Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-04-25

IeaIed. 1t is an essential feature in our republi
can system OF government, that every citizen
possessing the constitutional Qualifications has
right to become candidate for the Office OF Pres
ident or Vice President, and that every qualife,
eiect0r has right to cast his vote for any either
whom he may regard as worthy Of those offices
But under the party organizations which hRyt
prevailed for years, these essential rights Of thu
people have been as efiectnaily cut OF and de,
their exercise. The danger Of defeat Of the
| popular choice in an election 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 provision requiring the people to
vote for electors instead of for the President and
Vice President, it is made imprachcable for any
citizen to be candidate except through the pro-
cess of party nomination, and for any voter TO
cast his suffrage for any other person than thus
brought forward through the manipulatiOns of a
nominating convention. 1t is thus apparent, that
by 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 in
| sTumental and potential in defeating the great
object of comforting the choice of these officers
| upon the people. It may be conceded that party
| organizations are inseparable from republican
| government, and that, when formed and manag-
ed in subordinatiOn to the Constitution, they may
De valuable safeguards Of popular liberty; but
! when they are perverted to purposes ofbad ambi-
| ton they are liable to become the dangerous in
struments of Overthrowing the Constitution it
| self.
Strongly impressed with the truth of these
views, feel called upon by an imperative sense
of duty to revive substantially the recommenda-
| ton SO often and so earnestly made by President
jackson, and TO urge that the amendment TO the
Constitution herewith presented, OF 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 dehn-
ing the persons who shall discharge the duties OF
| President of the United States in the event of
vacancy in that Office by the death, resignation,
or removal OF both the President and Vice-Pre-
| sident. 1t is clear that this should be fixed by
the Constitution, and not be left to repealable
enactments of doubtful c0nstitutiOnality. 1t oc-
| ours TO me that in the event of a vacancy in
the office of President by the death, resignation,
| disability or removal of both the President and
fice-P PRESIDENT, the duties of the Office should
deTolve upon an officer of the executive depart
ment OF the government, rather than upon one
connected with either the legislative or judicial
departments. The objections to designating Ell
Their the President pro teapOrs Of the Senate, or
the Chief justice OF the Supreme Court, espe-
cially in the event of a vacancy produced by
| removal, are so obvious and so unanswerable
that they need not he stated in detail IL ia
enough to state that they are both interested in
producing vacancy, and, according to the pro-
visions OF the Constitution, are members Of the
tribunal by whose decree vacancy may be pro-
duced. Under such circumstances the impropri-
ETY. of designating either of these officers to sue
coed the President in the event of vacancy in
the offices of both President and Vice-President,
did not, in my opinion, contemplate the designa-
ton of any other than officer of the executive
department on whom in such contingency the
powers and duties of the President should de-
yOlve. Until recently the contingency has been
remote, and serious attention has not been called
to the manifest incongruity between the proVis-
ion of the Constitution on this subject and the
act of Congress of 1892 Having, however, been
brought almost face TO face with this important
question, 1t seems an eminently proper time for
us TO make the legislation conform to the Ian
guage, intent and theory of the Constitution, and
thus place the executive department beyond the
reach OF usurpatiOn, and remove from the legiS-
lative and judicial departments every temptation
to combine for the absorption of all the powers
OF government. 1t has occurred to me that, in
the event of such vacancy, the duties of Presi-
dent would devOlve most appropriately upon one
Of the heads of the several executive depart
ments, and, under this conviction, present for
your consideration an amendment to the Consti-
tuition on this subject, with the recommendation
that it be submitted to the people for their ae-
ton.
Experience seems to have established the ne
cessity 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 form of government if the
Senators were chosen directly by the people of
the several States. The objections to the cleo
ton of Senators by the Legislatures so palp-
able that deem it unnecessary to do more than
submit the proposition for such an amendment,
with the Recommendation that it be referred to |
the people for their judgment.
