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§16. It may occur, however, that even the House of Representatives shall fail to elect a President of the United States within the time limited for such election by the Constitution. They have three candidates, neither of whom, perhaps, may receive a majority of all the States. They may continue to vote on the question, however, until the fourth day of the March next following the commencement of their effort. But their trial may result in a failure. In such case, the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. (See the next chapter.)

§17. The present method of electing a President of the United States, which we have been considering, is in accordance with the provisions of the 12th Article of Amendments to the Constitution. This amendment was proposed by Congress in October, 1803; and was ratified so as to become a part of the Constitution before September, 1804. In the copy of the Constitution found in this work, it is marked as paragraph 94. The original article, of which para graph 94 is an amendment, is not numbered; but it is still printed with copies of the Constitution, and is known as clause 3, section 1, of Art. II. It is inserted merely to show what it was. The article and amendment differ in several important particulars. 1st. By the original article, the electors voted each for two persons

as President. By the amendment, the electors vote for two persons, but designating one as President, and the other as Vice-President.

2d. By the original article, two persons might each receive a majority of the whole number of electors appointed. By the amendment this is impossible, as each elector votes for only one person as President, and one as Vice-President.

3d. If more than one person had a majority of the electoral votes, and each an equal number, the election went into the House of Representatives on those two names.

4th. If two candidates received each a majority of all the electoral votes, but one of whom received a larger vote than the other, the one receiving the highest vote was elected.

5th. If no person received a majority of all the electoral votes, the

election went to the House of Representatives; and, from the five 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 VicePresident.

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 Thus the Vice-President could not be elected

more names.

until after the election of the President.

8th. By the original article, the Senate was to elect the Vice-President 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 interest 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.1

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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 compensation 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 enlarged; and, by incurring their displeasure, it might be greatly diminished. If Congress were allowed a discretionary power over the salary of the Executive (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.

ART. VIII. - POWERS AND DUTIES.

1.-MILITARY.

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 himself 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.

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§ 2. Though the President does not take the field in is a sense in which he takes command of the army and 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, may 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 single head.

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He may require the written opinion of the principal 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.

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