H. of R.]、 School Fund for the several States. SCHOOL FUND FOR THE SEVERAL STATES. Report of the Committee on the Public Lands, made to the MR. STRONG, from the Committee on the Public Lands, to That the subject referred to the consideration of the committee is manifestly of great interest. It has directly in view the improvement of the mind and morals of the present generation, and of generations to come. It contemplates giving additional stability to the Government, and drawing around the Republic new and stronger bonds of union. We are, indeed, a peculiar People. None enjoy more freedom than we do; and, though it be the price of blood, yet it is not founded in usurpation, nor sustained by the sword. The most casual observer of human institutions at once perceives that our political, as well as civil condition, in some essential particulars, differs fundamentally from that of every other nation. The Constitution under which we live is the only one, beyond the limits of this Republic, which secures religious toleration, and leaves the tongue and the conscience free. This was chiefly the result of education. Chastened liberty lives in the voluntary choice of an enlightened People, while arbitrary power depends for its existence upon the slavish fear of an ignorant multitude. Hence, a Government like ours, which guaranties equal representation and taxation, tria! by jury, the freedom of speech and of the press, of religious opinion and profession, not only depends for its energy and action, but for its very existence, upon the WILL of the People. They, and they only, can alter, or change, or abolish it. And, are the rights of mankind, and the obligations of civil society generally understood or respected by the ignorant? Has property, or reputation, | or life, when left to depend upon the wisdom of ignorance, or the forbearance of passion, ever been accounted safe? And where is the human character usually found the most degraded and debased? Is it where schools and the means of education abound? or is it where the light of knowledge never illumined the human intellect? If, then, the habits, notions, and actions of men, which naturally result from the ignorance of letters, from the force of superstition, and the blind impulses of passion, are utterly incompatible with rational liberty, and every way hostile to the political institutions of freedom, how high and imperious is the duty upon us, living under a Government the freest of the free, a Government whose action and being depend upon popular will, to seek every constitutional means to enlighten, and chasten, and purify that will? How shall we justify it to ourselves, and to the world, if we do not employ the means in our power in order to free it from the severe bondage of ignorance and passion, and place it under the mild control of wisdom and reason? As large as the opportunities of acquiring knowledge are, and as much of common learning as the American People have, there are some, growing into manhood around us, who have neither learning nor the opportunity of acquiring it. The resolution under consideration proposes to appropriate a portion of the proceeds of the public lands to a new and specific object-to convert it into a permanent fund for the sole use and support of common schools in the several States, and to divide this fund among the several States, in proportion to the representation of each in this House: 19th CONGRESS, 1st SESSION. Of appropriating a portion of these proceeds to a new and specific object.-A part of the public domain was acquired by the fortune of war, and a part by purchase. The whole constitutes a common fund for the joint benefit of the States and the People. This domain amounted to some hundred millions of acres, and, of it, probably some two hundred millions of acres of good land yet remain unsold. It is true, that the proceeds of these lands, together with those of the internal duties, and the duties on merchandise and the tonnage of vessels, to the amount of ten millions of dollars annually, are appropriated and pledged the appropriation of the whole or of any part of the proto the "Sinking Fund." But, is this a valid objection to ceeds of these lands to any other proper object? Since the act of March, 1817, making this appropriation and pledge to the sinking fund, the annual average amount of the public revenue has been about twenty millions of dollars. So long, therefore, as ten millions of dollars are left to the sinking fund, the appropriation is answered and the pledge redeemed; and the surplus revenue, from whatever source derived, not having been appropriated or pledged, remains to be disposed of in such way and for such purposes as the Congress may direct. But, are the public lands a source of revenue upon which a wise and prudent Government ought to risk its credit? Will capitalists lend their money upon such vague and uncertain security? The land may be offered for sale, but no man can be compelled to buy. The purchase is wholly voluntary. The promised revenue to be derived from it is altogether contingent. It depends not at all upon the power or the necessities of the Government, but upon the will of the purchaser. Besides, the faith of the Government does not consist in the intrinsic value of the thing pledged. This is not enough. No prudent man, for example, would lend his money to the Government to be re-imbursed out of the proceeds which may or may not accrue from the lead mines and salt springs belonging to the United States. The value of the pledge is the credit it secures. And the thing pledged is valued in proportion to its peculiar fitness and proper adaptedness to the end for which it was pledged. So that