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j a's-r -it pr?fer t mourns: It* Hint v 0 Hid
1.0 rjvwl in !>-*► pubUr TT'ftmr, wbofe ho
y*or- r> n mao envied, nod whof* re r eftio
to fli e a* ion" ns h* p’eaO'd, l ,r wrl
wenM h!wiv» hsi c U*en without
m-t'lt ; in Him wm "Ireed the rf-ilion <"
v< n ’nw«. And here, fir, let r.« nfk, »hr
thrr 'mir a ft (Him ably (Wine , and
jrf-rn • o executive Mini and if'**
,!r- rn«l*m, at much of the con
fjittition, in prerifr direftion, ami the
bjjrrf yit intended con* r e(s to have in the
courting 'He votes nnd declaring the nre
li lent, were not to ’ave been expeftcf- *
frnm 'he } Were not the then r.r
ermive, and a nmrhcr of the member* of
tio’h hour'**, n emhen of the convention
which framed the ronfti'ntloo • and fi i'
intended to pi-e to rr.n relt, or to nutho
rire them to delegate to a c umTii'te- °f
their hodv the prwen ron'emplated 1 y
this hill, cow’d tlir conprefs or the prefi
flent of 1792, In' r been fo eniremely unin
formed, and indeed ignorant of i l ' meaning
and of 'heir dntv, as not o have km wnif ?
) ha’ e heard many motior» and me ifurei
which have hern introduced bee, termed
hi intended refl ftioni or the i iffent pre
fidert ; but fu elv no more Overe reflec
tion • 'he mifHkes or ignorance of the
ct ng r efi n nrefident of that day can he
pafled than this bi’l It will exhibit in the
Mtorld • u decided opini n, 'hat they were
be tli ignorant of the power of the r el
peftiv# depar»mrntl, a* d loth neglrfted i
declare and nHert them. An un artial pub
lie will, however, f-e' themfel' e* ime efted
on thii very important <cca(ion, to rec 1
left 'he circumfta cei under whi h the adl
of 1792 wai palled, and th"fc under which
the prelent attempt has hecn made, and
Upon compati'g hem, to ew-mlne ami
dec.de lor themfelvri. They will find,
that in that year they pofTefled a* able an 1
independent a corgreft ai Mies can ever
rertfonahly expeft to fee j.gain ; that they
wee 1 hrn in perfi.ft peace; n - treat 1
had hern nude with Rri'ain, or at
lianie diliolved with France; nndepre a
tion* vexed their commerce; no improper
partialities lor contending nation* divided
their counci l ; tel efting -in ’ tfiike rel
pefted hv the whole 'amily <■! the civiliz d
world, heir c fi un rv whi thersfidener o
peni e and induftty, 'tnd the af'lurn f the
oppredrd of every nation. Their confti
tuti n wa* univcrffilv admired ; it *a>
drawing * them a gent fliar e of the wealth
the art j, and hr inform m n of Europe
no rival candidates contended lot the chair ;
it win fi led hv h'm wh ha Ino opponent,
and who was on the fnc eecling vearngai
tin 11 imonilv fommnned u ocu y n
tinder rircurrfl'nces f» favourah e to the
Impartial r*e'C fc ol hofc legiflative du
tiei, will no' our ci izen he 'neime ) t<
fuppole that the aft of 1791 wa* «proper
one, and that there wa* ie probability of
ifs nrovifioni being in a temperate end un
hi a (led conformity to thee - nil it ut ion, > h
any aft which could he palled at this lime ?
A 'ime when no man can fay «-e are a
peace, cr that nu> commerce it free fr m
depredation! ; or that ftrong con endh g
parties do not divide onr cc u. c1 * 5 and c. 11
zees, as well wfih tefpeft to ft r ipn p..h
lie*, at 'o him who u hereafter to fih ihe
executive cle nr uten ; a time, when 11
out of the qucftloi n°t to iuppoic hat each
p rt' w ; ll I'e C' cry mean* to lecu-e thei.
favourite ohj'iT.
