t?y consistency of character; by du'y to
hit onstituent* ? to his country;' by that
of re Iteming his solemn pledge; by his
anxious wish for the success of his fa
vorite, whose interest could not fail to
be advanced by supporting his atrocious
charts. Out Mr. Kremer had now the
bei.efi of the advice of his friends. He
bad not proofs, for the plainest of all
reasons, because there was no truth in
his charges. Ti?ey saw that to attempt
to estabh?h them, and to fail, as he |
must fail, in the attempt, might lead to an
exposure ol the conspiracy, ol which he
was the org;?n. They advised therefore
that he should m ke a retreat, and their
adtohness suggested that, in an objec
tion to that jurisdiction of the House,
whtclh had been admitted) and in the
popular topics of the freedom of
the press, his duty to his constitu
ents, and the inequality in the condi
tion of the speaker of the House and a
member on the floor, plausible means
might be found to deceive the ignorant,
and conceal his disgrace. A laboured
communication was accordingly pre
pared by them, in Mr. Kremer's name,
and transmitted to the committee, foun
ded upon these suggestions. Thus the
valiant champion, who had boldly step
ped toward, and promised, as a repre
sentative of tre people, to ?? cry aloud
and spare not," iorgot all his gratuitous
gallantry and boasted patriotism, and
sunk at once into profound silence.
With these remarks, I will, for the
present, leave him, am) proceed to as
sign the reasons to you, to whom alone
1 admit myself to be officially responsi
ble, for the vote which I gave on the
presidential election. The first inquity
which it behoved me to make was, as
to the influence which oug*'. to be ex
erted on my judgment, by the relative
atate o! the electoral votes which the
three returned candidates brought into
the house, from the colleges. Gen
Jackson obtained 99, Mr. Adams 84,
and Mr. Cra*lord 41. Ought the fact
of a plurality being given to one of the
candidates to have any, and what, weight?
If the constitution had intended that it
should hi^/e been decisive, the constitu
tion would have made it derisive, and
interdicted the exercise of any discre
tion on the part ol the House ol Rr prt
sentatives. The constitution has not so
ordained, but, on the contrary, it has
provided; that " from the persons hav
ing the highest numbers, not exceeding
three, on the list of those voted tor as
President, the H. of Representatives
shall choose, immediately by ballot, a
President." Thus, a disctrtion is ne
cessarily invested in the House; for
choice implies examination, compari
son, judgment. The fact, therefore,
that one of the three persons was the
highest returned, not being by the cc^f
stitution of the country. ronclusivr>^r>ri
the judgment of the House^J^^nYc.
mains to determine, whatif>? lfuc dc_
greeofj^^belong??-lQit u hM
en cof^^^rth^it should operate,
ij^aa instiuction, at Iea3t in the
of one, and that in this lorm it
control the judgment of the
yfuse. But this is the same argument
tcf conclusiveness, which the coi<stitu
tion does not enjoin, thrown into a dif
ferent, but more imposing shape. Let
me anal)ze it. There are certain states,
the aggregate of whose electoral vote*
conferred upon the highest returned
candidate, indicates their wish thai he
should be the Ptesident. Their votes
amount in number to 99, out o! 261
electoral votes of the wnnle Union.
