themselves. And they shall make a list of
all the persons voted for, and of the number
of votes for each; which list they 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
then having the greatest number of votes shall
be 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
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
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 the 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.
According to this clause, we note that the electors voted for two persons without stating which was to be President and which Vice-President. In the official count, the candidate receiving the highest number of votes, provided it was a majority of the whole number of the electoral votes, became President, and the one receiving the next highest became Vice-President.
Election of 1796.—In the election of 1796, John Adams, who received the highest number, seventy-one, out of one hundred and thirty-two electoral votes, was elected President. Thomas Jefferson, his opponent, became Vice-President, having received sixty-eight votes, or the next highest number. Thus there were elected a President of one party and a Vice-President of the opposing party.
Election of 1800.—The election of 1800 also showed the plan to be impracticable. At this time, the Democratic-Republican party was determined to have Mr. Jefferson for President and Aaron Burr for Vice-President. They both received seventy-three votes, a majority of all the votes. But since the number was equal, it devolved upon the House of Representatives to determine whether Jefferson or Burr should be President. For seven days the House was in continuous session, and civil war threatened. On the thirty-sixth ballot, however, Jefferson received the votes of ten States out of sixteen, and was elected.
In order to prevent a recurrence of the conditions which obtained in 1796, or of the dangers incident to a contest like that of 1800,


