Showing posts with label Electoral College. Show all posts
Showing posts with label Electoral College. Show all posts

Friday, February 14, 2025

Flashback, February 1825: Adams Victory in Disputed Presidential Race Launches ‘Corrupt Bargain’ Charge

With none of the three major candidates winning a majority of votes in the Electoral College, the 1824 Presidential election was thrown into the House of Representatives, which awarded the office to John Quincy Adams in February 1825.

I wrote 15 years ago about Adams’ first year in the White House, while surveying his prior distinguished diplomatic career and consequential post-Presidency. But the month in which he fulfilled his ambition for the nation’s highest office was so astonishing—and such an anticipation of how current thinly sourced smear campaigns can poison the electorate—that it deserves exploration in depth.

With the popular James Monroe declining to run for a third term, the stage was set for an electoral free-for-all in 1824, featuring four candidates:

*Secretary of State Adams, the son of another President, John Adams, drew strength from the Northeast, especially New England.

*Andrew Jackson, hero of the Battle of New Orleans, looked to a base mostly confined to the West and South, with residual support in the Northeast.

*Treasury Secretary William Crawford, though the favorite of the Democratic-Republican Party establishment, had suffered a debilitating stroke before the election. Though unable to campaign, he retained support in the Deep South.

*Speaker of the House Henry Clay, who earned the least votes in the Electoral College, ended up exerting the greatest influence on the vote.

The election of 1824 was the first that used the procedures outlined in the Twelfth Amendment to the Constitution, which called for the House of Representatives to pick among the top three candidates in the Electoral College.

Those three turned out to be Adams, Jackson, and Crawford. Although Jackson led the Electoral College count (and, most historians contend, what would have been the popular vote), he did not have a majority. Crawford’s medical condition effectively made it a two-man race between Adams and Jackson.

Four years before, it took the Missouri Compromise to avert a civil war over slavery. Many of the sectional differences barely muzzled in that agreement were coming to the fore again.

A sense of déjà vu must have particularly gripped Adams: as in the election of 1800 (lost by his father), it would take a New York Federalist to secure the outcome.

But, while Federalist leader Alexander Hamilton had persuaded his side to vote for Thomas Jefferson rather than Aaron Burr in that earlier election on the 36th House ballot, it took only one ballot—cast by 60-year-old aristocrat Stephen Van Rensselaer III—to settle matters in 1825.

Legend holds that, while agonizing on the House floor over whom to support, Rensselaer noticed a ballot placed in front of him reading, ADAMS. Believing this to be divinely inspired, the congressman voted accordingly.

If only matters had remained that simple…

In an early attempt at creating a unifying “team of rivals” strategy that Abraham Lincoln later used, Adams asked Crawford to remain as treasury secretary and Jackson to take over the War Department. Both declined.

The selection of the third rival, Clay, sparked enormous controversy. The President-elect knew him as a fellow diplomat in the Treaty of Ghent negotiations that ended the War of 1812, and though he didn’t particularly trust the Kentuckian or care for his drinking and gambling, he knew he was able and shared common domestic policy goals.

Adams asked Clay to become Secretary of State after his House of Representatives victory, not before (contrary to what some Websites and podcasts claim to this day).

But, because Clay had swung the vote of his state’s delegation to Adams, and the State Department had served as a steppingstone to the Presidency for all occupants of the office in the prior 25 years, an anonymous letter soon appeared in Philadelphia’s Columbian Observer charging that the two men had engaged in a “corrupt bargain.”

Eventually, the “anonymous” Congressman emerged from the shadows to admit being the source of the allegation: George Kremer of Pennsylvania.

William Russ, Jr.’s article about the incident in the October 1940 issue of the academic journal Pennsylvania History noted not only that Kremer had “sunk into oblivion, even locally,” but that before and after his moment in the spotlight he was “obscure.” That difficulty in remembering him has only increased with time.

In 1825, Kremer, then completing his first term as a congressman, was hardly a disinterested observer, and certainly not a distinguished one. Successive stints as a storekeeper, lawyer, and two-year state legislator had done nothing to disabuse perceptions that he was a backbench time-server, a reputation not helped by his propensity for wearing a leopard-skin coat on the floor of the House. 

The topic that preoccupied Kremer in Congress–eliminating waste and abuse in government—frequently seemed like a pretext to contest initiatives that involved funding internal improvements—the policies that Clay and Adams supported and that Jackson opposed. Kremer, in fact, often anticipated many of the same arguments that MAGA supporters use today against government expenditures.

Challenged by Clay to testify and offer evidence before a congressional committee that would investigate the corruption allegations, however, Kremer backed down, saying at first, bizarrely, that he hadn’t intended to "to charge Mr. Clay with corruption," then refusing to testify on constitutional grounds, before finally crowing, after his three terms in Congress, how proud he was for his part in spreading the news about the scandal.

