calculated to prevent the evils and secure the benefits, as far as possible, of both a short and a long term.

$455. The presidential term of office commences on the fourth day of March next after the election. It was on this day of the year 1789, that the government under the constitution went into effect; and it is, consequently, the day on which every new house of representatives and one third of the senate commence their official term.

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§ 456. "Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal "to the whole number of senators and representatives to "which the state may be entitled in the congress; but no "senator or representative, or person holding an office of "trust or profit under the United States, shall be appointed "an elector."-Art. 2, sec. 1, cl. 2.

§ 457. The objects to be secured by the election of a president by a small number of electors, were various. It was thought that a small number of men, selected by their fellowcitizens, would be more competent to make a choice of a person possessing the necessary qualifications for so important an office. It was supposed also that less tumult and disorder would attend the election of chief magistrate in the manner provided, than by an election by the people at large. Though the mode of choosing the president through an intermediate body of electors may be liable to as few objections as any other mode, yet it is at least questionable whether either of the above mentioned advantages have, in practice, been realized. The candidates for presidential electors being selected for their known preference of the very individual for whom the people themselves would vote if the election were made by them immediately, it is probable that the election of electors is attended with as much heat and tumult, as the election of the president by the direct vote of the people would be.

§ 458. The manner of appointing electors in the different states is not uniform. In some of the states, the electors are appointed by the legislature. In others, they are chosen by

§ 455. When does the term commence? § 456. How are electors of president chosen? § 457. For what reasons was the mode of election by a small number of electors adopted? § 458. How are electors ap

the people in districts. By this mode, a number of electors, equal to the number of members of the house of representatives to which a state is entitled in congress, are chosen by the people in the several congressional districts, as their representatives are elected. These electors, so chosen, then meet and appoint the two remaining electors, corresponding to the two senators to which the state is entitled in congress. Another, and the most common mode, is by general ticket. The names of all the electors to be chosen, are placed on a single ballot; and all the electors are voted for throughout the state.

§ 459. "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 them"selves. 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 government of the United States, directed to the presi"dent 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 count"ed. 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; and if no per

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son 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 shall 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.”—Art. 2, sec. 1, cl. 3.

pointed in the several states? § 459. Describe the manner in which

§ 460. The mode of election prescribed by the above clause, being deemed objectionable, an amendment to it was proposed at the first session of the eighth congress and subsequently adopted and ratified by the states. The amend. ment is as follows:

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§ 461. "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 dis "tinct 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 the government of the United "States, directed to the president of the senate. The presi "dent 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 great"est number of votes for president, shall be the president, "if such number be a majority of the whole number of elec"tors appointed; and if no person have such majority, then "from the persons having the highest numbers, not exceed"ing three, on the list of those voted for as president, the "house of representatives shall choose immediately, by bal"lot, 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 presi"dent 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 "the death or 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

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the president and vice president were at first elected? § 460. When was a new mode of election proposed and adopted? § 461. Describe

"if no person have a majority, then from the two highest num"bers on the list, the senate shall choose the vice president: 66 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.

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"But no person constitutionally ineligible to the office of president, shall be eligible to that of vice president of the "United States."-12th Amendment of the Constitution.

§ 462. "The congress may determine the time of choos❝ing the electors, and the day on which they shall give their "votes; which day shall be the same throughout the United "States."-Art. 2, sec. 1, cl. 4.

§463. Every necessary precaution appears to have been used by the framers of the constitution against fraud and corruption in the election of president, and to secure a free and unbiased vote of the electors. An important provision is that which requires a majority of all the electoral votes to effect a choice. If the election were by plurality, the most obnoxious candidate might be elected. And to secure his election, there would be a strong temptation to effect, by sinister influence, a division of the opposition among a multiplicity of candidates.

§ 464. The provision requiring the electoral votes to be given on the same day in all the states, was intended to prevent the opportunity for bargain and intrigue between the electoral colleges of the different states. All being required to cast their votes on the same day, and before any one of them can learn the result of the vote in other states, secures an unbiased choice on the part of all. Congress has enacted, that the electors shall be chosen within thirty-four days preceding the day on which they shall give their votes ; and that the day on which their votes shall be given, shall be the first Wednesday in December in every fourth year after the last election. The place of meeting is usually at the seat of the government of each state.

§ 465. By an act of congress, the electors in each state

the present mode of election. § 463. Why is a majority of the votes of electors necessary to a choice? § 464. Why are votes required to be cast on the same day in all the states? When are electors to be chosen? and when do they vote for president? § 465. What regulations have been adopted for preserving and counting the votes ?

are required to make and sign three certificates of all the votes given by them, and to seal up the same. One of these certificates is to be sent by a person duly appointed by them for that purpose, to the president of the senate, at the seat of government, before the first day of January next ensuing. Another of these certificates is to be forwarded, by the post office, also directed to the president of the senate; and the third is to be delivered to the judge of the district in which the electors shall be assembled. The day appointed for opening the certificates and counting the votes, is the second Wednesday in February succeeding the election.

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CHAPTER XXII.

Qualifications and Compensation of President and Vice

President.

§ 466. "No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this "constitution, shall be eligible to the office of president; "neither shall any person be eligible to that office, who shall "not have attained to the age of thirty-five years, and been fourteen years a resident within the United States.”—Art. 2, sec. 1, cl. 5.

§ 467. The same reasons which have been given for the qualifications of other officers of the government, apply with greater force in the case of the election of a chief magistrate. To exclude foreign influence from the government, and to secure the election of men to this high and responsible office whose age and experience have given them abundant opportunity of acquiring a thorough knowledge of public affairs, are the objects of this clause.

§ 468. "In case of the removal of the president from "office, or of his death, resignation, or inability to discharge

§ 466. What qualifications are required for the office of president? § 467. What are the objects of these provisions? § 468, 469, 470. What