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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*