Debates in the House of Representatives on the Twelfth Amendment, 1803

October 20, 1803

AMENDMENT TO THE CONSTITUTION.3 min read
1: House, October 20, 1803, ¶ 1 (House1803.Oct20.1)

Mr. Nicholson, after making a few preliminary remarks, moved to discharge the Committee of the Whole from the further consideration of the propositions amendatory of the Constitution of the United States; which motion was agreed to.

2: House, October 20, 1803, ¶ 2 (House1803.Oct20.2)

Mr. N. then moved a reference of the propositions to a committee of seventeen, composed of one member from each State; which motion was agreed to, and the following members named of the committee r Messrs, Dawson, Betton, Butler, Stanton, Dana, Elliot, J. Smith of New York, Smilie, Rodney, Nicholson, Stanford, Blackledge, G. W, Campbell, Winn, Meriwether, Morrow, and Lattimore.

3: House, October 20, 1803, ¶ 3 (House1803.Oct20.3)

Mr. Huger observed it would be recollected, by those gentlemen who had been members of the preceding Congress, that the propositions to designate the President and Vice President, in future elections, had originated in the SiateofNewYork, and been submitted to the consideration of Congress, in a resolution to that effect from the Legislature of that respectable State. It would be recollected howeverbygentlem>n,that the resolution in question, which had just been committed toaselect committee, was accompanied by another, having for its object to divide the United States into election, and, to a certain extent, permanent districts, in all future Presidential elections ; he thought therefore that, from respect to the State of New Yotk,thelatter as well as tbefirst proposition should receive the attention of the House, and be equally referred to ibe select committee.' He professed himself indeed to have little inclination or rather a great disinclination to make any changes in the Federal Constitution. He was sincerely attached to and perfectly satisfied with it as it now stands. The prosperity we had enjoyed under it, and the experience we had, made it a matter of great doubt with him, whether we should not lose more than we should nin by any alteration of this our great bond of Union. Nevertheless, as he wu aware that a change in the Constitutional provision for electing the President and Vice President was a favorite point with many gentlemen, and from everything he could collect would in some shape or other be eSecied, he thought, as he had before observed, that respect alone for the State in which the business had originated, should lead US to take up and consider both of the resolutions recommended to us by New York. He would acknowledge, moreover, that his Impressions were in general favorable to district elections. But as he presumed there would be no opposition to the motion for a reference to the committee of the resolution he held in his hand, he should not enter into any further argument in support of it. He would simply move, that the following resolution be submitted to the consideration of the select committee which had just been raised, viz :

4: House, October 20, 1803, ¶ 4 (House1803.Oct20.4)

Raohed, by the Senate and House nf RepreteiUativaofthe United Siala of America, in Congreu at- $embled, Iwo-lktnU of both Hoatet roneurring, That the following article be proposed to the Legislatures of the several States, sj an amendment to the Constitution of the United States, which, when ratified by three- (oarthH of the mid LogislBturea, shall be valid as part of the Constitution, to wit:

5: House, October 20, 1803, ¶ 5 (House1803.Oct20.5)

That the Stale LesiaktuieH >btII,&om time to time, divide each State into dtsttlcta, equal to the whole number of Senator! and Repreeentativca from such Stale in the Congren of the United State*; ; and shall direct the mode of choosing an Elector of President, and Vice President in each of the said districts, who shall be chosen by citizens having the qualifications requisite for ElectDra of the most numerous branch of the State Legislature ) and that the district! so to be constituted, shall consist, as nearly as may be, of contiguous territory and of equal proportion of population, except where there ma; be any detached portion of territory, not of itself sufficient to form a district, which then shall be annexed to some other portion nearest thereto ; which districts, when so divided, shall remain unaltered until a new census of the United States shall be taken.

6: House, October 20, 1803, ¶ 6 (House1803.Oct20.6)

The resolution was referred to the aforesaid committee— yeas 63.

7: House, October 20, 1803, ¶ 7 (House1803.Oct20.7)

Before the question of reference was taken, Mr. VarnuM inquired whether the concurrence of two-thirds, or of a simple majority, was required on points preliminary to the final adoption of amendments to the Constitution.

8: House, October 20, 1803, ¶ 8 (House1803.Oct20.8)

The Speaker observed that, according to the usage of the House, a simple majority was competent.

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