That the whole number of electors who had voted was one hundred and thirty-eight, of which number THOMAS JEFFERSON and AARON BURR had a majority; but, the number of those voting for them being equal, no choice was made by the people, and that, consequently, the remaining duties devolve upon the House of Representatives. On which the House of Representatives repaired to their own chamber.

IN THE HOUSE OF REPRESENTATIVES, January 22, 1801.

"Resolved, That Mr. Rutledge, Mr. Nicholas, Mr. Griswold, Mr. Macon, and Mr. Bayard be appointed a committee on the part of this House, to join such committee as may be appointed on the part of the Senate, to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected of their election; and to regulate the time, place, and manner of administering the oath of office to the President."

Mr. Bayard submitted the following resolution, to wit:

January 30, 1801.

Resolved, That in the event of its appearing upon the counting and ascertaining of the votes given for President and Vice-President, according to the mode prescribed by the Constitution, that an equal number of votes has been given for two persons, that as soon as the same have been duly declared and entered on the Journals of this House, that the Speaker, accompanied by the members of this House, shall return to this chamber, and shall immediately proceed to choose one of the two candidates for President; and in case upon the first ballot there shall not appear to be a majority of the States in favor of one of the candidates, in such case the House shall continue to ballot for President, without interruption by other business, until it shall appear that a President is duly chosen; and if no such choice should be made upon the first day, the House shall continue to ballot from day to day till a choice shall be duly made." Ordered, That the consideration of the said motion be postponed until Monday next.

February 2, 1801.

A motion was made and seconded that the House do come to the following resolution, to wit:

"Resolved, That a committee be appointed to prepare and adopt such rules as, in their opinion, are proper to be adopted by this House, to be observed in the choice of a President of the United States, whose term is to commence on the 4th day of March next, if, when the votes which have been given by the electors appointed under the authority of the States shall have been counted, as prescribed by the Constitution, it shall appear that no person for whom the electors shall have voted has a majority, or that more than one person having such majority have an equal number of votes."

Ordered, That Messrs. Rutledge, Nicholas, Griswold, Macon, Bayard, Taliaferro, Foster, Claiborne, Otis, Davis, Morris, Champlin, Baer, Cooper, Linn, and Woods be appointed a committee, pursuant to the said resolution.

Ordered, That the motion made on Friday last, relative to the mode of commencing and continuing the ballot for the choice of a President of the United States, be referred to the committee last appointed.

Friday, February 6, 1801.

Mr. Rutledge, from the committee appointed on the 2d instant to prepare and report such rules as, in their opinion, are proper to be adopted by this House to be observed in the choice of a President of the United States, made a report; which was ordered to be considered Monday next.

Monday, February 9, 1801.

The House proceeded to consider the above report, whereupon said report was committed to a Committee of the Whole House immediately.

The House resolved itself into a Committee of the Whole on the said report; and after some time spent therein, the chairman reported that the committee had had the said report under consideration, and directed him to report to the House their agreement to the same, with an amendment; which he delivered in at the Clerk's table, where the same was read. The House then proceeded to consider the report, whereupon the amendment reported from the Committee of the Whole House to the said report was, on the question put thereon, agreed to by the House.

Motions to disagree to the fourth and fifth of the rules were made and passed in the negative.

It was then

Resolved, That this House doth agree with the Committee of the Whole House in their agreement to the said report, as amended, in the words following, to wit:

"That the following rules be observed in the choice by the House of Representatives of a President of the United States, whose term is to commence on the 4th day of March next:

"First. In the event of its appearing, upon the counting and ascertaining of the votes given for President and Vice-President, according to the mode prescribed by the

Constitution, that no person has a constitutional majority, and the same shall have been duly declared and entered on the Journals of this House, the Speaker, accompanied by the members of the House, shall return to their chamber.

"Second. Seats shall be provided in this House for the President and members of the Senate; and notification of the same shall be made to the Senate.

"Third. The House, on their return from the Senate Chamber, it being ascertained that the constitutional number of States are present, shall immediately proceed to choose one of the persons from whom the choice is to be made for President; and in case upon the first ballot there shall not appear to be a majority of the States in favor of one of them, in such case the House shall continue to ballot for a President, without interruption by other business, until it shall appear that a President is duly chosen.