Theni 99 do not, ard cannot, of them
selvts, make the President. If the fact
ol particular states giving 9J votes can,
according to any received notions of the
doctrine if instiuction, be regarded in
that light, to whom are those instruc
tions to be considered addressed? Ac
cording to that doctrine, the people,
who appoint, have the right to dircct,
by their instructions, in certain case*,
the course of the representative whom
they appoint. The states therefore, woo
gave wio?c v j ?gic? in ay? m some sci.se, |
bt understood thereby ?.o have instruct- j
ed their rt preservatives in the Houj-c 10
vote for the person on whom they were
be*-t? wed, in the choice o! a pt esidenr. Hut
mos< cl? arly the representatives coming
fiorn other fctaies, which gave no part
of th .st 99 votes, cannot be ronsidere-f
as having been under any obligation to
surrender their jmli^nrw ntslotho^e of the <
states which gave the 99 votes. To con- I
tend that thry are under such an obliga
tion, would nc to maintain that the prople
of one state hav~ the r i p; h t to instruct (he
representatives from toother state. It
would he to maintain a still more absurd
proposition, that, in a ra*e where the re
pr< ?entatives from a state did not hold
themselves instructed and bound by the
will of that state, as inriicated in its elec
toral college, the representatives from
another state were nevertheless, instruc
ted a >d bound by 'hat alien will. Thus, |
the en'ire vote of North-Carolina, and I
? large majority of that of Maryland, in
their respective electotal colleges, were
given to one of the three returned can
didates, for whom tbe delegation from
neither of those states voted. And yet
the argument combatted rtquires that
the deln aiion fiom K< tit u< ky, who do
not represent the people ol North-Car
olinauur Mary land, nhould be instructed
by, and give an effect to, the indicated
will of th? people of those two states,
when their own delegation paid no at
lention to it. I) .tbtless, these dclega*
gations felt themselves authorized to
look into the actual cm position of, end
?II other circumstance* connect* d with,
the majorities which gave the electoral
votes, in their respective states; and felt
themselves justified, from a view of the
whole ground, to act upon their respon
sibility and according to their best judg
ments, disregarding the electoral votes
in their states. And are the represen
tatives ironi a different state not only
oound by the will uf the people of a dif
ferent commonwealth, but loi bidden to
examine into the manner by which the
expression of fhat tvill was brought a
bout? an examination which the imme
diate representatives themselves feel it
their duty 10 make?
Is the fart, then, of a plurality to
have no weight? Far from it. Here !
are 24 communities, united tinder a
I common government. The expression ,
t of the will of any one of them is entitled 1
to the most respe ttul attention. It
ought to be patiently heard and kindly
regarded by the other*; but it cannot be
admitted to be conclusive upon them.
The expression ol the will ?>f 99 out of
{ 261 electors is entitled to very great at
Itention, but that will not ba considered
as entitled to control the will of the 162
electors, who h..ve manifested a differ
j ent will. To give it such controlling in
fluence, would be a subversion of the
fundamental msxim of >he Republic ?
that the majority should govern. The
will of the 99 can neither be allowed
rightfully to control the remaining 162, _
nor any one of the 162 electoral votes, i
It may be an argum< nt, a persuasion,!
addressed to all, ai>d to each of them, but |
it is binding and obligatory upon none. I
It follows then, that the fact of a plural- j
ity was only one among the various con- ,
siaerauons winch the llouse was calleJ
upon to weigh, in making up its judg- .
mcnt. And the weight of the consider- j
ation ought to have been regulated by ?
the extent of the plurality. As between
G?n. Jackson and Mr Aiams, ?he vote
standing in the propor-ions of 99 to 8*,
it was entitled to lets weight; .?? be
tween the General and Mr. Crawford it i
wai entitled to more, the vote being as J
99 to 41. The concession may even be i
made, that, upon the supposition of an 1
equality of pretensions between corn- >
peting candidates, the preponderan e
ought to be given to the tact of a plural- I
ity.
With these view* of the relative state ?
of the vote, with which the three retur- f
ned candidates entered 'be House, I pro
ceeded to examine the o hcr considera
tions wnici. belongt d to the question.
For Mr. f raalnrH Vf '* ll'f'rfT' 1
l*,c Hou^y^ only four votes more
2}}2f[*oT)C candidate not returned, and
upon wh'-se case, therefore, the argu
ment derived from the fact of plurality,
operated with strong, though not deci
sive force. I have ever felt much per
sonal regard. Bu'. 1 was called upon io
perform a public solemn duty, ir. which
my private feelings, * he'.her of affection
or aversion, wire not to be indulged,
but the ?ood of my country only con
sulted. It appear* to me that the pre
carious state of that gentleman'-, health,
although I participated with his best
friends in all their regiets and sympa
thies, on account of it, was conclu
J sive againut him, to say nothing of oth
' er considerations of a public nature
( which would have deserved examtna
j tion, if, happily in that rcsprct, be had
' bt-cn differently circumstanced. He
i had been ill near eighteen months, and
although I am awjre that his actual
condition was a fa< t dependm^ upon
evidtnee, and that the evidence in re
Hard to it, which had heen presented to
the public, was notpeiUctly harmo
nioiM, I judged for myself upon what !
