October 24, 1803

The House resolved itself into a Committee of the Whole on the report of a select committee on propositions of amendment to the Constitution.

The report was read, as follows:

Baohid, by Ihe Senate and House of Representatives of the Imiled Slaia of America in Congress tulembttd, two-thirds of both Hoxua coiiairriitg. That the following article be proposed to the Legislatures of the different States as an amendment to the Constitution of the United States, which, when ratified by threefourths of the said Legislatures, shall be valid to all intents and purposes as a partof the said Constitution, " In all future elections of President and Vice Prea* dent, the Electors shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, of whom one at least shall not be an inhabitantof the same State with themselves. The person having a majority of all the Electors for President shall be the President ; and if there shall be no such majority, the President shall be chosen from the highest numbers, not exceeding three, on the list for President, by the House of Representatives, in the manner directed by the Constitution. The person having the greatest number of votes as Vice President shall be the Vice President, and in case of an equal number of votes for two or more persons for Vice Pre»- idenl, they being the highest on the list, the Senate shall choose the Vice President from those having such equal number, in the manner directed by the ConstituMr. Dawson observed, that at the time of the adoption of the Constitution, that part of it which related to the election of a President and Vice President had been objected to; and evils likely to occur had been foreseen by some gentlemen at that day. Experience had shown that they were not mistaken. Every gentleman in that House knew the situation in which the country had been E placed by the controverted election of a Chief Magistrate it was one which he trusted never would return. It had been a subject much reflected on by the people, and by the Slate Legislatures, several of which had declared their approbation of the principle contained in the resolution reported by the committee. This House had two years since ratified a similar amendment by a Constitutional majority of two-thirds. At that time no objections were made to the principle of the amendment. All the objection then made was on account of the lateness of the day and thinness of the House. Mr. D. considered it aa.- unnecessary to make any further remarks at that time, as he could not anticipate any objections that might be urged. He moved that the Committee should rise and report the resolution without amendment.

Mr. J. Clay, though in favor of the principle of the amendment, was of opinion that, as to some of its parts, it required alteration. He therefore moved

" But if no person have such majority, then the House of Representatives shall immediately proceed to choose by ballot from the two persons having the greatest number of votes, one of them for President ; or if there be three or more persons having so equal number of votes, then the House of Re presents tivea ihBU in like manner, from the pereana having such equality of vote*, choose the Preatjcnt; or if there be one person having a greater number of voles— not being a majority of the whole number of Electors appointed — than any other person, and two or more persons who have an equal number of votes one with the other, then the House of Representatives shall in like manner, from among inch persoiu having the greater number of votes and such other persons having an equality of votes, choose the President."

Mr. Van Cobtlandt thought the amendment liable loobjeciioa.

Mr. O. W. Campbell was in favor of the principle contained in the am end roe a I. He considered to be the duty of this House, in introducing an amendment to the Const iiuti on on this point, to secure to the people the benefits of choosing the President, so as to prevent a contravention of their Till Bs expressed oy Electors chosen by then; resorting- to Legislative interposition only in extraordinary cases: and when this should be rendered necessary, so guarding the exercise of Legialatire power, that those only should be capable of Legislative election who possessed a strong evidence of enjoying the confidence of the people. This was the true spirit aod principle of the Constitution, whose object was, through the several organs of the Government, faithfully to express the public opinion. For this reason he was in favor of the proposed amendmeat. By it we shall make a less innovation on the spirit ofthe Constitution than by rejecting it, ancl adopting the report of the select committee. There were obTlous reasons why the persons from whom a choice may be made should be fewer in case of a designation of the office than heretofore. At present the whole number of electoral votes is one hundred and seventy-six. As the Constitution now stands, four candidates might have an equal number of votes, or three might have a majority, viz: one hundred and seventeen each. According to the proposed amendment, but one can have R majority, and if two persons should be equal and Highest, it is not probable that the third candidate will have many votes.

