IN THE HOUSE OF REPRESENTATIVES, February 10, 1817. A message from the Senate informed the House that the Senate have passed a resolution for the appointment of a joint committee to ascertain and report a mode of examining the votes for President and Vice-President of the United States, and for notifying the persons elected of their election; and have, conformably thereto, appointed a committee on their part. The said resolution was read and concurred in by the House; and Messrs. Jackson, Irving of New York, and Pitkin were appointed of the committee on the part of the House. February 11, 1817. Mr. Jackson, from the committee above mentioned, reported the following resolution: Resolved, That the two Houses shall assemble in the Chamber of the House of Representatives on Wednesday next, at twelve o'clock; that two persons be appointed tellers, on the part of this House, to make a list of the votes as they shall be delivered; 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, be entered on the Journals of the Houses. Messrs. Jackson and Pitkin were appointed tellers on the part of the House. Wednesday, February 12, on motion of Mr. Jackson, a message was sent to the Senate, informing them that the House of Representatives were ready to proceed, agreeably to the mutual resolution of yesterday, to open and count the votes for President and Vice-President of the United States. The Senate, soon after, entered the House of Representatives, preceded by their President, who was received by the Speaker at the chair of the House, in which the President of the Senate took his seat. The tellers of the two Houses occupied seats in front of the chair. The seals of the votes were broken by the President of the Senate, and by him handed to the tellers, by whom they were read aloud, and recorded on the Journals of the Senate and House of Representatives by the Secretary of the Senate and the Clerk of the House, respectively. The votes of all the States being read with the exception of Indiana, Mr. Taylor, of New York, arose, and (addressing himself to the Speaker of the House) expressed his unfeigned regret at being compelled, by his sense of duty, to interrupt the proceedings of the two Houses. Mr. Taylor was then going on to state his reasons for objecting to the votes from Indiana being read and recorded, when The Speaker interrupted him, and said that the two Houses had met for the purpose— the single specified purpose-of performing the constitutional duty which they were then discharging, and that while so acting, in joint meeting, they could consider no proposition, nor perform any business not prescribed by the Constitution. Mr. Varnum, of the Senate, (addressing the President of the Senate,) expressed his concurrence in the propriety of what had been stated by the Speaker, and for the purpose of allowing the House of Representatives to deliberate on the question which had been suggested, he moved that the Senate withdraw to their Chamber. The motion was seconded by Mr. Dana, of the Senate, and the question being put by the President to the members of the Senate, it was unanimously agreed to; and the Senate withdrew accordingly.* Messrs. GALES & SEATON: *[From the National Intelligencer.] In your paper this morning, in detailing the proceedings of the two Houses of Congress relating to counting the votes for President and Vice-President, you state that the motion made by Mr. Varnum, and seconded by Mr. Dana, that the Senate should withdraw, "was unanimously agreed to." This, gentlemen, was a mistake. There were several negatives, distinctly and audibly given, and a division being called for, it is doubtful how the question would have been decided. The writer of this is one of those who voted against the motion, believing that the two Houses ought not to separate until they had discharged the duty which brought them together, and that in counting the votes it was for them to decide what were votes in the meaning of the Constitution. Reflection has confirmed him in this opinion; and regarding the precedent as set by the Senate's withdrawing as one which it would be inconve nient and dangerous to follow, he is not willing to see it recorded as a unanimous act, when the reverse is the case, and thereby a weight and importance given which do not in reality belong to it. WASHINGTON CITY, February 14, 1817. [No doubt whatever is entertained of the correctness of the above statement, for which we are much indebted to the writer, but the reporter certainly heard not a single negative, Having stated the proceedings of the House of Representatives on the question referred to in the above note, it may be proper to notice what, we learn, took place in the Senate after that body withdrew from the House. On retiring to their Chamber, some conversation took place in the Senate on the subject that had produced the separation of two Houses, when Mr. Barbour moved the adoption of a resolution that the State of Indiana had a right, by her electors, to vote for President and Vice-President, on the first Monday in December last. This resolution was supported by Messrs. Talbot. Mason of New Hampshire, Barbour, Dana, and Daggett, and opposed by Messrs. Campbell and Fromentin. Before any decision took place on the resolution, the message from the House of Representatives, announcing their readiness to proceed in counting the votes, was received: when Mr. Barbour stated that, as the question which had interrupted the