[1241] The original manuscripts of these speeches, in Marshall's handwriting, are in the Adams MSS. They are notable only as an evidence of Adams's confidence in Marshall at this, the most irritating period of his life.
[1242] Beard: Econ. O. J. D., chap. xiii.
[1243] When it was certain that Adams had been defeated, "Solon," in the Washington Federalist of Jan. 9, 1801, thus eulogized him:—
"The die is cast!... Our beloved Adams will now close his bright career.... Immortal sage! May thy counsels continue to be our saving Angel! Retire and receive ... the ... blessings of all good men....
"Sons of faction [party]! demagogues and high priests of anarchy, now have you cause to triumph. Despots and tyrants! now may you safely pronounce 'ingratitude is the common vice of all republics. Envy and neglect are the only reward of superior merit. Calumny, persecution and banishment are the laurels of the hoary patriot.'...
"... We have to contend ... for national existence. Magistrates and rulers, be firm.... Our constitution is our last fortress. Let us entrench it against every innovation. When this falls, our country is lost forever."
This editorial, as well as all political matter appearing in the Washington Federalist during 1800-01, is important because of Marshall's reputed influence over that paper. (See infra, 541.)
At news of Jefferson's success the leading Federalist journal declared that some Republicans in Philadelphia "huzzaed until they were seized with lockjaw ... and three hundred are now drunk beyond hope of recovery. Gin and whiskey are said to have risen in price 50 per cent since nine o'clock this morning. The bells have been ringing, guns firing, dogs barking, cats meuling, children crying, and jacobins getting drunk, ever since the news of Mr. Jefferson's election arrived in this city." (Gazette of the United States, Feb. 19, 1801.)
[1244] At that time, the presidential electors did not vote for a Vice-President, but only for President. The person receiving the largest number of electoral votes became President and the one for whom the second largest number of votes were cast became Vice-President. When Jefferson and Burr each had seventy-three votes for President, the election was thrown into the House of Representatives.
Thus, although, in casting their ballots for electors, the people really voted for Jefferson for President and for Burr for Vice-President, the equal number of votes received by each created a situation where it was possible to defeat the will of the people. Indeed, as appears in the text, that result was almost accomplished. It was this constitutional defect that led to the Twelfth Amendment which places the election of President and Vice-President on its present basis. (See "The Fifth Wheel in our Government"; Beveridge: Century Magazine, December, 1909.)