he comes from courtesy, and cannot assume your chair, Mr. Speaker, as a matter of right, but as a favor. And, if the President of the Senate takes possession of your chair as a favor, it ought to be announced to the Senate as such; for, the mere vote on our side amounts to nothing, provided that he and the body over whom he presides come into this House, under the knowledge (without an intimation from us) that you are to leave your chair, and he is to take possession of it. Mr. Smilie observed that there was no fear of the privileges of this body being encroached upon by any other, for there was a written Constitution prescribing the powers of each body; and, at the same time that it was proper to be careful of their own rights, he said the House should be careful not to infringe on the rights of the other body. In respect to this question there was a case in point. In one instance, while Congress sat at Philadelphia, the Senate had come into the Representatives' Chamber to count out the votes, and the President of the Senate had taken the chair as a matter of right. We, said Mr. S., are sitting as a convention of the two Houses, for a special purpose, viz., to count out the votes. is properly the presiding officer in this case? Unquestionably the officer directed by the Constitution to open the votes. And I consider the Speaker of the House, on this occasion, as acting in the same capacity as any other member of the House. Who After some further observations on the subject from Messrs. Masters, Lyon, and Macon, the motion of Mr. Nicholas was agreed toYeas, 98. Mr. Randolph then moved that the Senate be acquainted by message of this arrangement. Agreed to-Yeas, 73. The resolution first offered by Mr. Nicholas was then agreed to. On the suggestion of Mr. Van Dyke it was agreed that the members should receive the Senate standing and uncovered. The time for counting the votes having arrived, the members of the Senate, preceded by their Sergeant-at-Arms, entered the Representative Chamber. Mr. Milledge, the President pro tempore, took the Speaker's chair, and the members took their seats on the right hand of the chair. The tellers were ranged in front, and the clerks of each House on the right and left of the tellers. The President of the Senate opened the electoral returns, one copy of which was handed to the teller of the Senate, Mr. S. Smith, who read it; the tellers of the House, Messrs. Nicholas and Van Dyke, comparing the duplicate returns handed to them. When this business, which occupied about two hours, was concluded, the tellers handed their report to the President of the convention, who was proceeding to read it when Mr. Hillhouse observed that the returns from one of the States appeared to be defective, the governor's certificate not being attached The President of the Senate, pursuant to the joint resolution of the two Houses of the 7th inst., then announced the state of the votes of both Houses of Congress, and declared that "James Madison was duly elected President of the United States, for four years, to commence on the fourth day of March next; and that George Clinton was duly elected VicePresident of the United States for the like term of four years' to commence on the said fourth day of March next." The members of the Senate then retired in the same order in which they entered. IN HOUSE OF REPRESENTATIVES. ("Annals of Congress," 10th Cong., p. 1426.) Mr. Macon moved to amend the Journal of yesterday's proceedings, by inserting the letter *One of the votes of Kentucky lost from the non-attendance of one of the electors. 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. IN SENATE. Monday, February 8, 1813. ("Annals of Congress," 12th Cong., p. 76.) On motion by Mr. Gaillard, Resolved, That a committee be appointed to join such committee as may be appointed by the House of Representatives, 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. Ordered, That Messrs. Gaillard and Smith, of New York, be the committee on the part of the Senate. IN SENATE. 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 217, of which 109 makes a majority; James Madison had for President of the United States 128 votes, and Elbridge Gerry had for Vice-President of the United States 131 votes. Whereupon the President of the Senate declared James Madison elected President of the United States for four years, commencing with the 4th day of March next, and Elbridge Gerry Vice-President of the United States for four years, commencing on the 4th 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; and on motion adjourned. IN SENATE. Thursday, February 11, 1813. ("Annals of Congress," 12th Cong., pp. 80, 81.) On motion of Mr. Smith, of New York, Resolved, That a committee be appointed to join such committee as may be appointed by the House of Representatives to wait on the President of the United States, and to notify to him his reëlection to the office of President of the United States. Ordered, That Messrs. Smith, of New York, and Franklin be the committee on the part of the Senate. On motion by Mr. Franklin, Resolved, That the President of the United States be requested to cause to be transmitted to Elbridge Gerry, Esq., of Massachusetts, Vice-President elect of the United States, notification of his election to that office, and that the President of the Senate do make and sign a certificate in the words following, to wit: "Be it enacted, That the Senate and House of Representatives of the United States of America, being convened at the City of Washington on the second Wednesday of February, in the year of our Lord one thousand eight hundred and thirteen, the underwritten President of the Senate pro tempore 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 appeared that James Madison, of Virginia, had a majority of the votes of the electors as President, and