Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-20

1
TEREs or ADVERTISING.
~ One square, or te''-Firs Insertion, rs een's-eaeh
No .veremen inserted until it has either been paid
tor assumed by some person in this city or its ensrons
From the National inteliigenser.l
Remarks on the election ofthe Chief Magistrate
respectfully addressed TO the Republican mem
bers Of Congress- CoNTINUEp.]
In examining the question, whether the
Constitution OF the U. States forbids "a nomi
nation for the Presidency by Members ofCoD-
gress, in their individual capacities, il is my sin
cere desire u do full justice to the objections
which have been derived from this source,
although must say, they seem To me Ia be
Of SO attenuated fibre, as to be totally desti-
tute of strength.
They are two fold; one description ofthem
being founded on the letter, and Che other on
tAe spirit of that instrument. As itwould he
difficult to take distinct views of them, without
snpairing the necessary illustration, shall not
attempt their separation, but notice them as
they may be presented in the progress of the
discussion.
In respect TO the former, ] have not heen
able To find more than two provisions of the
Constitution IN soy wise applicable the FIRST
prescribes that no Senator, or Representa-
lirc, or person holding an Office oftrust or pro-
fl under The Uniied States, shall be appointed
an E!ecfor :" the second, that " the powers
not delegated to the United States by the
Constitution, nor prohibited by it to the
S'ates, are reserved to the States respectively,
or to the people,"
10 understand correctly the bearing of these
provisions, it is necessary Ia advert to the
provision for the election of President and
Vice President. According TO this provision,
the electors are to vote in distinct ballots, for
President and Vice President. The person
who shall have for President majority Of the
votes ofthe whole number of electors appoint
ed, snail he the President. II case 90 one
have sncn majority, then, from the three high
est The House of Representatives shall choose
the President (; The votes TO be taken by states,
each stale entitled to one vote, and majority
of all iht states being necessary To choice.
The quorum for this purpose shall consist of
a member or members from two-thirds of the
slatas. Ii 40 person have, for Vice President,
"a majority of the votes OF all the electors APP
pointed, then, from the two highest, the Sc
Daie shall chouse the Vice President, "a majo-
rliy of the whole number of Senators being
necessary To IA choice /; and the quorum for
this purpose Ia consist nf two-i birds Of the
whole number of Senators Ii the House of
Representa,ne shall not choose President
before the 4ih of March, The Vice President
shall act President.
The most Ob,i ous conclusion from these
provisions is, the svliciludt of the Constitution
80 OBTAIN. ia the choice of these officers, the
concurrence ola maturity of the whole mum
btf of electors, who shuuld be the representa-
tnes al the greatest portion of the aggregate
jtderpi P0treY created by it, and in obedrnce To
witch all the measures of The governmeut
were 10 he taken. THIS federal power WAS
TIE result OF compromise compounded of the
Pinciple ot numbers and state equality, ii de-
rogates in small degree from the former in
ior of the dignity of state sovereignty.
Thus according To the principle of numbers
aioee, under the existing ratio of representa-
uon, there would be two hundred and thirteen
electors, corresponding, in their distribution
aiming the States, with the members Of the
H"Tss Ut Representatives while, under the
compound principle, there are two hundred
snd slxty-one Electors, two being superadded
To tine Representatives Of each states and al
ioiisl equally TO the States, making together
ioriy -elght But, rs these forty eight EItc-
tors are distributed among the large as well as
'h- small states, they affect, but in slight de-
gree, The Fundamental principle of a free gr-
Fernmeni--ihat power shall 20 with the ma
j0rity. IL is possible, under its operation, if
the small States should he arrayed against the
iargt, thai numbers about one-tPnthless than
a nolety of the whole population of thr Unit
ed States might prepOnderate. As, however,
lie small States are scattered All over the Unl-
on, aud have dissiniiaI interests among them
selves, besides those Of local nature, such q
unvn ~ scarcely conceivable. Practically,
III tTcfDre, considered, the CUnstu;iOn makes
the VIII of the majority supreme. II was
wise 10 90 ~ for perpetuty could only b.,
expf cttd 80 system whose foundation was
at kist rs broad as he suprrsiructur,. 10 be-
reared If Ii re.,iscI 4, h. o.,
yepIlOn, In all its sOIemniiy, that a Oaiinn OF
freeueu would b0w To no human auihnri,y
lOunded on the interests Of minority. THIS,
then, IS the strong ground on which the Goa
siIuti"n intended 10 intreDch the election of
president. IL WAS foresren that, on this basis
every precauii0n which human wisdom could
ue'lse Tor the selection of The hes, man, for
tne IhIthtiil aud energetic discharge of his du
", and Tor his responsibility to the People,
might be brought into action while without
u, the storm Of popular indignation, or Of fac
uon, as one the other might be excited
might and probably sometimes would, sweep
all bvfor, il.
Dirr, then ~ hostile mind may, nm Other
po'nis, there can he no difference among no
nest men IN this. The TRANSMISSION uf the will
W NE majority into the government, is Ihr
KEY stone Of the republican system. No one
VINO desires 10 BE- thought republican. or WIN
reefs proper soliCiiude for the happinpss of
MS country, can be- the advocate Of the con-
tnary dOcirine as this would be, on the very
,acf 0i things, to contradict himseIfin express
'rIIns' The principle IS Too sacred 10 h. i'm
p1s1eo The constitution too plain IN be Doubt
u 'ne consequences too momeniOus 10 b.
dlsirgardrd.
~ being, theD, the Intention Of the Consti-
.uuOb To procure. if possible, majority oil