the faith of the Government necessarily depends upon its ability to coerce the possession-to touch and turn the thing pledged into money. This the Govern ment cannot do with the public lands. They are, indeed, tangible; but neither the wishes, the will, nor the power of the Government can change them into money. They are, therefore, not a proper source of revenue, upon which the faith or the credit of the nation should be hazarded. Congress seems to have considered them so. A township of land has been given to the "Nation's Guest." Large portions of land have, from time to time, been given to other individuals, and to public institutions. Now, if it be good faith to give away the lands, from which the revenue pledged to the sinking fund is derived, it cannot be bad faith to appropriate a portion at least of their proceeds for the support of common schools. Of converting it into a permanent fund for the sole use and support of Common Schools in the several States.— Unless children are taught how to govern themselves, and how to be governed, by law, they will rarely make good citizens. It may be objected that the Constitution does not give to Congress the power to appropriate the proceeds of these lands for the purposes of education. The question is not whether Congress can superintend and control the private schools in the several States, but whether Congress can appropriate the proceeds of these lands for the use and support of those private schools, to be applied by and under the exclusive authority of the several States? The only clause in the Constitution, which, perhaps, can in any way restrain the general right of appropriating money, is that which declares that the Congress shall have power "to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the 19th CONGRESS, 1st SESSION. School Fund for the several States. common defence and general welfare of the United States." [H. of K. terest only is to be applied, of investing the principal This part of the subject merits some examination.``E Can the proceeds of the public lands, in any sense, be seems to be manifest, that the more certain and permanen considered a tax, duty, impost, or excise? A tax must the fund, the greater and more lasting will be the benefits be levied, and the obligation to pay it, created by the au-flowing from it. To apportion and pay the principal athority of law. The money derived from the public lands nually to the several States, will be doing equal and exe is not levied, nor is the obligation to pay it created by law. justice. But the principal, in that case, would be annually Both the purchase and the obligation are voluntary. The expended. The consequence of this will be, that, as the Constitution gives Congress the power of disposing of the public domain diminishes by sales, until the whole is sold, territory and other property of the United States, but it no the fountain whence the fund is to be drawn, will be where considers the proceeds of these lands as a revenue gradually and finally exhausted, and the fund and its beneto be applied as the proceeds of taxes are directed to be fits, of necessity, diminish and cease together. As this applied. The Military Academy at West Point is an in- domain is not exhaustless, if the principal, set apart for the valuable institution. If Congress has the constitutional use of these common schools, be annually expended, its power, (and we believe no one denies it) to establish such benefits will be chiefly confined to our own time; but, by school; to draw money directly from the public Trea-investing the principal, and dividing the interest only, the sury for its support; to pay for teaching a boy mathema- fund will accumulate, and its benefits may continue to fi tics and engineering; it may be difficult to show that Con- ture ages. The committee, therefore, propose, that the gress has not the power to employ a few acres of the pub-sum annually appropriated, shall be invested by the United lic domain to teach a poor man's son how to read. But did any doubt remain, that doubt would appear to be removed, by referring to the facts, that a portion of these lands, has, from the beginning, been set apart for the purposes of common education, and that other portions of them have been given, from time to time, for the use of colleges, and of deaf and dumb asylums, and for the construction of roads and canals. States, in some productive fund, the interest, or other proceeds of which shall be annually apportioned among the several States, according to the representation of each State in the House of Representatives of the United States. This sum may be invested in various ways. It may be invested in bank, canal, or United States' stock, or a new stock may be created for the purpose, or portions of the redeemed stock of the United States, may, from time to Of apportioning this fund among the several States.