The question on the amendment of Mr. Adams was then put and lost without a division.

Mr. PICKERING.-The case which the gentleman from Georgia founded his arguments upon applies to a non-election, and thought such a case an extreme one; he thought differently, and the Constitution as it now stands has made a provision for such an exigency. Some provision should be made for such a case; he would therefore move an amendment, which would provide for the event of a non-election, to insert after the words President:

"But if on the 4th of March the office of Vice President shall be vacant, then the powers which devolve by the Constitution on the Vice President, shall be exercised by such persons as the law shall direct, until a new election."

Mr. HILLHOUSE.-This amendment would supply all that was proposed by the allowance of ten days in a former amendment, and it seemed to him indispensable, because as the non-election of both President and Vice President may happen, there should be some organ to keep the wheels of Government in motion. It appeared to him to be necessary to provide for this contingency as for that of the death of the President or Vice President.

The amendment was lost, without a division. The main question of the whole resolution then recurring,

Mr. WHITE, of Delaware, rose and addressed the Chair as follows:

DECEMBER, 1803.

est marks of its having been made under the influence of State classifications. It was a work of compromise, though not formed, as stated by the gentleman from Virginia, by the large States yielding most, but by the smaller States yielding much more to the general good.

It will be recollected that, previous to the adoption of the Constitution, on all Legislative subjects, in fact, on every measure of the Constitution, each State had an equal voice; but very different is the case now, when, in the popular branch of your Government, you see one State represented by twenty-two members, and another by but one, voting according to numbers. So that, notwithstanding the ideas of those gentlemen, and the declaration of an honorable member from Maryland, on my right, (Mr. SMITH,) that, during his ten years' service in Congress, he had never seen anything like State jealousies, State divisions, or State classification, I must be permitted to predicate part of my argument upon this business. Should any gentleman be able to show that the foundation is unsound, the superstructure of course will be easily demolished. Admitting, then, sir, for the sake of argument, that there were no very great objections to this proposed alteration in the mode of electing a President and Vice President, and that it were now part of the Constitution, it might be unwise to strike it out; unless much stronger arguments had been urged against than I have heard in favor of it, yet I would not now vote for its adoption. What appears specious in Mr. President, it may be expected that we, who theory, may prove very inconvenient and embaroppose the present measure, and especially those rassing in practice, and my objections go to any of us who belong to the smaller States, and who alteration of the Constitution at this time; we have think the interests of those States will be most not given it a fair experiment, and it augurs not injuriously affected by its adoption, shall assign well to the peace and happiness of the United some reasons for our opinion, and for the resistance States to see so much increasing discontent upon we give it: I will for myself endeavor to do so. this subject. so many projected alterations to the I know well the prejudices of many in favor of great charter of our Union and our liberties; not this proposed amendment to the Constitution; less than four are now upon our tables, and which, I know too, and acknowledge with pleasure, the if adopted, will materially change the most valuweight of abilities on the other side of the House able features of the Constitution. The first alters by which those prejudices, if I may so be permit- the mode of electing the President and Vice Presited to call them, will be sustained; this might per- dent; the second changes the ground upon which haps be sufficient to create embarrassment or even the Vice President is to be appointed by the Sensilence on my part, but for the consciousness I ate, in case one is not elected by the Electors, acfeel in the rectitude of my views, and my full cording to the Constitution; the third extends the reliance on the talents of those with whom I have powers of the Senate in the choice of this latter the honor generally to think and act. Upon a officer beyond what was ever contemplated by the subject of the nature and importance of the one people of this country; and the fourth, which is before us a great diversity of sentiment must be not now immediately before us, goes to incapaciexpected, and is perhaps necessary to the due and tate any citizen from being eligible to the office proper investigation of it. Without detaining the of President more than a certain number of years. Senate with further preliminary remarks, presu- All these important changes we are about to inming upon that patience and polite indulgence troduce into the Constitution at once; and, indeed, that are at all times extended by this honorable were attempted to be forced into a final vote upon body to gentlemen who claim their attention, I them, in little more than the space of one day will proceed immediately to the subject of the from the moment they were submitted to us. Are resolution; barely premising that notwithstanding we aware of what we are about? Is this the the opinions of the gentleman from Virginia (Mr. way in which the Constitution was formed? Was TAYLOR) and the gentleman from Georgia, (Mr. it put together with as much facility and as little JACKSON,) whose opinions I highly respect, I must reflection as we are tearing it to pieces? No, Mr. yet think with my honorable friend from New President, it was constructed after much thought, Jersey (Mr. DAYTON) that the Constitution of the after long and mature deliberation, by the collected United States bears upon the face of it the strong-wisdom and patriotism of America, by such a set

