (Mr. EVERETT) that we have no right to amend, by deviding the Union, and exciting the fiercest and most im-stroying a great radical power of the States. The posiplacable passions! The downfal of one party and the rise of another The expansion of the Confederacy from the Lakes to the Gulf of Mexico-from the Allegany to the Western boundary of Missouri ! Mr. M. said, that his colleague was led into error from the political view which he took of the People of this country. He appeared to consider us as having originally been one Nation-that we were afterwards divided into States that the State Governments grew out of, and are subordinate to, the Confederate Government, and that every approach towards nationality is an approaching of the people of the States to their natural and perfect condition. He denied this to be the case. This Government at Washington is nothing more than an excrescence of the sovereign power of the People of the States-a mere Confederacy-created as such, and intended to be created as such; and where it differs in its action from Governments of that kind, it is only that it may be more efficient as a Confederacy-a thing of necessity-of bargain and sale between the People of the States, in which each tried to obtain the best terms they could; and which were examined and re-examined, modified and remodified, turned and twisted, and finally expressed, with the cautious, critical, distrusting precision of an English conveyancer. Must not this be his principle, when he advocates a theory which takes from the People of the States, as such, the power and agency which they have in the Executive branch of this Government; which goes to destroy the responsibility of that great officer to the People of the States, by making his election depend, not on them, but on the People of the nation; which goes to turn his eye from the few to the many-from the weak to the strong? The People of South Carolina have a positive political power in the election of President, which creates his responsibibility to them-of power based on fixed principles-of power as certain as arithmeticial relations can make it of power as distinct and as distinguishable, as the Savannah river, which divides them from Georgia; and I hope in God that I may never live to see the day when they consent to give it up. tion startled me at first, as it startled all of us; but I see by the prints, that it is gaining ground. It is a wise and profound principle. It is worth all the splendid and most enviable reputation of the gentleman. And who would desire to take from the People of the States this sovereign right; who would desire to see the power of Governments diminished, so necessary to the existence of this Government, and to the protection of our liberties? Suppose the worst-the most humiliating of all disasters, which might have taken effect during the late war; that an enemy's fleet should sail up the river Potomac, and surprise and take all the functionaries of this Government, Executive, Legislative, and Judicial. Suppose they should station a military force here in our Capitol, and rear a foreign standard on its dome. This would effect no revolution. The States possess a redeeming energy, by which the National Government would be revived, in all its vigor and integrity. Each Governor would assemble his Legislature, and provide for the national calamity. Things would go on as usual. Forces would be raised, taxes imposed, justice administered, property and liberty protected, and, by an understanding among the States, an election for the functionaries of this Government would be had. No anarchy, no change in the distribution of sovereign power. In like manner, conquest would be impossible. The desolation and capture of one State would only present to the victorious foc a phalanx of sovereigns supporting each other, and ready and eager for resistance. But the existence and power of these Governments are equally necessary to the protection of our liberties. What restrains this Legislature within its orbit? What prevents the enaction and enforcement of laws violating our liberties? The Federal Court! The Supreme Court! That creature of the Executive-that dependent on the Legislature-that co-ordinate of both, having all their sympathies, their hopes, their anxieties! They restrain the encroachments of the other branches. Those seven or eight feeble old men restrain this Government, commanding the resources of this immense Confederacy, and able, at any moment, to deprive them of power by impeachment, or, by doubling their duty, to force them out of office! No, sir; it is State power which restrains us-it is Virginia, Pennsylvania, Massachusetts, &c. which restrains us. It is this power which repealed the alien and sedition laws; which annihilated the system of bankruptcy; the former invading the liberty of the freeman, the latter poisoning his morality. I am prepared to say more, sir, but 1 am exhausted, and will trouble you no more. This power should be exercised by the States. The Constitution has said so. "Each State shall appoint Electors in such manner as the Legislature may direct." How can a State appoint? Only in two ways-it has but two organs of will and action, the Legislature and the People. A State is a body politic, (see Vattel) which can act only by its Government or citizens. It is like an aggregate corporation-a bank, which must act by its stock- Mr. MITCHELL, of Tennessee, said, that nothing but holders, or its Board of President and Directors. The a sense of imperative duty impelled him to trespass upon right to such a President is a great sovereign right, which the indulgent attention of the Committee, on a