The whole number of votes being 217, of which 109 make a majority. Whereupon, the President of the Senate declared James Monroe elected President of the United States for four years, commencing with the fourth day of March next; and Daniel D. Tompkins Vice-President of the United States 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. IN SENATE. Thursday, February 13, 1817. ("Annals of Congress," 14th Cong., pp. 117, 118.) On motion by Mr. Macon, Resolved, That the President of the United States be requested to cause to be delivered to James Monroe, Esq., of Virginia, now Secretary of State of the United States, a notification of his election to the office of President | clude the statement of the proceedings relating to the election of President and VicePresident of the United States on Wednesday, the 12th instant, as read by the Secretary of the Senate on Thursday, the 13th instant, prior to the motion made by an honorable gentleman from Virginia to amend theJournal so as to make it conformable to former precedents on a similar occasion. On motion by Mr. Daggett, Resolved, That said motion be referred to a select committee, with instructions to revise and correct the journal of the proceedings of the Senate of the 12th instant so far as respects the counting the votes for President and Vice-President of the United States. Ordered, That Messrs. Dana, Barbour, and Daggett be the committee. IN HOUSE OF REPRESENTATIVES. Monday, February 10, 1817. ("Annals of Congress," 14th Cong., p. 935.) House that the Senate have passed a resoluA message from the Senate informed the tion for the appointment of a joint committee the votes for President and Vice-President of to ascertain and report a mode of examining the United States, and for notifying the persons elected of their election, and have, conformably thereto, appointed a committee on their part; in which bill and resolution they ask the concurrence of the House. of the United States; and to be transmitted to Daniel D. Tompkins, Esq., of New York, a notification of his election to the office of Vice-President of the United States; 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 hun-in by the House, and Messrs. Jackson, Irving dred and seventeen, the underwritten, Presi- of New York, and Pitkin, were appointed of dent of the Senate pro tempore, did, in presence of the said Senate and House of the committee on the part of the House. Representatives, open all the certificates and count all the votes of the electors for President and Vice-President of the United States, whereupon it appeared that James Monroe, of Virginia, had a majority of the votes of the electors as President, and Daniel D. Tompkins, of New York, had a majority of the votes of the electors as Vice-President. By all which it appears that James Monroe, of Virginia, has been duly elected President, and Daniel D. Tompkins, 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, this I day of February, one thousand eight hundred and seventeen." 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 14, 1817. ("Annals of Congress," 14th Cong., p. 118.) Mr. Fromentin submitted the following motion: That the journals be so amended as to in The said resolution was read and concurred IN HOUSE OF REPRESENTATIVES. Tuesday, February 11, 1817. ("Annals of Congress," 14th Cong., p. 937.) Mr. Jackson, from the committee yesterday appointed on that subject, reported the following resolution, which was read, considered, and agreed to by the House: 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 delivered. 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 Journal of the two Houses. Messrs. Jackson and Pitkins were appointed tellers on the part of this House. 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 | was unanimously agreed to, and the Senate a mode for examining the votes for President withdrew accordingly.* and Vice-President; and have appointed Mr. Macon a teller of votes on their part. IN HOUSE OF REPRESENTATIVES. Wednesday, February 12, 1817. ("Annals of Congress," 14th Cong., p. 943.) On motion of Mr. Jackson, a message was sent to the Senate, informing them that the House of Representatives were ready to proceed, agreeably to the mutual resolution of yesterday, to open and count the votes for President and Vice-President of the United States. The Senate, soon after, entered the House of Representatives, preceded by their President, who was received by the Speaker at the chair of the House, in which the President of the Senate took his seat, and the Speaker of the House beside him. The tellers of the two Houses-Mr. Macon on the part of the Senate, and Mr. Jackson and Mr. Pitkin on the part of the House of Representatives-occupied seats in front of the chair. The seals of the votes were broken by the President of the Senate, and by him handed to the tellers, by whom they were read aloud, and recorded on the Journals of the Senate and of the House of Representatives by the Secretary of the Senate and Clerk of the House, respectively. The votes of all the States having been read, with the exception of those of the State of Indiana, Mr. Taylor, of New York, arose, and (addressing himself to the Speaker of the House) expressed his unfeigned regret at being compelled, by his sense of duty, to interrupt the proceeding of the two Houses. Mr. Taylor was then going on to state his reasons for objecting to the votes from Indiana being read and recorded, when The Speaker interrupted him, and said that the two Houses had met for the purpose-the single specific purpose-of performing the