I saw and heard. He may, at d I arcent
I) hope will recover; but I did not
think it became me to assist in commit
ting the executive administration of
this great republic on the doubtful ron
ti? genry of the restoration to he. lth ol
a gentleman who had been so long and
so* rionsly ?fllicted. Moreover, if, un
| der all the c ucumstanres of his situa
tion, his election had bet n desirable, I
c; id not think it practicable. I betieved,
and yet be. it vr, that if the votes of the
weste-n states, given to Mr. Adams,
had been conferred on Mr. Crawford,
j the efTet t would have hem to protract
in the House the decision of the con
test to the great agi ation and distraction
I of i he country, and possibly to defeat an
?l ction altogether?the very wors' re
sult I thought that could happen, ft
appeared to me, then, that sooner or la
ter, we must arrive at the only practical
issue o< the contest before us, and that
was between Mr. Adams and Gen. Jack
son, an6 Ithooght that the earlier we got
I there, the better for the country and for
[ the House.
tn considering this only alternative, I
was nut unaware of your strong desire to
have a western Prtsideni; but I thought
that I knew enough of your patriotism,
and magnanimity displayed on so many
o? rasior.s, to believe that you could rise
a??ove the mere gratification of sectional
pride, if ihf common g<?od of the whole
required you to make the sacrifice of
local partiality. I solemnly believed it
did, and this bung* me to the most im
portant * onsideration which belonged to
toe whole auhject ? tha> arising out of
tne rrsp?ttivt fitness of the only two
r <. a I competi'ots, as it appeaicri to my
beat judgment. In speaking ol (Icne
ral Jatkson, 1 am aware of the delicacy
respect
* u ? h e
purpose 10
could out do it
ing the attempt; u
him
I did not bclievl
complex duties oWm omc^^Jhicf
Magistrate as his competitor. He has
displayed great skill ?"<! b'avcry as a
military commander; and his renown
will endure as long a* 'he means exist
ot preserving a recollection of human
transactions. Hut to be qualified to dis
charge the duties ol President of the
United States, the in u'nbent must have
more than mere mibtay attainment*?
he must be a staticsm**- An individ
ual may he a g.llaiit and successful ge
neral, an eminent lawyer, an eloquent
divine, a Irarned physician, or an accom
plished artist, ai d doubtless the union
of all these chaiacters hi ih* person ol
a Chief Magistrate, would he desirable;
but no one of them, nor all combined,
will qualify him to be President, unless
he superadds that indispensible requisite
of being a stale-man. Far trotn mean
ing to say, that it is an objection to the
elevation to the chief magistracy of any
person that he is a military commander,
i! he unites the other qualifications, I
only intend to say that whatever may be
the success or splrrdor ot his military
achievements, if his qoal. first ion be on
ly military, that is an ohjec'ion, and I
think a Hecisive objcct on to his elec
tion. If General Jackson has exhib
ited, either in the councils of the Uni
on, or in those ot any otner siate or ter
ritory, the qualities of a statesman, the
evidence cf the fart has estaj ed my ob
servation. Ii wouid be aspa nful as it is
unnecessary to recapitulate ">nie ot the
incidents which must be fresh in your
recollection of his public life. But I
was greatly deceived in my j-'dgmeni
if they proved him to be endowed with
that prudence, temper, and discretion,
which are necessary lor civil adminis
tration. It was in vain to remin ' me of
thi illustrious example ot Washington.
There was in that extraordinary person,
united a serenity ot mind, a cool and
collected wis' om, a cautions and delib
erate judgment, a perfert command of
the passions throughout his wholr life,
a familiarity and acquaintance with bu
siness and civil tiars&rticns, which
rarely characterise any human being.