Mr. GxtewoLo said it was very difficult to ascertain the precise import of the amendment offered by the gentleman from Pennsylvania by barely hearing it read from the Chair. In the meaning therefore which he gave it, he might perhaps be mistaken. If not mistaken, it involved a principle and implied a change, which he had never before heard suggested on that floor, or in the part of the country from which he came. It is well known to every member, that under the Const iiuiiou as it at present stands, the votes given for a President in this House are by States, and not according to the majority of (be members of the whole body. The amendment, as reported by the select committee, preserves this original feature of (be Constitution by prescribing that the election shall be proceeded with as pointed out by the Constitution. But the present amendment varies this mode, according to which it is to be made without respect to States. Of course a majority of the members are to decide. He submit' led it to gentlemen whether they were willing in this way to sacrifice the interests and rights of the smaller Slates, if this be the intention of gentlemen, we ought to have time to deliberate on the subject before it is pressed to a decision. The gentleman from Pennsylvania will explain whether this is his intention.

Mr. J. Clav begged leave explicitly to state, for the satisfaction of the gentleman from Connecticut, that it was not his intention to change that part of the Constitution which prescribed that the votes should be by Stales; and if it would induce the gentleman to vote for the resolution ha had moved, he would add the words of the Constitution, ■• But in choosing the President the votes shall be taken by States, the representation from each BtaU having one vote ; a quorum for this purpose shall consist of ' ' if a member or members from two-thirds of the la. and a majority of all the States shall be nocBi These words were accordingly added.

Mr. Dawson observed that this proposition had been submitted to the select committee, who had considered it more objectionable than that reported. Their object was to innovate as little as possible on the Constitution. A great part of it referred to cases so extremely remote as were not likely to happen. The only material change it made was to reduce the number of persons from whom a choice should be made from three to two. At present the election for a President and Vice President was made from the five highest on the list. *As, according to the proposed amendment, a designation of the persons voted for as President and Vice President was to be made, it was considered that by giving the three highest to the House of Representatives, from which to choose a President, and the two highest to the Senate, from which to choose a Vice President, the spirit of the Constitution would not he changed. Ha hoped therefore the report of the committee would be agreed to. He believed it comprehended all cases which were probable; and he further believed that if they spent a month they would not devise an amendment that would provide for all possible cases that may happen.

Mr. Clopton said he rose to express his appro* balion of the amendment offered by the gentleman from Pennsylvania (Mr. Clav.) He said that indeed the amendment could not but be acceptable to him, inasmuch as it corresponded with the ideas he had the honor to express to the Committee on this subject the other day. He begged leave now to make a few remarks in addition to those which he had then stated. He said, if anything is (0 be lamented as a defect in the fundamental principles of our Government, that defect perhaps consists in a departure from the plain and simple modes of immediate election by the people as to some of the branches of the Government. He did not mean however now to discuss, nor did he know ihit lie ever should discuss, this Eoini. The Constitution of the United Stales ivJDg established a different principle in respect to the election of the several departments of the Government, except that branch of the Legislature which this House composes ; and the object of the proposed amendment to the Constitution not being the transmutation of a fundamental Erinciplf, but merely an alteration in the mode eretofore directed of electing one branch of the Government according to the principle already established, his business and his object was to Mate to this Committee those ideaswhich occurred to him on this occasion as suited to the subject as it now stands before the Committee.

