Col. MASON liked it, as obviating the remark of Mr. Madison.
The motion, as far as "states," inclusive, was agreed to. On the residue, to wit,—
"and also of a majority of the whole number of the House of Representatives,"
it passed in the negative.
Massachusetts, Connecticut, Pennsylvania, Virginia, North Carolina, ay, 5; New Hampshire, New Jersey, Delaware, Maryland, South Carolina, Georgia, no, 6.254
The report relating to the appointment of the executive stands, as amended, as follows:—
"He shall hold his office during the term of four years; and, together with the Vice-President, chosen for the same term, be elected in the following manner:—
"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.
"But 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.
"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 general government, 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 majority 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; the representation from each state having one vote. But if no person have a majority, then from the five highest on the list the House of Representatives shall, in like manner, choose by ballot the President. In the choice of a President by the House of Representatives, a quorum shall consist of a member or members from two thirds of the states, [and the concurrence of a majority of all the states shall be necessary to such choice.[1]] And 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 the Vice-President.
"The legislature may determine the time of choosing the electors, and of their giving their votes; and the manner of certifying and transmitting their votes; but Die election shall be on the same day throughout the United States."
Adjourned.
In Convention.—The mode of constituting the executive being resumed,—
Mr. RANDOLPH moved to insert, in the first section of the report made yesterday, the following:—
"The legislature may declare by law what officer of the United States shall act as President, in case of the death, resignation, or disability of the President and Vice-President; and such officer shall act accordingly, until the time of electing a President shall arrive."
Mr. MADISON observed that this, as worded, would prevent a supply of the vacancy by an intermediate election of the President,
