New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-19
THB PRESIDENT OF THE SENATE TIE
PRESIDENTIAL UMPIRE.

ton of 1887 was not called for the adop-
ton of a new constitution, but for the
amendment of the articles of confedera-
ton and perpetual union. The chief, if
not the sole amendment, was to improve
the common credit by empowering Con-
gress to impose duties on imports. TWAS
not surprising, therefore, if in undertak-
ing to make form of government new in
its principal provisions, there should have
arisen obscurity of expression and defect
of detail sufficient to have occasioned
the strife of construction which has
| continued ever since. The conven-
ton was divided between those who
claimed an amphictyonic equality in the
vote of the States, and those who, with
an appreciation of the equality of all men
desired that the more populous COM
munities should possess degree of power
proportionate to the valor of their num-
bers, and even to the contribution of
their wealth. This conflict was as far as
possible compromised, and, according to
the testimony of one best authorized to
speak, the constitution represented the
autonomy of the States in some respects,
and the rights of the people in others.
The change from the first reported draft,
ave, the people of the States" named
separately, to that of "We, the people of
the United States, marked the difference
of purpose and the success of the popular
policy.
In coming together with no purpose,
or, indeed, authority to construct new
form of government, it was not surpris-
ing that the materials for such delibera-
ton were meagre and defective. The sole
contributions beyond thorough prepsra-
ton for the question of revenue amend
ment seem to have been those which we
will enumerate, combining ourselves to the
executive department as contemplated in
each.
l. Mr.. Randolph proposed a national
executive chosen by the national legisla-
ture, and associated with 50 convenient
number of the national Judiciary" with a
revisory authority and veto power over
every law.
2. Mr.. Charles Pinckney proposed a
President to be elected, but without say
ing by whom. -
8. Mr.. Patterson, of New Jersey, sug-
gested Federal executive TO consist of
several members to be elected by the
United States in Congress.
4. Alexander Hamilton proposed the
supreme executive authority of the United
States to be vested in a Governor, to be
elected to serve during good behavior;
his election to be made by electors chosen
by the people in the election districts
aforesaid.
None of these propositions were based
on any principle of numerical ratio, or of
separate statehood They were referred
to, and digested by, committee of de-
tail, who reported an executive vested in a
single person, ''to be elected by ballot of
the Legislatures" This report vas
amended, and the constitution in its
present form was soon after adopted.
On reference to the report of Hon.
Luther Martin, a delegate from Mary
land, who seeded from the convention
before the adoption of the constitution,
we find the testimony which follows upon
the mode of electing the President
Mr.. Martin says:
AS the propositions were agreed to in the
i committee Of the whole house the Presi-
dent was to be elected by the national leg
islature, and as 1t was reported by the COM
mittee Of detail, the choice was to be made
| by ballot in such manner that the States
would have an equal voice in the appoint
ment of this officer, as they of right ought
to have; but those who wished as far as
possible, to establish national instead OF q
| Federal government, made repeated at
tempts to have the President chosen by the
people at large. On this the sense Of the
convention was taken, think, not less than
three times while was there, and as often
rejected; but within the last fortnight of
their session they obtained the alteration in
the manner In which 1t now stands by
| which the large States have g very undue
influence in the appointment Of the Presi'
dent.
Mr.. Martin says truly that the national
party succeeded in making the President,
as Andrew jackson commended, the repre-
sentative of the people and not the repre-
sentative of the States. The whole prin.
ciple and detail Of popular election was
introduced and adopted against the idea
of the separate sovereignty Of the States.
The idea of Alexander Hamilton was car
ried out in principle, and the electoral
vote and college spring incidently from
his thesis and its suggestion. In citing
these evidences of contest, of haste, and
Of ineongEuity in the great instrument
under which we live, we confne ourselves
to singly point Of inquiry at present.
It is as 20 the powers Of the President Of
the Senate in preparing and counting the
electoral roll. Upon this inquiry We
quote the constitution:
The President of the Senate, in the pres
ence of the Senate and House of Represen
tatiyas, shall open all the certificates and
the votes shall then be counted.
This phraseology has been preserved,
even though the constitutional manner o.
determining the choice Of Vice President
has been changed by amendment. A dis.
cussion hes arisen upon the powers Of
this officer. We have never had doubt