Memoirs of Aaron Burr Part 69

John Woodworth, of Rensellaer.

J. Van Rensellaer, of Albany.

Jacob Eacker, of Montgomery, and

William Floyd, of Suffolk.

The vote stood:--

Republican. Federal.

In the Senate 18 24 In the a.s.sembly 64 39

Thus, on joint ballot, the republican majority was nineteen; and consequently, as the city of New-York elected _twelve_ members, if the federalists had succeeded in the city, they would have had, in joint ballott, a majority of from six to ten.

As a part of the history of this election, the following letter and extracts from letters are here inserted.

THOMAS JEFFERSON TO AARON BURR.

Washington, December 15, 1800.

"DEAR SIR,

Although we have not official information of the votes for president and vice-president, and cannot have until the first week in February, yet the state of the votes is given on such evidence as satisfies both parties that the two republican candidates stand highest. From South Carolina we have not even heard of the actual vote, but we have learned who were appointed electors, and with sufficient certainty how they would vote. It is said they would withdraw from yourself one vote. It has also been said that a General Smith, of Tennessee, had declared that he would give his second vote to Mr. Gallatin, not from any indisposition towards you, but extreme reverence to the character of Mr. Gallatin. It is also surmised that the vote of Georgia will not be entire. Yet n.o.body pretends to know these things of a certainty, and we know enough to be certain that what it is surmised will be withheld, will still leave you four or five votes at least above Mr.

Adams. However, it was badly managed not to have arranged with certainty what seems to have been left to hazard. It was the more material, because I understand several high-flying federalists have expressed their hope that the two republican tickets may be equal, and their determination in that case to prevent a choice by the House of Representatives (which they are strong enough to do), and let the government devolve on a president of the Senate. Decency required that I should be so entirely pa.s.sive during the late contest, that I never once asked whether arrangements had been made to prevent so many from dropping votes intentionally as might frustrate half the republican wish; nor did I doubt, till lately, that such had been made.

"While I must congratulate you, my dear sir, on the issue of this contest, because it is more honourable, and, doubtless, more grateful to you than any station within the competence of the chief magistrate, yet, for myself, and for the substantial service of the public, _I feel most sensibly the loss we sustain of your aid in our new administration. It leaves a chasm in my arrangements which cannot be adequately filled up. I had endeavoured to compose an administration whose talents, integrity, names, and dispositions should at once inspire unbounded confidence in the public mind, and ensure a perfect harmony in the conduct of the public business. I lose you from the list,_ and am not sure of all the others. Should the gentlemen who possess the public confidence decline taking a part in their affairs, and force us to take persons unknown to the people, the evil genius of this country may realize his avowal that 'he will beat down the administration.' The return of Mr. Van Benthuysen, one of your electors, furnishes me a confidential opportunity of writing this much to you, which I should not have ventured through the postoffice at this prying season. We shall, of course, see you before the fourth of March. Accept my respectful and affectionate salutations."

The letter is, in a great measure, incomprehensible. It indicates nothing but Mr. Jefferson's extreme terror and apprehension lest he should be disappointed in his antic.i.p.ated elevation to the presidency.

It displays the _tact_ of the ostrich, and the _sincerity_ of a refined Jesuit. What does Mr. Jefferson mean by the declaration that he had formed a cabinet, of which Mr. Burr was to be a member? What when he says--_"I lose you from the list?_' Can any man believe that Mr. Jefferson expected to be elected president, but that Colonel Burr would be defeated; and that, acting upon such a state of facts, he had already selected the members of his administration, and that Mr. Burr was one of them? The supposition is absurd; but, without such a supposition, what becomes of the truth of Mr. Jefferson's declaration when he says--"I feel most sensibly the loss we sustain of your aid in our new administration. _It leaves a chasm in my arrangements_ which cannot be adequately filled up?" If this letter is carefully read and a.n.a.lyzed, its object may be comprehended. It was written a few weeks before the balloting was to take place in Congress. Mr. Jefferson expresses doubt as to the vote Mr. Burr will receive, but considers it certain that he will have "four or five votes at least above Mr.

Adams." Four days after this letter he writes in a very different tone to a friend.

MR. JEFFERSON TO MR. MADISON.

"Washington, December 19, 1800.

"DEAR SIR,

"Mrs. Brown's departure for Virginia enables me to write confidentially what I would not have ventured by the post at this prying season. The election in South Carolina has, in some measure, decided the great contest. Though, as yet, we do not know the actual votes of Tennessee, Kentucky, and Vermont, yet we believe the votes to be, on the whole, Jefferson, 73; Burr, 73; Adams, 65; Pinckney, 64.

