The Camden journal. [volume] (Camden, S.C.) 1836-1851, 1849-12-24
.;pol5}1$01.
REPORT

of South Carolina"
The Undersigned. a Minority of the Com
miltee on Privileges and Eloct"ns' I" wfo'n
was referred \ Bill to Provide for the Election
of Electors of President and Vice President "t
the United States by the People OF 5. Carolina
beg leave to make
CoUNTER-REPoRT,
To that of the Majority of said Committee. and
to recommend the Bill favorably for the cons'-
deralion of the House.
Your Committee believe that the election Of
Electors of President and Vice President ot Inc
United States by the people, would be more IN
accordance with the provisions and spirit OF ,ne
Constitution of the United States, and The Pr'n'
ciples of the Government.
The Government Of the United sta'es ~ a
mixed Government, partly popular and partly
federative, and these features are manifested IN
the provisions in the Constitution tor the elec'
ton of President and Vice President. In Vo'ing
for Presiden, and Vice President, each Stale
votes according to her representation III I,on'
press-South Carolina nine and New York
thirty.six. A majority OF all the votes so cast,
being necessary to a choice, and this represents
: the popular feature Of the government. 1t is
only after the popular branch fails 10 elect that
the election assumes tederatIve character'
and the States vote as States-each State count
inv one. This last mode Of election is the re.
suit Of the failure to elect, and provision tor
such contingency. The Constitution OF the U.
States provides that "each State shall appoint,
as the Legislature thereof may direct, number
of electors equal to the whole number OF sena'
ors and Representatives to which the state
shall he entitled in the Congress. From which,
il is clear tha, the Legislature would have the
power to direct as to The appointment, or, In
other words, TO direct the mod", by which the
appointment shall be made But in prescribing
the mode, regard should be had, not on y to the
provisions of the Constitution regulating the
election of electors. but also to the princlpl" by
which the votes are cast for President and Wee
President. The election upon the first casting
of The votes being popular one, the mode "i
appointment hy the Legislature should conform
toihat principle. And it is submitted, that the
election of electors by the people. would be
more in accordance with the Constitution OF the
United States, and the popular principle by
which the votes are cast, than the election "i
electors by the Legislature, which partakes
more of the federative character.
Your Cornmil,ee would also recommend the
> passage Of the Bill, from its e1pedency, and as
demanded BY the position in which the State is
placed hy the act of Congress of lS46. Con.
gress has by tha, law prescribed that the cleo
ton of electors, throughout the United States
shall take place ON the Tuesday after
the first Monday in November, at a day anterior
to the meeting Of the Legislature of this State.
A necessity then exists, that the Constitution Of
this State shall be so amended, that the LesIs.
lature will he in session at that time. or that the
Governor shall call an extra session OF the Lee
gislature every four years, or that the election
shall1be given to The people. The tw" FIRST
propositions are objectionable Constitutions
long existing and understood by the people,
should not be altered for slight causes. great
and absolute necessity alone should exist to JUS
tify change in that instrument. which is the
exponent Of the Government itself The Cons
stitution Of this State has not been altered or
amended more than five or six times since its
adoption; and your Committee cannot see, 10
this case. any necessity for alteration or anne nd
ment. The whole difficulty may be provided
for by simple legislative enactment, giving
the election Of electors 10 the people.
As TO the other proposition, for the Governor
to call an Extra Session Of the Legislature evs-
ry four years. there are objections to 1t. II isa
question admitting Of doubts, whether the Gov.
ernor can conslitutionaIy convene the Legisla.
ture for the purpose Of voting Tor electors. The
may on extraordinary orcasions convene the
General Assembly" but it is submitted, that the
Legislature having met since the passage of the
act by Congress, the occasion is no longer an
extraordinary one. within the meaning of The
Constitution, but becomes ordinary one, and
capable Of being provided for by ordinary legis-
lation.
Even, too, il there were no doubts as to the
power of the Governor to call an extra session
of the Legislature for that purpose, still there
are objectors 10 call session, on account OF
the inconvenience and expense. II is true,
however, that the expense would not be very
great, only about ten or twelve thousand dollars
every four years but it is the principle. 1.-THE
principle is wrong, it is unnecessary and there.
fore uncalled for.
VIII this Bill interfere with the Parish re.
presentation and the compromises of the Con-
slitution Of this State! Your Committee believe
that !, will not, and they not disposed to in.
terfere with that compromise. The principle
recognized in the Constitution of this State is,
that not only population, hui taxation also, should
have representation but it is only in the State
Legislature, where laws are made, and taxes
imposed, that that principle obtains, and in the
relations which the Districts and Parishes bear
10 the State Government in the Legislature
thereof and not in the election of elrctors,-a
relation altogether different. The principle Of
representation in this State is, a domestic settle.
ment, applicable alone to the Legislative action
of the State. The election of President and
Vice Presiden, grows out Of our Federal reIa.
Il r