Civil Government in the United States Considered with Some Reference to Its OriginsFiske, John
History
Civil Government in the United States Considered with Some Reference to Its Origins
Fiske, John
United States -- Politics and government
By the act of 1792 the electors chosen in each state are required to
assemble on the first Wednesday in December at some place in the state
which is designated by the legislature. Before this date the governor of
the state must cause a certified list of the names of the electors to be
made out in triplicate and delivered to the electors. Having met
together they vote for president and vice-president, make out a sealed
certificate of their vote in triplicate, and attach to each copy a copy
of the certified list of their names. One copy must be delivered by a
messenger to the president of the Senate at the federal capital before
the first Wednesday in January; the second is sent to the same officer
through the mail; the third is to be deposited with the federal judge of
the district in which the electors meet. If by the first Wednesday in
January the certificate has not been received at the federal capital,
the secretary of state is to send a messenger to the district judge and
obtain the copy deposited with him. The interval of a month was allowed
to get the returns in, for those were not the days of railroad and
telegraph. The messengers were allowed twenty-five cents a mile, and
were subject to a fine of a thousand dollars for neglect of duty. On the
second Wednesday in February, Congress is required to be in session, and
the votes received are counted and the result declared.[12]
[Footnote 12: See note on p. 278.]
[Sidenote: The twelfth amendment (1804).]
At first the electoral votes did not state whether the candidates named
in them were candidates for the presidency or for the vice-presidency.
Each elector simply wrote down two names, only one of which could be the
name of a citizen of his own state. In the official count the candidate
who had the largest number of votes, provided they were a majority of
the whole number, was declared president, and the candidate who had the
next to the largest number was declared vice-president. The natural
result of this was seen in the first contested election in 1796, which
made Adams president, and his antagonist vice-president. In the next
election in 1800 it gave to Jefferson and his colleague Burr exactly the
same number of votes. In such a case the House of Representatives must
elect, and such intrigues followed for the purpose of defeating
Jefferson that the country was brought to the verge of civil war. It
thus became necessary to change the method. By the twelfth amendment to
the constitution, declared in force in 1804, the present method was
adopted. The electors make separate ballots for president and for
vice-president. In the official count the votes for president are first
inspected. If no candidate has a majority, then the House of
Representatives must immediately choose the president from the three
names highest on the list. In this choice the house votes by states,
each state having one vote; a quorum for this purpose must consist of at
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