The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session Page: 15
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CONGRESSIONAL GLOBE.
If,
port thereon, in time to have it perfected and put on
the statute book.
Mr. HAMLIN proposed an amendment to the
amendment in these words: "or the electoral col-
leges of the several States." The object of this
amendment was to give to the electoral colleges the
power to supply vacancies in their number, which,
by this bill as it stood, was given to the legislatures
ot the States. But the bill before the committee
was defective and objectionable in other respects. It
was too broad in its terms. He would agree with
the gentleman who introduced this bill, if it simply
embraced a proposition to carry but the object
which they all desired to accomplish". But did this
bill do so? It did more: and he desired the at-
tention of the Hou«e to the provisions of
the constitution untler which they acted. By
this bill it was sought to d© more than the
constitution authorized Congress to do, or he
did not understand the force and meaning of words.
Congress had no right to dictate to the States how
the electors should be appointed, nor to prescribe
the manner in which the sovereign States should
make their returns; and hence lie agreed with the
proposition of his friend from New Jersey, whicii
covered the whole ground. That gentleman's
amendment fixed the time definitively; and when
Congress had done so, and provided for the recep-
tion of the decision of the States, so that they
might be fully represented, the power of Congress
ceased, and it did not become them to go one step
further.
Mr. ELMER remarked that the amendment sug-
fested by the gentleman from New Hampshire [Mr.
Iale] was unnecessary, for his (Mr. E.'s) amend-
ment embraced that ground with sufficient breadth.
He then said that, while he was up, he would cull
the attention of the House to a law of Congress,
which sustained the ground which he had taken in
relation to special elections; and he would read an
extract from that law, for the satisfaction of those
gentlemen who questioned the correctness of his
position.
Mr. E. read the section of the law referred to, as
follows:
- Sec 10. Jlnd be it further unacted, Tliat •whenever the of-
ces of President and Vice President shall both become va-
. ant, the Secretary of State shall forthwith cause a notifica-
ion thereof to be macle to the executive of every State, and
shall also cause the same to "be published jn at least one of
the newspapers printed in each State, specifying* that elec-
tors of the President ot the United States shall be appointed
or chosen, in the several States, within thirty-four days
preceding the first Wednesday in December, then next en-
suing: Pn'tided. There shall be the space of two months
between the date of such notification and the said first
Wednesday m December; but if there shall not be the space
of two months between the date of such notification and the
first Wednesday m December and if the term for which
the President and Vice President last m office were elected
shall not expire on the third day of March next enduing-,
then the Secretary ©f State shall specify, in the notification,
that the electors shall be appointed or chosen within thirty-
four days preceding the first "Wednesday inDecember in the
year next ensuing, within which time the electors shall ac-
cordingly be appointed or chosen, and the electors shall
meet and give their votes on the said first Wednesday in
Decembei, and the proceedings and duties of the said elec-
tors and others shall be pursuant to the directions pre-
scribed in this act.
Now the other provision of this act (said Mr. E.)
prescribed who should act as President of the Uni-
ted States, in case of the death of the Vice President;
but the officer who was thus to act was not to act
for the whole four years. There was to be a special
election. The bill of the gentleman from Ohio pro-
vided for that; but what the gentleman had over-
looked was this: the bill provided that the election
should be held in 1843, and every four years there-
after. Now if a special election occurred,' the Presi-
dent chosen under that special election was to hold
his office for four years; and m this case the regular
elections would not come at the end of every four
years after 1848. If, for instance, there were to be
a special election in 1846, then the President elected
would hold his office from the 4th March, 1847, un-
til the 4th March, 1851; and the regular election
would be m 1850, and not in 1852—four years after
1848—as this bill provided for.