subject should be exerted according to the will of the majority, in which had already undergone so able and so extended a whom the exercise of the sovereignty is. Hence the ab- discussion; but there was one thing, however, which all surdity of the District System, which divides and appor- gentlemen would do him the justice to say, that he had tions it, and makes the spring of its exercise personal not been troublesome to this House; that he had not apfeeling. We should not choose a President as we choose propriated, in argument, that portion of time which legia friend-as we choose a mistress-because she is agree-timately belonged to him; that near three months had now able to us. It is a matter of State policy, deeply affecting its peace and prosperity, its relations with other States, and with foreign nations. The majority of the People governs the whole State, makes laws for it, directs its internal and external policy, and, of course, ought to say who shall be that magistrate whose power most affects ese interesting relations. rolled away, since his voice had been heard, in any debate on this floor. But, on this occasion, fidelity to his constituents would not permit him to be silent; he, therefore, asked of the Committee a calm and patient hearing. Mr. M. said, that he considered the question as one of the greatest consequence to the People of the United States. Persons of all parties and political persuasions According to the theory of our Constitution, as explain-were looking up with great anxiety to the decision of this ed by the Federalist, the States, and the People of the House, and, though much time had been spent in the disStates, are represented in the Executive Government by cussion of this measure, it was nothing more than what was this organization of the electoral system; as the States expected by the People. Those who entertained a favor and the People of the States are represented in the Le-able hope that an amendment of some kind would be pro MARCH 22, 1826.] Amendment of the Constitution. [H. of R. posed to them, as well as those who are opposed to any he pursue him in the eloquent regions of classic taste; nor, alteration whatever, have, and do expect this subject to like him, impoverish the temple of Flora, to bestrew his undergo the most thorough investigation and unwearied path with flowrets. Mr. M. said, while the gentleman attention. Mr. M. said, he did not deem it so much a was speaking I was amused, I was delighted; his speech matter of importance how gentlemen differed on the great had the same effect upon ine, that a well strung musical question now under discussion, as that the true grounds instrument would have in the hands of a masterly performer. on which they differ should be made known and candidly My feelings joined in the unison of sound; but when the examined. It is peculiarly incumbent on us to bring to fingers were removed from the vibratory string, the music this examination those expanded and liberal views that died upon my ear; no impression was left upon my undismark the mind of the true statesman. And, if we have turbed mind; no idea advanced made its impress; it was heretofore been accustomed to think and argue as lawyers," like the music of Carrol along the hills of Slimora; it it is our imperative duty to lay that character aside when was pleasant, but mournful to the soul." While it con we enter upon this sacred floor. Sacred, because it is tinued, it reached the ear with melody, but when the here that public confidence is concentrated; because it is sound was gone, the substance was lost. I need not dwell here that efficiency is given to public opinion; and, be- on the first branch of the argument of the gentleman from cause it is here that the People stand in the majesty of Massachusetts, which the gentleman from South Carolina, their representative power. We ought, therefore, to who last addressed the Committee, has been pleased to leave, at the threshold of this Hall, every sentiment of feel call extraordinary. In this he entirely agreed with that ing which would have a tendency to come in conflict with gentleman; he thought it was the most extraordinary that the dignity and the action both of the situation and occasion. he had ever heard. The arts of sophistry, and the quibbles of a county court The gentleman, in effect, emphatically tells us that were beneath that high purpose for which statesmen meet we must not attempt to improve by experience in the in the councils of the nation. He also hoped that all par- march of time. If this be true, all your institutions for ty feeling and political contrivance would be scouted from education; all your common schools, where the first ruthis august assembly. Mr. M. said he would, therefore, at- diments of an education are given; all your academies, tempt to give the question a cool, dispassionate, and not where the foundation of science is laid; your numerous sophisticated examination. He would invoke the com- colleges and universities, where the mind is enriched mittee, in the language of Themistocles, at the celebrated with science and literature, and taught to expand itself battle of the Isle of Salamis, when he was giving his plan of by the dictates of wisdom-these are all of no use or value, action to a great warrior, who became enraged therewith, and in vain we attempt to climb to the cupola of science and was about to strike with his uplifted cane; the great and virtue, if the human mind is not to be improved by Athenian cried, "Strike, but hear me." For his part, the march of time. We are told by the gentleman from his prayer was, give him light; let him have a lamp in the Massachusetts that