CONGRESS, UNITED STATES. 



137 



ry, of Iowa, offered the following resolution 

 relative to counting the electoral votes : 



Whereas, There are differences of opinion as to the 

 proper mode of counting the electoral votes for 

 President and Vice-President, and as to the manner 

 of determining questions that may arise as to the 

 legality and validity of returns made of such votes 

 by the several States ; 



And whereas, It is of the utmost importance that 

 nil differences of opinion and all doubt and uncer- 

 tainty upon these questions should be removed, to 

 the end that the votes may be counted, and the re- 

 sult declared by a tribunal whose authority none can 

 question, and whose decision all will accept as final : 

 therefore 



Resolved, That a committee of five members of this 

 House be appointed by the Speaker, to act in con- 

 junction with any similar committee that may be ap- 

 pointed by the Senate, to prepare and report without 

 delay such a measure, either legislative or constitu- 

 tional, as may in their judgment be best calculated 

 to accomplish the desired end, and that said com- 

 mittee have leave to report at any time. 



It was referred to the Committee on the 

 Judiciary. 



On December 14th the committee reported 

 back the resolution, with the recommendation 

 that the following substitute be adopted : 



Whereas, There are differences of opinion as to the 

 proper mode of counting the electoral votes for 

 President and Vice-President, and as to the manner 

 of determining questions that may arise as to the 

 legality and validity of returns made of such votes 

 by the several States ; 



And whereas, It is of the utmost importance that 

 all differences of opinion and all doubt and uncer- 

 tainty upon these questions should be removed, to 

 the end, therefore, that the votes may be counted, 

 and the results declared by a tribunal whose author- 

 ity none can question, and whose decision all will 

 accept as finsil : therefore 



Resolved, That a committee of seven members of 

 this House be appointed by the Speaker, to act in 

 conjunction with any similar committee that may be 

 appointed by the Senate, to prepare and report with- 

 out delay such a measure, either legislative or con- 

 stitutional, us may in their judgment be best calcu- 

 lated to accomplish the desired end, and that said 

 committee have leave to report at any time. 



Resolved, That a committee of seven members be 

 appointed oy the Speaker of this House to ascertain 

 and report what are the privileges, powers, and du- 

 ties of the House of Representatives in counting the 

 votes for President and Vice-President of the United 

 States, and that said committee hare leave to report 

 at any time. 



The resolution, as amended, was adopted 

 without debate, and notice thereof sent to the 

 Senate. 



On December 18th the Senate notified the 

 House of the passage of the following resolu- 

 tion: 



Resolved, That the message of the House of Repre- 

 sentatives on the subject of the presidential election 

 be referred to a select committee of seven Senators, 

 with power to prepare and report, without unneces- 

 sary delay, such, a measure, either of a legislative or 

 other character, as may in their judgment be best 

 calculated to accomplish the lawful count of the 

 electoral vote, and best disposition of all questions 

 connected therewith, and a due declaration of the 

 result, and that said committee have power to con- 

 fer and act with the committee of the House of Rep- 

 resentatives named in said message, and to report 

 by bill or otherwise. 



The committee appointed on the part of the 

 Senate by the President pro tern, were : Messrs. 

 Edmunds, Morton, Frelinghuysen, Conkling, 

 Thurman, Bayard, and Eansom. 



In the House, the committee to ascertain 

 and report what are the privileges, powers, 

 and duties of the House of Representatives in 

 counting the votes for President and Vice- 

 President of the United States were : Messrs. 

 Knott of Kentucky, Sparks of Illinois, Tucker 

 of Virginia, Maish of Pennsylvania, Burchard 

 of Illinois, Seelye of Massachusetts, and Mon- 

 roe of Ohio. 



Committee to meet with the Senate com- 

 mittee as to the counting of the electoral votes 

 for President and Vice-President: Messrs. 

 Payne of Ohio, Hunton of Virginia, Hewitt of 

 New York, Springer of Illinois, McCrary of 

 Iowa, Hoar of Massachusetts, and Willard of 

 Michigan. 



In the Senate, on January 13th, Mr. Edmunds, 

 of Vermont, from the select committee on 

 counting the electoral votes, submitted, by 

 direction of the committee, a report with an 

 accompanying bill. "With one exception, tho 

 report was signed by all the members. 



The bill to provide for and regulate the 

 counting of the votes for President and Vice- 

 President, and decision of questions arising 

 thereon, for the term commencing March 4th, 

 A. D. 1877, was read the first time at length, as 

 follows : 



Be it enacted by the Senate and House of Representa- 

 tives of the United States of America in Congress as- 

 sembled, That the Senate and House of Representa- 

 tives shall meet in the Hall of the House of Repre- 

 sentatives at the hour of one o'clock p. M. on the 

 first Thursday in February, A. D. 1877, and the 

 President of the Senate shall be their presiding offi- 

 cer. Two tellers shall be previously appointed on 

 the part of the Senate, and two on the part of the 

 House of Representatives, to whom shall be handed, 

 as they are opened by the President of the Senate, 

 all the certificates and papers purporting to be cer- 

 tificates of the electoral votes, which certificates and 

 papers shall be opened, presented, and acted upon 

 in tho alphabetical order of the States, beginning 

 with the letter A ; and said tellers, having then reaa 

 the same in the presence and hearing of the two 

 Houses, shall make a list of the votes as they shall 

 appear from the said certificates ; and the votes hav- 

 ing been ascertained and counted as in this act pro- 

 vided, the result of the same shall be delivered to 

 the President of the Senate, who shall thereupon 

 announce the state of the vote, and the names of tho 

 persons, if any, elected, which announcement shall 

 be deemed c sufficient declaration of the persons 

 elected President and Vice-Presidi-nt of the United 

 States, and, together with a list of the votes, be en- 

 tered on the Journals of the two Houses. Upon such 

 reading of any such certificate or paper, when there 

 shall be only one return from a State, the President 

 of the Senate shall call for objections, if any. Every 

 objection shall be made in writing, and shall state 

 clearly and concisely, find without argument, the 

 ground thereof, and shall be signed by at least one 

 Senator and one member of the House of Repre- 

 sentatives before the same shall bo received. When 

 all objections so made to any vote or paper from a 

 State shall have been received nnd read, the Senate 

 shall thereupon withdraw, and such objections shall 

 be submitted to the Senate for its decision ; and the 

 Speaker of the House of Representatives shall, in 