"Fourth. After commencing the balloting for President, the House shall not adjourn until a choice is made.

Fifth. The doors of the House shall be closed during the balloting, except against the officers of the House.

"Sixth. In balloting the following mode shall be observed, to wit: The Representatives of the respective States shall be so seated that the delegation of each State shall be together. The Representatives of each State shall, in the first instance, ballot among themselves, in order to ascertain the vote of that State; and it shall be allowed, where deemed necessary by the delegation, to name one or more persons of the representation to be tellers of the ballots. After the vote of each State is ascertained, duplicates thereof shall be made; and in case the vote of the State be for one person, then the name of that person shall be written on each of the duplicates; and in case the ballots of the State be equally divided, then the word "divided" shall be written on each duplicate, and the said duplicates shall be deposited, in manner hereafter prescribed, in boxes to be provided. That for the conveniently taking the ballots of the several Representatives of the respective States, there be sixteen ballot-boxes provided; and that there be, additionally, two boxes provided for receiving the votes of the States; that after the delegation of each State shall have ascertained the vote of the State, the Sergeant-at-Arms shall carry to the respective delegations the two ballotboxes, and the delegation of each State, in the presence and subject to the examination of all the members of the delegation, shall deposit a duplicate of the vote of the State in each ballot-box; and where there is more than one Representative of a State, the duplicates shall not both be deposited by the same person. When the votes of the States are all thus taken in, the Sergeant-at-Arms shall carry one of the general ballotboxes to one table, and the other to a second and separate table. Sixteen members shall then be appointed as tellers of the ballots, one of whom shall be taken from each State, and be nominated by the delegation of the State from which he was taken. The said tellers shall be divided into two equal sets, according to such agreements as shall be made among themselves, and one of the said sets of tellers shall proceed to count the votes in one of the said boxes, and the other set the votes in the other box; and in the event of no appointment of teller by any delegation, the Speaker shall in such case appoint. When the votes of the States are counted by the respective sets of tellers, the result shall be reported to the House; and if the reports agree, the same shall be accepted as the true votes of the States; but if the reports disagree, the States shall immediately proceed to a new ballot, in manner aforesaid.

"Seventh. If either of the persons voted for shall have a majority of the votes of all the States, the Speaker shall declare the same; and official notice thereof shall be immediately given to the President of the United States, and to the Senate.

"Eighth. All questions which shall arise after the balloting commences, and which shall be decided by the House voting per capita to be incidental to the power of choosing the President, and which shall require the decision of the House, shall be decided by States, and without debate, and in case of an equal division of the votes of States, the question shall be lost."

February 9, 1801.

Mr. Rutledge, from the joint committee appointed the 27th of January last to ascertain and report the mode of examining the votes for President and Vice-President of the United States, reported that the committee could come to no agreement.

February 10, 1801.

Mr. Bayard moved that five hundred tickets be printed on which should be the name of THOMAS JEFFERSON, and five hundred on which should be the name of AARON BURR, and that the members in balloting should be confined exclusively to the use of these. At the suggestion of the Speaker, "of Virginia" was ordered to be printed after THOMAS JEFFERSON, and "of New York" after AARON BURR. The motion was lost.

"Resolved, That this House will attend in the chamber of the Senate on Wednesday next, at 12 o'clock, for the purpose of being present at the opening and counting of the votes for President and Vice-President of the United States; that Messrs. Rutledge and Nicholas be appointed tellers, to act jointly with the teller appointed on the part of

the Senate, to make a list of the votes for President and Vice-President of the United States as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the journals; and if it shall appear that a choice hath been made agreeably to the Constitution, such entry on the journals shall be deemed a sufficient declaration thereof."

February 11, 1801.

Mr. Speaker, attended by the House, then went into the Senate Chamber and took seats therein, when both Houses being assembled,

The President of the Senate, in the presence of both Houses, proceeded to open the certificates of the electors of the several States, beginning with the State of New Hampshire; and as the votes were read the tellers on the part of each House counted and took lists of the same, which, being compared, were delivered to the President of the Senate, and are as follows:

[Here the table of electoral votes is inserted. It is exactly the same as that appearing in the Senate proceedings.]

