voted for as Vice-President, and they must make distinct lists 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 must sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate. The President of the Senate is required, in presence of the Senate and House of Representatives, to open all the certificates, and the votes must then be counted. The person having the greatest number of votes for President is President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives must choose immediately, by ballot, the President. But, in choosing the President, the votes must be taken by states, the representation from each state having one vote. A quorum for this purpose consists of a member or members from twothirds of the states, and a majority of all the states are necessary to a choice. And if the House of Representatives do not choose a President whenever the right of choice devolves upon them, before the fourth day of March next following, then the VicePresident acts as President, as in the case of the

death or other constitutional disability of the President. The person having the greatest number of votes as Vice-President is Vice-President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate must choose the Vice-President; a quorum for the purpose consists of two-thirds of the whole number of Senators, and a majority of the whole number is necessary to a choice. But no person constitutionally ineligible to the office of President is eligible to that of Vice-President of the United States.*

* The present mode, as described in the text, of electing the President and Vice-President, is different from the mode originally provided by the Constitution. But, in the year 1804, the Constitution was amended, and the amendment superseded the original clause. It may be useful, however, for reference and comparison to insert the original provision in this place. It is as follows:

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 government of the United States, 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 a majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them

Time of Election.

255. Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

256. By an Act of Congress, passed in 1845, the electors are required to be chosen in each state on the Tuesday next after the first Monday in November. By a previous Act, passed March 1, 1792, the electors are directed to meet in their respective states, at a place appointed by the legislature thereof, on the first Wednesday in December in every fourth year succeeding the last election, and vote by ballot for President and Vice-President. They are then to make and sign their certificates of all the votes by them given, and to seal up the same, certifying on each that a list of the votes of such state for President and Vice-President is contained therein; and

for President; and if no person have a majority, then, from the five highest on the list, the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by states; the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be Vice-President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice-President.

appoint a person to take charge of and deliver one of the certificates to the President of the Senate, at the seat of government, before the first Wednesday of the next ensuing January; another of the certificates is to be forwarded forthwith by the Post-office to the President of the Senate at the seat of government; and the third is to be delivered to the judge of the district in which the electors assembled.

257. The President of the Senate, on the second Wednesday in February succeeding every meeting of the electors, in the presence of both Houses of Congress, opens all the certificates, and the votes are then counted and the result declared. It will be observed that the Constitution does not determine how questions which may arise as to the regularity and authenticity of the returns of the electoral votes, or the right of the persons who gave the votes, or the manner or circumstances in which they ought to be counted, shall be decided. In the absence of any rule as to the jurisdiction or mode of proceeding in such cases, a partisan majority in Congress, as has been justly remarked, may always have the power to defeat the will of the people in the count, or to precipitate civil war. It is provided by law, that the term of four years, for which a President and Vice-President shall be chosen, shall, in all cases, commence on the fourth day of March next succeeding the day on which the votes of the electors shall have been given.

Qualifications for President.

258. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of the Constitution, is eligible to the office of President; neither is any person eligible to that office who has not attained to the age of thirty-five years, and been fourteen years a resident within the United States.

259. Were foreigners or naturalized citizens eligible to the office of President, foreign powers might have an opportunity to intermeddle in our affairs. They might aid by money or other influences in elevating to the Presidency men of foreign birth and predilections, and the interests of the country be thus put in jeopardy. The exception in favor of such persons of foreign birth as were citizens of the United States at the time of the adoption of the Constitution, is now practically extinct. The distinguished patriots who had so faithfully served their adopted country during the revolutionary struggle, and out of respect and gratitude to whom this exception was introduced into the Constitution, have all passed away. No one, therefore, but a natural born citizen can now be elected to the office of President.

260. In respect to the qualification of age, it will be observed that the Constitution has established a gradation, as it were, in the legislative and executive