Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-12-20
senator sohnsOn,s Resolution.

Senator J0hnsOn,s Resolution.
We give below the joint resolution proposed by
Senasor JoHasoS in the Senate on Thursday, the
18th ult
Whereas the 9Th article of the Constitution of the
United States provides for amendments thereto in the
manner folio wing viz Congress whenever twOthirds
Of both Houses shall deem it necessary shall propose
amendments TO this Constitution. or. the applca-
ton of the Legislatures of two thirds of the several
States, shall call convention for proposing amend
ments which, in either case, shall be valid to all
intents and purposes part of this Constitution,
when ratified by the Legislatures of threefourhs of
the several States by conventions in hree-ourths
thereof, as the the other mode of ratification
may be proposed By the Congress: PrOUidsd- That
no amendment which may be made prior to the year
1908 shall in any manner affect the first and fourth
clauses in the ninth section of the first article; and
that State, without its consent shall be deprived
of its equal suffrage in the Senate
Therefore be resolved By the Senate and House Of
Representatives of the United States of america IN Con-
gress assembled, thirds of both Houses cOaeurrHg
That the following amendments to the Constitu
ton of the United States be proposed to the legis
latures of the several States which, when ratified
by the legislatures of three-foHrths of the States
shall be valid to all intents and purposes as part OF
the Constitution:
That hereafter the President and Vice President
of the United States shall be chosen by the people of
the respective States in the manner following Each
State shall be divided by the Legislature thereof into
districts equal in number to the whole number OF
Senator's and Representatives to which such state
may be entitled in the Congress of the United States
the said districts to be composed of contiguous ter
ritory and to contain. as nearly may be, an equal
number of persons entitled to be represented
under the Constitution and to be laid of for the first
| time Immediately after the ratification OF this
amendment and afterwards at the session OF the
Legislature next ensuing the apportionment of Re
representatives. by the Congress of the United States;
! that on the first Thursday in August in the year
| eighteen hundred and sixty-four, and on the same
day every fourth year thereafter, the citizens Of
! each State who possess the qualifications requisite
! for electors by the most numerous branch Of the
State Legislatures, shall meet within their respec-
tive districts, and vote for resident and wee
President of the United States, and the person re-
eeiving tie greatest number of votes for President,
and the one receiving the greatest number of votes
for Vice President in each district shall be holden
to have received one vote; which fact shall be I'M
mediatey certified by the Governor of the State to
each of the Senator's in Congress fror1 such State,
and to the President of the Senate and Speaker of
the House of Representatives. The Congress of the
United States shall be in session the second Mon
| day in October, in the year eighteen hundred and
| sixty-four, and on the same day on every fourth
year thereafter and the President of the Senate IN
the presence of the Senate and the House of Repre-
| sentatives. shall open all the certificates, and
| the votes shall then be counted The person
i having the greatest number of votes for Presi-
| dent shall be President if such number be equal
| to a majority of the whole number of votes
| given; but if no person have such majority
| then second election shall be held on the first
| Thursday in the month of December then next en-
| suing, between the persons having the two highest
| numbers for the Office of President, which second
election shall be conducted the result certified and
the votes counted in the manner in the first
and the person having the greatest number of votes
for President shall be President; but if two more
| persons shall have received the greatest and an
equal number of votes at the second election, then
| the person who shall have received the greatest
| number of votes in the greatest number of States
shall be President The person having the greatest
| number of votes for Vice President shall be Vice
President if such number be equal to majority OF
the whole number Of votes given; and If no person
| have such majority then second election shall
take place between the person having the two high
| est numbers, the day that the second elee-
ton is held for President; and the person having the
highest number of the votes for Vice President shall
| be Vice President. But if there should happen to
! be an equality of votes between the persons so
| voted for at the second election, then the person
having the greatest number Of votes in the greatest
number of States shall be Vice President But when
| second election shall be necessary in the case of
| Vice President, and not necessary in the case OF
President then the Senate shall choose Vice Presi-
dent from the persons having the two highest num-
bers to the first election, is prescribed in the
| Constitution PrOuided. That the President to be
elected in the year 1864 shall be chosen from of
the slaveholdng States and the Vice President from
/
| 1865 the President shall be chosen from of the
non-slavehoding States and the Vice Presden tfrOm
one of the slavehOdng States and alternating the
President and Vice President every four years be-
| tween the slaveholding and the nonslaveholdng
States during the continuance of the Government
SEC. 2. And be further TeSOlUed That article
section three, be amended by striking out the word
Legislature" and inserting in lieu thereof the fol-
lowing words. viz: persons qualified to vote for
! members of the most numerous branch of the Leg
81 ,,l 4
article, when ratified by treefourths of the States,
read as follows to wit:
The Senate of the United States shall be composed
Os two Senators from each State, chosen by the
persons qualified to vote for the members of the
most numerous branch of the Legislature thereof
for six years. and each Senator shall have vote.
SEC. 1. And be Il further reSOlUed That article
three, section one, be amended by striking out the
| words good behavior" and inserting The follow
| ing words, viz d" tie term of twelve years" And
further that said article and section be amended by
adding the following thereto viz: aud shall he the
duty of the President of the United States within
twelve months after the ratification of this amend
ment by three-fOurth of all the States provided
by the Constitution of the United States TO divide
| the whole number of Judges, as near as may be
| practicable, into three classes The seats of the
Judges of the first class shall be vacated the
pTatiOn OF four years from such classification of
the second class, at the expiration of the eighth
year, and of the third class, at the expiration Of
I
every fourth year thereafter
The article. amended, viii read as follows:
ARTICLE II.
| SEC. l. The judicial power of the United States
shall be vested in one Supreme Court, and in such
| inferior courts the Congress from time to time
| may ordain and establish. The judges, both of the
supreme and inferior courts shall hold their Offices
during the term of twelve years, and shall at stated
times, receive for their services a compensation,
which shall not be diminished during their contn-
| uancc in office. And it shall be the duty Of the
President of the United States within twelve months
after the ratification of this amendment by three
fourths of all the States, TO divide the whole num-
Der OF judges as near as may be practicable, into
three classes. The seats of the judges of the first
class shall be vacated at the expiration Of the fourth
year from such classification: OF the second class
at the expiration of the eighth year; and of the
third class at the expiration of the twelfth year.
that one third may be chosen every fourth year
thereafter; Provided, h01oeUer, That all vacancies
occurring under provisions of this section shall be
filled by persons, half of whom shall be chosen
from the slsveholding States, and the other half
with persons chosen from the nOn-savehOldiug
States. so that the Supreme Court will be equally
divided between the slaveholdng and the non-slave
holding States.