Western Sun & General Advertiser, Volume 17, Number 1, Vincennes, Knox County, 18 February 1826 — Page 1

WESTERN SUN & GENERAL ABYERTISE1?

BY ELIHU STOUT.

VINCENNES, (IND.) SATURDAY, FEBRUARY 18, 1S2G.

THE irESTEILY SUYt

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CONGRESS iv senate. Jan. 19. .Mr. Benton, from the select committee, to which was lehrtcd the several resolutions proposing amendments to the Cnntiuiiiou of ihc United States, 21 R ported, in fiart : i hat, in consideration of these various propositions, the committee could not be insensible to an objection, often repeated, against the expediency of making any alteration in the fundamental principles of our government Giving to this objection its due weight, and admitting the impolicy of making sudden and hasty charges, the committee would yet deem it an unwise surrender of an undoubted tight, in the existing generation, to refuse to make any reform in the federal constitution, which time and experience has proved to be necessary. Founded in the rights of man, this right to improve our social con dition has been acknowledged and guarantied in the constitution its el T ; and that it was not intended to be a barren privilege, nor its exercise construed into a mark of irreverence towards our ancestors, was sufficiently shown by the consti tution itself, in the double means which it provided for effecting its own amendment By ihcsc means, the right of amend incut is secured to the congress and the

states, conjointly, and to the states themselves independent of congress. This double capacity to receive amendment, was considered by its ablest supporters, about the time of its adoption, as one of the best features in the constitution. The privilege secured to the states to demand from congress the convocation of a National Convention, and to originate and perfect amendments, independent of the will of any branch of the federal government, was paiticulirty relied upon, and careful ly pointed out as the proper result or the states, whenever congress should neglect or refuse to propose the amendments which the people desired. A reference to the proceedings of the ratifying conventions, will show the stiess which was laid by the friends of the constitution, on this double capacity of that instrument, to receive amendment ; and the further fact, that, but for the existence of this capacity, and a belief in the greater facility of procuring subsequent than previous ainendtnents, that constitution, which is

now deemed, by some, too perlcct to be touched, wouUl never hac obtained the ratification of a sufficient number of states to put it in'o operation.

Equally rejecting, on one hand, that at-

Vol. 17. No. i.

electors ; and the ultimate election bv

States in the house of representatives. Considering that the effects of these failures, the want or uniformity, and the instability of the present modes of election, have nearly left us without constitutional rules for the choice of the two first officers of the federal government ; and be

lieving mat an amendment which would

sesses not onlv the ud f 1

rf . VV uvilli an , irj ir, inp mire n . t - ..sell the bi, but ol bung, al,., tl,c.,c ! render tl, ir J c"a ..? .' SUr' U litrli ic ttttt . . ! .... . . tlV4'lU I! dentin .

ifice tkr

& woik-

which is now in tore in a majority ol the j The spirit of intrigue a d ,n7 states, and the one whuh many others advantage of ,1,1 i ...Ian,fi

would gladly adopt, if all others could he in. nn , u"::, ."A"

mJ lo do so at t he 5a,c Ume. it is, ou candidates, contrive , pc. plcx ? ' b do, the ...odcol eka.0 in ,vhicl,, ci- tract, di.ide and ,l:s,ust tlx p o, .u hcr elector, may be ud,, aduect ,,c ; Hair irreconcilable Ltrn Ii?-T. '

t o v

1 .

uie io me people, and lavorable to the cause of liberty, the committee have icresolvtd to propose : 1st. That a uniform-mode of election, by districts, shall be established. 2dly. That the institution of electors shall be abolished, and the Pi esident and Vice President hereafter elected by a direct vote of the people 3d!y. That a second election, lo be conducted in the same manner as the first, shall take place between the persons having the two highest tuimbcis for the same office when no one has received a majority of the whole number of voles first givcn. TUc details of this plan of election arc given at length, in the lieaalunon herewith submitted ; and in bringing foiwatd a plan so essentia dy differing l'.om that of the present constitution, the committee bTieeit to he tlu-ir duty to the senate, to submit, at the same time, a btief xposition of the reasons which have influenced their determination. The first feature which r "rf in the committee's p'an o! ui.i n, ! the uniformity nf rir system which is piroo-

