CHAPTER XXVIII.

AMENDMENT OF THE CONSTITUTION IN RELATION TO THE ELECTION OF

PRESIDENT AND VICE-PRESIDENT.

The attempt was renewed at the session of 1825-'26 to procure an

amendment to the constitution, in relation to the election of the

two first magistrates of the republic, so as to do away with all

intermediate agencies, and give the election to the direct vote

of the people. Several specific propositions were offered in the

Senate to that effect, and all substituted by a general proposition

submitted by Mr. Macon--"that a select committee be appointed to

report upon the best and most practicable mode of electing the

President and Vice-President:" and, on the motion of Mr. Van Buren,

the number of the committee was raised to nine--instead of five--the

usual number. The members of it were appointed by Mr. Calhoun, the

Vice-President, and were carefully selected, both geographically

as coming from different sections of the Union, and personally

and politically as being friendly to the object and known to the

country. They were: Mr. Benton, chairman, Mr. Macon, Mr. Van Buren,

Mr. Hugh L. White of Tennessee, Mr. Findlay of Pennsylvania, Mr.

Dickerson of New Jersey, Mr. Holmes of Maine, Mr. Hayne of South

Carolina, and Col. Richard M. Johnson of Kentucky. The committee

agreed upon a proposition of amendment, dispensing with electors,

providing for districts in which the direct vote of the people was

to be taken; and obviating all excuse for caucuses and conventions

to concentrate public opinion by proposing a second election between

the two highest in the event of no one receiving a majority of the

whole number of district votes in the first election. The plan

reported was in these words:

"That, hereafter the President and Vice-President of the United

States shall be chosen by the People of the respective States,

in the manner following: Each State shall be divided by the

legislature thereof, into districts, equal in number to the

whole number of senators and representatives, to which such

State may be entitled in the Congress of the United States;

the said districts to be composed of contiguous territory,

and to contain, as nearly as may be, an equal number of

persons, entitled to be represented, under the constitution,

and to be laid off, for the first time, immediately after

the ratification of this amendment, and afterwards at the

session of the legislature next ensuing the appointment of

representatives, by the Congress of the United States; or

oftener, if deemed necessary by the State; but no alteration,

after the first, or after each decennial formation of

districts, shall take effect, at the next ensuing election,

after such alteration is made. That, on the first Thursday,

and succeeding Friday, in the month of August, of the year one

thousand eight hundred and twenty-eight, and on the same days

in every fourth year thereafter, the citizens of each State,

who possess the qualifications requisite for electors of the

most numerous branch of the State Legislature, shall meet

within their respective districts, and vote for a President and

Vice-President of the United States, one of whom, at least,

shall not be an inhabitant of the same State with himself:

and the person receiving the greatest number of votes for

President, and the one receiving the greatest number of votes

for Vice-President in each district shall be holden to have

received one vote: which fact shall be immediately certified to

the Governor of the State, to each of the senators in Congress

from such State, and to the President of the Senate. The right

of affixing the places in the districts at which the elections

shall be held, the manner of holding the same, and of canvassing

the votes, and certifying the returns, is reserved, exclusively,

to the legislatures of the States. The Congress of the United

States shall be in session on the second Monday of October, in

the year one thousand eight hundred and twenty-eight, and on

the same day in every fourth year thereafter: and the President

of the Senate, in the presence of the Senate and House of

Representatives, shall open all the certificates, and the votes

shall then be counted. The person having the greatest number

of votes for President, shall be President, if such number be

equal to a majority of the whole number of votes given; but if

no person have such majority, then a second election shall be

held, on the first Thursday and succeeding Friday, in the month

of December, then next ensuing, between the persons having the

two highest numbers, for the office of President: which second

election shall be conducted, the result certified, and the votes

counted, in the same manner as in the first; and the person

having the greatest number of votes for President, shall be the

President. But, if two or more persons shall have received the

greatest and equal number of votes, at the second election,

the House of Representatives shall choose one of them for

President, as is now prescribed by the constitution. The person

having the greatest number of votes for Vice-President, at the

first election, shall be the Vice-President, if such number

be equal to a majority of the whole number of votes given,

and, if no person have such majority, then a second election

shall take place, between the persons having the two highest

numbers, on the same day that the second election is held for

President, and the person having the highest number of votes

for Vice-President, shall be the Vice-President. But if two or

more persons shall have received the greatest number of votes in

the second election, then the Senate shall choose one of them

for Vice-President, as is now provided in the constitution.