-time, be set apart by the Commissioners of the Sinking Equality of rights and privileges, both as it regards citi-Fund, uncancelled, and bearing the former, or a new rate zens and States, is the fundamental principle of our Go- of interest to meet the object. The general investment vernment. Hence, the People, so far as the integrity and of the principal by the United States, and the division of independence of the States will permit, are equally repre- the interest in the manner proposed, seems to be the only sented in the popular branch of the National Legislature. way by which all the States and the People can now and Guided by this rule, the committee have no doubt that the hereafter be equally benefitted. The annual appropria apportionment should be made among the several States, tion should, and may, be so invested, as neither to affect, according to the representation of each in the House of for the worse, the commercial relations of the country, nor Representatives. This will distribute the fund, and dis- to create artificial distinctions, or moneyed aristocracies. pense the blessings resulting from it, upon the strictest It should and may be so invested and applied, as to satisfy principles of equality. The ordinary disbursement of the the moral and intellectual wants of all, while it will suppublic money does not directly benefit all alike. This ap- ply the pecuniary wants of none. Should the interest, by parently partial distribution of the money of the nation, any particular mode of investing the principal, become an depends upon the nature of the objects to which it is ap-annual charge upon the United States, still, as the whole plied. An army is stationed where its services are re-matter will, at all times, depend upon the wisdom and quired; a fortress erected where it is wanted; a navy con- pleasure of the States and the People, no man, we believe, structed where it can be done the safest and the best; and can reasonably doubt that they will release this charge the the money to pay for objects of this sort, necessarily goes instant its burthens exceed its benefits. Hence, the evik to those portions of the country only, in which the services of the measure, if there be any, will be rather negative and labor have been performed. These great objects, than positive, and always under the control of the People, which enter so largely into the defence of the nation, are who alone are to be benefitted or injured by it. Iccal in their character; and hence it is that some of the In further discussing this measure, some of its obvious States, and many portions of the country, receive no direct advantages must not be overlooked. It will give some benefit from the annual expenditure of millions of the aid to all, in the acquisition of learning. It will give effipublic money. But the proposed appropriation for the cient aid to the destitute, without which aid they must be support of common schools, is for an object general in its left uneducated and in ignorance. ` It will diffuse, in the nature and benefits. It is an appropriation, in which every quickest and cheapest way, the greatest amount of useft! American citizen has a deep interest, and, by the opera- knowledge among the People. It will tend, as much as any tion and influence of which, the ignorant and the wise, the thing else, to make young men and old, respectable, effirich and the poor, the Government and the governed, cient, good citizens. These considerations, it would seem, will receive direct and lasting benefits. The ignorant and cannot fail to awaken the attention of the State Legislathe poor will be aided and enlightened; the wise and the tures. They surely are not now to learn, for the first time, rich estimated and protected; and the Government appre- that the success of good government, the independence ciated and defended. Common schools are the nurseries of the States, and the permanency of their political instiof youth; they are the most universal, as they are the most tutions, are vitally connected with a well educated and effectual means of opening the mind; of giving reason the sound yeomanry. Besides, the fact of there being a permastery, and of fixing, in habits of sober industry, the ris-manent fund, the interest of which is to be applied to the ing generations of men. Can, then, a portion of the pro- glorious purpose of training up the young mind in the ceeds of the national domain, be expended in any way way of knowledge and morals, will in some degree at which will more directly or forcibly come home to the least, excite in these guardians of State rights a just emuwants and wishes, the business and bosoms of the People?lation in promoting, to every practicable end, the great The resolution before the committee does not indicate, cause of common education. in terms, whether the principal, annually apportioned, or It is a singular fact in the history of our species, that no the interest of the principal only, shall be paid over to the where has common education made any considerable proStates. Nor does it point out any mode, in case the in-gress among the People, without the efficient aid and H. of R.] School Fund for the several Staics. 19th CONGRESS, 1st SESSION. protection of the Government. There is, generally, a pre-feel them everywhere, in the rapid progress of education, vailing indifference among the illiterate, to the cultivation and in the improvement of mind and morals? If it be true, of the mind; were it not so, the poor man, though learn- as it unquestionably is, that the safety and success of our ed, can rarely instruct his children, because his time is political institutions depend absolutely upon the intellinecessarily occupied in earning their bread; and the ig-gence and virtue of the People; and, if it be true, also, norant man, though rich, cannot do it, because he is him- that the direct effect of the proposed fund will be to inself untaught. In other countries, multitudes of the hu-crease that intelligence and virtue, then it is equally true, man race successively live and die as illiterate as they that there can be no undue dependence of the People or were born; and, in our own favored land, with all the li-the States upon the Federal Government. As these beneberal patronage, private and public, which learning re-fits increase, so also will increase the ability and means of ceives, we are not wholly exempt from these lamentable detecting and resisting the encroachments of power. Alexamples. Under a Government