When the framers of this Constitution, said Mr. C, submitted it to the consideration of the people of the several States, drawn as it is, directing the election of President and Vice President to be made through the medium of Electors cho- ■en by the people for that purpose, never could it have been their intention in submitting, or the intention of the people In accepting the Constitution, to admit a principle that any eventual Legislative election would be proper, if the object of it did not bear the stamp of public confidence. They never could have abandoned that great political consideration that the people, as the primary source of all power, should first give to those particular citizens, among whom such Legislative choice might be made, the evidence of a very considerableshareof iheitconfidence. The Electors are the organs, who, acting from a certain and unquestioned knowledge of the choice of the people, by whom they themselves were appointed, and under immediate responsibility to them, select and announce those particular citizens, and affix to them by their votes an evidence of the degree of public confidence which is bestowed upon them. The adoption of this medium. through which the election should be made, in preference to the mode of immediate election by the people, was noabandonment of the great principle, that the appointment of the constituted authorities ought to be conformable to the public will. It was no abandonment of that principle in respect to the President and Vice President. The adoption of this medium in the first resort, and the adoption of this alternative of a Legislative election in the last resort, were not intended as disparagements to the energy of that principlewere not intended to operate any diminution of its force. The spirit, the genius of the Government, is the same. The same principle was intended to influence its operations ; the same principle was intended to influence its elections, although in a different form and after a different manner. It is a great characteristic feature of the Government. It is a primary, essential, and distinguishing attribute of the Government, that the will of the people should be done ; and that the elections should be according to the will of die people.

Mr, C. said that most seriously considering the principles of the Government in such a point of view as he had the honor to state to the Committee, he was irresistibly impressed with the opinion that a Legislative election of President or Vice President, whenever resorted to, should be restrained to the smallest number above an unit, or to those persons who have equal electoral votes. He considered it as a position clearly and unquestionably true, that if the field of election, wbea not decided by the voice of the people themselves, should be left too wide, more chances will there always be for the introduction of abuses in det&- mining on a choice, if those whose province it shall be to decide, should be actuated by a spirit adverse to the public sentiment. Results angrat^ ful to the public feeling might indeed become sources of discontent truly to be lamented. The demon of discord might be called forth, and stalking over our land, might unfortunately produce a state of things very different from that peaceful, tranquil state, which would follow a decision more conformable to the will of the people. Such a decision he believed would be insured were the election to be confined to those two persons only who had received the most ample testimony of the public confidence, or to those who had been stamped with equal testimonials of thatconfidence. For the reasons. Mr. C. said, which he had stated, he was in favor of the amendment as proposed by the gentleman from Pennsylvania. He had, indeed, he said, prepared an amendment to the same effect, but was anticipated by that gentleman. He said, if it were in order, he would offer it as a substitute for that amendment Hfe then read it in his place, as follows :

" The Electors shall make two lists, one of which shall contain the names of all Ibe persons voted for ■• President, and the number of votes fpym to each person respectively ; the other list shall contain the names of all the persons voted for as Vice President, and the number of votes given to each person respectively ; which two lists they shall sign and certify, and transmit sealed to the Mat of Government of the United 8utc(, directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the cei^ tificales, and the votes shall then be counted. The person having the greatest number of votes on the list containing the votes for President shall be the President ifauch number be a majority of the whole number at Electors appointed. If on the list containing the votes till President no person have a majority of the whole number of the Electors appointed, then from the two highest on that list the House of Sepresentativea ahetl immediately choose, by ballot, one of them for President, unless more than two persons have an equal number of votes, and that number shall be the highest on the list; in such a case the said House shall, in like manner, choose one of those persons Ibr President; but, if one person only have the highest number on the list, and that number be not a majority of the whole number of Electors appointed, and if two or more other persons have an equal number of votes, if that number be the next highest, then from the person having the highest number and the persons having equal votes, the said House of Representatives ilwll, in like manner, chooae one for President."

Mr. C. said, he was not tenacious of his own composition, but he believed what he had prepared went somewhat further than ibe amendment proposed by the gentleman from Pennsylvania, and provided more explicitly as to the mode of proceeding of the Electors in jDakiof; lists of their TOiea. Oa a subject of such immense importaDce^as the present, a subject which might involve the liberty and happiness of millions yet unborn, it was necessary that the expressions should be as clear and as definite as possible, that there ought to be no ambiguity, no expressions which might admit of misconstructions; that he had endeavored 10 to draw that which he had read to the Committee, in which he had thought it safer to repeat phrases than refer to them by relative expressions. He hoped that the decision would be conformable to the ideas contained in the proposed amendment.

