Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/330

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322
CONSTITUTION OF THE U. STATES.
[BOOK III.

but to register votes, which are already pledged; and an exercise of an independent judgment would be treated, as a political usurpation, dishonourable to the individual, and a fraud upon his constituents.

§ 1458. The principal difficulty, which has been felt in the mode of election, is the constant tendency, from the number of candidates, to bring the choice into the house of representatives. This has already occurred twice in the progress of the government; and in the future there is every probability of a far more frequent occurrence. This was early foreseen; and, even in one of the state conventions, a most distinguished statesman, and one of the framers of the constitution, admitted, that it would probably be found impracticable to elect a president by the immediate suffrages of the people; and that in so large a country many persons would probably be voted for, and that the lowest of the five highest on the list might not have an inconsiderable number of votes.[1] It cannot escape the discernment of any attentive observer, that if the house of representatives is often to choose a president, the choice will, or at least may, be influenced by many motives, independent of his merits and qualifications. There is danger, that intrigue and cabal may mix in the rivalries and strife.[2] And the discords, if not the corruptions, generated by the occasion, will probably long outlive the immediate choice, and scatter their pestilential influences over all the great interests of the country. One fearful crisis was passed in the choice

    congress at political meetings at Washington; thus, in the mild form of recommendation introducing their votes into the election with all their official influence. Rawle on Const. ch. 5, p. 58.

  1. Mr. Madison, 2 Elliot's Debates, 364.
  2. 1 Tucker's Black. Comm. App. 327; 1 Kent's Comm. Lect. 13, p. 261.