of men as I fear this country will never again see assembled; and we should be cautious how we touch it. The fewer changes we make in it, the longer it remains; the older it grows the higher veneration will every American entertain for it; the man born to its blessings, will respect it more than him who saw its birth; he will regard it not only as the great bulwark of his liberties, but as the price of the blood of his ancestors-as a sacred legacy from his father, deposited with him for the benefit of himself, and in trust for his posterity. But if, in this way, every succeeding Congress, every party enjoying the short-lived triumph of a day, shall be mutilating it with alterations, from whatever motives, either to thwart their political opponents, or to answer particular purposes, ere long no trace of the original instrument will remain; it will be kept in a state of tottering infancy, until some Gallic Cæsar, turning to his advantage an unhappy moment of popular phrenzy, may make the last change, by trampling upon its ruins, and substituting the strong arm of power in its place.

What, sir, let me ask, are the objects of these proposed amendments? The first, we are told, will so mark, so designate the man to be President, as to close forever the doors upon that subject! Could this be the effect, the adoption of it would indeed be wise and provident; but I fear a directly contrary tendency, that will open a new and immense field for intrigue.

SENATE.

wisdom and efficiency of the very provision intended to be stricken out, and that the people are acquainted with the nature of their Government; and give me leave to say, if fortune had smiled upon another man, and that election had eventuated in another way, the consequence would have been precisely the same; the great mass of the people would have been content and quiet; and those factious, restless disorganizers, that are the eternal disturbers of all well administered Governments, and who then talked of resistance, would have had too much prudence to hazard their necks in so dangerous an enterprise. I will not undertake to say that there was no danger apprehended on that occasion. I know many of the friends of the Constitution had their fears; the experiment however, proved them groundless; but what was the danger apprehended pending the election in the House of Representatives? Was it that they might choose Colonel Burr or Mr. Jefferson President? Not at all; they had, notwithstanding what had been said on this subject by the gentleman from Maryland, (Mr. WRIGHT,) a clear Constitutional right to choose either of them, as much so as the Electors in the several States had to vote for them in the first instance; the particular man was a consideration of but secondary importance to the country; the only ground of alarm was, lest the House should separate without making any choice, and the Government be without a head, the consequences of which no man could well calculate. The present attempt, to say the least of it, as has been well observed by my hon

The United States are now divided, and will probably continue so, into two great political parties; whenever, under this amendment, a Presi-orable friend from Jersey, (Mr. DAYTON,) is taking dential election shall come round, and the four rival candidates be proposed, two of them only will be voted for as President-one of these two must be the man; the chances in favor of each will be equal. Will not this increased probability of success afford more than double the inducement to those candidates, and their friends, to tamper with the Electors, to exercise intrigue, bribery, and corruption, as in an election upon the present plan, where the whole four would be voted for alike, where the chances against each are as three to one, and it is totally uncertain which of the gentlemen may succeed to the high office? And there must, indeed, be a great scarcity of character in the United States, when, in so extensive and populous a country, four citizens cannot be found, either of them worthy even of the Chief Magistracy of the nation. But, Mr. President, I have never yet seen the great inconvenience that has been so much clamored about, and that will be provided against in future by substituting this amendment. There was, indeed, a time when it became necessary for the House of Representatives to elect, by ballot, a President of the United States from the two highest in vote, and they were engaged here some days, as I have been told, in a very good-humored way, in the exercise of that Constitutional right; they at length decided; and what was the consequence? The people were satisfied, and here the thing ended. What does this prove? that the Constitution is defective? No, sir, but rather the

advantage of a casualty to alter the Constitution that astonished every one when it happened, and that no man can imagine, in the ordinary course of events, will ever arise again. Sir, every hour that is added to the age of our Government, every day's increasing population of our country, every State admitted into the Union, renders still more remote even this improbable contingency. Gentlemen have urged, with exulting confidence, and particularly the honorable gentleman from Maryland, (Mr. SMITH,) that the people have long thought on this subject, and prepared for the amendment, and expect its adoption. I respect the sentiments of the people as highly as any man when they are well digested and clearly expressed; but in my mind this is a dangerous ground to advance far upon, without examining it well for ourselves; it is an argument that will apply alike to almost every question of importance, and goes to preclude debate upon them; for it is well known that there are few such submitted to us that have not been previously the subject of thought and speculative conversation out of doors. Ours is a country of politicians, and from the nature of our Government must continue so; every member of society feels such a portion of interest in the affairs of the nation as to excite inquiry; be his lot humble or exalted, be his sentiments right or wrong, he expresses them, as he is entitled to do, with freedom; but is it abroad in the country that the most important measures of the Government are to be matured and decided upon? Is it

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Amendment to the Constitution.

