Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/321

 CH. XXXVI.] the senate shall choose from them by ballot the vice-president.

§ 1449. It has been already remarked, that originally in the convention the choice of the president was, by a vote of eight states against two, given to the national legislature. This mode of appointment, however, does not seem to have been satisfactory; for a short time afterwards, upon a reconsideration of the subject, it was voted, by six states against three, one being divided, that the president should be chosen by electors appointed for that purpose; and by eight states against two, that the electors should be chosen by the legislatures of the states. Upon a subsequent discussion, by the vote of seven states against four, the choice was restored to the national legislature. Towards the close of the convention the subject was referred to a committee, who reported a scheme, in many respects, as it now stands. The clause, as to the mode of choice by electors, was carried, by the vote of nine states against two; that respecting the time, and place, and manner of voting of the electors, by ten states against one; that respecting the choice by the house of representatives, in case no choice was made by the people, by ten states against one.

§ 1450. One motive, which induced a change of the choice of the president from the national legislature, unquestionably was, to have the sense of the people 40