our ancestors possessed intelligence in van that shall shed its rays with distinctness on the path a greater extent, and much more eminent degree, than ourin which he had to travel; and he thought that this should selves. If so, away with all your seminaries; they have be the anxious wish of each and every member on this floor. proved unprofitable. Appropriate no more school funds, If that was not our feeling, we were a group of most un-locate no more school lands; they will bring you no reworthy beings, and very unfit for the high station we oc- turn. Cease all your attempts to light up the lamp of cupied. We ought to take for our pilot the light of truth, knowledge; its dim light will but obscure and mislead. and integrity for our guide, and pursue them with a steady The argument was still more extraordinary, as coming purpose, without deviation. If this is not the case, our from one who had studied antiquity in books, and subse honest constituents, in disgust, may leave that gallery, and quently had enjoyed the advantage of testing the accurasay with Shakspeare, "Let me look back upon thee, O cy of the knowledge he had thus acquired, by occular dethou wall, that girdlest in those wolves; sink into the monstration. Mr. M. said he hoped the gentleman would ground and fence not such a group." retract his opinion, or rather declaration, that the advanI do not rise, sir, said Mr. M. under the influence of any tages of science had passed away, and that they were ille presumption, that I shall transcend those who have buried under the ruins which strew the Grecian soil. If, preceded me, or with a desire to show with what facility however, all the intelligence of other ages has passed I can triumph over an adversary. My only object is, to away, he hoped that some of the ancient virtue was still throw my mite into the common scale. But if I shall left among us; he believed there was a sufficiency yet to succeed in removing a single objection from the minds of sustain us, unless the growing taste for splendor, which gentlemen who are opposed to the resolutions before us, I is exhibited in the marble columns, the Corinthian capishall think that I have done much. If I shall be able to tals, the splendid pedestals, the sculptured figures, and show clearly that the argument of the gentleman from other emblems of European grandeur, which decorate New York, who first addressed the Committee, (Mr. this Hall, in which plain, republican, representative simSTORRS) is not invulnerable, I think I shall have done a plicity should assemble, should be destructive to the nagreat deal. That argument, sir, may be viewed as the tion: for, sir, this congregation of States is a nation, and basis upon which all the subsequent arguments of those he hoped would continue to be so, until the revolving who are opposed to the resolutions of the gentleman from wheels of time shall cease to roll; and he also hoped they South Carolina, were founded. And, in answering that had and would draw lessons from the figure of that preargument, an answer would be given to all the material siding genius which points to that swift flying maid in the features of the other arguments on the same side. But, car of Time, admonishing her faithfully to record the passsaid Mr. M. before I enter upon an examination of the ar- ing events; and also from that group that is about to be gument of the gentleman from New York, I must be per- placed on the Tympanum in the front of this magnificent mitted to bestow a short notice upon the argument of the edifice, where Hope is represented with the out-stretched gentleman from South Carolina (Mr. MITCHELL) who has arm of anxiety, to the Presiding Genius of our Liberties; just taken his seat. He would not attempt to follow that and while the Genius seems to turn and listen with attengentleman in his meandering course; that would, indeed, tion, Hope is pointing to the genius of Stern Justice, who be a wild-goose chase; nor would he, in the course of his bears in equipoise the unerring balance in one hand, and remarks, attempt to follow the gentleman from Massachu- not a sword, but the Constitution, in the other-which setts, (Mr. EVERETT) in the discursive wanderings of his ought to admonish us that all our hopes and desires ought fancy throughout Europe, Africa, and Asia, to pluck the to be tempered with justice, and founded on the wellfoliage of the forest or the down of the fern. Nor would I know: principles of our fundamental law. If the gentleman held that doctrine, it is not only federal but ultra federal, and such as had not been heard in this country since the dark days of '98. Sir, let this doctrine be tolerated, and it will not be necessary that the Constitution should give the President the power; it will only be necessary that he should will it; a mere sic volo will only be necessary for the exercise of it. [Here Mr. Woop rose to explain; and said that he did not himself hold that doctrine; that he was only giving it as the sentiments of Vattel.] tal men. [MARCH 22, 1826. Mr. M. said, he would beg leave to notice an observa- than was contained in the loins of the whole degenerate tion made by another gentleman from New York, (Mr. mass of the present day. And a like comparison had Woon) who had last spoken. That if he had rightly un- been beautifully touched by the gentleman from Massaderstood his language he had said that there was a theo-chusetts. The pencil of that gentleman had drawn a retical error in our Government, and experience may beautiful and glowing picture of their virtue and patriotprove it to be so in practice. That the Senate had too ism; and all seemed to come to the conclusion that we much