The New York herald., 1876-12-05

both housesn and hence in lieu of the Joint commit
tee proposed to b. raised under the pending bill with
us elaborate apparatus for examining INTO the Legality
OF the electoral votes this amendment proposed that
all disputed questions with regard TO the constitutions
atty Of electoral vote should be deciG without
debate by the OF both houses present ~ the
counting OF the electoral votes. A divison OF the
was reserved be the motion to strike out
The first ten sections OF tho pending bill, ana IN
the meantime motion was made 10 strike OUT
SO much OF section as authorized the grand commit
tee ''unaily To decide" tie questions submitted TO
them. and proposing that the committee should SIM
ply "inqure into AID report upon the said ques-
ions. The motion was negltived yeas H. nays 49,
The seventh section OF the bi which formally artcu-
lated the precise questions upon which TIE JOINT
committees was empowered TO decide, ana which pro-
vided that mo petition or exception shall DO
granted or allowed by tho grand committee, which
shall have Tor It's object 10 draw into question the num-
Der OF votes wnch any cecor IN any OF the States
shall have been declared appointed was. on notion
the friends OF the bill voting the Affirmative. AS the
first section OF the bill provided that the decision OF
the JOINT committee should be hnal in regard to all
questions submitted to the effect OF striking this
seventh section was simply to remove certain imita-
tons put by II on the powers Of the committee
The question subsequently, recurring on the motion
TO ostrAe out tho whole body OF the bill and to substi
ue for II the preamble and resolution offered the
2sh Of March that question was decided in the neg
alive on March 27-yeas 10, nays Is.
In The meantime, though at what stage of the pro-
ceedngs not clear from the annals OF Congress- II IL
known that the proposed charmanship OF the grand
committee changed IRON the Chef Justice
senior Justice Of the Supreme Court TO a Senator
elected follows The Senate Immediately after the
choice Of The six members who should compose tue
grand committee on IT'S part. was required also to
transmit their names to House OF Repre-
sentalives which body, by ballot was lett 10 choose
one OF these three Senators as the chairman
oil the grand committee Tho theory OF tins provision
Is obvious 1t gave to the Senate in the person OF the
chairman, one majority IN The grand committee but
sentatives. on the nomination OF the Senate II was
hoped that the House would lnd in this recognition Of
its co equal authority sufficient compensation Tor
being lett minority IN the joint commlltee.
The biil Was put upon It's passage ~ the senate on
the 2Sth OF March, 1900 when Mr.. Charles Pnckney,
South Carolina made elaborate argument against
the necessity cxl cdiency and coDstuionaty OF the
measure. AT the close of his speech tho bill
passed by vote OF yeas l6 nays la-all those voting
the affirmative being lederalss an all those voting
IN the negative being republicans democaisl except
two-Mr. Liver more, ofNew Hampshire and Mr. hum
phrey Marshall, OF Kentucky, who probably voted
against the bill because it not strong enough 10
suit them Tue bill, IL Lnssed the Senate, was
sentiay as foows:-
SECTION | provided that on the day before the
second Wednesday February ncxt following the day
when President and Vice President Of tho United
States shall have been voted fer by electors shall be
the duty Of the Senate and House OF Representatives OF
tho United States to choose, by ballot n each house,
six members thereof TIE Senate. immediately after
TINS choice shall nominate BY ballot, three
OF its members, and transmit their names
to tho House OF Representatives., who shall,
by ballot choose one OF the three, and the
thirteen persons thus chosen shall form a
grand committee and shall have power to examine
and finally TO decide all disputes relative to the elec
tion OF President and Vice President Of the United
States; provided always that person shall be
capable OF serving this committee who shall DO one
OF the five highest candidates out OF whom President
Of the United States may DC chosen by the House Of
Representa- person should be found TO
have majority Of the whole number OF the votes OF
the electors appointed by the different States.
SIC provides ior the appointment of two teiers
by each House to note the dates OF the certificates,
names of electors, &c.
