Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/304

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296
CONSTITUTION OF THE U. STATES.
[BOOK III.

§ 1430. Another proposition was (as has been seen) to choose the executive for seven years, which at first passed by a bare majority;[1] but being coupled with a clause, "to be chosen by the national legislature," it was approved by the vote of eight states against two.[2] Another clause, "to be ineligible a second time," was added by the vote of eight states against one, one being divided.[3] In this form the clause stood in the first draft of the constitution, though some intermediate efforts were made to vary it.[4] But it was ultimately altered upon the report of a committee so, as to change the mode of election, the term of office, and the re-eligibility, to their present form, by the vote of ten states against one.[5]

§ 1431. It is most probable, that these three propositions had a mutual influence upon the final vote. Those, who wished a choice to be made by the people, rather than by the national legislature, would naturally incline to a shorter period of office, than seven years. Those, who were in favour of seven years, might be willing to consent to the clause against re-eligibility, when they would resist it, if the period of office were reduced to four years.[6] And those, who favoured the latter, might more readily yield the prohibitory clause, than increase the duration of office. All this, however, is but conjecture; and the most, that can be gathered

    degree of permanency. 2 Pitk. Hist. 259, 260, note. Possibly, the same change may have occurred in the opinions of others.—Journal of Convention, p. 130, 131.

  1. Journal of Convention, p. 90.
  2. Id. 92, 136, 224, 225; id. 286, 287.
  3. Id. 94, 204.
  4. Journal of Convention, 190, 191 to 196, 200; id. 286, 287, 288.
  5. Id. 225, 324, 330, 332, 337. See 2 Jefferson's Correspondence, p. 64, 65; 2 Pitk. Hist. 252, 253; Journal of Convention, 288, 289.
  6. See 1 Jefferson's Correspondence, p. 64, 65.