d.

affirmative, yeas 103. And f. Clay, it was ordered The Senate to inform ow ready to ref the House

of continuof the elecent, accorded upon bethe Clerk go

with the said

and took seats

in the presence open the certifiState of Missouri, llers, by whom it d the same. States having been id the lists thereof vered to the Presiom they were read,

enate then, in pursuadopted by the two nounce the state of the es of Congress, in joint follows:

Missouri to be counted, For James Monroe, of nt of the United States, unted, for James Monroe, es. For Daniel D. Tompfor Vice-President of the votes: if not counted, for ns, of New York, for Vicenited States, 215 votes. But ames Monroe, of Virginia, has e votes of the whole number 'resident, and Daniel D. Tompork, has a majority of the votes umber of electors for Vice-Presinited States."

ent of the Senate had proceeded e proclamation, when Mr. Floyd, addressed the chair, and inquired e votes of Missouri were or were

"Order! order!" were so loud as to . Floyd's voice.

resident of the Senate had hesitated roclamation, on Mr. Floyd addressing ir.]

Randolph rose, and was addressing the when loud cries of "Order! order!" ded from many voices.

Speaker pronounced Mr. Randolph to it of order, and invited him to take his Mr. Brush demanded that Mr. Randolph ld be allowed to proceed, and declared his ermination to sustain his right to do so. ". Brush was also loudly called to order. r. Floyd demanded of the Chair whether he ras considered in order or not

ings, this dry minuteness, this unprofitable drawing of distinctions without difference; let us say now, as we have said on another occasion, we will assert, maintain, and vindicate our rights, or put to every hazard what you pretend to hold in such high estimation.

Mr. Randolph said he recollected perfectly well in the celebrated election of Thomas Jefferson and Aaron Burr-they live, said he, illustrious examples of the merits of their respective partisans-what were we then told? Why, that we must withdraw our opposition, or there would be no election; that a dissolution of the Union impended; that volcanoes began to play; that earthquakes yawned beneath us; and recollect, sir, we had a President in the chair who had a majority in this House, small as it was.

He treated the idea of giving way with derision and scorn. We said we will not give way, and you must take the consequences. We appealed, said Mr. Randolph, to the good sense of the nation, and I do now appeal to this nation, said he, whether this pretended sympathy for the rights of free negroes and mulattoes is to supersede the rights of the free white citizens, of ten times their whole number. They gave way, sir, said Mr. Randolph; the sheep is the most timid and helpless of all animals; it retreats before any attack is offered to it.

The President of the United States, said Mr. Randolph, possesses great powers and highly responsible functions, and should be looked up to with veneration and deference, because he is the Chief Magistrate of a people, legally appointed by their suffrages. But a President of the United States, appointed by the exclusion of the votes of those who are the same flesh and blood as ourselves-for the people of Missouri are not natives of Missouri, with the exception of a few French, and still fewer Spaniards-is no more the Chief Magistrate of this country than that thing-that pageant which the majorities of the two Houses proposed to set up just twenty years ago-a President made by law-no, by the form and color of law, against the principles of the Constitution, and in violation of the rights of the freemen of this country, sir, said Mr. Randolph, I would not give a button for him. On his personal account, and for his personal qualities, I might treat him with respect as an individual, but as Chief Magistrate of this country he would be more odious in my judgment than one of the house of Stuart attempting to seat himself on the throne of England, in defiance of the laws of succession and of the opinion of the people. We have, I am afraid, so long basked in the impure atmosphere, not of this House, but of this court, that

Mr. Clay here claimed the floor, which he had yielded to the gentleman only for the purpose of making an explanation.

Mr. Randolph took his seat, saying that he

would give way to the honorable gentleman in every thing but one.

Mr. Clay said he really saw no difficulty in this business; and, before he sat down, should make a motion with a view to put an end to this discussion. The House and Senate have, by a joint act, this day agreed that, in the event of an objection being made to the vote of Missouri, her vote should be counted bypothetically; that the whole number should be announced, including the vote of Missouri, and that the number should also be stated as it would be, the vote of Missouri being excluded; and, the result not varying, that it should be declared that, in either case, the person having the largest number of votes was duly elected. The motive which operated on the joint committee in recommending this course, and on the two Houses in adopting it, was to avoid the very difficulty into which the House was about to precipitate itself. It was an effort to provide, by previous arrangement, for the very contingency which has arisen. The moment the objection was made, in that instant the rule adopted this morning took effect.

