day of March next, and that George Clinton is elected Vice-President of the United States, for the term of four years from the third day of March next. [Previous to the above proceedings, a short debate arose in the Senate on the keeping the doors open or shut during the counting of the votes. Mr. Wright submitted a motion for their being kept open, which, after some opposition, was agreed to.] IN SENATE. Thursday, February 14, 1805. ("Annals of Congress," 8th Cong., p. 58.) On motion, it was Resolved, That the President of the United States be requested to cause to be transmitted to George Clinton, Esq., of New York, VicePresident elect of the United States, notification of his election to that office, and that the President of the Senate do make out and sign a certificate in the words following, viz.: "Be it known that the Senate and House of Representatives of the United States of America, being convened at the city of Washington, on the second Wednesday in February in the year of our Lord 1805, the underwritten Vice-President of the United States and President of the Senate did, in the presence of the said Senate and House of Representatives, open all the certificates and count all the votes of the electors for a President and Vice-President of the United States; whereupon it ap- | peared that Thomas Jefferson, of Virginia, had a majority of the votes of the electors as President, and George Clinton, of New York, had a majority of the votes of the electors as VicePresident; by all which it appears that Thomas Jefferson, of Virginia, has been duly elected President, and George Clinton, of New York, has been duly elected Vice-President of the United States, agreeably to the Constitution. "In witness whereof, I have hereunto set my hand and seal this 14th day of February, 1805." And that the President of the Senate do cause the certificate aforesaid to be laid before the President of the United States, with this resolution. IN SENATE. Friday, February 15, 1805. ("Annals of Congress," 8th Cong., pp. 58, 59.) A message from the House of Representatives informed the Senate that the House have passed a resolution for the appointment of a joint committee to wait on the President of the United States and to notify him of his reelection, and have appointed a committee on their part. The resolution was read, and ordered to lie for consideration. IN SENATE Saturday, February 16, 1805. ("Annals of Congress," 8th Cong., p. 59,) The Senate took into consideration the resolution of the House of Representatives, for the appointment of a joint committee to wait on the President of the United States to notify hit of his reëlection; and having agreed thereto, Messrs. Baldwin, and Smith of Maryland, were appointed a committee on their part. IN HOUSE OF REPRESENTATIVES. (" Annals of Congress," 8th Cong., pp. 1192-1194.) On motion, it was Resolved, That a committee pe appointed on the part of this House, to join such committee as may be appointed on the part of the Senate, to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected, of their election, and to regulate the time, place, and manner of administering the oath of office to the President. Ordered, That Mr. Joseph Clay, Mr. Varnum, Mr. Dennis, Mr. Thomas Moore, and Mr. Dickson, be appointed a committee pursuant to said resolution; and that the Clerk of this House do carry the resolution to the Senate and desire their concurrence. A message from the Senate notified the House that the Senate will be ready to receive the House of Representatives in the Senate Chamber, on Wednesday, the thirteenth of February, at noon, for the purpose of being present at the opening and counting the votes for President and Vice-President of the United States: That one person be appointed a teller on the part of the Senate to make a list of votes for President and Vice-President of the United States, as they shall be declared, and that the result shall be delivered to the President of the Senate, who shall announce the state of the vote, which shall be entered on the Journals, and if it shall appear that a choice had been made agreeably to the Constitution, such entry on the Journals shall be deemed a sufficient declaration thereof. A message from the Senate informed the House that the Senate have considered the resolution of this House for the appointment of a joint committee of the two Houses "to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected, of their election, and to regulate the time, place, and manner of administering the oath of office to the President" and do not concur therein. IN HOUSE OF REPRESENTATIVES. Wednesday, February 13, 1805. ("Annals of Congress," 8th Cong., pp. 1194-1196.) On motion, it was Resolved, That this House will attend in the Chamber of the Senate this day, at twelve o'clock, noon, for the purpose of being present at the opening, and counting of the votes for President and Vice-President of the United States; that Mr. Joseph Clay and Mr. Roger Griswold be appointed tellers to act jointly, with the teller appointed on the part of the Senate, to make a list of the votes for President and Vice-President of the United States, 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, which shall be entered on the Journals; and if it shall appear that the choice has been made agreeably to the Constitution, such entry on the Journals shall be deemed a sufficient declaration thereof. A message was received from the Senate informing the House that Mr. Smith, of Maryland, has been appointed a teller of the votes of President and Vice-President of the United bly with their vote of the 12th instant, and States, on the part of the Senate, conformaceed therein; Whereupon Mr. Speaker, atare now ready in the Senate Chamber, to proChamber and took seats therein; when both tended by the House, proceeded to the Senate Houses being assembled 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 shown in the preceding table. 