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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^