proceedings of the joint meeting The Speaker having stated to the House that it now remained for them to consider the subject which had interrupted the forms of the Constitution, Mr. Taylor, of New York, said that although the question, as regarded the present election, was of no consequence yet the time might arrive when it would be of the greatest importance in the election of President of the United States, and that it would be better to settle it now, when its decision would not affect the election. He then proceeded with his objection to receiving the votes of Indiana, contending that the joint resolution of December last, admitting that State into the Union, was not a matter of form merely, but a great constitutional prerogative, to be exercised by Congress; until which a sister-State could not be admitted into the Union upon an equal footing. If this was not so where was the use of passing upon the form of government adopted by the State and sanctioning her admission, if she was admitted to an equal footing already? The electors of President and Vice-President having been elected in Indiana before she was declared to be admitted into the Union by Congress, he thought the votes of that State were no more entitled to be counted than if they had been received from Missouri or any other Territory of the United States. He acknowledged he did not know what would be the most proper course of proceeding in the business, but believed it would be best to adopt a joint resolution that the votes of Indiana, having been given previous to her admission into the Union, were illegal and ought not be received. Mr. Cady, of New York, thought the matter had been settled by the admission of Senators and Representatives from Indiana to their seats, and that it was too late on that account to question her right to participate in the election of President; and that from the moment the constitution of the State was assented to, she was entitled to all the privileges of an independent member of the Union. Mr. Sharp, of Kentucky, to settle the question, offered a joint resolution, "That the votes for electors for the State of Indiana for President and Vice-President of the United States were properly and legally given, and ought to be counted." Mr. Bassett, of Virginia, thought the resolution ought not to be a joint one, as it might establish a precedent which might in time, in the case of a tie, &c., deprive this House of one of its powers, by permitting the Senate to participate in this question. Mr. Calhoun suggested to Mr. Sharp if it would not be better to offer his resolution in the negative form. He did not believe the votes improper, but the question would be put to rest with more certainty, he thought, by rejecting it in a negative shape than it would by agreeing to it in its present form. Mr. Taylor, of New York, moved to amend the resolution by substituting therefor a motion declaring the votes illegal, &c. The discussion was continued at some length, the question turning upon the fact as to whether or not Indiana was a State in the Union after it had adopted its constitution and before it was admitted by a formal act of Congress. No one appeared to question the power of Congress to reject the vote of Indiana if that State was not a State in the Union at the time the electoral votes were cast. Mr. Ingham, of Pennsylvania, moved the resolution and amendment be indefinitely postponed; whicb motion was agreed to almost unanimously; and then, On motion of Mr. Jackson, a message was sent to the Senate informing them of the readiness of this House to proceed in counting the votes. The Senate soon after entered the Representatives' Hall; when The Speaker informed them that the House had not seen it necessary to come to any resolution or to take any order on the subject which had produced the separation of the two Houses. The reading of the votes was then concluded; and the tellers handed a statement thereof to the President of the Senate, who announced to the joint meeting the following as the state of the votes: [Here follows the table, which is an exact copy of the one appearing in the Senate proceedings, except there follows a recapitulation of the votes.] The President of the Senate declared that JAMES MONROE, of the State of Virginia, was duly elected President of the United States for four years, to commence on the 4th day of March next; and that DANIEL D. TOMPKINS, of the State of New York, was duly elected Vice-President of the United States for the like term of four years, to commence on the said 4th day of March next. originated in the other House, and they having announced their readiness to resume the business which had called the two Houses together, it was unnecessary, he thought, to take any order on the resolution he had submitted, and therefore withdrew it. The Senate then again proceeded to the Representatives' Hall. On Thursday, the next morning, there was a considerable discussion on the question of how the ceeding of the preceding day should be stated on the Journal of the Senate, since, being novel in its character, the proceeding might be drawn into precedent on occasions of more importance than the present. It was finally resolved that the Journal shall be made "according to former precedents."