An Era of (Not So) Good Feelings
The year was 1818, a period misleadingly known as the 'Era of Good Feelings.' With the Federalist Party all but extinct, President James Monroe’s Democratic-Republican Party dominated the political landscape. But a lack of party competition didn't mean a lack of conflict. Instead, political battles became intensely personal, fought between factions within the same party. In Vermont, this dynamic played out in the election for its six seats in the U.S. House of Representatives. Unlike today's district-based system, Vermont held an 'at-large' election, where all candidates ran statewide and the top six vote-getters won. This setup, combined with fierce intra-party rivalries, created the perfect storm for a contested result.
A Complicated Contest for Congress
On September 1, 1818,
Vermonters went to the polls to choose their congressional delegation from a crowded field of at least a dozen candidates, all running under the Democratic-Republican banner. When the state legislature met in October to certify the votes, the first five seats were straightforward. The sixth and final spot, however, was a different story. The legislature declared incumbent Orsamus C. Merrill the winner, granting him a seat in the 16th Congress. But another candidate, Rollin C. Mallary, believed the official tally was wrong. He immediately began preparing a challenge, arguing that the legislature had made a critical error in how it counted—or rather, didn't count—the votes.
The Fight Over Technicalities
Mallary’s argument centered on several towns where ballots had been thrown out for what would seem today like trivial reasons. The most significant issue was that some towns had used pre-printed ballots, a violation of a state law that required all votes to be handwritten. Mallary contended that dismissing the clear intent of voters over such a technicality was unjust. He compiled evidence showing that if the votes from the disqualified towns were included, the results would flip. By his calculation, he would have 7,094 votes. Another candidate, William Griswold, would have 7,067. Both totals were comfortably ahead of Merrill’s adjusted count of 7,038. The dispute was no longer about who won more votes, but which votes should count at all.
From Montpelier to Washington
Despite Mallary's protests, Merrill was provisionally seated when the 16th Congress convened in March 1819. Undeterred, Mallary took his fight to the floor of the U.S. House of Representatives, formally contesting the election. His argument was a powerful appeal to democratic principles: the will of the people should not be subverted by minor procedural errors. Merrill’s defense was equally firm, arguing that the House had a duty to respect the letter of Vermont’s state election laws, which had been upheld by its legislature. For months, Congress weighed the two positions: should it honor a state's strict electoral rules or intervene to correct a perceived injustice?
A Winner is Finally Decided
In January 1820, nearly sixteen months after the election, the House Committee of Elections sided with Mallary. The full House then voted to officially unseat Merrill and award the sixth congressional seat to his rival. After a long and bitter fight, Rollin C. Mallary finally took the oath of office he believed was rightfully his from the start. Back in Vermont, the decision landed with a surprising quietness. Local newspapers noted the change with little fanfare, and there was no major political backlash. Merrill, for his part, went on to serve in various other state offices, but never returned to Congress despite several attempts. Mallary, launched into national politics by the dispute, went on to have an influential career in the House.
