Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-11-10
Our Constitutional Trap for the Presiden-
tinl Election.

In an article yesterday, on the dangers of
Presidential election in the House. we
meant 10 say that the FIRST election of Presi-
dent in the House convulsed the country,
and caused threats Of arming the people and
taking possession of the Capital. 1t was
during the contest which resulted in the
election of Jefferson. This was under the
original provision of the Constitution. The
electors voted without distinction between
President and Vice-President. The person
receiving the highest number would have
been President, and the one having the next
highest, Vice-President. Jefferson and Burr
had each seventy-three votes. Mr.. Adams
bad sixty-fve, PinCkney sixty-four and Jay
one.
We may here note, as another of the beau
ties of the system, that although the elect
ors, the most direct representatives of the
popular voice on this matter, could not elect
without majority of the whole number,
the House could, unless there was a tie on
the two highest candidates, elect any one of
the Eve who had the highest number, Thus
a candidate might have but a single electoral
vote, as Mr.. Jay had, and yet be elected in
the House. At the present time the eligi-
bility is limited to three candidates; yet one
with single vote may be elected; and it will
be observed that this is no remote possibility;
for in the recent election the party most
anxious to throw the election into the House,
was that which had fewest votes there, and
expected to be, at most, third on the list in
the electoral college.
At this Presidential election, which oc-
Cured in l80O intelligence Travelled slowly.
But the party leaders knew the result by the
middle of December. The contest really
began from that time. By law the two
Houses were to meet on the llth of Feb
ruary, to count the votes. Previous to meet
ing, they adopted eight rules, designed, Mr..
Randolph said, as a Federal expedient to
starve or worry the doubtful members into
voting for Burr. This shows the primitive
innocence of those times. No starving nor
worrying isresorted to now, to operate on
members. The fashion is much pleasanter.
The rules were that as soon as it was ascer-
tanned that there was no choice, the House
- was to return to its chamber, commence bal
loting at once, and continue balloting until
President was chosen.
On the first ballot there were eight States
for Jefferson, six for Burr, and two were
p divided. AS the division was to some extent
sectional, itmay be interesting to recall it.
The eight States which voted for Jefferson
included all those south of New England,
except Maryland Delaware and South
Carolina. The four maritime Northeastern
xu;t naIa
voted for Aaron Burr. Vermont and Mary
land were divided.
Tue House remained in session nominally,
without adjournment, for several days, but
evaded the rule by substituting recess.
During the next four days short sessions were
held, and but five ballots taken. The public
agitation over this contest had now contin-
ued from the middle OF December to the 10th
of February, and had reached dangerous
point. Hildreth states that subsequent de-
velopments left little doubt that offers on
both sides had been made to the doubtful
members. That they were not successful
shows how little the science of popular gov
eminent was understood at that time
Hildreth thus describes the public feeling:
"a part of the evils which Hamilton had
anticipated began already to be felt. The
public mind was much agitated by the delay.
RumoTs had been and continued to be cir
culated, charging the Federalists with most
desperate and revolutionary intentions Jef-
ferson himself in the highest state of nerv-
Gus agitation, wrote to Monroe that nothing
but threats on the part of the Opposition that
the Middle States would rise in arms and
call a convention for framing a new Consti-
tuition, prevented the Federalsts from PASS
ing an act to vest the executive authority, in
default of any election of President, in the
Chief Justice or some other high officer"
The same expedient was threatened then,
that many thought so desirable at this cleo
ton: to prevent an election in the House
and let the Senate elect the President. Then
it was thought little better than treason
Now il is called conservatism and Union
saving. On the 10th day of December, Mr..
Jefferson wrote Mr. Madison in regard TO
the alleged threats of the Federalists, "who
openly declare they viii prevent an election,
and will name President of Senate pro tenn,
by what they say would only be a stretch of
the Constitution"
The following, from letter which he
wrote TO Mr.. Monroe on the 18th of Feb
Tuary, two days before a choice was made,
shows how he regarded such plot, and
what remedy he thought justifable:
'If the Federalists would have been per-
mitted to pass law for putting the Govern
ment in the hands Of an officer, they would
certainly have prevented an election. F 1t
we thought it best to declare, one and II,
openly and fairly, that the day such az vet
passed the Middle States would arm and
that no such usuFpation, even for a mgle
day, should be submitted to. This first shook
them,P &c.
Mr.. Hamilton, who was at New York
during this contest, wrote to Mr.. Bayard, of
Delaware, after the contest:
at is believed to be an alarming
fact, that while the question of the Presi-
dental election was pending in the House
of Representatives, parties were organizing
in several cities, in the event of there being
no election, TO cut off the leading Federal
lists and seize the Government"
The country escaped this danger then,
although the contest embittered partizan
hatred to an extent which has no parallel
now, except when pro-slavery mob comes
in contact with suspected Abolition strag-
gler. 1t was danger which never shoald
have existed, and which was entailed by
faulty Constitution. The animosities ex-
cited by the other election in the House, in