October 19, 1803
The House resolved Itself into a Committee of the Whole on the proposition amendatory to the Constitution, offered on Monday by Mr. Dawson, as follows :
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Baolvcd, by fht Senate and House of Representatives of the United Statu of America, in Congress oiaembUd, two-thirds of both Houses concurring. That Iho following article be proposed to the Legislatures of the several States, as an amendment to the Constitution of the United Stales, which, when ratified by threefoQTthsof the said Legislatures, shall be valid to all intents and purposes, aa part of the said Constitution, " That in all future elections of President and Vice President, the persons voted for shall be particularly designated, by declaring which is voted for as President, and which as Vice President."
Read from OCR scans of the printed page (col. 374). View the page image
- Baolvcd, The scans read: “Resolved,” (microfilm scan), “Baolvcd,” (main scan)
- fht Only one scan has this word: “fht” (main scan)
- oiaembUd, The scans read: “anembied,” (Michigan scan), “assembled,” (microfilm scan), “oiaembUd,” (main scan)
- Iho Only one scan has this word: “Iho” (main scan)
- threefoQTthsof The scans read: “thr*«- fouitbeof” (Michigan scan), “threefourths of” (microfilm scan), “threefoQTthsof” (main scan)
Mr. Nicholson said, the proposition now under consideration contemplated an important amendment of ibe Constitution, and he thought it the duty of the House to render it so plain and intelligible, that hereafter no room should be left for donbL The circumstances attending the elee* tion of the present Chief Magistrate were uncommon in their nature, and he believed had left si universal impression upon the public mind, that some amendment to the Constitution should be adopted. In doing this, however, it was necessary that the amendment should clearly and precisely express the meaning of those who are to adopt it as a rule for the future government of their conduct. The motion before the committee sufficiently correct as far as it went, but opinion, if that alone were to be agreed to, the Constitution itself would be extremely equivocal, and future Legislatures would be involved in difficulties not very lar inferior to those from which we are anxious to relieve them. The Constitution, as it now stands, provides that the Electors shall assemble and vote for two persons, that the votes thus given shall be sealed up and sent to the President of the Senate, and by ^tm shall be opened in presence of both Houses of Congress, and that the person having the ^eaiesi number of votes, if such number be a majority of all the Electors appointed, shall be the President ; but if more than one have an equal number, then the House of Representatives is to choose one of them as President; and if no person Has a majority, then the House are to choose from the five highest on the list one of them as President. In all cases, however, it is further provided, after the choice of a President, the person having the greatett number of votes ahau be Ike Vice President. Thus the Constitution now stands; but if it is amended in the manner proposed, it may be extremely uncertain what part of the original Constitution is annulled, and what is to remain in force. These are to be left to future construction. To nialie himself more fully comprehended, Mr. N. said he would suppose a case. After adopting the proposed amendment, A and B being voted for as President, have an equal number of the votes of the Electors, neither having a majority, and C and P have an equal number of votes ; neither of these having a majority. In such an event, the Constitution as it now stands provides that the House of Representatives shall choose a President from the five highest on the list, and unless this provision is annulled by the amendment now proposed, a person voted for by the Electors, as Vice President, may be chosen by this House as President. Again, A and B being