Rhode Island withdrew one from Pinckney. There is a possibility that Tennessee may withdraw _one_ from Burr, and Burr writes that there may be one vote in Vermont for Jefferson. But I hold the latter _impossible_, and the former _not probable_; and that there will be an absolute parity between the two republican candidates. This has produced great dismay and gloom on the republican gentlemen here, and exultation in the federalists, who openly declare they will prevent an election, and will name a president of the Senate _pro tem._ by what, they say, would only be a _stretch_ of the const.i.tution. The prospect of preventing this is as follows. Georgia, North Carolina, Tennessee, Kentucky, Vermont, Pennsylvania, and New-York can be counted on for their vote in the House of Representatives, and _it is thought, by some, that BAER of Maryland and LINN of New-Jersey will come over._"

The preceding extract shows that Mr. Jefferson entertained no doubt "that there would be an absolute parity between the two republican candidates," notwithstanding his doubting remarks on that subject to Colonel Burr. Hopes were also entertained "that Mr. Baer of Maryland and _Linn of New-Jersey would come over._" Reference will hereafter be made to these two states. The result of the electoral vote was as Mr.

Jefferson antic.i.p.ated. _Seventy-three_ republican and _sixty-five_ federal.

Although the ballots for president and vice-president had not been examined officially, yet it was well known that there was a tie between Mr. Jefferson and Colonel Burr.

On the 5th of February, 1801, Mr. Bayard, in the House of Representatives, offered a resolution declaring that, in case of a tie, the house would continue to ballot until a choice of president was made. It was referred to a select committee, and, on the 10th, it, with other rules to govern the house during the balloting, was adopted. The Senate pa.s.sed a resolution that the ballots should be opened with closed doors. William H. Wells, of Delaware, of the Senate, and John Nicholas, of Virginia, and John Rutledge, of South Carolina, of the House of Representatives, were appointed tellers.

On the 11th of February the ballots were opened. During the performance of this ceremony a most extraordinary incident occurred.

As it is known to but few now living, and never been publicly spoken of, it has been deemed proper to record it here, as a part of the history of that exciting contest.

The Aurora of the 16th of February, 1801, remarks, that "the tellers declared that there was some informality in the votes of Georgia; but, believing them to be true votes, reported them as such." No explanation of the nature of this informality was given; nor is it known that any has ever been given since. Had it been announced at the time, there can be no doubt it would have proved fatal to the election of Mr. Jefferson. Whether the interest of our country would or would not have been thereby promoted, is not a question for discussion here.

By the Const.i.tution of the United States at that time it was provided, Art. 2, sect. 1, "The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each, _which list they shall sign, and certify_, and transmit, sealed, to the seat of the government of the United States, directed to the President of the Senate. 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. The person having the greatest number of votes shall be the president, if such number be _a majority of the whole number of electors appointed_; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose, by ballot, one of them for president; and if no person have a majority, then from the _five highest_ on the list the said house shall, in like manner, choose the president. But, in choosing the president, the votes shall betaken by states, and a majority of all the states shall be necessary to a choice."

From the above extract it will be seen that the Const.i.tution is imperative as to the _form_ and _manner_ in which the electoral returns are to be made. The ceremony of opening was performed in the presence of the two houses. The package of a state having been opened by the vice-president, it was handed by him to the tellers. Mr.

Jefferson was the presiding officer. On opening the package endorsed Georgia votes, it was discovered to be totally irregular. The statement now about to be given is derived from an honourable gentleman, a member of Congress from the state of New-York during the administration of Mr. Jefferson, and yet living in this state. He says that Mr. Wells (a teller on the part of the Senate) informed him that the envelope was blank; that the return of the votes was not authenticated by _the signatures of the electors, or any of them, either on the outside or the inside of the envelope, or in any other manner_; that it merely stated in the inside that the votes of Georgia were, for Thomas Jefferson _four, and for Aaron Burr _four_, without the signature of any person whatsoever. Mr. Wells added, that he was very undecided as to the proper course to be pursued by the tellers.

It was, however, suggested by one of them that the paper should be handed to the presiding officer, without any statement from the tellers except that the return was informal; that he consented to this arrangement under the firm conviction that Mr. Jefferson would announce the nature of the informality from the chair; but, to his utmost surprise, he (Mr. Jefferson) rapidly declared that the votes of Georgia were _four_ for Thomas Jefferson and _four_ for Aaron Burr, without noticing their informality, and in a hurried manner put them aside, and then broke the seals and handed to the tellers the package from the next state. Mr. Wells observed, that as soon as Mr. Jefferson looked at the paper purporting to contain a statement of the electoral vote of the state of Georgia, his countenance changed, but that the decision and prompt.i.tude with which he acted on that occasion convinced him of that which he (a federalist) and his party had always doubted, that is to say, Mr. Jefferson's decision of character, at least when his own interest was at hazard. Mr. Wells further stated, that if the votes of Georgia had not been thus counted, as it would have brought all the candidates into the house, Mr. Pinckney among the number, Mr. Jefferson could not have been elected president.