It would be found, (said Mr. E.,) on looking into
the constitution, that the provisions of the constitu-
tion were very general in regard to the election of
President. It prescribed that he should hold his
office for four years, and be elected; but not when
the election should take place, or when the term of
his office should begin. It would be remembered
(if his impression was correct) by those who recol-
lected the history of the country, that the time of the
term of office of Washington was determined by ac-
cident. If he remembered rightly, the Congress of
the United States did not make a quorum in New
York for a considerable time after he was elected;
and it so happened—because there was no law on
that point—that he was not inaugurated until the
4th March( 1789; from which time of inauguration,
under the provisions of the constitution of the Uni-
ted States, he was elected for four years; Then this
act of Congress came in and prescribed when the
elections should take place. Instead of fixing a day,
it required that the elections should take place be-
tween two certain days. In Mr. E.'s judgment, this
provision ot the act of 1793 was not in conformity
with the constitution. He did not believe that, un-
der the power to fix a time, the Congress had the
right to say that the election should take place with-
in a certain period, but that they should fix a spe-
cific day. But this question was not now under dis-
cussion. All agreed that they had a right to fix a
day not only, but that it was their duty to do it. The
only question, then, was, how they should conform
this act to the existing law, and to the provisions of
the constitution; and to accomplish the object his
amendment was intended.
Mr. E. J. BLACK opposed the amendment of
Mr. Hamlin to the amendment of Mr. Elmer, on
the ground that it proposed to give concurrent juris-
diction to the legislatures and to the electoral col-
leges in the respective States. This being the case,
and those two bodies being of different political
opinions, the election might be negatived entirely,
and no election take place. He favored the amend-
ment of Mr. Elmer, which he conceived noi at all to
conflict with the bill itself.
I Mr. CHILTON, remarking that this bill provided
,4br the holding of elections for electors for President
|and Vice President on the same day, and that no
j votes cast after that day should be received, sug-
? gested to the gentleman who had introduced this
bill (for Mr. C. was himself an advocate for having
these elections at the same time over the United
States) that some provision be made to meet the con«
dition of things existing in Virginia. They voted in
that State viva voce, and it frequently happened that
all the votes were not polled in one day. • It had so
happened during the recent election, at Richmond
and at other places. In addition to this, in a State
circumstanced as Virginia was—mountainous and
intersected by large streams of water—at times of
high water, and of inclement weather, voters were
frequently prevented from attending the polls in
one day, not only in the presidential elections,
which had induced the legislature to authorize
the continuance of the elections when, in the judg-
ment of the regularly constituted authorities, any
considerable number of voters had been prevented
from coming to the polls. The case had happened,
and would happen again, when all the votes could
hot be polled. It could not surely be the design
f any gentleman, by this bill, that those who
Kvere entitled to vote for electors for President and
{Vice President of the United States should be depriv-
jed of this privilege. He had not risen to present a
Substitute, but to bring to the notice of the gentle-
man [Mr. Duncan] who had charge of this bill this
^>oint, with the hope that he would so shape the bill
as to obviate any difficulty of this kind.
Mr. DOUGLASS said he thought the discussion
upon this bill was productive of at least one good,
viz: to demonstrate the necessity of sending the bill
to a standing committee of the House, to be subject
ed to a more careful examination, so as to conform
its provisions more closely to meet the evil sought to
be remedied. Upon glancing at the constitution,
while he was well satisfied that Congress had the
power to prescribe the time for holding elections for
electors, and also that it was proper that they should
excrcise this power, he was convinced that this
bill will was so defective that it would be impossible
by it to effect the objects intended without making
material changes in it. -He agreed with the gentleman
from New Jersey, that when the President of the
United States should be elected, whether by general
election or by special election, as the gentleman term-
ed if, he must hold his office for fouryears. But
he thought there was a mistake in the gentleman's
supposing there was a necessity for a special elec-
tion in case both the President and the Vice Presi-
dent died. Mr. D. read the provision of the constitu-
tion that in case of the death of both these officers,
the Congress might by law "declare what officer
shall act as President" until a President shall be
elected. Surely that provision of the constitution
did not require a special election, or any election un-
til the regular time came about. He did not deny,
in case of the death both of the President and Vice
President, that Congress might order a special elec-
tion, because the constitution provided that Congress
might fix the time; but if it did, it was not a special
election, but a general election; and every subsequent
election must be at the end of every four years from
that time, and the President thus elected msst hold
his office for four years. He thought the differences
of opinion that manifested themselves, and the dis-
crepancies of this bill with the constitution, clearly
demonstrated the - necessity of sending it to a
standing committee. His object was not to delay
the bill: as one of its friends, he was solicitous it
should pass, and pass at an early day; but he was
convinced there could be no safe, sound action on
the subject, until the bill should have gone to a
committee, and been thoroughly examined in all its
details.
