The Constitution mandated that each state’s delegation in the House vote as a single bloc to decide the election. This put a great deal of power in the hands of one man: Delaware Federalist James A. Bayard, who was the lone representative of his state in 1800. If Bayard changed his vote, his state changed its vote.
In the first ballot—and the 34 that followed over the next five days—Bayard cast Delaware’s vote for Burr, giving him six states to Jefferson’s eight. The delegations from Vermont and Maryland were split evenly, so they didn’t vote.
With no clear winner emerging, the nation hovered on the brink of chaos. Republican newspapers fanned the flames by suggesting possible military intervention and groups of unofficial Republican and Federalist militia began to drill in preparation for a potential civil war.
Meanwhile, Bayard (possibly due to the influence of Hamilton, who had written to him on January 16 arguing that Burr was a “man of extreme & irregular ambition”) was reconsidering his position. According to historian Ron Chernow, Bayard suggested in a caucus that he might vote for Jefferson to prevent a constitutional crisis. After other Federalists shouted him down with cries of “Deserter!”
Bayard met with two of Jefferson’s friends, John Nicholas of Virginia and Samuel Smith of Maryland. He sought to confirm that as president, Jefferson would leave certain Federalist policies, including Hamilton’s financial system, and officeholders in place.
After getting tacit assurance that Jefferson was in agreement with these terms, Bayard submitted a blank ballot during the 36th round of voting, on February 17, 1801. Federalists also stepped aside in Vermont and Maryland, allowing those state delegations to vote for Jefferson and sealing his victory, just two weeks before Inauguration Day.
Lasting Impact of the Election of 1800