During the summer of 1800 General Hamilton prepared for the press his
celebrated pamphlet, entitled--"A letter from Alexander Hamilton,
concerning the public conduct and character of John Adams, Esq.,
president of the United States." It was the design of the author of
this pamphlet that it should be privately printed, and circulated in
South Carolina only a few days before the election, for the purpose of
preventing Mr. Adams from getting the vote of South Carolina, but
securing it to Mr. Pinckney, who was the federal candidate for the
vice-presidency. The consequence would have been to place Mr.
Pinckney's electoral vote higher than Mr. Adams's, and thus, if the
federal party succeeded, Mr. Pinckney would have been elected
president and Mr. Adams vice-president. Colonel Burr ascertained the
contents of this pamphlet, and that it was in the press. Its immediate
publication, he knew, must distract the federal party, and thus
promote the republican cause in those states where the elections had
not yet taken place. Arrangements were accordingly made for a copy, as
soon as the printing of it was completed; and when obtained, John
Swartwout, Robert Swartwout, and Matthew L. Davis, by appointment, met
Colonel Burr at his own house. The pamphlet was read, and extracts
made for the press. Mr. Davis was charged with forwarding these
extracts to William Duane, editor of the Aurora, and to Charles Holt,
editor of the Bee, printed in New-London, which was accordingly done,
and the extracts immediately published. [1]
The effect of this sudden and unexpected explosion was such as might
have been anticipated. It rent the federal party in twain. The
publication, from time to time, of extracts, and the excitement which
was produced throughout the country by them, at length compelled Mr.
Hamilton to authorize the publication of the entire pamphlet; and
accordingly, in October, as the electors were to be chosen in
November, it was advertised for sale in the Daily Gazette. The editor
of the paper explained that it was not the intention of General
Hamilton to give publicity to this letter at the time it was made
public; but that extracts from it by some unknown means had found
their way to the public, and therefore the whole was now given.
Further evidence of the vigilance and efficiency of Colonel Burr in
promoting the revolution of 1800 is deemed unnecessary. It is most
solemnly believed that the overthrow of the federal party at that time
would not have been accomplished but through his zeal, sagacity, and
industry. His friends, therefore, have ascribed to him, and not
without some foundation, the election of Mr. Jefferson to the
presidency.
Governor Jay having refused to comply with the wishes of "one of the
most distinguished federalists in the United States," as proposing a
measure for party purposes which he (Governor Jay) thought it would
not become him to adopt, the legislature did not convene until the
fourth day of November, 1800, and on the sixth they proceeded to the
choice of electors for president and vice-president. The republican
ticket prevailed. It was composed of the following, persons:--
Isaac Ledyard, of Queen's County.
Anthony Lispenard, of New-York.
P. Van Courtlandt, of Westchester
James Burt, of Orange.
Gilbert Livingston, of Dutchess.
Thomas Jenkins, of Columbia.
[continued list of Republican electors]
Peter Van Ness, of Columbia.
Robert Ellis, of Saratoga.
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 Assembly 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 nobody 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 passive 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 anticipated 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
analyzed, 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 constitution. 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 anticipated. _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 passed 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 Constitution 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 Constitution 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 promptitude 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
Constitution, "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, Massachusetts, 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, Massachusetts, 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 constituted 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 competition.
Be assured 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 constitute you _my proxy to declare these sentiments_ if the
occasion should require." [2]
Baltimore, February 28, 1801.
Sir--Many of the citizens of Baltimore, who have just now heard of
your arrival among them, beg leave to congratulate you and themselves
upon the success of the late election of President and Vice-president
of the United States. They, in a particular manner, appreciate that
patriotism which disclaimed competition for the presidential chair
with that other eminent character who has finally been called to
it--as setting a just value upon the will of the people.
By order of the meeting.
THOMAS McELDERRY.
To Aaron Burr, Vice-president elect of the United States of America.
Footnotes:
1. Mr. Tucker, in his life of Jefferson, ascribes the defeat of the
federal party in South Carolina to General Hamilton's pamphlet. Its
premature publication, no doubt, contributed largely to produce this
result.
2. The effect of this letter upon public opinion may be judged of by
the following, among other testimonials which might be inserted.