like ours, there should though each part of our political system is dependent upno where be left masses of mind, illiterate and humbled, on the other, yet there is a wide difference between that over which, in an evil hour, some master spirit may exer-dependence which springs from mean or guilty motives, cise a fatal control. Ignorance is the bane of liberty. Or- and that which has for its end the union and strength, the dinarily, conspiracies and treasons are executed by the ig-happiness and glory of a generous People. And, whatnorant. These instruments of unholy ambition, however, ever other men may be disposed to do, that portion of the are not selected from schools where letters and morals are People to whom our Governments, whether Federal cr taught. Are not, then, the National and State Legislatures State, in prosperity or adversity, must look for protection under the strongest obligations to the People of this coun-and defence, if intelligent and virtuous, will never do slatry, to provide and apply the means whereby every child vish homage, or tamely surrender their liberties to any may have the opportunity, in these nurseries of the mind, earthly power. of acquiring some knowledge of letters, and of the various duties he owes to his country and his God? The proposed measure, the committee are also induced to believe, will have a most salutary effect in respect to It will moreover bind, by an additional and a stronger the public domain itself, and all the great interests contie, the People to the States, and the States to the Union. nected with it. There is much apathy in the public mind There is something in this tie of mind, affection, and in regard to the value and importance of these lands. blood. It attaches itself to every father of a family, and to Strong indications are manifested to reduce their price, children's children. It successively connects with the pre-and to bring the whole into market as speedily as practisent each succeeding generation. Common education can cable, and without any reference to the existing demand be estimated only in proportion as its necessities and ad- for them. Should this happen, the consequence will be vantages are felt; and as the same number of children, as to depreciate the fair average value of land, whether culthere are dollars annually distributed from this fund, may tivated or uncultivated, by putting more into the market receive, with proper management, about six months' com- than could be occupied perhaps in fifty or an hundred mon schooling, will not the People, witnessing these mor-years to come; to fling the best of them into the hands of al and intellectual improvements, look with intenser inte- moneyed men and speculators, by their cheapness and the rest to their respective State Legislatures as the immedi- prospect of gain; and to retard cultivation and population, ate dispensers of these benefits? And will not the Legis- by the high prices at which they would be held. The lature of each State, viewing the increase of common committee think the proposed measure will produce a schools, and the augmented amount of schooling, and per- counteracting interest, an interest which, while it guards ceiving their benign and salutary effects upon the mind, the public domain from sudden depreciation on the one morals, and habits, of the rising generation, look with in-hand, and from speculation on the other, will induce a creased steadiness to the Federal Head, whence these more rapid and a sounder population. blessings flow? Common schools, of themselves, will not There is another consideration connected with this submultiply, nor learning spread: means and opportunity ject which the committee cannot pass over in silence. must be afforded. By affording them, schools will multi- Our Government was the first successful effort among men ply, learning spread, and ignorance, idleness, and vice, to establish rational liberty. Our fathers instituted and segradually give way to intelligence, industry, and virtue. cured, upon the broadest principles of equality, represen Examples of these cheering results are not wanting. Let tation, trial by jury, freedom of speech, freedom of the any man compare the calendar of profligacy and crimes press, and religious toleration; and, to this hour, it stands among a given population where no schools have been a proud example to the world, unsurpassed, unequalled. kept, with that among an equal population where the The young and interesting Republics of Spanish America means of common education have been abundant, and the have, perhaps, come as near to it as the condition and hagreat difference in favor of the latter cannot fail to con- bits of their People would permit. Still there is this vince him of the necessity of these initiary institutions. marked difference: They retain in some degree the old The States and the People, perceiving these results, and connection of Church and State. They have an establishlearning from experience, that the influence, respectabili-ed religion. Now, if any one proposition in politics or ty, and power, of a State are in proportion to the intel-morals be more susceptible of demonstration than another, ligence and soundness of its citizens, will cherish the Fe-it would seem to be this, that, where any religion is esta deral hand that aids them, and cling with stronger affec-blished by law, there neither the tongue nor the contion to the Governments of their choice. science can be free. As ours was the first, so it may be The committee are not unaware that there is, in this the last hope of civil liberty. No other considerable place pecuniary connection, a seeming tendency to produce an remains on the