The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-07-19
PRESIDENTS MESSAGE.
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Recommending Amendments
to the Constitution.
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Proposed Election of President and Vice
President by the People.
How q Vacancy in the Presi-
dency is to be Filled.
United States Senators to be Chosen
by the Popular Voice.
Supreme Court Judges to Hold
Office for Stated Periods.

WASHINGTON, July Is, 1863
The PRESIDENT, this afternoon, sent the following
message to the two houses Of Congress-
TO THB SENATE AND HOUSE OF REPRESENTATIVES.
Experience has fully demonstrated the wisdom OF
The trainers OF the federal constitution and under all
circumstances the result Of their labors
an approximation to perfection as was compatible
with the falibility OF man. Such being the estma-
ton IN which the constitution has ever been
held ny our cOuntrymen, it IL not surprising
that any proposition for its alteration or amend
ment should be received with reluctance and dis
trust While this sentiment deserves commentator
and encouragement as a useful preventive Of unne-
cessary attempts to change its provisions must be
conceded that time has developed imperfections and
omissions In the constitution. the reformation OF
which has been demanded by the best interests OF
the country. Some OF these have been remedied in
the manner provided in the constitution itself There
are Others which, although heretofore brought to the
attention OF the people have never been so presented
as TO enable the popular Judgment to determine
whether they should be corrected by means OF addi
tonal amendments.
tain defects IN the constitution which seem TO
require correction and TO recommend that the judy
ment or the people be taken on the amendments pro-
posed The first OF the defects to which desire TO
call attention Is IN that clause OF the constitution
which provides for the election of President and
wee President through the intervention OF electors
and not 10y IN immediate vote of the people. The
importance OF 80 amending this clause as 80 secure
the election OF President and Vice President by their
direct votes was urged with great earnestness and
ability by President Jackson in his first annual mes
sage and the recommendation was repeated In five
OF his Subsequent communications to Congress- ex.
tending through the eight years of his aimnistra-
ton. la his message OF 1929 he said
Masa,e Il was never desned tha. their cbece should in
any defeated BY intervention Electoral
the Of OHaef '0nsn
He then proceeded to state the objections to an
election OF President by the House of Representa-
tlves, the most important Of which was that the
choice OF GEAR majority OF the people might be
easily defeated. He closed the argument with the
following recommendations
therefore recommend such an amendment OF the
constitution remove all intermediate agency in the
regulated to to each State its present relative
be provided or by ooninng the second to choice between
the two hfes eandidases In connection Win such an
the Che, MAGISTRATE to snee term Of either four or SIX
consideration whether provision dsqayng for Office the
representation IN Congress on whom such election
have devolved would not be proper.
Although this recommendation was repeated with
undmnlshed earnestness in several OF his succeed
ing messages. yet the proposed amendment was
never adopted and submitted to the people by Con.
gress The danger OF defeat OF the peoples choice
IN an election by the House of Representatives
mans unpr0vided for in the constitution and would
he greatly increased II the House OF Representatives
should assume the power arbitrarily to reject the
votes OF State which might not be cast IN conform
ity with the wishes OF the majority of BODY.