But, when a second election shall be necessary, in the case of

Vice-President, and not necessary in the case of President,

then the Senate shall choose a Vice-President, from the persons

having the two highest numbers in the first election, as is now

prescribed in the constitution."

The prominent features of this plan of election are: 1. The

abolition of electors, and the direct vote of the people; 2.

A second election between the two highest on each list, when

no one has a majority of the whole; 3. Uniformity in the mode

of election.--The advantages of this plan would be to get rid

of all the machinery by which the _selection_ of their two

first magistrates is now taken out of the hands of the people,

and usurped by self-constituted, illegal, and irresponsible

bodies,--and place it in the only safe, proper, and disinterested

hands--those of the people themselves. If adopted, there would be

no pretext for caucuses or conventions, and no resort to the House

of Representatives,--where the largest State is balanced by the

smallest. If any one received a majority of the whole number of

districts in the first election, then the democratic principle--the

_demos krateo_--the majority to govern--is satisfied. If no one

receives such majority, then the first election stands for a

popular nomination of the two highest--a nomination by the people

themselves--out of which two the election is sure to be made on

the second trial. But to provide for a possible contingency--too

improbable almost ever to occur--and to save in that case the

trouble of a third popular election, a resort to the House of

Representatives is allowed; it being _nationally_ unimportant which

is elected where the candidates were exactly equal in the public

estimation.--Such was the plan the committee reported; and it is

the perfect plan of a popular election, and has the advantage of

being applicable to all elections, federal and State, from the

highest to the lowest. The machinery of its operation is easy and

simple, and it is recommended by every consideration of public good,

which requires the abandonment of a defective system, which has

failed--the overthrow of usurping bodies, which have seized upon

the elections--and the preservation to the people of the business

of selecting, as well as electing, their own high officers. The

plan was unanimously recommended by the whole committee, composed

as it was of experienced men taken from every section of the Union.

But it did not receive the requisite support of two-thirds of the

Senate to carry it through that body; and a similar plan proposed in

the House of Representatives received the same fate there--reported

by a committee, and unsustained by two-thirds of the House: and

such, there is too much reason to apprehend, may be the fate of

future similar propositions, originating in Congress, without the

powerful impulsion of the people to urge them through. Select bodies

are not the places for popular reforms. These reforms are for

the benefit of the people, and should begin with the people; and

the constitution itself, sensible of that necessity in this very

case, has very wisely made provision for the popular initiative of

constitutional amendments. The fifth article of that instrument

gives the power of beginning the reform of itself to the States,

in their legislatures, as well as to the federal government in its

Congress: and there is the place to begin, and before the people

themselves in their elections to the general assembly. And there

should be no despair on account of the failures already suffered. No

great reform is carried suddenly. It requires years of persevering

exertion to produce the unanimity of opinion which is necessary to

a great popular reformation: but because it is difficult, it is not

impossible. The greatest reform ever effected by peaceful means in

the history of any government was that of the parliamentary reform

of Great Britain, by which the rotten boroughs were disfranchised,

populous towns admitted to representation, the elective franchise

extended, the House of Commons purified, and made the predominant

branch--the master branch of the British government. And how was

that great reform effected? By a few desultory exertions in the

parliament itself? No, but by forty years of continued exertion,

and by incessant appeals to the people themselves. The society

for parliamentary reform, founded in 1792, by Earl Grey and Major

Cartwright, succeeded in its efforts in 1832; and in their success

there is matter for encouragement, as in their conduct there is an

example for imitation. They carried the question to the people, and

kept it there forty years, and saw it triumph--the two patriotic

founders of the society living to see the consummation of their

labors, and the country in the enjoyment of the inestimable

advantage of a "Reformed Parliament."

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 28 / 166 章