The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-09-28


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From the Southern Standard.
Ihe Spirit Of the Constitution in the
SsAs3 'ss 80 Election of Electors.
The statesmen of South Carolina
have cvinced SO much admiration for
tho checks and balances of the Federal
Cdnstitutiol, and have studied its spir-
~ SO closely, that we wonder at their
hot having seen the Inconsistency of
s0ur mode ofelecting Electors. In the
Legislative departments of the Federal
Gorcrnmcnt, two constitucnccs-th the
people of the States and the States in
their organized c,pacity-are repre-
sented, SO as to check each other. The
Smcmbers of the lower house, being the
Representatives ofthe people Of the sew.
9eral States, are elected Ivy the people,
whilst the Senators, who represent the
States, as orgunized governments, arc
elected by their State Legislatures
Express provision has been made in
I the Constitution Of the United States
4 for this mode Of election; and it would
4 be needless to consume time in show
ling that any other mode would have
4 left the Federal Government q confused
unfinished Babel, instead of the coiisist-
bnt and perfect whole which it is, or
would be under right construction Of
Gthe Constitution. How utterly mop
5eratiye and ridiculous would have been
p system Of checks and balances, rely
ling for its execution upon two bodies
4 eiected by the same constituency In
btead of tho Senate and House being,
I In such case, a check upon each other,
the Senators and Representatives from
each State would have found it ncces
3sary to avoid conflicting opinions upon
every measure, or else, in case Of diff
ference, each reelection would be, in
fact, contest before their constituents,
y between their Senator and their Rep
! resentative. 1t was, therefore, not on.
tiy proper but necessary to the very
purpose of their organization, that the
members of the House and Senate
should be elected as they now arc-thc
sone by the people, and the other by
their respective State Legislatures
thus, each acknowledges responsible
5ty only to his own constituency, and
acts independently of the other.
sgs As it IS III the election OF Senators
and Representatives, SO it should be in
that Of President and Vice President
they should be elected by the constitu-
ency which they represent. If under
the Constitution they represent the
States as organized governments, then
they should be elected by the State
Legislatures. But if they represent
the people of the States according to
Federal population, then they should
be elected by the people. The point
OF inquiry therefore, is, whether the
President and Vice President, repre-
sent the States in their political capaci-
ty, or the people of the Sta'cs. We
allege that they represent both, but
mainly the latter. If they represent
the States, then in their election, each
State would have but one vote, or
they would all vote equally in the
Senate. But under the Constitution,
each State is to vote according to ''thc
whole number of its Senators and Rep
rcscntatives," and as the number of
the latter greatly exceeds that of the
former, it follows that the Federal pop
nlation of the States themselves, is tic
chief element in the constituency of
the President and Vice President of
the United States. The State of South
Carolina heretofore, in the election Of
President, has had nine votes, seven
tor her Representatives, and but two
for her Senator's. In the larger States
the. inequality of the Representative
and Senatorial vote is much greater
than in this State. We therefore fairly
conclude that the Federal population
Of the States is the chief element in the
constituency Of the President of the
United States, and therefore, the spirit
Of the Constitution requires that he
should be elected by the people, and
not by the States in their organized
capacity.
This conclusion will be still more
apparent if we consider the important
matters in the execution Of which the
President and the Senate of the United
States arc q check upon each other
!" BY and with the advice and consent of
the Senate" the President has the pow
er to make treaties, and appoint am
bassadors, foreign ministers, Consuls,
and Judges of the Supreme Courts
The Constitution has not allowed any
power in these matters to the House
Of Representatives, because the secrecy
necessary therein could not be prcserv-
ed in SO large body. But if the
President and the Senate have the
same constituency, being both elected
by the Legislatures of the States, then
the popular branch of the Government
is entirely excluded'from participation
in this important part Of the govern
ment; and instead of the checks intond-
ed by the Constitution, we have a. sys-
tenn in which two departments deriving
their power from the same politis -
source, are expected to acte
.ttpon each other; ~