November 30, 1803
The Senate resumed the cotuideration of the report on the amendment to the Constiiu'Iion aa amended yesterday, which was read, as follows; Beaohtd, by the Senate and Houtt of RepreienlaIhee of the United Statei of America, in Congrett atlembhd, two-thirdi ef both Houet* concurring. That tba £>Uowing amendoient b« piopoaed to the Lagiilatnimof the leTeral Suiea, u an unendmeiit to (he Con- ■titalion of ibe United Slates, nhich, nhen ritified b; lhre»-tbilrtbs of the said LcgUlaturea, ihall be valid to all intents and purposes sh a part of the laid CoiutituInaJiratureelectioDBorPreatdent and Vice Freaident, the Electors ihall name in their ballots the person voted fbi as Preeiilcnt, and in distinct ballota the person voted for as Vice Preaiilent, of whom one at least shall not be an inhabitant of the same Stale nith themselvea. The person voted for as President having a majority of the votes of all the Electors appointed, shall be the President; and if no person have such majority, then; frotn^e three highest on the list of those voted for as President, the House of Kepreientatives shall choose the Prendent. 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 sbsll consist of a member or members from two-thirds of the States, and a majority of all the States shall be necbssary to a choice. 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 toe two tughest nombers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall connst of two-thiids of ths whole number of Senators, and a m^ority of the whole number shall be necessary to a choific. But no person Constitotionally ineligible to the office of President, shall be eligible to that of the Vice Preddenl of the United States. be made against the difficulties which might ariae npoD an equality of votes between several caudidates. For example, though the amendment as it stands contemplates a choice from the three highest, (here may be four who have ei^ual numbers.
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1 connection
- quotes Amendment XII (suggested)
Mr. Wrioht said it was not possible, undei the designating ptiociple, for font jwrsons to have an 3ual nomDer, aud luve a majority of the whole the votes likewise.
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Mr. Adams thought thatsomeexplanalioD should begiveii of the principle upon which the rotes were to be counted ; and if it were to go to the House of Repreaentaiivea, whethei the choice was to be tnade from the three higheat numbers, even if three were unequal, or if only two were equal, in numbers, and the third being one of the highest, were still less in number than the other two.
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Mr. Bkadlbt said that, under the amendment as it DOW stood, a candidate with one vote may be chosen, (for there had been single votes,) and there being two candidates equal in votes, then the House of Representatives would have Ine power to choose the third. He would offer an amendmenl.
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Mr. Smith wished the gentleman would let his amendment lie over for the present, or it might be printed.
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Mr. TavLOB ihought that the word " higheat," in the eighteenth line, should be changed.
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Mr. Bdtleb. — It is evident gentlemen cannot agree among themselves. Now, if one side proposes one measure, and another a second measure, and BO on to a third and a fourth, (all of which appeared to him objectionable,) there was little prospect ofarriving St any useful coDclusioD. Yesterday we had heard of objections to exiteme cases, and yet all the arguments used were drawn from extreme cases. If they were data then, ther muai be data now. But it was very clear that toe real object was to take away from a portion of society every share of participation in (he choice of Vice President. If (he people could hot hai nile Bi ihem. Notwithstanding the respect which he personally bore for the gentleman from Virginia, (Mr. Taylob,) he did not completely explain, to bis satisfaction, the menace against the smatler States. As to those argumeuls which were employed against the election devolving on the other House, he thought it was paving the people a poor compliment to say they make a selection of Represeuiadves for that House in whom trust cannoC be placed, and that their delegates resemble tbo representatives of rotten English boroughs: this he Ihought an extreme case — an extremely hard ease. We bad been (old, also, that the people wished for the Dumber three. He should like to hava some other evidence than the hare opinion of genThe President called to order.
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Mr.BcTLER was willing to reserve what he had to say to a future time.
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The Pbesident observed the House was now. ready to receive amendments proposed by gentleMr. BcTLER thought the amendment of the member from Vermont should have the preference, as It was first offered.
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Mr. Bbadley's ameudmenl was caUed up, read, and lost— ayes 10, noes 20.
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A desultory presentation of amendmeDts, without going into detailed argument, now took place, in which Messrs. Jackson, Tatlob, Nicholas, Whioht, and Tract, took part; when
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Mr. Adams observed, from the multitude of amendments, it now became difficult to comprehend ii. He suggested the propriety of adjournins, so that the amendments might be all printed, which was agreed to.
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