No man was ever more deeply penetra i
ted than he was, with profound respect
fop the safe and nictssaty principle of
'.he entire subordin^i^of the military '
ro-llfe civil Tuthofit^rr ho^k^? .*> ;
injustice to General Jackson shk I
say, that I tould not recognise in >s
public conduct, those attainment* I* .
both civil government and military cor
mand, which cotemporaries and poste'
my have alike unanimously concurred
in awarding as yet only to the father of
his country. I was sensible ol the gra
titude which the people ot this country
justly fetl towards General Jackson for
his brilliant militay ser vires. B it the
i i. pulses of public graiitude should be
controled, it appeared to mc, by reason
and discretion, and I wjs not prepaid
blindly to surrender myself ?o hazard
ous indulgence, of a Icelinq. however
amiable and excellent thai fcclini; may
be when propeily directed. It did not
seem to me to he wise or prudent, if, as
I solemnly believed, Genrral Jack.->on\
competcncy lor (he nfTicc was high
ly questionable, that ihey should b? pla
ced in a situation wh?re neiifcefc ii s
fame nor the pub'ic interest would l>e
advanced. G? n. Jackson himself would
be ire last man to re? ? mmend or vote
lor any one lor -? place, for whieh he
thought l.irn u??n*. I fetl n?yvelf ^us
lainr'l by his own r? a ? f i *? in his leuir
to Mr. M '>nroe, m which. speaking o|
our venerable Sieli.y for t lie depig
ment of war, hf rematkedj ?? I am com
p*- lied to say to yon. that the arfi .i ??
inert* of thi*? worthy man :??e not com
petent to ti e discharge of thr -nolti
P'ie'l duties of th's di'partmen : I th ie
fore bope he rn ?y not acc? pt t> c ap
pnin'mer r. I am tcai'ul, il he dors, he
will not add much spl? ndor to his pic
?tnt well ra't.ed standing a p'.blic
rhmacie? " Sorb wjs n.y opinion ? ? f
General Jack?on, in iifrrercc to the
Presidency. H,s convictions of Gover
nor S^li-y's unfi-ness, hy the habits of
his life, for the appointment of ?e( retary
of war, were not more honest nor strnn
ger than mine were of his own want of
experience, and the neressjry civil qnal
itications 'o discha^c the du'i?*snf a pre
sident of the United States. Id his ele
vation to this office, too, I thought, I
perreived the establishment of a fearful
precedent; and I am mistaken in all the
warning* of instructive history, if 1 erred
in my ;ud(?mcnt. Undoubtedly there
are other and many danger* :o public
liberty, I* n^-'es that which proceeds
from military idolatry, but I have yet
to acquire the knowledge of it, if there
be one more perilous or more frequent.
Whether Mr. Adams would or would
not have been iny choice of a president,
if I had been left freely to select
from the whole mass of American citi
zens, was not the question submitted to
my decision. I had no such liberty;
but I was circumscribed in the selection
I had to make to one of the three iren
ilemen, whom t he people themselves
had thought proper to present to the
House of Kepr? srntaiives. Wha'ever
objection* might be supposed to exiit a
guinat him, still greater appeared to me
I to apply *<> h*8 competitor. Of Mr. Ad
k?Qtft, ii is but truth aud justice to say,
?that he ia highly gifted, profoundly
[earned, and long and greatly experien
ced, in public affairs, at home and a
Ibroad. Intimately conversant with the
rise and progressof every negotiation with
foreign powers, pending or concluded;
personally acquainted with the capacity
and attainments of most uf the public
men uf this rounlty, whom it might be
proper to employ in the public service;
extensively possessed oi much of that
*aluah!e kind of information, which is to
be acquired neither from books or tra
dition, but which is the fruit of largely
participating in public affairs; discreet
and sagacious; he would enter on the
duties of the ? ffire with great advanta
ges. I saw in hi* election the establish
men1 ol no dangerous example. I saw
in it, on the contrary, only conformity to
the sale precedent* which had been es
tablished in the instance* of Mr Jeffer
son, Mr. Madiion, and Mr. Monroe,
who had respectively filled the same of
fice from which he was to be translated.
A collatetal consideration of much
weight was derived from the wishes of
the Ohio delegation. A majority of it
during the piogiess of the session, made
up their opinions to support Mr. Ad
ams, and ihey were communicated to
me. Tney said, "Ohio supported the
candidate who was the choice of Ken
tucky. We failed in our common ex
ertions to secure his election. Now, a
mong those returned we have a decided
preference, and ?e think you ought to
ma-se ?ome sacrifice 10 graiiiy us."
