Page:Debates in the Several State Conventions, v1.djvu/362

342 That in lieu of the third paragraph of the first section of the second article of the Constitution of the United States,—which, when ratified by three fourths of the legislatures of the several states, shall be valid to all intents and purposes, as part of the said Constitution, to wit,—

"'The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the president of the Senate. The president of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

"'The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two highest numbers on the list, the Senate shall choose the Vice-President. A quorum for that purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice.

"'But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.'

At the same session, an act passed, of which the following is the 1st section:—

"An Act supplementary to an Act, entitled An Act relative to the Election of a President and Vice-President of the United States, and declaring the Officer who shall art as President, in Case of Vacancies in the Offices both of President and Vice-President.

"Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That, whenever the amendment proposed, during the present session of Congress, to the Constitution of the United States, respecting the manner of voting for