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D ESOLVED by the Senate and House of Repre
sentatives of the United States of America in Congress assembled, two thirds of both Houses concuring. That in lieu of the third paragraph of the first section of the second article of the Constitution of the Unia ted States, the following be proposed as an Amendment to the Constitution of the United States, which, when ratified by three-fourths of the Legislatures of the several States, shall be valid, to all intents and purposes, as part of the said Constitution, to wit:
The Electors shall meet in their respective States, and vote, by ballot, for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name, in their ballots, the person voted for as President, and, in distinct ballots, the person voted for as Vice-Presis dent, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists 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.---Thè 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 for President, shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then from the person having the highest numbers, not exceeding three on. the list of those voted for as Pesident, the House of Representatives shall choose immediately, by ballot, 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. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March then next following, then the Vice-President shall act as President, as in case of the death or other constitutional disabilty of the President.
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 the two highest numbers on the list, the Senate shall choose the Vice-President-a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person, constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.
Q After long and very interesting debates in both Houses, the question was brought to a decision in the Senate, at half past 9 o'clock on Friday evening the 2d of December 1803, when the Yeas and Nays were as follows :YEAS-Messrs. Anderson, Bailey, Baldwin, Bradley, Brecken.
ridge, Brown, Cocke, Condit, Ellery, Franklin, Jackson, Lo. gan, Maclay, Nicholas, Potter, Ifrael Smith, John Smith,
Sam. Smith, Stone, Taylor, Worthington, Wright-22. NAYS-Messrs. Adams, Butler, Dayton, Hillhouse, Olcott, Piem kering, Plumer, Tracy, Wells, White-10.
The above Resolution being sent to the House of Representatives, on Friday the 9th, the vote was taken, and there appeared YEAS-Meffrs. Alston, jun. Alexander, Anderson, Archer, Bard,
Bedinger, Blackledge, Boyle, Brown, Bryan, Butler, G.Campbell, Cafey, Claiborne, Clay, Clopton, Conrad, Crownenthield, Cutts, Dawson, Dickson, Earl, Early, Eppes, Findly, Fowler, Gillespie, Goodwyn, Gray, Gregg, Hammond, Hanna, Har. brook, D.Heifter, Jof.Heifter, Holland, Holmes, jackson, Jones Kennedy, Knight, Leib, Lucas, Lyon, M'Cord, M Creery, Meriwether, Mitchell, Nich.R. Moore, Tho.Moore, Morrow, New, Newton, jun. Olin, Palmer, Patterson, John Randolph, jun. Tho.M.Randolph, John Rea (Penn.) John Rhea (Ten.) Richards, Cæfar A. Rodney, Root, Sammons, Sandford, Skinner, Smilie, JohnSmith (N.York), Stanford, Stanton, Stewart, Thomas, Thompson, A. Trigg, JohnTrigg, If.Van Horne, Ver. plank, Walton, Whitehill, Williams, Winn, Winston, Wynns
--83-And the Speaker, Mr. Macon-in all 84. NAYS-Messrs. Baldwin, Betton, Bishop, John Campbell, Wm.
Chamberlin, Chittenden, Clagget, Math.Clay, Cutler, Dana, Davenport, Dennis, Dwight, Elliot, Euftis, Goddard, Gaylord Griswold, RogerGriswold, Hastings, Hoge, Hough, B.Huger, Hunt, Jof.Lewis, jun. Tho.Lewis, H.W.Livingston, Lowndes, N.Mitchell, Plater, Purviance, Seaver, John C.Smith, Stedman Stephenson, Taggert, Talmage, Tenney, Thatcher, Tibbits, Varnum, Wadsworth, Williams-42
The AMENDMENT has been transmitted to the different States of the Union for their approbation or rejection.
An ACT Erecting Louisiana into two Territories, and providing for
the temporary Government thereof. .
DE IT ENACTD, by the Senate and House of RepreD sentatives of the United States of America, in Congress assembled, That all that portion of country ceded by France to the United States, under the name of Louisia ana, which lies south of the Mississippi territory, and of an east and west line to commence on the Mississippi River, at the 32d degree of North latitude, and to extend west to the western boundary of the said cession, shall constitute a territory of the United States, under the name of the Territory of Orleans ; the government whereof shall be organized and administered as follows:
Sect. 2. The executive power shall be vested in a Governor,who shall reside in the said territory, and hold his office during the term of three years, unless sooner removed by the President of the United States. He shall be Commander in Chief of the militia of the said territory; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the President of the United States thereon shall be made known ; and to appoint and to commission all officers, civil, and of the militia, whose appointments are not herein otherwise provided for, and which shall be estab, lished by law. He shall take care that the lays be faith, fully executed.
Sect. 3. A Secretary of the territory shall also be appointed, who shall hold his office during the term of four years, unless sooner removed by the President of the United States, whose duty it shall be, under the direction of the Governor, to record and preserve all the papers and proceedings of the executive, and all the acts of the Governor and Legislative Council, and transmit authentic copies of the proceedings of the Governor, in his executive department, every six months, to the President of the United States. In case of the vacancy of the office of Governor, the government of said territory shall devolve on the Secretary.
SECT. 4. The legislative powers shall be vested in the Governor, and in 13 of the most fit and discreet persons of the territory, to be called the Legislative Council, who shall be appointed annually by the President of the United States, from among those holding real estate therein, and who shall have resided one year, at least, in the said territory, and hold no office of profit under the territory, or the United States. The Governor, by and with the advice of the said Legislative Council, or of a majority of them, shall have power to alter, modify, or repeal the laws which may be in force at the commencement of this Act. Their legislative powers shall also extend to all the rightful powers of legislation ; but no law shall be valid, which is inconsistent with the Constitution and Laws of the United States, or which shall lay any person under restraint, burthen, or disability, on account of his religious opinions, profession, or worship ; in all which he shall be free to maintain his own, and not burthened for those of another. The Governor shall publish throughout the said territory, all the laws which shall be made, and shall, from time to time, report the same to the President of the United States, to be laid before Congress ; which if disapproved of by Congress, shall thenceforth be of no force. The Governor, or Legislative Council, shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the said territory.