It is strongly impressed upon my mind that the |
tenure of Office by the judiciary of the United |
compatible with the spirit of republican govern |
ment, and in this opinion 1 am fully sustained |
by the evidences of popular judgment upon this |
subject in the different States Of the Union. 1, |
therefore, deem it my duty to recommend an |
amendment TO the constitution by which the I
terms Of the judicial officers would be limited to
period of years, and herewith present it, in |
the hope that Congress will submit 1t to the peO-
pie for their decision.
The foregoing views have long been enter |
tanned by me. In 1915, in the House of Repre- |
sentatlves, and afterwards, in 1860 in the Senate
of the United States, submitted substantially |
the same propositions as those to which the at /
tentiOn of Congress is herein invited Time, OBJ. i
servation, and experience have confirmed these /
convictions, and as matter of public duty, and |
with deep sense of my constitutional obligation |
"tO recommend to the consideration of Congress
such measures" as l deem necessary and expe- |
dent" submit the accompanying propositions,
and urge their adoption and submission to the /
judgment of the people.
ANDREW JOHNSON.
WASHINGTON, D. c., July Is, 1868.
Joint Resolution proposing amendments to the
Constitution of the United States.
Whereas the fifth article of the Constitution Of
the United States provides for amendments there
to in the manner following, viz: "First, Con-
gTess, whenever twO-thirds of both houses shall
deem Unnecessary, shall propose amendments to
this Constitution, or on the application Of the
legislatures of twO-thirds of the several States
shall call convention for proposing amend
ments which, in either case, shall be valid TO all
intents and purposes as part of this Constitution,
when ratified by three-fOurths of the legislatures
of the several States, or by conventions in three
fourths thereof, as the one or the other mode Of
may be proposed by Congress; Pro
Uided, That no amendment which may be made
prior to the year one thousand eight hundred and
eight shall, in any manner, affect the first and
fourth clauses in the ninth section of the first ar
ticle; and that no State, without its consent,
shall be deprived of its equal suffrage in the SEN
ate:" Therefore,
Be it resolved by the Senate and House of Rep
ressntdtiues of the United States of America in
IgDU OgSpmbIed. bOnSpS |
That the following amendments to
the Constitution of the United States be pro-
posed to the legislatures of the several States,
which, when ratified by three-fourths of the leg
isatures of the several States, shall be valid to
all intents and purposes as part Of the Constitu-
ton:
That hereafter the President and Vice-Presi-
dent of the United States shall be chosen for the
term of six years. by the people of the respective
States, in the manner following: Each State shall
be divided by the Legislatures thereof in districts,
equal in number TO the whole number OF Sena-
tors and Representatives to which such State
may be entitled in the Congress Of the United
5 tates the said districts to be composed of con-
tiguOus territory, and to contain, as nearly as
may be, an equal number of persons entitled to |
be represented under the Constitution, and to be
laid Off for the first time, Immediately after the
of this amendment; that on the frst
Thursday in August, in the year eighteen
hundred and, and on the same day every
sixth year thereafter, the citizens of each State,
who possess the qualifications requisite for cleo
tors of the most numerous branch of the State
shall meet within their respective
and vote for President and Vice Pres
dent of the United States; and the person re-
ceiYing the greatest number of votes for Presi-
dent 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 Immediately certified by the Governor
Of the State to each of the Senators in Congress
from such State, and to the President of the SEN
ate and the Speaker of the House of Representa-
lives. The Congress of the United States shall
be in session on the second Monday in October,
n the year eighteen hundred and --, and
IN the same day in every sixth year thereafter;
and the President of the Senate, in the presence
lt the Senate and House of Representatives,
shall open all the certificates, and the votes shall
then be counted. The person having the great
est number OF votes for President shall be Presi-
dent, if such number be equal TO a majority of
the whole number Of votes given; but If no per-
son have such majority, then q 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
Iffice of President, which second election shall
De conducted, the result certified, and the votes
counted in the same manner as in the first, and
he person having the greatest number of votes |
or President shall be President. But, if two'Or |
more persons shall have received the greatest and
al equal number of votes at the second election, |
hen the person who shall have received the |
greatest number of votes in the greatest number |
If States shall be President. The person having |
he greatest number of votes for Vice President, |
It the first election, shall be Vice President, |
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