APRIL, 1808.] Amendment of the Constitution. [SENATE When I shall have stated the next amend- | more weight than a State having only a single ment, it will be found that my plan, instead of member. And those States whose members lessening the dignity and importance of Sen- shall be equally divided, will have no vote. ators, will magnify their office, and make it the These circumstances considered, the present object of desire and laudable ambition to the constitutional mode of choosing a President by best characters and greatest talents of our coun- the House of Representatives, when tested by try; for, from the Senate I propose that the the pure elective principle, may be deemed, as President of the United States shall always be to the mode of choosing, and the object of the taken; and in a manner that will exclude all choice, as exceptionable as the appointment by cabal and undue influence in obtaining that lot; while it remains liable to all the evils of a high office—a mode in which the man of mod- contested election, from which the appointment est merit shall have an equal chance of success by lot is wholly free. with the most daring and artful intriguer. The third amendment provides for the appointment of a President. He is to be taken by lot from the Senate, and is to hold his office for one year. This mode promises many advantages, and only two objections against it present themselves to my mind; one, that it is a departure from the elective principle; the other, that it will not always ensure the best talents. I should not have proposed this mode, if any other could have been devised, which would not convulse the whole body politic, set wide open the door to intrigue and cabal, and bring upon the nation incalculable evils; evils already felt, and growing more and more serious. Upon mature examination, those objections appear less formidable than at first view. When Senators shall be chosen with an eye to this provision, every State will be anxious to make such a selection of persons as will not disgrace it in the eventual elevation of one of them to the Presidential chair. Every State Legislature would, in the choice of the Senator, consider itself as nominating a candidate for the Presidency. The effect of this arrangement would be, in reality, that, instead of the States appointing Electors to choose a President, the Legislatures themselves would become the Electors; with this advantage, that the nomination would be made when not under the influence of a Presidential electioneering fever. In the regular course of appointing Senators, only one nomination would be made at one time in each State; and in most cases, three years would elapse before he could be designated for the Presidency. The great caution in the selection of Senators, with a reference to that high office, would produce another excellent effect: it would ensure the continuance, in that body, of men of the most respectable talents and character-an object of the highest importance to the general welfare. In the mode directed by the constitution for choosing a President by the House of Representatives, there is almost as great a departure as in what I propose, from the pure elective principle; which requires perfect freedom of choice among all who are eligible; and that the ballot of each qualified voter shall have equal weight in making such choice. Whereas, by the constitution, the House are confined to three candidates, and must vote by States; so that a State having twenty-two members, has but one; and, consequently, no VOL. III-39 In answer to the second objection, it may be fairly presumed that the Senate will always be composed of men possessed at least of decent talents. And such men, with honest views, long experience, and the aid of the Heads of Departments and other officers, would be able to do the public business correctly. It is not necessary, it is not desirable, that the President should command the armies in person; and all our foreign relations may be managed through the agency of able Ministers, whose appointments are to be approved both by the Senate and House of Representatives. The several Executives, ever since the adoption of the constitution, have been in the habit of calling to their aid a Cabinet Council, composed of the Heads of Departments; who ought to consist, as they probably will, of men of talents, integrity, and experience; and who, upon the plan proposed, being likely to continue long in office, will thereby give stability and system to the measures of Government. If the appointment by lot will not always insure a President of the first rate talents, neither will the present mode of electing; for when party spirit runs high, and