Year: 1874

The Third Term Question and tn


constitution - Necessity for Amend


ments.


NO part OF the federal constitution seemed


toN'ne generation that adopted it so perfect il


theof' or has proved so disappointing il


practice, as that which relates to the election


of the PresA1t lent The history of the Conven


ton shows that this imaginary perfection was
reached only at a late stage of its proceedings,
and after more changes, ,vacillation and embar-
rassment, more propositions offered only to be
rejected, or adopted to be rescinded, readopted
and again rescinded, than were presented In
all the other parts of the constitution put
together. In the original plan, which formed
the basis of the discussions, the Executive
was to be elected by the national Legislature
for seven years and be ineligible thereafter.
The seven years were afterwards reduced to
six. After this the ineligibility for second
term was stricken out by q vote of six
States against four On the 10Th of July
proposition was carried by the vote
OF eight States against two to take
the choice of President from the
national legislature and give it to electors ap-
pointed by the State legislatures. On the
23d of July motion to restore the election
by the national Legislature was adopted by
the vote Of seven States against four A few
days after the resolution was again amended
so as to restore the ineliglbility clause and
the term OF seven years by vote Of seven
States against three. The whole resolution,
as thus amended, was then put to vote and
adopted, with six States in the affirmative,
three in the negative one absent and one
equally divided. This seemed for the time to
tuition, leaving nothing bnt to put it in the
proper form. The constitution was then re-
ferred to committee of detail to prepare
draft in conformity to the resolutions of
the Convention. But in discussing the
draft the Executive Office again came up for
discussion. Difficulties and objections were
presented with accommodating force the Con-
vention undid the work it had SO often
changed; and at last after new series Of
rejected propositions, it was determined
almost unanimously to reduce the term from
seven years to four, and choose the President
by electors appointed in such manner as the
State legislatures should prescribe.


The fundamental mistake of the trainers of
the constitution in this part Of their plan was
the supposition that the Presidential electors
would exercise their own free choice and vote
of every external influence
The Convention fancied that it excluded
federal patronage from the choice Of Presi-
dent by requiring that no person holding any
office under the federal government shall be
Presidential elector. They thought that it
shut the door against intrigue, cabal and
corruption by requiring that the electors
should meet in their several States to cast
their votes on the same day instead Of assem-
bling as one body; that they should meet i'm
after their appointment for this
one purpose, and that their official existence
should be SO transient as to permit of no COM
between the electoral colleges Of
the several States for concert and intrigue It
was not foreseen by the trainers of the con-
stitution that the functions they intended to



ticipated and usurped by nominating bodies
called national conventions, chosen outside
Of any law and assembling in one place. The
Presidential electors are mere instruments of
the nominating conventions. They only
record the selection Of candidates made by the
party conventions.


The substitute which was thought so dex-
ferrous and clever having proved utterly
worthless, it is great public misfor-
tune that the Convention did not ad-
here to its original plan of giving
the President tenure Of six or seven
years and making him ineligible for second
term. In the progress of time the federal
patronage and influence have expanded to
such colossal proportions that General Grant
the hope of third election, and the
constitution interposes no obstacle The
precedents set by Washington and Jeffer-
son, who declined third term, were
purely voluntary and have no sort of
binding force. They merely operate upon
public opinion. If the combined influence of
Presidential ambition, federal patronage and
party discipline should set aside those whole
some precedents which have been so long
respected, there is no legal or constitutional
If President Grant were to be
elected third or even seventh time his
right to the Office would be as perfect and as
as when he first received
majority of the electoral votes. The country
cannot afford to depend for its security upon
mere precedents which have no binding
authority and may be set aside with impunity
whenever President in Office is able to pack
he nominating convention of his party. and
hat party proves to be q majority. The out
ook is becoming too ominous for the country
o trust to so frail barrier as the mere prece-
tents Of earlier and purer times. With the
,ast amount Of corrupting patronage in his
lands, and with hundred thousand Office