Debates in the Senate on the Twelfth Amendment, 1803

October 22, 1803

AMENDMENT TO THE CONSTITUTION.6 min read
1: Senate, October 22, 1803, ¶ 1 (Senate1803.Oct22.1)

The order of the day being called for on Mr. Clinton's moiionof yesterday,

2: Senate, October 22, 1803, ¶ 2 (Senate1803.Oct22.2)

Mr. Ci-iNTON said that, as the resolution was but now printed, and laid before the Senate, it might be proper to refer it to Monday for further consideration, but if it was requisite, by the rules of the Senate, that the resolution must have three separate readings, and on three different days, he should call for a second reading on Saturday, that it might be in readiness for a third reading on Monday, and be ultimately acted upon that day, as the Legislatures of Tennessee and Vermont were in session, and probably must be at the trouble of BB extra session to act upon the amendment, unless it could be sent to them before they wpa rated.

3: Senate, October 22, 1803, ¶ 3 (Senate1803.Oct22.3)

Mr. Brown, of Kentucky, the President pro tem. of the Senate, said (be written rule of the Senate determined that bills should have three readings, and on different days, without unanimous consent to the contrary; but the resolutions were not included ; and that he should be glad of the opinion of the Senate upon the subject,

4: Senate, October 22, 1803, ¶ 4 (Senate1803.Oct22.4)

Mr. Tracy of Connecticut said, that there was no written rule which would reach the case, but the Vice President, upon the ground that they came within the reason of the rule, had determined that all resolutions which required a joint vote of both Houses to give them efficacy, should take the same course as bills, and have three readings, and on different days, before a final vote; and as this resolution went to the alteration of the supreme law of the land, as the Constitution was declared to be, he thought it highly requisite to give (be deliberations all the solemnity Tniich was required in passing bills.

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5: Senate, October 22, 1803, ¶ 5 (Senate1803.Oct22.5)

Mr. Bhaolbt, of Vermont, then offered two amendments to the resolution'; one went to the form only, and the other makes a majority of TOtes of the electors requisite for a choice of Vice President, and in case such majority is not obtained, places the choice of Vice President in the Senate.

6: Senate, October 22, 1803, ¶ 6 (Senate1803.Oct22.6)

Mr. BcTLGR, of South Carolina, proposed an amendment by adding a new clause, in substance: "That at the next election of President, no per- ' BOO should be eligible who had served more than ' eight years, and, m all future elections, no person ' should be eligible more than four years in any ' period of eight years."

7: Senate, October 22, 1803, ¶ 7 (Senate1803.Oct22.7)

Mr. D&VTOH, of New Jersey, moved to refer the resolution, with all the amendments, to a select committee; he said that it was a subject far too important to be carried in this way. There has been no time to consider it. Something more was due in this instance, than, as it were, offering it one moment, and deciding upon it the next

8: Senate, October 22, 1803, ¶ 8 (Senate1803.Oct22.8)

Mr. HiLLHousE, of Connecticut, supported the motion for referring the question to a select committee. He was opposed to entering now upon the business. Why should this subject be hurried 7 Why not have taken it up last session f we might in that case have had time to consider it. He had not often known a resolution, of the nature of that before the House, disposed of otherwise, in the first instance, than being referred to a committee. He never knew it refused. In a great and free empire, like (be United States, this question is of the highest importance — no less than the choice of (he First Magistrate. It is laid upon the table today, and we are to determine upon it to-morrow. He hoped not ; and as he never knew it refused before, he hoped that it would not be adopted now. He wished it lo be referred toaselectcommi((ee; that it should iherebe examined, line by line, letter by letter. In the present mode of doing business, it is impossible to act with accuracy. He again trusted and hoped that it would be referred to a Mr. Jackson, of Georgia, wished the business I be immediately proceeded upon. He was an admirer ' ' ' Mr. Jefferson ; he was happy, and he were happy, while he was President. But, continued Mr. J., we know not who may follow him ; we may have a Bonaparte, or one who will be equally obnoxious to the people. He hoped the motions would be incorporated and immediately come before th,e House.

9: Senate, October 22, 1803, ¶ 9 (Senate1803.Oct22.9)

Mr. Wrioht, of Maryland, spoke for some time against the resolution going to a committee. He was against the amendment proposed by Mr. Butler. A committee might report when they pleased. He therefore thought it necessary to proceed with the question immediately.

10: Senate, October 22, 1803, ¶ 10 (Senate1803.Oct22.10)

Mr. Smith, of Maryland, wished to have some principles fixed. If the motion and amendments were to go a committee, he would not tack them together, for by ibis mode they might both be lost. It has been said that the subject might have been entered into last session. There was then a multiplicity of business of importance before the House; yet this subject might have been entered into. As it stands, this is the proper place to make objections. The mover of the resolution does not say that it shall be determined on Monday; he means that it shall then be before the whole Mr. BaTi.Ea observed, in favor of its going to a committee, in order to prevent delay, he would require that they should report on Monday, for, on such an emergency, they might sit on Sunday. This might be adopted, provided it could be got to a committee. He did not think that the House should legislate upon adventitious or extraneous matter, because the Legislature of Vermont ot Tennessee, or any other State, were sitting. We are not; for such reasons, to be hurried.

11: Senate, October 22, 1803, ¶ 11 (Senate1803.Oct22.11)

Mr. Clintoh said, he would consent to waive his motion, if the gentleman who moved last would consent that the whole should be entered into on Monday. We are charged, continued Mr. C, with hurrying on this business, but he was not to be intimidated from doing his duty. What was the use of a select committee? He hoped that the resolution and amendments might be printed, and made the order of the day for Monday.

12: Senate, October 22, 1803, ¶ 12 (Senate1803.Oct22.12)

Mr. Butler.— I penned my amendment since I came into the House. I believe the country is as ripe for it, as for the resolution, and the other amendments. I believe this business is hurried more than it ought to be. 1( the gentleman who first moved, will take up his motion, I think ilial he will be the first, on Monday, to condemn this Mr. HiLLBODSB again spoke in fa*orof a i mittee. He observed that, in case a President should die the day after his election, who then is to supply his place? A man chosen by ibe electors'! No ; a man named by the Senate. A man may thus be chosen contrary to the wish of the people. Once it was in contemplation id have no Vice President, but again it was thought that either would make a good President and he did not see any great use in the office of Vice PrealdenL If we are to constitute a Vice President to execute the office of President in case of his death, which will be the case, and if ibe Senate can elect a President, in such case it may fall upon a man who had only twowote?,and the man who had a greater number would be Vice President. We must not pass over, concluded Mr. H., a subject of such importance in this way.

13: Senate, October 22, 1803, ¶ 13 (Senate1803.Oct22.13)

After some desultory observations, in which one member observed that he thought it disorderly, the question on Mr. Bdtleb's amendmentwas put — ayes 16, nays 15.

14: Senate, October 22, 1803, ¶ 14 (Senate1803.Oct22.14)

A committee was then chosen for the purpose, namely :

15: Senate, October 22, 1803, ¶ 15 (Senate1803.Oct22.15)

Mr. Butler, Mr. Bradley, Mr. Clinton, Mr. NicHOi^a, and Mr. Smith.

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