any such votes were given, what ought to be done with them; and whether any, and what, provision ought to be made for securing the faithful observance, in future, of that section of the Constitution.

Mr. Grundy, Mr. Clay, and Mr. Wright were appointed the committee on the part of the Senate.

FEBRUARY 1, 1837.

The House of Representatives concurred in the foregoing resolution, and appointed Mr. Thomas, Mr. Cambreling, Mr. Reed, Mr. Connor, and Mr. Lyon the committee on the part of the House.

IN SENATE, February 4, 1837.

Mr. Grundy, from the committee on the part of the Senate, "appointed to join such committee as might be appointed on the part of the House of Representatives, to ascertain and report a mode of examining the votes for President and Vice-President of the United States, of notifying the persons elected of their election; and also to inquire into the expediency of ascertaining whether any votes were given at the recent election contrary to the prohibition contained in the second section of the second article of the Constitution; and, if any such votes were given, what ought to be done with them; and whether any, and what, provision ought to be made for securing the faithful observance in future of that section of the Constitution," submitted the following report and accompanying resolutions:

That the short period at which they were appointed, before the day on which the votes for President and Vice-President of the United States have to be counted, has prevented them from investigating the facts submitted to their examination as fully as might have been done had more time been allowed. The correspondence which has taken place between the chairman of the committee and the heads of the different Departments of the executive branch of the Government accompanies this report, from which it appears that Isaac Waldron, who was an elector in New Hampshire, was, at the time of his appointment as elector, president of a deposit-bank at Portsmouth, and was appointed and acting as pension-agent, without compensation, under the authority of the United States; that in two cases persons of the same names with the individuals who were appointed and voted as electors in the State of North Carolina, held the offices of deputy postmasters under the General Government. It also appears that in New Hampshire there is one case; in Connecticut there is one case; in North Carolina there is one case, in which, from the report of the Postmaster-General, it is probable that, at the time of the appointment of electors in these States, respectively, the electors or persons of the same name were deputy postmasters. The committee have not ascertained whether the electors are the same individuals who held or are presumed to have held the offices of deputy postmasters at the time when the appointment of electors was made; and this is the less to be regretted as it is confidently believed that no change in the result of the election of either the President or VicePresident would be effected by the ascertainment of the fact in either way, as five or six votes only would in any event be abstracted from the whole number, for the committee cannot adopt the opinion entertained by some that a single illegal vote would vitiate the whole electoral vote of the college of electors in which it was given, particularly in cases where the vote of the whole college has been given for the same persons.

The committee are of opinion that the second section of the second article of the Constitution, which declares that "no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector," ought to be carried in its whole spirit into rigid execution in order to prevent officers of the General Government from bringing their official power to influence the elections of President and Vice-President of the United States. This provision of the Constitution, it is believed, excludes and disqualifies deputy postmasters from the appointment of electors; and the disqualification relates to the time of the appointments, and that a resignation of the office of deputy postmaster after his appointment as elector would not entitle him to vote as elector under the Constitution.

Should a case occur in which it became necessary to ascertain and determine upon the qualifications of electors of President and Vice-President of the United States, the important question would be presented, what tribunal would, under the Constitu tion, be competent to decide? Whether the respective colleges of electors in the different States should decide upon the qualifications of their own members, or Congress should exercise the power, is a question which the committee are of opinion ought to be settled by a permanent provision upon the subject.

The committee at present, and in part, report the following resolutions:

Resolved, That the two houses shall assemble in the chamber of the House of Representatives on Wednesday next, at 12 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 and two on the part of the House of Representatives, to make a list of the votes as they shall be declared; that the result shall be delivered to the President of the Sen

ate, 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 Journal of the two houses.

Resolved, That, in relation to the votes of Michigan, if the counting or omitting to count them shall not essentially change the result of the election, they shall be reported by the President of the Senate in the following manner: Were the votes of Michigan 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. NORVELL called for a division of the question. He objected to the second resolution because Michigan was now a State in the Union, acknowledged to be such by the Congress of the United States.