TheSPKAKESsaidil wasnot in ordertoreceire iheamendtneDt of the gentleman from Virginia, unless that of the gentleman from Pennsylvania was previously withdrawn.

Mr. GaBoo. — It was impossible fully toeoasptebeod ibe two propositions offered, barely by hearing them read. Amendments to the Conatituiion were of great importance. He felt at a loss how to act in ibe present instance, not clearly ander- standing the resolutions proposed. He was in favor of the principle they contained, and had always been so. He had been in Congress in the year 17'96 when the first proposition to thu effect was made by a gentleman from New Hampshire. The inconveniences attending the last election had strengthened his conviction of the propriety of an amendment similar in substance to that offered. He viewed, therefore, with pleasure the attention now paid to the subject by the House, Ud hoped an amendment would take place at the present time. The more simple that amendment was, the more likely it would be to be approved by the States. In order ultimately to simplify it, •o as to render it the least objectionable to tbe fitBies, he wished every member, who had formed in his mind an eligible proposition, weald now bring ii forward, that tbe whole might be printed. Mr. J. Clay said, as there existed considerable difference of opinion, he would withdraw his motion, in order to move that the Committee should rise, when he would move arecommitmenloftbe report of the select committee.

Mr. NicBOuaon said that, before the question was taken on the rising of the Committee, he would offer an amendment to the resolution reported by Ibe select committee. It was his opinion that the question of principle should be settled in the House; if not so settled, it would be impossible for the report of any select committee to meet the approbation of the House. In the select committee a variety of propositions had been offered ; the Committee reported one, to which they had agreed ; there were still endless amendments offered, which he was convioeed would continue lo be offered until some principle was fixed by the House. In making an amendment to tbe Constitution on this point, they ought to guard against all possible difficulties. The amendment of the fcoir Peaiujrliaiua goes to guard against those difficulties. But cases may arise in which the amendment of the select committee will not be adequate. It says the election shall be made from the three highest persons voted for, but there may be cases where there are no three highest, where four, ten, or twenty of the persons voted for shall be equal in number of votes. This case is not embraced in the resolution. For this reason, Mr. N. said he should have been pleased in having the question taken on the amendment of the gentleman from Pennsylvania. But as that amendment had been withdrawn, he would move another, that the principle might be settled. He said he could conceive of no objection to giving the House of Represen tat ires the right of making a choice of President from all those voted for by the Electors. The case, stated some days since by the gentleman from Virginia, (Mr. Cloptoh,) of one candidate having 87 votes,a second candidate having 86 votes, and three others having oaa vote, was extreme*; and, if it should occur, he could see no inconvenience likely to result from the House of Representatives enjoying the right of making a choice from the whole five. It would be remembered that the House were chosen by the people, and would, in the selection they made, express the public will, as well as the Electors themselves. The feelings of the one would in unison with those of the other ; nor could he that a House of Representatives would T exist that would dare to choose a person harone vote. None would be found hardy enongh violate the public sentiment. He therefore moved to strike out from the report of the Cour mitlee all that part of it which confined the choice to the three highest. If the majority of the Committee should not coincide with him in opinion, he should wish the gentleman from Pennsylvania to renew bis proposition, And, if the Committee - - - urred in neither, he should wish some other bring forward another principle. difficulties by the reports of select committees. Mr. N. then moved to strike out these words:

" And if there shall be no Mteh nnjcmty Ibe Piaafrd«Dt shall be chosen bota the highest nomtnn, not eir ceeding three, on the list for President by the House of And insert in lieu thereof tbe following words; " And if no such peiMii have a tmMntj, then tba ODH of BepieMDtativea dull immediately cbMMs a President itoia among those peiaoaa who have not been voted for u President."

said that when the gentleman from Maryland moved the appointment of a select committee, he had voted against it, and for the

'jr reason now assigned by him. As to the pro-

Etioos at present offered, they had been seTV rally reflected upon by the select committee ; and, if referred to that committee, the House ongbl,iB the first instance, to decide the principle. As to the amendment offered by the gentleman from Maryland, be conceived it scarcely necessary to make a single remark upon it, as the House was disposed to reduce rather than lo extend the number of persons from whom a choice should be made. If adopted, it will give the House of Representatives 0 right to vote for 176 persons, as no candidate might have more than one Tole.