The same honourable member of Congress further stated, that some few years after receiving the above information from Mr. Wells, he became intimately acquainted with John Nicholas, who was one of the tellers referred to, and who had removed from Virginia into the western part of the State of New-York. Mr. Nicholas gave to the honourable member the same statement in substance, not knowing that it had been previously derived from Mr. Wells. Mr. Nicholas was a warm personal and political friend of Mr. Jefferson, and declared that he never felt so astounded in his life as when he discovered the irregularity. He claimed some credit for the adroit manner in which he had managed Mr.

Rutledge, so far as to obtain his consent to hand the paper to Mr.

Jefferson without public explanation from the tellers, and which was effected by a conciliatory appeal to the magnanimity of the member from South Carolina.

The whole number of electoral votes given at the election in 1800 was _one hundred and thirty-eight_: necessary to a choice, _seventy_. Mr.

Jefferson and Mr. Burr had each, according to the return made, seventy-three. Georgia gave _four _votes. If that number had been deducted from Jefferson and Burr, as illegally returned, of which there is no doubt, they would have had only _sixty-nine_ votes each; consequently they would not have had, in the language of the Const.i.tution, "a majority of the whole number of electors appointed,"

and the candidates out of which a choice of president must be made would have been Mr. Jefferson, Mr. Burr, Mr. Adams, and Mr. Pinckney.

The federal members would then have said to the republicans, We will unite with you in the choice of either of the gentlemen presented to the house except Mr. Jefferson; and if the government is to be brought to a termination by our failure to elect a president, the responsibility will be on you. And is it to be believed, that in such a case the _doubtful_ members who were sighing for office, if any such there were, would have rejected the suggestion in toto?

The balloting continued from the 11th until the 17th of February inclusive. _Nine_ states were necessary to a choice. On the first ballot Mr. Jefferson had _eight_, Mr. Burr _six_, and _two_ states were divided. At every ballot the same result was announced, until the _thirty-sixth_ ballot, which was given on the 17th of February, when Mr. Jefferson was declared duly elected, _ten_ states having voted for him.

On the first ballot Mr. Jefferson received New-York, New-Jersey, Pennsylvania, Virginia, North Carolina, Kentucky, Georgia, and Tennessee--_eight_.

Mr. Burr received New-Hampshire, Ma.s.sachusetts, Rhode Island, Connecticut, Delaware, and South Carolina --_six_.

Divided, Vermont and Maryland--_two_.

On the final ballot Mr. Jefferson received New-York, New-Jersey, Pennsylvania, Virginia, North Carolina, Kentucky, Georgia, Tennessee, Maryland (_four_ votes and _four_ blanks), Vermont (_one_ vote and _one_ blank)--_ten_.

Mr. Burr received New-Hampshire, Ma.s.sachusetts, Rhode Island, and Connecticut--_four_.

Delaware _blank_, South Carolina _no vote_.

During the balloting _one hundred and six_ members of the House of Representatives were present. Of this number _fifty-one_, on the first ballot, voted for Mr. Jefferson; and on no subsequent vote was that number increased. The election was effected by the states of Maryland and Vermont giving their vote, instead of remaining _equally divided_, and thus having no vote; and that change was produced in Maryland by Mr. Craick, Mr. Dennis, Mr. Baer, and Mr. Chew Thomas voting _blank_, and Mr. Lewis R. Morris, of Vermont, in like manner voting blank, leaving Mr. Matthew Lyon the sole representative of the state.

Previous to the balloting, Mr. Burr addressed to General S. Smith, of Baltimore, a member of the House of Representatives, the following letter. It will be seen by the date, that as soon as Colonel Burr supposed that there was a probability of a tie, he const.i.tuted General Smith his proxy to declare his sentiments.

EXTRACT.

"New-York, 16th December, 1800.

"It is highly improbable that I shall have an equal number of votes with Mr. Jefferson; but, if such should be the result, every man who knows me ought to know that I would utterly disclaim all compet.i.tion.

Be a.s.sured that _the federal party can entertain no wish for such an exchange_. As to my friends, they would dishonour my views and insult my feelings by a suspicion that I would submit to be instrumental in counteracting the wishes and the expectations of the United States.

And I now const.i.tute you _my proxy to declare these sentiments_ if the occasion should require." [2]