Mr. Clay said it therefore appeared to him, with very great deference to the course of the Presiding Officer of the Senate, that he ought to have gone on, and, after the votes had been summed up, to have made the annunciation as proposed in the joint resolution adopted this morning.

The two Houses ought not, in the opinion of Mr. Clay, to have separated until they had consummated what had been stipulated for. He was now not unwilling to take up any proposition on this subject or any other, however unwilling he might have been to meet it at any other time. He was opposed to do so, because to do so is a violation of good faith between the two Houses, as pledged by the arrangement of this morning. He had not a doubt, he said, that Missouri might be admitted into the Union in a variety of ways, and very possibly, on proper examination, the mode now proposed might be one of them, by the two Houses, jointly or separately, giving her the exercise of a right which, as a State, would belong to her. The House, however, as well as the Senate, had virtually determined to get round that question to-day, and to put an end to any controversy which might arise in respect to it, in the manner contemplated by the second resolution passed this morning. Mr. Clay, therefore, moved that the subject now under consideration be laid on the table, in order to resume the business which had been interrupted by the retirement of the Senate.

Mr. Storrs demanded the reading of the first resolution which passed this House, as compared with that which passed the Senate.

[Here took place an explanation of a variation which had taken place in the form of the resolve.

As it came from the Senate, the President of the Senate was to preside over the joint

meeting. As reported by the committee on the part of this House, the President of the Senate was to preside over the Senate, and the Speaker was to preside over the House of Representatives. This alteration was made, because it was known that the House of Representatives would not have agreed to the other course, and a collision might have arisen between the two Houses. It may be added that the Senate were not aware, when they came into the Hall, of the change of arrangement, but supposed it to stand as they had voted it. Their retirement from the Chamber arose from the President of the Senate having learned these facts after he was seated in his place in the Hall. He would otherwise, it is supposed, have gone on to proclaim the result, immediately after Mr. Livermore's objection, as prescribed in the resolution.]

Some conversation took place between Messrs. Smith of Maryland, Clay, Randolph, Nelson of Virginia, Foot, and Cobb, as to the state in which matters would be, on the Senate's return. Some of the gentlemen contended that, on the Senate's return, matters would stand just as they did before, and the same difficulty as had already presented itself would again arise. Others contended, and the majority appeared to be with them, that, on the return of the Senate, the President would go on to declare the result, as directed in the second joint resolution of this morning.

and decided in the affirmative, yeas 103. And then, on motion of Mr. Clay, it was ordered that a message be sent to the Senate to inform that body that the House is now ready to receive the Senate in the Chamber of the House of Representatives, for the purpose of continuing the enumeration of the votes of the electors for President and Vice-President, according to the joint resolutions agreed upon between the two Houses, and that the Clerk go with the said message.

The Clerk accordingly went with the said message, and he being returned—

The Senate again appeared, and took seats in the House as before.

The President of the Senate, in the presence of both Houses, proceeded to open the certificate of the electors of the State of Missouri, which he delivered to the tellers, by whom it was read, and who registered the same.

And the votes of all the States having been thus counted, registered, and the lists thereof compared, they were delivered to the President of the Senate, by whom they were read, as already printed.

The President of the Senate then, in pursuance of the resolution adopted by the two Houses, proceeded to announce the state of the votes to the two Houses of Congress, in joint meeting assembled, as follows:

Mr. Livermore, in the course of these desultory remarks, took an opportunity to vindicate his conduct in offering the objection to the votes of Missouri. It was a duty necessary to be performed by somebody; having no wish to be forward in the business, he had endeavored to persuade several gentlemen to present it; but, they declining to do so, it had become his duty to do it, and in his opinion he had done it at the proper moment.*

MESSRS. GALES AND SEATON:

*February 17, 1821.

In your report of the transactions in the House of Representatives on the 14th instant, you observe that "Mr. Livermore took an opportunity to vindicate his conduct in offering his objections to the votes from Missouri."

But you omit the only circumstance which rendered any observations on his part necessary, for certainly the objection was in substance proper, and every member of Congress had a right to make it. The truth is, Mr. Smith, of Maryland, in the course of debate, said to this effect, that the abrupt departure of the Senate, and all the difficulty which ensued, ought to be imputed to the gentleman from New Hampshire, Mr. Livermore, who made his objection too soon, instead of waiting, as he

should have done, till after the Missouri votes were counted. In answer to this charge, Mr. Livermore made a few remarks, which you have not reported, but which probably convinced even Mr. Smith that the objection to counting

the votes from Missouri was interposed at the proper

moment.

