Jefferson had won his election, and there should have been no question about according it to him. Under the electoral system of that day, by which each elector voted for two candidates for President, Jefferson and Burr each received 73 votes for the Presidency, and upon the face of the returns were equally entitled to claim the highest honor of the Republic. True, Burr had not been discussed or seriously thought of as a candidate for President. He was accepted by the Republicans distinctly as the candidate for Vice-President, and the whole battle was fought out on the issue between Jefferson and Adams. Had Burr been honest and manly, he would have ended the struggle at once by declaring that the people had elected Jefferson to the Presidency, and that Burr could not consent to be presented to the country and the world as seeking to wear the stolen honors of the Government; but Burr developed his true character as soon as he discovered that his vote was equal to that given to Jefferson. While he did not make any open or visible effort to elect himself over Jefferson, he silently assented to the use of his name, and thus made the Presidency hang in uncertainty from the time of the election in November until the 17th of February, when the contest was finally decided in favor of Jefferson, and Burr stamped with infamy. That he wished to be elected over Jefferson cannot be reasonably doubted. If he had not permitted the use of his name without protest as a candidate against Jefferson, there would have been no discussion and no uncertainty, as the House would have chosen Jefferson on the 1st ballot. Jefferson could have accomplished his own election without a serious contest if he had accepted the proposition of the Federalists to give him the election, to which he was entitled by the vote of the people, if he would agree not to remove the Federalists who then filled all the offices of the Government. Under Washington and Adams, the Republicans were practically proscribed in national appointments, and Adams had been specially proscriptive in dispensing the patronage of his administration. One of the most discreditable acts of his administration was the creation, by his Federal Congress in the expiring hours of Federal rule, of a number of judges, to whom commissions were issued by Adams at midnight before his retirement from office. They were known in political discussions of that day as the “midnight judges,” and the measure was so odious that it speedily destroyed itself. Jefferson, while not specially proscriptive in political appointments, regarded it as inconsistent with his appreciation of executive duties to give any pledge to the opposition to retain their friends in office. They naturally assumed that Jefferson would be as proscriptive as Adams had been, and that their only safety was in making terms with Jefferson, whose election they could accomplish without difficulty.