New Hampshire, Massachusetts, Connecticut, New Jersey, Delaware, Maryland, South Carolina, Georgia, ay, 8; Pennsylvania, Virginia, North Carolina, no, 3.
On a question on the clause referring the eventual appointment of the President to the Senate,—
New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Delaware, Virginia, ay, 7; North Carolina, no. (Here the call ceased.)
Mr. MADISON made a motion requiring two thirds at least of the Senate to be present at the choice of a President.
Mr. PINCKNEY seconded the motion.
Mr. GORHAM thought it a wrong principle to require more than a majority in any case. In the present, it might prevent for a long time any choice of a President.
On the question moved by Mr. Madison and Mr. Pinckney,—
New Hampshire, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 6; Connecticut, New Jersey, Pennsylvania, Delaware, no, 4; Massachusetts, absent.
Mr. WILLIAMSON suggested, as better than an eventual choice by the Senate, that this choice should be made by the legislature, voting by states and not per capita.
Mr. SHERMAN suggested, "the House of Representatives," as preferable to "the legislature;" and moved, accordingly, to strike out the words, "The Senate shall immediately choose," &c., and insert,—
"The House of Representatives shall immediately choose by ballot one of them for President, the members from each state having one vote."
Col. MASON liked the latter mode best, as lessening the aristocratic influence of the Senate.
On the motion of Mr. Sherman,—
New Hampshire, Massachusetts, Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South Carolina, Georgia, ay, 10; Delaware, no, 1.
Mr. GOUVERNEUR MORRIS suggested the idea of providing that, in all cases, the President in office should not be one of the five candidates; but be only reëligible in case a majority of the electors should vote for him. [This was another expedient for rendering the President independent of the legislative body for his continuance in office.]
Mr. MADISON remarked, that, as a majority of members would make a quorum in the House of Representatives, it would follow from the amendment of Mr. Sherman, giving the election to a majority of states, that the President might be elected by two states only, Virginia and Pennsylvania, which have eighteen members if these states alone should be present.
On a motion, that the eventual election of President, in case of an equality of the votes of the electors, be referred to the House of Representatives,—
New Hampshire, Massachusetts, Pennsylvania, Virginia, North Carolina, South Carolina, Georgia, ay, 7; New Jersey, Delaware, Maryland, no, 3.
Mr. KING moved to add to the amendment of Mr. Sherman,—
"But a quorum for this purpose shall consist of a member or members from two thirds of the states, and also of a majority of the whole number of the House of Representatives."