seel to Oe subsumed lor the di-r mu! vaiying modes ol eitetin;,. which

li ; : v : " I' -.m - v .,,,:t ... ,, . . i ,

same au.ee, ui eiileieo: limes T enumerate these various modi s, h a task alikt s.. practicable and uup.'olhahle ; lor they change with a suddenness which relics classification : to point out the c - ol such discoidant and mutabic prue'.ices, is unnecessary; for the whole continent Ins just seen and deprecated their pv.tnicitiiis tfl'jcts : I'o argue in favor ol none imilorm mode of election is deemed superfluous ; lor its necessity is univei silly admitted ; the demand for uniformity is heard io all directions ; nr.-! publt" c::pec tat ion must suflcr a deep die q; tricot, if earnest and persevcrim; c tito i at e not made at the present ..v. scion in -r.r c.-n. plish nn object of such pervdm?!; inteicst.

I he plan of mi fortuity w;.iv..i haj received the approbation ot the coomuMee, is that of the distiict system, It is believed to he the plan which, in addition to perfect unifnt mity, will jrie to eveiy sta;e, aiui to the e.ver.d i-ecltena of the. state, and, as far as possible, to evtrv indivitioa! citiz-n "ith.c wh.o'o Univn, heir legitimate share and due weight in the. eleetion of the chief otliceis of their country. The formation of the diht icls, the qualifications of the voter, and the m Miner of conducting the elections, bvin leltto the. state Icgislatui es, these importatit powers are placed in the safe ami unexceptionable hands which have a right to hold them. The time ol holding the eIcctions, being neccss trv to the uniform

ity of the system, is fixed in the plan of amendm-. nt. The number of the districts is made to depend upon the same principle w hich now determines the number of electors ; and, by assigning to each disUiot one vote for President, and one ote for Vice President, the relative weight of the states in this important eUctinu remains precisely as fixed in the picsent constitution. The uniformity of this systern of election is perfect, and, therefore,

tacnmeni to old institutions which rejects j one ol the mam objects of amendment every idea of improvement, and, on the will be accomplished by its adoption.

liiuut uuuii mtii tii4i. ii is me oesi system wmcu can oe

.. . . .7 i 1 HliW II. I comoine the advnni.nrpa tf m;(,4r.;t.. n,i. i ..,i n.n i i..- . ..

-"-.-j,-- ... u....viiiiiu;, ..tv. nmi mo vgisiaiivc oaiiot iicccssa stability, and ctpiahty, would be accepta- ill) exclude the direct vote, and reouire

1 i . i '

I .1 - vnv umiIV UiL LIII 111 A.rir-

lU uyne people; wmle the general when .educed to the nroner nLl " !

one for each presidential candidate is fair-

the agency ol those intermediate ckelors

which it is a part ot the object of this repoit, to prove to be both usciess and dangerous to the rights ol the people. The second leading feature in the committee's plan ot amendment is the i;ubsiitutiun ol a direct vote, lor the indirect one which the people now give io the election ol President anu iCL-Piesi.it nt. h is m this pan ol the crusutuiion, that ihc intention ol this ins . umeiit has ir.ost eompletely laii.U. l ;viy advamagc ejected to have heeniicnvtd lion U.t ii.iti u tion of eitetois has tailed in pu.cticc , at. d a multitude ot evils, not toiesv.cn, i'.ave spuing up in place of the anticipa.ed good -It was the mtenrioit if iin . i,i.vtW.,n.,.

ly put bclore the people, it may happen that the coi fidence of many voters will be dcstioyid in the candidate ol their own party, by insidious or bold attacks up, n the im.g.i.y ( f his intentions. Hut supposing this ck.rcr to be avohiv.!. r,

; laiumiicandiilatt b' lievcd to h( f- m d !,i3 sii.ccnty placed al ,m e su-picin, K ,ini. set fairly pitu-d aamst u n- ul rtr.rfidaic

' - - - '.-vi-.m... on ;,n in i ii v ti 1 1,. r....; . .

