CONGRESS, UNITED STATES. 



163 



twenty-second joint role has been repealed on 

 the part of the Senate." 



(Here the hammer fell.) 



The Speaker: "The time for debate has ex- 

 pired." 



The question was taken, as follows : 



YEAS Messrs. Abbott, Adams,- Ainsworth, Ander- 

 son, Ashe, Atkins, Bagby. George A. Bagley, John 

 H. Bagley, Jr., Banning. Beebe, Bell, Bland, Bliss, 

 Blount, Boone, Bradley, Bright, John Young Brown, 

 Buckner, Samuel D. Burchard, Burleigh, Cabell, 

 William P. Caldwell, Campbell, Candler, Caulfield, 

 Cliapin, Chittenden, John B. Clarke of Kentucky, 

 John B. Clark, Jr., of Missouri, Clymer, Cochrane, 

 Cook, Cowan, Cox, Crapo, Culberson, Cutler, Dar- 

 rall, Davis, Davy. De Bolt, Dibrell, Douglas, Durand, 

 Eden, Ellis, Faulkner, Felton, Field, Finley, Foster, 

 Franklin, Fuller, Cause, Gibson, Glover, Goode, 

 Goodin, Gunter, Andrew H. Hamilton, Robert Ham- 

 ilton, Hancock, Hardenbergh. Benjamin W. Harris, 

 Henry R. Harris. John T. Harris, Harrison, Hart- 

 ridge, Hartzell, Hatcher, Hathorn, Haymond, Hen- 

 kle, Hereford, Abram S. Hewitt, Goldsmith "W . Hew- 

 itt, Hill, Hoar, Holmau, Hooker, Hopkins, Hoskins, 

 House, Humphreys, Hunter, Hunton, Jenks, Frank 

 Jones, Kehr, Kelley, Lamar, Franklin Landers, 

 George M. Landers, Lane, Leavenworth. Le Moyne, 

 Levy, Lewis, Luttrell, Lynde, Mackey, Maish. Mac- 

 Dougall. McCrary, McDill, McFarland, McMahon, 

 Meade, Metcalfe, Miller, Money, Morgan, Morrison, 

 Mutchler, Neal, New, Norton, O'Brien, Oliver, 

 Payne, Phelps, John F. Philips, Pierce, Piper, Platt, 

 Potter, Powell, Rea, Reagan, John Reilly, James B. 

 Beilly, Rice, Riddle, John Robbins, William M. Rob- 

 bins, Roberts, Miles Ross. Sampson, Savage, Sayler, 

 Scak-s, Schleicher, Seelye, Sheakley, Southard, 

 Sparks, .Springer, Stanton, Stenger, Strait, Steven- 

 son, Stone, Swann, Tarbox, Teese, Terry, Thomas, 

 Thompson, Throckmorton, Washington Townsend, 

 Tucker, Turney, Robert B. Vance, Waddell, Charles 

 C. B. Walker, Gilbert C. Walker, Walling, Walsh, 

 Ward, Warner, Warren, Watterson, Erastus Wells, 

 G. Wiley Wells, Whitehouse, Whitthorne, Wike, 

 Willard, Alpheus S. Williams, James Williams, Wil- 

 liam B. Williams, Willis, Wilshire, Benjamin Wil- 

 son, James Wilson, Fernando Wood, Yeates, Young, 

 and the Sneaker 191. 



NAYS Messrs. John H. Baker, William H. Baker, 

 Ballou, Banks, Blackburn, Blair. Bradford, William 

 R. Brown, Horatio C. Burchard, Buttz, JohnH. Cald- 

 well, Cannon, Carr, Cnswell, Cate, Conger, Crounse, 

 Danford, Denison, Dobbins, Dunnell, Durham, 

 Eames, Evans, Flye, Forney, Fort, Freeman, Frye, 

 Garflelcl, Hale, Huralson, Hendce, Henderson, Hoge, 

 Hubbell, Hurd, Hurlbut, Hyman. Thomas L. Jonee, 

 Joyce, Kasson, Kimball, Knott. Lapham, Lawrence, 

 Lynch, Magoon, Milliken, Mills, Monroe, Nash,' 

 O'Neill, Packer, Page, Plaisted, Ponpleton, Pratt, 

 Purman, Ruiney, Robinson, Rusk, Singleton, Sin- 

 nickson. Slemons. Smalls, A. Herr Smith, William 

 E. Smith, Stowell, Thornhurgh, Martin I. Town- 

 send, Tut'ts, Van Vorhos, John L. Vance. Wait, Wal- 

 dron, Alexander S. Wallace, John W. Wallace, 

 White, Whitinjr. Andrew Williams. Charles G. Wil- 

 liams. Jerc N. Williams, Alan Wood, Jr., Woodburn, 

 and Woodworth 86. 



