Mr. Clark said, it appeared to him that the committee was creating difficulties where none before existed. He observed that the choosing these Electors was a privilege conferred on the people, and that this was merely pointing out the mode of exercising this privilege; he thought the clause stood very well and would create no uneasiness whatever.
Mr. Hillhouse said, he considered the provision improper. It imposed a duty on the Supreme Executives of the several States, which they might or might not execute; and thus the necessary certificates may not be made. He seconded the motion to strike out the clause, and proposed a substitute making it the duty of the Electors to procure for themselves the necessary certificates.
Mr. Livermore spoke in favor of the clause; he did not consider it either as an undue assumption of power, or degrading to the Executives of the respective States.
Mr. Barnwell said, a small addition to the clause would in his opinion obviate every difficulty; the words he proposed to insert were—"or such person as the Executive may appoint."
Mr. Sturges moved to strike out "Executive," and insert "the Legislature."
Mr. J. Smith said, it appeared to him that the proposed alteration would amount to exactly the same thing; for the duty of giving the certificate would eventually devolve on the Executive.
The motion for striking out the clause was negatived.
The ninth section provides, that in case of vacancies in the offices of President and Vice President, the President of the Senate pro tem., or the Speaker of the House of Representatives shall act as President.
Mr. White moved the section should be struck out. He said the House had formerly discussed the subject and could not agree; the first part of the bill is necessary; this is not of immediate importance to be attended to.
Mr. Fitzsimons said, he supposed the question must be determined some time or other, and he knew of no reason why it should not be decided at this time; to strike out the clause would, in effect, be to declare that the House could not agree.