Page images
PDF
EPUB

Ordered, That the Secretary acquaint the House of Representatives therewith.

On motion, it was

Resolved, That when the two Houses proceed to open and count the ballots for President and Vice-President, the gallery of the Senate Chamber be open.

Ordered, That the Secretary notify the House of Representatives that the Senate are now ready to meet them in the Senate Chamber, for the purpose of being present at the opening and counting the votes for President and Vice-President of the United States. About twelve o'clock the Senators took their seats and immediately after the members of the House of Representatives entered, the Speaker and Clerk occupying seats on the floor on the right of the President of the Senate, and the members of the House in front.

Mr. Samuel Smith, teller on the part of the Senate, and Mr. Joseph Clay and Mr. Roger Griswold, tellers on the part of the House, took seats at a table placed in front of the Chair in the area between the Senate and House.

The Secretary of the Senate read the resolutions previously agreed to.

The President [Mr. Burr] stated that pursuant to law there had been transmitted to him several packets, which, from the indorsements upon them, appeared to be the votes of the electors of a President and Vice-President; that the returns forwarded by mail as well as the duplicates sent by special messengers had been received by him in due time. You will now proceed, gentlemen, said he, to count the votes as the Constitution and laws direct, adding that, perceiving no cause for preference in the order of opening the returns, he would pursue a geographical arrangement, beginning with the Northern States.

The President then proceeded to break the seals of the respective returns, handing each return and its accompanying duplicate as the seals of each were broken to the tellers through the Secretary, Mr. S. Smith reading aloud the returns and the attestations of the appointment of the electors, and Mr. J. Clay and Mr. R. Griswold comparing them with the duplicate return lying before them.

According to which enumeration the following appeared to be the result:

[blocks in formation]

*In this return, after stating the whole number of votes given for Thomas Jefferson and George Clinton, each elector certifies distinctly his vote for Thomas Jefferson as President and for George Clinton as Vice-President.

The return certifies the votes to have been given as stated in an inclosed paper.

In this return the votes are not certified to have been given by ballot, but agreeably to law.

After the returns had been all examined, without any objection having been made to receiving any of the votes, Mr. S. Smith, on behalf of the tellers, communicated to the President the foregoing result, which was read from the Chair; when the VicePresident said, Upon this report it becomes my duty to declare, agreeably to the Constitution, that THOMAS JEFFERSON is elected President of the United States for the

term of four years from the 3d day of March next, and that GEORGE CLINTON is elected Vice-President of the United States for the term of four years from the 3d day of March next."

[Previous to the above proceedings, a short debate arose in the Senate on the keeping the doors open or shut during the counting of the votes. Mr. Wright submitted a motion for their being kept open; which, after some opposition, was agreed to.]

On motion,

February 14, 1805.

Resolved, That the President of the United States be requested to cause to be transmitted to GEORGE CLINTON, esq., of New York, Vice-President elect 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, being convened in the city of Washington, on the second Wednesday in February, in the year of our Lord one thousand eight hundred and five, the underwritten, VicePresident of the United States and President of the Senate, did, in the presence of the Senate and House of Representatives, open all the certificates and count all the votes of the electors for a President and Vice-President of the United States; whereupon, it appeared that THOMAS JEFFERSON, of Virginia, had a majority of the votes of the electors as President, and GEORGE CLINTON, of New York, had a majority of the votes of the electors as Vice-President; by all which it appears that THOMAS JEFFERSON, of Virginia, has been duly elected President, and GEORGE CLINTON, of New York, has been duly elected Vice-President of the United States, agreeably to the Constitution. In witness whereof I have hereunto set my hand and seal this 14th day of February, 1805.

IN THE HOUSE OF REPRESENTATIVES, February 12, 1805.

On motion, it was Resolved, That a committee be appointed 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.

February 13, 1805.

Resolred, That this House will attend in the Chamber of the Senate this day at noon, for the purpose of being present at the opening and counting the votes for President and Vice-President of the United States, that Mr. Joseph Clay and Mr. Roger Griswold be appointed tellers to act jointly with the teller who may be 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 the choice has been made agreeably to the Constitution, such entry on the Journals shall be deemed a sufficient declaration thereof. A message was received from the Senate informing the House that Mr. Smith, of Maryland, has been appointed a teller of the votes of President and Vice-President of the United States on the part of the Senate, conformably with their vote of the 12th instant, and are now ready, in the Senate Chamber, to proceed therein; whereupon Mr. Speaker, attended by the House, proceeded to 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 is inserted an exact copy of the table appearing in the Senate proceedings.] The President of the Senate, in pursuance of the duty enjoined on him, announced the State of the votes to both Houses, and declared that THOMAS JEFFERSON, of Virginia, having the greatest number, and a majority of the votes of the electors appointed, is duly elected President of the United States for the term commencing on the 4th day of March next; and that GEORGE CLINTON, of New York, having also received the greatest number, and a majority of the votes of all the electors appointed, was duly elected Vice-President of the United States for the term commencing on the 4th day of March

next.

