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 constituThe person having the greattional disability of the President. est number of votes as Vice-President shall be the Vice-Presi·dent, 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 VicePresident; 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.

[Note 1. Another amendment was proposed as article XIII. at the second session of the eleventh Congress, but not having been ratified by a sufficient number of the states, has not become valid, as a part of the Constitution of the United States. It is erroneously given as a part of the Constitution, in page 74, vol. I. Laws of the United States, published by Bioren & Duane, in 1815.]

[Note 2. The Constitution, as above printed, has been carefully compared with the copy in the Laws of the United States, published by authority, and also with one in the National Calendar for the year 1826, which was copied from the roll in the Department of State.]

[Note 3. The ratification of the Constitution by the state of New Hampshire, being the 9th in order, was laid before Congress on the 2d of July, 1788, and, with the ratifications of the other states, was referred to a committee, to ⚫report an act for carrying the new system into operation. An act for this purpose was reported on the 14th of the same month, and was passed on the 13th of the September following.]—American Almanac, 1831.

THE RATIFICATION OF THE CONSTITUTION. 169

CHAPTER III.

THE RATIFICATION OF THE CONSTITUTION.

It is

435. We have now seen what the Constitution is, and in connexion with that, what constructions have been put upon its various clauses, and what decisions have been had under it by the judicial authority. important that we should now look at the mode in which it was ratified, and what opinions were declared by the ratifying power, as to what were the rights vested in the national government.

436. When the Convention had formed the Constitution, they by resolution1 directed it to be "laid before the United States in Congress assembled," and declared their opinion that it should afterward "be submitted to a convention of delegates, chosen in each state by the people thereof, under a recommendation of its legislature, for their assent and ratification," and that each convention assenting thereto, and ratifying it, should notify Congress thereof.

437. Accordingly, Congress having received the report of the convention,-2Resolved, that the report, resolutions, and letter accompanying them be transmitted to the several legislatures, to be by them submitted to a convention of delegates chosen in each state by the people thereof, in conformity to the resolve of the convention, &c. &c.

§ 438. Under this resolution of Congress, the states called conventions of the people, and the Constitution

being submitted to them, was ratified successively by all of them, and the Constitution became the supreme law of the land.

ORDER AND MANNER OF RATIFICATION.

§ 439. 1st. The first state which ratified the Constitution was Delaware, which did so on the 7th December, 1787,-without condition or the recommendation of an amendment.

§ 440. 2d. The second was Pennsylvania, which, in like manner, without any declaration or recommendation, ratified it on the 12th of December, 1787.

§ 441. 3d. The next was New-Jersey, which ratified on the 18th December, 1787, as is declared in their ratification, by the unanimous consent of all the members.

§ 442. 4th. The fourth was Connecticut, which likewise ratified without any declaration, on the 9th January, 1788.

§ 443. 5th. 4The next was Georgia, which ratified, without condition or resolution.

§ 444. 6th. The sixth was Massachusetts. In the convention of this state, there was much opposition5 to the Constitution, and at first a majority against it. In consequence of this, it was finally ratified with the declaration of the convention, that in their opinion, certain amendments and alterations were necessary to remove the fears, and quiet the apprehensions of many of the good people of that commonwealth.

The amendments recommended were as follows, viz ;6

1. That it be declared that all powers not expressly

1 Elliott's Debates, vol. 4, p. 207. 2 Idem. 202. 4 Idem. 212. 5 2 Pitkin's Civ. Hist., 266.

209.

liott's Debates, 211.

3 Idem.

64 El

7 Note.-Whenever resolutions or other proceedings are given in this work, except in the case of the Constitution, they are set forth substantially.

delegated by the Constitution should be reserved to the several states, to be by them exercised.

2. That there should be one representative to each thirty thousand persons, until the whole number of persons amounted to two hundred.

3. That Congress should not exercise the power of making regulations for electing members of Congress, unless the states neglected to make such regulations, or made them subversive of a free and equal representation.

4. That Congress do not lay direct taxes, but when the funds arising from impost and excise are insufficient, nor then till they have first made a requisition on each of the states for their quota, and the states have neglected or refused to pay their proportion.

5. That Congress erect no company of merchants with exclusive advantages.

6. That no person be tried for a crime, or suffer an infamous punishment, or loss of life, except in the military or naval service, without indictment by a grand jury.

7. The United States Judiciary shall have no jurisdiction of causes between citizens of different states, unless the matter in dispute extend to $3000, nor the judicial power extend to actions between citizens of different states when the matter is not of the value of $1500.

§ 445. 8. In civil actions between citizens of different states, issues of fact at common law shall be tried by jury, if the parties request it.

9. Congress shall not consent, that any person holding an office of profit or trust under the United States shall receive any title or office from a king, prince, or foreign state.

§ 446. With the recommendation of these amendments, Massachusetts, after great opposition,1 ratified the Constitution on the 7th of February, 1788.

14 Elliott's Debates, 212.

447. It will be seen in the Constitution, that the sixth recommendation in relation to Indictments is imbodied in the fifth amendment to the Constitution, and that the eighth recommendation is included in the seventh amendment. With the exception of these two, none of the recommendations were ever adopted.

§ 449. 7th. The seventh state to ratify the Constitution was Maryland. This was done without any collateral resolutions, on the 28th of April, 1788.

$449. 8th. The next was the state of South Carolina, which ratified on the 23d of May, 1788. Aceompany. ing their recommendation also, were several resolutions, the substance of which is as follows; viz.

1. The first resolution was the same as the third of Massachusetts, in relation to the power of Congress to regulate the elections of its members.

2. The second was the same as the first of Massachusetts, in relation to the powers not expressly granted.

3. The third was the same as the fourth of Massachusetts, in relation to direct taxes.

4. The fourth was a verbal criticism on the third section of the sixth article.

5. The fifth made it a standing instruction to the delegates from that state to endeavour to have these alterations made.

None of these proposed amendments were ever made. $450. 9th. The ninth state which ratified, and which made up the number which was necessary to put the Constitution in operation, was New-Hampshire; this took place on the 21st of June, 1788. In the convention of this state, as in Massachusetts, there was great opposition to the Constitution, and their ratification was accompanied with the following recommendations.

1. The first is the same as those of Massachusetts and South Carolina, in relation to powers not expressly delegated.