Year: 1868

ing message to the two houses of Com
gress: r .-r


q. To the Senate and House of Repre-
se1ltatiUes: ..,. ....


Experience has illustrated the wis
dom of the trainers of the Federal
Constitution under all circumstances.
The result of their Iabors was as near
approximation to perfection as was
compatible with the taIlibility of
men. The estimation in which the
Constitution has ever been held by
our countrymen, it is not surprising
that any proposition for its alteration
or amendment should be received
with reluctance and distrust. Whilst
this sentiment deserves commenda-
tiOn and encouragement as a useful
preventive of unnecessary attempts
to charge its provisions, it must be
conceded that time has developed
imperfections and omissions in the
Constitution the reformation of which
has been demanded by the best inter-
est of the country. Some of these
have been remedied in the manner
prescribed in the Constitution. 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 de-
termine whether they should be cor
rected by means of additional amend
ments, My object in this communi-
cation is to suggest certain defects in
the Constitution, and to recommend
that the judgment of the people be
taken on the amendment proposed.


The first OF the defect to which
desire to call attention is, that clause
of the Constitution which provices
for the election of President and Vice
President through the Intervention of
electors, and not by an immediate
vote of the people. The Importance
of so amending this CLAUSE so as to
secure the election of President and
Vice President by their direct votes,
was urged with great earnestness and
ability by President Jackson in his
grst annual Message, and the recon-.
mendation was repeated i'll five of his
subsequent communications to Con-
gress, extending through eight years
OF his administration. In his Mess
age OF 1929, he said: ITO the people
belongs the right of electing their
Chief Magistrate, 1T was never de-
signed that their choice should in any
way be defeated, either by the inter
ventIon OF Electoral Colleges, or by
any agency eonfided under certain
contingencies to the House of Repre-
sentatives, the most important of
which was that the choice of clear
majority of the people might be easi-
ly defeated, He closed the argument
with the following recommendation /:
al would, therefore, recommend such
an amendment of the Constitution as
may remove all the intermediate
agency in the election of President
and Vice President. The mode may
be so regulated as to preserve to each
State its present relative weight in
the election, and failure in the first
attempt may be provided for by con-
firming second to a choice between
the two highest candidates. In con-
nection with such an amendment, it
would seem advisable to limit the
service of the Chief Magistrate to q
single term of either four or six years.
If, however, il should not be adopted,
it is worthy Of consideration whether
provision disqualifying for Office the
Representatives in Congress, ,on whom
such an election may have devolVed,
would not be proper"


Although this recommendation was
repeated with undiminished earnest
ness in several of his succeeding mes
sages, the proposed amendment was
not submitted to the people by Con-
gress. The danger of defeat of the
peoples choice in an election by the
House of Representative remains
unprovided for in the Constitution, &
would be greatly increased if the
House OF Representatives should as
sumo the power arbitrarily to reject
the vote of State which might moi
be cast in conformity to the wishes o.
a majority OF thai body. But if Pres
ident jackson failed to secure the
amendment to the Constitution which
he urged so persIstently, his argument
contributed largely to the formation
of petty organizations which have
continually avoided the contingency
Of an election by the House of Rep
resentatives. These organizations
first by the resort to the caucus sys
tenn of nominating candidates, anC
afterwards to State and National con
ventiOns, have been successful in s,
limiting the number of candidates a!
to escape the danger Of an election b.
the House Of Representatives. 1t i
clear, however, that in thus limiting
the number of candidates, the tru


object and spirit of the Constitution
has been avoided and defeated.


1t is an essential feature in our re


publican form of government, tina


every citisen possessing constitutions


qualifications, has right to become


candidate for the Office of Presiden


or Vice President, and that ever.


qualified elector has right to cast hi


vote for any citizen whom he ma
" regard as fit for Office. But unde


party organization, which have pre-


vailed for years, these essential right


OF the people have been as effectuall


cut Off and destroyed as if the Cor


stitution had prohibited their exel


else, The danger of a defeat of POI


ularo choice in an election by tn


House OF Representatives is not gres


ter than an election made nominal


by the people themselves, when b


the laws of party organizations IAN


by constitutional provisions requirin


the people to vote for electors il


stead of for President and Vice Pre-


ident, it is made impracticable Il


any citizen to be q candidate axeaE