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 article of amendments, if there is no election of vice-president by a majority of the electors, then, from the two highest numbers on the list, the senate shall choose the vice-president.  Two-thirds of the whole number of senators shall constitute a quorum for such election; and a majority of the whole number shall be necessary to a choice.

Sec.11.  To be eligible to the office of president or vice-president, a person must be a natural born citizen of the United States, thirty-five years of age, and must have been fourteen years a resident within the United States.  The reasons for requiring long terms of citizenship and residence, and mature age and experience, in the case of senators, apply with equal force in the case of president.

Sec.12.  In case of a vacancy in the office of president, the vice-president becomes the president.  The power of making further provision for supplying vacancies is, by the constitution, given to congress. (Art. 2, Sec.1.) Congress has accordingly enacted, that, when there is neither president nor vice-president, the president pro tempore shall act as president; and if there should be none, the speaker of the house of representatives would assume the duties of the office.