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, having the greatest number and a majority of the votes of the electors appointed, was duly elected President of the United States for the term commencing on the fourth day of March next; and that George Clinton, of New York, having also the greatest number, and a majority of the votes of all the electors appointed, was duly elected Vice-President of the United States for the term commencing on the fourth day of March next. The two Houses then separated, and the House of Representatives being returned to their Chamber, Mr. Speaker resumed the chair. The list of the votes of the electors for President and Vice-President of the United States, as declared by the President of the Senate and hereinbefore recited, was read at the Clerk's table. On motion, it was Resolved, That a committee be appointed to join such committee as may be appointed by the Senate to wait on the President, and to notify to him his reëlection to the office of President of the United States. Ordered, That Mr. Nicholson, Mr. Gregg, and Mr. Varnum be of the said committee, on the part of this House. of Mr. Walton, the elector from the State of Kentucky, who did not attend to give his vote, stating the reason thereof. He stated his object to be to state on the Journal the reason why one vote was deficient from the State of Kentucky that it might serve as a precedent on similar occasions. For if hereafter, in consequence of the sickness or inability to attend of any one or more electors, there should be a tie between any two candidates for the presidency, it would be made a matter of question whether their votes, although unable to attend at the time, ought not to be counted. Some discussion took place on this point, it being contended by some gentlemen that the House had no concern with the causes why any vote was not received, but merely to count those which came to hand. And that if it was intended to fix a precedent to govern future proceeding on this subject, it ought to be done with great deliberation. Mr. Macon's motion was negatived-Ayes 20. SEVENTH PRESIDENTIAL TERM. 1813-1817. JAMES MADISON, President; ELBRIDGE GERRY, Vice-President. Tuesday, February 9, 1813. ("Annals of Congress," 12th Cong., pp. 77, 78.) A message from the House of Representatives informed the Senate that the House concur in the resolution of the Senate 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 of notifying the persons elected of their election; and have appointed a committee on their part. Mr. Gaillard, from the joint committee appointed on the 8th instant 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, reported, in part, the following resolution, which was read 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; 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; and, together with a list of the votes, be entered on the Journals of the two Houses. Ordered, That Mr. Gaillard be appointed a teller of ballots on the part of the Senate, agreeably to the foregoing resolution. IN SENATE. Wednesday, February 10, 1813. ("Annals of Congress," 12th Cong., pp. 79, 80.) A message from the House of Representatives informed the Senate that the House agree to the report of the joint committee appointed 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, and have appointed Messrs. Macon and Tallmadge tellers on their part. Ordered, That Mr. Franklin be appointed a teller of the ballots for President and VicePresident of the United States, on the part of the Senate, in place of Mr. Gaillard, absent from indisposition. A message from the House of Representatives informed the Senate that the House is now ready to attend the Senate in opening the certificates and counting the votes of the electors of the several States in the choice of a President and Vice-President of the United States, in pursuance of the resolution of the two Houses of Congress; and that the President of the Senate will be introduced to the The whole number of votes being 175, of which 88 make a majority. Whereupon the President of the Senate declared James Madison elected President of the United States for four years, commencing with the fourth day of March next; and George Clinton Vice-President of the United States for four years commencing with the fourth day of March next. The votes of the Electors were then delivered to the Secretary of the Senate; the two Houses of Congress separated, and the Senate returned to their own Chamber. On motion of Mr. Smith of Maryland: Resolved, That the President of the United States be requested to cause to be delivered to James Madison, Esq., of Virginia, now Secretary of State of the United States, a notification of his election to the office of President of the United States; and to be transmitted to George Clinton, Esq., of New York, VicePresident elect of the United States, notification of his election to that office; and that the President of the Senate do make out and sign a certificate in the words following, viz.: Be it known, That the Senate and House of Representatives of the United States of America, being convened at the City of Washington on the second Wednesday in February in the year of our Lord one thousand eight hundred and nine, the underwritten President of the Senate pro tempore did, in presence of the said Senate and House of Representatives open all the certificates, and count all the votes of the electors for a President and Vice-President of the United States. Whereupon it ap peared that James Madison, of Virginia, had a majority of the votes of the electors as President, and George Clinton, of New York, had a majority of the votes of the electors as VicePresident. By all which it appears that James Madison, of Virginia, has been duly elected President, and George Clinton, of New York, has been duly elected Vice-President of the United States, agreeably to the Constitution. In witness whereof, I have hereunto set my hand, and caused the seal of the Senate to be affixed this - day of February, 1809. And that the President of the Senate do cause the certificate aforesaid to be laid before the President of the United States with this resolution. IN HOUSE OF REPRESENTATIVES. Saturday, February 4, 1809. ("Annals of Congress," 10th Cong., p. 1351.) The House proceeded to consider the resolution of the Senate, of the 3d instant, for the appointment of a committee on their part, jointly with such committee as may be appointed on the part of this House to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected of their election; and to regulate the time, place, and manner of administering the oath of office to the President: Whereupon, Resolved, That this House doth agree to the said resolution; and that