which is the Tuesday next after the first Monday
of November.
Sec.7. The electors so chosen are required by a law of congress, to meet in
their respective states on the first Wednesday of December, and vote for
president and vice-president; and to make and sign three certificates of
all the votes given by them, and seal up the same. One of these is to be
sent by a person duly appointed by them, to the president of the senate
at the seat of government, before the first of January next ensuing;
another is to be forwarded by mail, also directed to the president of
the senate; and the third is to be delivered to the United States judge
of the district in which the electors are assembled.
Sec.8. On the second Wednesday of February, the president of the senate, in
presence of all the senators and representatives, opens the certificates
from all the states, and the votes are counted. The person having a
majority of all the electoral votes for president is elected. If no
person has a majority of all the electoral votes, the house of
representatives must choose the president from those candidates, not
exceeding three, who had the highest numbers of the electoral votes. But
in so doing, the members do not all vote together; but those of each
state vote by themselves; and the candidate who receives the votes of a
majority of the representatives of a state, has but one presidential
vote for such majority; and the person who receives the votes of a
majority of the states, is elected. Thus in the election of president by
the house of representatives, voting is done _by states_, as was done in
passing laws by the old congress. (Chap. XXVIII, Sec.5.)
Sec.9. There have been two elections by the house of representatives. The
second was 1825. The votes of the electoral colleges (assemblies) had in
December, 1824, been divided upon four candidates. Andrew Jackson had
received 99 electoral votes; John Quincy Adams, 84; William H. Crawford,
41; and Henry Clay, 37. Neither having received a majority of all the
electoral votes, the election devolved upon the house of
representatives. Of the three candidates who had received the highest
numbers of the electoral votes, Mr. Adams received in the house of
representatives the votes of thirteen states; Gen. Jackson, the votes of
seven states; and Mr. Crawford, the votes of four states. Mr. Adams
having received the votes of a majority of all the states, he was
elected.
Sec.10. By the 12th a
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