parties are nearly balanced, candidates will be set up, not for their talents, but because they are popular and can command votes. And there may be a possibility of having a President for four years, distinguished neither for talents nor integrity. A President appointed by lot will possess the advantage, and in practice it will be found a very great advantage, of coming into office free from party influence; which, under the present mode of electing, is seldom if ever to be expected; and it is to be feared that it will be too powerful to suffer even an honest man to do right. Appointing a President by lot from the Senate, will give every State an equal and fair chance of participating in the dignity of that high office; will prevent the possibility of bargaining among the large States to the total exclusion of the middling and small States; and will thus remove one ground of State jealousy, which must inevitably grow out of our present mode. As it regards the sovereignty of the respective States, the appointment by lot is in exact conformity to the principles of the constitution; for in the event of an election of a President by the House of Representatives, each State has an equal vote, conformably with its equal rights as sovereign and independent; SENATE.] Amendment of the Constitution. [APRIL, 1808. so that, in respect to peace and union, this | same as at present, and there will be but little mode of appointing a President would produce effects of great and lasting importance. As the President is to be taken from the Senate, and, if worthy of the Senatorial office, must have experience, and be well informed of the affairs of the nation-and can also avail himself of the information and talents of every member of the Government-there can be no solid objection to reducing his term of service to one year. The President will always enter on his office at the close of the session of Congress; and during the recess have time to make himself more fully acquainted with the state of the nation, so as to present a proper view of it to the next Congress, as well as to conduct successfully the public business at the end of his term. No serious embarrassment or inconvenience, in conducting the public business, has been felt from the change of a President or the Head of a Department. There are and always must be subordinate officers around the Government, well acquainted with the routine of business; which will and must proceed in its usual course. If any example were necessary to show that no injury would arise to the nation from an annual appointment of a President, I might instance the ancient Republic of Rome -where, in the days of her greatest virtue, prosperity, and glory, her chief magistrates, or consuls, were chosen every year. But, being taken from the Senate, a body conversant with the management of their public affairs, as is our Senate, no evil accrued to the public. danger of an abuse of those powers, if the term of Presidential office be reduced to one year, and the appointment be by lot: which will render it impossible to bring the high preroga tives of this office to aid in procuring it. An artful intriguer cannot then point to the various lucrative offices in the gift of the President, for the purpose of stimulating exertion in favor of his election: than which a more powerful engine could not have been devised. Of the impropriety and impolicy of the pres ent mode of electing a President, can there be stronger proof, can there be a more convincing evidence, than is now exhibiting in the United States? In whatever direction we turn our eyes, we behold the people arranging themselves under the banners of different candidates, for the purpose of commencing the electioneering campaign for the next President and Vice President. All the passions and feelings of the human heart are brought into the most active operation. The electioneering spirit finds its way to every fireside; pervades our domestic circles; and threatens to destroy the enjoyment of social harmony. The seeds of discord will be sown in families, among friends, and throughout the whole community. saying this, I do not mean any thing to the disadvantage of either of the candidates. They may have no agency in the business; they may be the involuntary objects of such competition, without the power of directing or controlling the storm. The fault is in the mode of election; in setting the people to choose a King. In fact, a popular election, and the exercise of In stitution vested in the President, are incompatible. The evil is increasing, and will increase, until it shall terminate in civil war and despotism. The people, suffering under the scourge of party feuds and factions, and