A. D.

[Our correspondent is perfectly right. Mr. Livermore did not certainly vindicate the course he had taken, until it had been impugned by others. We were so cramped for room in our report, that we were obliged to generalize the incidental remarks, and, in doing so, perhaps a wrong impression may have been given to Mr. Livermore's observations.]-EDITORS National Intelligencer.

of the whole number of electors for Vice-President of the United States."

The President of the Senate had proceeded thus far, in the proclamation, when Mr. Floyd, of Virginia, addressed the chair, and inquired whether the votes of Missouri were or were not counted.

Cries of "Order! order!" were so loud as to drown Mr. Floyd's voice.

[The President of the Senate had hesitated in the proclamation, on Mr. Floyd addressing the Chair.]

Mr. Randolph rose, and was addressing the Chair, when loud cries of "Order! order!" resounded from many voices.

be out of order, and invited him to take his The Speaker pronounced Mr. Randolph to seat. Mr. Brush demanded that Mr. Randolph should be allowed to proceed, and declared his determination to sustain his right to do so. Mr. Brush was also loudly called to order. Mr. Floyd demanded of the Chair whether he was considered in order or not

The Speaker determined that he was not in order at this time, the only business being, at that present time, that prescribed by the rule of this morning.

There was considerable murmuring at this decision, but order was restored, when the President of the Senate concluded his annunciation as follows:

"I therefore declare that James Monroe, of Virginia, is duly elected President of the United States, for four years to commence on the fourth day of March, 1821; and that Daniel D. Tompkins, of New York, is duly elected Vice-President of the United States, for the like term of four years, to commence on the said fourth day of March, 1821."

As the President concluded, Mr. Randolph addressed the Chair; but was required to take his seat.

On motion, by a member of the Senate, the Senate retired from the Hall.

After they retired, and the House being called to order, Mr. Randolph, who had still retained the floor, was heard addressing the Chair. He spoke for some time, without being distinctly heard, owing to the confusion in the hall. He had, he said, seen every election of President of the United States, except that of the present Chief Magistrate, and he had never before heard any other form of proclamation than that such was the whole number of votes given in; that such a person, A or B, had so many, and was therefore elected President or Vice-President of the United States. On this occasion no such annunciation had been made, and the presiding officer might just as well have said that James Claxton or Thomas Dunn was elected President of the United States. Were gentlemen to be put down by clamor and by force here for getting up to assert, not only their rights, but the rights of the whole people of the United States? Sir, said he, your election is vitiated; you have flinched from the question; you have attempted to evade the decision of that which was essential to the determination of who is not elected Chief Magistrate of the United States. Mr. Randolph concluded his remarks by moving resolutions declaring the election to be illegal, etc. They were as follows:

1. Resolved, That the electoral votes of the State of Missouri have this day been counted, and do constitute a part of the majority of two hundred and thirty-one votes given for President, and of two hundred and eighteen votes given for Vice-President.

2. Resolved, That the whole number of electors appointed and of votes given for President and Vice-President has not been announced by the presiding officer of the Senate and House of Representatives, agreeably to the provision of the Constitution of the United States, and that therefore the proceeding has been irregular and illegal.

While Mr. Randolph was reducing his mo

tion to writing, several gentlemen claimed the floor.

The Speaker determined that Mr. Lathrop was entitled to it; and Mr. Lathrop moved to adjourn.

Mr. Floyd claimed the right of the floor, as rising first, and demanded to be heard.

The Speaker affirmed Mr. Lathrop's right. Mr. Floyd was about appealing from the decision of the Chair, but did not.

Mr. Ringgold having demanded the yeas and pays on the question of adjournment, the question was taken accordingly as follows: Allen of New York, Anderson, Baker, Bateman, YEAS-Messrs. Adams, Allen of Massachusetts, Beecher, Boden, Buffum, Cannon, Case, Clagett, Clark, Clay, Cooks, Crafts, Culpeper, Cushman, wards of Connecticut, Edwards of Pennsylvania, Cuthbert, Dane, Darlington, Dennison, Eddy, EdFay, Folger, Foot, Forrest, Fuller, Gorham of New York, Gross of Pennsylvania, Guyon, Hackley, Hall of New York, Hardin, Hemphill, Hendricks, Herrick, Hibshman, Hill, Hobart, Hooks, Hostetter, KenMaclay, McCoy, McCullough, Mallary, Marchand, dall, Kinsey, Kinsley, Lathrop, Lincoln, Livermore, Meech, Meigs, Monell, R. Moore, S. Moore, Morton, Moseley, Murray, Nelson of Massachusetts, Parker of Massachusetts, Patterson, Phelps, Philson, Pitcher, Plumer, Rarkin, Richards, Richmond, Robertson, Rogers, Ross, Russ, Sargeant, Silbsee, Sloan, Stevens, Street, Strong of Vermont, Strong of New York, Tomlinson. Tompkins, Tracy, Udree, Upham, Van Rensselaer, Wallace, Wendover, Whitman, and Wood-95.

