equal, and each received the votes of a majority of the whole number of electors. There was, therefore, no election by the people. Accordingly, the House of Representatives, in pursuance of this clause, as it originally stood, proceeded to choose a President. On the first ballot, eight States voted for Thomas Jefferson, six States for Aaron Burr, and the votes of two States were divided. There were then sixteen States in the Union.

§ 386. The balloting continued nearly a week, and thirty-five ballots were had, with the same result as the first. The contest was carried on with violent party spirit. Finally, on the thirty-sixth ballot, Thomas Jefferson received the votes of a majority of the States, and was declared President; Aaron Burr, having the next highest number of votes, became Vice-President.

§ 387. To prevent the occurrence of such a state of things again, Congress, on the 12th of December, 1803, proposed to the legislatures of the States an amendment to this part of the Constitution, which was adopted by three-fourths of the States, and was proclaimed by the President as a part of the Constitution, September 25, 1804, and therefore takes the place of the original clause we have just been considering. This is the twelfth of the series of amendments to the Constitution, and is as follows: :

"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 presence of the Senate and House of Representatives, open all the certifi cates 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 the purpose shali 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."

§ 388. The amendment, as will be seen by comparison, retains many of the features of the original clause. It still leaves with Congress the right to elect a President and Vice-President, where there is no election by the people; but it changes the mode of procedure. The principal alterations it effects are the following: The electors, instead of voting generally for two persons, are to vote for one person for President and one person for Vice-President in distinct ballots, and separate lists of the persons voted for as President and as Vice President are to be sent to the seat of government.

§ 389. If no person have a majority, the House of Representatives are to elect a President from the three highest persons on the list of those voted for as President, instead of the five highest, as in the original article. This was intended to exclude from the chance of election by the House of Representatives, those persons who had received but a small number of electoral votes.

§ 390. If the House of Representatives, whenever the choice of a President shall devolve upon them, shall fail to choose a President before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of

the President. There was no provision similar to this in the original article.

§ 391. As the Constitution at first stood, a Vice-President could not be designated until after the President had been elected by the House of Representatives. The amendment allows the Senate to proceed at once and choose a Vice-President from the two highest numbers on the list of persons voted for as Vice-President; two-thirds of the senators constitute a quorum for this purpose, and a majority of the whole number is necessary to a choice. The votes of the Senate in choosing a Vice-President are not taken by States, as the votes of the House are in choosing a President, but each Senator has one vote.

§ 392. It is also declared by the amendment, that a person who is constitutionally ineligible to the office of President, shall be also ineligible to that of Vice-President. This is because the Vice-President may be called on to act as President.

§ 393. Since the adoption of this amendment, there has been one election of President by the House of Representatives. At the election for the tenth Presidential term, commencing March 4, 1825, John C. Calhoun was chosen. Vice-President, but there was no election of President by the electors. It therefore devolved on the House of Representatives to choose a President from the three highest on the list of candidates for the Presidency, who were Andrew Jackson, John Quincy Adams, and William H. Crawford. John Quincy Adams received a majority of the votes of the States, and was consequently declared elected by the House.

[Clause 4.] "The Congress may determine the Time of chusing the Electors, and the Day on which they shall

give their Votes; which Day shall be the same throughout the United States.'

§ 394. In virtue of the power given by this clause, Congress passed an act, March 1, 1792, requiring electors to be elected in each State within thirty-four days preceding the first Wednesday in December, in every fourth year succeeding the last Presidential election, which electors shall be equal to the number of senators and representatives to which the several States may by law be entitled at the time when the President and Vice-President to be chosen shall come into office; for instance, a State entitled to ten representatives, and having two senators, appoints twelve electors.

§ 395. The electors are required by the act above mentioned to meet and give their votes on the first Wednes day in December, at such place in the State as shall be directed by the legislature thereof. They usually meet at the capital of the State. Their votes are thus given on the same day throughout the United States. The electors are further required to make and sign three certificates of all the votes given by them, and to appoint a person to take charge of and deliver one of the certifi cates to the President of the Senate at the seat of the national government, before the first Wednesday in January, then next ensuing.

§ 396. If there should then be no President of the Senate at the seat of government, the certificate is to be deposited with the Secretary of State, to be delivered by him as soon as may be, to the President of the Senate. Another one of the certificates is to be sent by the Postoffice to the President of the Senate at the seat of government. The remaining certificate is to be delivered to the