ANDREW JOHNSON.

WASHINGTON, D.C., _July 18, 1868_.

_To the Senate and House of Representatives_:

Experience has fully demonstrated the wisdom of the framers of the

Federal Constitution. Under all circumstances the result of their

labors was as near an approximation to perfection as was compatible

with the fallibility of man. Such being the estimation in which the

Constitution is and has ever been held by our countrymen, it is not

surprising that any proposition for its alteration or amendment should

be received with reluctance and distrust. While this sentiment deserves

commendation and encouragement as a useful preventive of unnecessary

attempt to change its provisions, it must be conceded that time has

developed imperfections and omissions in the Constitution, the

reformation of which has been demanded by the best interests of the

country. Some of these have been remedied in the manner provided in

the Constitution itself. There are others which, although heretofore

brought to the attention of the people, have never been so presented

as to enable the popular judgment to determine whether they should

be corrected by means of additional amendments. My object in this

communication is to suggest certain defects in the Constitution which

seem to me to require correction, and to recommend that the judgment

of the people be taken on the amendments proposed.

The first of the defects to which I desire to direct attention is in

that clause of the Constitution which provides for the election of

President and Vice-President through the intervention of electors, and

not by an immediate vote of the people. The importance of so amending

this clause as to secure to the people the election of President and

Vice-President by their direct votes was urged with great earnestness

and ability by President Jackson in his first annual message, and the

recommendation was repeated in five of his subsequent communications to

Congress, extending through the eight years of his Administration. In

his message of 1829 he said:

To the people belongs the right of electing their Chief Magistrate; it

was never designed that their choice should in any case be defeated,

either by the intervention of electoral colleges or by the agency

confided, under certain contingencies, to the House of Representatives.

He then proceeded to state the objections to an election of President

by the House of Representatives, the most important of which was that

the choice of a clear majority of the people might be easily defeated.

He then closed the argument with the following communication:

I would therefore recommend such an amendment of the Constitution as

may remove all intermediate agency in the election of the President and

Vice-President. The mode may be so regulated as to preserve to each

State its present relative weight in the election, and a failure in the

first attempt may be provided for by confining the second to a choice

between the two highest candidates. In connection with such an amendment

it would seem advisable to limit the service of the Chief Magistrate to

a single term of either four or six years. If, however, it should not be

adopted, it is worthy of consideration whether a provision disqualifying

for office the Representatives in Congress on whom such an election may

have devolved would not be proper.

Although this recommendation was repeated with undiminished

earnestness in several of his succeeding messages, yet the proposed

amendment was never adopted and submitted to the people by Congress. The

danger of a defeat of the people's choice in an election by the House of

Representatives remains unprovided for in the Constitution, and would

be greatly increased if the House of Representatives should assume the

power arbitrarily to reject the votes of a State which might not be

cast in conformity with the wishes of the majority in that body.

But if President Jackson failed to secure the amendment to the

Constitution which he urged so persistently, his arguments contributed

largely to the formation of party organizations, which have effectually

avoided the contingency of an election by the House of Representatives.

These organizations, first by a resort to the caucus system of

nominating candidates, and afterwards to State and national conventions,

have been successful in so limiting the number of candidates as to

escape the danger of an election by the House of Representatives.

It is clear, however, that in thus limiting the number of candidates

the true object and spirit of the Constitution have been evaded and

defeated. It is an essential feature in our republican system of

government that every citizen possessing the constitutional

qualifications has a right to become a candidate for the office of

President and Vice-President, and that every qualified elector has a

right to cast his vote for any citizen whom he may regard as worthy of

these offices. But under the party organizations which have prevailed

for years these asserted rights of the people have been as effectually

cut off and destroyed as if the Constitution itself had inhibited their

exercise.