It a tei comparing thefe circunUlance*
onr ci jzens lb ol>l cartfu ly perufe 'h<
expref* direfli >ns of the confliiui u, thev
will lia'ehut little donb: to which aft o
jjive the meference, a the pro, *r and*
Hitutio; al one Kv slewing the ill left"'’
of the fecord artic c of tic confti'utn 0,
it 11 to e feen, *hat on tlie day fijped b
law, which i* the feeo'id Weclielda> >•
February, the prefident ol the final*
llinli, in the \ refence of 'he lenate *> d
honfe of rcorelentaiiv e», open all ilie cc •
lifica et, and the vote* fhall th 1 been"
eil ; tlie perfon having the greateft number
of vote* lliall he 1 reliden', if fuch number
he a majority < f the whole rnmher of c e> •
tor* a" ‘dinted ; and if here he more dan
one whi hi*r fiuh majority, and ha'C
equal number of votes, the' 1 , die boufe
of reprefemati vet lha.l imneiliately cltoi
by liallot one of them for Piclideni ; and
if no pe>f n ha\e a naj niv then from
lie fi' e hii’hefl on the lift, the fail conic
fhall in likt choole the Prefidcnt
From tni* pan of the conllitutiot tt is
evident that no powet or authority is given
to c> ngrefj, even when both I oule* aie
allrmbled incur ention, lurthei than !<•
ope nnd count the vote* and declare who
»ie die t relidenl and xice prelidcat, jt an
eleftion has been made; but that in ca'f
*° cleflu nis mud* hv the elector?, or o
can ’date has a majority, then the h nle ‘
reprelenta ivet me, (voting by flares) im
fHtJuit y to rhoofe on' -d ihe five higl eft
on he iift, the Puli em. See.
In order that evrty man may nndcrOard
what 11 here meant hv d-* f oft, , tion,
*nd s*-hat 1* its** rel i/rfSicn and Utter I
1° 'hil eleftion, le' u* isamine •• h. is
the literal meaning o' the word jtih,
And wli» it was introduced here. The btft
and moft genrrnflv a<in'i-ed r*! onrder* of
the Erglifh Innru ge, give this explanation
of th# word imnuaiatt/y ; ihfv fay it tneani
* ( itiftan'l*"—jt the p'efr"ttime— with* ut
delay. This is the rrearji g the framers ot
the corftimtion intended to give it, and it
admin of ro other. The j am, ciorcfs,
literal direftion of that inflrnment there*
fore is, that in cafe f no eleftion, the
o< reprefentatives voting by flatei,
are ti at is tuftamly, and on tbf
f’pot> » In tit leaving the hon'e in whi> h
t 'ey nr« then atlrtnbled, and without a*t.
j onritment, to choof# out of he fnc high
e‘t oerdi-'at«i that ha\e been voicd for b'
tne c ecton, the ore whiih is to be the e».
ccu'ive.
The reafon* for this imme<liaie e'eftion
wi aty judgment, uaamurctable; they
f) e\v * PTV tl e fotrfijld and rfttticn
of the oonver'l'’n, ami, if mt (tr'ftiv *'*
ended to, n ay hfc prodUftive of the to
ferw us calnmit es to onr country. The
reafoos nre thefe ; that from our rapidl
increrfing ftrengdi a'dc mnt'tce, front the
enterprize onr ri'izens, and our pa ft*
Culnr mnr.’tittt Jituat in *1 it rpfpcfts he
Weft (mhr», South America, and the
power* having roffelHoni in both, it war
eTil -to he feen, that in«nv co (lift let ween
thefe powers, our fnendlhip or hnftility
muff he of the greateft impor'anre ; that
tl ev therefore would never ceafe to inter
fere in onr politics, and endeavor to direct
them in the manner moft luirable to their
own interefts ; lha' from the difficulty of
influencing fo large a bn* y ?t congrefs, and
from 'hr immenfe power ol the reliden 1 .
