138 



CONGRESS, UNITED STATES. 



After the year 1876, the President and Vice-Presi- 

 dent of the United States shall be elected by a direct 

 vote of the people of the several States, and the elec- 

 tors in each State shall have the same qualification 

 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 Representatives 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-President. 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 case 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- 

 tions, and making the returns thereof; and in case 

 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 Execu- 

 tive of each State within that State. 



The returns shall be canvassed at the time and in 

 the manner now provided, or which may be here- 

 after provided by the joint rules of the two Houses 

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

 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. 



At the same time Mr. Oliver introduced the 

 following joint resolution, which was likewise 

 referred : 



The Senate of the United States shall be composed 

 of two members from each State, who shall here- 

 after be elected by a direct vote of the people for six 

 years and the electors in each State shall have the 

 same qualifications as the electors of the most nu- 

 merous branch of the State Legislature ; but the 

 Congress may by law provide for conducting and 

 holding the election and canvassing the vote. 



On January 17th, Mr. O'Brien, of Maryland, 

 introduced the following joint resolution to 

 amend the Constitution, which was referred to 

 the Judiciary Committee 



ARTICLE XVI. Section I. No State shall make any 

 law respecting an establishment of religion or pro- 

 hibiting the free exercise thereof; and no minister 

 or preacher of the gospel or of any religious creed or 

 denomination shall hold any office of trust or emol- 

 ument under the United States or under any State ; 

 nor shall any religious test be required as a qualifi- 

 cation for any office or public trust in any State, or 

 under the United States. 



See. 2. No money received by taxation in any 

 State for the support of public schools, or derived 

 from any public fund therefor, nor any public lands 

 devoted thereto, shall ever be under the control of 

 any religious sect ; noi shall any money so raised, 

 nor lands so devoted, be divided between religious 

 sects or denominations ; nor shall any minister or 

 preacher of the gospel, or of any religious creed or 

 denomination, hold any office in connection with the 



public schools in any State, nor he eligible to any 

 position of trust or emolument in connection with 

 any institution, public or private, in any State or 

 under the United States, which shall be supported 

 in whole or in part from any public fund. 



On the same day Mr. New, of Indiana, intro- 

 duced the following joint resolution to amend 

 the Constitution, which was referred to the 

 Judiciary Committee : 



ARTICLE XVI. From and after the next election 

 for the President of the United States the President 

 shall hold his office during the term of four years, 

 and, together with the Vice-President chosen for the 

 same term, be elected in the manner now provided by 

 law, or as may hereafter be provided. But neither 

 the President, the Vice-President, nor any other 

 person in the office of President, as devolved upon 

 him by law, shall be eligible to the office of Presi- 

 dent a third time. 



On January 18th Mr. Williams, of Wiscon- 

 sin, introduced the following joint resolution 

 to amend the Constitution, which was referred 

 to the Judiciary Committee : 



ARTICLE XVI. No State shall make any law re- 

 specting an establishment of religion, or prohibiting 

 the free exercise thereof; and no money raised by tax- 

 ation in any State for the support of public schools, 

 or derived from any public fund therefor, or any 

 public lands devoted thereto, shall ever be under 

 the control of any religious sect ; nor shall any 

 money BO raised or lands so devoted be divided be- 

 tween religious sects or denominations ; neither shall 

 money raised by taxation in any State be appropri- 

 ated for the maintenance of any sectarian school or 

 sectarian institution. 



Several other amendments of less interest 

 were proposed and referred. It is not neces- 

 sary to notice them here. 



In the Senate, on January 10th, Mr. Morton, 

 of Indiana, said: "Mr. President, it has heen 

 suggested to me by several Senators that the 

 report of the Committee on Privileges and 

 Elections in regard to the tenure of office of 

 the President pro tempore of the Senate should 

 properly have been accompanied by a resolu- 

 tion or resolutions embracing the conclusions 

 of the committee. I now, therefore, offer the 

 following resolutions: 



Resolved, That the tenure of office of the President 

 pro tempore of the Senate elected at one session does 

 not expire at the meeting of Congress after the first 

 recess, the Vice-President not having appeared to 

 take the chair. 



Resolved. That the death of the Vice-President 

 does not have the effect to vacate the office of Presi- 

 dent pro tempore of the Senate. 



Resolved, That the office of President pro tempore 

 of the Senate is held at the pleasure of the Senate. 



Resolved, That Hon. Thomas W. Ferry, a Senator 

 from Michigan, who was elected President pro tem- 

 pore of the Senate at the last session, is now the 

 President pro tempore of the Senate by virtue of said 

 election. 



The Chief Clerk read the resolutions. 



Mr. Merrimon, of North Carolina, said : 

 " Mr. President, I entertain the opinion that 

 when the Senate elects a President pro tern- 

 pore, the Senator so elected may rightfully 

 continue to hold his office, unless his term as 