SEC provides that the certificates, notes OF the
tcors aud all exceptions and petitions against any
shall be submitted to the members OF tho grand
committee after they shall have been sworn by tue
President Of the senate to examine inpartially tho
votes gwen oy the electors.
SEC. 4 provides that the Senator chosen by tho
House OF Representatives nomination of tho
Senate shall chairman OF the grand committee
and provides Tor illiing vacancies IN the said COM
mittee.
SEC. s gives power to the grand committee to send
for persons and papers while making their examine
ton
SKc places the marshals Of the several districts of
the United States at the command Oi tho grand COM
mittee IN summoning witnesses
SEC. authorizes the grand committee to appoint q
clerk and directs that journal OF ali It's proceedings
shall be filed with the committees final report.
SEC. fixes the first day OF March next ensuing atcr
the committees appointment as the date OF its final
report
SIC provides that the committee, after its labors
have beon commenced shall not be dissolved by the
action OF either house. ~
SEC 10 enjolns some new duties on tho executive
hority cuch State with regard to electors and
also the electors in tho act of casting their ballots
SEC. II provides for the reception and reading IN the
Senate Of all petitions respecting the election OF Prcs
dent and Vice President by way OF exception thereto
IL provides Tor the taking Of evidence support
DHpArE IN THE HOUSE
The bill in this shape received by the House of
Representatives on the 3lst oil March, 1900 When 4
came up tor consideration in Committee OF the
Whole on the 10th OF April following, Mr. John Mar
shall OF Virginia aerward CEie Justice OF the United
States Supreme Court, spoke IN favor OF adopting
sauiary mode" for reaching the objects OF tho
bill but exprcssed his doubts the proprety OF
two points-sFirst, that the Senate name tho
chairman OF the grand committee and secondly, that
the Splnlon OF this grand committee be final
Hu hpr f0rQ
much related 10 those principles and proposed
substitute
tonal debate which is not reported, expressed de-
for further Information on the suolcct. and moved
that the Committee OF tho Whole should rest for that
day. ON the nexs day Mr. John Randolph, of vir-
gina John Randolph, OF Roanokc), moved TO amend
should be ch ,sen by lot instead OF ballot. Mr.. Mich
olas, alter animadvertng on the unconstitutonality
OF the BILL moved TO strike out the whole OF the first
section. Mr.. Marshall argued against the amend
ment and Mr. Randolph in its favor, whcreupon the
committee rose On the next day Mr. Joseph II.
Nicholson OF aryand, moved that the plli be post
poned I'LL tho .st Monday IN December next Messrs
Robert Goodloe Harper, OF South Carolina; Samuel W.
Dana OF Connccticui; John Kutlcdge Jr, oil South
Carolina, and John Marshall, of Virginia, argued
against the motion, which was decided in the mega
tivo-yeas As. nays 52-,he republicans voting In
the affirmative and The iederasts In the negative
On the 2lst OF April the bill was referred special
committee OF seven members, who subsequently re-
ported the bull with amendments 10 tho hrst section.
follows-
.sTha. on the - next following tho day when
President and Vice President shall been voted
by electors shall be the duty oi the senate and
House OF Representatives 10 choose by ballot each
house four members thereof; aud that the persons
thus chosen shall form JOINT committee and shall
power examine into all disputes relative to the
election OF President and Vice Pres oil the United
States, other than such may relate tue number
OF votes by which electors may navo been APP
pointed"
rhe opponents OF the amended bill moved, May l,
to strike out this section and thus Kill the operative
part OF The measure. The motion was lost-yeas Al,
nays Al. The eighth section the bill as amcudcd by
the committee provided iha;, IN all questions arising
under the report OF the Joint committee .if the two
houses have concurred rejecting the vote votes
objo To, such vote votes shall be counted;
bat, unless both houses concur, such votes
shall be counted"
After her discussion the bli amended by the
special committee and further amended by tue
House. was passed. in the House the "a OF May
yeas 81 nays -. Among those voting in the airma-
conspicuous OF James A. Bayard, of
Delaware; Robert Goodloe Harper, OF Sou,h Carolina;