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rmflibility, or rnadmilHoilitv, of
xhc votes given by the decors
for nrefidenf and vire-prefidlenf
of the United State* ; and where
votes pi all he rejefted hv the
grand committee, their rtafons
fhall he hated in writing for Curb
exrlufion, and figned by the
members of the committee who
voted for receding them, and the
report fhall be entered on the
journals of both houfes, who
ihall, on the day after the report
is made, meet and declare the
perfons duly defied ; and if no
eleCiion of prefident has hap
pened, then the houfe of repre
fentatives (hall immediately pro
ceed, as tlie conftiiution direCls,
to cleft a prefident.
Sec. 10. And be it further
enabled, That when the grand
committee Oral! have been duly
formed according to the direc
tions of this aft, it fhall not be
in the power of either houfe to
difTdve the committee, or to
withdraw any of its members.
Sec. it. And be it further
enabled. That rt fhall be the du
ty of the Executive Authority of
each Hate, to raufe three copies
of the law. refolution, or aft of
the (late legiflatures rcfpeftivelv,
under wh ch eleftors are rhofen
or appointed to be made, certi
fied and delivered to rhe elec
tors in fuch (late before they
give their votes, and the eleftors
fh II annex one of the faid co
pies to each lift of their votes.
And it fhall hereafter he the duty of
the elcßors to exprefs fpecially in
their certificates, the time the place ,
and the manner of giving their
votes .
Sec. 12. And be it further
ambled. That all petitions rci
pefting the cleft* on of prefident
and vice prefident of the United
States, (ball be prefented and
read in the lenate of the United
States and remain there until de
livered to the grand committee,
at which lime e ch petition (hall
be read in the prtfence of both
houfes ; but no petition (hall be
received after the certificate of
th<* el ftors fhall have been
opened read and committed to
the >-rand committee; nor fhall
any petition againfi the qualifications
of a candidate or debtor , or tor im
proper condift in an debtor, be re
ceived unlefs notice thereof be
previovfly given to the per fen zvkofe
qualifications are contefled , or whofe
improper ccndutd t* petitioned a
gatnfl.
Sec. 13. And be it further
enabled . That perfons petitioning
againft the votes given by any
of the eleftors of prefident or
vice prefident of the United
States, and perfons defirous of
fupp ( uing tuch contefled votes,
may rcfpeftivelv obtain teftimo
ry in the fame manner and un
der the fame rules and regula
tions, which are provided by the
aft, entitled “ An aft to pre
feribe the mode of taking evi
dence in cafes of contefled elec
tions for members of the houfe
o f reprefentatire* of the United
States, and to compel the atten
dance of witncllesand the
rules, regulations, provisions
and penalties of the faid aft fhall
be. and the fame are hcieby cx
te: drd 10 calcs arming under
thi' aft as fully and abfolmely
as it the fame wctchcicm recited
& enafted. Provided always, Tint
the teftimony thus taken, fiiall
he Iran (blitted to the fecrctary
of the fenate of the United States,
on or before the day on which
the certificates of the eleftors of
the president and vice president
of the United States are to be
opened.
On the third reading, it was
moved and agreed to bythefe
nate, to (hike out the whole of
the 7th feftion, (which limited
the grand committee in the ex
ercife of their powers) except
the provifo, and we do notrecol
lebi whether that was flruck cut or
not . The public journal of the
(cnate, however, will declare if
leferrcd to. It was alfo agreed
to (hike out the words in the
firft fc6lion “ as is herein Limited
and prefer ibed f this being the
neceflarv confequence of the
feventh feftion being (truck out.
It was undeiftood as tacitly
agreed among the members, that
the arguments on the unconfti
tutionadty of the bill, (hou d be
referred until the bill came to
its p (Uge. On the queftion of
palling, Mr. Charles Pinckney,
agreeably to notice, fpokc very
much at length againft it. We
have been favoured with his
fpeech as follows :
SPEECH
Of Mr. Chari es Pincknfy,
on the paffmg of the hill preferr
ing the mode of deciding di/puttd
eleblicns of Prefident and Vice -
Prefident,
Mr. President,
THE queftion now before
the fen.*tc is on the paflfage of
the bill. It having been un
derlined as agreed, that we
would rcfcivc ouifclvcs uu its
c< nftitutionality until this pe
riod, I have fomc claim to ex
peft your indulgence; while 1
review, not only that tubjeft,
but the principal features of the
bill; while I endeavour to (hew
that it is a fetious invasion of
fomeofthc mod important rights
folcmnly and explicitly referred
by the conftituuon to the (late
legiflatures: that it is a bill more
alarming in its confequences
than even the alien or (edition
law, becaufe, however unfriend
ly I conceive thole to have been
in their principles and opera
tion to the liberties of the peo
ple, yet after March next wcare
to hope nothing but the mourn
ful reflection will rem-in that
fuch laws have ever exrfted ;
while the act before you is to
continue as a perpetual one,
unlimited in its confequences
and duration, and is to txift as
a check or diminution of thole
important rights, which by the
ccnftitution are folely and ex
clusively veiled in the date le
giflatuics, or under their direc
tion with the people, and with
which ccngiefs have no power
to intcifcrc, except in the man
ner I (hall hereafter detail.