finding no refuge under the State, any more than in the General Government, from party persecu tion and oppression, may become impatient, and submit to the first tyrant who can protect them against the thousand tyrants. The office of President is the only one in our Government clothed with such powers as might endanger liberty; and I am not without appre-such powers and prerogatives as are by the conhension that, at some future period, they may be exerted to overthrow the liberties of our country. The change from four to ten years is small; the next step would be from ten years to life, and then to the nomination of a successor; from which the transition to an hereditary monarchy would almost follow of course. The exigencies of the country, the public safety, and the means of defence against foreign invasion, may place in the hands of an ambitious, daring President, an army, of which he I have dwelt so long on this amendment, bewould be the legitimate commander, and with cause of the novelty, in this country, of appointwhich he might enforce his claim. This maying a Chief Magistrate by lot. The facility of not happen in my day; it probably will not; but I have children whom I love, and whom I expect to leave behind me, to share in the destinies of our common country. I cannot therefore feel indifferent to what may befall them and generations yet unborn. His I do not desire in the smallest degree to lessen the President's power to do good; I only wish to place such salutary checks upon his power, as to prevent his doing harm. power of nominating and appointing to office, and removing from office, will still be continued; with only the additional check of requiring the consent of the House of Representatives, in one case, and of the Senate and House in the other. All his other powers will remain the appointing by lot was obvious; but it seemed necessary to exhibit, and to demonstrate the many and highly important advantages which will arise from this mode of appointing a Presi dent of the United States. The principal of these I will now present in one short view: 1st. It will make the Senate more respectable. 2d. It is prompt and certain. 3d. It will avoid the evils of a disputed election, now unprovided for in the constitution. 4th. It will exclude intrigue and cabal. 5th. It gives talent and modest merit an equal chance. 6th. It is economical. 7th. It gives to the people a President of the United States, and not the chief a party. 8th. It removes temptation to use power otherwise than for public good. 9th. It will annihilate a general party pervading the whole United States. 10th. It will remove a direct, powerful, and dangerous influence of the General Government | on the individual States. 11th. It will prevent the influence of a Presidential election on our domestic concerns and foreign relations. And, 12th. It will secure the United States against the usurpation of power, and every attempt, through fear, interest, or corruption, to sacrifice their interest, honor, or independence; for one year is too short a time in which to contrive and execute any extensive and dangerous plan of unprincipled ambition; and the same person cannot be President during two successive terms. Reducing the Presidential term of service to one year, will remove the necessity of attaching to the office the splendor of a palace. The simplicity of ancient Republics would better suit the nature of our Government. The instances of persons called from the plough to command armies, or to preside over the public councils, show that in a Republic pomp and splendor are not necessary to real dignity. Cincinnatus, who was content with the scanty support derived from tilling, with his own hands, his fouracre farm, has been as celebrated in history as the most splendid monarchs. By these remarks I would not be understood to object against giving adequate salaries to all public functionaries. In the case of subordinate officers, it may be left to Legislative discretion. But the President having such great power and extensive influence, his compensation ought to have a constitutional limit, and not exceed fifteen thousand dollars. FRIDAY, April 15. Death of the Representative, Jacob Crowninshield. A message from the House of Representatives notified the Senate of the death of JACOB CROWNINSHIELD, Esq., late a member of that House, and that his funeral will take place tomorrow morning, at 10 o'clock. On motion, by Mr. GILMAN, Resolved, That the Senate will attend the funeral of Mr. CROWNINSHIELD to-morrow morning at 10 o'clock. SATURDAY, April 16. The Senate adjourned to twelve o'clock, and attended the funeral of the honorable JACOB CROWNINSHIELD. After which they returned [SENATE. to their Chamber, and the VICE PRESIDENT having retired for the remainder of the session, the Senate proceeded by ballot to the choice of a PRESIDENT pro tempore, as the constitution provides; and the honorable SAMUEL SMITH was elected. Ordered, That the Secretary wait on the President of the United States, and acquaint him that the Senate have, in the absence of the Vice President, elected the honorable SAMUEL SMITH their President pro tempore; and that the Secretary make a like communication to the House of Representatives. WEDNESDAY, April 20. Bank of the United States. Mr. GREGG presented the memorial of the stockholders of the Bank of the United States, signed Samuel Breck, chairman, representing that, by an act of Congress, passed on the 25th of February, 1791, the subscribers to the capital stock of the said Bank, their successors and assigns, were incorporated for a term of years, which act will expire on the 4th day of March, 1811; and praying a renewal of their charter, for reasons stated at large in their memorial; which was read, and referred to the Secretary of the Treasury, to consider and report thereon at the next session of Congress. MONDAY, 5 o'clock, P. M., April 25. Adjournment. Resolved, That Messrs. MITCHILL and CrawFORD be a committee on the part of the Senate, with such as the House of Representatives may join, to wait on the President of the United States, and notify him that, unless he may have any further communications to make to the two Houses of Congress, they are ready to adjourn. Ordered, That the Secretary acquaint the House of Representatives therewith, and request the appointment of a committee on their part. informed the Senate that the House concur in A message from the House of Representatives the resolution of the Senate for the appointment of a joint committee to wait on the President of the United States and notify him of the intended recess, and have appointed a committee on their part. Mr. Mitchill, from the committee, reported that they had waited on the President of the United States, who informed them that he had no further communications to make to the two Houses of Congress; whereupon, the President adjourned the Senate until the first Monday in November next. From Connecticut-Epaphroditus Champion, SamTimothy Pitkin, jr., Lewis B. Sturges, and Benjamin uel W. Dana, John Davenport, Jonathan O. Mosely, Tallmadge. From New York-John Blake, junior, Barent Gardenier, John Harris, Reuben Humphreys, William Kirkpatrick, Josiah Masters, Samuel Riker, John Russell, Peter Swart, David Thomas, John Thompson, James J. Van Allen, Philip Van Cortlandt, Killian K. Van Rensselaer, and Daniel C. Verplanck. From New Jersey-Ezra Darby, William Helma, John Lambert, Thomas Newbold, James Sloan, and Henry Southard. From Pennsylvania-David Bard, Robert Brown, William Findlay, John Heister, Robert Jenkins, James Kelly, William Milnor, Daniel Montgomery, jr., John Porter, John Pugh, John Rea, Jacob Richards, Matthias Richards, John Smilie, Samuel Smith, and Robert Whitehill. From Maryland-John Campbell, Charles Golds John Porter, John Pugh, John Rea, Jacob Richards, New Hampshire.-Peter Carlton, Daniel M. Durell, Fran- Whitehill. cis Gardner, Jedediah K. Smith, Clement Storer. Massachusetts.-Joseph Barker, John Chandler, Ezekiel Bacon, Orchard Cook, Richard Cutts, Jacob Crowninshield, Josiah Deane, William Ely, Isaiah L. Green, Edward St. Loe Livermore, Daniel Ilsley, Josiah Quincy, Ebenezer Seaver, William Stedman, Samuel Taggart, Joseph B. Varnum, Jabez Upham. Delaware.-Nicholas Van Dyke. Maryland.-John Campbell, Charles Goldsborough, Philip Barton Key, Edward Lloyd, Wm. McCreery, John Montgomery, Nicholas R. Moore, Roger Nelson, Archibald Van Herne. Virginia.-Burwell Bassett, Wm. A. Burwell, Matthew Clay, John Clopton, John Dawson, John W. Eppes, James Vermont.-Martin Chittenden, James Elliot, James Fisk, M. Garnett, Peterson Goodwyn, Edwin Gray, David Holmes, James Witherall. Rhode Island.-Nehemiah Knight, Isaac Wilbour. Connecticut.-Epaphroditus Champion, Samuel W. Dana, John Davenport, Jonathan O. Mosely, Timothy Pitkin, jr., Lewis B. Sturges, Benjamin Tallmadge. New York.-John Blake, jr., George Clinton, Barent Gardenier, John Harris, Reuben Humphreys, William Kirkpatrick, Gurdon S. Mumford, Josiah Masters, Samuel Riker, John Russell, Peter Swart, David Thomas, John Thompson, James J. Van Allen, Philip Van Cortlandt, Killian K. Van Rensselaer, Daniel C. Verplanck. New Jersey-Ezra Darby, William Helms, Adam Boyd, John Lambert, Thomas Newbold, James Sloan, Henry Southard. Pennsylvania.-David Bard, Robert Brown, Joseph Clay, William Findlay, John Heister, William Hoge, Robert Jenkins, James Kelly, William Milnor, Daniel Montgomery, jr., John G. Jackson, Walter Jones, Joseph Lewis, Jr., John North Carolina.