Page:Debates in the Several State Conventions, v5.djvu/612

586 Sec. 8. The Senate shall exclusively possess the power of declaring war. No treaty shall be made without their advice and consent; which shall also be necessary to the appointment of all officers except such for which a different provision is made in this Constitution.

IV.—Sec. 1. The President of the United States of America (except in the first instance) shall be elected in the manner following: The judges of the Supreme Court shall, within sixty days after a vacancy shall happen, cause public notice to be given, in each slate, of such vacancy; appointing therein three several days for the several purposes following—to wit, a day for commencing the election of electors for the purposes hereinafter specified, to be called the first electors, which day shall not be less than forty, nor more than sixty days, after the day of the publication of the notice in each state; another day for the meeting of the electors, not less [than] forty, nor more than ninety, days from the day for commencing their election; another day for the meeting of electors to be chosen by the first electors, for the purpose hereinafter specified, and to be called the second electors, which day shall be not less than forty, nor more than sixty, days after the day for the meeting of the first electors.

Sec. 2. After notice of a vacancy shall have been given, there shall be chosen in each state a number of persons, as the first electors in the preceding section mentioned, equal to the whole number of the representatives and senators of such state in the legislature of the United States; which electors shall be chosen by the citizens of such state having an estate of inheritance, or for three lives, in land, or a clear personal estate of the value of one thousand Spanish milled dollars of the present standard.

Sec. 3. These first electors shall meet, in their respective states, at the time appointed, at one place, and shall proceed to vote by ballot for a President, who shall not be one of their own number, unless the legislature upon experiment should hereafter direct otherwise. They shall cause two lists to be made of the name or names of the person or persons voted for, which they, or the major part of them, shall sign and certify. They shall then proceed each to nominate, openly, in the presence of the others, two persons as for second electors; and out of the persons who shall have the four highest numbers of nominations, they shall afterwards by ballot, by plurality of votes, choose two who shall be the second electors, to each of whom shall be delivered one of the lists before mentioned. These second electors shall not be any of the persons voted for as President. A copy of the same list, signed and certified in like manner, shall be transmitted by the first electors to the seat of the government of the United States, under a sealed cover directed to the president of the Assembly; which, after the meeting of the second electors, shall be opened for the inspection of the two Houses of the legislature.

Sec. 4. The second electors shall meet precisely on the day appointed, and not on another day, at one place. The chief justice of the Supreme Court, or, if there be no chief justice, the judge senior in office in such court, or, if there be no one judge senior in office, some other judge of that court, by the choice of the rest of the judges, or of a majority of them, shall attend at the same place, and shall preside at the meeting, but shall have no vote. Two thirds of the whole number of the electors shall constitute a sufficient meeting for the execution of their trust. At this meeting the lists delivered to the respective electors shall be produced and inspected; and if there be any person who has a majority of the whole number of votes given by the first electors, he shall be the President of the United States; but if there be no such person, the second electors so met shall proceed to vote by ballot, for one of the persons named in the lists, who shall have the three highest numbers of the votes of the first electors; and if upon the first or any succeeding ballot, on the day of their meeting, either of those persons shall have a number of votes equal to a majority of the whole number of second electors chosen, he shall be the President. But if no such choice be made on the day appointed for the meeting, either by reason of the non-attendance of the second electors, or their not agreeing, or any other matter, the person having the greatest number of votes of the first electors shall be the President.

Sec. 5. If it should happen that the chief justice or some other judge of the Supreme Court should not attend in due time, the second electors shall proceed to the execution of their trust without him.

Sec. 6. If the judges should neglect to cause the notice required by the first section of this article to be given within the time therein limited, they may nevertheless cause it to be afterwards given; but their neglect, if willful, is hereby declared to be an offence for which they may be impeached, and, if convicted, they shall be punished as in other cases of conviction on impeachment.

Sec. 7. The legislature shall, by permanent laws, provide such further regulations as may be necessary for the more orderly election of the President, not contravening the provisions herein contained.

Sec. 8. The President, before he shall enter upon the execution of his office, shall take an oath, or affirmation, faithfully to execute the same, and to the utmost of his judgment and power to protect the rights of the people, and preserve the Constitution