Mr. Nicholas, Mr. Brown, and Mr. Cutts be appointed a committee on the part of this House pursuant thereto. IN HOUSE OF REPRESENTATIVES. Tuesday, February 7, 1809. ("Annals of Congress," 10th Cong., p. 1410.) Mr. Nicholas from the committee appointed the 4th instant, on the part of this House, jointly with a committee appointed on the part of the Senate, to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons elected of their election; and to regulate the time, place, and manner of administering the oath of office to the President, made a report in part thereupon; which he delivered in at the Clerk's table, where the same was twice read, and agreed to by the House as follows: 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 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 declara- tion of the persons elected President and VicePresident; and, together with a list of votes, be entered on the Journals of the two Houses. Ordered, That Mr. Nicholas and Mr. Vandyke be appointed tellers on the part of this House, pursuant to the foregoing resolution; and that the Clerk of this House do acquaint the Senate therewith. A message from the Senate informed the House that the Senate have agreed to the report in part, of the joint committee of the two Houses appointed to ascertain and report a mode of examining the votes for President and Vice-President of the United States, and notifying the persons elected of their election, and to regulate the time, place, and manner of administering the oath of office to the President, and have appointed Mr. Smith, of Maryland, teller of the votes on their part. IN HOUSE OF REPRESENTATIVES. Wednesday, February 8, 1809. ("Annals of Congress," 10th Cong., p. 1422.) Mr. Nicholas offered the following order: Ordered, That a message be sent to the Senate to inform them that this House is now ready to attend them in opening the certificates and counting the votes of the electors of the several States, in the choice of a President and Vice-President of the United States, in pursuance of the resolutions of the two Houses of Congress of the 7th instant; and that the Clerk of the House do go with the said message. Mr. Randolph said it had sometimes been the case, he did not say it had been the practice, that this House had met the other branch of the Legislature in their Chamber, for the purpose of counting the votes; in which cases, very properly indeed, this House being in the Chamber of the Senate, the President of that body had taken the chair. other gentleman to surrender the privileges of the House. When assembled as the House of Representatives, he agreed that none but the Speaker should take the chair; but, on the occasion of counting out the votes, he did not consider the House of Representatives to be formed as a distinct body. In meeting on this occasion he said, it always had been usual since the establishment of the Government for the VicePresident of the United States, or the President pro tempore of the Senate, to take the chair. There was, also, a propriety in this cause, because, by the Constitution, the Vice-President is to open the votes. For twenty years the practice had been that the President of the Senate presided in a joint meeting. Mr. J. G. Jackson spoke a few words on the same side as Mr. Nicholas, and Mr. Lyon replied to him. Mr. Nicholas moved, in order to do away any difficulty in this case, that when the members of the Senate were introduced the Speaker should relinquish the chair to the President of the Senate. Mr. Davenport supported this motion. He had no doubt of the propriety of the President of the Senate presiding at a joint meeting, more especially as he was the person designated by the Constitution for counting out the votes. Mr. Randolph said that if this course were taken the Senate ought to be notified of this act of courtesy on the part of the House; if not, it might appear that the President of the Senate took the chair as a matter of right. He said he knew that to many persons matters of this sort appeared to be of minute importance, but in everything touching the privileges of this House as it regarded the claims of the other coördinate branches of the Government, he would stickle for the ninth part of a hair. It was well known that in England the privileges of the Commons had been gained inch by Mr. R. said he now understood that it was inch from the kings and nobles, by a steady proposed without any vote of this House for perseverance; and that man must have very the purpose that the President of the Senate little knowledge of mankind, indeed, who was was to take the chair of this House; that the not persuaded that those privileges might be Speaker was to leave the chair, to make way lost, as they were gained, by gradual and imfor the President of another body. To this, perceptible encroachment on the one hand, and he, for one, could never consent. I conceive, tacit yielding on the other. This was not a said he, that such a proceeding would derogate matter of great consequence in itself; but power very materially from the dignity, if not from always begat power. It was like money, he the rights of this body. I can never consent said; any man could make money who had Mr. Speaker, that any other person than your- money. So any man, or body of men, who self, or the Chairman of the Committee of the had power could extend it. I have no objecWhole House should take the chair, except by tion, said Mr. R., very far from it, to the a vote of the House. I hope, therefore, that constitutional exercise of the powers and privithis matter may be well understood. I con- leges of the Senate. Let their President count ceive it to be a respect which we owe to our- the votes, sir; there is a very good chair for selves and to the people, whose immediate rep-him in which the Clerk now sits. But, on resentatives we are, never to suffer, by a sort of prescriptive right, the privileges of this House to be in any wise diminished, or its dignity to fade before that of any other assembly of men whatever. Mr. Nicholas said he was as unwilling as any what principle is he to come into the House, with a consciousness that he has a right to throw you out of the chair, sir, and take possession of it. I have no idea of suffering a man to come through those folding doors with such a sentiment. If he comes into this House, |