control over the Executive, which might occasion are degenerating, and in no wise to be compared to our collision between them; that the Executive possesses fathers either in knowledge or virtue. No man more deonly the power of nominating Foreign Ministers, and the voutly reveres the character, and more highly appreciates Senate the power to reject; that the Senate ought not the claims to intelligence and unbounded integrity, than I to possess any greater power over ambassadors, than to do, of those who framed this great charter of our liberrecall them, two-thirds of the Senate concurring; this ties. But, sir, they were but mere men-poor frail morwould be in accordance with Vattel, with which the genI cannot, sir, subscribe to the doctrine of our tleman did not concur in its whole extent. degeneracy, in point of knowledge. I do not believe that we are decreasing in knowledge; though I will admit that we may be degenerating in virtue. And I am the more induced to think so from what every day passes in review before me. It is a self-evident axiom, that, in a Republic, as virtue recedes, vice and servility will fill her place. Are we, sir, not daily learning to truckle more and more at the footstool of power, and disregarding our true responsibility to the only sovereign in this country, the People? Just before an election how graciously servile we bow before the sovereign People. We are then Mr. Chairman, said Mr. M. the Executive has already humble, indeed, with cap in hand, begging of them to as much power given to him as any friend of his country be permitted to come to this place, advancing but small would wish him to possess. Has he not the power of pretensions to superior virtue or talents. But, as soon as nominating every officer of the Government? and is not we are elected, we become transcendently wise: we this, in effect, the power of appointing? All that the Se- seem to forget entirely our former character; and no nate can do is to reject the nomination; but the whole sooner do we get upon this floor, than we seem to think act is that of the President; and, unless the Senate has ourselves suddenly transformed, and possessed of quite a strong reasons which forbid their consent, the appoint- new character, and willing to show the People how much ment is made, and it is made by the President alone. we can disregard them. But, for my part, sir, I find the It is obvious that it requires more force to undo an act common jargon of this Hall, instead of advancing my inthat is done, than to do the act in the first instance. And, telligence, has an effect directly the reverse. It rather besides, this power to recall ambassadors is placed, un-operates to deteriorate my understanding; it deprives conditionally in his hands. What would the gentleman me of the power of steady thought, and renders me less have? Would he wish the President to be clothed with useful to the People. Thence, the great necessity of posthe power at once to make a treaty, as absolute and assessing a sufficient stock before you enter upon this high positive as could be done by a King? This was an idea political career. But to the subject: Sir I will agree which he hoped no republican statesman would tolerate that the framers of the Constitution were wise; but I for a moment. Mr. M. said he would never concede that cannot agree with the gentleman from Virginia, (Mr. either the term of the President is too short, or that his ARCHER) that they were possessed of inspiration. They power is too limited. were men sir, who could listen with patience to the I will, Mr. Chairman, said Mr. M. take notice of some thoughts of each other. They could give and take, to of the arguments of the gentleman from New York, who arrive at an agreement. If they could not get all that first addressed the Committee; and, in doing so, I will they wished adopted, they were willing to take a part, not quote his speech, as it is printed. I do not know and to agree to a compromise of powers; and they were how a different version gets there he recollected per- what we ought to be, too mild and too intelligent each fectly well what the gentleman said upon this floor. The pertinaciously to adhere to his own opinion; and they gentleman had said, the subject was, indirectly, before could yield the minor for the major proposition; they Congress in 1819, and ought not again to be agitated; were great, because they were good; they were calm, because the subject is of too delicate a nature to be in- dispassionate, reflecting-not pursuing the course of vestigated. But, is it any valid argument against a pro- your county court lawyers, only anxious to show with position, to say, that, heretofore, it had been negatived? what facility they could put down an adversary in arguWhat does that prove? Only this, sir: that a good sub-ment. They spoke from the heart, and their language ject may meet with a bad fate. And, as to the delicacy reached the heart; their speeches were not mechanically of the subject, I am greatly at a loss to understand the prepared in the closet, and brought out and vended in gentleman's meaning. Is it too delicate a subject to in-market. But, great and good as these men were, they vestigate the People's rights? Will we attempt to stifle debate, and hold the People in darkness? Never, I hope, while this country shall be free. He tells us we ought to look to the men whose sublime works we are about to upturn; and every gentleman who had followed the mover of these resolutions had been loud in their praise of the framers of the Constitution. It had been said by the gentleman from New York, whose arguments I am attempting to investigate, that the weakest