Mr. Nicholson believed the proposition of the select committee would reduce them to the same situation as if of the 176 votes given, one was S'ven to each candidate, no one would be higher an another. The proper reply to this remark was, that it was an extreme case, not likely to happen. Mr. N. said, he was not so anxious that his amendment should succeed, as that the principle ■hould be fixed, in that House, some way or other,

Mr. GoDDitRD said, though he would not pledge himself to vote for the proposed amendment to the Constitution, in any shape whatever, yet he was in favor of the amendment offered by the gentlemanfrom Maryland. He thought with him that there would be no great danger from the latitude allowed the House of Representatives, as they \ were chosen by the people as well as the Electors; ] nor could he perceive why they were more to be distrusted than the Electors. But the principal reason that operated with him in favor of the amendment was, that it extended the right of suffrage in the House of Represents tires. It is well known that our system is that of a Confederation. There appeared to him no danger of 176 persons being voted for ; the nature of the Government was such that but few persons would be voted for. But, if no choice is made by the Electors, he wished the right of the House of Representatives to be extended (or this reason, because it will increase the power of the small Stales. As heconceived, the original proposition went effectually to impair therighisof the small States; and, indeed, any amendment would have that effect; but the amendment of the gentleman from Maryland having this effect as little as possible, he should vote for it.

Mr. SxtLiEWOuld wish one principle altered in the report of the select committee, viz: that which confined the election of the President to the three highest persons voted for. It was impossible for human wisdom to provide for all cases that might occur. Their time was not well spent in providing for cases extremely remote. He had but one object in view, the designation of office ; and the more simple the proposition, the more likely they were to obtain this object. It should be recollected that the Constitution was the act of the people, and ought not to be altered till inconveniences actually arise under ii. Hebelieved, though particular parts might be defective in theory, they ought not to be changed till practical inconveniences had been experienced. No such inconvenience had yet been felt from choosing the President from the five highest on the list. Is it, then, prudent to embarrass (he great principle, in which they generally concurred, ■with incidental propositions, when there was iiO necessity for them This amendment was to obtain the assent of thirteen Legislative bodies before it would be binding. The simpler, then, the proposition, the more likely it was to succeed. His idea, therewas 10 leave the Constitution as it now stood, so far as il related to a choice being made from the five highest, and only so far to change il as related to a designation of the office.

Mr. SAMPoansaid thegreat object of the amendment ought to be to prevent persons voted for as- Vice President from becoming President. If the amendment effected this, it was sufficient. All other innovation upon the Constitution was improper; and no danger could arise from extending the right of the House of Representatives lo making a choice from the five highest.

Mr, RonnET said that in the select committee he had been in favor of the number stated in the Constitution. He was not for innovating on the Constitution one tittle more than was absolutely necessary. As to the mere designation of office, the people looked for and expected it ; and if that were obtained, they would be satisfied. He well knew that if amendments to this simple proposition were multiplied, objections to the whole would also be increased. Having been originally in favor of five, and thinking the inconveniences apprehended by some gentlemen not likely to occur, he should vole in favor of the amendment of the gentleman from Maryland, principally for the reason assigned by the gentleman from Connecticut, that it would allow to the smaller States a larger scope of choice.