-Evan Alexander, Willis Alston, jr., Wm. South Carolina.-Lemuel J. Alston, Jr., William Butlet, Joseph Calhoun, John Taylor, Robert Marion, David E Williams, Richard Wynn. Georgia.-William W. Bibb, Howell Cobb, Dennis Smelt George M. Troup. Ohio.-Jeremiah Morrow. Kentucky.-Joseph Desha, Matthew Lyon, Benjamin Tennessee.-John Rhea, G. W. Campbell, Jesse Wharton. OCTOBER, 1807.] Proceedings. [H. OF R. tion, was administered by Mr. SPEAKER to all the members present. The borough, Philip B. Key, Edward Lloyd, William Mc- shack Franklin. From Tennessee-John Rhea, and Jesse Wharton. The Assistant Clerk of the House announced 117 members and one delegate to be present, being a majority of the whole number. He then inquired if it were the pleasure of the House to proceed to the appointment of a Speaker, which being determined in the affirmative, the members proceeded to ballot for that officer, Messrs. CUTTS, HELMS, and JOHN CAMPBELL, being named tellers. The tellers, after examining the votes, reported that 117 were received, and JOSEPH B. VARNUM, & Representative from the State of Massachusetts, having fifty-nine of them, was declared to be duly elected. The votes were given as follows, viz: Joseph B.Varnum, 59; Charles Goldsborough, 17; Burwell Bassett, 17; Josiah Masters, 8; Thomas Blount, 7; John Dawson, 4; John Smilie, 2; Benjamin Tallmadge, 1; Timothy Pitkin, 1; and R. Nelson, 1. The Speaker being conducted to the Chair, by Mr. VAN CORTLANDT and Mr. ALSTON, addressed the House as follows: Gentlemen of the House of Representatives : You will please to accept my most grateful acknowledgments for the honor which by your suffrages on this occasion you have conferred upon me. I am sensible of my own inability to perform the important duties you have been pleased to assign me, in the most desirable manner; but relying on your candor and readiness to afford me your aid, I accept the trust. And be assured, gentlemen, that it will be my assiduous endeavor to discharge the duties of the office faithfully and impartially; and in a manner which, in my opinion, shall be best calculated to meet your wishes and afford me the consolation of an approving conscience. same oath, together with the oath of office prescribed by the said recited act, were also administered by Mr. SPEAKER to the Clerk. A message from the Senate informed the House that a quorum of the Senate is assembled, and ready to proceed to business. Also, that the Senate have appointed a committee on their part, jointly with such committee as may be appointed on the part of this House, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communications he may be pleased to make to them. Ordered, That a message be sent to the Senate, to inform them that a quorum of this House is assembled, and have elected JOSEPH B. VARNUM, Esq., one of the Representatives for the State of Massachusetts, their Speaker; and that the Clerk of this House do go with the said message. Mr. BASSETT, Mr. GOLDSBOROUGH, and Mr. MASTERS, were appointed a committee on the part of this House, jointly with the committee appointed on the part of the Senate, to wait on the President of the United States, and inform him that a quorum of the two Houses is assembled, and ready to receive any communication that he may be pleased to make to them. Election of Clerk, &c. The House next proceeded to the election of a Clerk. The same tellers which had been appointed on the former election having been named by the Speaker on this, the members proceeded to ballot, and Patrick Magruder having received 72 votes was declared duly elected. TUESDAY, October 27. Several other members, to wit: from Virginia, ABRAM TRIGG and ALEXANDER WILSON; from South Carolina, ROBERT MARION; and from Tennessee, GEORGE W. CAMPBELL, appeared, produced their credentials, were qualified, and took their seats in the House. WEDNESDAY, October 28. Another member, to wit, WILLIAM HOGE, from Pennsylvania, appeared, produced his credentials, was qualified, and took his seat in the House. THURSDAY, October 29. Another member, to wit, WILLIAM BLACKLEDGE, from North Carolina, appeared, produced his credentials, was qualified, and took his seat in the House. The oath to support the Constitution of the United States, as prescribed by the act, entitled "An act to regulate the time and manner of administering certain oaths," was administered by Mr. VAN CORTLANDT, one of the Representatives for the State of New York, to the The House proceeded, by ballot, to the apSPEAKER; and then the same oath, or affirma-pointment of a Chaplain to Congress, on the part FRIDAY, October 30. |