Term of service.

Mode of electing President.

Electors for

&c.

was thought to be sufficiently long, to give stability and vigour to the administration of the President; while it is so short, as to keep alive a sense of his dependence upon public approbation.

The mode of electing this important officer was next to be settled, and required the greatest wisdom and care. "The mode of his appointment," says Chancellor Kent, 66 presented one of the most difficult and momentous questions that could have occupied the deliberations of the assembly which framed the Constitution; and if ever the tranquillity of this nation is to be disturbed, and its peace jeopardized, by a struggle for power among themselves, it will be upon this very subject of the choice of a President. This is the question that is eventually to test the goodness, and try the strength of the Constitution; and if we shall be able, for half a century hereafter, to continue to elect the Chief Magistrate of the Union, with discretion, moderation, and integrity, we shall undoubtedly stamp the highest value on our national character, and recommend our republican institutions, if not to the imitation, yet certainly to the esteem and admiration of the more enlightened part of mankind."

The plan adopted shows that the framers President, of the Constitution were fully aware of the difficulties attending it, and endeavoured to avoid them. To give the election to the whole body of the people, would have been

* 1 Kent's Comm. 253.

dent, &c.

a dangerous experiment. The excitement it Electors might produce, and the intrigue it would occa- for Presision, might convulse the whole country. It was therefore confided to a small body of electors, appointed in each State under the direction of the Legislature; and, that there might be no opportunity of negotiation and intrigue among the electors, Congress is authorized to determine the time of choosing them, and the day on which they shall give their votes, which day shall be the same throughout the United States. Under this authority, an act of Congress has been passed, requiring the appointment of electors to be made, in each State, within thirty-four days of the day of election; which, by the same act, is to be the first Wednesday in December every fourth year.

in

The Constitution directs that each State Their apshall appoint, in such manner as the legis-pointment. lature thereof may direct,* a number of electors equal to the whole number of Senators and Representatives, to which the State may be entitled in Congress. According to the last apportionment of Congress, the whole number of electors is two hundred and eighty-eight. To prevent any improper influence from being exerted, by the person in office, it is provided that no Senator or representative, or person holding any office of trust or profit, under the United States,

*The mode of appointing electors is different in the several States, according as it has been fixed by their respective Legislatures. In some, they are appointed by the Legislature without a popular election; in others, the State is divided into electoral districts, in each of which an elector is chosen by the people; but in most of the States, they are elected by a general ticket throughout the whole State.

Their ap- shall be appointed an elector. No other repointment. striction or qualification is mentioned in the Constitution.

Their

method of

voting.

The electors are to meet in their respective States, at the place appointed by the Legislature, on the day fixed by Congress; 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 President; 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. By the Constitution, as originally framed, there was no distinction made, in the ballots, between the two persons voted for, but the person having the greatest number of votes was to be President; and the next highest on the list was to be Vice President. By this mode, it might happen that two persons might have the same number of votes, and the House of Representatives would have to determine between them; though it might be well known which was intended by the electors to be President, and which Vice President. This actually occurred in the year 1801; when Mr. Jefferson and Col. Burr were returned, as having an equal number of votes; and for some time it was doubtful, whether the intention of the electors would not be defeated by the election of the latter. In consequence of this, the Constitution was altered, so as to require distinct votes for President, and Vice President.

The lists of votes are to be signed and Their votes certified by the electors; and transmitted, opened. sealed, to the seat of government of the United States, directed to the president of the Senate. The president of the Senate, in the presence of the Senate and House of Representatives, opens all the certificates, and the votes are then counted. The person having the greatest number of votes for President, is President, if such number be a majority of the whole number of electors appointed.

If no person have such majority, then, Choice by from the persons having the highest numbers, the House. not exceeding three, on the list of those voted for as President, the House of Representatives shall immediately choose, 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 twothirds of the States; and a majority of all the States is necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve on them, before the fourth day of March next following; then the Vice President shall act as President; as in the case of the death, or other constitutional disability of the President.

Vice Presi

The person having the greatest number of Choice of votes as Vice President, is Vice President; det if such number be a majority of the whole number of electors appointed; and if no person have a majority, then, from the two

Choice of highest numbers on the list, the Senate shall Vice Presi- choose the Vice President. A quorum for

dent.

The object

this purpose consists of two-thirds of the whole number of Senators, and a majority of the whole number is necessary to a choice. No person, constitutionally ineligible to the office of President, shall be eligible to that of Vice President of the United States.

The theory of this mode of election eviof this plan. dently is, that the people should delegate their right of choice to a select body of men, in whose judgment they could confide, and with whom it would rest to elect the persons, in their opinions, best qualified for the stations. This would prevent any violent excitement in the popular elections, and all intrigue among the electors; since the uncertainty, who would be selected, and the shortness of the time between their appointment and the election of President, would render it impossible to exercise an improper influence over them.

But it was hardly to be expected, that the people would be willing thus to part with their control over the election of their chief magistrate; and in practice, it has been found that very little discretion is left to the electors. They are appointed with a positive pledge, or an explicit understanding, that they will vote for particular candidates; and the people thus vote, in fact, for President and Vice President; though, nominally, only for electors.

When the election devolves upon the House of Representatives, in consequence of