of these men was more eminent than the greatest of the present day. And another gentleman, who sat over the way, said, upon another subject, in his high drawn eulogy upon his friends of '98, that any one of them possessed more strength, and more political weight in his little finger, were but mere men; they partook of the common frailty of our race, and were highly sensible of it; they did not set themselves up as models of infallible wisdom; they were conscious of the imperfection of their own production, and recorded that consciousness in the fifth section of that instrument, by engrafting a clause for its own amendment; they knew, that, as time rolled on, the circumstances and the capacity of the country would be changed-and they have changed. They never dreamed of compiling a constitution to suit all times and all circumstances; and the fallibility of that great assembly is clearly evinced by the numerous amendments which have already been introduced and adopted as part of that Constitution. Twelve or thirteen amendments were made MARCH 22, 1826.. Amendment of the Constitution. [H. of R. yet, according to the notions of the gentleman, I must unlearn all that I have learned, and commence a new career before I durst, or others situated like me dare, enter upon the investigation of this subject. This question, sir, is one in its nature plain and simple, and within the reach of all. The humblest among us are able to understand it perfectly in all its bearings; it requires no stretch of sagacity; no peculiar understanding; no particular information to comprehend the plain proposition: for such I be lieve the present question to be. Is it so very difficult a thing to determine whether it is best that this House or the People should elect a President in the dernier resort' "that spare Cassius. He reads much; almost as soon as that instrument was completed, and which are not less to be admired than any other clause of that excellent instrument. Yet the gentleman asks how we can lay our sacrilegious hands upon an instrument so perfect? The Constitution itself furnishes him an answer; and the very words of the amendatory clause give a positive refutation to all that part of his speech. The gentleman tells us, that none must attempt this task but those who are already sages. And, sir, how are we to become sages? Is it on this floor? No, sir; it is by studying in our closets, and in our offices at home; it is by turning over the volumes of antiquity, and by sailing back the stream of time to the days of Solon and Lycurgus; by living cotemporaneously with the worthies of Is it not strange, Mr. Chairman, that gentlemen should antiquity; imitating their morals and adopting their eulogize and laud the Constitution, and yet stand unconphilosophy; improving by their virtues and profiting from cerned spectators of its frequent violation? In the short their errors. It is by looking into the causes which pro space of less than fifty years, it has not been violated by duced the ancient Republics, which supported and upheld amendments, as the gentleman from Massachusetts would them for some hundreds of years; and what it was at last, suppose, but by open and wanton attacks upon its corpse, that caused them to moulder into ruin; which destroyed until in fancy you could almost hear it groan. If it be so their liberties, and reduced their posterity to a vassalage, grand and so luminous in all its parts, why violate it or under a horde of savage barbarians. To fit a man for this suffer it to be done by others? On what pretext can the task, he must look through the forms of Government, gentleman from New York praise its excellence and perwhich are under kings of absolute and qualified powers; fection, when he tells us that the present mode of electing you must take extended and liberal views of men and the Vice President, was no better than a bribe of 20,000 things as they are; you must compare cause with effect; dollars, to concentrate the votes of some particular State? you must study the history of our own country and of our I cannot understand this; it is totally beyond my compreown time; you must treasure up the paasing events; be-hension. It would seem that he did not like that lank and come acquainted with the biography of each leading man hungry looking man— who has made a figure in our Republic; learn his policy and particular predilections. Let him do all this, sir; let him confine himself to his books; to his observation on men and things, as they are, and not such as they should be; let him sit down in his office, if he is a lawyer; in his shop, if he is a doctor; and by his fire side, if he is a farmer or a mechanic, (and I hope, sir, that the day will come when there will be more of these useful classes, learned and intelligent, in the possession of this floor,) and then his mind will be prepared for these important duties. The gentleman from New York said, that he had been seven years in Congress, and had scarcely got without the pale of his apprenticeship, and he was now called upon to make one of the most radical changes in the whole structure of this Government, to which task he felt himself entirely incompetent. It would seem, at the first blush, a little strange, that the gentleman should have served such a laborious apprenticeship in the great school of politics, (as he calls it) in this magnificent city, where are taught all the refinements of court etiquette, cunning, and political jaggling, and still continue too much of a novice to enter upon this plain and simple proposition. I would say to that gentleman, as Pitt said to Walpole, that "some would remain ignorant in despite of age and