The Disputed Election of 1800The Disputed Election of 1800The The First First

Constitutional Constitutional Crisis Crisis

& & the the

Triumph Triumph of of

Statesmanship?Statesmanship?

ElderhostelSeptember 25, 2006Lifelong Learning InstituteOctober 4, 2006

Artemus WardDepartment of Political ScienceNorthern Illinois University

The Statesmanship ThesisThe Statesmanship Thesis The most important moment of the founding The most important moment of the founding

generation was not the romanticized “Miracle at generation was not the romanticized “Miracle at Philadelphia” in 1787 but the miraculous avoidance of Philadelphia” in 1787 but the miraculous avoidance of crisis in Washington, D.C., in 1801.crisis in Washington, D.C., in 1801.

It is argued that statesmen acting at the right moment It is argued that statesmen acting at the right moment were the key to weathering the first constitutional were the key to weathering the first constitutional crisis. crisis.

The founders had designed an electoral system The founders had designed an electoral system without providing guidelines for treatment of defective without providing guidelines for treatment of defective ballots, the self-interest of the Senate President, the ballots, the self-interest of the Senate President, the dangers of a lame duck Congress, voting rules for the dangers of a lame duck Congress, voting rules for the House runoff election, and the possibility that a House runoff election, and the possibility that a President would not be selected by the inaugural date.President would not be selected by the inaugural date.

Solution? Statesmanship, not partisanship, was the Solution? Statesmanship, not partisanship, was the way out.  way out. 

Election of 1800Election of 1800 Adams faced substantial Adams faced substantial

opposition within his own opposition within his own party. Hamilton opposed party. Hamilton opposed Adams’ reelection and Adams’ reelection and schemed to have Pinckney, schemed to have Pinckney, Adams Vice Presidential Adams Vice Presidential candidate receive more candidate receive more electoral votes and thus electoral votes and thus become President.become President.

The election was settled when The election was settled when the New York legislature fell the New York legislature fell under the sway of Burr and under the sway of Burr and became dominated by became dominated by supporters of Jefferson, thus supporters of Jefferson, thus providing him with 12 key providing him with 12 key electoral votes.electoral votes.

The defeat to the Federalist The defeat to the Federalist however, did not end the however, did not end the Election of 1800. The Election of 1800. The Democratic-Republicans made Democratic-Republicans made the mistake of assigning the the mistake of assigning the same number of electoral votes same number of electoral votes to both Jefferson as Burr. to both Jefferson as Burr.

The Election of 1800The Election of 1800 Thomas Jefferson and Aaron Thomas Jefferson and Aaron

Burr each received 73 Burr each received 73 electoral votes.electoral votes.

Though the Jeffersonians won Though the Jeffersonians won control of Congress, for ten control of Congress, for ten weeks the lame-duck weeks the lame-duck Federalists still controlled the Federalists still controlled the legislative branch.legislative branch.

Who will be the president?Who will be the president? The Constitution requires that The Constitution requires that

in case of a tie, the House will in case of a tie, the House will vote, state-by-state, with each vote, state-by-state, with each state getting one vote each.state getting one vote each.

Because there were 16 states, Because there were 16 states, candidates would need 9 to be candidates would need 9 to be chosen president.chosen president.

HoratiusHoratius One commentator writing under the One commentator writing under the

pseudonym “Horatius,” cast pseudonym “Horatius,” cast himself as a “cool legalist” and himself as a “cool legalist” and offered a solution.offered a solution.

if the House should deadlock in its if the House should deadlock in its determination, Congress should determination, Congress should pass a statute naming an “officer pass a statute naming an “officer of the United States” to serve as of the United States” to serve as President. President. 

While Horatius did not recommend While Horatius did not recommend who that officer should be, John who that officer should be, John Marshall was the senior public Marshall was the senior public official and, presumably, the most official and, presumably, the most likely choice.likely choice.

Who was Horatius—the author of Who was Horatius—the author of this potential solution?this potential solution?

Secretary of State John Marshall.Secretary of State John Marshall.

