Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-07-21

manifest incongruity between the proyis-
ions OF the Constitution on this subject and
the act of Congress of 1892. Having. how
ever, been brought almost face to face with
the question it seems an eminently proper
time for us to make legislation conform to
the language, intent and theory of the
Constitution, and thus place the Executive
Department beyond the reach OF usurpa-
tion, and remove from the Legislative and
Judicial Departments every temptation to
combfpe for the absorption of all the pow
ers of the Government. "a IzF -.
J sit has occurred to me that, in the event
of such vacancy, the duties of the President
would deyolve most appropriately on some
one of the heads of the several Executive,
Departments, and, under this conviction, /
present for, your consideration an amend-
ment to the Constitution ON this subject,
with the recommendation that it be SUBJ
mitted to the, people for their action.
Experience seems to have established
the necessity of an amendment of that
clause of the Constitution which provides
for the election of Senators to Congress by
the Legislatures of the several States. 1t
would be more consistent with the genius
of our Government If the Senators were
chosen directly by the people OF the seve-
raj States. The objection to the election of
Senators by the Legislature are SO palpable
that deem it unnecessary to do more than
submit the proposition for such amend
ment, with the recommendation that it be
referred to the people for. further judg-
ment. s,-..-, =. -.
"It is strangely impressed on my. mind
that the tenure of office by the Judiciary
of the United States during good behavior,
OF during life, is incompatible with the
spirit of Republican government, and in
this opinion 1 am fully sustained by the
evidences of popular judgment on this
subject in the different States. 1, therefore,
deem 1t my duty to recommend an amend
ment to the Constitution by which the
terms of the judicial officers would be lin
tied to period of years, and hereby pre-
sent it, in the hope that Congress viii sub
nit it to the people for their decision.
''The foregoing views have long been en-
tertained by me. In 1916, in the House of
Representatives, and afterward in 1860 in
the Senate of the United States, 1 submit
ted substantially the same propositions as
those to which the attention of Congress is
herein invited, Time, observation and ex-
perience have confirmed this conviction,
and as matter of public duty, and with a
deep sense of my constitutional obliga-
tions to commend to the consideration of
Congress such measures as | deem neces-
sary and eXpedient, submit the accom-
panying propositions and urge their adop-
tion and submission to the judgment of the
people.
~ "ANDREw JOHNSON"
WASHINGTON, July Is, 1868.
"Joint resolution, proposing amendments
to the Constitution of the United States
"WHEREAs, The fifth article of the Con.
stitutiOn of the United States provides for
amendments thereto in the manner follow
ing, viz:
"Congress, whenever two-thirds of both
Houses shall deem it necessary, shall pro-
anrd 1nf1fo 70 10
on the application of the Legislatures of
two-thirds of the several States, shall call
Convention for preparing amendments,
which, in either case, shall be valid to all
intents and purposes, as parts of this Con-
stitution, when ratified by the Legislatures
of three-fourths of the several States, or by
conventions in three-fourths thereof as
the one or the other may be proposed by
Congress, provided no amendment, which
may be made prior to the year 1908, shall
in any manner affect the first and fourth
clauses in the ninth section of the first ar
ticle, and no State, without its consent,
shall be deprived of its equal suffrage in
the Senate; therefore,
"Resolued, By the Senate and House of
Representatives of the United States of
America, in Congress assembled, two
thirds of both Houses concurring. That
the following amendments to the Constitu-
tion of the United States be proposed to
the Legislatures of the several States,
which, when ratified by the Legislatures
of three-fourths, shall be valid, to all in
tents and purposes, as parts of the Consti-
tuition. ~ Jt 20 -- 'f- 81
ssThat hereafter the President and Vice
President of the United States shall be
chosen for the term of six years by the
people of the respective States, in the man
ner following: Each State shall be divided
by the Legislature thereof, into districts
equal in number to the whole number of
Senators and Representatives to which such
State may be entitled in the Congress of
the United States; said districts to be COM
posed of contiguous territory, ,aand to con-
tain, as near as may be, an equal number of
the persons entitled to be represented un-
der the Constitution, and to be laid off for
the first time Immediately after ratification
of this amendment. 3 1fa s' ii-..
ssThat on the first Thursday in August,
IS, and on the same day every sixth
year thereafter, the citizens of each State,
who possess the qualifications requisite
for electors of the most numerous branch
of the State Legislature, shall meet within
their respective districts and vote for a
President and Vice President of the United
States, and the person receiving the great
est number of votes for President and the
one receiving the greatest number of votes
for Vice President in each district, shall be
holden to have received one vote, which
fact shall be certified by the Governor of
the State to each of the Senators in Con-
gress from such State, and to the President
of the Senate and the Speaker of the House
of Representatives.
'sThe Congress OF the United States shall
be in session on the I'd Monday of October
in the year 1S-, and on the same day every
sixth year thereafter, and the President of
the Senate, in the presence of the
Senate and House of Representatives, shall
open all the certificates, and the votes shall
then be counted. The person having the
greatest number of votes for President
shall be President, if such number be equal
to majority of the whole number OF votes
given; but If no person have such majority,
then second election shall be held on the
first Thursday in the month of December
then next ensuing, between the persons
having the two highest numbers for the
office of President, which second election
shall be conducted, and the result certified
to, and the votes counted in the same man.
ner as in the first, and the person having
the greatest number of votes for President
shall be President, but if two or more per-
sons shall have received the greatest, and
an equal number st the second election,
then the person who shall receive the
greatest number of votes in the greatest
number of States shall be President.
"The person having the greatest number
of votes for Vice President at the first cleo
tion will be Vice President, if such num-
ber shall be equal to a majority of the
whole number of votes given; and if no
person have such majority, then second
election shall take place between the per-
sons having the two highest numbers on