experience," though I would make no personal application of the words to the gentleman: for he certainly is a man of genius. Yet I may be permitted to remind him that none are so ignorant as those who will not make a proper use of their understanding. If the gentleman from New York had not been upon this floor long enough to qualify himself to en-powers of the Government being properly distributed. It ter upon the investigation of this subject, it may be viewed, said Mr. M. great presumption in me, who have not been here quite four small months, a time not long enough to be contaminated with -, I will not say what-not long enough, sir, to become acquainted with court etiquette, to be able to go to your drawing rooms, and public assemblies, and splendid fetes, and practice, successfully, the art of concealing my real thoughts and opinions under a flimsy mask of courtliness. But, if these are the | things which are to be learned here, I call on that power which has preserved me for forty years, to defend me from all such polite education. It is true, said Mr. M. that I have grown grey in the service of my State, in the Legislature and other offices to which the kindness of the People had called me. But He is not one of those, I am ready to admit, whose wellfed cheeks show that he has slept much, ate much, and never thought at all. The same gentleman has asserted, that the plan now proposed, will consolidate the States. How, and in what way, I would humbly ask, can it have that effect? Will giving to the People of these United States, the right to elect their President, consolidate the States? No, sir; no such idea can result therefrom. It was always intended that the People should exercise this power. Would any one say such was not the intention of the Constitution itself? None could be so deficient in penetration as not to see, by every consideration which could be plausibly placed upon it, that that was the intention of its framers. But that intention has been defeated. But it was said by the gentleman from New York, that, not the consolidation but the confederation of the States was intended by the Convention; to which, Mr. M. said, he yielded his assent. But he would ask that gentleman how confederated? Not by the mode of electing a President, he would presume; but by the regular and judicious was intended that there should be a Union between the federative and popular principles of the Government in the National Legislature. The President is the Chief Governor of the People, and not of the mere territory of the States. He has to be elected by the People, without regard to the territory. The States can only be felt by the weight of the People, each State giving as many votes as she may have Senators and Representatives in Congress; and the Electors are to be appointed by the States in such manner as the Legislatures thereof shall direct, (of which I shall say more hereafter.) When the President is elected, he has certain power over the legislative branch of the Government in approving or rejecting their acts, &c. But when, sir, you are in pursuit of the federative principle, you must look to the Senate branch of the H. of R.] Amendment of the Constitution. [MARCH 22, 1826. National Legislature. Sir, it is there that the States, as Federal election, the States would all be placed in sovereign separate and independent sovereignties, act upon the equality. When, sir, we come to look at the history of federative principle. I will not, sir, take your State to il- the times when this Constitution was framed, there can lustrate my views upon this subject; I will not hackney be but little doubt as to the cause which even produced poor little Delaware to death, as most have done who the election of Electors. We had, sir, just emerged from have preceded me; I will take Rhode Island, conspicuous a state of vassalage. We had scarcely learned that we for its talents, for my example, to show the operation of were free, through we might not, at that time, very well this federative principle. It is, sir, in the Senate branch of relish the principles of a kingly or monarchical Governthe National Legislature, where that State stands upon a ment. Yet we were more partial to that of the mother footing of equality with the great States of New York, country than of any other, being better acquainted with Pennsylvania, and Virginia. It is there that the States are its forms; and, sir, some of the ablest members of that represented in fact, and in deed-the Senators of each convention were of opinion that the nearer we could apState being the Representatives of the State, in its aggre-proach that form of government, and be free, the better; gate and sovereign capacity-being elected, and brought and other able members were for running into an extreme into political existence by the only and proper organ of of democracy; and, in fact, sir, almost every State had a the State, the Legislature thereof. This assembly of the form of its own. In relation to the election of a President States of equal representation, was wisely formed to pre- and Vice President, their modes were still more various. vent the encroachment of the large States upon the inter- Some wished the President to be elected during life or ests of the small States, and for the protection of the good behaviour, removable only by impeachment for malequal rights of both. But it is obvious that the popular versation; some wished him elected for the term of ten feature was intended to be preserved in the organization years, others for nine, and others for seven years, and to of this House. The number of Representatives from each be ineligible to a second election. Some