JOINT RESOLUTION proposing amendments to the Constitution of the
United States.
Whereas the fifth article of the Constitution of the United States
provides for amendments thereto in the manner following, viz:
"The Congress, whenever two-thirds of both Houses shall deem it
necessary, shall propose amendments to this Constitution, or, on the
application of the legislatures of two-thirds of the several States,
shall call a convention for proposing amendments, which in either case
shall be valid to all intents and purposes as part of this Constitution
when ratified by the legislatures of three-fourths of the several States
or by conventions in three-fourths thereof, as the one or the other mode
of ratification may be proposed by the Congress: _Provided_, That no
amendment which may be made prior to the year 1808 shall in any manner
affect the first and fourth clauses in the ninth section of the first
article, and that no State, without its consent, shall be deprived of
its equal suffrage in the Senate:"
Therefore,
_Be it resolved by the Senate and House of Representatives of the United
States of America in Congress assembled (two-thirds of both Houses
concurring_), That the following amendments to the Constitution of the
United States be proposed to the legislatures of the several States,
which, when ratified by the legislatures of three-fourths of the States,
shall be valid to all intents and purposes as part of the Constitution:
"That hereafter the President and Vice-President of the United States
shall be chosen for the term of six years, by the people of the
respective States, in the manner following: Each State shall be divided
by the legislature thereof in districts, equal in number to the whole
number of Senators and Representatives to which such State may be
entitled in the Congress of the United States; the said districts to
be composed of contiguous territory, and to contain, as nearly as may
be, an equal number of persons entitled to be represented under the
Constitution, and to be laid off for the first time immediately after
the ratification of this amendment; that on the first Thursday in August
in the year 18--, and on the same day every sixth year thereafter, the
citizens of each State who possess the qualifications requisite for
electors of the most numerous branch of the State legislatures shall
meet within their respective districts and vote for a President and
Vice-President of the United States; and the person receiving the
greatest number of votes for President and the one receiving the
greatest number of votes for Vice-President in each district shall
be holden to have received one vote, which fact shall be immediately
certified by the governor of the State to each of the Senators in
Congress from such State and to the President of the Senate and the
Speaker of the House of Representatives. The Congress of the United
States shall be in session on the second Monday in October in the year
18--, and on the same day in every sixth year thereafter; and the
President of the Senate, in the presence of the Senate and House of
Representatives, shall open all the certificates, and the votes shall
then be counted. The person having the greatest number of votes for
President shall be President, if such number be equal to a majority of
the whole number of votes given; but if no person have such majority,
then a second election shall be held on the first Thursday in the month
of December then next ensuing between the persons having the two highest
numbers for the office of President, which second election shall be
conducted, the result certified, and the votes counted in the same
manner as in the first, and the person having the greatest number of
votes for President shall be President. But if two or more persons shall
have received the greatest and an equal number of votes at the second
election, then the person who shall have received the greatest number of
votes in the greatest number of States shall be President. The person
having the greatest number of votes for Vice-President at the first
election shall be Vice-President, if such number be equal to a majority
of the whole number of votes given; and if no person have such majority,
then a second election shall take place between the persons having the
two highest numbers on the same day that the second election is held for
President, and the person having the highest number of the votes for
Vice-President shall be Vice-President. But if there should happen to
be an equality of votes between the persons so voted for at the second
election, then the person having the greatest number of votes in the
greatest number of States shall be Vice-President. But when a second
election shall be necessary in the case of Vice-President and not
necessary in the case of President, then the Senate shall choose a
Vice-President from the persons having the two highest numbers in the
first election, as now prescribed in the Constitution: _Provided_,
That after the ratification of this amendment to the Constitution the
President and Vice-President shall hold their offices, respectively, for
the term of six years, and that no President or Vice-President shall be
eligible for reelection to a second term."
Sec. 2. _And be it further resolved_, That Article II, section I,
paragraph 6, of the Constitution of the United States shall be amended
so as to read as follows:
"In case of the removal of the President from office, or of his death,
resignation, or inability to discharge the powers and duties of said
office, the same shall devolve on the Vice-President; and in the case of
the removal, death, resignation, or inability both of the President and
Vice-President, the powers and duties of said office shall devolve on
the Secretary of State for the time being, and after this officer, in
case of vacancy in that or other Department, and in the order in which
they are named, on the Secretary of the Treasury, on the Secretary of
War, on the Secretary of the Navy, on the Secretary of the Interior, on
the Postmaster-General, and on the Attorney-General; and such officer,
on whom the powers and duties of President shall devolve in accordance
with the foregoing provisions, shall then act as President until the
disability shall be removed or a President shall be elected, as is or
may be provided for by law."
Sec. 3. _And be it further resolved_, That Article I, section 3, be
amended by striking out the word "legislature," and inserting in lieu
thereof the following words, viz: "Persons qualified to vote for members
of the most numerous branch of the legislature," so as to make the third
section of said article, when ratified by three-fourths of the States,
read as follows, to wit:
"The Senate of the United States shall be composed of two Senators from
each State, chosen by the persons qualified to vote for the members of
the most numerous branch of the legislature thereof, for six years, and
each Senator shall have one vote."
Sec. 4. _And be it further resolved_, That Article III, section I, be
amended by striking out the words "good behavior," and inserting the
following words, viz: "the term of twelve years." And further, that said
article and section be amended by adding the following thereto, viz:
"And it shall be the duty of the President of the United States, within
twelve months after the ratification of this amendment by three-fourths
of all the States, as provided by the Constitution of the United States,
to divide the whole number of judges, as near as may be practicable,
into three classes. The seats of the judges of the first class shall be
vacated at the expiration of the fourth year from such classification,
of the second class at the expiration of the eighth year, and of the
third class at the expiration of the twelfth year, so that one-third may
be chosen every fourth year thereafter."
The article as amended will read as follows:
Article III.
Sec. I. The judicial power of the United States shall be vested in one
Supreme Court and such inferior courts as the Congress from time to time
may ordain and establish. The judges, both of the Supreme and inferior
courts, shall hold their offices during the term of twelve years, and
shall at stated times receive for their services a compensation which
shall not be diminished during their continuance in office; and it shall
be the duty of the President of the United States, within twelve months
after the ratification of this amendment by three-fourths of all the
States, as provided by the Constitution of the United States, to divide
the whole number of judges, as near as may be practicable, into three
classes. The seats of the judges of the first class shall be vacated at
the expiration of the fourth year from such classification; of the
second class, at the expiration of the eighth year; and of the third
class, at the expiration of the twelfth year, so that one-third may be
chosen every fourth year thereafter.
WASHINGTON, D.C., _July 18, 1868_.
_To the House of Representatives_:
In compliance with the resolution adopted by the House of Representatives
on the 13th instant, requesting "copies of all instructions, records,
and correspondence connected with the commission authorized to negotiate
the late treaty with the Great and Little Osage Indians, and copies of
all propositions made to said commission from railroad corporations or
by individuals," I transmit the accompanying communications from the
Secretary of the Interior, together with the papers to which they have
reference.