The danger of a defeat of the popular choice in an election by the House

of Representatives is no greater than in an election made nominally by

the people themselves, when by the laws of party organizations and by

the constitutional provisions requiring the people to vote for electors

instead of for the President or Vice-President it is made impracticable

for any citizen to be a candidate except through the process of a party

nomination, and for any voter to cast his suffrage for any other person

than one thus brought forward through the manipulations of a nominating

convention. It is thus apparent that by means of party organizations

that provision of the Constitution which requires the election of

President and Vice-President to be made through the electoral colleges

has been made instrumental and potential in defeating the great object

of conferring the choice of these officers upon the people. It may be

conceded that party organizations are inseparable from republican

government, and that when formed and managed in subordination to the

Constitution they may be valuable safeguards of popular liberty; but

when they are perverted to purposes of bad ambition they are liable

to become the dangerous instruments of overthrowing the Constitution

itself. Strongly impressed with the truth of these views, I feel

called upon by an imperative sense of duty to revive substantially the

recommendation so often and so earnestly made by President Jackson,

and to urge that the amendment to the Constitution herewith presented,

or some similar proposition, may be submitted to the people for their

ratification or rejection.

Recent events have shown the necessity of an amendment to the

Constitution distinctly defining the persons who shall discharge the

duties of President of the United States in the event of a vacancy in

that office by the death, resignation, or removal of both the President

and Vice-President. It is clear that this should be fixed by the

Constitution, and not be left to repealable enactments of doubtful

constitutionality. It occurs to me that in the event of a vacancy in the

office of President by the death, resignation, disability, or removal of

both the President and Vice-President the duties of the office should

devolve upon an officer of the executive department of the Government,

rather than one connected with the legislative or judicial departments.

The objections to designating either the President _pro tempore_ of

the Senate or the Chief Justice of the Supreme Court, especially

in the event of a vacancy produced by removal, are so obvious and so

unanswerable that they need not be stated in detail. It is enough

to state that they are both interested in producing a vacancy, and,

according to the provisions of the Constitution, are members of the

tribunal by whose decree a vacancy may be produced.

Under such circumstances the impropriety of designating either

of these officers to succeed the President so removed is palpable.

The framers of the Constitution, when they referred to Congress the

settlement of the succession to the office of President in the event of

a vacancy in the offices of both President and Vice-President, did not,

in my opinion, contemplate the designation of any other than an officer

of the executive department, on whom, in such a contingency, the powers

and duties of the President should devolve. Until recently the

contingency has been remote, and serious attention has not been called

to the manifest incongruity between the provisions of the Constitution

on this subject and the act of Congress of 1792. Having, however, been

brought almost face to face with this important question, it seems an

eminently proper time for us to make the legislation conform to the

language, intent, and theory of the Constitution, and thus place the

executive department beyond the reach of usurpation, and remove from the

legislative and judicial departments every temptation to combine for the

absorption of all the powers of government.

It has occurred to me that in the event of such a vacancy the duties of

President would devolve most appropriately upon some one of the heads of

the several Executive Departments, and under this conviction I present

for your consideration an amendment to the Constitution on this subject,

with the recommendation that it be submitted to the people for their

action.

Experience seems to have established the necessity of an amendment

of that clause of the Constitution which provides for the election of

Senators to Congress by the legislatures of the several States. It would

be more consistent with the genius of our form of government if the

Senators were chosen directly by the people of the several States.

The objections to the election of Senators by the legislatures are

so palpable that I deem it unnecessary to do more than submit the

proposition for such an amendment, with the recommendation that it

be opened to the people for their judgment.

It is strongly impressed on my mind that the tenure of office by

the judiciary of the United States during good behavior for life is

incompatible with the spirit of republican government, and in this

opinion I am fully sustained by the evidence of popular judgment upon

this subject in the different States of the Union.

I therefore deem it my duty to recommend an amendment to the

Constitution by which the terms of the judicial officers would be

limited to a period of years, and I herewith present it in the hope that

Congress will submit it to the people for their decision.

The foregoing views have long been entertained by me. In 1845, in the

House of Representatives, and afterwards, in 1860, in the Senate of the

United States, I submitted substantially the same propositions as those

to which the attention of Congress is herein invited. Time, observation,

and experience have confirmed these convictions; and, as a matter of

public duty and a deep sense of my constitutional obligation "to

recommend to the consideration of Congress such measures as I deem

necessary and expedient," I submit the accompanying propositions, and

urge their adoption and submission to the judgment of the people.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 614 / 803 题