To be sure, backers of all four major candidates maneuvered furiously for advantage behind the scenes. But no documentary evidence has ever been produced substantiating the claims about Clay and Adams.

Moreover, despite friction between the two men in the past, even a shouting match, there could be little doubt that the House Speaker preferred Adams to Jackson—or, to put it another way, that Clay regarded Jackson as unsuited for the Presidency by virtue of his military background, hair-trigger temper, and distrust of banks.

None of that mattered to Jackson. He could have remembered that Adams, unlike Presidential aspirants like Crawford and Secretary of War John C. Calhoun, had come to his defense in the Monroe Administration over his overly aggressive responses to Native American raids from Florida into Georgia.

But it was easier for him to think he’d lost because of the “corrupt bargain” than because of his incompatibility with Clay. So he not only nursed a grudge against the two men, but encouraged his supporters to regard the new administration as illegitimate—not unlike how Donald Trump convinced his followers that, all evidence to the contrary, the election of 2020 had been stolen from him at the polls.

Like his father, Adams erred in believing that he could govern above the fray, without benefit of political adherents. Jackson would not make the same mistake. (The “spoils system” is one Jacksonian legacy that Trump seems especially eager to copy in his return to the White House.)

When Adams left office four years later, defeated by the man he’d beaten previously, Jackson, he was one of the unhappiest men ever to occupy the White House.

Like his father, John Quincy Adams was so peeved by what transpired in his single term in office that he didn’t stick around for the inauguration of his successor.

Historians still regard Adams as the greatest Secretary of State in our history, and, like Jimmy Carter, he earned great respect for his post-Presidential career (see my prior blog post about his fight against the Jacksonian “gag rule” meant to squelch any opposition to slavery in Congress).

But his term in the White House was virtually unrelieved misery for him and his family, because of the stark mismatch between his lofty policy goals and miniscule political instincts. 

Sunday, February 5, 2017

Flashback, February 1887: The Electoral Count Act—Suddenly Relevant Again



It took a decade, but Congress finally tried to prevent a repetition of the chaotic Presidential election of 1876 by passing the Electoral Count Act, which provided for rules and procedures for dealing with future objections and disputes. The relative success of the legislation, passed in early February 1887, can be seen in the deadly dull formal electoral counts that occurred over the following century.  The media barely took notice of the rituals mandated by the legislation.

Then, twice in the last 16 years, the intent and content of this legislation became relevant again due to the same type of atmosphere that prevailed in 1876: a perilously partisan divide that left all the old political norms in shards.

In the 2000 election, with the all-important Electoral College outcome famously hanging on “hanging chads” in Florida, the dissenting opinion of Associate Supreme Court Justice Stephen Breyer in Bush v. Gore reviewed the legislative history of the Electoral Count Act to support his contention that it was Congress, rather than the court, which should resolve disputed federal elections. In the past Presidential election, in which another Democrat (Hillary Clinton) won the popular vote but not the Electoral College, the losing side mounted a last-ditch, hope-against-hope effort to persuade little-known electors to ignore their pledge to vote Republican, making the dull procedures heavily watched and even contested for a change.

Problems with voting were apparent all the way to the early days of the republic. Despite vast changes in the composition of the voters, one common belief can be found in the elections of 1800, 1876, 2000 and 2016: that the very legitimacy of the count—and, thus, any government that would form—was at stake. In the first three elections, subsequent legislation took care of some, but by no means all, of the problems:

*Election of 1800: Thomas Jefferson and Aaron Burr, though ostensibly running mates for the Democratic-Republican Party, had ended up with the identical number of electoral votes: 73. The election was thrown into the Federalist-dominated House of Representatives, which, heavily influenced by Alexander Hamilton, gave Jefferson the victory. The Twelfth Amendment solved the easiest problem: holding separate Electoral College votes for President and Vice-President. But it left a source of confusion: While directing the President of the Senate to open Electoral College certificates in the presence of both houses of Congress, it did not spell out if the presiding officer should determine which returns to tally, or what should happen if either the House of Representatives or Senate contested the results.

*Election of 1876: When the votes were counted that November, the Democratic Presidential nominee, Samuel J. Tilden, was only one electoral vote from returning his power to control of the executive branch for the first time in 16 years. But supporters of his GOP opponent, Rutherford B. Hayes, quickly figured out that if their candidate could manage not to lose another Northern state, then run the table by winning the three remaining disputed states—Florida, South Carolina, and Louisiana—he would win. Allegations of fraud and disenfranchisement raged on each side. A divided Congress appointed an electoral commission composed of five Senators, five Representatives, and five Supreme Court Justices. Theoretically it was equally divided between Republicans and Democrats, with Chief Justice David Davis, an Independent, casting the tie-breaking vote. But when the Illinois legislature named Davis to the Senate, his replacement, Associate Supreme Court Justice Joseph P. Bradley, ended up siding with the Republicans. Charges of fraud then descended on him. (Hayes was inaugurated in March 1877 with virtually no time to spare.)