I am indeed moreanxious on
this fubject,ason many impor
tant points the majorities in the
fcnale were Imall, and as I well
know the (uhject will excite very
great public attention. The
dates, and the (late legiflatures,
will teel thcmlclvcs particularly
concerned, and I have fome
realon to fuppole that fuch of
ihcfc as I reprefent and who arc
of my opinion, will expect from
me a defence of what they con
sider as their juft rights.
I will begin mv remarks on
this fubject, by averting that ail
powers not fpecifically given to
cougrefs by the conflitution, are
referved to the dates or the peo
ple rcfpectively: that this is the
bale and principle of the go
vernment : that without any
exprefs declaration on the fub
jedt, or an*/ amendment to the
original inllrument, this is the
conflru&ion we are obliged to
give it; but that when we cou
ple with this conllruction the
12th amendment, which thejea-
Iou(y of the dates insided upon,
there can be now no quedion,
that in the language of that
amendment, the powers not
delegated to the United States
nor prohibited by theconditu
tion to ihe dates, are referved to
the Oates refpectively or to the
people.
b ia of eflcntial importance iu ex
amining this bill to recur to thofc
amendments and the rcafoo of their
bring adopted. This appcaia in the
caption of the refolution recommending
the amendments to the adoption of the
ttates. It is id thefe words:
“ The contentions of a number of
dates having at the time of their adopt
ing the conftitutioo, expreffed a delire,
Hi order to prevent mifcotiflruftioD or
abufc of its power*, that further declw
r ate r y and refrifitve daujes Should he
added : And as extending the ground
ot public C( nfideoce in the nt,
will brft *infure the beneficient end of
its inftitution ; therefore congrtfs, ac
cording to the conftitutioasl mode, re
commended to tie ftates to agree to,
and their legiflatures did adopt fuch
cf the amendment ae are now officially
d rcftrd to be annexed o the conftuu'
t on.’*
By this caption it appear* that jea
loufics and fafpicions cxifted iu (be
flatc* : that they were anarous to have
fomc declaration of the principle of the
fyftem o be afeertamed on the fuhjedds
of religion and the preft, and the rights
of the peopit and the Jiate legiflatures «
they knew that panics would arile,
and that as in all government unprin
cipled and defigning men bad rallied,
they faw no toexpeAihat heir
own wou'd be without ihcm s they there
furs determined that an explicit con
ft tu ional declaration (boo'd be annexed,
exprefsly ftipu'ating, that the poweie
not fpecifually delegated were rcfciv
cd, and that the prohibitions and re
flations mentioned io the amend*
mcnti fhoull be added, io the nature of
a bill of rights.
When thefe amendments became a
part of the cnoftiiution, it ia aftomfhing
how much it reconciled the Ha es to
that meafurc t they confidcrcd rhem-
Icitte as lecure in thofc points on which
they were the moft jealous ; they fup
poftd they had placed the hand of
their own author' y on the rights of
religion and the preft, and as the facred
right oi the ftates in the clc&icn rf the
preftdent ; that they could with fafety fay
to thcmfclves, “ On thefe fuhjefts we
are io future lecure—We know what
they mean and are at prefem, and fuch
as they now ire, fuch arc they to re*
main until altered by the authority of
the people themfelveg—no inferior pow
er can touch tb m. Io our adorations
to rar maker, our right to remark cn
public men and meafures, and the ex
tiuQfe tight of the Hate legiflatures
and people to cleft the (upremcexecu
t te, congrefi have no suihonty to in
t'rfere. They ate not wiih'O the ordi
nary fpbeie of its legation. H
I appeal to any man, who difpafDo
o» eiy peruf s the cooilitutioo and its
amendment, and who recolle&s the
mode and reafons of their adopt on, to
at fwer if tins vis not »l.c conftru6iion
then uoderftood and which now ought
alwaya io be given to them. It ia the
one I fhad ever contend for, and it is on
this ground i fhall endeavour to (hew
that congrefi have no right to pafs the
bill lefoie you, or to legislate at all fur
ther on the lohjeft, thto ibey have dene
by the ift ot 1-52,
1 fuppofe it wHI \ ct It Jen!?,:
tl at the people arc the room cu f. ua '
tain of authority to both thc (eler a l £ , 4 ’
ftaic gomnmente ; that the corfti ut ;
rcpofea exctlufively in the lute itnrtj
for the formation of a part ot the fedr
ral government, and in the people tor
aflo her part j and that in the appoitt
incDl or formation of their part, i| ( .