nor o’ ly over the laws, but foreign co -
neftion* of the uni n, that them princi, nl
effort would be always to hav« ore of
their owi frien ‘s ch fen ; and r<» efTeft 'hiv,
no in' ueurc would he irfi untried. 1 o
prevent this therefore, and to make the
e»e,utive indenendent of con!’rrr». the
eleftion has been gi' en txc ulivr'y to the
dates under the direftion of the ftate legif
latures. If an eleftion 1 made by he
elffto, 1, and fuhjeft to no fu’tire contr* ul
or revili n on the part of Corgrefi, then
the end intended by the conftitution of
p r even'ing the interference of foreign in
fluence, i* completely anfwercd : for,
clefteu hi they are, and voting as the elec
tors mu'’, the interference of foreign goht,
or influence, is im 'ffib’e But it wa* to
he fttppofed, that inft. nccs would occur,
line >wo candidates, hiving a maj‘ rtty,
miv be equal in their number of vote : «»r
where n candidate had a majority of the
whole electors appointed, and an election
nmft take place by the national legiflaturc,
or a branch of it; theqnehion then ar<f«,
how was this eleftion to he guarded to f/c
-vent, as far hs human prudence could, im
proper domcflic cotbinations, or, ’•hat is
infinitely w rlr, foreign interference ? It
was a diificnl thing, and required niocf 1
deliberation The confti.uti' n i'eft*, that
t'ie elefti'rs Prill vi. c I y ballot, ai d fca! u»
and tranfmit t eir voit to the prefidcnt
of the fenate. It is espefted and ed
b ‘ the ccnftitit'ion, tliat the votes Jim! l he
/eertt, and unknown until opened ir, the
prefe ce of both houfes To fuffer them
t» be known, as heretofore has been the
pnfti*e, i* unconftitmional and danger- us,
mid goes to <icfe.it in feme meafure thr
wife provifions of that inftrument, n de*
clari g, 'hat when the houie of reprefen -z
-i es are o cleft, that it fhall he done im
mediately The ele o1 t crrfnre, outhi
ne*C’ (o divulge 1 ’’ei r votes; the von
being thui unknown, it w -uld be imm-Ul Ie
in nmft inft n.ci to fiy wlm were elected,
Ot who had the fi „e highelt numbers on
the lift The leaders «( d meftic imriguc
and foreign emiflaries, w u’d be at a lol*
hove 'o di'cft liteir inHnenc#, and the elec
tion bv the houie of reprefenrauve* taking
"lace immediately «<ter the votes have
been m ened am: count**', *H?.t body would
;o t > the eleftion free and u: 11 H enced,
t* they ought. And ts nor th s, ur, fafer ;
is I n’t i>etier than the fmallcft delay
Ihould take place in determining ir ? You
are ta chuof'e out of the h'ghcit can
lidate* un the lift of the e eftors’ vote* ;
!» never ca > be fttppofed, that men thir
cltbera el* chofen a* el»Ct*'rs, would vote
* >’■ any but the inuft diftinguilhed amongft
<tu. citizens, or oin' the a tentiap <t the
■ublic or of the houfc of ren'efentatives,
t obfeure or improper iharaftcrs. Thr
fie having :hC h glieft number of vote> }
wili all inr fuch men ns that ei-her of them,
'f chofen, will be well qualified to fill the
office ; and it will be lefs dm get’ us to the
b ic intered, that even one who may ni t
u 1 ’he inuft qualified of the fie, fhou *
e elected, than that corgref* ffiould aft
junrn '0 neliiicra e on it, and thus eypofe
thcn.felves, a d the beft imc'eris of their
c nillituenti to Mir (ccret an 1 artful attacks
tliat will be made n their integrity.
It is to be remembered, that a ound the
ea' •: coi grefi will be pi; ced all the open
an I accredited mb.filer-, as we'l a» fectet
emiflaries ot foreign powers. Here too
will he a. entitled the concealed lenders * f
d medic Taft fin ; al’ the *r 1 * and intrigues
th; t have been tiled i' e efti ve government 1
in ihe oid world, will Icon find their way
among ui ; and if the cleft ;r$ do not coo
i«.M their votes until the day ap oin:e
by law for openir g them, and in cafe of n
rlrcftirn by them, un in mediate one by the
houfc ‘if reprefentativesdoei rot take pi m e,
■e Ihall foon have the feenrs of I'olift
Diets and eleftionj re-afte I heie, nnd v
lot many yean die fate cf Poland may b«
hat rf United America.