Archer of Maryland, Archer of Virginia, Baldwin, NAYS-Messrs. Alexander, Allen of Tennessee, Barbour, Bayly, Bloomfield, Brevard, Brown, Brush, Bryan, Campbell, Cobb, Crawford, Calbreth, Davidson, Earle, Edwards of North Carolina, Floyd, Garnett, Gray, Hall of North Carolina, Jackson, JohnKentucky, Mercer, Metcalf, T. L. Moore, Neale, son, Jones of Virginia, Little, McCreary, McLean of Nelson of Virginia, Newton, Pinckney, Randolph, Reid, Rhea, Ringgold, Shaw, Swearingen, Trimble, Tucker of Virginia, Tucker of South Carolina, Tyler, Williams of Virginia, and Williams of North Carolina-50.

IN HOUSE OF REPRESENTATIVES.

Thursday, February 15, 1821. ("Annals of Congress," p. 1167.) The Speaker then announced the unfinished business of yesterday, being Mr. Randolph's resolutions respecting the legality of the electoral votes; and, on the question, Will the House now proceed to the consideration of these resolutions? it was decided in the negative by a majority of about 30 votes.

IN HOUSE OF REPRESENTATIVES.
Wednesday, February 21, 1821.
("Annals of Congress," pp. 1193, 1194.)

A message from the Senate informed the House that the Senate have passed a resolution proposing the appointment of a joint committee to wait upon the President of the United States and inform him of his reelection to that office, and have appointed a committee on their

part; in which bill and resolution they ask the concurrence of this House.

The resolution from the Senate for the appointment of a joint committee to wait on the President of the United States and notify him

of his reëlection to the office of President of the United States was read and agreed to by the House, and Messrs. Smith of Maryland, and Eustis, were appointed of the committee on the part of this House.

3. The doors of the Hall shall be closed during the balloting, except against members of the Senate and the officers of the House; and the galleries shall be cleared on request of the delegation of any one State.

The committee appointed "to prepare and report such rules as, in their opinion, may be proper to be observed by this House, in the choice of the President of the United States, whose term of service is to commence on the fourth day of March next, if, on counting the votes given in the several States, in the manner prescribed in the Constitution of the United States, it shall appear that no person has received a majority of the votes of all the electors of President and Vice-President, appointed in the several States," report that the following rules be observed by the House in the choice of a President of the United States, whose term is to commence on the fourth day of March, 1825, if the choice shall constitutionally devolve upon the House:

1. In the event of its appearing, on opening all the certificates and counting the votes given by the electors of the several States for President, that no person has a majority of the votes of the whole number of electors appointed, and the result shall have been declared, the same shall be entered on the Journals of this House.

2. The roll of the House shall then be called, and, on its appearing that a member or inembers from two-thirds of the States are present, the House shall immediately proceed, by ballot, to choose a President from the persons having the highest numbers, not exceeding three, on the list of those voted for as President; and in case neither of those persons shall receive the votes of a majority of all the States on the first ballot, the House shall continue to ballot for a President without interraption by other business, until a President be chosen.

State; and the question shall be decided by States. The same rule shall be observed in regard to any motion to change the usual hour for the meeting of the House.

5. In balloting, the following mode shall be observed, to wit:

The Representatives of each State shall be arranged and seated together, beginning with the seats at the right hand of the Speaker's chair, with the members of the State of Maine, thence proceeding with the members from the States in the order the States are usually named for receiving petitions, around the Hall of the House, until all are seated;

A ballot-box shall be provided for each State;

The Representatives of each State shall in the first instance ballot among themselves, in order to ascertain the vote of their State, and they may, if necessary, appoint tellers of their ballots;

After the vote of each State is ascertained, duplicates thereof shall be made out, and, in case any one of the persons from whom the choice is to be made, shall receive a majority of the votes given, on any one balloting, by the Representatives of a State, the name of that person shall be written on each of the duplicates; and, in case the votes so given shall be divided, so that neither of said persons shall have a majority of the whole number of votes given by such State on any one balloting, then the word "divided" shall be written on each duplicate;

After the delegation from each State shall have ascertained the vote of their State, the Clerk shall name the States in the order they are usually named for receiving petitions; and, as the name of each State is called, the Ser.