Vice President JeffersonVice President Jefferson The President of the Senate officially counts The President of the Senate officially counts

the Electoral College votes.the Electoral College votes. Among the entries was an irregular ballot Among the entries was an irregular ballot

from Georgia. The ballot should have from Georgia. The ballot should have contained an electoral vote and a separate contained an electoral vote and a separate certificate of ascertainment. Both should certificate of ascertainment. Both should have been placed in an envelope, sealed, have been placed in an envelope, sealed, with a certification on the outside of the with a certification on the outside of the envelope certifying that a list of votes was envelope certifying that a list of votes was contained. contained. 

Georgia’s envelope contained only a single Georgia’s envelope contained only a single sheet of paper with the electors’ choices sheet of paper with the electors’ choices printed on the other side. Jefferson simply printed on the other side. Jefferson simply opened the envelope, announced the opened the envelope, announced the choices, and moved on. choices, and moved on. 

There was a possibility that the envelope There was a possibility that the envelope was intercepted en route and a new list was intercepted en route and a new list written on the back of the certificate of written on the back of the certificate of ascertainment. Jefferson could have called ascertainment. Jefferson could have called attention to the possibility of fraud, but the attention to the possibility of fraud, but the disqualification of an entire state could have disqualification of an entire state could have initiated a new crisis.initiated a new crisis.  

Partisanship or Statesmanship?Partisanship or Statesmanship? Since the Constitution mandates that a contingent election be Since the Constitution mandates that a contingent election be

held immediately, and since Jefferson and Burr would not have held immediately, and since Jefferson and Burr would not have received a majority of the electoral vote, the House would have received a majority of the electoral vote, the House would have held an election among the top five electoral vote-getters. In held an election among the top five electoral vote-getters. In such a case, the lame-duck Federalist House could have such a case, the lame-duck Federalist House could have chosen to elect Pinckney, Adams, or even Jay. Moreover, if the chosen to elect Pinckney, Adams, or even Jay. Moreover, if the House had chosen to elect one of the Federalist candidates, the House had chosen to elect one of the Federalist candidates, the lame-duck Federalist Senate would then have chosen between lame-duck Federalist Senate would then have chosen between Jefferson and Burr for the Vice Presidency. Jefferson and Burr for the Vice Presidency.

Some argue that by recognizing Georgia’s submission as Some argue that by recognizing Georgia’s submission as legitimate, Jefferson made a quick decision in statesmanship, legitimate, Jefferson made a quick decision in statesmanship, arguably saving the country from a worse arguably saving the country from a worse predicament. Without clear rules from the founders for predicament. Without clear rules from the founders for resolving such a dispute, the matter could have devolved into a resolving such a dispute, the matter could have devolved into a clash of legal formalisms with unclear rules.clash of legal formalisms with unclear rules.

Others see Jefferson’s action as self-interested for the lame-Others see Jefferson’s action as self-interested for the lame-duck Federalist House would have surely chosen one of their duck Federalist House would have surely chosen one of their own as president.own as president.

Lame-Duck President John AdamsLame-Duck President John Adams In 1798, during the undeclared war In 1798, during the undeclared war

with France, Adams created the with France, Adams created the first standing Army with Alexander first standing Army with Alexander Hamilton in charge of the troops.Hamilton in charge of the troops.

Yet Adams reversed course, Yet Adams reversed course, dissolved the Army in June 1800, dissolved the Army in June 1800, and urged a peaceful solution to and urged a peaceful solution to the conflict.the conflict.

After the election, the Jeffersonian After the election, the Jeffersonian governors of Pennsylvania and governors of Pennsylvania and Virginia threatened to call out their Virginia threatened to call out their state militias to march on the new state militias to march on the new Capitol in Washington if the Capitol in Washington if the Federalists did not recognize the Federalists did not recognize the legitimacy of the 1800 election and legitimacy of the 1800 election and their displacement by the their displacement by the Jeffersonians.Jeffersonians.

If Hamilton’s Army had remained If Hamilton’s Army had remained in the field, the Jeffersonian threat in the field, the Jeffersonian threat to call out the militia would have to call out the militia would have been without teeth.been without teeth.

Aaron BurrAaron Burr Burr could have fought for the Burr could have fought for the

presidency but chose to travel to presidency but chose to travel to Albany to attend his daughter’s Albany to attend his daughter’s wedding and remained there wedding and remained there throughout the conflict in the throughout the conflict in the House.House.

