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have been published in a single volume. It contains the arguments of counsel in full, the opinions of the commissioners, the journal of the commission, and all the certificates and objections.

ALEXANDER JOHNSTON.

ELECTORAL VOTES (IN U. S. HISTORY). I. 1789. The electoral votes, as counted Monday, April 6, 1789, for the first presidential term, were as follows:

STATES.

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New Hampshire.. 5 5
Massachusetts. 10 10
Connecticut
New Jersey
Pennsylvania
Delaware..
Maryland..
Virginia..
South Carolina
Georgia

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Whereby," says the official record of the proceedings, it appeared that George Washington, Esq., was elected president, and John Adams, Esq., vice-president of the United States of The electoral votes, as counted Wednesday, Feb. America." (See ELECTORS, IV., 1).—II. 1793. 13, 1793, for the second presidential term, were as

dis of Oregon. They held that the Florida case
did not apply; that there the basis of the decision
was, that the commission could only inquire
whether the governor had correctly certified the
action of the canvassing board appointed by the
state; that in Florida and Louisiana the governor
had so correctly certified, while in Oregon he had
not so certified, but should have done so; and
that the commission was competent to make his
action conform to the laws of his state. Feb. 23,
the commission, by votes of 8 to 7 in each
instance, rejected five successive, but various, res-
olutions to reject the vote of Watts; by a vote of
15 to 0, rejected the second return entirely; and,
by a vote of 8 to 7, accepted the first return.—
IV. SOUTH CAROLINA. Feb. 26, two certificates
from South Carolina were laid before the commis-
sion. The first return was that of the Hayes
electors, with the certificate of Gov. Chamber-
lain. The second return was a certificate of the
Tilden electors, claiming simply to have been
chosen by the popular vote, to have been counted
out by the returning board in contempt of the
orders of the state supreme court, and to have met
and voted for Tilden and Hendricks. The demo-
cratic counsel held that government by a returning
board was not republican, and that under Pres.
Grant's proclamation of Oct. 17, 1876, declaring
part of the state to be in insurrection, military
interference had made the election a nullity. No
serious effort was made to establish the validity of
the second return. Feb. 27, the commission, by
a vote of 8 to 7, rejected the offer to prove mili-
tary interference; by a vote of 15 to 0, rejected
return No. 2; and, by a vote of 8 to 7, accepted
return No. 1. March 2, 1877, the commission ad-
journed sine die. (For the successive actions
taken by the joint meeting on the commission's
decisions, see DISPUTED ELECTIONS, III.) — It
would seem no more difficult to impeach the con-
stitutionality of the commission than that of the
"twenty-second joint rule,” under which so many
former counts were made (see ELECTORS); and in
that case the legal title given to the new presi-
dent, through the mediation of the commission,
would seem to be on an exact equality with that
of Lincoln, Johnson or Grant. The cruelly
vicious feature in the scheme was the fact that
fourteen members of the commission were practi-
cally irresponsible, while the fifteenth was secure
in advance of a monopoly of the anger of one
party or of the other. In the case of Mr. Justice
Bradley the censure was totally undeserved. If
the constitutionality of the commission be granted, Georgia
as it was by both parties, the weight of law, in
spite of the brilliant arguments of Messrs. Merrick,
Carpenter, Green, and others of the democratic
counsel, lay in the republican scale; and even in
Louisiana, where the proceedings of the returning
board were shamefully, or rather shamelessly,
defenseless, the censure should fall not on the
commission but on the laws of Louisiana.-The
Proceedings of the Electoral Commission, being Part
IV., vol. V., of the Congressional Record, 1877,

follows:

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"The vice president said, 'Upon this report it becomes my duty to declare, agreeably to the constitution, that Thomas Jefferson is elected president of the United States, for the term of four years from the third day of March next, and that George Clinton is elected vice-president of the United States, for the term of four years from the third day of March next.'"-VI. 1809. The electoral votes, as counted Wednesday, Feb. 8, 1809, for the sixth presidential term, were as follows:

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"The whole number of electors who had voted were one hundred and thirty-eight, of which number Thomas Jefferson and Aaron Burr had a majority; but, the number of those voting for them being equal, no choice was made by the people, and consequently the remaining duties devolved on the house of representatives. On which the house of representatives repaired to their own chamber and the senate adjourned." | (See DISPUTED ELECTIONS, I.)-V. 1805. The electoral votes, as counted Wednesday, Feb. 13, 1805, for the fifth presidential term, were as fol lows :

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"By all which it appears that James Madison, of Virginia, has been duly elected president, and George Clinton, of New York, has been duly elected vice-president of the United States, agreeably to the constitution."-VII. 1813. The elec toral votes, as counted Wednesday, Feb. 10,

Rufus King.

