CHAP. LVIII CHAP. LVIII. An ACT for the appointment of electors for the election of a president and vice-president of the United States. SECTION 1. W 1800 HEREAS it is ordained by Preamble the constitution of the Unit-. ed States of America, that each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the State may be entitled in the congress; And whereas by an act of the congress of the United States, entitled, "An act relative to the election of a president and vice-president of the United States, and declaring the officer who shall act as president in case of vacancies in the offices both of president and vice-president," It is enacted, That, except in case of an election of a president and vice-president of the United States, prior to the ordinary period as therein after specified, electors shall be appointed in each State, for the election of a president and vice-president of the United States, within thirty-four days preceding the first Wednesday in December, One thousand seven hundred and ninety-two, and within thirty-four days preceding the first Wednesday in December, in every fourth year succeeding the last election; which electors shall be equal to the number of senators and representatives to which the several States may by law be entitled at the time when the president and vice-president thus to be chosen, should come into office. AND WHEREAS no provision hath been made for the appointment of clectors by this State, for the choosing a president CHAP. 1800 and vice-president of the United States, on the first Wednesday in December next, agreeably to the said constitution and act of the congress: Be it therefore enacted, by the Senate and House of Representatives of the State of Delaware, in General Assembly met, That the Legislature of this State, The legislature at this present session of the general Assembly, to appoint elec- appoint three electors, for the election of a presitors every 4th dent and vice-president of the United States, to year. be made on the first Wednesday in December next; and that the Legislature of this State shall, within thirty-four days preceding the first Wednesday in December, in the year of our Lord, One thousand eight hundred and four, and within thirty-four days preceding the first Wednesday in December in every fourth year succeeding the year One thousand eight hundred and four, appoint electors for choosing a president and vice-president of the United States; which said electors so to be appointed, in the year One thousand eight hundred and four, and in every fourth succeeding year thereafter, shall be equal to the number of senators and representatives to which this State may by law be entitled at the time when the president and vice-president thus to be chosen, should come into office. Electors to be chosen by the joint ballot of the senate and sentatives. SECT. 2. And be it enacted, That the electors to be appointed at this present session of the general Assembly, and afterwards, shall be chosen by house of repre- the joint ballot of the senate and house of representatives convened together for that purpose; and that if an equal division of ballots shall appear for any two or more persons not being elected by a majority of votes, the speaker of the senate shall have an additional casting vote; and that in case the speaker of the senate shall be one of the persons balloted for, and equal in number of votes to any other person or persons, not being elected as aforesaid, then the speaker of the house of representatives shall have such additional casting vote; and in case the speaker of the house of representatives shall be also balloted for, and equal in number of votes to any other person or persons not being elected as aforesaid, then both houses shall proceed to ballot for a suitable person, who shall be a member of either house as chairman, who shall have the said additional casting vote. Electors to meet SECT. 3. And be it enacted, That the electors who shall be appointed by the legislature of this at the town of State, at this present session of the general Assem- Dover. bly, shall meet at the town of Dover, on the first Wednesday in December next, and they, or such of them as shall so attend, shall there give their votes for the election of a president and vice-president of the United States; and that the electors who may be appointed in the year One thousand eight hundred and four, and in every fourth year succeeding that year as aforesaid, shall meet at the town of Dover, on the first Wednesday in December next succeeding their appointments, and there give their votes for the election of a president and vice-president of the United States; and the same allowance of mileage and daily wages Their allowwhen travelling to, remaining at, and returning from the place aforesaid, shall be paid to them, and to each of them, as is by law allowed and paid, to members of the general Assembly of this State, the same to be paid by the treasurer of this State, on warrant, signed by the electors, and entered in the books of the auditor, out of any money not otherwise appropriated. SECT. 4. And be it enacted, That the general As- Legislature to sembly of this State shall meet at the town of Do- meet every 4th T |