Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Twentieth Congress Page: 119
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OF DEBATES IN CONGRESS.
119
Dec. 18, 1828.]
Jlmendmmts to the Constitution.
[H. or R.
the drawback was calculated at five and a quarter cents;
if this difference was deducted, he would find that there
was still a surplus of $2,600 in favor of the Treasury. The
bill proposed a drawback of only five cents. Mr. C. said
that when he introduced the bill he had no idea it would
encounter any opposition whatever; he had not been able
to conceive any possible grounds on which it could be ob-
jected to. As to the fact just stated by the gentleman
from Louisiana, if the person referred to had erected a
large establishment in New Orleans for refining- of sugar,
he would advise him to use for that purpose the white su-
gar of Havana, as he would find liis establishment, in that
case, a far more profitable concern.
Mr. STEVENSON, of Pennsylvania explained, in re-
ply to Mr. Seiujeajtt, and insisted that what he had stat-
ed as to the increase of the sugar refining business, with-
in the last three years, was strictly true. The export of
refined sugar had risen in those years, and under the re-
duced drawback, from 50,000 lbs. to 230,000 lbs. It
might be true that the amount in money appeared greater
in some former years, but then the drawback was at a
higher rate.
Mr. SERGEANT, in reply, reminded his colleague that,
in the statement he had formerly submitted to the House,
he had made allowance for this difference in the rate of
drawback, and still it appeared that the trade had decreas-
ed to one-fourth of its former amount.
The question was then put, and the bill was passed
without a division.
Thursday, Di:c. 18, 1828.
AMENDMENTS TO THE CONSTITUTION.
The House resolved itself into a Committee of the
Whole on the following- resolution, submitted by Mr.
ALEXANDER SMYTH, of Virginia, viz.
"Resolved by the. Senate and House of lleprescntulhcs of
the United States of America in Congress assembled, two-
thirds of both Houses concurring, That the following- amend-
ments to the constitution of the United States be proposed
to the Legislatures of the several States, which, when rati-
fied by three-fourths thereof, shall be a part of the said
constitution:
"I. After the third day of March, one thousand eight
hundred and twenty-nine, no person who shall have been
elected President of the United States shall be aguin eligi-
ble to that office.
" II. The election for President and Viet.- President, by
electors appointed by the several Stales, shall be held in
the third year of the Presidential term. If, on counting
the votes, in the presence of the Senate and House of
Representativcs, no person have a majority of the whole
number of electors appointed, that fact shall be published
by the President of the Senate, and a second election for
President shall be held in the fourth year of the Presiden-
tial term, as follows: The voters in each State, qualified to
vote in elections of the most numerous branch of the State
Legislature, shall assemble, in the month of November,
on such days, and at such places, as the said Legislature
shall appoint, and vote for one of the persons having the
two highest number of votes given by the elector's for
.President, and still living; the officers conducting the
elections shall meet in each State, on such day, and at such
place, as the Legislature thereof shall appoint, ascertain
the number of votes given therein for each person, and
certify who has the greater number, which certificates
they shall sign, and transmit, sealed, up, to the Seat of Go-
vernment of tjif.' United States, directed to the President
of the Senate, who shall, in the presence of the Senate
and House of Representatives, open all the certificates, and
the votes of the States shall then be ascertained, each
State having one vote, which shall be counted for the per-
son having the greater number of votes given therein, and
a majority of all the States shall be necessary to a choice.
Should no person have a majority of the States, then,
from the persons last voted for, having the two highest
numbers of States, the House of Representatives shall, as
heretofore, choose immediately, by ballot, the President,
the representation from each State having one vote.
"III. After the third day of March, one thousand eight
hundred and twenty-nine, no Senator or Representative
shall, during the time for which he was elected, be ap-
pointed to any office or employment under the authority
of the United States.
"IV. When the House of Representatives shall choose a
President, no person who shall have been a member of
that House at the time of making the choice, shall, during
the continuance in office of the President so chosen, be
appointed to any office or employment under the authori-
ty of the United States."
The resolution having been read,
Mr. SMYTH thereupon rose, and said, the constitution
should be inviolable, but not unchangeable. The consti-
tution is the supreme law; but, to hold any law to be un-
changeable, except the moral law, is to obstruct the im-
provement of the social state. In the infanc}' of this Go-
vernment, it was, perhaps, necessary that General Wash-
ington should serve a second period of four years, because
of the unequalled confidence reposed by "the people in
him, and the weight of his character in sanctioning the
measures of the new Government. It never can again be
important to require the services of any one man for a
period longer than four years. ;In Governments of a
despotic character, where the will of the chief is law, the
continuance of the life and reign of an Alexander, a Julius,
a. or a Napoleon, may be necessary to the comple-
tion of great plans. Not so in our Government of laws.
\V hat schemes can a President form that he may not
execute in four years? Should he contemplate making
a canal from the Balize to the mouth of the Oregon', he has
only to recommend the measure, approve of the act, if
Congress will pass it, and leave the completion of the
work to time. It will be carried on as well under his
successors as under himself. Mr. Madison recommended
the,increase of the navy; the plan was adopted, and. its
execution is going on, although he is in retirement. Mr.
Monroe's plan for fortifying the seaports is progressing,
as well as if he was still Chief Magistrate.
Why should any one be elected President a second
time? With a population of twelve millions, rapidly in-
creasing, shall we at any time have but one man fit to (ill
the office of Chief Magistrate? Can it ever happen that,
in twenty-eight years, say a generation, we shall not have
seven men fit to till the office of President? What are the
qualifications? Patriotism, attachment to equal rights, in-
tegrity, g'ood judgment, and a well informed mind. Such
men, I trust, will never be rare in the United States.
We. hold that all citizens possess equal rights. Then
we should favor rotation in office, among men of equal qua-
lifications. )5y reducing the period for which a President
may serve, to tour years, this office willreward the services
of twice as many of our distinguished citizens, as otherwise
could possess it. By increasing the number of those on
whom you may confer the highest reward of virtue, you
will excite emulation, and increase the number of those
who will aspire to deserve that, reward by public services.
And you may thus satisfy the claims of the grand divisions
of the United States, it is exalting one man too much
above his peers to elect him President a second time.
If it shall be deemed expedient that the President should
serve for a longer time than four years, let the period be
extended by an amendment to the constitution, and let not
the President be a candidate. To me it appears inexpe-
dient to entrust the office of Chief Magistrate to any man
for a long time. The greater the power attached to any
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Gales, Joseph, 1761-1841. Register of Debates in Congress, Comprising the Leading Debates and Incidents of the Second Session of the Twentieth Congress, book, 1830; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30754/m1/123/: accessed May 8, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.