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.

[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 tion of the same shall be made to the Senate.

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 pur-President and members of the Senate; and notificapose 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 appointed to prepare and report rules proper to be observed in the choice of a President of the United States: Whereupon,

"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 appear that a President is duly chosen.

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

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.

House.

The House, accordingly, resolved itself into a "6th. In balloting, the following mode shall be Committee of the Whole on the said report; observed, to wit: The representatives of the respecand, after some time spent therein, the Chair- tive States shall be so seated that the delegation of man reported that the committee had had the said each State shall be together. The representatives of report under consideration, and directed him to each State shall, in the first instance, ballot among report to the House their agreement to the themselves, in order to ascertain the votes of the same, with an amendment; which he deli-State; and it shall be allowed, where deemed necesvered 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

sary 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 six-
teen ballot boxes provided; and that there be, ad-
ditionally, two boxes provided for the purpose of
receiving the votes of the States; that after the dele-

gation 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 Sergeant-
at-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
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-

The said

譯

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 Rcert
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.

1

Recapitulation of the Votes of the Electors.

73

73

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.

FEBRUARY 14.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirtieth ballot; and, upon examination thereof, the result was declared to be the same.

Ordered, That the ballot be repeated at o'clock.

one

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-first ballot; and, upon examination thereof, the result was

clared to be the same.

[H. OF R.

FERSON, of Virginia; the votes of four States for AARON BURR, of New York; and that the votes of two States had been given in blank; and, that, consequently, THOMAS JEFFERSON, of Virginia, had been, agreeably to the constitution, elected President of the United States, for the term of four years, commencing on the fourth day of March next.*

*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

Ordered, That the ballot be repeated at two o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-second ballot; and, upon examination thereof, the result was declared to be the same.

Ordered, That the ballot be repeated at three o'clock.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-third ballot; and, upon examination thereof, the result was declared to be the same.

current has already (January 7th) acquired considerable

force, and is manifestly increasing. The vote which the repre

sentation of a State enables me to give would decide the question in favor of Mr. Jefferson. At present I am by no means decided as to the object of preference. If the Federal Party should take up Mr. Burr, I ought certainly to be impressed with the most undoubting conviction before I separate myself from them." This passage from a letter of Mr. Bayard, (who afterwards decided the election,) shows the

imminence of the danger of Burr's election; and the answer

to it, (with letters to other federal members,) shows that that danger was averted by General Hamilton. In these letters he depicted Burr as morally and politically a bad man, utterly unfit and unsafe to be trusted with the Presidency, and in circumstances to make crime his necessity as

Ordered, That the ballot be repeated on Mon-well as his inclination, and implored him to save the country day next at twelve o'clock, and not before.

FEBRUARY 16.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-fourth ballot; and, upon examination thereof, the result was declared to be the same.

Ordered, That the ballot be repeated to-morrow at twelve o'clock, and not before.

FEBRUARY 17.

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-fifth ballot; and, upon examination thereof, the result was declared to be the same.

Ordered, That the ballot be repeated at one o'clock.

from the "calamity" of his election. The sting of these letters, rankling in the bosom of Burr, produced the duel in which General Hamilton afterwards lost his life. A singu. larly hard fate! to die for serving his country, and that in the person of an enemy.

This election in the House of Representatives, protracted through four days and to the 36th ballot, produced the most

intense excitement throughout the United States, and filled

the minds of all good men with alarm for the safety of the Union. The conclusion, however, showing ten States to

have voted for Mr. Jefferson, and only four for Mr. Burr, shows that there were many members duly impressed with the solemnity of the crisis, and patriotically coming forward to sacrifice private and political feeling on the altar of public safety. The following detail of the 36 ballotings, all alike

but the last, appeared in the National Intelligencer at the time, and shows the name and the vote of the different members in this most arduous and eventful struggle.

[From the National Intelligencer, of Feb. 17 and 18, 1801.] That the people may know how the votes of their Representatives have been given, we present a statement:

New Hampshire.-4 for Burr, viz: Mr. Foster, Mr. Sheafe, Mr. Tenney, and Mr. Freeman.

Massachusetts.-11 for Burr, viz: Mr. S. Lee. Mr. Otis, Mr. N. Read, Mr. Shepard, Mr. Thatcher, Mr. Wadsworth, Mr. L. Williams, Mr. Bartlett, Mr. Mattoon, Mr. J. Read,

The time agreed upon by the last-mentioned vote being expired, the States proceeded in manner aforesaid to the thirty-sixth ballot; and, upon examination thereof, and the result being reported by the tellers to the SPEAKER, the SPEAKER declared to the House that the votes of ten States had been given for THOMAS JEF-Brown.

Mr. Sedgwick.

Three for Jefferson, viz: Mr. Bishop, Mr. Varnum, Mr. Lincoln.

Rhode Island.-2 for Burr, viz: Mr. Champlin, and Mr. J.