voted for as President, have an equal number of votes, but neither of them has a majority ; C, D, and E, being voted for as Vice President, have likewise an equal number of votes, but neither of them have as great a number aa the two first. Here, agreeably to the Constitution as it now stands, after the President is chosen, the person having the greatest number of votes is to be the Vice President, and of course the choice must fall upon a man who has not been voted for by the Electors at Vice President, but upon one who has been voted for as President. If these difficulties occur happen; and that they may happen no one can deny. To prevent these difficulties, Mr. N. said, was his object, and for this purpose he had prepared an amendment to the proposition under consideration. Too extensive a latitude of construction, he had always thought dangerous ; as a very great difference of construction might honestly be given by different men. The committee would discover, after bearing the amendment which he was about to offer, that although he might be mistaken in the opinions he had offered, yet the safest course would be to adopt it. He was anxious to prevent all possibility of doubt on future occasions, and to make that clear and unequivocal, which in his opinion would otherwise be involved in obscurity. He then offered the following amendment to the proposition originally moved by Mr. Dawson
Read from OCR scans of the printed page (col. 374–375). View the page image
- ibe Only one scan has this word: “ibe” (main scan)
- he The scans read: “he” (Michigan scan), “he” (microfilm scan), “be” (main scan)
- for donbL The scans read: “for doubt.” (Michigan scan), “fordoubt.” (microfilm scan), “for donbL” (main scan)
- elee* tion The scans read: “election” (Michigan scan), “elec tion” (microfilm scan), “elee* tion” (main scan)
- si Only one scan has this word: “si” (main scan)
- ^tm The scans read: “liim” (Michigan scan), “him” (microfilm scan), “^tm” (main scan)
- ^eaiesi The scans read: “jfreaiest” (Michigan scan), “greatest” (microfilm scan), “^eaiesi” (main scan)
- Representatives The scans read: “Representatives” (Michigan scan), “Representatives” (microfilm scan), “Representative!” (main scan)
- ahau Only one scan has this word: “ahau” (main scan)
- Ike Only one scan has this word: “Ike” (main scan)
- nialie The scans read: “make” (Michigan scan), “make” (microfilm scan), “nialie” (main scan)
- P The scans read: “D” (Michigan scan), “D” (microfilm scan), “P” (main scan)
- aa The scans read: “an” (Michigan scan), “as” (microfilm scan), “aa” (main scan)
- Here, The scans read: “Here,” (Michigan scan), “Here,” (microfilm scan), “Mere,” (main scan)
- at The scans read: “aa” (Michigan scan), “as” (microfilm scan), “at” (main scan)
- he The scans read: “he” (Michigan scan), “he” (microfilm scan), “be” (main scan)
- bearing The scans read: “hearing” (Michigan scan), “hearing” (microfilm scan), “bearing” (main scan)
- he The scans read: “he” (Michigan scan), “he” (microfilm scan), “be” (main scan)
- he The scans read: “he” (Michigan scan), “he” (microfilm scan), “be” (main scan)
1 connection
- cites Article II, Section 1, Clause 3 (suggested)
" The person voted for u President, having the greatest number of toIo, shall be the President, if aach number be a majority of all the Electors appointed; and if no person have such majority, then from (he five highest on the list of those voted for as President, the House of Representatives shall immediately choose by ballot one of them as President. And in every case, the person voted for as Vice President having the greatest number of voles, shall be the Vice President. But if there should be two or more who have equal votes, the Senate shall choose one of them for Vice PreaiJoiU'* Mr. Dawson observed that the resolution offered by him was, itt his opinion, sufficiently clear and precise. But as the gentleman from Maryland (Mr. Nicholson) thought otherwise, he had no objection to the amendment proposed by him.