THE MASSACHUSETTS ELECTORS.

IN THE HOUSE of RepresentaTIVES, December 26, 1808. Mr. Barker presented a representation of sundry inhabitants of Hanover, in the county of Plymouth, and State of Massachusetts, stating that the late appointment of

electors of President and Vice-President of the United States by the Legislature of that State is irregular and unconstitutional, in consequence of the failure of the Legislature to lay the same before the governor of that State for his approbation, as the law thereof directs, and praying that the Congress of the United States, when the electoral votes are opened and counted, will take the subject into their consideration and prevent the establishment of so dangerous a precedent.

Ordered to lie on the table.

January 10, 1809.

The Speaker presented to the House a representation of sundry inhabitants of Townsend, in the county of Middlesex, and State of Massachusetts, stating certain objections to the manner of appointing electors for President and Vice-President of the United States by the senate and house of representatives of said State of Massachusetts, and praying the interference of the powers vested by the Constitution in the two Houses of Congress to prevent the establishment of a precedent which, in their opinion, will have a dangerous tendency; which was ordered to lie on the table.

IN THE HOUSE OF REPRESENTATIVES, January 31, 1809. Messrs. Varnum, Seaver, Cook, Ilsley, Barker, Cutts, and Green presented petitions from various towns in the State of Massachusetts, remonstrating against the mode in which the late election of electors was conducted in that State.

Mr. Cutts moved, as the time was fast approaching when it would be necessary to decide upon the subject of these petitions, a reference of all the petitions on this subject to a joint committee of the two Houses; which was withdrawn to make way for a resolution to the same effect offered by Mr. Bacon, which was agreed to in the following words:

Resolved, That a committee on the part of this House, jointly with such as the honorable Senate may join, be appointed for the purpose of taking into consideration the several memorials from sundry of the citizens of the State of Massachusetts, remonstrating against the mode in which the electors for President and Vice-President has been proceeded to on the part of the Legislature of said State as irregular and unconstitutional, and praying for the interference of the Senate and House of Representatives of the United States for the purpose of preventing the establishment of so dangerous a precedent; and that said committee do examine the matter of said memorials and report their opinion thereupon to both Houses.

The memorials were ordered to be sent to the Senate and the concurrence of Senate asked to the above joint resolution.

It was further ordered that the proposed resolution and order lie upon the table.

February 2, 1809.

Mr. Bacon called for the consideration of the above resolution, offered by him on Monday.

Mr. Randolph wished the resolution to lie on the table that the members of the House might have an opportunity to take it into their most serious consideration. He said it appeared to him that, under color of redress of grievances, the resolution might go in a very alarming and dangerous manner to enlarge the sphere of action of the General Government at the expense of the dearest rights of the States. In what manner, asked he, is the General Government constituted? We, as one of the branches of the Legislature, are unquestionably the judges of our own qualifications and returns. The Senate, the other branch of the Legislature, is in like manner the judge without appeal of the qualifications of its own members. But with respect to the appointment of President on whom is that authority devolved in the first instance? On the electors, who are to all intents and purposes, according to my apprehension, as much the judges of their own qualifications as we are of ours; and it appears to me as competent to the people of any part of this country to prefer a petition to the electoral college to set aside the returns of any members of Congress as to prefer petitions to this House to set aside the qualifications of electors. True it is that for the convenience of the thing, and also for the prevention of cabals and intrigue, the electors assemble in separate divisions in the respective States; but they are to be considered, to all intents and purposes, as a body of men equal in number to the Senate and House of Representatives, charged with the election of President and Vice-President of the United States, and judges in the last resort of their own qualifications and returns. If not, they are a mere nullity. This is a delicate subject; one which is agreed on all hands there is no occasion to touch. The election is not only undisputed but indisputable. If we do away the decision of the electoral body, which is as independent of us as we are of them, the Constitution is in my opinion verging to its dissolution. Mr. Bacon said he certainly should consent that the resolution should lie on the table He was by no means certain that this House or both Houses had the power of acting on the subject; but he thought it an attention due to the memorials to give them a

* # *

[ocr errors]

*

*

reference to a select committee. He did not wish to commit himself or the House on the subject.

The resolution was ordered to lie on the table.

February 6, 1809. Several petitions having been presented in addition to those heretofore stated against the mode in which the late election in the State of Massachusetts was conducted, Mr. Bacon offered the following resolution:

Resolved, That the Clerk of this House do carry to the Senate the several memorials from sundry citizens of the State of Massachusetts, remonstrating against the mode in which the appointment of electors for President and Vice-President has been proceeded to on the part of the senate and house of representatives of said State as irregular and unconstitutional, and praying for the interference of the Senate and House of Representatives of the United States for the purpose of preventing the establishment of so dangerous a precedent.

