Mr. TRACY said he denied that the question was fairly decided. He took it
to be the intention of the constitution, that there should be two-thirds
of the whole number of Senators elected, which would make the number
necessary to its passage 23.
It was moved to adjourn to Monday.
Mr. TAYLOR said that since it was proposed to adjourn to Monday, when he
should be disqualified to sit in that House, he hoped the Senate would
not rise without deciding the question definitively on the gentleman’s
objections.
Mr. TRACY said he certainly would avail himself of the principle to
oppose its passage through the State Legislatures.
The PRESIDENT declared the question had passed the Senate by the majority
required, and conformable to the constitution and former usage.
The amendment, as adopted, is as follows:
_Resolved, by the Senate and House of Representatives of the
United States of America in Congress assembled, two-thirds of
both Houses concurring_, That, in lieu of the third paragraph
of the first section of the second article of the Constitution
of the United States, the following be proposed as an amendment
to the Constitution of the United States, which, when ratified
by three-fourths of the Legislatures of the several States,
shall be valid, to all intents and purposes, as part of the
said Constitution, to wit:
The Electors shall meet in their respective States and vote
by ballot for President and Vice President, one of whom, at
least, shall not be an inhabitant of the same State with
themselves; they shall name in their ballots the person voted
for as President, and, in distinct ballots, the person voted
for as Vice President; and they shall 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 shall sign and certify, and transmit sealed to
the seat of 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 for
the President, shall be the 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
shall choose, immediately, by ballot, 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. And if the House of
Representatives shall not choose a President, whenever the
right of choice shall devolve upon them, before the fourth day
of March next following, then the Vice President shall act as
President, as in the case of death or any other constitutional
disability of the President.
The person having the greatest number of votes as Vice
President, shall be the 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 shall choose the Vice President; a
quorum for the purpose shall consist of two-thirds of the
whole number of Senators, and a majority of the whole number
shall be necessary to a choice. But no person constitutionally
ineligible to the office of President, shall be eligible to
that of Vice President of the United States.
_Ordered_, That the Secretary request the concurrence of the House of
Representatives in this resolution.
MONDAY, December 5.
_Impressment of Seamen._
The following messages were received from the PRESIDENT OF THE UNITED
STATES:
_To the Senate of the United States_:
In compliance with the desire of the Senate, expressed in
their resolution of the 22d of November, on the impressment of
seamen in the service of the United States, by the agents of
foreign nations; I now lay before the Senate a letter from the
Secretary of State, with a specification of the cases of which
information has been received.