Mr. GRUNDY observed that the committee were unanimous in reporting the second resolution objected to by the gentleman from Michigan. The same course had been pursued with regard to the State of Missouri, and under the like circumstances; and when Senators recollected that this was the very place where the rock lies which may destroy this Government, they would perceive that the committee had good reasons for recommending the resolution objected to. Suppose the two houses should differ and sepa rate, and suppose the House should refuse to send for the Senate again, where will be your President or Vice-President? Though he had been one of the most anxious for the admission of Michigan, yet he thought it better, under the circumstances, that her vote should not be counted except in the way provided for by the second resolution. To count the vote could do no good, inasmuch as it would not vary the result, and it might do harm. No man was more anxious than he was for the admission of Michigan, yet he must express the opinion that she was not a State of this Union when she gave her vote.

Mr. NORVELL again rose and reiterated his arguments at greater length. He cited the case of Indiana as exactly analogous to that of Michigan, and said that Missouri had not been received into the Union when the electoral vote was counted. His object in getting up was not to provoke debate, but to protest against the principle of the second resolution and ask for himself and his colleague the privilege of recording their names against it.

Mr. CLAY said the committee had followed exactly the course adopted in the case of Missouri, and the Senators from Michigan would see that there was to be no exclusion of their votes, though no use might be made of them. Whether they were counted or not, the result would be the same. Now, when gentlemen reflected a moment upon the operations of this Government, the difficulties to be settled, the important questions pending, and especially the one as to the election of the Chief Magistrate, they would see at once the necessity of avoiding doing anything which would have the effect of creating excitement or throwing any difficulty in the way at this particular juncture, when they were about to decide on so very important a question as would have to be disposed of on Wednesday next.

He went on to show the case of Michigan was not exactly like that of Missouri nor that of Indiana.

Mr. CALHOUN said Michigan was a State de facto at the time she formed her constitution; and if her electors were not legally appointed, neither were her Senators, who were admitted upon this floor. He did not believe that doubtful questions of this kind should be waived, and this question should be settled at once. He should vote against the resolution.

Mr. LYON asked what course would have been pursued if the vote of Michigan had varied the result? Would Michigan, in such a case, be deprived of her vote? He contended that Michigan was as much entitled to count her vote as was the State of Indiana.

Mr. GRUNDY replied that the gentleman could not expect him to answer a question which the wisest of their predecessors had purposely left undetermined. What might be done, under the circumstances adverted to by the Senator from Michigan, should they ever occur, the wisdom of the day must decide.

The first resolution was adopted without division; the second, by a vote of 34 to 9.

IN THE HOUSE OF REPRESENTATIVES, February 6, 1837. On motion of Mr. Thomas, the House took up the report made by the joint committee of the houses relative to counting the votes for President and Vice-President of the United States.

A message having arrived from the Senate at that moment, informing the House that that body had agreed to the same report and resolutions,

Mr. THOMAS moved it be taken up and concurred in.

[The report and resolutions were the same as heretofore given in the Senate proceedings.]

Mr. MERCER was understood to make an inquiry whether any votes have been given by persons not competent, under the Constitution of the United States, to vote as electors of President and Vice-President.

Mr. Thomas's answer was, in substance, the same as the report of the joint committee. He concluded: The committee, however, had expressed a very decided disapprobation of any officer of the General Government participating, in the manner these gentlemen had done, in the election of President and Vice-President of the United States, and they had proposed a remedy, by either giving the power to reject to the college or to Congress, as might be deemed most expedient.

Mr. CAMBRELING stated, in addition, what had been omitted by the gentleman from Maryland, that it appeared, from examining the list of re-appointments of deputy postmasters, that the gentlemen referred to had probably all resigned before they gave in their votes for President and Vice-President.

Mr. THOMAS had not adverted to that fact because the committee came unanimously to the conclusion that they were not eligible at the time they were elected; and, therefore, the whole proceeding was vitiated ab initio.

Mr. CRARY, of Michigan, asked a division of the question. He thought the position of his State was analogous to that of Indiana, and that her vote should be received and counted.