Mr. HAMMETT remarking that it was obvious
that this bill was not to be disposed of in Commit-
tee of the "Whole, at present at least, that the Pres-
ident's message had not been referred, and that some
of the committees, it was known, had been summon-
ed to meet to-morrow morning, moved that the bill
be laid aside informally for the present, in order to
to take up for reference the President's message.
The question was taken, and the motion was
agreed to.
So the bill was passed over informally.
PRESIDENT'S MESSAGE.
Mr. HAMMETT (still retaining the floor) said
he would move that so much of the President's
message as related to Texas, be referred—
Mr. DROMGOOLE suggested that before a mo-
tion of this kind could be made, it was necessary
that the committee should determine they would
I proceed to the consideration of the message.
The question "Will the committee proceed to the
consideration of the President's message?" was taken,
and agreed to.
Mr. DROMGOOLE then [Mr. Rammett yield-
ing the floor] offered a series of resolutions; whicb
were read by the cleik, as follows:
Resolved, That so much of the annual message of the
President of the United States to the two Houses of Con'
gress at the commencement of the present session, as relates
to our foreign aft airs, together with the accompanying cor-
respondence in relation thereto, be referred to the Com-
mittee on Foreign Affairs.
•2. That so much as relates to the condition of the treas-
ui y—to treasury notes outstanding—to the payment of the
debt? of the United States—to the stocks of government,
and the re-enactment of a law establishing a sinking fund-
to the depositories of the public moneys and the favors of
government m connection therewith—to the connection of
the revenue with the currency ofthe country—to the reduc-
tion or modification of the duties imposed, so as not to ex-
ceed an amount of taxation beyond what is "necessary for
an economical administration of the government," be re«
ferred to the Committee of Ways and Means.
3. That so much of said message as relates to the condi-
tion of the army of the United States—to fortifications—
securities of cites and roadsteads—to the establishment of
military posts on the line of land travel to Oregon—together
with the report ofthe Secretary of War, excepting such part
as may be otherwise referred, be referred to the Committee
on Military Affairs.
4. That so much of said message as relates to the Indian
tribes, Indian affairs, and the removal of all the tribes re-
siding within thejlimits of the several States, together with
so much of the report of the Secretary of War as relates to
these matters, be referred t© the Committee on Indian Af-
fairs.
ft That so much of said message as relates to th« navy of
the United States—to the propriety of the division ofthe
bureau ot construction, equipment and repairs—to the es-
tablishment of a navy-yard at Memphis, and a rope-walk in
connection therewith, together with the report of the Sec-
retary of the Xa\y, be referred to the Committee on Naval
Affairs.
(i. That so much of said message as relates to the occu-
pation and settlemeat of Oregon, to the enactment of laws
lor the government of said territory, and for the protection
and security of the persons and property of our citizens
and inhabitants therein, be referred to the Committee on
the Territories.
7. That so much as relates to the Post Office Department,
to the alteration of the tariff' of postago. to the mode of sus-
taining the department, together with the report of the
Postmaster General, be referred to the Committee on the
I'ost Office and Post Roads.
8. That so much of said message* as relates to the policy
of establishing a regular line ot steamships to ply between
this country and foreign ports, and upon our own waters,
for the transportation of the mail, be referred to the Com-
mittee on the Post Office and Post Itoads, and so much as re-
lates to the propriety of placing such ships under the com-
mand of experienced officers of the navy, be referred to the
Committee on Naval Affairs.
9. That so much of said message as relates to appropria-
tions made by Congress for the improvement of the rivers
of the West, ar)d of the harbors on the lakes, and impresses
on Congress the great importance of withholding appropri-
ations from, improvements "which are not ascertained by
previous examination and survey,'5 be referred to the Com-
mittee on Commerce.
10. That so much of said message as relates to th« DjstricJ
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United States. Congress. The Congressional Globe, Volume 14: Twenty-Eighth Congress, Second Session, legislative document, 1845; Washington D.C.. (https://texashistory.unt.edu/ark:/67531/metapth2366/m1/31/: accessed April 20, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.