REVIEW

OF

THE PROPOSITIONS

FOR

AMENDING THE CONSTITUTION

SUBMITTED BY

MR. HILLHOUSE

TO THE

SENATE OF THE UNITED STATES,

IN 1808.

J. A.

REVIEW.

AMONG the manuscripts of Mr. Adams was found the following review of a pamphlet published in 1808, entitled "Propositions for Amending the Constitution of the United States, submitted by Mr. Hillhouse to the Senate, on the twelfth day of April, 1808, with his Explanatory Remarks." It seems to have been prepared for publication, though no trace of it has been found in print. For the better understanding of the strictures, it is necessary to give, in the first place, the amendments as they were proposed by Mr. Hillhouse.

ARTICLE THE FIRST.

After the third day of March, one thousand eight hundred and thirteen, the house of representatives shall be composed of members chosen every year by the people of the several states; their electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature; and their term of service shall expire on the first Tuesday of April in each year.

ARTICLE THE SECOND.

After the third day of March, 1813, the senators of the United States shall be chosen for three years; and their term of service shall expire on the first Tuesday of April.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be, into three classes. The seats of the first class shall be vacated at the expiration of the first year; of the second class, at the expiration of the second year; and of the third class, at the expiration of the third year; so that one third may be chosen every year. Vacancies to be filled as already provided.

ARTICLE THE THIRD.

On the third day of March, 1813, the president of the United States shall be appointed, and shall hold his office until the expiration of the first Tuesday of April, 1814. And on the first Tuesday of April, 1814, and on the first Tuesday of April in each succeeding year, the president shall be appointed to hold his office during the term of one year. The mode of appointment shall be as follows:

In presence of the senate and house of representatives, each senator belong

ing to the class whose term of service will first expire, and constitutionally eligible to the office of president, of which the house of representatives shall be the sole judges, and shall decide without debate, shall, beginning with the first on the alphabet, and in their alphabetical order, draw a ball out of a box containing the same number of uniform balls as there shall be senators present and eligible, one of which balls shall be colored, the others white. The senator who shall draw the colored ball shall be president. A committee of the house of representatives, to consist of a member from each state, to be appointed in such manncr as the house shall direct, shall place the balls in the box, shall shake the same so as to intermix them, and shall superintend the drawing thereof.

In case of the removal of the president from office, or of his death, resignation, or inability to discharge the powers and duties thereof, if congress be then in session, or if not, as soon as they shall be in session, the president shall, in the manner beforementioned, be appointed for the residue of the term. And, until the disability be removed, or a president be appointed, the speaker of the senate shall act as president. And congress may, by law, provide for the case of removal by death, resignation, or inability of the president, and vacancy in the office, or inability of the speaker of the senate; and such officer shall act accordingly, until the disability of the president be removed, or another be appointed.

The seat of a senator who shall be appointed as president, shall thereby be vacated.

ARTICLE THE FOURTH.

After the third day of March, 1813, the compensation of the president shall not exceed fifteen thousand dollars a year.

ARTICLE THE FIFTH.

After the third day of March, 1813, the office of vice-president shall cease. And the senate, on the same day in each year, when the president shall be annually appointed, shall choose a speaker; and, in the absence of the speaker, or when he shall exercise the office of president, the senate shall choose a speaker pro tempore.

ARTICLE THE SIXTH.

After the third day of March, 1813, the president shall nominate, and by and with the advice and consent of the senate and of the house of representatives, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law. But congress may, by law, vest the appointment of such officers as they think proper, in the president, by and with the advice and consent of the senate; and of the inferior officers in the president alone, in the courts of law, or in the heads of departments. But no law, vesting the power of appointment, shall be for a longer term than two years. All proceedings on nominations shall be with closed doors and without debate; but information of the character and qualifications of the person nominated, shall be received.

ARTICLE THE SEVENTII.

After the third day of March, 1813, the president shall have power to fill all vacancies that may happen during the recess of congress, by granting commissions which shall expire at the end of their next session. No removal from office shall take place without the consent of the senate and of the house of representatives. But congress may, by law, authorize the removal by the same power, as may by law be authorized to make the appointment. But in every case of misconduct in office, where the consent of the senate, or of the senate and house of representatives, shall be necessary to a removal, the president, during the recess of congress, may suspend the officer, and make a temporary appointment of a person to exercise the office, until the next meeting of congress, and until a decision can be had by the senate, or by the senate and house of representatives, as the case may be, on a question for the removal of the officer suspended. All proceedings respecting removal from office shall be had, without debate, upon the information and reasons which shall be communicated by the president, and with closed doors.

These radical propositions, coming as they did from a leading member of the party originally formed for the purpose of sustaining the federal constitution, and supported by him in an elaborate speech, were well calculated to fix the attention of Mr. Adams. It is not unlikely that he gave to the plan more importance, as a political movement, than it merited; for it does not appear to have been followed up, either by the originator or any one else. This may be the reason why the review was never published. The general argument is, however, of a permanent nature, and deserves to be placed among the memorials of the author.

WHEN a speech or a pamphlet appears in public from the press, the most rational course would be to read it and judge of its merits, without prejudice. But republican jealousy is so much the spirit of the times, that the first question is, who is the author? of what party is he? what are his motives? and whose election is he aiming to promote? This inquisitive temper has been sufficiently alive concerning the publication of Mr. Hillhouse. Some have conjectured that his design was, to throw the nation into confusion, in hopes that a better order than prevails at present, might arise out of it. Others have suggested that this work is a burlesque on the crude projects of amendment which appear in such numbers. One set of men have suspected that this gentleman has been so long in public