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sist of a member or members from two-thirds of the States, and also of a majority of the whole number of the House of Representatives."

Col. MASON liked it, as obviating the remark of Mr. MADISON.

The motion, as far as "States," inclusive, was agreed to. On the residue, to wit, "and also of a majority of the whole number of the House of Representatives," it passed in the negative,

Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, aye-5; New Hampshire, New Jersey, Delaware, Maryland, South Carolina, Georgia, no-6.354

The Report relating to the appointment of the Executive stands, as amended, as follows:

"He shall hold his office during the term of four years; and, together with the Vice President, chosen for the same term, be elected in the following man


"Each State shall appoint, in such manner as its Legislature may direct, a number of electors equal to the whole number of Senators and members of the House of Representatives, to which the State may be entitled in the Legislature.

"But no person shall be appointed an elector who is a member of the Legislature of the United States, or who holds any office of profit or trust under the United States.

"The electors shall meet in their respective States, and vote by ballot, for two persons, of whom one at least shall not be an inhabitant of the same State with themselves; and they shall make a list of all the persons voted for, and of the number of

votes for each; which list they shall sign and certify, and transmit sealed to the seat of the General Government, 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 shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; the representation from each State having one vote. But if no person have a majority, then from the five highest on the list the House of Representatives shall, in like manner, choose by ballot the President. In the choice of a President by the House of Representatives, a quorum shall consist of a member or members from two-thirds of the States, [* and the concurrence of a majority of all the States shall be necessary to such choice.] And in every case after the choice of the President, the person having the greatest number of votes of the electors shall be the 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 the electors, and of their giving their votes;

This clause was not inserted on this day, but on the seventh of September. See Page 1516.

and the manner of certifying and transmitting their votes; but the election shall be on the same day throughout the United States."



In Convention,-The mode of constituting the Executive being resumed,

Mr. RANDOLPH moved to insert, in the first section of the Report made yesterday, the following:

"The Legislature may declare by law what officer of the United States shall act as President, in case of the death, resignation or disability of the President and Vice President; and such officer shall act accordingly, until the time of electing a President shall arrive."

Mr. MADISON observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President, and moved to substitute, "until such disability be removed, or a President shall be elected."*

Mr. GOUVERNEUR MORRIS Seconded the motion; which was agreed to.

It seemed to be an objection to the provision, with some, that, according to the process established for choosing the Executive, there would be difficulty in effecting it at other than the fixed periods; with others, that the Legislature was restrained in the temporary appointment to "officers" of the United States. They wished it to be at liberty to appoint others than such.

In the printed Journal this amendment is put into the original motion.

On the motion of Mr. RANDOLPH, as amended, it passed in the affirmative,

New Jersey, Pennsylvania, Maryland, Virginia, South Carolina, Georgia, aye-6; Massachusetts, Connecticut, Delaware, North Carolina, no-4; New Hampshire divided.

Mr. GERRY moved, "that in the election of President by the House of Representatives, no State shall vote by less than three members; and where that number may not be allotted to a State, it shall be made up by its Senators; and a concurrence of a majority of all the States shall be necessary to make such choice." Without some such provision, five individuals might possibly be competent to an election, these being a majority of two-thirds of the existing number of States; and two-thirds being a quorum for this business.

Mr. MADISON seconded the motion.

Mr. READ observed, that the States having but one member only in the House of Representatives would be in danger of having no vote at all in the election: the sickness or absence either of the Representative, or one of the Senators, would have that effect.

Mr. MADISON replied, that if one member of the House of Representatives should be left capable of voting for the State, the States having one Representative only would still be subject to that danger. He thought it an evil, that so small a number, at any rate, should be authorized to elect. Corruption would be greatly facilitated by it. The mode itself was liable to this further weighty objection, that the representatives of a minority of the people might

reverse the choice of a majority of the States and of the people. He wished some cure for this inconvenience might yet be provided. .

Mr. GERRY withdrew the first part of his motion; and on the question on the second part, viz: "and a concurrence of a majority of all the States shall be necessary to make such choice," to follow the words, "a member or members from two-thirds of the States," it was agreed to, nem. con.


The second Section (see the 4th of Sept., page 1487,) requiring that the President should be a natural born citizen, &c., and have been resident for fourteen years, and be thirty-five years of age, was agreed to,

nem. con.

The third Section, "The Vice-President shall be ex-officio President of the Senate," being then considered,

Mr. GERRY opposed this regulation. We might as well put the President himself at the head of the the Legislature. The close intimacy that must subsist between the President and Vice-President makes it absolutely improper. He was against having any Vice-President.

Mr. GOUVERNEUR MORRIS. The Vice-President then will be the first heir apparent that ever loved his father. If there should be no Vice-President, the President of the Senate would be temporary successor, which would amount to the same thing.

Mr. SHERMAN saw no danger in the case. If the Vice-President were not to be President of the Senate, he would be without employment; and some member, by being made President, must be deprived of his vote, unless when an equal division of votes

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