Was not much due to our neighbor and
friend?
I considered with the greatest res
pect the resolution of the General As
sembly o: Kentucky, requesting the de
legation to vote lor General Jackson.
That resolution, it is true, placed us in
a peculiar situation. Whilst every other
delegation, from every other state in the
I Union, was left by its legislature entire
| ly free to examine the pretensions all
j the candidate*, and to form its unbiassed
j judgment, the General Assembly ol
K mucky thought proper to interpose
I and request the delegation ?o give its
' vote to one of the candidates, ?hom
| they were pleased to dt-ignate. I lelt
j a sincere desire to compl) with a re
t que?t emanating from a source so r\
. pec .table, i' 1 could have done r. con
1 sistently with thr*? paramount duties |
j which I owe^.oyou and 10 the country, j
.all ?nd anxious consideration,
1 1 (bond It incompatible with my best
judgment of those duties to conform to
the request of the Gci.eral Assembly
The reso ution asserts, that it was the
wish of the people of Kntu'ky, that
their dc legation shouid vote for the ge
neral. It did not inform me by ?ha<
means that body had arrived at a know
ledge of the wish of the pe?plr. I
' new that its members had repaired to
'ankfon before 1 departed from home
l('ometo Washington. I knew their
?Itmion was fixed on important local
cot. rns, well rrritled, hy their magni
t udc r xc lusivt ly to engro?s it. No e
l? ctic no g neral < xpression of iht po
pular t,U|n)ci.t had occurred since that
in Noi^ber, wnen electors ?eie tho
sen, aitt, t ihat, t tie people, by an oven
w lie iin'ilviMajof ii y , and decided against
(>' nt i ul I ? ould not see how
sucn ari tkression against him. could
? e in??rpie|t ,ni0 .^ai nf a disire lor
his election. as is true, the candi
! date whi.nt preterred, were not te
tu' ned to the Wse< j, ,s equally true
thai the ?ia'e 6i \}r contest, as it pre
.sente-i itarlf here t mc> never been
consi.leud, ? i?iufc-,|, and decided hy
the people of Ke>iu,y, j? lh(lr co;lec
?ive Capa. II y. Wfcaw.uld have been
tate of the
under aUen to
of any con
- * a"> "'V' jr opinion, at
which I co?.M .?iM?c, V "y "o m? ans
1 fJ' iH to that c ( rtaii.'y %,j,v ici i ? ? (i of
my dtry t< which 1 wis Out ,C(| hy the
? X( rtion t I n y best and nosi |cliherate
reflect ions. The h tt ? rs [? om ho.,r .whit h
Home of thu delegation rereiv.,t ex
pressed the mo*t opjii site opinio.,, *nd
tinrie wrri not Minting instances'*/ Ict
1 1 1 s fr? m Hnfrc of the very mermen
who ha< voted lor the resolution, ad\i
sing a different course. I rereivrd frr*r,i
? highly rcspt ctahiu ponton of my con
stituents a piper, instructing me *a fol
low*: ?? Wr, i fie undesigned voters in
the Congress* nnal district, having view
ed the instruction or revest of the Le
gislature of Kentucky, on the subject of
choosing a l'r? sident and Vice I'resi
deiit of the United States, with regret,
and the -.aid r? quest of m-.truetionto our /
ivecapa. ny. ?vf?w.ltt|(|
their drr ni.?f, upon\|j m w .
q-iesMon. I mi^ht V uf,(J
r onjecture, li-it the
Cllisu.h <.f i :j ? i, at
n-pf csentativc in Congress from this 1
('ivrici, hfirg without our !;n'>wlej?e or j
fonsco?; for many M asons known tut
ourselves, coi?neri? d with s<> nv??nrtA^^|
?ii occasion^ hereby inttrurt our |
sentativc in ('"ncress to vote J
o^c tsion agreeable to his own j^'
and by '.ho best lighu h? ?!???
the subject, wii h, ?>r wiib
of the legislature of Kenti<v.j
instruction < ame both unex
unso|i? itcrl by me, and it
nied by letters assutin
expressed the opinion of
my constituent. I could i.
regard the resolution as Cy
drnre ol your withes.