J 1,1 I'ln in !! ;f" e. c I.. ....... i

wnn;ii.g ims own fNcttiors. U h

o! his ow n ch.;t c t i,

that these elector s ahouid be an indepciultnt body of men, chobvd hv the people

ft om

among themselves,

on

i cop

account

it.

couahy

of

their supeiioi di.,cci nniciit, vit tuc and in

lormauon; k that this scitct body should bo kit iu make the election acciuding to their own will, without the slightest contioi hem the body of the people. '1 hat this intention Ims laiied ot its object in cvery cUclion, is a tact ot such universal

iHuoricty, in nt no one r;m dispute

-i- ! Higi,l to l.ac Kolec:, ib

mcoi.testabte ; foi such independence io

i v -co rs was ulu.iiy incompatible with ii i saieu id toe pei p.e. 'i hat it was, in tavt, ti eho-.i iiiTo and impracticable lika io c.:mii:uoiLy, except among a people sooi; i:i t! ut apathy which piecedes thv. cleaiii ul libel ly, is a piuposition too cu.ui to i eed illusliaiion. The failure, then, was, as it ought to have been, and ua.i obliged lobe, complete bom the ve ry fust institution oi electors. In the fust election held under the constitution, the people looked btvoud ihesc agents, fixed upon their ow;i candidates for President and Vice-President, & took pledges h om the electoral candidates to obey their will. In every subsequent election, the same thing has been done. Electois, then loi e, have not answered the design of their institution. '1 hey are not the independent body and superior characters which they wctc -itrend. d to U. Tht v ai e not h iu

t -

on

other, that spirit of

would leave nothing stable in ihe consti

tution, the committee iiavc ca' tfully consideredthe several propositions of amend

adopted, is confidently believed No other plan could be pioposed but that of choosincr electors bv ireneral ticket, or le

nient referred to them by the order of the 1 gislative ballot : the first ot which enables

senate, k after compaung vhem with the existing provisions of the constitution on the same points, they have come to the

conclusion, that the plan of that instrument has failed in the execution, in that most difficult part of all elective governments the choice of the chief magistrates ; and that it is no less a light than a duty, in the existing generation, to provide another plan, more capable of a steady equal, and uuifiu m operation. Besides a want ol uniformity under the present

plan, to such a degree as to exhibit three

the majority to impicss the minority into their service, puts it into the power ot a few to govern the election, r.r.d enables the populous stales to consolidate their vote, and to overwhelm the small ones; the second takes the election almost entirely out of the hands of the people, leaves it to a pie existing body, elected for a different purpose, and et.ablcs the dominant party in the legUlatut c, to bestovv the vote of the slate according to their ow n sen?e of public duty or private interest Huth these svstenis are liable lo

different modes of election in operation at the gravest objections, S are justly con

once, and a want of stability so great as to admit all these to he charged whenever the stat? legislatures please, the committee would indicate two great leading features in which the intention of the constitution has w holly failed the institution of

demned by the public voice ; even some

of the states which retain them, make a plea of the necessity which compels them to counteract the same rvstcm in some other state ; while the district system, which the committee recommend, pos-

the exercise oi their own judgment

the rnntnry. they give their vote, or bind

lociusvivcs io give it, according io the will of tin ir constituents The) have degenerated into meie agents, m a case which rccjni.es no agency, and where the agent must be useics il he is faithful, & dangerous, if he is not. Instead ol bung rhosen for the nobie qualities set lorth in the I'edvra'iat,' candidates for ckctots Lie. n-v.v most u-ually selected lor ihcir (lev olion to a pa. ty, their popular mannei s and a supposed talent at electioneei ing, which the fiamcrs of the constitution would have been ashamed lo possess. In the election by geneial ticket, the candidates are presented lo the people in masses equal to the whole number ol votes which ihc state has a right to give. The ticket bearing their names is composed by some unsetn and incsponsiblc power. ptinUd. and sent fotlh to the people to be voted for by many who know ihtm rot, but who are required to yield implicit confidercc both in the ticket iistll, & the unseen body which prepared it Disi i plinc and management most usually tnsuies success to this licktl ; and thus a

siting of electors hci'ome possessed of the votes of a state, without being sufficiently known to most of the voters to merit their confidence in the smallest patticular ; & often less known to ihtm that ihe presidential candidates ihemsehes. When chosen by legislative ballot, these titular electors arc still fuither removed (rem all knowledge and control ot the people, nnd act z pait still more sul dued to the purposes of a party. Even in the district mode of election, wheic electors are least

dangerous, they ate still sufficiently so, to merit rejection fioma service which every individual voter is competent to perform in his own person In the first place, wherever the evil of the gtncral ticket is avoided, another evil of an oppo site character is encountered, in the mub titudc cf clcctotal candidates which ofter themselves on the part of the same person; those who offer first, are frequently the most unfit in the district ; but, having put forth their names they consider themselves as vested with a sort of firc-c mfid.

