New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-22

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ves Of the people. Amor these advocates and threat
epers Of resistance Southern members Of Congress
| the oudes., if not the most determined We may
pee, therefore at least, every sort Of intimidation
threats lead " defiance and who tell dares 10
THINK OF what may happen on the floor Of the House,
before the fourth If March
If there be no violence may there not be corruption
The election viii be in the palms of the hands II half
score OF members. The yearly revenues of this Gov.
eminent are from eighty to a hundred millions The
disbursement OF this money and the making Of the
contracts for which it is 10 be in great ueasare dis
bursed, may be worth millions. will not tras. nv
stances. - N'
There 10 further possible DANGER The Constellation
declares that the House shall choose the presdsnt ont
Of the three highest candidates and the Senate the
VicePresident oat of the TWO highest IL Ia bowsver.
very Possible sDai mere may not be tsS Or three high
Lincoln and Mr.. Hamlin having the highest numbers,
TIE rest may equal each other. Thus, suppose Mr.
LincoDs TO be $780, and each of the others 81 the
Goyernm emit would be al dead lock. Neitber t ss
Senate the House could make choice Ii you tell
me that this is very improbable contingency, au-
that 1t is nevertheless possible and all The more
probable from toe fact that il is proposed 10 form
mixed electoral tickets in several States making it not
unlikely that the Electors Of the State Will vote
for different candidates This is not purely i'm lginary
Danger IL long ago foreseen by come Of our most
sagacoUs iurisfs and i mention 1t 70 show toward
what breakers they are causing rs to drift who are
aiming TO throw the election into Congress.
The machinery for the election of President Is Ia
truth the weakest part of our Constitution the weak
est according to the original theory, and made still
weaker by the practice under it. The theory of the
Constitution was, that the Electoral Colleges we're TO
be deiberatve bodies exercising their own Judgment
upon consideration Of the est person 10 be President
instead Of being, they are, merely recording
officers serving no other purpose than to register their
votes according TO previous Instructions. failure TO
elect therefore lees probable, according TO the
theory than II has proved to be in practice. The d
TectoD in which the votes 10 be cast is now In fact
determined at the general election in November, while
according theOry the whole DeriOd betWaeu the
election and the assembling Of the Electoral Colleges
might for comparing opinions and purposes, tend
person. The inequality of the States was moreover
much less at the formation Of the Constitution than il
is An election by equal votes-that Is, by the
States counting each one voe-was not 80 dis'asteul
the weJful States, it has since become.
For these reasons election by Congress s attended
with much more danger than was conceived by the
founders of the Government snd the earlier statesmen.
What they thought of it will now proceed 20 show.
In the Convention, which formed the Constitution,
Mr.. Gerry moved the 9TH of September 17S, that
" in the election of President by the House of Repre-
sentatives state shall vote by less than three
"brs, ard where that number may not be allotted TO
State it shall be made up by its Senator'S and con-
"cuuence of majority of all the States shall be ne
"cessary to make such choice"
Mr.. Madison seconded the motion.
Mr.. Reed Observed that &c the States having but one
member only in the House of Representatives would
abe in danger of having vote at all in the elections
"the sickness absence either of the Representative
Mr.. Madison replied, that if one Member Of the
" Houe of Representatives should be left capable OF
voting for the State, the States having one Repesen-
"tative only would still be subject that danger" He
thought I" il an evil, that small number, at any
craze should be authorized to elect; corruption would
"be greatly facilitated by it, The mode itself was La
bic to this further wegbty objection that the Repre-
sentaiives Of minority Of the people might reverse
"the choice of majority of the States and Of the
"peOple He wi.hed some cure for this Inconvenience
" ght yet be provided"
In the Convention of Virginia assembled 70 decide
upon the acceptance rejection Of the Constitution, it
was observed by MIR. Grayson 1.-THE Executive is
to be elected by a number of
Electors in the country, but the principle is changed
"when one has majority Of the whole num-
"ber of Electors appointed, or when more than
I" one have such majority and have an equal number
"of votes for then the Lower House is 70 vote by
estates. Ii lie thus changing throughout the whole.
1t seems rather founded accident than any prin
"ciple of goveInn eDt ever heard Of.
"The number of Electors is equal TO the number OF
Representatives and Senators, viz 81. They are to
"voe for two persons. They give therefore 1872 votes
Let there be As votes for four different candidates.
4" and two for the President. He s one OF the five
highest if he have but two votes, which he may
"easily purchase In this case by the third Glance
"the first section of the second article, the eectioni
"to be by the Representatives according TO the States
:" Let New Hampshire be for him, majority OF its
"3 Representatives is 2; Rhode leland 1 is Il Con-
"necticut is 81 New-Jersey Ais 3; Delaware l isl;
Georgia is2; North Carolina 5 is 3. majority Of
" States is Is. Thus the majority Of seven States s
~
number of voices, 81 Electors and IS Representa-
tves, is l56. Voices in favor Of the President are
Electors and ID Representatives which are. in all,
"l7-l39 90 that the President may be reelected by
"the voices Of II against l39 II may be said that ths
"is an extraordinary case and will never happen In
"ny opinion, it will often happen"
Mr. George Mason commended that "this mode OF
" election was mere deception ignis fataus
" on the American people, and thrown out TO maks
them believe that they were TO choose him. whereas
"t would not be once ont of fifty times that ne would
" be chosen by them In the first instance, because
majority OF the whole number of votes was required.
" If the localities of the States considered, and
the probable d ersity of the opinions Of the people
attended TO- he thought that it would be found THAI
many persons would be voted for, that there sell
dom could be majority in favor Of one, ex-
"cept great name, who he thought would be
60 unanimously elected"
81. George Tucker Professor of Law in the Univer-
sity of Virginia. aud Judge of the General Court OF
that State, in the beginning of this century, after COM
meDdirg the mode Of election by Electoral Colleges as
tending TO avoid turbulence, makes exception,
" where the election may devolve upon the Ho1se Of
" Representatives. Then, indeed he continues,
intrigue and cabal may have their full scope; then
" may the existence of the Union be put in extreme
hazard; then might bold and desperate party hav
" ing command Of armed force aud OF all the re-
" sources of Government, attempt TO establish them
selves permanently in power without the future aid
" of FORMS the control Of elections. Upon what
principle may ask lie ii that State influence is, in
this case, permitted TO operate In an inverse proper
ton the ratio of population and thus predominate
"over it, Upon what principle is IT that that ratio
which gives 10 all the citizens of the United States
"equsl voice in the election of President in the first
instance, shall give to the representative of the
" cit of Delaware in the second, weight equal
to pueteen of the citizens Of virginia.
Why, theA should the House of Representatives
vote by States this great occasion IL is, per-
"haps susceptible of proof that if the arts OF corrup-