The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-07

II
person voted for, on the first three ballots, yet as
thirty were required to constitute majority of the
members in Joint ballot, he was not considered
elected; and, finally, on the fourth ballot, he was
defeated, and the blank votes were made to tell in
favor of Mr.. Mallory, the successful candidate on
that ballot, who had not received even a single
vote on the previous ballots. On the principle
adopted in Rhode Island, in the declared election
Of Gen. James, Mr.. Yulee has a right to take his
seat in the United States Senate, at the next
sion, unless law, or resolution, passed by the Lee
gislature of FLORIDA, should prevent him doing 50.
We are tempted, now that we on the subject
Of blank ballots and elections by Legislative bodies,
TO examine into the matter, and see how far the
views of Gov. Sprague can be sustained by prece-
dents OF high authority; and what can be said on
the other eide, ma nely, the instances where elec-
lions by legislative bodies have been decided by
the virtual # not positive, rejection of blank votes.
We shall present from cases bearing on the point
IN question; the first two, being elections by the
Congress Of the United States we think adverse to
each other in the decision arrived At; and the other
two, cases which occurred within our own reool-
lection, in the State Of New York, 10 both (Which
instances important elections have been decided
by the rejection Of blank votes.
The fret election ia point, by Congress, ia the
famous one Of February, 1s0l, when the House If
Representatives were called upon 20 decide be-
tween Jefferson and Burr, the democratic candi-
dates for President and Vice. President in conse-
quence Of their having received an e. ua number
OF votes in the electoral ooleges-seventy.thre
each-whle the federal canI dates, Johr Adams md
Charles 9. Pinckssy, had received sir,y-fye ami
sixty-foU- votes, and John Jay one vote BY
the constitution, Ls It Thea stood, t5ut since
smendede the Person receiving the higtes, num-
Der OF votes was to be PRESIDENT, and the
next highest Vice-Preoident ssd. in case II equal
votes, the House Of Representatives decidoe which
SHOULD be President, tie membess voting by States
ami each State counting one v,te. OF course. a
majority OF members from each Safe was rea1red
10 eve the vote Of the SSte Otherwise the vote Of
such State was considered as divided.
We may rema<k, by the sway, thai Jefferson c1d
Burr Eere elected by the ve,e Of the state OF Nov
! ork, which at that time chose twelve electors
md thus turned the scale ia favor Of the democratic
As the Legislature then chose the electors, the
Members from the city Of New York gave the
alance in favor OF the democrats, and the MEM
ers Of Assembly from this CITY were chosen, in |
lay, lsO0, by an average majority OF 40. There.
ore, all the nonsense which we see published an
ualy at eleciioss calling upon the people to "re-
member that Jefferson was elected by enc vote.
nd that vote was given by the city Of New York.
MY shows the ignorance, or fslsehood, Of the per-
on, or newfpsper editor, utterine it.
To return 10 the election Of President by the
House Of Representatives, in February, 1901
The House then consisted OF LOG members, and
here was one vacancy from the State Of Georgia.
he feaeralists, on the question Of President be ng
eieued to the House, decided to vote for Burr, in
reference to Jefferson, not that they liked Burr.
ut they hated him less than they did Jefferson,
nd they were DESTROYS to dssppoini the democrats,
nd throw them into confusion. Barr was then a
aemser OF Assembly, at Albany, and took no part
= the election, although urged to do so by some
his friends in this State They advised him to
Q TO Wsshington-he vascillated, but finally de-
lined We know that he always regretted that he
Dok that course, often remafking to his friends
hat Il was then in his power to have made himself
resident. As IL was, no democrats voted for hun;
nd, although the federalisis had a small numerical
lajoriiy in the House, they had not ma jority Of
tates
The following vas the actual state az the votes,
,r most Of the time, on thirty.five bslIots-