FEBRUARY, 1801.]

Rules for Election of President.

mittee on the part of the Senate, to ascertain and report a mode of examining the votes given for President and Vice President of the United States; of notifying the persons elected of their election, and the time, place, and manner of administering the oath of office to the President, reported that the committee had taken the subject referred to them under consideration, but had come to no agreement thereupon.

A message from the Senate, informed the House that the Senate would be ready to receive the House in the Senate Chamber, on Wednesday next, at twelve o'clock, for the purpose of being present at the opening and counting of the votes for President of the United States; and that the Senate have appointed a teller on their part, to make a list of the votes for President of the United States as they shall be declared.

Rules for Election of President. The House proceeded to consider the report made on Friday last, from the committee apbe observed in the choice of a President of the pointed to prepare and report rules proper to United States: Whereupon,

[H. OF R.

"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 fourth day of March next.

"1st. 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.

"2d. 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.

"3d. The House, on their return from the Senate Chamber, it being ascertained that the constitutional number of States were 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 dent, the House shall not adjourn until a choice be appear that a President is duly chosen. "4th. After commencing the balloting for Presi

made.

"5th. The doors of the House shall be closed dur

Ordered, That the said report be committed to a Committee of the whole House imme-ing the balloting, except against the officers of the diately.

The House, accordingly, 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 thereupon, agreed to by the House.

A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fourth rule contained in the said report, in the words following, to wit:

"4th. After commencing the balloting for President, the House shall not adjourn until a choice is made:"

And, the question being taken thereupon, it passed in the negative-yeas 47, nays 53.

A motion was then made and seconded that the House do disagree with the Committee of the whole House in their agreement to the fifth rule contained in the said report, in the words following, to wit:

"5th. The doors of the House shall be closed during the balloting, except against the officers of the House: "

And, the question being taken thereupon, it passed in the negative-yeas 45, nays 54.

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:

VOL. II.-34

House.

"6th. 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 votes of the 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 shail 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 the purpose of 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 ballot boxes, and the delegation of each State, in the presence and subject to the examination of all the members of the delega tion, 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 When the both be deposited by the same person. votes of the States are all thus taken in, the Sergeantat-Arms shall carry one of the general ballot boxes 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 The said of the State from which he was taken. tellers shall be divided into two equal sets, according to such agreement as shall be made among them

H. OF R.]

Election of President.

[FEBRUARY, 1801

selves; and one of the said sets of tellers shall pro- | sident of the United States, as they shall be ceed to count the votes in one of the said boxes, and declared; that the result shall be delivered to the other set the votes in the other box; and in the the President of the Senate, who shall announce event of no appointment of teller by any delegation, the state of the vote, which shall be entered on the Speaker shall in such case appoint. When the the journals; and if it shall appear that a choice votes of the States are counted by the respective sets hath been made agreeably to the constitution, of tellers, the result shall be reported to the House; such entry on the journals shall be deemed s and if the reports agree, the same shall be accepted sufficient declaration thereof. as the true votes of the States; but if the reports disagree, the States shall immediately proceed to a new ballot, in manner aforesaid.

"7th. 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.

Ordered, That the Clerk of this House do ac quaint the Senate therewith.

WEDNESDAY, February 11.

On motion, it was

"8th. All questions which shall arise after the Resolved, That all letters and packets to Jons balloting commences, and which shall be decided by ADAMS, now President of the United States, afthe House voting per capita to be incidental to the ter the expiration of his term of office, and durpower of choosing the President, and which shall re-ing his life, may be transmitted by post, free of quire 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."

TUESDAY, February 10.
Credentials of Members.

Mr. DENT, from the standing Committee of Elections, made a report, which he delivered in at the Clerk's table, where the same was read,

and is as follows:

"The Committee of Elections having examined the credentials of several members claiming seats in this House, report:

"That, by two certificates of the Governor of Massachusetts, under seal of the State, and dated the ninth day of January, one thousand eight hundred and one, it appears by one of the said certificates that Ebenezer Mattoon is duly elected to serve as a member of the House of Representatives of the United States, in the room of Samuel Lyman, stated therein to have resigned; and by the other certificate, that Levi Lincoln is duly elected as aforesaid, in the place of Dwight Foster, appointed a Senator of the United States.

"It appears, also, by a letter under the signature of the Governor of Pennsylvania, dated the twentyfirst day of January, one thousand eight hundred and and addressed to the Speaker, accompanied by authenticated documents, that John Stewart is duly chosen, in the place of Thomas Hartley, deceased.

one,

"The committee are of opinion that Ebenezer Mattoon is entitled to a seat, in the place of Samuel Lyman, resigned; Levi Lincoln, in the place of Dwight Foster, appointed a Senator of the United States; and John Stewart, in the place of Thomas Hartley, deceased."

postage.

Ordered, That a bill or bills be brought in pursuant to the said resolution; and that Mr. OTIS, Mr. THATCHER, and Mr. SHEPARD, be appointed a committee to prepare and bring in the

same.

Election of President.

for counting the votes of the Electors of Presi-
On this day, being the day by law appointed
dent and Vice President, there were present
is to say:
the following Representatives, respectively, that

From New Hampshire.-Abiel Foster, Jonathan
Freeman, James Sheafe, and Samuel Tenney.

From Massachusetts. --Theodore Sedgwick (Speaker), John Read, Joseph P. Varnum, William Shepard, Peleg Wadsworth, Silas Lee, Lemuel Williams, George Thatcher, Bailey Bartlett, Phanuel Bishop, Harrison G. Otis, Nathan Read, Levi Lincoln, and Ebenezer Mattoon.