- Mr. Elliot hoped the amendment of the gentleman from Maryland would nut prevail; and coming, as he did himself, from a small Slate, he trusted the House would pardon him for assigning his reasons for that hope. He felt as much confidence in the House of Representatives as the gentleman from Connecticut; but he was of opio^ ion that their discretion ought to be limited. The amendmentwill give the House of Representatives the unqualified power of electing from the whole number on the list of persons voted for' as President, and on that ground he opposed it. It was said 10 be a question of larger and smaller States, and those who represent the smaller States were called upon to check the usurpation of the larger Slates. Our system was undoubtedly federative, and there might be danger of an usurpation of the large States if the small ones were not protected by the Constitution. His wish was that they might be so guarded. But he still thought the discretion of the House of Representatives ought to be limited. When this subject was first discussed, an observation of a gentleman from Virginia (Mr. Clopton) had struck him with forceThat gentleman had correctly stated that, according to the proposition then before (be House, one candidate might have eighty-seven voles, another eighty-six, and three have one vote each, and a choice be made from among the candidates having but one vote. Should the amendment of the gentleman from Maryland obtain, the same right would exist in the House of Representatives, But the gentlemen asks if any House of Representatives will dare to elect a person having but one vote. He hoped they always would dare todo their duty, and it would then be their Constitutional right. But Mr. E. thought they ought not lo possess this discretion. Gentlemen further say the great object is a designation of the office. It is so. It was his sincere wish that the simple object should be obtained- But he believed there would be no danger in adding to the proposition ■n amendment restrictine the number from which tlte choice should be made.

Mr. Q. W. Campbell said he, too, represented a small State, and was anxious to preserve the lights of the small States. But in a great Coustt- ' tutiooai question, while these rights were not lost sight of, principle ought also to be regarded. This he concei?ed to be nis duty, whatever effect it might have upon the State he represented. For this reason he considered it proper to express his opinions on the present occasion. It was a vital principle to preserve the Constitution as pure as possible. This rendered it necessary to show that the proposition of the gentleman from Pennsylvania (Mr. Clay) came nearer to the principle of the Constitution than that offered by the gentleman from Maryland. He had already observed that, there being at present no designation, four was the smallest possible number from which a choice could be made: to this number but one was added, making, altogether, five. In future elections there will be one hundred and seventy-six Electors, and if there be a designation of office, but one person can have a majority. To confine the choice to two persons will, therefore, in principle, approach as near as possible to the original principle of the Constitution.

Mr. C. was in favor of preserving that part of the Constitution which directed the election to be made by States, wishing as little innovation as possible on the principles of the Constitution. He did not, however, conceive a mere change of words dangerous, but the establishment of a principle that deprived the people of the power of electing those who possessed itie largest share of their confidence. He was decidedly in favor of whatever had this effect, as according with the true spirit of the Constitution; and he was, therefore, opposed to the amendment of the gentleman from Maryland. His own opinion, too, was that it was best to express in one article whatever related to the election of President and Vice President, than refer to the Constitution ; by wblcb the provisions on that subject would be rendered much clearer. The question was then taken on Mr. NiCBOi.- SOm's amendment, and lost — ayes 29, noes 77.

Mr. SutLiE, in order to try the principle, would move to strike out '■three," and insert "five."

Mr. FiNDUEV seconded the motion.

Mr. Dawson would only repeat a remark which he had already made. The select committee, in proposing three as the number from which an election should be made, did not consider themselves as departing in the least from the spirit of the Constitution; as, when both President and Vice President were voted for without discrimination, the choice was made from five.

Mr. Shilig observed he did not know that there would be any danger in this innovation; but it was his wish not to alter the Constitution, except in cases of necessity.

