f
representatives, open all the certificates, and the votes shall then be
counted. The person having the greatest number of votes shall be
president, if such number be a majority of the whole number of electors
appointed; and if there be more than one who have such a majority, and
have an equal number of votes, then the house of representatives shall
immediately choose by ballot one of them president, and if no person 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 vote
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
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._

Under this provision Washington was elected president twice and Adams
once. In the disputed election of 1800, it was found that this mode would
not do. The faulty feature in the plan is found in the first sentence,
which requires the electors to vote for two persons for president. In this
election, Jefferson and Burr, candidates of the same party, received the
same number of votes and each had a majority. The power to choose then
devolved upon the house of representatives. There were at that time
sixteen states, and consequently sixteen votes. Of these Jefferson
received eight, Burr six, and the remaining two were "scattering." As it
required nine votes to make a majority, no one was elected. The balloting
was continued for seven days, thirty-six ballots being taken. On the
thirty-sixth ballot Jefferson received ten votes to four for Burr.
Jefferson thus became president and Burr vice-president. But the
consequent bitterness of feeling was much regretted, and it was determined
to change, slightly, the mode of election. The changes consisted in having
the electors vote for one person for president and for a different person
for vice-president; and when the election is thrown into the house of
representatives, the selection is to be made from the _three_ highest
instead of the _five_ highest as originally. The change was made by the
twelfth amendment, passed in 180