DECEMBER, 1803.

in private circles, in caucuses, in clubs, in coffee-lar infatuation, or some other extraordinary causes, houses, streets, and bar-rooms, that great Constitutional questions are to be settled? And are we convened here but to register the crude decrees of such assemblages, or only for the humble purpose of answering to the call of our Secretary with a yea or nay? If the argument proves anything, it amounts to this. Would the gentleman from Maryland, or any other honorable member, be content to hold his seat upon such terms? If so, he may indulge himself in one consolation, that no private citizen would envy him the place; but for myself I claim the exercise of higher and more responsible privileges of thinking and acting for myself, holding it my duty, so far as I am capable, to assign to my constituents the reasons that govern my public conduct.

be the ill fate of our country, that an unworthy, designing man, grown old and gray, in the ways of vice and hypocrisy, shall for a time dishonor the Presidential chair, or it may be the fortune of some young man to be elected, but those will rarely happen. The Convention in constructing this part of the Constitution, in settling the first and second offices of the Government, and pointing out the mode of filling, aware of the probability of the Vice President succeeding to the office of President, endeavored to attach as much importance and respectability to his office as possible, by making it uncertain at the time of voting, which of the persons voted for should be President, and which Vice President; so as to secure the election of the best men in the country, or at least It has of late, Mr. President, become fashionable those in whom the people reposed the highest conto attach very little importance to the office of fidence, to the two offices-thus filling the office Vice President, to consider it a matter but of of Vice President, with one of our most distinsmall consequence who the man may be; to view guished citizens, who would give respectability to his post merely as an idle post of honor, and the the Government, and in case of the Presidency incumbent as a cypher in the Government; or ac- becoming vacant, having at his post a man Concording to the idea expressed by an honorable stitutionally entitled to succeed, who had been member from Georgia, (Mr. JACKSON,) quoting, I honored with the second largest number of the believe, the language of some Eastern politician, suffrages of the people for the same office, and as a fifth wheel to a coach; but in my humble who of consequence would be probably worthy of opinion this doctrine is both incorrect and danger- the place, and competent to its duties. Let us now, ous. The Vice President is not only the second Mr. President, examine for a moment the certain officer of Government in point of rank, but of im- effect of the change about to be made, or what portance, and should be a man possessing, and must be the operation of this designating principle, worthy of the confidence of the nation. I grant, sir, if you introduce it into the Constitution; now the should this designating mode of election succeed, Elector cannot designate, but must vote for two it will go very far to destroy, not the certain or persons as President, leaving it to circumstances contingent duties of the office, for the latter by not within his power to control which shall be the this resolution are considerably extended, but what man: of course he will select two characters, each may be much more dangerous, the personal con- suitable for that office, and the second highest in sequence and worth of the officer; by rendering the vote must be the Vice President; but upon this Electors more indifferent about the reputation and designating plan the public attention will be enqualification of the candidate, seeing they vote for tirely engrossed in the election of the President, him but as a secondary character; and which may in making one great man. The eyes of each conoccasion this high and important trust to be de- tending party will be fixed exclusively upon their posited in very unsafe hands. By a provision in candidate for this first and highest office, no surthe first section of the second article of the Consti- rounding object can be viewed at the same time, tution, "in case of the removal of the President they will be lost in his disc. The office of Presifrom office, or of his death, resignation or inabil- dent, is in point of honor, profit, trust, and influ'ity to discharge the powers and duties of the said ential patronage so infinitely superior to any other office, the same shall devolve on the Vice Presi- place attainable in this Government, that, in the 'dent"—and he is Constitutionally the President, pursuit and disposal of it, all minor considerations not until another can be made only, but of the re- will be forgotten, everything will be made to bend, sidue of the term, which may be nearly four years; in order to subserve the ambitious views of the and this is not to be supposed a remote or impro- candidates and their friends. In this angry conbable case. In the State to which I have the flict of parties, against the heat and anxiety of honor to belong, within a few years past, two in- this political warfare, the Vice Presidency will stances have happened of the place of Governor either be left to chance, or what will be much becoming vacant, and the duties of the office, ac- worse, prostituted to the basest purposes; characcording to the constitution of that State, devolv- ter, talents, virtue, and merit, will not be sought ing upon the Speaker of the Senate. We know after, in the candidate. The question will not be well too, generally speaking, that before any man asked, is he capable? is he honest? But can he can acquire a sufficient share of the public confi- by his name, by his connexions, by his wealth, by dence to be elected President, the people must his local situation, by his influence, or his inhave long been acquainted with his character and trigues, best promote the election of a President? his merit; he must have proved himself a good He will be made the mere stepping stone of amand faithful servant, and will of course be far ad-bition. Thus, by the death or other Constitutional vanced in years, when the chances of life will be inability of the President to do the duties of the much against him. It may indeed, owing to popu- office, you may find at the head of your Govern

DECEMBER, 1803.

Amendment to the Constitution.