The resolutions were adopted without division, and Mr. Thomas and Mr. Ingersoll appointed tellers on its part.

IN SENATE, February 8, 1837.

A message from the House of Representatives announced that the House had appointed Levi Lincoln a teller on its part in the place of Mr. Ingersoll, excused; and that it was ready to receive the Senate and to proceed in opening the certificates and counting the votes of the electors for President and Vice-President of the United States.

IN THE HOUSE OF REPRESENTATIVES, February 8.

This being the day specially set apart by a joint resolution for the two houses to convene in joint meeting for the purpose of opening and counting the electoral votes given by the several States for President and Vice-President of the United States,

Mr. HAYNES said, as the hour had nearly elapsed, he begged to propound an inquiry to the Chair in relation to the order in which the Senate should be received by the House on occasions like the present.

The CHAIR stated, in reply, that the usual course had heretofore been for the House, some short time before the arrival of the hour, to send a message to the Senate informing that body that the House was in readiness to receive them and count the votes. The Chair stated further that, so far as he had been informed, the mode of receiving the Senate by the House was for the members to stand, uncovered.

Mr. PATTON moved that while the votes were being counted ladies be admitted to the privilege of the floor of the hall.

Mr. JARVIS objected.

Mr. CALHOUN, of Massachusetts, moved a suspension of the rules. Agreed to, and Mr. Patton's motion was agreed to without a division.

Mr. ANTHONY inquired if it was necessary to move that a committee wait upon the Senate, and if so, whether the chairman of the select committee on the subject should appoint a subcommittee, or the Speaker of the House.

The CHAIR stated in reply that upon every occasion of this kind, with a single exception, the invariable course had been to send a message to the Senate by the Clerk. În one instance only the message had been transmitted by a committee of two members of the House, who were also appointed to conduct the Senate into the hall, but that was a departure from the former practice.

Mr. ANTHONY moved that a message be then sent to the Senate by the Clerk, notifying that body that the House was in readiness to receive them, and count the votes for President and Vice-President of the United States.

The CHAIR stated before putting the question that the seats on the right of the Speaker's chair had been provided for the accommodation of the Senate, and others provided for the members to which they belonged.

Mr. Anthony's motion was then put and agreed to.

The Clerk accordingly left the House. The Senate shortly after entered the hall, with the President of the Senate, Hon. William R. King, of Alabama, at their head, preceded by the Secretary and Sergeant-at-Arms of the Senate, and were received at the door of the hall and conducted to the seats assigned them by the Sergeant-at-Arms of the House of Representatives, and the members being uncovered and rising in their places.

IN THE PRESENCE OF THE SENATE AND HOUSE OF REPRESENTATIVES, February 8, 1837. When the Senators had taken the seats assigned them, and the President of the Senate had seated himself on the right of the Speaker, the tellers took their seats at the Clerk's

table. The tellers were: for the Senate, the Hon. Felix Grundy; for the House of Representatives, the Hon. Francis Thomas and the Hon. Levi Lincoln.

The PRESIDENT OF THE SENATE then rose and said: The two houses being now convened for the purpose of counting the electoral vote of the several States for President and Vice-President of the United States, the President of the Senate will, in pursuance of the provisions of the Constitution, proceed to open the votes and deliver them to the tellers, in order that they may be counted. I now present to the tellers the electoral vote of the State of Maine.

The tellers then counted the votes, and announced them as follows, severally, in their order, the same form having been observed in every case, the tellers also reading the qualification of the electors and the certificates of their elections:

The PRESIDENT then announced to the two houses the state of the vote for President of the United States, as delivered by the tellers, to be:

And the state of the vote for Vice-President of the United States, as delivered by the tellers, to be:

For RICHARD M. JOHNSON, of Kentucky,{

For FRANCIS GRANGER, of New York..
For JOHN TYLER, of Virginia....
For WILLIAM SMITH, of Alabama.

Were Michigan counted...

Were Michigan not counted..

147

144

77

47

23

That it therefore appeared that, were the votes of Michigan to be counted, the result would be:

For MARTIN VAN BUREN, of New York, for President of the United States, 170 votes; if not counted, for MARTIN VAN BUREN, of New York, for President, 167 votes; but, in either event, MARTIN VAN BUREN is elected President of the United States.

