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houses, and not to prescribe the manner of choosing their members The phraseology must be received as it was universally understood when the constitution was formed. The people of the states then elected, as now, the most numerous branch of their legislatures; and it was therefore obvious, that, when the constitution, after saying, as above, that the representatives shall be elected "by the people of the several states," immediately adds, "and the electors in each state shall have the qualifications requisite for electing the most numerous branch of the state legislature," the object was, as already stated, to determine who should constitute the body of electors; in other words, what should be the qualifications of the electors of representatives.

The minority differed also in their construction of the clause of the 4th section, which says: "The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the congress may, at any time, by law, make or alter such regulations, except as to the place of choosing senators." If this does not confer the power to determine whether members of the house shall be elected by districts or by general ticket, then the state legislatures have no jurisdiction over that part of the matter; and they have, from the origin of the government, usurped power in establishing the one mode or the other, at their pleasure. The report maintained that this power was vested both in the state legislatures and in congress. Mr. Madison, in the convention, when this clause was under consideration, said: "This view of the question seems to decide that the legislatures of the states ought not to have the uncontrolled right of regulating the times, places, and manner of holding elections. These are words of great latitude. It is impossible to foresee all the abuse that may be made of the discretionary power. Whether the elections should be by ballot, or viva voce; whether the electors should assemble at this place or at that place; should be divided into districts or all meet at one place; should all vote for all the representatives, or all in a district vote for a member allotted to that district; these and many other points would depend upon the legislatures, and might materially affect the appointments." "It seemed to be as improper in principle, . . . . . to give to the state legislatures this great authority over the elections of the people in the general legislature, as it would be to give to the latter a like power over the election of their representatives in the state legislatures."

Mr. Hamilton, in the Federalist, says: "They have submitted the regulations of elections of the federal government, in the first instance, to the local administrations; which, in ordinary cases, and where no improper views prevail, may be both more convenient and more satisfactory. But they have reserved to the national authority a right to interpose, whenever extraordinary circumstances might render that interposition necessary to its safety. But there remains a posi

tive advantage which will accrue to this disposition; . . . . . I allude to the circumstance of uniformity in the time of elections for the federal house of representatives." And in the New York convention which adopted the constitution, he said: "The natural and proper mode of holding elections will be to divide the states into districts in proportion

to the number to be elected."

The propriety of the single district system was argued from the fact, that, by general ticket, six of the largest states could, by a bare majority of their votes, forming about one-fourth of the freemen of the United States, elect 119 members, and thus control the popular branch of the government.

The minority continue their argument at length, and conclude with a resolution, that the sitting members of the four states, “vot having been elected in pursuance of the constitution and law, their seats, severally, are declared vacant."

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NOTE to Page 152. After the death of Alexander Hamilton,

there was found among his papers a manuscript copy of Washington's Farewell Address; information of which was communicated by Richard Peters to John Jay, in a letter of the 14th of February, 1811. The letter stated also that a certain gentleman bad also a copy of it, in the same hand writing. From these facts it was presumed, that Gen. Hamilton was the real, and Gen. Washington only the reputed author of this address which had contributed so much to exalt bis character and endear his name to the American people.

The answer of Judge Jay to this letter disclosed an interesting cir. cumstance connected with the preparation of the address, which, but for Mr. Jay, would probably never have been made public: and that

monument of human excellence," as he appropriately terms it, might have carried with it doubts as to its real authorship through all future time. The whole letter of Mr. Jay would be read with interest. He bears testimony, from personal knowledge, not only to the moral worth, but to the “political talents and wisdom ” of Washington, and to his ample ability to write such an address. He then gives what might be reasonably supposed to be evidence of its having been written by him; and concludes his letter as follows:

“They who knew president Washington and his various endowments, qualifications, and virtues, know that, (aggregately considered,) they formed a tout ensemble which has rarely been equaled, and perhaps never excelled.

“ Thus much for presumptive evidence, I will now turn your attention to some that is direct.

“The history, (if it may be so called,) of the address is not unknown to me; but as I came to the knowledge of it under implied confidence, I doubted when I first received your letter, whether I ought to disclose it. On more mature reflection I became convinced that, if president Washington were now alive, and informed of the facts in question, he would not only authorize, but also desire me to reduce it to writing; that, when necessary, it might be used to invalidate the imputations to which those facts give color.