rights of the fttic Icgflaturrs tnd people
*ie exclufive ; that the lt-ue govn i
mco'9 arc the pillars upon which fi*
fed rial govctnmect murt pH, andtlaj
without a cordial and aftivr pe formanc
of their duty* the latter cruid Dot p r()
ceed or exift. That in the formati oQ
of the federal government the p CO p .
found that their fafety roclUUd m y
iog certain extiujive rights to th c
legislatures in thc election cf leaatora
and of their prefident—the firft to infurc
to the (late governments thc i ex fierce
as fucb, and their equality in the fccond
•branch, and thc other to make their
cxecut ve completely independent of the
national legislature.
In examining thefe erc’ufivs rghts we
will at once perceive that in t;. c mode
of voting for fenatora, no other part of
our governments can interf re than the
ftatc legislatures ; if they or refufe
to elects there is no pou tr to compel then.
The only authority to interfere, n n
the fenatc of the United States, snl
their power extends only to the de'er
toinat on whether a fenror is cocft -u
lional y qualified or properly cornu fi]
oned, and in difeuffing ifiis, neither tt,e
prefident or houfc of reprefi maims caa
intrrferc.
With refpeft to the houfc of repre
feotativis, for impoitant rcefoni there
is a fuhftant al difference—a right is in
thejirfl injlance g ven to thc ftatc legif
Uturee, to cttabhfh regulations for ti e r
cleft on ; and in the fame chiufe a right
is given to congrefs. not to the houjt oj re
prejentatmes, but to corgre/r, not only
to make regulations on the lame luhjrdt,
but to alter Such as the Hate leg flufU'ts
have made ; giving to Congrtfs, in fact,
a paramount authority, whenever they
pleafe, to regulate thc eicftiocsof 'he
houfc of rtprefenratives in any manner
they think proper.
JLct u» for a moment compare this
with the dirtft.ons of the conflrutiou
teipeftmg the e'aftors of a picfidcm,
and then permit me to call your aiten
tion to thc remarkable difference there
is between them, and the rcafocs far
this oiffrrcnce.
By he confutation, e'eftors of a pre
fidcnt are to be chofeu in the manner
direfted by thc ftate Irgiflatu*ee— o is 9
all that 10 fa id. In cafe the flat e Irgfli
lures refufe to make thcle diictlonr,
there is no power to compel them ; them
0 not n Angle word iu thc cuudnutioa
which can, by thc rooft termed c<b
ftfuftion, be eattetded to give coi g tU
$r a y branch or part of our federal go"
vernmeot, a right to ratke or alter th fi
Hate leglfla urcs direft ons on thus fiih A
jeft. Ihe right to nuke thefe direc*
lions Is complete and extiufivr fnbj'fl
to to contrcul or tcvifion and paced
entirely with them for tbe br(f »' d
miff UDsflfwcrab'e renfors Ji vrs >r•
tended to give your prefideot the <otc
roaud of your forces, the d fpefal of ad
the honor# rind offices cf your govtm
mcot ; rhe management of your (orn'go
concerns, and the revifion cf your laws*
Inteftcd with thefe important p » c r’»
it was er-fi y to be feco that the h nor
and intereft of your government required
1c 0 ou'd execute them with firmnefa
and impartiality ; that to do this be
muft be independent of thc leg iff* u r c ;
thht it muft have no contrcul over his
eltftioo ; that thc only mode to pre
vent this was to give the exclufive dircc
lieu to thc Hate legislatures, in tiic c cc
t op of ehftors, who Shnuld be rbl'gcd
to vote Secretly, and that the vote Sh u'J
taken In fuch manner, and on ti e fat* l6
day, as to make it impeffiblc i r l^c
different Hates t( know who thc e'eftor*
are for, or improper domeftic, and whal
is of much more confequeuce, fotf'gO
influence and gold to interfrre ; tbat tf
do'og this, thc prefident w- uld • c»‘‘7
ho d his office independent of the legi*
iature » that tnlfead of being the t ores
lure, he would be the mao of the P co
pie ; that he would have to look to them,
and to the confidence which Le fe f
own meritorious aftiocs would it fp !rC
for tpplaufeor fubfequem appointments
InHcad of this, what is the mode p rJ
pofed by ibis bill ? That thc fenatc
houfc of reprefentatives of the Unit‘d
Suits fh»ll cxfch of the® cleft C*