Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/332

to an amendment of the constitution in several respects, materially changing the mode of election of president. In the first place it provides, that the ballots of the electors shall be separately given for president and vice-president, instead of one ballot for two persons, as president; that the vice-president (like the president) shall he chosen by a majority of the whole number of electors appointed; that the number of candidates, out of whom the selection of president is to be made by the house of representatives, shall be three, instead of five; that the senate shall choose the vice-president from the two highest numbers on the list; and that, if no choice is made of president before the fourth of March following, the vice-president shall act as president.

§ 1461. The amendment was proposed in October, 1803, and was ratified before September, 1804,^[1] and is in the following terms.

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-president; and they shall make distinct fists 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 government of the United States; directed to the president of the senate;—the presi- dent of the senate shall, in the presence of the senate and house of representatives, open all the certificates,

---

1. Journal of Convention, Supp. 484, 488.