The President of the Senate, in pursuance of the duty enjoined upon him, announced the state of the votes to both Houses, and declared that THOMAS JEFFERSON, of Virginia, and AARON BURR, of New York, having the greatest number and a majority of the votes of all the electors appointed, and being equal, it remained to the House of Representatives to determine the choice.

The two Houses then separated, and the House of Representatives being returned to their chamber, proceeded in the manner prescribed by the Constitution to the choice of a President of the United States; and one teller was appointed from each State to examine the ballots of each State, pursuant to the sixth rule, adopted by the House on the 9th instant.

On this day nineteen ballotings were had, in each of which THOMAS JEFFERSON received the votes of eight States, AARON BURR received the votes of six States, and the votes of two States were divided.

February 12, 1801.

On this day nine ballotings were had, making twenty-eight in all, with the same result at each ballot as on the day before.

February 13, 1801. On this day, one ballot, the twenty-ninth, was had, with the same result as on the two preceding days.

February 14, (Saturday,) 1801.

On this day four ballotings were had, making in all thirty-three, with the same result as on the three preceding days.

February 16, (Monday,) 1801.

On this day, one ballot, the thirty-fourth, was had, with the same result as on the preceding days.

February 17, 1801.

On this day the thirty-fifth ballot was declared with the like result, when, on the thirty-sixth ballot, the Speaker declared to the House that the votes of ten States had been given for THOMAS JEFFERSON; the votes of four States had been given for AARON BURR; and that the votes of two States had been given in blank; and that, consequently, THOMAS JEFFERSON had been, agreeably to the Constitution, elected President of the United States for four years from the 4th day of March next.

Ordered, That Mr. Pinckney, Mr. Tazewell, and Mr. Bayard be appointed a committee to wait upon the President of the United States and notify him that THOMAS JEFFERSON is elected President of the United States for the term commencing on the 4th day of March next.

Ordered, That a message be sent to the Senate to inform them that THOMAS JEFFERSON has been duly elected President of the United States for the term of four years commencing on the 4th day of March next.

IN SENATE, February 18, 1801.

Resolved, That the President of the United States be requested to cause to be transmitted to AARON BURR, esq., of New York, Vice-President of the United States, notification of his election to that office; and that the President of the Senate do make out and sign a certificate in the words following, viz:

Be it known that, the Senate and House of Representatives of the United States of America being convened at the city of Washington on the second Wednesday of February, A. D. 1801, the underwritten, Vice-President of the United States and President of the Senate, did, in the presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the electors for President; whereupon it appeared that THOMAS JEFFERSON, of Virginia, and AARON BURR, of New York, had a majority of the votes of the electors, and an equal number of votes; in consequence of which the House of Representatives proceeded to a choice of a Presi

dent, and have this day notified to the Senate that THomas JeffersON has by them been duly chosen President; by all of which it appears that AARON BURR, esq., of New York, is duly elected, agreeably to the Constitution, Vice-President of the United States of America.

In witness whereof I have hereunto set my hand and seal this 18th day of February, 1801.

THOMAS JEFFERSON.

CONSTITUTIONAL AMENDMENT, ARTICLE XII.

EIGHTH CONGRESS OF THE UNITED STATES.

At the first session, begun and held at the city of Washington, in the Territory of Columbia, on Monday the seventh day of October, one thousand eight hundred and three. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, (two-thirds of both Houses concurring,) That in lieu of the third paragraph of the first section of the second article of the Constitution of the United States the following be proposed as an amendment to the Constitution of the United States, which, when ratified by three-fourths of the Legislatures of the several States, shall be valid to all intents and purposes as part of the said Constitution, to wit:

ARTICLE XII.

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; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes 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. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the 4th day of March, next following, then the VicePresident shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice-President shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.