From Connecticut.-John Davenport, Roger Griswold, Samuel W. Dana, Chauncey Goodrich, Elizar Goodrich, William Edmond, and John C. Smith.

From Vermont.-Matthew Lyon, and Lewis R Morris.

From Rhode Island.-Christopher G. Champlin, and John Brown.

From New York.-John Smith, Philip Van Cortlandt, Jonas Platt, Henry Glenn, John Thompson, Theodorus Bailey, John Bird, William Cooper, Lucas Elmendorph, and Edward Livingston.

From New Jersey.-James Linn, Aaron Kitchell, John Condit, James H. Imlay, and Franklin Davenport.

From Pennsylvania.-Robert Brown, Albert Gallatin, Andrew Gregg, John A. Hanna, Joseph Heister, John Wilkes Kittera, Michael Leib, Peter Muhlenberg, John Smilie, John Stewart, Richard Thomas, Robert Waln, and Henry Woods.

From Delaware.-James A. Bayard.

Smith, Gabriel Christie, William Craik, Joseph H.
From Maryland.-John Chew Thomas, Samuel
Nicholson, George Dent, George Baer, and John

Dennis.

From Virginia-Samuel J. Cabell, Matthew Clay, John Dawson, Joseph Eggleston, Thomas Evans, Samuel Goode, Edwin Gray, David Holmes, George Jackson, Henry Lee, Anthony New, John Nicholas,

!

FEBRUARY, 1801.]

Election of President.

Robert Page, Josiah Parker, Leven Powell, John
Randolph, Abram Trigg, John Trigg, and Lyttleton
W. Tazewell.

From North Carolina-Willis Alston, Joseph Dick-
son, William Barry Grove, Archibald Henderson,
William H. Hill, Nathaniel Macon, Richard Dobbs
Spaight, Richard Stanford, David Stone, and Revert

Williams.

From South Carolina.-Robert Goodloe Harper, Benjamin Huger, Abraham Nott, Thomas Pinckney, and John Rutledge.

From Georgia.-Benjamin Taliaferro.
From Kentucky.-John Fowler, and Thomas T,

Davis.

From Tennessee.-William Charles Cole Claiborne. Mr. SPEAKER, attended by the House, then went into the Senate Chamber, and took seats therein, when both Houses being assembled, Mr. RUTLEDGE and Mr. NICHOLAS, the tellers on the part of this House, together with Mr. WELLS, the teller on the part of the Senate, took seats at a table provided for them, in the front of the

President of the Senate.

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:

John Jay.

Recapitulation of the Votes of the Electors.

Thomas Jefferson,

Aaron Burr,

1

73

73

John Adams,

65

[H. or R.

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 for 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 the following members were appointed tellers of the respective States, to examine ballots of each State, pursuant to the sixth rule adopted by the House on the ninth instant, to wit:

For the State of New Hampshire, Abiel Foster; Massachusetts, Harrison G. Otis; Rhode Island, Christopher G. Champlin; Connecticut, Roger Griswold; Vermont, Lewis R. Morris; New York, Theodorus Bailey; New Jersey, James Linn; Pennsylvania, Albert Gallatin; Delaware, James A. Bayard; Maryland, George Dent; Virginia, Lyttleton W. Tazewell; North Carolina, Nathaniel Macon; South Carolina, Thomas Pinckney; Georgia, Benjamin Taliaferro; Kentucky, John Fowler; Tennessee, William Charles Cole Claiborne.

The members of the respective States then proceeded to ballot, in the manner prescribed by the rule aforesaid, and the tellers appointed by the States, respectively, having put duplicates of their votes into the general ballot boxes prepared for the purpose, the votes contained therein were taken out and counted, and the result being reported to the SPEAKER, he declared to the House that the votes of eight States had been given for THOMAS JEFFERSON, of Virginia; the votes of six States for AARON BURR, of New York; and that the votes of two States were divided.

The constitution of the United States requiring that the votes of nine States should be necessary to constitute a choice of President of the United States, a motion was made and seconded, that the ballot for the President be repeated in one hour; and, the question being taken by States, it passed in the negative.

The States then proceeded, in the manner aforesaid, to a second ballot; and, upon examination of the ballot boxes, it appeared that the votes of eight States had been given for THOMAS JEFFERSON, of Virginia; and the votes of six States for AARON BURR, of New York; and that the votes of two States were divided.

The States then proceeded in like manner to a third ballot; and, upon examination thereof, the result was declared to be the same.

The States then proceeded in like manner to a fourth ballot; and, upon examination thereof, the result was declared to be the same.

The States then proceeded in like manner to 64 a fifth ballot; and, upon examination thereof, 1 the result was declared to be the same.

*This result was due, more than to any other, to General Hamilton, as the majority of the federal party were strongly disposed to support Colonel Burr-from doing which, they were impressively and successfully counselled by him. He was personally well with Burr, and ill with Jefferson, but took the public good, and not his own feelings, for his guide. He said of them, and of his own duty between them: "If there be a man in the world I ought to hate, it is Jefferson. With Burr I have always been personally well. But the

public good must be paramount to every private considera

tion." The danger of Burr's election was imminent, as appears from a letter of Bayard's to General Hamilton, wherein

he says: "I assure you, sir, there appears to be a strong inde-clination in the Federal party to support Mr. Burr. The