Elbridge Gerry, of Massachusetts, had a majority of the votes of the electors as Vice-President; by all which it appears that James Madison, of Virginia, has been duly elected President, and Elbridge Gerry, of Massachusetts, 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, 1813." And that the President of the Senate do cause the certificates aforesaid to be laid before the President of the United States, with this resolution. IN SENATE. Saturday, February 13, 1813. ("Annals of Congress," 12th Cong., p. 83.) The House of Representatives concur in the resolution for the appointment of a joint committee to wait on the President of the United States and notify to him his reelection to that office, and have appointed a committee on their part. IN HOUSE OF REPRESENTATIVES. ("Annals of Congress," 12th Cong., p. 1016.) A message from the Senate informed the House that the Senate have passed a resolution for the appointment of a joint committee tɔ 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, in which_resolution they desire the concurrence of this House. The said resolution was read and concurred in by the House; and Messrs. Macon, Bassett, and Milnor, were appointed the committee on the part of the House. IN HOUSE OF REPRESENTATIVES. ("Annals of Congress," 12th Cong., p. 1016, 1017.) A message from the Senate informed the House that the Senate have agreed 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. Mr. Macon, from the joint committee, appointed yesterday to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons elected of their election, made a report in part; which was read and concurred in 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 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 votes, be entered on the Journals of the two Houses. Messrs. Macon and Tallmadge were appointed tellers on the part of this House. IN HOUSE OF REPRESENTATIVES. Wednesday, February 10, 1813. ("Annals of Congress," 12th Cong., pp. 1020, 1021.) A message was received from the Senate informing the House that, owing to the indisposition of Mr. Gaillard, the Senate have appointed Mr. Franklin the teller, on their part, at the counting of the votes of the electors for President and Vice-President of the United States. The hour of twelve having arrived the Senate entered the Hall of Representatives, preceded by their President, Secretary, Sergeantat-Arms, and Doorkeeper, and proceeded to seats prepared for them-the members of the House having risen to receive them, and remaining standing until all had entered. The President of the Senate took a seat which had been prepared for him at the Speaker's right hand, and the Secretary of the Senate was placed beside the Clerk of the House. The tellers-Mr. Franklin of the Senate and Messrs. Macon and Tallmadge of the Housewere seated at a table in front of the Speaker's chair. The President of the Senate, in pursuance of the joint resolutions of the two Houses, then announced the state of the votes to both Houses of Congress, and declared "That James Madison, of the State of Virginia, was duly elected President of the United States, for four years, to commence on the fourth day of March next; and that Elbridge Gerry was duly elected Vice-President of the United States, for the like term of four years, to commence on the said fourth day of March next." The two Houses then separated, and the Senate returned to their Chamber. IN HOUSE OF REPRESENTATIVES. Thursday, February 11, 1813. ("Annals of Congress," 12th Cong., p. 1021.) A message from the Senate informed the House that the Senate have appointed a com mittee, on their part, to join such committee | and to inform him of his reelection, for four as this House may appoint on their part to years, to commence on the fourth day of March wait upon the President of the United States, next. EIGHTH PRESIDENTIAL TERM. 1817-1821. JAMES MONROE, President; DANIEL D. TOMPKINS, Vice-President. IN SENATE. Monday, February 10, 1817. ("Annals of Congress," 14th Cong., p. 107.) On motion of Mr. Macon, Resolved, That a committee be appointed, to join such committee as may be appointed by the House of Representatives, 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. IN SENATE. Mr. Macon, from the joint committee, appointed on the 10th 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 12 o'clock; that one person be appointed a teller on the part of the Senate, to make a list of 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 votes 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. A message from the House of Representatives informed the Senate that they 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 the 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. 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 Mr. Jackson and Mr. Pitkin tellers on their part, and that, when the members thereof appear in the Chamber of the House of Representatives to-morrow, their President will be introduced to the chair of the House by the Speaker. IN SENATE. Wednesday, February 12, 1817. ("Annals of Congress," 14th Cong., p. 114.) A message from the House of Representatives informed the Senate that the House is now ready to attend the Senate, and proceed in opening the certificates and counting the votes of the electors of the several States for a President and Vice-President of the United States, in pursuance of the resolution of the two Houses of Congress. The two Houses of Congress, agreeably to the joint resolution, assembled in the Representatives' Chamber, and the certificates of the electors of the several States were, by the President of the Senate, opened and delivered to the tellers appointed for the purpose, who, of votes, presented a list thereof to the Presihaving examined and ascertained the number dent of the Senate, which was read as fol lows: |