On a motion that the eventual election of Presidt in case of an equality of the votes of the electors be referred to the House of Reps
N. H. ay. Mas. ay. N. J. no. Pa ay. Del. no. Md no. Va ay. N. C. ay. S. C. ay. Geo. ay.
Mr King moved to add to the amendment of Mr Sherman "But a quorum for this purpose shall consist of a member or members from two thirds of the States, and also of a majority of the whole number of the House of Representatives."
Col: Mason liked it as obviating the remark of Mr Madison–The motion as far as "States" inclusive was agd to. On the residue to wit, "and also of a majority of the whole number of the House of Repss." it passed in the negative.
N. H. no. Mas. ay. Ct ay. N. J. no. Pa ay. Del. no. Md no. Va ay. N. C. ay. S. C. no. Geo. no.
The Report relating to the appointment of the Executive stands as amended, as follows.
"He shall hold his office during the term of four years, and together with the vice-President, chosen for the same term, be elected in the following manner.
Each State shall appoint in such manner as its Legislature may direct, a number of electors equal to the whole number of Senators and members of the House of Representatives, to which the State may be entitled in the Legislature:
But no person shall be appointed an Elector who is a member of the Legislature of the U. S. or who holds any office of profit or trust under the U. S.
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 General Government, 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 & 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 majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President, the Representation from each State having one vote. But if no person have a majority, then from the five highest on the list, the House of Representatives shall in like manner choose by ballot the President. In the choice of a President by the House of Representatives, a Quorum shall consist of a member or members from two thirds of the States, ( [56]and the concurrence of a majority of all the States shall be necessary to such choice.)–And in every case after the choice of the President, the person having the greatest number of votes of the Electors shall be the vice-president: But, if there should remain two or more who have equal votes, the Senate shall choose from them the vice-President. [57]
[ [56] Note.–This clause was not inserted on this day, but on the 7th. of Sepr–See Friday the 7th.–Madison's Note.
[ [57] September 6 Madison wrote to Jefferson (cipher represented by italics): "... As the Convention will shortly rise I should feel little scruple in disclosing what will be public here, before it could reach you, were it practicable for me to guard by Cypher against an intermediate discovery. But I am deprived of this resource by the shortness of the interval between the receipt of your letter of June 20 and the date of this. This is the first day which has been free from Committee service, both before & after the hours of the House, and the last that is allowed me by the time advertised for the sailing of the packet.
"The Convention consists now as it has generally done of Eleven States. There has been no intermission of its Sessions since a house was formed, except an interval of about ten days allowed a Committee appointed to detail the general propositions agreed on in the House. The term of its dissolution cannot be more than one or two weeks distant. A Govermt will probably be submitted to the people of the States, consisting of a President, cloathed with Executive power; a Senate chosen by the Legislatures, and another House chosen by the people of the States, jointly possessing the Legislative power; and a regular Judiciary establishment. The mode of constituting the Executive is among the few points not yet finally settled. The Senate will consist of two members from each State, and appointed sexennially. The other, of members, appointed biennially by the people of the States, in proportion to their number. The Legislative power will extend to taxation, trade, and sundry other general matters. The powers of Congress will be distributed, according to their nature, among the several departments. The States will be restricted from paper money and in a few other instances. These are the outlines. The extent of them may perhaps surprize you. I hazard an opinion nevertheless that the plan, should it be adopted, will neither effectually answer its national object, nor prevent the local mischiefs which everywhere excite disgusts agst the State Governments. The grounds of this opinion will be the subject of a future letter.