The Debates and Proceedings in the Congress of the United States, Seventeenth Congress, First Session, [Volume 1] Page: 123
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123
HISTORY OF CONGRESS.
124
Senate.
Amendment to the ConstUviion.
January, 1822.
man whether, by the course which he proposed, he
did not risk the principle for the sake of the de-
tail, &c.
Mr. Lloyd said he felt himself obliged to persist
in his motion. It had always been one of the first
maxims of his political life, to place elections and
power in the hands of the people. In his own
State, (Maryland,) the election of Electors had al-
ways been by districts. He was not disposed to
take from the people of that State, or of any State,
a particle of the power which they had heretofore
exercised, and was therefore opposed to placing the
election of any part of the Electors, even of two
for each State, at the discretion of the Legislature.
He wished to establish not only uniformity of ac-
tion among the States, but also an uniformity in
the principles on which they were to act. It was
a curious sort of uniformity to say, that the Elec-
tors shall be chosen by districts, but forty-eight of
them shall be chosen by the State Legislatures.
He did not know, he further said, how an arrange-
ment of this sort would accord with the conveni-
ence of the States. The time for election of the
two Electors for each State might not correspond
with that fixed for the sittings of the Legislatures,
&c.,—sinee, according to law, the election of the
Electors must be made within thirty-four days.of
the 1st of December. This at least deserved ex-
amination and inquiry. Mr. L. dwelt for some
time on the importance to the full success of the
principle of this amendment, that it should be made
to conform wholly to its profession of uniformity,
and expressed his regret that the gentleman from
New Jersey opposed his motion for recommitment,
seeing that they agreed so entirely in principle on
this subject.
Mr. Dickerson suggested that there would be
no difficulty in each State providing that, in each
district, when voting for an Elector for the district,
the people should also vote for the two Electors
which are to be chosen for the whole State. In
this way, the difficulty which the gentleman ap-
prehended might be readily avoided.
Mr. Holmes, of Maine, quoted the Constitution
to show that Congress had already the power to
prescribe a day for the choice of Electors, and to
make the same uniform throughout the United
States. As to the day for the meeting of the Elec-
tors, the Constitution was imperative, but a dis-
cretion was left with Congress as to the time for
the election of Electors. He thought it would be
entirely safe still to leave that matter in the hands
of Congress.
Mr. Otis, perceiving, contrary to expectation,
that the minds of gentlemen were not fully made
up on this subject, moved to postpone the further
consideration of the subject until to-morrow, to
give gentlemen time. This motion, however, he
subsequently withdrew.
Mr. Lowrie said, the debate to-day had been
wholly on that part of the resolve which relates
to the election of Electors of President and Vice
President—and the separate provision respecting
the mode of electing Representatives to Congress
appeared to have been wholly overlooked. It was
certain, he said, that Congress now have the power
to direct the mode of electing the latter. He did
not mean to debate this subject; but he thought
gentlemen ought to look a little further into that
part of the subject which had not been touched
upon ; and with that view moved to postpone the
further consideration of the subject until Monday
next.
Mr. Dickerson said he thought he could obvi-
ate the difficulties of the gentleman from Penn-
sylvania on this point; on other points, he knew
he could not, for he understood very well what
point pinched. The origin of that provision of
the Constitution to which the gentleman from
Pennsylvania had referred, was, the fear of a re-
fusal on the part of some of the States, to send
Representatives to Congress. But the time hav-
ing passed when any such danger can be appre-
hended, that part of the Constitution, Mr. D. said,
might be regarded as a dead letter. It is true that
Congress yet had the power, but he denied that it
would ever be exercised. Congress could not com-
mand the State Legislatures to district the States,
and Congress could not itself have the necessary
knowledge to justify its undertaking to do it.
And if the States, or any of them, were to be dis-
tricted, by Congress, contrary to the will of the
people, they would consider it a degradation, and
they would not submit to it. Large States must
be divided into districts, because they cannot, with-
out absurdity, attempt to vote a general ticket
for members of Congress; and small States, he
thought, ought to be required to do the same. He
asked the gentleman from Pennsylvania whether
it was not decidedly for the interest of the State
which he represented that this amendment should
be adopted, &c. ? and concluded by expressing his
hope that the gentleman was now satisfied on this
head.
Mr. Lowrie said he was satisfied of the propri-
ety of his motion for postponement; for, if he
understood the argument of the gentleman it cut
both ways. One of Mr. L.'s objections to the
proposition for districting the States for the pur-
pose of making these elections, was, that it pro-
posed to impose upon the Legislatures a duty which
they could not be able to perform. He wished the
further consideration of the resolve to be postponed
for a few days, to give time to examine it.
The question was then taken on the proposed
postponement; when there were for the postpone^
ment 14; against it 14.
The Vice President declared himself against
the postponement..
Mr. Chandler moved to amend the resolution
so as to provide that the two Electors who are
to be chosen from each State (in addition to those
severally to be chosen from the Congressional dis-
tricts) shall be chosen at large, by each voter giv-
ing his vote for two Electors, in addition to his
vote for one Elector for the district in which he
lives. This amendment, Mr. C. said, would do
away the objection in his mind, and, it appeared,
in that of some other gentlemen, to the details of
this proposition.
On motion of Mr. Lanman, the further consid-
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Gales and Seaton. The Debates and Proceedings in the Congress of the United States, Seventeenth Congress, First Session, [Volume 1], book, 1855; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30365/m1/60/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.