Mr. GoDDARD said that he was in favor of that amendment for the same reason that he had been in favor of that proposed by ibe gentleman from Maryland. The gentleman from Tennessee (Mr. Campbell) has told us that it is our duty to act, not from motives of interest, but duty. Mr. G. considered it as his duty so lo act as to protect the interests of his constituents, and of the State which he had the honor to represeut. The gentleman further observes that in limiting the number from which a choice may be made, we shall insure a nearer approach to the will of the people. Now what is that will, but the will of the large States of Virginia, New York, and Pennsylvania 7 He apprehended that there might be cases where the interests of the smaller States might be materially affected. The larger States will generally have first nomination of the persons voted for as President and Vice President. If we dislike all the candidates, neither of whom shall have a majority of all the electoral votes, we may select rom among them the one that best pleases us. He considered the Constitution so framed as to guard all the States. And if gentlemen are so tenacious of its vital principle, let them suffer it to remain as it k. Hot if there is a determination to alter it, which he feared was the case, he hoped no greater alteration would be made than was necessary to secure the end which gentlemen professed to have in view. The greater the number of candidates, the greater, in his opinion, would be the influence of ibe smaller Slates. Nor could there be any danger from reposing a discretion in the House of Representatives, as they were elected by the people as well as the Electors ; and when it was known by the people that on them devolved the eventual election, they would be chosen in reference to the discharge of this duty, as well as the other duties constitutionally imposed upon them.

Mr. Alston was opposed to the amendment offered by the gentleman from Pennsylvania (Mr. Smilie) to the amendment of the select committee, because in his opinion it would have a tendency to bring the election of a President of the United States more frequently into the House of Hepresenta lives, than otherwise it would be brought; he was as much disposed to guard against the influence of the large States as any member upon that-floor.

The gentleman from Connecticut last up (Mr. GoDDARD)wasin favor ofthe amendment, because he thought it calculated to lessen the influence of larger Slates. For his part, Mr. A. thought very differently from that gentleman ; he believed that, provided the amendment should be acceded to, it would be an inducement to any one of ibe large Slates to prevent an election of President by the Electors of the several States, that if the votes of a large State should be withheld from any ofthe candidates proposed as President, it would prevent such candidate from obtaining a majority of all the votes of the Electors. What their Mr. "' A. * asked, would be : be be the the consequg conseqiMpce 1 The choice be made by that House, which circumstance he never wished to witness again; ; this he conceived lo be an important point to guard against as much as possible.

He believed the fewer the number of the candidates or persons voted for, that the choice of President was confined to, the less chance there would be for that House to be called upon to make it. Should they adopt the amendment proposed, a strong inducement would be held out to any one of the large States, which might be displeased with the candidate proposed as President, to withhold the vote of their Slate, by which a majority of the votes of all the Electors would not be given to any one candidate, because the whole vote of a large State given to their favorite would be certain to bring him within the five highest upon the list ; but, on the contrary, should they confine the choice to be made out of the two highest upon the list, agreeably to the proposition of another gentleman from Pennsylvania. (Mr. Clat.) which had been withdrawn, many still would be more likely to promote the election of one of the candidates most likely to get the largest number of votes. He was therefore much better 5 leased with the motion which had been withdrawn. He should therefore give his vote against the present proposition, and should it be rejected, he would himself renew the proposition made by the gentleman from Pennsylvania on the other aide of the House, (Mr. Clay,) should it not be renewed by the gentleman himself.

Mr. RAHnoLPB said he came to the House under the impression that another subject would have occupied their attention on account of its primary importance, not meaning, however, to disparage the importance of an amendment to the Constitution. But on a subject which xnusi be discussed in a few days, if at all, it was improper that time should be lost. The proposed amendment to the Constitution was not, he believed, so extremely pressing as to require immediate attention. The subject to which Mr. R. had expected the attention of the House, would have been first directed was the Treaty with France. Hoping that the Committee would have decided on the amendment at an early hour, he had refrained from any motion. But perceiving that a decision was not likely soon to be made, he would move that the Committee should rise, for the purpose of taking Up the treaty respecting Louisiana. Mr. Dawson opposed the rising of the Committee. The question was taken on Mr. Rahoolph's motion, and carried — yeas 60, nays55. When the Committee rose.

And on motion, the House adjourBcd.