globe where a second effort can be made indue dependence of the States upon the Federal Go-under like auspices. Tae continents and the islands of the vernment. They are persuaded, however, that a little ex- sea are mostly inhabited by men, born under Governamination will dissipate this cause of alarm. The strength ments, and brought up under the influence of principles of the tie, and the degree of the dependence, it is fair to and habits, with few exceptions, utterly hostile to our nopresume, will always be in exact proportion to the actual tions of freedom. Since this is so, our obligations do not. benefits resulting from the proposed fund. If the fund be end with ourselves. We owe much to the great cause of not beneficial, it can have no influence, good or bad. Sup-liberty. This debt we can discharge the best and the most pose great benefits to flow from it, what are they? Shall we hereafter look for them in the increased ignorance and subdued spirits of our fellow citizens? or shall we find and honorably by securing well the foundation and superstruc ture of our own liberties; thus giving to the human family the influence of a perfect example of civil freedom: 19th CONGRESS, 1st SESSION. spare. Amendments to the Constitution. [Senate. The foundation of our political institutions, it is well known, That, in considering these various propositions, the rests in the will of the People, and the safety of the whole committee could not be insensible to an objection, often superstructure, its temple and altar, daily and hourly de-repeated, against the expediency of making any altera pend upon the discreet exercise of that will. How then is tions in the fundamental principles of our Government this will to be corrected, chastened, subdued By educa- Giving to this objection its due weight, and admitting the tion that education, the first rudiments of which can be impolicy of making sudden and hasty changes, the com acquired only in common schools. How are the millions mittee would yet deem it an unwise surrender of an unof American citizens to be enabled to compare their Go-doubted right, in the existing generation, to refuse to vernment and institutions with those of other countries? make any reform in the Federal Constitution, which fin to estimate the civil and political privileges and blessings and experience has proved to be necessary. Founded in they enjoy? and to decide, understandingly, whether they the rights of man, this right to improve our social condiought or ought not to protect and defend the Constitution has been acknowledged and guarantied in the Contions under which they live? By education. Has the Le-stitution itself; and that it was not intended to be a bar gislature of each State provided all the means that are ren privilege, nor its exercise construed into a mark of wanted to this end? Is there nothing more to be done? irreverence towards our ancestors, was sufficiently shown Are all sufficiently educated? There are some wealthy by the Constitution itself, in the double means which it men, and many a poor man, in our land, whose family and provided for effecting its own amendment. By these fireside have never yet been cheered by the light and be-means, the right of amendment is secured to the Congres nefits of common education. Is there then no necessity for and the States, conjointly, and to the States themselves the proposed measure Its advantages must be admitted. independent of Congress. This double capacity to reThat there are heads and hearts among us waiting for in-ceive amendment was considered by its ablest supporter, struction, cultivation, improvement, will not be denied. about the time of its adoption, as one of the best features And, that the means are still wanted, (through the ina- in the Constitution. The privilege secured to the States bility or indifference of individuals and of the States,) to to demand from Congress the convocation of a National accomplish this great purpose, cannot be doubted. Why Convention, and to originate and perfect amendments, inthen delay? We are at peace with the world. Our bur-dependent of the will of any branch of the Federal Gothens are light. We have money to meet all the engage-vernment, was particularly relied upon, and carefully ments and exigencies of the Government, and some to pointed out as the proper resort of the States, whenever Congress should neglect or refuse to propose the amendBut, if need be, push not so rapidly, nor so far, the ments which the People desired. A reference to the costly defences of the country. The tooth of time will proceedings of the ratifying conventions, will show the wear away the granite. Our strong fortresses and gallant stress which was laid by the friends of the Constitution, ships will decay. But the young mind and heart, expand-on this double capacity of that instrument, to receive ed, enlightened, and disciplined, in common schools, will amendment; and the further fact, that, but for the exist grow brighter and sounder by age. Besides, our reliance ence of this capacity, and a belief in the greater facility under God for protection is upon the arm of flesh. The of procuring subsequent than previous amendments, that impasable rampart to our liberties and institutions must Constitution which is now deemed by some too perfect to be compossed of intelligent heads and sound hearts. Our be touched, would never have obtained the ratification of panoply, in peace or war, must be the heaving bosoms a sufficient number of States to put it into operation. and vigorous arms of enlightened and virtuous freemen. Equally rejecting, on one hand, that attachment to old Shall we not then afford to all, especially to the