Constitutional duty which they were then discharging, and that while so acting, in joint meeting, they could consider no proposition nor perform any business not prescribed by the Constitution. Mr. Varnum, of the Senate (addressing the President of the Senate), expressed his concurrence in the propriety of what had been stated by the Speaker, and, for the purpose of allowing the House of Representatives to deliberate on the question which had been suggested, he movel that the Senate withdraw to their Chamber. The motion was seconded by Mr. Dana, of the Senate, and, the question being put by the President to the members of the Senate, it The Speaker having stated to the House that it now remained for them to consider the subject which had interrupted the forms of the Constitution, Mr. Taylor, of New York, said that although the question, as regarded the present election, was of no consequence, yet the time might arrive when it would be of the greatest importance in the election of President of the United States, and that it would be better to settle it now, when its decision would not affect the election. He then proceeded with his objections to receiving the votes from Indiana, contending that the joint resolution of December last, admitting that State into the Union, was not a matter of form merely, but a great Constitutional prerogative, to be exercised by Congress, and until which a sister State could not (* From the National Intelligencer). MESSRS. GALES AND SEATON: In your paper of this morning, in detailing the proceedings of the two Houses of Congress relating to you state that the motion made by Mr. Varnum, and counting the votes for President and Vice-President, seconded by Mr. Dana, that the Senate should withdraw, mistake. There were several negatives, distinctly and was "unanimously agreed to." This, gentlemen, is a audibly given, and, a division being called for, it is doubtful how the question would have been decided. The writer of this was one of those who voted against the motion, believing that the two Houses ought not to separate until they had discharged the duty which brought them together, and that in counting the votes it was for them to decide what were votes in the meaning of the Constitution. Reflection has confirmed him in this opinion; and, regarding the precedent set by the Senate's withdrawing as one which it would be inconvenient and dangerous to follow, he is not willing to see it recorded as an unanimous act, when the reverse was the case, and thereby a weight and importance given which do not in reality belong to it. WASHINGTON CITY, February 14, 1817. [No doubt whatever is entertained of the correctness of the above statement, for which we are much indebted to the writer, but the reporter certainly heard not a sin gle negative. Having stated the proceedings of the House of Representatives on the question referred to in the above note, it may be proper to notice what we learn took place in the Senate after that body withdrew from the House. place in the Senate on the subject which had produced On retiring to their Chamber some conversation took the separation of the two Houses, when Mr. Barbour Before any decision took place on the resolution the their readiness to proceed in counting the votes was remessage from the House of Representatives announcing ceived, when Mr. Barbour stated that, as the question which had inin the other House, and they having announced their terrupted the proceedings of the joint meeting originated readiness to resume the business which had called the The Senate then again procceded to the Representatives' Hall. On Thursday, the next morning, there was a considerable discussion on the question how the proceedings of the preceding day should be stated on the Journal of the Senate, since, being novel in its character, the proceeeding might be drawn into precedent on occasions of more importance than the present. It was finally resolved precedents."-Editors National Intelligencer.] that the Journal should be made "according to former be admitted into the Union upon an equal footing. If this was not so, where was the use of passing on the form of government adopted by the State, and sanctioning her admission, if she was admitted to an equal footing already? The electors of President and Vice-President having been elected in Indiana before she was declared to be admitted into the Union by Congress, he thought the votes of that State were no more entitled to be counted than if they had been received from Missouri, or any other Territory of the United States. Mr. Taylor acknowledged he did not know what would be the most proper course of proceeding in the business, but believed it would be best to adopt a joint resolution, that the votes of Indiana, having been given previous to her admission into the Union, were illegal, and ought not to be received. Mr. Cady, of New York, thought the question already settled, as another branch of the Legislature had admitted the Senators from the new State to all the privileges of other members of that body; that, after admitting the Representatives of the State to act in Congress on all the concerns of the nation, it was too late to question her right to participate in this; and that, from the moment the Constitution of the State was assented to, she was entitled to all the privileges of an independent member of the Union. Mr. Sharp, of Kentucky, for the purpose of settling the question, offered a joint resolution, "That the votes for electors of the State of Indiana, for President and Vice-President of the United