Read from OCR scans of the printed page (col. 375–376). View the page image
- u The scans read: “as” (microfilm scan), “u” (main scan)
- toIo, Only one scan has this word: “toIo,” (main scan)
- aach The scans read: “sDch” (Michigan scan), “such” (microfilm scan), “aach” (main scan)
- (he The scans read: “Ihe” (Michigan scan), “the” (microfilm scan), “(he” (main scan)
- voles, The scans read: “vote*,” (Michigan scan), “votes,” (microfilm scan), “voles,” (main scan)
- PreaiJoiU'* Only one scan has this word: “PreaiJoiU'*” (main scan)
- itt The scans read: “in” (Michigan scan), “in” (microfilm scan), “itt” (main scan)
1 connection
- quotes Amendment XII (suggested)
Mr. Clopton said, that he approved of the principle introduced in the amendment proposed br the gentleman from Maryland, (Mr. Nicbolson,) but he considered the amendment as liable 10 some objection ; that it was susceptible of objection inasmuch as it proposed to extend to this House a right of deciding the election, by choosing a President among five persons in case an event should happen so as to render their decision necessary; and that the same objection might be raised to that part of it which related to the election of Vice President, in case the interposition of the Senate should become necessary for that purpose. He said that, if the gentleman from Maryland would permit the word " five" to be struck out, and the word " two" to be inserted, he thought the amendment would then be more conformable to the principles of a representative Government. Mr. C. said, that the reason which induced the extension of a right to make a legislative decision from the five highest on the list, in case no person should have a majority of electoral votes, arose from a circumstance, which could not happen if the proposed amendment to the Constitution should be adopted. He said the circumstance he alluded to was, that under the existing mode, which requires each Elector to vote for two persons indiscriminately, without designating whether for President or for Vice President, there might be four persons, each of whom might have a number of votes, but a little less thanamajoritT of the whole number of Electors appointed ; and it might so happen that five persons might have & number equal to two-fifths of the whole number. He said that, therefore, it appeared proper to him that the right of choosing from the five highest on the list should be extended to the Legislature uq. der the existing mode, as two-fifths were so considerable a proportion of the whole number ; but, if the proposed amendment (which requires that the persons voted for should be designated whether voted for as President or as Vice President) should be adopted, the reason which existed and heretofore rendered the provision a proper one, will then entirely cease j for each of even two persons cannot then have a majority of the whole number of electoral votes, either on the listdeaifnaied for President or on the list designated for Vice President, As. therefore, the operation of the resolution, if agreed to and adopted as an amendment to the Constitution, will so materially differ from the operation of the existing mode, be thought the alteration he proposed to the amendment of the gentleman from Maryland would be expedient. He said he begged leave to state a case, which might happen even at the next election, if that amendment should be introduced into the resolution without the alteration he proposed. He said that, at the next election, there will be 17S Electors ; Rod it might so happen that
Read from OCR scans of the printed page (col. 376–377). View the page image
- br The scans read: “bv” (Michigan scan), “by” (microfilm scan), “br” (main scan)
- Nicbolson,) The scans read: “Nicbolsdn,)” (Michigan scan), “Nicnotsoy,)” (microfilm scan), “Nicbolson,)” (main scan)
- 10 Only one scan has this word: “10” (main scan)
- five The scans read: “five” (Michigan scan), “five” (microfilm scan), “fire” (main scan)
- thanamajoritT The scans read: “a majority” (Michigan scan), “a majority” (microfilm scan), “thanamajoritT” (main scan)
- & The scans read: “a” (Michigan scan), “&” (main scan)
- be The scans read: “be” (Michigan scan), “be” (microfilm scan), “he” (main scan)
- uq. der The scans read: “under” (Michigan scan), “under” (microfilm scan), “uq. der” (main scan)
- listdeaifnaied The scans read: “lisldesiffnaled” (Michigan scan), “list designated” (microfilm scan), “listdeaifnaied” (main scan)
- an The scans read: “an” (Michigan scan), “an” (microfilm scan), “as” (main scan)
- be The scans read: “ha” (Michigan scan), “he” (microfilm scan), “be” (main scan)
- he The scans read: “he” (Michigan scan), “he” (microfilm scan), “be” (main scan)
- 17S Electors The scans read: “176Eleetoni;” (Michigan scan), “176 Electors;” (microfilm scan), “17S Electors” (main scan)
CrEon might hsTe86 votes, a second person might ve 87 votes, a third person might have 1 vote, & fourth person might have ] vote, and a fifth person might have 1 vote. If, therefore, the number five, BR proposed by the amendment of the eenilcman from Maryland should be retained, eiia> ' those persons to whom only one electoral had been given might be chosen ; and both of those persons, one of whom had 86 votes, the other 87 TOlei, might be rejected.
