utive power should be vested in one person. A few days later Elbridge Gerry proposed that the Executive should be elected by the governors of the several States. This was negatived. On the 18th of June, Hamilton presented his draft of a constitution, according to which the choice of a single executive officer, a President, was to be made by electors chosen by the people very much as they are now actually chosen; and in case there was no choice by a majority of such electors, then an election from among the three highest candidates was to be made by a body of "second electors," two for each State, to be chosen by the first electors at the time of voting for a President, - who were to meet in one place and to be presided over by the Chief Justice. The perplexity of the Convention upon this subject is shown by the long discussions and the frequent reversals of decision. Having already decided that Congress should choose the President, the Convention rejected, on the 17th of July, an amendment providing for his selection "by electors appointed by the legislatures of the several States," and two days later adopted one almost in the same words: "to be chosen by electors appointed for that purpose by the legislatures of the States." Moreover, having fully determined that the term of office should be seven years, it voted, on the 19th of July, to make the term six years; and rejected an amendment that the President should not hold office more than six years out of twelve. The next day the Convention adopted Mr. Gerry's proposition regarding the number of electors. Massachusetts, Pennsylvania, and Virginia were to have three each; Connecticut, New York, New Jersey, Maryland, North Carolina, and South Carolina, two each; New Hampshire, Rhode Island, Delaware, and Georgia, one each; making twenty-five electors in all. Once more, on the 26th of July, the Convention reverted to the seven

years' term, with the provision of ineligibility for re-election. The whole subject was referred, on the same day, to a committee of five, which made a draft of a constitution in conformity with the resolutions of the Convention, and reported this clause with the rest on August 6:

ART. X., SEC. 1. The executive power of the United States shall be vested in a single person. His style shall be "The President of the United States of America;" and his title shall be "His Excellency." He shall be elected by ballot by the legislature. He shall hold his office during seven years, but shall not be elected a second time.

This article, combining Mr. Randolph's and Mr. Pinckney's plans, and rejecting the electoral plan which the Convention had approved, was the basis of future discussions. On the 24th of August many proposed amendments were voted on. The Convention refused to give the election to the people, and, in two different forms, to entrust the choice to electors. It also rejected amendments to give each State one vote for President, and it negatived a proposition to give a casting vote to the President of the Senate. It adopted two amendments, which made the third sentence of the article above quoted read as follows: "He shall be elected by joint ballot by the legislature, to which election a majority of the votes of the members present shall be required."

It will be noticed that up to this point no proposition for the choice of a Vice-President had been made. But on the 4th of September the committee of eleven, to whom, on the last day of August, "the questions not vet settled" had been referred, reported an entirely new scheme for an Executive of the United States. It was proposed to strike out all of Article X., Section 1, after the word "Excellency," and insert the following:

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. (A)

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 general government, directed to the President of the Senate. The President of the Senate shall, in that house, open all the certificates: and the votes shall then and there be counted. (B) The person having the greatest number of votes shall be President, if such number be a majority of the whole number of electors; and if there be more than one who have such majority, and have an equal number of votes, then the Senate shall choose by ballot one of them for President; but if no such person have such majority, then, from the five highest on the list, the Senate shall choose by ballot the President. And in every case, after the choice of a President, the person having the greatest number of votes shall be the VicePresident; 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 and assembling the electors, and the manner of certifying and transmitting their votes.

On the following days a great number of amendments were offered to this plan. Those which were adopted were few, and of these a still smaller number were material. At the place marked (A) was added the provision that "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." At the place marked (B) was added the phrase, “in the presence of the Senate and House of Representatives," — an important clause, as showing that the intention was that the President of the Senate should count, and that the two houses were present only as witnesses. The word แ "immediately" was first inserted in the direction that the Senate should choose the President, and then the whole

clause was struck out, and this was substituted: "The House of Representatives shall immediately choose by ballot one of them for President, the members of each State having one vote." The last paragraph was amended by adding words, so that it read as follows: "The legislature may determine the time of choosing and assembling the electors and of giving their votes, and the manner of certifying and transmitting their votes; but the election shall be on the same day throughout the United States."

On the 8th of September a committee was appointed "to revise the style and arrange the articles agreed to by the House." This committee reported on the 12th, and on the following day the articles were "read, debated by paragraphs, amended, and agreed to," and the Convention. adjourned on the 17th. The article, as finally adopted and ratified, under which the first four elections were held, is, in full, as follows:

ART. II., SEC. 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows:

Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

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 government of the United States, 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 ma

jority 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; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose 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. 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 by ballot the Vice-President.

The Congress may determine the time of choosing the electors and the day on which they shall give their votes; which day shall be the same throughout the United States.