States were deState depended upon the ratio of population: one only sirous that the election should be given to the People, dibeing allowed to every 30,000 inhabitants: so here the|rectly, in the first instance, and some that they should be popular principle is lodged, as the federal is in the Se-elected by the National Legislature; others that they nate. When the States meet in the Senate, by their Senators, they are all on a footing of equality, and hold a check over the Executive and this House, and I thank God that it is so. And while the States hold that power, we have but little to fear: for, should they see the Executive and this House uniting for the accomplishment of any design, it is an easy matter to check their progress. And what is more, the States, by their Legislatures, hold a check over the operations of the Executive, the Senate, and this House, combined; because, sir, there can be no Senate without the will of the respective States. They have it in their power to dissolve your Congress in the course of two or three years, by a mere refusal to elect Senators. It is in this distribution of powers that the happy checks and balances of this Government are placed. The President is the Governor of the Union; the Senate is the Federative assembly; and this House is the House of the whole People, assembled together from the various parts of this wide-spread Government, in their representative capacity. We come here with the People's feelings, with the People's sentiments, with certain local interests, in pursuit of certain objects, and desirous of carrying certain points. If we cannot get all we want, we ought to be satisfied with what we in justice ought to have. This House ought not to give to any one a privilege that might be injurious to another. But, if we should be so regardless of what is right and just, we can be held in check by this federative principle of the Senate. It is there that the federative principle was intended as a check upon the popular; and between the two powers of legislation, a most happy baLance is provided. For, sir, if the Executive and the Senate do any act which appears to us to be liable to mischief in its operation, the power to check resides with us. It is these happy distributions of powers, placed where they are, that makes our Government the most beautiful and perfect model of Govermental action ever exhibited upon the face of the earth. It was not a little singular, indeed, sir, that gentleman should contend that the federative feature was to be found any where else in the structure of this Government, as well as in the Legislative and Executive powers of this Government. I was astonished to hear gentlemen talk of the federative power being retained in the election of the President. That idea could never have entered into the head of conventionalists. If it was intended to be an election on this principle, why, I would ask, did not the convention place the election in the Senate at once, or say that each State should have but one vote? Then, in this should be elected by the Legislatures of the respective States. In this conflict of sentiment and variety of opinion, the question remained for some time. The two extremes were compelled mutually to part with a portion of their plans; it then became a matter of compromise between them. In this way the appointment of electors was agreed upon as a kind of third person, or go-between the People and the President. The electors were to be elected or appointed as the Legislatures of the several States should direct. The nature of the Constitution, with its hereditary properties, under which they had lived, infused itself into the views of the members of some States represented in that Convention; those conflicting in sentiment on this question met on the middle ground of electors. This they viewed as a remove from the want of proper intelligence of the People on one side, and from the opportunities of corruption on the other. Such were some of the views which induced the members of the Convention to enter into this compromise. It never for a moment entered into their heads that the election would come into this House, except by mere possibility. Had they supposed that it would become the common course of practice, they would have preferred sending it back direct to the People, with a provision that a majority of votes taken in each State should be counted as one vote, and thus the President should be elected in the dernier resort. Even in this last resort, the Convention seemed to have the popular principle clearly in view while they were desirous to preserve the gravity of the small States. And the plan was so contrived that a sub-election would have to take place among the Representatives of each State, so that a majority of the Representatives should direct the vote to be given for the State. Sir, they never dreamed, they never could have believed, that ambitious and corrupt individuals would ever reach so far as to grasp at this House as an instrument of success. And could they have believed for a moment that a case would occur when the election of that high and responsible officer of the Government should devolve on this House, from their own exalted purity, and their proper sense of right, they could not but believe that the Representatives of the People would be governed by their voice. But it is said by gentlemen that the popular principle was not the object, but the independence of the States, and that this popular principle in particular was not intended to extend to the election of President, because it does not exist in this or the other House. Mr. Chairman, nothing can be more clear than that a |