Wifely forefeeing this, the conftitnti*
exprefsly orders, that 'he eleft.o s Jl ill iite
ly ballot 1 and we all kn w, that 1 <t» b»
fiailot is to vote fecret y; that the fha’ 1
he lea cd up, and i t , , pered until the r*a>
appointed by law. aid that if r" e eft ■
ha* ‘fen mede by the - eftors, «n nr mediate
ine fliall ake place by the h uic * 1 repre
frntative* 1 that fo far from appointing
commit eel to receive ni»mo'i«l» or peti
tions reft eefting the elecftion, crdcci*le 11 p* n
it, < fi« far fr m ha* i g any right to dele
gate an tmhofttv m th-sfuijeft, th 'tcon
prefs Jhall not themselves, even v.ben in rom en
tien, have the IntHlleff power to < ectrie 01
n lit pie vote; that they fhall no have
eulho ity to adjourn 'or one m* men 1 , but
fhall inftanMy and on the fpot, in cafe of
no eleft on b- the eleiS. rs, precred 10 the
choice ofa prefidcnt, and not fr j aiate until
it is cterminci l .
I have intent-orally gore into repetition*
or this lubjeft, in order to irnprefs on the
hrufe the »\fil inennit g arc! irierl cf the
word im* er.:ale.y, .TO to li •W < hew utter'y
uncor t'.iu 11 n. I it would be, for cm g'el*,
eiihf rftmp in their (eparat# chaaiber*, cr
in convention, to attempt to aflumc >0
thtirTclvt* the power to icjcft a [ingle
vf'te ; rru how inadmittible ftiv.o: 1 t the
fhat ihey cnulti delegate it n a fmall
r eked crmmittc», rliofen by die
i E)< rinf> in b<vh iioufcs, and Ti ling with
clofed ti fen, ?.nih"ri(cd irrevocably t< de ret
who fliall be proclaimed prelidetr ; a com*
miner not even to h« appoin ed by lot , s
was propofed, in irni'Mton of the c >di"r
romtrittre of Great Br-talr * a mealure
which might have had the appear r ce of
•iving ro the friend* rl all the tandida ei
(nmc chance of being on if \ no* limited,
*■» was afterwards moved, in imitation of
that part of the conftitution which r*lpe£l
the malting < f trea’ie', to the number of
t wo thirds being neceflary for every dcd>
fi.»n : hut to a c* mmittee, rhnfen by the
majorities of both h -ufes, infl as their own
political opinions and prejudice* flial
prom pt.
Extrao dlnary and uncnnftit’itionl ai this
m (l< <>f chnolmg a committee mull appear,
and new and unknown as arc the powers
intended to be given 10 ir, perhaps no part
of the bill ft ikes ns with more aflonilh
meat, than that the deliberation* on all
hefe greit and important queftions are to
be n fecet, and that the committee are to
fir with clofed do< rs. We huve h therm
* -eo taupht to believe, that only on eteecu
five iufiieft, or communication- deemed by
the executive or either branch to be of a
fecret nature, that mir citizens were to be
den'ed the right of being orefen l if they
plcafe * but that on aM leg'Jtitive iuhjifhy
mod articularly oh all cjueli tuns rel edting
elections, «he dellberaiincs of the bod
who a r e to have "bwtr finally t . decide,
mtiO. ‘rorn the ns'u r e of our government,
be often find uncovered,
I hate heard that at a time when
up n all other queft’nns the door* of
the fenate were fhut vet that when
the ripht of a f oa'or to keep hie feat
was difrufted, they were ordered to he
thrown open. If then on a fubjeft in
which the righto of a fmgh ftalc legifla*
tore were invcft’gated, you de lat'd ir
pr- per the debates and d-c Hons fhould
he ’n pubhc, how much more impor
tant ip it that cv ry eye fhou'd be enti
tled to infpeft the conduft, and every
eir to lift en to the decifi db of a body,
on whofc decree, without appc*l, are to
depend the rgh a of every legiflatore in
the union ? Can it be fuppofed that
fh'B extrao'dioary meafnre wdl meet
the public epprobatioo ? v in we be ig
norant of the jealous temper of our ci
fizen*. th^ir genera! mfnimati n. and
the r perfeverng and laudable endeavors
to be acquainted > mcafures.
