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EIGHTH CONGRESS OF THE UNITED STATES;

AT THE FIRST SESSION,

Begun and held at the city of Washington, in the territory of Columbia, on Monday, the seventeenth of October, one thousand eight hundred and three.

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 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 having the greatest number of votes for 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 the death or other constitutional disability of the President.— The person having the greatest number of votes as VicePresident, 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 VicePresident; a quorum for the purpose shall consist of twothirds 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.

NATH MACON Speaker of the House
of Representatives.

Attest

A. BURR Vice-President of the United
States, and President of the Senate.

JOHN BECKLEY.-Clerk of the House of Representatives.
SAM: A. OTIS Secretary of the Senate.

An Act

to ratify an amendment to the Constitution of the United States of America proposed by Congress to the Legislatures of the several States,

Whereas it is provided by the fifth article of the Constitution of the United States of America, that Congress whenever two thirds of both Houses shall deem it necessary shall propose amendments to the said 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 the said 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. And whereas at the first Session of the Eighth Congress of the United States begun and held at the city of Washington in the Territory of Columbia on monday the seventeenth day of October in the year of our Lord One thousand Eight hundred and, it was Resolved as followeth to wit, 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

Three

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States shall be valid to all intents and purposes as part of the said Constution 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 ballots" stricken out] 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 List 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 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 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 of 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 the death or other Constitutional disability of the

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