153 



CONGRESS, UNITED STATES. 



Rtuhit That in the judgment of this House the 

 eUht votes reported by Ue tellers a* cast by electors 

 ioand for the Slate of Mississippi ought to be counted 

 as reported by them. 



60 the resolution of Mr. I lawes was adopted. 



: "The Clerk will read the 



objection made in the joint convention by Mr. 



Potter, a Representative from the State of 



New York." 



The Clerk read as follows: 



Mr. Potter objects 1 to the counting of one vote of 

 the State of Mississippi, bccaiue the certificate de- 

 claring that J. J. Spi'lliuan was appointed an elector 

 in the stead of A. T. Morgan, absent, by the elec- 

 toral college of that State, in accordance with the 

 lavs of that State, is not signed by the Governor of 

 the State ; and, further, that the certificate of the 

 Secretary of State read doea not certify any thing 

 of bis own knowledge, but only states he has been 

 so notified as he certifies. 



Mr. Banks: " I offer a resolution upon that 

 poi.; 



The Speaker: "The Chair will be com- 

 pelled to recognize the gentleman (Mr. Pot- 

 ter* who raised the point in the joint conven- 

 tion." 



Mr. Eldredge: "I raise a point of order. 

 My point is that the House has just passed a 

 resolution that the eight votes of Mississippi 

 are to be counted, and that this proposition is 

 incompatible with the resolution just adopted." 



The Speaker: "That is not a point of 

 onler. It is a matter for the House, not the 

 I 'hair, to decide." 



Mr. I'ntur submitted the following resolu- 

 !;...: : 



d, That, aa one of the eight votes certified 

 by the electoral college of the State of Mississippi 

 u eaat for Ulyaaea 8. Grant, as President, appears 

 not to hare been cast by A. T. Morgan, who appears 

 by the certificate of the Executive of that State to 

 have been an elector of that State, but by James J. 

 Spdhnaa, and then being no certificate from the 

 executive authority of that State certifying the ap- 

 pointment of aaid James J. Spellman aa an elector 

 ( -ui-h State, one of the electoral votea be rejected, 

 nd aeven electoral votea only be counted for that 

 State. 



Mr. Banks : " I offer the following resolution 

 as substitute for (lie. resolution just read : " 

 , That the elector* of the State of Missis- 



sippi, hiving bean appointed in the manner directed 

 by the Legislature of that State, were legally elected, 

 and the vote of the State aa caat by them should be 

 ; and that the certificate of the Governor of 



that State of the electoral vote eaat, and the eertifl- 

 oate of the Secretary of State of that State in regard 

 to the choice of olecton, ia in compliance with the 

 Constitution and laws of the United States. 



i :ir-: recurred on the substitute 

 of Mr. Banks for the resolution of Mr. Pott.-r. 



Tin- House divided ; and there wore yeas 

 100, nay* 



So the substitute was agreed to. 



Tbe resolution an amended was then adopted. 



At three o'clock and thirty-five minutes P. 

 *. the Sonatc in a hody reentered the Hall. 



The \ l.-nt (having resumed (lie 



chair chair wiU read a part of the 



twenty-second role: " 



And no question shall be decided affirm:,' 

 uiMii"i<>:< uuted, cxcciit by 



the concurrent votes of the two Houses; which be- 

 ing obtained, the two Houses shall iimn 

 assemble, and the Presiding Officer shall then an- 

 nounce the decision of the question bubuiitted. 



Upon the first point raised l>y the Itepri 

 ntive from Massachusetts (Mr. Hoar) the - 

 ate decided as follows : 



Rttohtd, That the electoral votes of Georgia, cast 

 for Horace Greeley, be counted. 



The House of Representatives decided aa 

 follows: 



Jtaoltai, That the votea reported by the tellers as 

 having been cast by the electors of the State <>! 

 gia for Horace Grccley, of New York, u- 

 of the United States ought not to be < 

 said Horace Greeley having died before said 

 were cast. 



Upon this question there is a non-concnr- 

 reiioe nl' the two Houses. 



On the question submitted by the Senator 

 from Illinois (Mr. Trurnbull) in regard to tho 

 votes of the State of Mississippi, the Senate 

 adopted the following resolution : 



J&tolcal, That the electoral vote of the State of 

 Mississippi be counted. 



And the House of Representatives adopted 

 the following resolution : 



Rooked, That in the judgment of this House the. 

 eight votes reported by the tellers as cast by the 



r;. in and for the State of Mittissii-pi ought to 

 be counted as reported by them. 



On this question the votes of the two Houses 

 are concurrent. 



On tho third point raised by the Represent- 

 ative from New York (Mr. I'ottcrt, wliieh 

 was in regard to the election of one elector 

 from Mississippi, tho Senate adopted the fol- 

 lowing resolution, which is covered also by 

 its action on the full vote of the State : 



Rttolced, That the vote cast by James J. Spelln.an, 

 one of the electors for the State of Mississippi, bo 

 counted. 



The House of Representatives adopted the 

 following resolution: 



Retained, That the electors of the State of Missis- 

 sippi having been appointed in the manner d'n 

 by thcLopi-lnturi- of the State anil in accordance, 

 with the provisions of the Constitution of the l'mtl 

 States, were lepallv elected, anil that the vote of the 

 State aa cast by than hliuU be counted, and that 

 venior of that State of the 

 i-l.-ctoral vote cast, and the certificate of the S 

 tary of State of that State in regard to the choice of 

 electors, is in compliance with the Constitution and 

 laws of the United States. 



Therefore, by the twenty-second joint rule', 

 there being a non-concurrence between tho 

 two Houses upon the three votes cast in the 

 State of Georgia, lor Horace Greeley for Presi- 

 dent of the United States, they cannot be 

 counted. And, in accordance with the same 

 joint rule, the votes of the State of Mississippi 

 will be counted. 



Senator Trnmbull : "I object to tho p 

 tion of the vote of Texas, because there is no 

 certificate, of the executive authorities of that 



