133 



CONGRESS, UNITED STATES. 



of Michigan, called the Senate to order. In 

 the House Michael C. Kerr was elected Speaker, 

 receiving 178 votes, and James G. Elaine 106, 

 with three scattering votes. (For the Presi- 

 dent's Message, see PUBLIC DOCUMENTS in AN- 

 NUAL CYCLOPEDIA, 1875, or vol. xv.) 



In the Senate, on December 8, 1875, Mr. 

 Morton, of Indiana, proposed the following 

 amendment to the Constitution of the United 

 States, which was read twice, and referred to 

 the Committee on Privileges and Elections: 



I. The President and Vice-President shall be 

 elected by the direct vote of the people in the man- 

 ner following: Each State shall be divided into dis- 

 tricts, equal in number to the number of Represent- 

 utives to which the State may be entitled in the 

 Congress, to be composed of contiguous territory, 

 and to be as nearly equal in population as may be ; 

 and the person having the highest number of votes 

 in each district for President shall receive the vote of 

 that district, which shall count one presidential vote. 



II. The person having the highest number of votes 

 for President in a State shall receive two presidential 

 votes from the State at large. 



III. The person having the highest number of 

 presidential votes in the United States shall be Pres- 

 ident. 



IV. If two persons have the same number of votes 

 in any State, it being the highest number, they shall 

 receive each one presidential vote from the State at 

 large ; and if more than two persons shall have each 

 the same number of votes in any State, it being the 

 highest number, no presidential vote shall be count- 

 ed from the State at large. If more persons than 

 one shall have the same number of votes, it being 

 the highest number in any district, no presidential 

 vote shall be counted from that district. 



V. The foregoing provisions shall apply to the 

 election of Vice-President. 



VI. The Congress shall have power to provide for 

 holding and conducting the elections of President 

 and V ice-President, and to establish tribunals for 

 the decision of such elections as may be contested. 



VII. The States shall be divided into districts by 

 the Legislatures thereof, but the Congress may at 

 any time by law make or alter the same. 



In the Senate, on January 31, Mr. Wright, 

 of Iowa, introduced the following joint reso- 

 lution to amend the Constitution of the Unit- 

 ed States, which was referred to the Commit- 

 tee on Privileges and Elections : 



After the year eighteen hundred and seventy-six 

 the President and Vice-President of the United 

 States shall be elected by a direct vote of the people 

 of the several States, and the electors in each State 

 shall have the same qualifications as the electors of 

 the most numerous branch of the State Legislature. 



The person receiving the greatest number of 

 votes for President shall be the President, and the 

 person receiving the greatest number of votes for 

 Vice-President shall be the Vice-President ; but if 

 two or more persons shall each receive an equal and 

 the greatest number of votes for President, then the 

 House of Eepresentatives shall, from such persons, 

 immediately choose the President ; and if two or 

 more persons shall each receive an equal and the 

 greatest number of votes for Vice-President, then 

 the Senate shall, from such persons, immediately 

 choose the Vice-Prpsident. In such elections, each 

 House shall vote viva voce, and each member shall 

 have one vote ; and the person receiving a majority 

 of the votes cast shall be elected ; and, in ca*e of a 

 tie, the presiding officer shall determine it. 

 "The election for President and Vice-President 

 shall be held at the time now provided by law for 



choosing the electors of such officers, but Congress 

 may prescribe a different time, which shall be the 

 same in all the States ; and Congress shall prescribe 

 the manner of holding and conducting such elec- 

 tion, and making the returns thereof; and, in wisse 

 of failure so to do, that duty shall devolve, in the 

 order named, first, on the President of the United 

 States ; second, on the Legislature of each State 

 within that State ; and, third, upon the chief Exec- 

 utive of each State within that State. 



The returns shall be canvassed at the time and in 

 the manner now provided, or which may be hereaf- 

 ter provided, by ths joint rules of the two Houses, 

 or by law, by and in the presence of both Houses of 

 Congress, who shall be the judges (each House vot- 

 ing separately) of the returns and election ; but in 

 case the two Houses shall not agree, then the matter 

 of disagreement shall be referred to the Supreme 

 Court of the United States, which shall forthwith 

 decide the same, and such decision shall be final. 



On the same day Mr. Wright also introduced 

 the following joint resolution to amend the 

 Constitution : 



The Senate of the United States shall be com- 

 posed of two members from each State, who shall 

 hereafter be elected by a direct vote of the people 

 thereof for six years ; and the electors in each State 

 shall have the same qualifications as the electors of 

 the most numerous branch of the State Legislature ; 

 but Congress may, by law, provide for conducting 

 and holding the election and canvassing the vote. 



In the Senate, on March 22d, Mr. Edmunds, 

 of Vermont, introduced the following joint 

 resolution to amend the Constitution of the 

 United States. It was referred to the Com- 

 mittee on the Judiciary : 



ARTICLE XII. That the twelfth article of the 

 amendments of the Constitution be, and the sj.me is 

 hereby, abrogated, and in the place thereof the fol- 

 lowing be, and the same is hereby, ordained and es- 

 tablished, namely: 



The electors shall meet in their respective States, 

 and vote by ballot for President and Vice-Presi- 

 dent, one of whom at least shall not be an inhabi- 

 tant of the same State with themselves; they shall 

 name in their ballots the person voted for as Presi- 

 dent, and in distinct ballots the person voted for as 

 Vice-President, and they shall make distinct lists of 

 all persons voted for as President, and for all per- 

 sons voted for as Vice-President, and of the num- 

 ber of votes for each ; which lists they shall sign 

 and certify, and transmit sealed to the seat of Gov- 

 ernment of the United States, directed to the pre- 

 siding justice of the Supreme Court of the United 

 States. And the Supreme Court, at a time and place 

 to be fixed by law, shall publicly open all the cer- 

 tificates and count the votes, and the person having 

 the greatest number of votes for President, consid- 

 ered by the court to have been lawfully given and 

 certified, shall be President, if such number be a 

 majority of the whole number of electors lawfully 

 appointed ; and if no person have such majority, 

 the state of the votes shall be immediately certified 

 to the House of Representatives, and then, from the 

 persons having the highest number, not exceeding 

 three on the list of those voted for as President, the 

 House of Representatives shall choose immediately, 

 by a viva voce vote, the President ; but the vote shall 

 be taken by States, the representation from each 

 State having one vote ; and if the votes of any State 

 shall not show a majority for any one candidate, the 

 vote of such State shall not be reckoned. A quorum 

 of the House of Representatives for the purpose of 

 such election shall consist of a member or members 

 from two-thirds of the States, and a majority of all 

 the States shall be necessary to a choice ; and if. on 

 the first vote, there shall be a failure to elect , further 



