Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/321

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CH. XXXVI.]
EXECUTIVE—CHOICE OF PRESIDENT.
313
the senate shall choose from them by ballot the vice-president.

§ 1449. It has been already remarked, that originally in the convention the choice of the president was, by a vote of eight states against two, given to the national legislature.[1] This mode of appointment, however, does not seem to have been satisfactory; for a short time afterwards, upon a reconsideration of the subject, it was voted, by six states against three, one being divided, that the president should be chosen by electors appointed for that purpose; and by eight states against two, that the electors should be chosen by the legislatures of the states.[2] Upon a subsequent discussion, by the vote of seven states against four, the choice was restored to the national legislature.[3] Towards the close of the convention the subject was referred to a committee, who reported a scheme, in many respects, as it now stands. The clause, as to the mode of choice by electors, was carried, by the vote of nine states against two; that respecting the time, and place, and manner of voting of the electors, by ten states against one; that respecting the choice by the house of representatives, in case no choice was made by the people, by ten states against one.[4]

§ 1450. One motive, which induced a change of the choice of the president from the national legislature, unquestionably was, to have the sense of the people
  1. Journal of Convention, 68, 92, 136, 224, 225; id. 286, 287.
  2. Journal of Convention, 190, 191.
  3. Id. 200. See id. 286, 287.
  4. Journal of Convention, 324, 333, 334, 335, 336, 337.—The committee of the convention reported in favour of a choice by the senate, in case there was none by the people. Journal of Convention, 325.

vol. iii.40