Mr. J. G. Jackson said he saw no objection to the resolution, or even to going further than it proposed. The Constitution had declared that the election of electors in each State should be held in such manner as the Legislature should direct; and he said he would never consent to the doctrine that any set of men, without the authority of law, could make an election of electors. He believed that the case was not provided for; and as the present case could not vary the general result of the presidential election, gentlemen appeared not to be disposed to interfere in it. But he hoped it would operate on the House to induce them to consider the propriety of providing some mode of hereafter distinguishing between legal and illegal or surreptitious elections.

Mr. Van Horn moved to strike out the words in italic, as he understood them as committing the House to express an opinion on the subject of the petitions. Motion lost. Mr. Rowan was opposed to the resolution. He contended that the Constitution having provided that each State shall choose, in such manner as the Legislature shall direct, a number of electors equal to the number of their Senators and Representatives, it was improper that this House should interfere in it. Why might it not as well interfere in the election of Senators? He said that Congress did not possess a superintending power over the acts of the States in general cases; if they did in this particular instance, he wished it to be shown. He thought that an interference by Congress would be an assumption of power on their part forming a dangerous precedent. The House was called upon to say that the Legislature of the State of Massachusetts had improperly directed the manner of election. Was Congress to form for the States a model of the manner in which they should direct their elections to be held? Congress had no power to act on the subject. Why, then, send the memorials to the Senate? He said he was against taking any order in relation to them. In his opinion it was improper to give the petitions a place on the files of the House, because they related to a subject on which the House had no power to legislate. Having been received, he wished them to lie on the table.

Mr. Bacon observed that the adoption of the resolution would not commit the House at all. He was aware that there was a difficulty in acting on this subject, and he only wished to give an intimation to the Senate that such petitions had been received. The resolution was agreed to-yeas 51, nays 24.

[The memorials went to the Senate the next day, where it was ordered that they lie on the table.]

ELECTION FOR THE SIXTH TERM-1809.

JAMES MADISON, President.

GEORGE CLINTON, Vice President.

IN SENATE, February 3, 1809. Mr. Smith, of Maryland, submitted the following motion; which was read and agreed to: Resolved, That a committee be appointed, to join such committee as may be appointed by the House of Representatives, to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons elected of their election, and for regulating the time, place, and manner of administering the oath of office to the President.

Mr. Smith, of Maryland, and Mr. Gaillard, of South Carolina, were appointed the committee on the part of the Senate.

February 7, 1809.

Mr. Smith, from the joint committee, reported the following resolution; which was agreed to:

Resolved, That the two Houses shall assemble in the Chamber of the House of Representatives on Wednesday next, at twelve o'clock; that one person be appointed a teller

on the part of the Senate, to make a list of the votes 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, and the persons elected, to the two Houses assembled as aforesaid, which shall be deemed a declaration of the persons elected President and Vice-President, and, together with a list of the votes, to be entered on the Journals of the two Houses. Ordered, That Mr. Smith, of Maryland, be appointed teller on the part of the Senate, agreeably to the foregoing resolution.

February 8, 1809.

A message from the House of Representatives informed the Senate that the House is now ready to attend the Senate in opening the certificates and counting the votes of the electors of the several States in a choice of a President and Vice-President of the United States, in pursuance of the resolutions of the two Houses of Congress of the seventh instant, and that the President of the Senate will be introduced to the Speaker's chair by the Speaker of the House of Representatives.

The two Houses of Congress, agreeably to the joint resolution, assembled in the Representatives' Chamber, and the certificates of the electors of the several States were, by the President of the Senate, opened and delivered to the tellers appointed for the purpose, who, having examined and ascertained the number of votes, presented a list hereof to the President of the Senate which was read; as follows:

[blocks in formation]

*One of the votes of Kentucky lost, from the non-attendance of one of the electors. The whole number of votes being 175, of which 88 make a majority. Whereupon,

The President of the Senate declared JAMES MADISON elected President of the United States for four years, commencing with the 4th day of March next; and GEORGE CLINTON Vice-President of the United States for four years, commencing with the 4th day of March next.

The Senate having returned to its Chamber, the following resolution was adopted: Resolved, That the President of the United States be requested to cause to be delivered to JAMES MADISON, esq., of Virginia, now Secretary of State of the United States, a notification of his election to the office of President of the United States, and to be transmitted to GEORGE CLINTON, 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 in the city of Washington on the second Wednesday in February, in the year of our Lord one thousand eight hundred and nine, the underwritten, President of the Senate pro tempore, did, in the presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the elect

« PreviousContinue »