With control of Congress seesawing between the two parties over the next decade, a consensus for changing the electoral procedures was slow in coming. When it finally came, in late 1886, Andrew Caldwell (D-Tenn.), chair of the Select Committee on the Election of President and Vice-President, pointed out in the committee’s report both where ultimate authority for approving the vote lay and the stakes involved for the government:

"The power to judge of the legality of the votes is a necessary consequent of the power to count. The existence of this power is of absolute necessity to the preservation of the Government. The interests of all the States in their relations to each other in the Federal Union demand that the ultimate tribunal to decide upon the election of President should be a constituent body, in which the States in their federal relationships and the people in their sovereign capacity should be represented."

The procedure used to ensure that went like this: By the “safe harbor” provision of the legislation, each state must determine, or ascertain, its electors and electoral results six days before the Electoral College meets in person. In this past election, electors met on Dec. 19 at each state capital to cast their votes. On January 6, the newly elected Congress to ascertain the final vote.

The report of Caldwell’s committee explained the rationale for all of this: "The two Houses are, by the Constitution, authorized to make the count of electoral votes. They can only count legal votes, and in doing so must determine, from the best evidence to be had, what are legal votes .... The power to determine rests with the two Houses, and there is no other constitutional tribunal."

*Election of 2000: Just as the electoral commission meant to decide the 1876 election had ruled in favor of the Republican candidate by a single vote, so did the Supreme Court in Bush v. Gore. One would think that the bitterness surrounding the event would lead to significant bipartisan legislation, but that is not what happened. One obvious solution, suggested by Founding Father James Wilson back in 1787—simply accept the results of the popular vote rather than the Electoral College—was rejected.  An attempt to replace the punchcard voting systems with electronic voting machines came through the Help America Vote Act, passed in 2002. Unfortunately, few at the time appreciated the new systems’ vulnerability to outside electronic interference. An additional problem came through a prerogative the states continued to claim for themselves: determining procedures associated with elections. In a time of hyperpartisanship, the results were sadly predictable, according to a 2006 article by Valentina A. Bali and Brian D. Silver in State Politics and Policy Quarterly:

“States with a divided government or high party competition tended not to adopt several key electoral reforms, while partisanship and the interaction of partisanship and minority representation influenced the adoption of others. Fiscal constraints and institutional arrangements had less impact on reform adoption.”

*Election of 2016: It may take years, if ever, before the full truth comes out about outside interference in the latest Presidential contest. But one fact went largely unnoticed: there were nearly 900 fewer places to vote this time because the Supreme Court significantly weakened the Voting Rights Act of 1965 in its Shelby County v. Holder decision in 2013, according to an article by Ari Berman in The Nation.

Saturday, November 3, 2012

Quote of the Day (John Heilemann, on the Chance of a ‘Nerve-Jangling’ Election)



“[N]ext Tuesday night is likely gonna be the emotional equivalent of riding the Cyclone at Coney Island: a nerve-jangling, empty-out-the-liquor-cabinet-and-stash-box sort of affair.”—John Heilemann, “The Zombie Election: Four Ways the Campaign May Be Undead on November 7,” New York Magazine, November 5, 2012

Heilemann spells out four nightmare scenarios this Tuesday:
  
                    1) The Romney Squeaker Scenario, in which the GOP candidate takes the Electoral College vote with    a   razor-thin 271-276 total, raising all kinds of suspicions among the left (already going on, even) about voter-suppression schemes in close states; 

2) The Reverse Gore Scenario (i.e., this time the Republican wins the popular vote and the Democrat, the Electoral College); 

3) The Recount (or Recounts) Scenario, in which the lawyered-up campaigns take each other to court—at just the time when the federal government will be facing “the fiscal cliff,” expiration of the Bush tax cuts, and another squabble over the debt ceiling; and 

4) The Tie-Goes-to-the-Romney Scenario, in which, astonishingly, the Electoral College vote ends up tied, throwing the election into the House of Representatives, where state delegations are given a single vote—and Romney wins. 

Heilemann doesn’t mention what might be the most insane scenario of them all, voiced by NBC’s Chuck Todd: that failure to win an Electoral College vote throws the election into the hands of Congress, where the Republican-controlled House of Representatives elects Romney President, but the Democratic-controlled Senate re-elects Joe Biden V-P, thereby giving full employment for stand-up comics in the next four years in the form of a gaffe-prone President and Vice-President, from opposing parties. (I'm not sure this is what people had in mind by "bipartisanship"!)

On Facebook over the last several days, I’ve seen more than a few posts of liquor bottles used by friends unnerved by, or celebrating the end of, Hurricane Sandy. We all might need this multiplied if any of the above comes to pass.

(The political caricature accompanying this post comes from DonkeyHotey.)