Viewedjas a merr req.
ported to be, the (?eoe
dout!ltM list! ihc power to wake it
Bui then, with great deference, 1 fhir.it
it wa? worthy of serious consideration,
whether the dignity of the General A*,
sembly ought not >o have induced it to
forbear addressing itself, not to an
other legislative body, but to a small
part of i*., and requesting the member*
who composed that pait, in a cane
which the constitution had confided t0
? hem, to vote according to the wishes
of the General Assembly, ? herher ih<,*t
wishes did or did not conform to tl>r?r
sense of duty. I coul4 not regard
| the resolution as an instruction; fort
from the origin of our state, its legU|a'.
ture has never assumed nor exercised
the right to instruct the representatives
in Congress. I did not rtcogime ih?
the right, therelore, of the legislate
to instruct ine. Recognised that ri^ht
only when exerted by you. That the
portion of the public servants who made
I up the General Assembly have no r ieh(
1 to instruct ihat portion of them who
? constituted the Kentucky delegation m
| the House ol Representatives, i!ft prop.
J osition too clear to be urn^d. The mem
j bers ol the General Assembly would
l have hcen the first to behold as a pre.
I sumptuous interposition, any instrue
I tion, if the Kentucky delegation could
have committed the absurdity to istue,
from this place, any instruction to thrm
to vote in a par'i? ular manner on any of
the interesting subjects which lately en
gaged their attention at Frankfort. And
although nothing is further from my in
tention, than to impute either absurdity
or presumption to the General A>sem
bly, in the adoption ol the resolution
referred to, I must say that the dif
ference between an - instruction eme
nating from them to the delegation, and
j ir?im ii3 oeieganon 10 them, is not in
principle, hut is to be found only in the
cegree of superior importance winch
belongs to th<. General Aitcmnly.
Entertaining these views of the elec
tion on which it was made my duty to
vote, I fell myself bound, in the exi ri^e
of my best judgment, to prefer Mr. Ad
? ams; and I accordingly voted for him.
1 should have Decn highly gratified it it
. had noi been my du'y to vote on tne oc
' casi?>n, bui that was ??. ?- .*
an ' I iid not Qj "*^u to shunk front any
] rcspoo*** ***j rthich appertained to your
J %,icscnta'ivc. Shortly a'tcr tt.f elec
tion it wa> rumoured that Mi K ? mer
was preparing a publicum n, ihe
preparations for it which were mjk^ng
excited much rxpecation. According
ly, on the 26ih of Febtuarv, the adores'.,
under his name, tc the " Elector* of the
9ih Congiessioiiitl District of the State
of Pennsylvania," made its appearance
in the Washington C:?y Gazette. No
member of the Iluust , I pciauat'efl,
believed that Mr. Kremer wrote one
paragraph of that address, or of the
plea, which was presented to the com
mif.ee, to the jurisdiction of the Hoose.
Th-?se w ho counselled him, and compo
se;! both [tapers, and then purposes,
were just as wi II known as the author
of any report from the committee to the
ll'iute. The first observation wnich
is call, d (or by the address is the place
of its publication. That place was in
f is City, remote from the rrutre of
Pennsylvania, near which Mr Krcmer's
district is situated, and in a | aprr hav
ing but a very limited, il any circulation
in it. The time is also remarkable. |
The fact that the President intended to
non>in*ie me to ti c Sir.ate for the of- I
fice which I now hold, in thr course of J
a lew day*, w s then well known; a^ k
the publication of the address was,\ |
doubt, made less with an intention^
communicate information to the ele
tors ol the 9th Congressional disttirt t
Pennsylvania, than affect the dei ision c
the senate on the intented nomination
Of ihe character and contents of that
ad-l^ess of Messrs. George Kreimi k
Co. made up, as it i* ol assertion with
out proof, ?>! inferences without premis
es, and of cartlrs*, jocose, and (|i,iazir ?
conversations of ?-ome of my friend*, to
which I was no party, ami of whir. I
have never heard, it is not my intention
to say much. It carried its own refnt
ft r
tion, and the parties concerned sn*