SENATE.

States, or even in a smaller number of them, whenever they shall be pleased to exercise it, the exclusive power of appointing the President and Vice President of the United States?

ment as First Magistrate of the nation, a man who has either smuggled or bought himself into office. Who, not having the confidence of the people, or feeling the Constitutional responsibility of his place, but attributing his elevation merely Again, Mr. President, admitting these coalitions to accident, and conscious of the superior claims of the larger States, of which I have been speakof others, will be without restraint upon his con- ing, for the purpose of appointing a President and duct, without that strong inducement to consult Vice President by themselves, may none of them the wishes of the people, and to pursue the true ever take place under this amendment, if adopted, interests of the nation, that the hope of popular notwithstanding its strong and natural tendency applause, and the prospect of re-election, would to such an effect, (and this is certainly admitting offer. Such a state of things might be productive much more than gentlemen on the other side of of incalculable evils; for it is, as I fear time will the House could in argument have any right to show, in the power of a President of the United demand of me.) yet there is one other which I am States to bring this Government into contempt. sure, in candor, they must grant me, is not only and this country to disgrace, if not to ruin. Again, possible, but very probable, indeed, upon a subject sir, if this amendment succeeds, if you designate of this kind-I mean the States of Virginia, North the person voted for as President, and the person and South Carolina, Georgia, Kentucky, and Tenvoted for as Vice President, you hold out an irre-nessee, together with the Territories upon the wasistible temptation to contracts and compromises among the larger States for these offices; it will be placing the choice of the two highest officers in the Government so completely in their power, that the five largest States, viz: Massachusetts, New York, Pennsylvania, Virginia, and North Carolina, may not only act in every previous arrangement relative to the appointment of these officers without the necessity of consulting the other twelve, but may totally exclude them from any participation in the election. The whole number of Electors, according to the present representation in Congress, will be one hundred and seventy-seven; these five States will have ninety six of them, a clear majority of eight, and should they agree among themselves they can say absolutely who shall be the President. The other twelve States will not have even the humble privilege of choosing between their candidates; for their whole number of votes being but eighty-one given to the candidate for the Vice Presidency as President, would be but thrown away, since the other would still have his designated majority of eight for that place. Should it be said that such a coalition is improbable, I answer that my opinion is different, and it is enough for me that it is possible. Again, sir, counting only the States of Massachusetts, New York, Pennsylvania, and Virginia, these four will be found to be entitled to eighty-two Electors, wanting seven of a majority of the whole number; so that, leaving North Carolina among the smaller States, if they unite, and can by any species of influence, by promises of offices, bribery, or corruption, gain over to their interest but seven of the Electors belonging to the other States, they can in like manner appoint who they please. I might go on to show that lopping even Massachusetts from the list, the other four, viz: New York, Pennsylvania, Virginia, and North Carolina, could with very little difficulty effect the same object, since they are entitled to seventy-seven Electors. And now let me ask gentlemen representing the twelve smaller States, if they are prepared to yield up not only the high and honorable ground upon which the Constitution has placed them in the House of Representatives in case of an election for a President to be had there, but to vest in the five larger

ters of the Mississippi, that are every day growing into States. And such is the rapidly increasing population of that country, that, after the next census, it will be forever in their power, upon this designating plan of election, to appoint the President and Vice President of the United States. The other ten Middle and Eastern States will have only to acquiesce in the choice, without, as I before observed, the power even of electing between the candidates, and much less the right of being consulted, in the first instance, as to the suitable and proper characters. Gentlemen will, I hope, do me the justice to believe that I mention these coalitions as likely to be entered into, only in relation to this particular object. I have no doubt but that these States are as well disposed, and as much attached to the Union, as any that belong to it; but who does not know the indissoluble bonds that will bind together the citizens of that Southern and Western country, in the pursuit of an object of this kind? Their similarity of manners, of habits, of laws, of civil institutions, of local interests, added to their native prejudices and ties of consanguinity, unite them inseparably, and make their views the same. Yet gentlemen, to my utter astonishment, tell us that this amendment is intended to preclude intrigue. Sir, no other measure could be adopted that would so effectually produce it. It will create ill blood between the smaller and the larger States-between one part of the Union and another. It will give rise to local prejudices, to envious territorial distinctions, to State schisms; and I should not wonder if, in the end, it were to be the means of plunging this country into a civil war, and of producing a separation.

As to the second and third alterations proposed in this resolution, that of enlarging the ground upon which the Vice President may be appointed by the Senate, by giving them authority to elect from the two highest, whenever no person has a majority of the whole number of votes, whereas now they can choose but in the case of two persons being upon a vote, and thus extending the powers of the Senate in the election of this officer, they would, at first view, seem to be mere matters of speculation, introduced for the sake of change only, or for the want of something else to employ