NOT VOTING Messrs. Baps, Canon, Collins. Eg- 

 bert, Hays, King, Lord. Odell, William A. Phillips, 

 Bobicski Ross, Schumalcer, Stephens, Wheeler, and 

 Wigginton 14. 



So the bill was passed. 



In the Senate, on January 2flth, a message 

 was received from the President, as follows: 

 To the Senate of the United Statei : 



I follow the example heretofore occasiondly per- 

 mitted, of communicating in this mode my approval 



of the act to provide for and regulate the counting 

 of votes for President and Vice-President, and the 

 decision of questions arising thereon, for the term 

 commencing March 4, A. D. 1877, because of my ap- 

 preciation of the imminent peril to the institutions 

 of the country, from which, in my judgment, the 

 act affords a wise and constitutional means of es- 

 cape. 



For the first time in the history of our country, 

 under the Constitution as it now is, a dispute exists 

 with regard to the result of the election of the Chief 

 Magistrate of the nation. 



It is understood that upon the disposition of dis- 

 putes touching the electoral votes cast at the late 

 election by one or more of the States depends the 

 question whether one or the other of the candidates 

 for the presidency is to be the lawful Chief Magis- 

 trate. Tne importance of having clearly ascertained, 

 by a procedure regulated by law, which of the two 

 citizens has been elected, and of having the right to 

 this high office recognized and cheerfully agreed in 

 by all the people of the Republic, cannot be over- 

 estimatedj ana leads me to express to Congress, and 

 to the nation, my great satisfaction at the adoption 

 of a measure that, affords an orderly means of de- 

 cision of a gravely- exciting question. 



While the history of our country in its earlier 

 periods shows that the President of the Senate has 

 counted the votes and declared their standing, our 

 whole history shows that in no instance of doubt or 

 dispute has he exercised the power of deciding, and 

 that the two Houses of Congress have disposed of 

 all such doubts and disputes, although in no instance 

 hitherto have they been such that their decision 

 could essentially liuve affected the result. 



For the first time the Government of the United 

 States is now brought to meet the question as one 

 vital to the result, and this under conditions not the 

 best calculated to produce an agreement, or to in- 

 duce calm feeling in the several branches of the Gov- 

 ernment or among the people of the country. In a 

 case where, as now, the result is involved, it is the 

 highest duty of the law-making power to provide in 

 advance a constitutional, orderly, and just method 

 of executing the Constitution in tliis most interest- 

 ing and critical of its provisions. The doing so, far 

 from being a compromise of right, is an enforcement 

 of right and an execution of powers conferred by the 

 Constitution on Congress. 



I think that this orderly method has been secured 

 by the bill, which, appealing to the Constitution and 

 the law as the guide in ascertaining rights, provides 

 a means of deciding questions of single returns 

 through the direct action of Congress, and in respect 

 to double returns by a tribunal of inquiry, whose 

 decisions stand unless both Houses of Congress shall 

 concur in determining otherwise ; thus securing a 

 definite disposition or all questions of dispute in 

 whatever aspect they may arise. With or without 

 this law, as all of the States have voted, and as a tie 

 vote is impossible, it must be that one of the two 

 candidates has been elected ; and it would be de- 

 plorable to witness an irregular controversy ns to 

 which Of the two should receive or which should 

 continue to hold the office. In all periods of history 

 controversies have arisen as to the succession or 

 choice of the chiefs of states ; and no party or citizen 

 loving their country and its free institutions can 

 pncriflce too much of mere feeling in preserving, 

 through the upright course of law, their country 

 from the smallest danger to its peace on such an 

 occasion ; and it cannot be impressed too firmly in 

 the heart of all the people ; that true liberty and real 

 progress can exist only through a cheerful adher- 

 ence to constitutional law. 



The bill purports to provide only for the settle- 

 ment of questions arising from the recent elections. 

 The fact that such questions can arise demonstrates 

 the necessity, which I cannot doubt will before long 

 b supplied, of permanent general legislation tc 



