XV. CHAPTER of chief justice, and, previous to the passage of the new Judiciary Act, the president had conferred that capital 1801. post on Marshall, his secretary of state. Jay had been first nominated, but he declined, having made up his mind to retire from public life. Marshall still continued, notwithstanding his new office, to discharge the duties of Secretary of State. Pending these proceedings, the returns of the electoral votes gradually came in, from which, at length, it became certain not only that the Republican ticket had triumphed, as had been generally expected, but, what was far from being so agreeable to most members of the Republican party, that Jefferson and Burr had both received the same number of votes. The understanding among the Federalists to vote equally for Adams and Pinckney had been faithfully carried out, except in Rhode Island, where one vote had been withheld from Pinckney and given to Jay, leaving Pinckney sixtyfour in the whole to Adams's sixty-five. Jefferson and Burr had each seventy-three votes, and the decision between them devolved, under the Constitution, upon the House of Representatives voting by states. Though the Federalists had a decided majority of members, they could not command, for the purposes of this election, a majority of states; but neither could the other party. The single Federal representative on whom, by the death of his colleague, the vote of Georgia had devolved, also Dent, one of the Federal representatives from Maryland, had decided to conform to the wishes of their constituents by voting for Jefferson. This gave Georgia to the Republicans, and equally divided the vote of Maryland. North Carolina was also equally divided; but one of the Federal members took the same view with the above-mentioned members from Maryland and Geor XV. gia. The friends of Jefferson were thus sure of eight CHAPTER votes. But there still remained two states equally divided, Maryland and Vermont; which, added to South 1801. Carolina, Delaware, and the four maritime New En gland states, prevented a majority. In this state of things, the idea was conceived by the Federalists of disappointing Jefferson and the body of the opposition by giving the first office to Burr. Before the equality of votes was precisely ascertained, Burr had written a letter disclaiming any competition for the first office, and constituting Smith, of Maryland, to whom the letter was addressed, his proxy so to state, if occasion should happen. But it was not supposed that this commitment would at all deter Burr, should a promising occasion present itself, from exerting all his skill and art to secure his own promotion over Jefferson's head; and it was thought that the two divided states, with New York and New Jersey, and perhaps Tennessee, of which the vote was held by a single representative, C. C. Claiborne, might furnish the requisite voices. Bayard, of Delaware, Morris, of Vermont, or Craik, Baer, Dennis, or Thomas, of Maryland, all Federalists, might at any time, by their single votes, give to Jefferson an additional state, and so decide the election in his favor. On the other hand, Bailey and Livingston, of New York, neither of whom were thought specially favorable to Jefferson, with Lynn, of New Jersey, and Dent, of Maryland, the former a half Federalist, the latter entirely one, might, by their united votes, give Burr three additional states, sufficient to elect him; or the vote of Lyon or Claiborne, by giving him Vermont or Tennessee, might supply the lack of one of the others. Burr, being a Northern man, was on that account preferred by the Federalists, whose strength lay in that This idea CHAPTER quarter of the Union. It was also hoped that his elevaXV. tion to the first office might produce such a split in the 1800. opposition ranks as would still leave the control of affairs substantially in the hands of the Federalists, to whom Burr himself would owe a debt of gratitude. had been suggested early in the session, and before the result of the election was certainly known. As soon as it came to Hamilton's knowledge, he entered a vigorous Dec. 16. protest against it. "I trust New England, at least," so he wrote to Wolcott," will not so far lose its head as to fall into the snare. There is no doubt that, upon every prudent and virtuous calculation, Jefferson is to be preferred. He is by far not so dangerous a man, and Dec. 17. he has pretensions to character. As to Burr, there is His private character is not defended by his most partial friends. He is bankrupt beyond redemption, except by the plunder of his country. His public principles have no other spring or aim than his own aggrandizement. If he can, he will certainly disturb our institutions to secure himself permanent power, and with it wealth." "Let it not be imagined that Burr can be won to Federal views. It is a vain hope. It is a vain hope. Stronger ties and stronger inducements will impel him in a contrary direc tion. His ambition will not be content with those objects which virtuous men of either party will allot to it, and his situation and his habits will oblige him to have recourse to corrupt expedients, from which he will be restrained by no moral scruples. To accomplish his ends, he must lean upon unprincipled men, and will continue to adhere to the myrmidons who have hitherto surrounded him. To these he will no doubt add able rogues of the Federal party; but he will employ the rogues of all parties to overrule the good men of all parties, and to XV. promote projects which wise men of every description CHAPTER will disapprove. These things are to be inferred with moral certainty from the character of the man. Every 1801. step in his career proves that he has formed himself on the model of Catiline, and he is too cold-blooded and determined a conspirator ever to change his plan." Subsequent events sufficiently proved Hamilton's just appreciation of Burr's character; but his warning voice, though he wrote similar letters to others besides Wolcott, was not listened to. Personal collisions with Burr in the party contests of New York were supposed to have created in his mind undue prejudices. In a private consultation among themselves, a majority of the Federal members in Congress resolved on an effort to elect Burr, and in this decision the minority acquiesced. There were some so rash and violent, and so obstinately prejudiced against Jefferson, as to advocate his exclusion, even though the offices of president and vice-president should remain unfilled, thus exposing the whole Federal system to dissolution. Such ideas, rashly thrown out by a few, met, however, with little countenance, and, perhaps, were not seriously entertained by any. On the other hand, Bayard, Morris, Craik, and Baer, four out of the six Federal members, any one of whom might, at any time, by his single voice, decide the election in Jefferson's favor, came to a mutual resolution that the attempt to exclude him, after its feasibility had been fairly tested, should not be carried beyond a certain point. Before meeting the Senate to count the electoral votes, Feb. 9. the House resolved-with the intent, according to John Randolph, to starve or worry the doubtful members into voting for Burr, though it might be easy to conjecture a more justifiable reason-that in case no candidate should have a majority of electoral votes, they would forthwith CHAPTER return to their own chamber, and there continue in ses Feb. 11. XV. sion, without proceeding to any other business, till a pres1801. ident should be chosen. Seats were to be provided on the floor for the president and the senators; but during the act of balloting, the galleries were to be cleared and the doors closed. Questions of order that might arise were to be decided without debate, the House voting by states. Upon the first ballot, eight states voted for Jefferson, including all those south of New England except Delaware, Maryland, and South Carolina. The four maritime New England states, with Delaware and South Carolina, voted for Burr; Vermont and Maryland were divided. Two or three members were so sick as to be brought to the House on their beds. Twenty-nine ballots were had at longer or shorter intervals, occupying the House till the next day at noon-all with the same result. The House remained in session, nominally without adjournment, for seven days; but, after sitting out the first night, the resolution not to adjourn was substantially evaded by substituting a recess. During the next four days the actual sessions were very short, only five ballotings being had. Ample time had been allowed to Burr to bring over, if he could, any of the opposition votes; and that offers on both sides had been made to the doubtful members, subsequent developments left little doubt. A part of the evils which Hamilton had anticipated began already to be felt. The public mind was much agitated by the delay. Rumors had been and continued to be circulated, charging the Federalists with the most desperate and revolutionary intentions. Jefferson himself, in the Feb. 15. highest state of nervous agitation, wrote to Monroe that they were only prevented from passing an act to vest the executive authority, in default of any election of presi |