-EDITORS NAATIONAL INTELLIGENCER.] ATTEMPT TO REMEDY THE UNCERTAINTY AS TO COUNTING THE ELECTORAL VOTE BY LEGISLATION. IN SENATE, December 12, 1820. Mr. Wilson, of New Jersey, submitted the following resolution: "Resolved, That the Committee on the Judiciary be instructed to inquire whether any, and, if any, what provisions are necessary or proper to be made by law to meet contingencies which may arise from unlawful, disputed, or doubtful votes under that part of the twelfth article of amendments to the Constitution of the United States which relates to counting the votes of the electors for the President and Vice-President of the United States." Mr. Wilson said it would be found, on referring to the article in the Constitution alluded to in this resolution, that the provision in relation to counting the votes for President and Vice-President is very general. The words are, "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." It is not said who shall count the votes, nor who shall decide what votes shall be counted. In consequence of this defect, as the Senate will well remember, some difficulty occurred four years ago, in relation to the votes of Indiana. Objections were made to receiving these votes; the counting was interrupted; the two houses separated; and although on that occasion they again came together and proceeded on and completed the business before them, so happy a result might not always be produced. Cases might occur where stronger doubts might exist or more excitement prevail, debates be protracted, decisions deferred, and serious inconveniences or evils follow. Was it not probable that such a case would occur during the present session? Would it not at least be prudent to guard against danger from such contingency? Congress has unquestionably the power, under the last clause under the eighth section of the first article of the Constitution, and he thought they ought to exercise it by vesting the authority to decide upon doubtful, disputed, or unlawful votes, either in the President of the Senate, the Senate itself, the House of Representatives, or the two houses conjointly or separately. At least he deemed the subject of sufficient importance to justify the inquiry proposed in the resolution which he had submitted. Mr. Wilson submitted also the following resolution: "Resolved, That the Committee on the Judiciary be instructed to inquire whether any, and, if any, what, amendments are necessary and proper to be made to the act entitled 'An act relative to the election of the President and Vice-President of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President,' passed March 1, 1792." FEBRUARY 1, 1821. Mr. Smith, from the Committee on the Judiciary, to which was referred the resolution to inquire, whether any, and, if any, what, provisions are necessary or proper to be made by law to meet contingencies which may arise from unlawful, disputed, or doubtful votes, under that part of the twelfth article of amendments to the Constitution of the United States which relates to counting the votes of the electors for President and Vice-President of the United States, made the following report: "That the committee have had the resolution under their consideration, and are of opinion that it is inexpedient at this time to legislate on this subject." Mr. Smith, from the Committee on the Judiciary, to which was referred the resolution to inquire whether any, and, if any, what, amendments are necessary and proper to be made to the act entitled "An act relative to the election of President and VicePresident of the United States, and declaring the officer who shall act as President in case of vacancies in the offices both of President and Vice-President," passed March 1, 1792, made the following report: "That the committee have duly considered the resolution, and are of opinion that it would be inexpedient to legislate further on this subject at this time.” ELECTION FOR NINTH TERM-1821. JAMES MONROE, President. IN SENATE, February 6, 1821. 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 of the United States, and of notifying the persons elected of their election. February 7, 1821. The above resolution was considered and agreed to; and Mr. Barbour and Mr. Mason were appointed the committee on the part of the Senate. February 13, 1821. Mr. Barbour, from the joint committee, reported the following resolutions; which were read, considered, and agreed to: Resolved, That the two Houses shall assemble in the Chamber of the House of Representatives on Wednesday next, at twelve o'clock, and the President of the Senate shall be the presiding officer; 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 of the United States, and, together with a list of votes, be entered on the Journals of the two Houses. Resolved, That if any objection be made to the votes of Missouri, and the counting or omitting to count which shall not essentially change the result of the election, in that case they shall be reported by the President of the Senate in the following manner: Were the votes of Missouri to be counted, the result would be, for A B for President of the United States, votes. If not counted for A B for President of the United States, votes. But in either event A B is elected President of the United States. And in the same manner for Vice-President. Mr. Barbour explained, in detail, the reasons which influenced the committee in adopting the resolutions which it recommended. Mr. King, of New York, spoke in particular reference to what he deemed the correct course of proceeding in joint meetings; thinking it consistent with the Constitution, and with propriety, that the