States, were properly and legally given, and ought to be counted." Mr. Bassett, of Virginia, thought the resolution ought not to be a joint one, as it might establish a precedent which might in time, in the case of a tie, etc., deprive this House of one of its powers, by permitting the Senate to participate in this question. Mr. Calhoun suggested to Mr. Sharp, whether it would not be better to offer his resolution in the negative form. He, for one, did not believe the votes improper, but the question would be put to rest with more certainty, he thought, by rejecting it in the negative shape, than it would by agreeing to it in its present form. Mr. Taylor, of New York, moved to amend the resolution, by substituting therefor a motion declaring the votes illegal, etc. Mr. Sheffey said this question was settled already, for, if they had no right to give votes in the organization of the Executive, they had none in the National Legislature. We have decided, said Mr. Sheffey, that the organization of their State government is correct; we said to them in the act, if they performed certain duties, they were entitled to admission into the Union upon an equal footing with the other States; and the resolution to admit them was merely a declaration that they had so performed that duty. The proposition before the House, Mr. Sheffey thought, was wrong, and that the State was certainly entitled to the votes. Mr. Sharp defended his motion, and the joint form he had given to it, as necessary to ascertain the joint sense of the two Houses, without which they could not know whether the Senate were willing to proceed. The argument of Mr. Sheffey, he said, was a clear exposition of the right of the vote. Congress was bound to see that the new State adopted a republican form of government, but that, said he, was all we had to do with them; but the recognition of that could not affect their right to vote, nor any other right or privilege of an independent State endowed with all the powers of the others, as the votes had been given after they had performed the condition required of them to become an independent State. Mr. Gaston thought the only difficulties were as to the form the House ought to adopt. With regard to the question, he was under no difficulty; according to the act of last session the votes were legal and rightfully given. Mr. Gaston read the provisions of the act of last session, authorizing Indiana to form a State government, which left it to them to choose a name, prescribed the qualifications of electors of delegates to the convention, which delegates were to determine whether it was expedient at that time to form a constitution, etc.; and if they determined that it was expedient, then they were authorized to form a constitution and that determination was the act that made the Territory a State. Had they adopted a constitution not republican, they would have done what they were authorized to do, and all their proceedings would have been illegal. But what Mr. Gaston presumed would remove all difficulty were propositions in the act, which, if accepted, was to be obligatory on the parties; such as that all salt springs should be granted to said State, for the use of the people thereof, in such manner as the Legislature should direct, etc. The acceptance of this proposition by Indiana was obligatory on the United States; then was called into existence the new State; and it had been recognized by both branches of the National Legislature by admitting into their respective bodies the Senators and members from the State. Mr. Gaston, though opposed to the amendment offered by Mr. Taylor, was not certain that the other motion would be proper, but was inclined to think that the better course would be merely to send a message to the Senate that the House was ready to proceed in counting the votes. Mr. Taylor was not satisfied by the arguments he had heard. Suppose the convention of Indiana had formed a constitution manifestly not republican, would they then, he asked, have been entitled to vote for electors? He would put another case. The act of last session prescribed the number of delegates which should be elected by each county to the convention; suppose the convention to have formed a re States. publican constitution, but that the counties | to any Territory west of the Mississippi. The should have sent three times the number of only question for Congress to decide was, delegates authorized by the act of Congress, whether the State had complied with the would not Congress see that the whole course requisition of the act of last session-whether of proceedings was proper; and would not the constitution adopted was republican or their incipient acts be ineffectual until Congress not: nothing more. Suppose, indeed, that had decided on them? The admission of the the State had adopted no constitution at allmember into this House, no other appearing to had chosen to live under their laws alone, and claim the seat, was different from the right of had not thrown their State government into voting in the present election; and until the the form of a constitution-would the State State was declared a member of the Union, it have been thereby deprived of her rank in the was not to be so considered so far forth as to Union? The Ordinance of 1787 had guaranentitle it to vote for President and Vice-Presi- teed a State government when they reached a dent. If not so, it was an idle thing for Con- certain extent of population, and Congress gress, in December last, to declare their admis- could require of them no more than had been sion into