But il President Jackson failed TO secure the amend
ment 10 the constitution which he urged so persist
entity hs arguments contributed LARGELY TO the fora-
lions of party organizations which have efectuallv
OF Representatives.. These organizations, first by
sort 20 the caucus system OF nominating can
didates and afterwards to state and national
conventions have been successful In
limiting the number of candidates, as to escape
the danger OF an election BY the House Of Repre-
sentatives. II Is clear, however. that in thus limit
ing the number of candidates the true oh ect and
spirit of the constitution have been avoided and de-
feated. 1t IL an essential feature in our republican
system OF government that every citizen possessing
the constitutional qualifications has q right to be-
come candidate for the Office OF President or Vice
right to cast his vote for any citizen whom he may
regard as worthy or those Offices. But under the
party organizations which have prevailed for years
these essential rights OF the people nave been
a. efYeCtuay cut of and destroyed II the
constitution ,set mad inhibited their exercise The
danger OF defeat OF the popular choice in an cleo
ton by the House OF Representatives Is no greater
than in an election made nominally by the people
themselves, when by the laws OF party organizations
and by the constitutional provisions requiring the
people TO vote for electors instead OF for the Pres
dent Vice President, II Is made !mpractcabe for
any citizen be candidate except through the pro-
cess OF party nomination. and for any voter to cast
his suffrage for any other person than one thus
nominating convention. II is thus apparent that 10y
means of party organizations that provision OF the
constitution which requires the election OF President
and Vice President to be made through the
Electoral Colleges has been made instrumental
and potential In defeating the great object Of
ferrlng the choice OF these officers upon the people.
II may be conceded that party organizations are in
separable from republican government, and that
when formed and managed In subordnation TO the
constitution they may be valuable safeguards OF pop
uiar liberty. But when they are perverted to
HE to become the dangerous instruments Of
overthrowng the constitution ITSELF Strongly i'm
pressed with the truth OF these views feel called
upon by an imperative OF duty TO review SUBJ
stantiay the recommendation often and earnestly
made py President Jackson, and to urge that the
amendment to the constitution herewith presented
or some similar proposition. may be submitted TO
the people for their ratification or rejection.
Recent events have shown the necessity OF an
amendment to the constitution distinctly defining
the persons who shall discharge the duties Of Pres
dent OF the United States la the event OF a vacancy
in that once by the DEATH resignation removal OF
both the President and Vice President IL Is clear
that tins should be liked by the constitution and not
left 10 repealable enactment OF doubtful con
sttutiouality. II occurs 10 me that In the
event OF vacancy in the Office OF President by
DEATH resignation, disability removal OF both the
President and vice President the duties OF the Office
should devolve upon an officer OF the Executive De-
partment of the government rather than upon one
Connected with either OF the Legislative or judicial
Departments. The objections to designating either
the President pro te'; OF the senate or ,ne Unie,
of vacancy produced by removal, are so obvious
and unanswerable that they need not be stated In
detail II Ia enough TO state that they are both inie
rested IN producing a vacancy, and according to the
provisions OF the constitution are members OF the
be produced. Under such circumstances the
improperly Of designating either OF these
officers 70 succeed the President so removed Is pal
pabe. The trainers of the constitution when they re-
TERED To Congress the settlement OF the succession
TO the ofce OF President In the event Of vacancy
IN the offices VI both the President and Vice PresI-
dent, did not, In my opinion, contemplate the desig
milton OF any other than an officer OF the Executive
Department, on whom, In such q contingency. the
Cnu recently the contingency has been remote and
serois attention has not been called TO the manifest
inconsruity between the provision OF the constltu-
ton on this subject and the act of Congress OF 1892
Having, however, been brought almost face
to face with this important question, II seems an
eminenay proper time for 10 make tile legislation
conform to the language, intent ana theory OF the
constitution, and thus place the Executive Depart
ment beyond the reach OF usurpation. and remove
from the legislative and judicial departments every
temptation TO combine for the absorption OF all the
power of government. II has occurred to me that in
the event OF such vacancy the duties OF the Pref
dent would devolve most appropriately upon solne
one OF he heads OF the several Executive Depart
inents, aud under this conviction present for yo,.i
consideration an amendment to the CONSTITUTED, a,
this SUB ect with the recommendation that 1t ~ sub
United 10 the people for their action. =
Experience seems TO have established the necss
sity OF an amendment or that G'sse OF the constti
ton which provides lel nc elections OF senators I,
Congress % The Legislatures OF the several states
II would be more c.;-,sIent with the genius VI ou
form =. ros--n.eut & the senators -sse onvsvn on
-rNcNN ny No ~ acVe-1l atNfna o.,