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election went to the House of Representatives; and, from the äve highest on the list, they were to make the election. By
the amendment, it is from the three highest on the list. 6th. In every case, after the choice of the President, the person
having the greatest number of votes of the electors, whether that number were a majority or not, was to be the Vice
President. 7th. If two or more received an equal number, and being highest
on the list, the election went into the Senate on these two or more names. Thus the Vice-President could not be elected
until after the election of the President. 8th. By the original article, the Senate was to elect the Vice-Presi
dent by ballot: this is not required under the amendment. 9th. Under the amendment, the Vice-President acts as President if
the House of Representatives fail to elect a President before the fourth day of March then next following, when the right to do so shall devolve on them; but, under the original article, no Vice-President could be elected until 'after the
President should be elected. $18 In 1801, Thomas Jefferson was elected President by the House of Representatives; and, in 1825, John Quincy Adams also. These are the only instances in our history of the election of a Chief Magistrate by the House of Representatives. The protracted contest in the house in 1801 between Thomas Jefferson and Aaron Burr, candidates for the Presidency, led to the adoption of the 12th Article of Amendments. The number of electoral votes for each of these two candidates was equal, each having a majority of the whole number. In accordance with the provisions of the original article for electing a President, the election went into the house. There, through thirty-five ballotings, the results were uniform ; Jefferson receiving the votes of eight States, Burr of six, and two being divided. There were sixteen States in the Union at that time. On the thirty-sixth ballot, Jefferson received the votes of nine States, giving him a majority of the whole.
$19. Jefferson was declared elected President; and Burr, receiving the next highest number of votes, was declared elected Vice-Presi
dent. The whole country was violently agitated during the contest, which lasted several weeks. Before the next Presidential election occurred, the amendment was adopted which rendered it impossible that another contest of such exciting 'nterest should occur, as a Vice-President can be elected under the amendment without any. reference to the election of President; and he would perform the duties of President, as we shall see in the next chapter.
$20. But one President has been elected by the House of Representatives, as before stated, under the amendment. This was the case of John Quincy Adams in 1825, a brief history of which is given in Chap. I, Art. IX., Part II., of this work.
ART. V.- OATH OF OFFICE.
Before he enter on the execution of his office, he shall swear or affirm, 1. That he will faithfully execute the office of President of
the United States, and, 2. That he will to the best of his ability preserve, protect,
and defend the Constitution of the United States. 59. There is little need of comment on this clause. No man can well doubt the propriety of placing a President of the United States under the most solemn obligations to preserve, protect, and defend the Constitution. It is a suitable pledge of his fidelity and responsibility to his country, and creates upon his conscience a deep sense of duty, by an appeal at once, in the presence of God and man, to the most sacred and solemn sanctions which can operate upon the human mind."
ART. VI. .- HOW REMOVABLE. He shall be removed from office on impeachment for and conviction of treason, bribery, and other high crimes and misdemeanors. 64.
(The subject of impeachments is treated in Chap. I., Art. IX., and Chap. II., Art. X., Part II.)
1 Story on Const., $ 1488.
ART. VII. - SALARY. He shall receive for his services, at stated times, a compen. sation which shall neither be increased nor diminished during the term for which he shall have been elected. 58.
§ 1. Without this clause, the Executive would be dependent for his support on the will of Congress. By securing their favor, his salary might be greatly enlargel; and, by incurring their displeasure, it might be greatly diminished. If Congress were allowed a discretionary power over the salary of the Exccutive (as men of high station are not always beyond the reach of temptation), his approbation of legislative measures might sometimes depend on the liberality of legislative appropriations. There are men who could be influenced by no such mercenary motive ; but, on the other hand, instances of historic notoriety, even in this country, might be cited in proof of the purchase of Executive favor through the seductive allurements of pecuniary considerations.
$ 2. As the Executive salary is in the beginning of his term, so it must remain to the end. Congress has no power to alter it, by increase or diminution, to take effect before a new election and a new period of service shall begin. From the commencement of Washington's first term, 1789, to that of Grant's second term, March 4, 1873, the salary was twenty-five thousand dollars a year.
Since that time, it has been fifty thousand dollars. But he has the White House, which is the Executive Mansion, rent free. The house is also furnished for him and taken care of, the grounds cultivated, his fuel and light provided, and many other things at the expense of the public treasury.
1st. He is commander-in-chief of the army and navy of the
United States. 2d. Also of the militia of the several States when called into
the actual service of the United States. 60. § 1. It is not to be inferred from this article that the President is actually to take command in person in case of war. This is not the
intention; though he has the power, were he so disposed. It might be proper that the President should actually place b.mself at the head of an army in the field, were he known to be an experienced and skillful military commander. Such has not been the practice, however, either in our foreign or domestic wars, or in our border warfare with the Indians.
$ 2. Though the President does not take the field in person, there is a sense in which he takes command of the army
He directs the application of the military force in the execution of the laws, in maintaining peace at home, and in resisting foreign aggression. These duties are of an executive character, and are properly vested in the President, that unity of plan, promptitude, activity, and decision, inay be secured.
§ 3. For the same reasons, the Executive is made commanderin-chief of the militia of the several States when called into the actual service of the United States. The chief military dependence of the United States, especially in a protracted and formidable war, must be on the militia of the several States. The standing army is constituted of but a few thousands at most ; while, if necessary, the militia may be called forth by the million. In order that there may
be unity of action, uniformity of training and discipline, and concert of purpose, it is necessary
that regulars and militia should be subordinate to a
1st. - DEPARTMENTS. He may require the written opinion of the principat
officers in each of the executive departments on any subject relating to the duties of their respective
offices. 60. § 4. The authors of the Constitution inserted this power from abundance of caution ; and some of them considered it as a mere redundancy in the plan, as the right for which it provides would result itself from the office. The powers and duties of the various executive departments will be further considered in Chap. XV. of Part II.
§ 2. It was then decided, by eight States to two, that the electors should be appointed by the legislatures of the several States. After this, the plan of electing the President by Congress was restored by a vote of seven States against four. Subsequently it was again changed to the mode of electing by electors, by a vote of nine States against two. Leaving it to the legislature to direct as to the manner of appointing electors was carried by a vote of ten States against one.
§ 3. The election of the electors of President and Vice-President, by uniform practice, is now confided to the people of the several States. Thus the sense of the people operates in the choice of the Chief Magistrate with much more certainty than it would were the choice of electors confided to a pre-existing body. The immediate election of the President and Vice-President is committed to men chosen for that specific purpose.
A small number of persons selected by their fellow-citizens from the general mass will be most likely to possess the information and discernment requisite to so complicated an investigation. We have seen in Chap. VII., Part II., of this work, that no senator, representative, or other person holding a place of trust or profit under the United States, can be an elector of President and Vice-President.
§ 4. The number of electors corresponds with the number of senators and representatives to wbich the States are respectively entitled in Congress. Thus each State has about the same influence in the election of President and Vice-President that it has in the national councils.
2.- PROCEEDINGS OF ELECTORS.
1st. They shall meet in their respective States. 2d. They shall vote by ballot for President and Vice-Pres
ident of the United States, at least one of whom shall
not be an inhabitant of the same State with themselves. 3d. They shall name in their ballots,
1st. The person voted for as President; and,
1 Federalist, No. 68.