Page:The Records of the Federal Convention of 1787 Volume 2.djvu/504

 4.9 8 RECORDS OF THE FEDERAL C(NVENTION Tueda MADISON Septenber 4 shall in that House open all the certificates; and the votes shall be then & there counted. The Person having the great- est number of votes shall be the President, if such number be a majority of that of the electors; and if there be more than one who have such a majority, and have an equal number of votes, then the Senate shall immediately x choose by ballot one of them for President: but if no person have a majority. then from the five highest on the list, the Senate shall choose by ballot the President. And in every case after the choice of the President, the person having the greatest number of votes shall be vice-president: but if there should remain two or more who have equal votes, the Senate shall choose from them the vice-President. The Legislature may determine the time of choosing and assembling the Electors, and the manner of certifying and transmitting their votes.' 2 (5) 'Sect. 2. No person except a natural born citizen or a Citizen of the U-- S-- at the time of the adoption of this Constitution shall be eligible to the office of President; nor shall 'any person be elected to that office, who shall be under the age of thirty five years, and who has not been in the whole, at least fourteen years a resident within the U--S.' (6) 'Sect-- 3-- The vice-president shall be ex officio President of the Senate, except when they sit to try the im- peachment of the President, in which case the Chief Justice shall preside, and excepting also when he shall exercise the powers and duties of President, in which case & in case of his absence, the Senate shall chuse a President pro tempore. -- The vice President when acting as President of the Senate shall not have a vote unless the House be equally divided.' (7) 'Sect-- 4 The President by and with the advice and Consent of the Senate, shall have power to make Treaties; and he shall nominate and by and with the advice and consent of the Senate shall appoint ambassadors, and other public Ministers,  Judges of the Supreme Court, and all other Officers 2 Madison himself seems to have been misled here: "immediately" was inserted by an amendment on Sept. 6. It is omitted in the Breafiey draft among the Madison Papers, and in McHenry's copy.  See Appendix A, CCa.  Brearley copy has intedined "& consula" above "Ministers".

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