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"Whereupon the president of the senate declared James Madison elected president of the United States for four years, commencing with the 4th day of March next, and Elbridge Gerry vicepresident of the United States for four years, commencing on the 4th day of March next."-VIII. 1817. The electoral votes, as counted Wednesday, Feb. 12, 1817, for the eighth presidential term, were as follows:

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Ohio.

Louisiana

Indiana

Mississippi
Illinois

Alabama..
Maine.
Missouri

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"The whole number of electors appointed being 235, including those of Missouri, of which 118 make a majority; or excluding the electors of Missouri, the whole number would be 232, of which 117 make a majority; but in either event, James Monroe, of Virginia, is elected president, and Daniel D. Tompkins, of New York, is elected vice-president of the United States. Whereupon the president of the senate declared James Monroe, of Virginia, duly elected president of the United States, commencing with the 4th day of March next; and Daniel D. Tompkins, vice-president of the United States, commencing with the 4th day of March next.' ELECTORS, III., 2). X. 1825. The electoral votes, as counted Wednesday, Feb. 9, 1825, for the tenth presidential term, were as follows:

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John Q. Adams.

Wm. H. Crawford.

Andrew Jackson.

Henry Clay.

John C. Calhoun.

Nathaniel Macon.

Andrew Jackson.

Nathan Sanford.

Henry Clay.

Martin Van Buren.

Louisiana.

Indiana.

Total.

183 34 183 22 5 4

3

Maine

"Whereupon the president of the senate declared James Monroe elected president of the United States for four years, commencing with the fourth day of March next; and Daniel D. Tompkins vice-president of the United States, commencing

New Hampshire
Massachusetts..
Rhode Island..
Connecticut
Vermont.
New York
New Jersey.
Pennsylvania..
Delaware..

26

5

188

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"The president of the senate then rose, and declared that no person had received a majority of the votes given for president of the United States; that Andrew Jackson, John Quincy Adams, and William H. Crawford, were the three persons who had received the highest number of votes, and that the remaining duties in the choice of a president now devolved on the house of representatives. He further declared that John C. Calhoun, of South Carolina, having received one hundred and eighty-two votes, was duly elected vice-president of the United States, to serve for four years from the 4th day of March next." (For the election of John Quincy Adams by the house see DISPUTED ELECTIONS, II.)-XI. 1829. The electoral votes, as counted Wednesday, Feb. 11, 1829, for the eleventh presidential term, were as follows:

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Maine

New Hampshire.
Massachusetts
Rhode Island
Connecticut
Vermont
New York..
New Jersey.
Pennsylvania.
Delaware.

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'Whereupon the president of the senate proclaimed that Andrew Jackson, of Tennessee, having a majority of the whole number of votes, was elected president of the United States for four years, from the fourth day of March next; and that Martin Van Buren, of New York, having a majority of votes therefor, was elected vicepresident of the United States for the same term."- XIII. 1837. The electoral votes, as counted Wednesday, Feb. 8, 1837, for the thirteenth presidential term, were as follows:

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* "The president of the senate then * * * declared that William Henry Harrison, of Ohio, having a majority of the whole number of electoral votes, is duly elected president of the United States, for four years, commencing with the fourth day of March next, 1841; and that John Tyler, of Virginia, having a majority of the whole number of electoral votes, is duly elected vice-president of the United States, for four years, commencing with the fourth day of March next, 1841."- XV. 1845. The electoral votes, as counted Wednesday, Feb. 12, 1845, for the fifteenth presidential term, were as follows:

Ohio
Louisiana.

Mississippi

Indiana.
Illinois

Alabama.
Missouri
Arkansas
Michigan

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"It therefore appears that were the votes of Michigan to be counted, the result would be, for Martin Van Buren for president of the United States, 170 votes; if the votes of Michigan be not counted, Martin Van Buren then has 167 votes. In either event, Martin Van Buren, of New York, is elected president of the United States." (See DISPUTED ELECTIONS, III.) — XIV. 1841. electoral votes, as counted Wednesday, Feb. 10, 1841, for the fourteenth presidential term, were as follows:

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The president of the senate then said: “I do, therefore, declare that James K. Polk, of Tennessee, having a majority of the whole number of electoral votes, is duly elected president of the United States for four years, commencing on the 4th day of March, 1845; and that George M. Dallas, of Pennsylvania, having a majority of electoral votes, is duly elected vice-president of the United States for four years, commencing on the 4th day of March, 1845."-XVI. 1849. The electoral votes, as counted Wednesday, Feb. 14, 1849, for the sixteenth presidential term, were as follows:

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