And thereupon,

He declared that Martin Van Buren, of New York, having received a majority of the whole number of electoral votes, was duly elected President of the United States for four years, commencing with the 4th of March, 1837.

That it also appeared that, were the votes of Michigan to be counted, the highest number of votes for Vice-President of the United States would be 147; and, if not counted, the highest number would be 144 votes; but, in either event, no person had a majority of the electoral votes as Vice-President of the United States; he thereupon declared that no person having a majority of the whole number of electoral votes as Vice-President of the United States, an election to that office had not been effected; that Richard M. Johnson of Kentucky, and Francis Granger, of New York, were the two highest on the lists of electoral votes; and that it devolved on the Senate of the United States, as provided in the Constitution, to choose from these persons a Vice-President of the United States.

The Senate then returned to their chamber.

IN SENATE, February 8, 1837.

Mr. GRUNDY, from the joint committee, reported that the joint committee, in further execution of the duties with which they were charged by the two houses of Congress, have agreed to the following resolution; in which their committee recommend the Senate to concur:

Resolved, That a committee of one member of the Senate be appointed by that body, to join a committee of two members of the House of Representatives, to be appointed by that House, to wait on Martin Van Buren, of New York, and to notify him that he has been duly elected President of the United States for four years, commencing with the 4th day of March, 1837.

The Senate proceeded, by unanimous consent, to consider the said resolution, and concurred therein.

It was agreed that the President appoint the committee; and
Mr. Grundy was appointed accordingly.

Mr. GRUNDY submitted the following resolution; which was considered and agreed to: Whereas, upon counting the electoral votes in the presence of both houses of Congress, given at the late election for President and Vice-President of the United States, it appears that no person has received for the office of Vice-President of the United States a majority of the votes of the whole number of electors appointed; and it also appearing that Richard M. Johnson, of Kentucky, and Francis Granger, of New York, have the two highest numbers on the list of those voted for to fill the office of Vice-President: Therefore,

Resolved, That the Senate do now proceed to choose a Vice-President from the said Richard M. Johnson and Francis Granger, they having the two highest numbers on the list; and the manner of voting shall be as follows: The Secretary of the Senate shall call the names of the Senators in alphabetical order, and each Senator will, when bis name is called, name the person for whom he votes; and if a majority of the whole number of Senators shall vote for either the said Richard M. Johnson or Francis Granger, he shall be declared by the Presiding Officer of the Senate constitutionally elected Vice-President of the United States for four years, commencing the 4th day of March, 1837.

The Secretary having called the names of the Senators, respectively, in alphabetical order, the result was as follows:

For Richard M. Johnson, of Kentucky, thirty-three votes, viz:

Messrs. Benton, Black, Brown, Buchanan, Cuthbert, Dana, Ewing of Illinois, Fulton, Grundy, Hendricks, Hubbard, King of Alabama, King of Georgia, Linn, Lyon, McKean, Moore, Morris, Moulton, Nichols, Niles, Norvell, Page, Parker, Rives, Robinson, Ruggles, Sevier, Strange, Tallmadge, Tipton, Walker, and Wright.

For Francis Granger, of New York, sixteen votes, viz:

Messrs. Bayard, Clay, Clayton, Crittenden, Davis, Ewing of Ohio, Kent, Knight, Prentiss, Robbins, Southard, Spence, Swift, Tomlinson, Wall, and Webster.

It appeared, therefore, that the whole number of votes was 49, and that, of these, thirty-three votes were given in favor of RICHARD M. JOHNSON, of Kentucky, and sixteen votes in favor of Francis Granger, of New York.

The PRESIDENT OF THE SENATE thereupon declared Richard M. Johnson, of Kentucky, constitutionally elected Vice-President of the United States for four years, commencing on the fourth day of March, 1837.

The following motion was submitted by Mr. GRUNDY, considered by unanimous consent, and agreed to:

Resolved, That a committee of three members be appointed to wait on Richard M.