the Union. done. Mr. Hendricks argued that the same Mr. Robertson, of Louisiana, regretted the authority which gave him a right to vote in agitation of this question, as he could not this House, gave them also a right to vote for recognize the right of this House or the Sen-President and Vice-President of the United ate to decide on the rights of the States; and to question the sovereignty of an independent State after its admission into the Union was a matter of dangerous tendency. The State of Indiana, professing to be such, had sent members to this House and to the Senate, who had been admitted to all the privileges of legislation. Was it said Congress had not used due deliberation in admitting those members; and had the State done any more in electing electors, than in sending her members to represent her in Congress? You cannot now, said Mr. Robertson, raise a question of State or no State. The condition requiring the State to adopt a republican constitution was a matter of course, because the United States were bound to guarantee such a constitution to each State; and the joint resolution of December last was a mere declaration that the State had complied with the obligation. Mr. Pitkin, of Connecticut, was of opinion that the State was entitled to all State rights, as soon as they had complied with the requisitions of the act authorizing the people of the Territory to form a State government. The case of Louisiana was different, because the act authorizing that Territory to adopt a State government required that their constitution should be submitted to Congress before their admission into the Union. With Indiana the case was different, as with her no such condition was made. The question before the House, Mr. Pitkin said, was a novel one; resolutions had been passed by the two Houses to assemble for a certain purpose therein stated, and the most proper way would be to send a message to the Senate, that the House was ready to proceed in the business of counting the votes. Mr. Hendricks, of Indiana, regretted the necessity which called him up. Indiana, he said, was, or was not, a State, and the decision of that question would settle the one before the House. The case of Louisiana was not analogous; as the Ordinance of 1787, concerning the Territories, and under which they were admitted into the Union, did not apply Mr. Ingham, of Pennsylvania, moved that the resolution and amendment be both indefinitely postponed; which motion was agreed to almost unanimously; and then, On motion of Mr. Jackson, a message was sont to the Senate, informing them of the readiness of this House to proceed in counting the votes. The Senate soon after again entered the Representatives' Hall; when The Speaker informed them that the House of Representatives had not seen it necessary to come to any resolution, or to take any order on the subject which had produced the separation of the two Houses. The reading of the votes was then concluded; and the tellers handed a statement thereof to the President of the Senate, who announced to the joint meeting the following as the state of the votes: JAMES MONROE, President; DANIEL D. TOMPKINS, Vice-President. IN SENATE. Mr. Barbour submitted the following motion for consideration: 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. Wednesday, February 7, 1821. The Senate proceeded to consider the motion of yesterday to appoint a joint committee to ascertain and report a mode of examining the votes of President and Vice-President, and of notifying the persons elected of their election, and agreed thereto; and Messrs. Barbour and Macon were appointed a committee on the part of the Senate. IN SENATE. Tuesday, February 13, 1821. ("Annals of Congress," p. 341.) Mr. Barbour then, from the joint select committee appointed on the subject, reported the following resolutions: Resolved, That the two Houses shall assemble in the Chamber of the House of Representatives, on Wednesday next, at 12 o'clock, and the President of the Senate shall be the presiding officer; 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 of the United States, and, together with a list of the votes, be entered on the Journals of the two Houses. Resolved, That if any objection be made to the votes of Missouri, and the counting or omitting to count, which shall not essentially change the result of the election; in that case they shall be reported by the President of the Senate in the following manner: were the votes of Missouri to be counted, the result would be, for A. B., for President of the United States, votes; if not counted, for A. B., as President of the United States, votes; but in either event A. B. is elected President of the United States; and in the same manner for Vice-President. Mr. Barbour explained in detail the reasons which influenced the committee in adopting the resolutions which it recommended. Mr. King, of New York, spoke in particular reference to what he deemed the correct course of proceeding in joint meetings; thinking it consistent with the Constitution, and with propriety, that the House should come to the Senate, if the apartment had not rendered it inconvenient, and that, when a convenient place should be completed for joint meetings, he hoped the practice heretofore prevailing would not be considered in the light of a precedent, but that they should repair thither, and the President of the Senate preside in the joint meeting, etc. He was opposed to the settlement of any litigated question in joint meeting, where the Senate as a body would be lost, and argued that, whenever any such 1 H |