House should come to the Senate if the apartment had not rendered it inconvenient; and that when a convenient plan should be completed for joint meetings, he hoped the practice heretofore prevailing would not be considered in the light of a precedent, but that they should repair thither, and the President of the Senate preside in joint meeting, &c. He was opposed to the settlement of any litigated question in joint meeting, where the Senate, as a body, would be lost; and argned that whenever any such should arise, it would be always proper that the two Houses should separate. Mr. Macon offered some remarks explanatory of the views of the committee on the points before them; some thinking the votes of Missouri ought to be received and counted, and others that they ought to be rejected; that they had agreed on the second resolution as the most likely course to reconcile any difficulty. As to the place of meeting, the Chamber of the Senate would have been recommended but for the reason it could not comfortably accommodate the two Houses. The question being put on the first resolution, it was agreed to nem. con. On the second resolution a long debate took place. It was opposed by Messrs. Smith, Talbot, Williams of Tennessee, and Lanman on various grounds; principally for the reason that it was not competent in the Senate to decide such a question in anticipation; that the proper time to consider and settle it was the day appointed by the Constitution; that the two Houses would not be bound to-morrow by this report; that it was useless to touch the question now whether Missouri was a State or not, or had a right to vote; that her votes could not be legally known now, &c. The resolution was defended by Messrs. Barbour, Otis, and Johnson of Kentucky, on the ground that, as the question would certainly arise to-morrow in joint meeting, it was much better to adjust it now, and prevent all difficulty and trouble. Mr. King, of New York, in accordance with the opinions he had submitted, wished some amendment introduced to prevent the mode of proceeding from being quoted as a precedent hereafter-an amendment declaring that if any question should arise relative to any votes in joint meeting, the two Houses would separate to consider the case, and not decide it jointly. Mr. Barbour said that on the present occasion, as the election could not be affected by the votes of any one State, no difficulty could arise, and that it was his intention hereafter to bring the subject up, to remedy what he considered a casus omissus in the Constitution, either by an act of Congress, if that should appear sufficient, or, if not, by an amendment to the Constitution itself. The second resolution was then also agreed to. February 14, 1821. A message from the House of Representatives informed the Senate that the House of Representatives concur in the report of the joint committee appointed to make arrangements upon the subject of counting the votes for President and Vice-President of the United States, and have appointed tellers on their part, and are now ready to receive the Senate to perform that ceremony. Whereupon 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, beginning with the State of New Hampshire, were by the President of the Senate opened and delivered to tellers appointed for that purpose, by whom they were read, except the State of Missouri; and when the cerificates of the electors of that State were opened, objection was made by Mr. Livermore, a member of the House of Representatives from New Hampshire, to counting said votes. Whereupon, on motion by Mr. Williams of Tennessee, the Senate returned to their own chamber. A message from the House of Representatives informed the Senate that the House was ready to receive the Senate in the chamber of the House for the purpose of continuing the enumeration of the votes for President and Vice-President, according to the joint resolutions agreed upon between the two Houses. On motion of Mr. Barbour, it was Resolved, That the Senate proceed to meet the House of Representatives, in order to conclude the counting of the votes for President and Vice-President of the United States, according to the last of the joint resolutions adopted for that purpose. Whereupon the two Houses, having again assembled in the Representatives' chamber, the certificates of the electors of the State of Missouri was, by the President of the Senate, delivered to the tellers, who read the same, and who, having examined and ascertained the whole number of votes, presented a list thereof to the President of the Senate, by whom it was read, as follows: The whole number of electors appointed by the several States was 235. One elector in each of the States of Pennsylvania, Tennessee, and Mississippi having died before the meeting of the electoral college of which he was a member, made the whole number of votes actually cast 232, including the vote of Missouri, of which 117 make a majority; or, excluding the vote of Missouri, 229, of which 115 make a majority; but in either event JAMES MONROE is elected President, and DANIEL D. TOMPKINS, VicePresident. Whereupon, The President of the Senate declared JAMES MONROE, of Virginia, duly elected President of the United States, commencing with the 4th day of March next; and DANIEL D. TOMPKINS Vice-President of the United States, commencing with the 4th day of March next. February 20, 1821. Mr. Barbour submitted the following motions for consideration: |