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United States of America in Congress assembled two thirds of both houses concuring, Resolved 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 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.

Therefore Be it enacted by the General Assembly of the State of Tennessee, That the foregoing proposed amendment to the Constitution of the United States of America is hereby ratifyed adopted and confirmed to all intents and purposes as part of the aforesaid Constitution.—

July 27th 1804

JAMES STUART, Speaker of the

House of Representatives.

JAMES WHITE, Speaker Of

the Senate

I William Maclin Secretary of the State of Tennessee, do hereby Certify that the foregoing instrument of writing is

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a true Copy of the Original Act, deposited in the Office of the Secretary of said State

Given under my hand this 3rd day of August 1804.

WM MACLIN

John Sevier Governor and Commander in chief in and over the State of Tennessee.

[SEAL.] To all to whom these presents shall come.

Know ye, that the name "Wm Maclin" subscribed to the within certificate is the proper hand writing of William Maclin esquire, who is secretary of the aforesaid State of Tennessee, and in whose office the original Acts of the legislature of said state are deposited. Therefore all due faith credit and authority is and ought to be had and given to all his certificates and proceedings as such.

In Testimony whereof I have hereunto set my hand and caused the Great Seal of the State to be affixed at Knoxville the 3a day of August in the 29th year of our Independence, and in the year of our Lord one thousand eight hundred and four.

JOHN SEVIER

Sir

Frankfort (K3) October 12th 1804

I have the honour to acknowledge the receipt of your notification of the 24th Ulto "that the amendment proposed during the last Session of Congress, to the constitution of the United States, respecting the manner of voting for a President and Vice-President of the United States, had been ratified by the Legislatures of three fourths of the several States"

And to assure you that I am

with great respect sir

Your Obed' Servant

CHRISTR GREENUP

James Madison Esq'

[INDORSEMENT.]

Kentucky

Governor 12 Oct 1804

recd 2 Nov

NOTE. The twelfth amendment was declared in a circular letter of the Secretary of State to the Governors of the several States, dated September 25, 1804, to have been ratified by the legislatures of three-fourths of the States.

451

ELEVENTH CONGRESS OF THE UNITED STATES;

At the Second Session,

Begun and held at the city of Washington in the territory of Columbia, on Monday the twenty-seventh day of November, one thousand eight

hundred and nine.

Resolution proposing an amendment to the Constitution of the United States.

Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, Twothirds of both Houses concurring, that the following section be submitted to the legislatures of the several states, which when ratified by the legislatures of three fourths of the states, shall be valid and binding, as a part of the constitution of the United States:

If any citizen of the United States shall accept, claim, receive or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office or emolument of any kind whatever, from any emperor, king, prince or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.

J. B. VARNUM Speaker of the House

of Representatives. JOHN GAILLARD President of the Senate

pro tempore,

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