Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1827-01-30


the nation, and the extent to which such ex-
prcssions shall be regarded as 1.-The voice Oh 'he
nation" In virtue of this agreement, the con-
stiu,ion, ITSELF is regarded as "the voice OF The
naton," on all subjects TO which Its provisions
extend BY this "voice,' it is understood that
the people have reserved TO themselves, the eiee.
tion Of their representatives IN the congress Oh
The United States; & that all their other rights
and powers Of elec,ion, under the federai Gov
eminent, are transferred by them, TO certain OIL
Gcers, or delegates, therein specined, iof 'ns
purposes, and to the extent therein prescribed.
Thus, the President is authorized 10 nom'nn'e
and the President and Senate are authorized 10
appoint, generally, the civl and nnhfoFy omcefs
of the executive department OF the governments:
and the appointment OF them is justly regarded
as haping been made by the"voice OF the nation :.
The Electoral Colleges are authorised in the
first instance TO elect the President oil the y
States; and such election, ,chen maze, Is regard
ed as haring been made by the "voice OF the ma
ton" But, if the electoral colleges ja'lt to e.
lect, according 10 the provisions OF The constr
tuition, their failure is regarded as the failure oil
Of the "voice" ffhe people to elect in THIS NODE
and the authority 10 eject or choose the President
is transferred to the House Of Representatives,
in as GHand ample form and substance, and 10
be exercised as freely and effectually, by them /,
as i, was possessed, and might have been exer-
cised by the electoral colleges, with this single
exceplion-ihe colleges are not limited to any
number Of candidates, in making their selection:
the House of Representatives are limited to the
three highest on the electoral list. "The voice
Of the nation" therefore, as expressed by the
colleges, when they fail to elect is limited, in
effect to mere nomination o! candidates tor the
offices Of President and ViCC-President, and is
to be considered so, by The House Of Repre-
sentatives, in the same manner as the Senate
considers and acts upon nominations for office,
by The Presiden, Of the U. States.
But, for the sake of farther illustration, let it
be supposed that General Is to be appointed
to vacancy in the army Of the Uniled States;
that the President dominates to the Senate three
persons, as candidates for the office, and iadi-
Gates nispyefsrence for one Of them, by placing
the name Of that individual at the head OF the
list. Would the Senate be bound 10 advise and
consent TO the appointment OF the person TO"
whom preference is thus indicated? Certain
ly not: for otherwise, the net Of appointment
would be an adoption not choice. Neither, for
the same reason, are the House Of Representa-
tives bound to act upon the preference indicated
by placing the name Of particular indiyidua al
at the head Of the electoral list of nominations.
Besides, the constitutional provision, requiring
the nomination of three, conveys, Of itself, the
right, even lit were not otherwise expressly
given, to choose or elect either Of the persons put
in nomination. II was by virtue Of this right,
tina, General Jackson, himself, refused his sena
forial advice and consent TO the appointment Of
Mr.. Clay, when he was nominated by the Presi
dent, for the office Of Secretary Of State. 1t is
evident, then, that in the supposed case Of an
appointment Of military Commander, the Sen
ate would have right e.ygcct The first, and
, consent 10 the appointment OF the second or third
person in nomination: & that such an appoint
ment, Uhen made, should be as much and as
instly regarded as haping been made by "lhe voice
Of the nslion," as any that could be made by
the President and Senate Of the United States.
Let il be further supposed, that the General
officer so appointed, has entered on the perfor-
nance of his official duties, and is using his
best exerions TO promote the interest and hap
piness of his country; what woula be thought
Of the head or the hear; Of the man, who had
been preferred by the President and re jected by
the Senate, were he TO assert that the General
officer thus appointed, in preference to him self,
had "gone into power, contrary 10 the voice Of
the nalion;" and use every exertion in his pow
err TO Illustrate the designs Of such officer in the
faithful and useful performance of MS duties?
Should such conduct he considered by an enlight-
ened people, as emitting the man who so acted
TO their favorable regard' If it should not be
so considered, VIVA, win the "Arnercan people"
saw to the political creed" and claims Of Gene
raj Jackson? He was, as has been shown, mere
ly nominated by the Electoral Colleges, and
placed at the head Of the list, which was fur
uished by them to Congress, in consequence OF
an apparent plurality Of electoral votes in his
favor But he was rejected by the House of Re-
representatives.; undoubtedly for the reasons and
considerations, in part, which were mentioned
in the former essay, and ,ha, body appointed,
on the first ballot, the second person named on
the list Of electoral nominations. This a2-
pon,ment, the house had an undenabe right
to Make and proof Of the proper exercise of
such right, in this instance, is afforded by the
conduc, OF General Jackson in his senaforiatca
pacity, in t.e case Of Mr.. Clay; and, in the no.
nest, manly exercise of this right, there was,
unquestionabIy, fair and fub expression Of the
"voice Of the nation" in favor of Mr.. Adams's
election. Ye, The General-ignorantly, i, is 10
be hoped-asser,s, in effect, that the admins
hac 0o,nne into rowef contrary n the