The change in the Constitution necessitated the passage of the following act : AN ACT supplementary to the act entitled "An act relative to the election of a President and Vice-President of the United States, and declaring the officer who shall act as President in the case of vacancies in the offices both of President and Vice-President."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever the amendment proposed during the present session of Congress, to the Constitution of the United States, respecting the manner of voting for President and Vice-President of the United States, shall have been ratified by the Legislatures of three-fourths of the several States, the Secretary of State shall forthwith cause a notification thereof to be made to the executive of every State, and shall also cause the same to be published in at least one of the newspapers printed in each State in which the laws of the United States are annually published. The executive authority of each State shall cause a transcript of the said notification to be delivered to the electors appointed for that purpose, who shall first thereafter meet in such State for the election of President and Vice-President of the United States; and whenever the said electors shall have received the said transcript of notification, or when ever they shall meet more than five days subsequent to the publication of the

ratification of the above-mentioned amendment in one of the newspapers, by the Secretary of State, they shall vote for President and Vice-President of the United States, respectively, in the manner directed by the above-mentioned amendment; and having made and signed three certificates of all the votes given by them, each of which certificates shall contain two distinct lists, one of the votes given for President and the other of the votes given for Vice-President, they shall seal up the said certificates, certifying on each that lists of all the votes of such State given for President and of all votes given for Vice-President are contained therein, and shall cause the said certificates to be transmitted and disposed of, and in every other respect act in conformity with the provisions of the act to which this is a supplement. And every other provision of the act to which this is a supplement, and which is not virtually repealed by this act, shall extend and apply to every election of a President and Vice-President of the United States made in conformity to the above-mentioned amendment to the Constitution of the United States.

And whereas the above-mentioned amendment may be ratified by the Legislatures of three-fourths of the States, and thereupon become immediately valid, to all intents and purposes, as part of the Constitution, on a day so near the day fixed by law for the meeting of the electors in several States that the electors shall not in every State be apprised of the said ratification and may vote in a manner no longer conformable with the Constitution as amended, whereby several States might be deprived of their vote in the election of a President and Vice-President: for remedy whereof,

SEC. 2. Be it further enacted, That the electors who shall be appointed in each State for the election of a President and Vice-President of the United States shall at every such election, unless they shall have received a transcript of the notification of the ratification of the above-mentioned amendment to the Constitution, or unless they shall meet more than five days subsequent to the publication of the said ratification by the Secretary of State in one of the newspapers of the State, vote for President and Vice-President of the United States in the following manner; that is to say: they shall vote for two persons as President and Vice-President in conformity with the first section of the second article of the Constitution, and in other respects act in conformity with the provisions of the act to which this act is a supplement; and they shall likewise vote for one person as President and for one person as Vice-President, in conformity with the abovementioned amendment of the Constitution; and in other respects act in conformity with the provisions of the first section of this act. But those certificates only of votes given for President and Vice-President of the United States shall be opened by the President of the Senate for the purpose of being counted which shall contain the list or lists of votes given in conformity with the Constitution as in force on the day fixed by law for the meeting of the electors by whom the said votes shall have been given. SEC. 3. And be it further enacted, That whenever by the provisions of the second section of this act it shall be the duty of the electors for any State to vote in conformity both with the Constitution and of the proposed amendment thereto, the executive authority of such State shall cause six lists of the names of the electors for the State to be made and certified and to be delivered to the said electors on or before the day fixed by law for them to meet and vote for President and Vice-President; and the said electors shall inclose one of the said lists in each of the certificates by them made and sealed in conformity with the provisions of this act and of the act to which this is a supplement.

Approved March 26, 1804.

ELECTION FOR THE FIFTH TERM-1805-1809.

THOMAS JEFFERSON, President.
GEORGE CLINTON, Vice-President.

IN SENATE, February 12, 1805.

Resolved, That the Senate will be ready to receive the House of Representatives in the Senate Chamber on Wednesday, the 13th instant, February, at noon, for the purpose of being present at the opening and counting of the votes for President and Vice-President of the United States; that one person be appointed a teller on the part of the Senate, to make a list of votes for President and Vice-President of the United States as they shall be declared; and that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice hath been made agreeably to the Constitution, such entry on the Journals shall be deemed a sufficient declaration thereof.

On motion,

February 13, 1805.

Ordered, That Mr. Smith, of Maryland, be a teller of the votes given for President and Vice-President of the United States on the part of the Senate.