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 1804, which is here given in full.

The Twelfth Amendment.

The electors shall meet in their respective states and vote by ballot for president and vice-president, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-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 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;