scribed by Law; but in a great majority of States, the choice of electors is, in accordance with the clear sense and expression of public opinion, as well as with the spirit of the Constitution, referred to the People at large.

162. Congress may determine the time of choosing the electors; and has prescribed by Law that they shall be chosen within thirty-four days previous to the election of the President.

163. Congress has also a discretionary power to appoint the day on which the electors shall give their votes, which must be the same day throughout the Union; and is, in like manner, fixed for the first Wednesday in December in every fourth year succeeding the last election. But the place for the meeting of the electors is left to the discretion of the State Legislatures, and is usually the seat of the State Government.

164. The electors, when assembled on the day appointed, within their respective States, and duly organized by the appointment of a Chairman and Secretary from amongst themselves, and by the votes of those present, filling up vacancies occurring from death or absence, proceed to vote by ballot for two persons, one of whom, at least, must not be an inhabitant of the same State with themselves.

165. According to the original Constitution, the electors were not to designate, by their ballots, which of the two persons voted for, was intended as President, and which as Vice President; which last officer was nevertheless to be elected at the same time, in the same manner, and for the same term, as the President; but it merely provided that the person having the greatest number of aggregate votes should be

President, if such number were a majority of the whole number of electors; and that the person having the next greatest number, if constituting such majority, should be Vice President.

166. But a subsequent amendment of the Constitution requires the electors to name, in distinct ballots, the persons voted for as President and Vice President; and declares that the person having the greatest number of votes for President shall be President, if such number be a majority of the whole number of electors appointed; and that the person having the greatest number of votes for Vice President, if constituting such majority, shall be Vice President.

167. The electors in the several States are then to make distinct lists of all persons voted for as President, and of all voted for as Vice President; and of the number of votes given for each respectively; which lists they are required by Law to sign and certify, and transmit sealed to the seat of Government of the United States.

168. The Act of Congress also directs the certificates of the votes to be delivered before the first Wednesday in January next ensuing the election, to the President of the Senate, who, before the second Wednesday in February thereafter, in the presence of both Houses of Congress, opens all the certificates; when the votes are counted, and the result declared.

169. The Constitution does not declare by whom the votes are to be counted and the result declared; but the practice has been for the President of the Senate to perform those duties; the two Houses of Congress being present to witness the proceedings, and to be prepared to act in case no choice be made by the electors.

170. The person having the requisite number of votes for President, is declared to be elected to that office. But if no person have such number, then, from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives are immediately by ballot to choose the President.

171. In thus choosing the President, the votes are taken by States; the representation from each State having one vote. A quorum for this purpose consists of a member or members from two-thirds of the States, and a majority of all the States is necessary to a choice.

172. Although the Constitution directs the choice in this case to be made immediately by the House of Representatives, yet the amendment expressly declares their choice to be valid if made before the fourth day of March following the day on which the electoral votes are counted and the result declared.

173. In case no choice of President be made by the House of Representives, within the period limited for that purpose, the Vice President acts as President, as in the case of the death, or constitutional disability of the President.

174. The person found to have the requisite number of votes, upon the counting of the same in the presence of both Houses of Congress, is declared to be Vice President; but if no person have such number, then from the two highest numbers on the list, the Senate choose the Vice President: a quorum for that purpose consists of two-thirds of the whole number of Senators, and a majority of the whole is necessary to a choice. But no person constitutionally ineligible to the office of President, is eligible to that of Vice President.

175. The Constitution, as amended, does not prescribe the time and place, when and where the Senate is to choose the Vice President in case no choice be made by the electors; but from analogy to the provision and practice in regard to the President, it is presumed that the Senate may elect by themselves at their ordinary place of meeting, and at any time previous to the ensuing fourth of March.

176. Congress has by Law provided that the term of four years, for which the President and Vice President are elected, shall commence on the fourth day of March next succeeding the day on which the votes of the electors are given; and the amendment of the Constitution adopts the same day as the limitation of the period within which the House of Representatives, in case of no choice by the electors, are to elect the President.

177. The effect, therefore, of this amendment, is to render the provisions of the Act of Congress relative to the times appointed for the several duties enjoined by the Constitution, and the amendment in regard to the election of President and Vice President, as fundamental and permanent as the Constitution itself.

178. The appointment of an extraordinary person as Vice President of the United States, and ex officio President of the Senate, is recommended principally by two considerations: the first is, that to secure at all times a definite resolution of the Senate, it is necessary that the President of that body should have a casting vote; and to take a Senator from his seat as such, and place him in that of the presiding officer, would, in regard to the State he represents, be to exchange a constant, for a contingent, vote.

179. The other consideration is, that as the Vice President may occasionally become a substitute for the President in the supreme executive office, all the reasons which recommend the mode of election prescribed in the first instance for the one, apply with great, if not with equal force, to the other.

180. The powers and duties of the President devolve on the Vice President, not only when no choice is made of a President either by the electors or the House of Representatives, but also in case of the removal of the President from office, or of his death, resignation, or inability to discharge his duties; and Congress are authorized to provide by Law for the case of a vacancy in both offices.

181. In pursuance of this power, Congress has declared, that in the event of such vacancies, the President of the Senate pro tempore, and, in case there should be no President of the Senate, the Speaker of the House of Representatives, should act as President of the United States until the vacancy should be supplied..

182. The evidence of a refusal to accept, or of a resignation of the office of President or Vice President, is declared by the same law to be a declaration in writing filed in the office of the Secretary of State.

183. As it may become a question who would be the person to succeed if the office of President should devolve on the Speaker, after the Congress for which he was chosen has expired, it is usual for the Vice President to withdraw from the Senate previously to the adjournment of the session, in order to afford an opportunity to that body to choose a President pra tempore.

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