Do we not fuppofe that the ftate lev if
la'Urcs will feel particularly alive on ibis
fubjefl, and that they who by their
peilcvcranee have formerly «nh»rred the
doars of the fenate and opened your
le, flative del berat ions to the public
view. will fcarce’y fuppofe that an in
v ftigatlon fo much more important
than any 'ep-fistivc act, (hou ■ * e vei'ed
from a jea oub infpr«s\>©n ? Wiil they
not remember that m all corned d
elfftionn of members of cither houfc,
he debates are in public ; and by cou
crating thefe will it nor be a reafoo
with them to believe you doubt your
right to aft at all ? If opt n elect or s
in a ftatc leg figure, or the national one
petitioncra have a righ. to be heard
op-nly and \ y ccunfel, ought not the
fame right o ntft tn an election wfere
a I the le; fia-urcs and all the people ire
concerned ?
It is no arfwer, or no reafon for fit
ting with clojed doers, to fay that the
teft mony s to be entered >n writing on
i he jourra’s of the committee, and t 1 c
members ate to enter their rcefoni and
figu t> cm for rrjefting a vote It ii
oot to knew the refult of their delibc
rations, or what laws they pafs, that
creates tlcncirfTi'y for deliberative bo
• i-s in free countries fitting w th open
doorfl: it 10, that he public eye tray be
corAandy upon them ; that a 1 their
orvetrenfa may be feer, and all the
opinions thiygive on pub * q'j'-ftions
or in deha'c carefully amended to’.
When a fingle member in ihe houfe
of i epr. fetitaivr s n ay rrptefent them
t' reft* < f abr v$ 30 CCC iili/cns, and in
♦ he frr a'c ujfwaidi cf hu< drrds of
'• r ufands 1 or „where a comm rec of
♦hiriecn are »o decide on the tled cn of
the officer who is to prrfidc ov?r up
wards ot five millions of people, m ft
lurtlv every opmicQ and every motion
ot each m.-mter fhould be ftrifctly feru
’ir zcd. If ever there could be go; d
reafona for opening the deliberations of
any embly of men to the public view,
they mutt ?pp'y with redoubled fo-ce 'o
th'B ; if ever the opinion or Head-tide,
or integrity of a tocy fhcu d be vigi
lantly attended to, it mult be of one
who art 'o pcfTeis full and irrevocable
power to rejtd or recc ve the vo't* ot
the ele&ors is thry pleafi* am finally
to uc dt ; it ns power 100 iirpcr'.arl
to be c&etciUd ib tie dank ; it uccn
tr»ry(o wtat rczU to U tU praM,. ?
of every government, wh c f e pr ,i f V
fhonM be to invite the : n»e(!i v »t : 0n 0 f
their c f oftitucnis and of r etV, *
fern the public eye, to *p n “ !
there was a wodow in its brfom.”
