came to be framed that was the point upon which they
met and upon which they parted, less able to agree
than upon almost all others combined. A glance
at the history of the convention that met at Philadelphia
on the fourteenth of May, 1787, but did not organize
until the twenty-fifth day of the same month, will
show that three days after the convention assembled
two plans of a Constitution were presented, respectively,
by Mr. Edmund Randolph, of Virginia, and Mr. Charles
Pinckney, of South Carolina. The first proposed
the election of the executive by the legislature, as
the two houses were then termed, for a term of seven
years, with ineligibility for re-election. The
other proposed an election, but left the power to
elect or the term of office in blank. Both of
these features in the schemes proposed came up early
for consideration, and, as I have said before, as
the grave and able minds of that day approached this
subject they were unable to agree, and accordingly,
from time to time, the question was postponed and
no advance whatever made in the settlement of the question.
Indeed, so vital and wide was the difference that
each attempt made during the course of the five months
in which that convention was assembled only seemed
to result in renewed failure. So it stood until
the fourth day of September had arrived. The
labors of the convention by that time had resulted
in the framing of a Constitution, wise and good and
fairly balanced, calculated to preserve power sufficient
in the government, and yet leaving that individual
freedom and liberty essential for the protection of
the States and their citizens. Then it was that
this question, so long postponed, came up for consideration
and had to be decided. As it was decided then,
it appears in the Constitution as submitted to the
States in 1787; but an amendment of the second article
was proposed in 1804, which, meeting the approval
of the States, became part of the Constitution.
I must be pardoned if I repeat something of what has
preceded in this debate, by way of citation from the
Constitution of the United States, in order that we
may find there our warrant for the present measure.
There were difficulties of which these fathers of
our government were thoroughly conscious. The
very difficulties that surround the question to-day
are suggested in the debates of 1800, in which the
history of double returns is foretold by Mr. Pinckney
in his objections to the measure then before the Senate.
The very title of that act, “A Bill Prescribing
a Mode of Deciding Disputed Elections of President
and Vice-President of the United States,” will
show the difficulties which they then perceived and
of which they felt the future was to be so full.
They made the attempt in 1800 to meet those difficulties.
They did not succeed. Again and again the question
came before them. In 1824 a second attempt was
made at legislation. It met the approval of the
Senate. It seemed to meet the approval of the