ignorant, institutions which rejects every idea of improvement, and, the poor, the destitute, the means at our command, the on the other, that spirit of innovation which would leave only means, perhaps, by which they can ever acquire nothing stable in the Constitution, the committee have knowledge? Who are first to be benefitted ? The carefully considered the several propositions of amendchildren of farmers, mechanics, and manufacturers.ment referred to them by the order of the Senate, and, Where do we look, and where must we look, for the after comparing them with the existing provisions of the moral and physical power of the nation? To the agri- Constitution on the same points, they have come to the cultural and mechanic interests-to the handicraftsmen conclusion, that the plan of that instrument has failed in of the land. Unsoundness here will be fatal. It is rot- the execution, in that most difficult part of all elective tenness at the heart. Is knowledge power? Does our Governments-the choice of the Chief Magistrates; and power, do our liberties, do all we hold dear, depend upon that it is no less a right than a duty, in the existing genethe WILL of our fellow men, whether that will be left to ration, to provide another plan, more capable of a steady, the guidance of enlightened reason, or of untempered ig- equal, and uniform operation. Besides a went of uninorance? And shall we not provide the means we have at formity under the present plan, to such a degree as to exhand of teaching the ignorant and destitute to range them- hibit three different modes of election in operation at selves beneath the Eagle, and among the defenders of once, and a want of stability so great as to admit all these freedom? Or shall we neglect them altogether, and leave to be changed whenever the State Legislatures please, the them to be schooled and disciplined by the Catilines and committee would indicate two great leading features in Cæsars of the day! Believing, therefore, that a portion of which the intention of the Constitution has wholly failed the proceeds of the public lands may be spared; that the liffusion of common education among the People is demanded by the highest considerations of national glory and safety, and that Congress possesses both the power and the right to appropriate them for this purpose, the committee submit a bill. AMENDMENTS TO THE CONSTITUTION. the INSTITUTION of ELECTORS, and the ultimate election by STATES in the House of Representatives. Considering that the effects of these failures, the want of 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 believing that an amendment, which would combine the advantages of uniformity, stability, and equality, would be acceptable to the People, and favorable to the cause of E Report of the Select Committee, in the Senate, on the Reso-berty, the committee have resolved to propose: First. That a uniform mode of election, by districts, shall be established. Mr. BENTON, from the Select Committee, to which was Secondly. That the institution of clectors shall be aboreferred the several resolutions proposing Amendments to lished, and the President and Vice President hereafter the Constitution of the United States, reported, in part :elected by a direct vote of the People. Senate.] Amendments to the Constitution. Thirdly. That a second election, to be conducted in the same manner as the first, shall take place between the persons having the two highest numbers for the same office, when no one has received a majority of the whole number of votes first given. S19th CONGRESS, 1st SESSION. at the same time. It is, besides, the mode of election in which, either electors may be used, or a direct vote given by the People; while the general ticket and the legisla tive ballot necessarily exclude the direct vote, and require the agency of those intermediate electors which it is a part of the object of this report to prove to be both useless and dangerous to the rights of the People. The details of this plan of election are given at length, in the RESOLUTION herewith submitted; and in bringing forward a plan so essentially differing from that of the present Constitution, the committee believe it to be their duty to the Senate to submit, at the same time, a brief ex-direct one which the People now give in the election of position of the reasons which have influenced their deterinination. The first feature which presents itself in the committee's plan of election, is the uniformity of the system which is proposed to be substituted for the discordant and varying modes of election which now prevail in different States, and even in the same State at different times. To enumerate these various modes, is a task alike impracticable and unprofitable; for they change with a suddenness which defies classification. To point out the evils of such discordant and mutable practices, is unnecessary; for the whole continent has just seen and deprecated their pernicious effects. To argue in favor of some uniform mode of election, is deemed superfluous; for its necessity is universally admitted; the demand for uniformity is heard in all directions; and public expectation must suffer a deep disappointment, if earnest and persevering exertions are not made at the present session to accomplish an object of such pervading interest. The second leading feature in the committee's plan of amendment is the substitution of a direct vote, for the inPresident and Vice President. It is in this part of the Constitution, that the intention of this instrument has most completely failed. Every advantage expected to have been derived from the institution of electors has failed in practice, and a multitude of evils, not