Alexander Hamilton said he Alexander Hamilton said he supported Jefferson because he supported Jefferson because he was “by far not so dangerous a was “by far not so dangerous a man” as Burr and was also man” as Burr and was also reported to say "At least reported to say "At least Jefferson was honest.“Jefferson was honest.“

When it became clear that Burr When it became clear that Burr would not be asked to run again would not be asked to run again with Jefferson, Burr sought the with Jefferson, Burr sought the New York governorship in 1804, New York governorship in 1804, but was badly defeated by forces but was badly defeated by forces led by Hamilton.led by Hamilton.

Burr eventually killed Hamilton Burr eventually killed Hamilton in a duel that year.in a duel that year.

Aaron Burr

Alexander Hamilton

Rep. James Bayard (F-DE)Rep. James Bayard (F-DE) When it seemed the When it seemed the

Federalists were about to Federalists were about to vote for Aaron Burr, Bayard vote for Aaron Burr, Bayard is believed to have followed is believed to have followed the advice of Alexander the advice of Alexander Hamilton and persuaded his Hamilton and persuaded his Federalist colleagues to Federalist colleagues to abstain from voting, and abstain from voting, and therefore throw the therefore throw the presidency to Jefferson. presidency to Jefferson.

It was also believed Bayard It was also believed Bayard struck a deal with Jefferson, struck a deal with Jefferson, to refrain from the wholesale to refrain from the wholesale removal of Federalists from removal of Federalists from appointed positions. While appointed positions. While never proved, when he took never proved, when he took office Jefferson allowed the office Jefferson allowed the Federalist office holders to Federalist office holders to remain employed.remain employed.

Amendment XIIAmendment XII To avert another crisis, the 12To avert another crisis, the 12thth

Amendment was ratified in 1804.Amendment was ratified in 1804. It specified that the electoral votes for It specified that the electoral votes for

president and vice president be distinct.president and vice president be distinct. ““The electors shall meet in their The electors shall meet in their

respective states and vote by ballot for respective states and vote by ballot for President and Vice-President . . . they President and Vice-President . . . they shall name in their ballots the person shall name in their ballots the person voted for as President, and in distinct voted for as President, and in distinct ballots the person voted for as Vice-ballots the person voted for as Vice-President.”President.”

Amendment XXAmendment XX ““The Lame Duck Amendment.”The Lame Duck Amendment.” Ratified in 1933.Ratified in 1933. Changed the terms of incoming members of Changed the terms of incoming members of

Congress and the President.Congress and the President. Under the initial Constitution, new officeholders Under the initial Constitution, new officeholders

begin their service on March 4begin their service on March 4thth.. ““The terms of the President and Vice President The terms of the President and Vice President

shall end at noon on the 20th day of January, shall end at noon on the 20th day of January, and the terms of Senators and Representatives and the terms of Senators and Representatives at noon on the 3d day of January, of the years at noon on the 3d day of January, of the years in which such terms would have ended if this in which such terms would have ended if this article had not been ratified; and the terms of article had not been ratified; and the terms of their successors shall then begin.”their successors shall then begin.”

ConclusionConclusion Was it the statesmanship of all of these actors that Was it the statesmanship of all of these actors that

resulted in a victory for Jefferson, and a victory for the resulted in a victory for Jefferson, and a victory for the constitutional order with a peaceful resolution struck constitutional order with a peaceful resolution struck without constitutional or military crisis?without constitutional or military crisis?

Is it the case that similarly disputed elections in 1824, Is it the case that similarly disputed elections in 1824, 1876, 1960, and 2000 also resulted in acts of 1876, 1960, and 2000 also resulted in acts of statesmanship in order to avert constitutional crises?statesmanship in order to avert constitutional crises?

For more information, see THE FAILURE OF THE For more information, see THE FAILURE OF THE FOUNDING FATHERS: JEFFERSON, MARSHALL, FOUNDING FATHERS: JEFFERSON, MARSHALL, AND THE RISE OF PRESIDENTIAL DEMOCRACY, by AND THE RISE OF PRESIDENTIAL DEMOCRACY, by Bruce Ackerman. Cambridge: The Belknap Press of Bruce Ackerman. Cambridge: The Belknap Press of Harvard University Press, 2005.Harvard University Press, 2005.

ALEXANDER HAMILTON, by Ron Chernow. New ALEXANDER HAMILTON, by Ron Chernow. New York: The Penguin Press, 2004.York: The Penguin Press, 2004.