“ This consideration terminated my doubts. I do not think that a disclosure is necessary at this time; but I fear such a moment will arrive. Whether I shall then be alive, or in capacity to give testimony, is so uncertain, that, in order to avoid the risk of either, I shall now reduce it to writing, and commit it to your care and discretion, 'de bene esse,' as the lawyers say.

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"Some time before the address appeared, colonel (afterwards general) Hamilton informed me that he had received a letter from president Washington, and with it the draft of a farewell address, which the president had prepared, and on which he requested our opinion. He then proposed to fix on a day for an interview at my house on the subject. A day was accordingly appointed ; and on that day Col. Hamilton attended. He observed to me in words to this effect, that, after having read and examined the draft, it appeared to him to be susceptible of improvement. That the easiest and best way was to leave the draft untouched, and in its fair state; and to write the whole over with such amendments, alterations, and corrections, as he thought were advisable; and that he had done so. He then proposed to read it ; and we proceeded deliberately to discuss and consider it, paragraph by paragraph, until the whole met our mutual approbation. Some amendments were made during the interview, but none of much importance.

“ Although this business had not been hastily despatched, yet aware of the consequence of such a paper, I suggested the giving it a further critical examination; but he declined it, saying he was pressed for time, and was anxious to return the draft to the president without delay.

" It afterwards occurred to me, that a certain proposition was expressed in terms too general and unqualified; and I hinted it in a letter to the president. As the business took the course above mentioned, a recurrence to the draft was unnecessary, and it was not read. There was this advantage in the course pursued: the president's draft remained, (as delicacy required,) fair and not obscured by interlineations, &c. By comparing it with the paper sent with it, he would immediately observe the particular emendations and corrections that were proposed, and would find them standing in their intended places. Hence he was enabled to review, and to decide the whole matter, with much greater elearness and facility, than if he had received them in separate and detached notes, and with detailed references to the pages and lines where they were advised to be introduced."

This letter appears in Niles' Register of October 21, 1826, about three years before Mr. Jay's death. Whether it had been in print previous to that time, or not, or what was the immediate cause of its publication, we are not informed.

In 1836, after the death of Mr. Madison, which occurred the same year, remarks appeared in several papers, ascribing to him the authorship of Washington's valedictory address, and tending to produce an erroneous impression. Mr. Sparks, editor of the writings of Washington, in anticipation of their publication, caused to be published the correspondence between Washington and Madison on the subject.

In a letter to Mr. Madison, dated May 20, 1792, Washington, no$ having determined to be a candidate for reelection, requested him to draw up an address, to be used in ease he should conclude to retire, and mentioned the principal topics which he wished it to contain. Mr. Madison, in compliance with the request, prepared a paper, and subsequently delivered it to him in person. Having consented to a reëlection, he had no occasion to use it. Compared with the address published four years after, it will be found to bear but a slight resemblance to it, while it is evident that it was consulted in preparing the final address.

The draft of Mr. Madison, it is unnecessary to say, was an able one, about one-fourth of the length of the last; and is said to have met Washington's entire approbation at the time.

STATISTICS.

STATEMENT, OF THE ELECTORAL VOTES

For the different candidates for President and Vice-President, from 1789 to 1853. The year of each election refers to the time of counting the electoral votes, and not to the time at which they were given.

At the first four elections, no person was named for vice-president. Two persons were voted for by each elector; and the person having next to the highest number of votes, was elected vice-president.

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Three states, viz: New York, entitled to 8 electoral votes, Rhode Island 3, and North Carolina 7, did not vote at this election. The first had not passed an electoral law; the two last had not yet adopted the constitution.

1793-NUMBER OF ELECTORS, 135.

George Washington, (3 vacancies).. 132 | Thomas Jefferson..

John Adams....

George Clinton.

John Adams,.....
Thomas Jefferson,

5

77 Aaron Burr, N. Y....
50

1

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Samuel Adams, Mass....

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The two highest numbers of votes being equal, the election devolved upon the house of representatives. Mr. Jefferson was chosen on the 36th ballot. Before the next election, the present mode was established, by the adoption of the 12th amendment of the constitution.

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No candidate for president having a majority of all the votes, the election was made by the house from the three having received the highest numbers of votes; the representatives voting by states. Mr. Adams received the votes of 13 states, (a majority ;) Gen. Jackson, 7; Mr. Crawford, 4.

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No candidate for vice-president having received a majority, Col. Johnson was

elected by the senate.

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