foreseen, have sprung up in place of the anticipated good. It was the intention of the Constitution that these electors should be an independent body of men, chosen by the People from among themselves, on account of their superior discernment, virtue, and information; and that this select body should be left to make the clection according to their own will, without the slightest control from the body of the People. That this intention has failed of its object in every election, is a fact of such universal notoriety, that no one can dispute it. That it ought to have failed, is equally incontestable; for such independence in the electors was wholly incompatible with the safety of the People. That it was, in fact, a chimerical and impracticable idea in any community, except among a People sunk in The plan of uniformity which has received the appro- that apathy which precedes the death of liberty, is a probation of the committec, is that of the district system. It position too clear to need illustration. The failure, then, is believed to be the plan which, in addition to perfect was, as it ought to have been, and was obliged to be, uniformity, will give to every State, and to the several complete, from the very first institution of electors. In sections of the State, and, as far as possible, to every indi- the first election held under the Constitution, the People vidual citizen of the whole Union, their legitimate share looked beyond these agents; fixed upon their own candiand due weight in the election of the chief officers of their dates for President and Vice President, and took pledges country. The formation of the districts, the qualifica- from the electoral candidates to obey their will. In every tions of the voters, and the manner of conducting the subsequent election the same thing has been done. Elecelections, being left to the State Legislatures, these im-tors, therefore, have not answered the design of their inportant powers are placed in the safe and unexceptionable stitution. They are not the independent body and supe hands which have a right to hold them. The time of rior characters which they were intended to be. They holding the elections, being necessary to the uniformity are not left to the exercise of their own judgment; on of the system, is fixed in the plan of amendment. The the contrary, they give their vote, or bind themselves to number of the districts is made to depend upon the same give it, according to the will of their constituents. They principle which now determines the number of electors; have degenerated into mere agents, in a case which reand, by assigning to each district one vote for President, quires no agency, and where the agent must be useless, if and one for Vice President, the relative weight of the he is faithful, and dangerous, if he is not. Instead of beStates in this important election remains precisely as fix-ing chosen for the noble qualities set forth in the "Fedeed in the present Constitution. The uniformity of this ralist," candidates for electors are now most usually selectsystem of election is perfect, and, therefore, one of the ed for their devotion to a party, their popular manners, main objects of amendment will be accomplished by its and a supposed talent at electioneering, which the framadoption. That it is the best system which can be adopters of the Constitution would have been ashamed to posed, is confidently believed. No other plan could be pro- sess. In the election by general ticket, the candidates posed but that of choosing electors by general ticket, or are presented to the People in masses equal to the whole legislative ballot, the first of which enables the majority number of votes which the State has a right to give. The to impress the minority into their service, puts it into the ticket bearing their names is composed by some unseen power of a few to govern the election, and enables the and irresponsible power, printed, and sent forth to the populous States to consolidate their vote, and to over- People to be voted for by many who know them not, but whelm the small ones; the second takes the election al- who are required to yield implicit confidence both in the most entirely out of the hands of the People, leaves it to a ticket itself, and the unseen body which prepared it. pre-existing body elected for a different purpose, and Discipline and management most usually ensures success enables the dominant party in the Legislature to bestow to this ticket; and thus a string of electors become pos the vote of the State according to their own sense of pub-sessed of the votes of a State, without being sufficiently lic duty or private interest. Both these systems are lia- known to most of the voters to merit their confidence in ble to the gravest objections, and are justly condemned the smallest particular; and often less known to them 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 system in some other State; while the district system, which the committee recommend, possesses not only the advantage of being in itself the best, but of being, also, the one which is now in force in a majority of the States, and the one which many others would gladly adopt, if all others could be made to do so Vor. II.-Q than the Presidential candidates themselves. When chosen by Legislative ballot, these titular electors are still further removed from all knowledge and control of the People, and act a part still more subdued to the purposes of a party. Even in the district mode of election, where electors are least dangerous, they are still sufficiently so, to merit rejection from a service which every individual veter is competent to perform in his own person. In the |