Read from OCR scans of the printed page (col. 377). View the page image
- CrEon The scans read: “C n” (Michigan scan), “one on” (microfilm scan), “CrEon” (main scan)
- hsTe86 Only one scan has this word: “hsTe86” (main scan)
- ve The scans read: “ave” (microfilm scan), “ve” (main scan)
- BR The scans read: “as” (Michigan scan), “BR” (main scan)
- eenilcman The scans read: “ffentlc' mta” (Michigan scan), “prinman” (microfilm scan), “eenilcman” (main scan)
- eiia> The scans read: “eiiner” (Michigan scan), “eiia>” (main scan)
- TOlei, The scans read: “TOtea,” (Michigan scan), “TOlei,” (main scan)
Mr. C. said, that he could not conceive that member of this Committee would agree that .... a decision could be proper, or any way consistent with the vital principles of our Government. He therefore wished that the gentleman from Mar land would consent to the alteration be had tl.. honor to suggest to the Committee, and after the clause immediately succeeding the word proposed to be struck out, words to this effect might be added: "If. on shall have a majority of the whole number of appointed, then, from the two highest on that list, the House of Representatives shall choose, by ballot, one of them for President ; unless more than two persons sbatl have an equal number of votes, in which caeo the said Hance shall in like manner, choose one of those persona for President."
Read from OCR scans of the printed page (col. 377). View the page image
- .... Only one scan has this word: “....” (main scan)
- Mar land The scans read: “Maryland” (Michigan scan), “Maryon land” (microfilm scan), “Mar land” (main scan)
- tl.. Only one scan has this word: “tl..” (main scan)
- of The scans read: “of” (Michigan scan), “of” (microfilm scan), “or” (main scan)
- sbatl Only one scan has this word: “sbatl” (main scan)
- caeo The scans read: “Cue” (Michigan scan), “caeo” (main scan)
- Hance Only one scan has this word: “Hance” (main scan)
- persona The scans read: “erson” (microfilm scan), “persona” (main scan)
- for The scans read: “far” (Michigan scan), “for” (main scan)
Mr. Clopton said that a similar clause might be inserted in relation to a final decision of the election of Vice President, in case no person should have a majority of the electoral votes on the list designated for vice President. w. C said, that he believed the provision, if conformed to the ideas suggested by him, would be more likely to insure the ultimate election of President and Vice President according to the will of the people, as the electoral votes are to be considered as their expression of the public will, than if the amendment should be agreed to exactly as proposed by the gentleman from Maryland ; and if the alteration suggested did not obtain his assent, he (Mr. C.) begged leave to move the Committee to that effect.
Read from OCR scans of the printed page (col. 377). View the page image
- w. The scans read: “Mr.” (Michigan scan), “w.” (main scan)
- if The scans read: “if” (Michigan scan), “if” (microfilm scan), “it” (main scan)
Mr. NicBOLSON could not say that he bad any material objection to the amendment recommended by the gentleman from Virginia, (Mr. Clopton.) In framing the resolution he had submitted, he bad pursued the language of the Constitution, by inserting the word "■ five." The object of the gentleman might be obtained by striking out the word " five." To give time, however, for the House to reflect on the subject, and to compare the several propositions, he would move that the Committee should rise.
Read from OCR scans of the printed page (col. 377). View the page image
- NicBOLSON The scans read: “NioBOLBON” (Michigan scan), “Nicwo.son” (microfilm scan), “NicBOLSON” (main scan)
- he The scans read: “he” (Michigan scan), “he” (microfilm scan), “be” (main scan)
- bad The scans read: “had” (microfilm scan), “bad” (main scan)
- be The scans read: “be” (Michigan scan), “be” (microfilm scan), “he” (main scan)
- five." The scans read: “five."” (Michigan scan), ““five.”” (microfilm scan), “fire."” (main scan)
1 connection
- cites Article II, Section 1, Clause 3 (suggested)
This motion was carried without dissent; when the House ordered the resolutions to be printed.
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