It is among the precrpis of our re 'i
(TOD, tbai we fhould continually p r j r
not to be led into temptation ; to am d
be.og tempted to do improper thlnrj
would be an excellent rule w\h public
bodies, as well as wth ind vdoelg •
many private crime# would hr prevent
ed, and many indlfcree: and uncorfti u ,
tioml afta not even thought of Self-*
intereft or revenge are Com* times fi
pow-rful incentives, •! at tenip*at ons to
purfue the one or grai fy tl e other, i rc
frequently no* to be rrfift-d. To no
public body his ever a ftrongfr temp -
taticn been h-ld cur than this bill of
fers to the huufe of reprefe; t?tiv?§ If
tt c clcfticn by the electors can hede
ttr ycd by any means, the conftiturion
g>vci to that houfc the election of the
prefidcnt j If therefore th ir favourite
c andidate has not the majority of votes,
but comes fo near th*' the njeftirp*
few ot bis rival’s w II prevent an elec
tion, and bring it to their houfc, how
eafy is it for them fo eleft fix member#
whole opinions they have p'cvrufly
known, and that fenator out of th#
ihree nomnared by tte fcna*c whom
they can ffioft dept-m. upon. as fi led
for their purpofe, and wirh tbefetod;-
ftroy the eicftion, an.! aflume ’o them
helves the power of deciding who ; s to
be your fupirme t xe.'Ut vc. Confider
ing the influ nee and authority of his
officer how much he wil have it in his
power to rewa d fuch tr’cd fr endo as
tl rfe, friends who have proved :hem-
Irlvcs fo valuable to him ss to have
f't afide the eltftion of his opponent,
who ought fo have bten the fuptrfslul
Candida.e, and placrd hirofeif in the
cha r I a/k, if it is not a temp aboti
too great to ffer »c any fin 'e body,
Ikc th< houfc of repr;fen:a'ives ? And
that if ibe conftitut on, by the m (I
forced conftruftiou, tad ever permuted
or intended fuch an event, whether it
would have dcfeived the encomiums It
.as huherto receiv ? Whether, in!»ftd
of having a re* iy independent escc u
tive, chi'fco ud. er f be d reftion of the
ftale ! fg llacures, in a manner to ptewfnl
the iifucnceof foreign gold or doo?T*
tic faftion, whofe eicftion in or. J er
that |ie may be in the exercih of
h s rev fionary power, and honrft in tbc
difpofition of the public honors was rot
to be fubjeft to the con»r ul or inter
ference of cocgrcfs ; one who could be
really called the man of the profit and
on whom thry could Urp-nd ; whether
irftrad of having an cflWr Ike this#
you would not hrvr n lettered aep'ndrni
creature of the t* e piocuM on
of 'hen litt lc packe t cctrmi'tee, s >hfrg
with a chain on his p n, and a emb in
his mnu h, that could neither write,
fpeiik, or even figo his name, bm * the
will of his creator# > and whether this
thing when prefented, however be
m gin be called and obeyed, w.-u Id de.
lerve to be co:Tidered fuch a Prefideol
of ihf United States ae the coefti ut'oa
intended ?
I now come to a part of the bill. on
wbch, fliould it become a lav* it ap
pears to me that mfupcrahlc difiicuii'f*
wi uld anfe and this is ihe fedtinn Aica
rtfpeftp testimony. By tie 15th feef oa
it is fa d, that pc: fens petitioning *gaiu4
the votes given by any °f tf:e c trtor *
of pr.fi ent or vicc-p r -fident of the
United Stares, and perfone deft ou* of
(upporting fuch coolci'ed vo ea
rclptftivciy obta n in
fame manner and under the l-itne iwe4
and regulat'oos. which ar- 1 piov.Jed by
the aft entitled, “ Ad «o prefenbe
l “,;h.e mode of taking evidence 'U cafe*
* of cottefted elcftiocs for mcmbf'fl of
t 4 the houfc of reprtfenta ives of “ c
“ United StatCfl, and to compel tbc
“ attcndaoce of w'tuiH 0 ’’
ru es, tegulaiions and p oaltlcs of b*
faic a£i, are and fhsll be extended *
cafes arifirg und r this-ft agiuilvse l
if e fame weic hceio recited aud t db-'-*
By the aft to which thia alludes.
judge of the courts of ihe Ua ted St* c *
or of a Bate, or if they lb« ro °
venieody obtained, two jnffieft ot f
proce are, on application of ? oe par 1 *
conieft ng elefticDS, 10 iffuc • waru’Q' c*
fummoos to w to«ff s, to attend
feme C' nvenieot time and place; u
they are not at beir ufual rtfid' -0 c *
leivicc of a copy is aedi^