ooes

ion, by

v e i-ht

iT'- d ot Uu! ?o ii .v

m the pu-sidu.ti?! ranv.ss. ai-o u. n fluence us t suit If f !(r,(l :lv Jlu ,e "l.o voud tor him have ho p v. cr -o o nttol I im. He may rjvc or -r . I j- ,Mc lo the adverse candidate, in vi- a l r. of all the pledges which had been taken fium hum I he crime is easily combined, for he von s by ballot ; detection d filcult, because he dors not sign it ; prevention is impossible, for he cannot be coerced the injury irreparable, for the vote cannot be vacated; b gal puuishnun' U unknown, and w( uld be inadequate ; & thus the de frauded voters, alier ail ihcir care and toil, remain without ledress for tl c post, or security for the fmure. That tl c-c mischiefs have not yet happened, is no answer to an objection that iU y may happen. The infancv ard const quent putity of the icpublic, is not the age to exptc t them. The belong to t.at riper penod, to which the increasing wea'th and population of the cour.trv is laj id'y earying us to an age ro't far disf.m, in w oich the lust of power in om cit-zens, a..d toe criminal designs er foreign nations, will give hundreds oi fficenar.d n.il- ! ) r il i u l n ... r

.w.. W1 ,,.,Inly ,0I. aS ,.ay 0t.:, would turn the sca!e in a nicidf ni;d

leeuon. j nen why preset c an invtiui'ion which nolorger answeis th-. purpose lot vv l.u it was created, and whose tendenev io i.fi;rt inpaiable n.ic l.irf. is not c u oetb .hjocf d bv the Jig'.-st capacit) todoarv d ? An ir.S!ioion which n.tiM in pfvC ipm lU p.- pfe a string r.l unkr o nrf1, f:, a c- nt t!-f cemmeneeti.t,,. nf ,, r ra, v;,ts (Ur,u tl t ir attertior-bv ,,ni!i 'xuU d ptiei (!- eis, whit, nciessar'rv b n: -,";r.rf us lifloences tr pi von. th, (Uij,, . prri litter it i, ov. r. - n' j, cts tj c i c' j f;,-x f r

' 'w.. i s ,o :.t (a itnio! f! , f t r-.f I ' ! r . tl.-.t . ...... 1. r i

""ji ..inn i,. c oi linnv

ii i

' p'.' p c ue lequncfl lo m ir -c I ; zj aul ot ;n iircspon-ihlr on! n; of.i o!a-

; c apem y. m a case w h

.uv oi w ny nave

i vvlioe 1 1 cache'

as e-

"rl ts.

.ciioo can

form-

in

ti-rou'-c o an at c nt

y mr.v i n i. nt , w i,r,vf. r

deiity cannot aid von ? y v n poy another to do a -hing wj ieh , vr..v ri iz-r. can d' iis easi.y ff.r him l! ? In the gerr-al ticket ?nd legislative n-od- s ofciecin, the body of eh ctors may be n-ade to ?r a' part. Thev be conic, in sorb case-, indiv-

1'iiisuoic matinnciy. to c-nab'c ll.f d

i-aru parry to cikct their viev s ; bin.

trie (Itstnct system, thrv are rv ci ir capable of being used for this purpose : and, if kept up, can be seen in no r tl er l:uht Pan as the rcseived instruments ol future and cotitirgrnt mischief.

That the qualified voters of the States ought to posess the i,al, as v il ns the noo.n.al light, to elect the Picsidtn ard ice P.esident of the United 1-iaies is a proposition dcducible frou- the !!ghts of man, ihe nature ot theFvdcta! Government, and the piepci distril uti- n of ail its poweis. The natuie ot this Govrn ment isrff and representative. It is tl e Goeinment of the Pe-.file, mar-agii g their own affairs in their own wi-y, thioi gh the agency of their own servants It rests upon Flecfiun, in opposition to Hereditary Succtismn ; and unless the people n ake theseclec-ions, the peculiar featuie w hich distinguishes this Government from a limited monarchy, must rappidtv disappear. In the distribution of the powers ol the Federal Government, the faculty ot the election was the only cne which appropriately fell to the mass of the eopie. It is the only one which they can exercise. All others are necessarily assigned to a fevvr select hands The people in mass cannot command armic and fleets, preside over public affairs at home, and trrat with foreign nations abroad : These powers must Uc left to Executive office. They cannot assemble in a body and enact laws : this power of legislation must be left to icp-