, 1877-01-03
LEGISLATION FOB COUNTING THE VOTES
A 10nu nna M 1Rnn md l1nforn arm fh1

No 4Vnk nv ka6 &QQU4 A40 DcANIG GfbA tuG
JErrEnsos-l'unn complication, tho necessity
for son1o lcgisls ion by Congress to meet
questions Of disputed Presidential elections
was evident to Congress- and tho country.
Tho questions raised and discussed were
two: l. Had Congress The power to 1og;s-
late under the Constitution to direct the
means by which tho Electoral votes Should
be counted, and by which tho counting or
rejection of disputed Electoral returns should
10 determined? 2. II Congress had such
power, what should 10 the regulations, md
by whit agencies SHOULD tho work be done {
These two questions vera elaboratcly dis
cussed during period Of five months. Upon
the first question both Houses reached nn
affirmative decision by decided minority in
each House, but not without BcIicus debate.
Senator CHARLES plScxsnY, Of Souih Caro-
lima, in m able and earnest speech, objected
that Congress Ind no power Under Tho Con-
stitntion over tho subject, tint MI power
rested with tho States, and TINT tho vote Of
the Electors certified to by tho Governor
should be accepted as conclusive, aud should
be counted by tho President Of tho Senate.
>
fered in tho Sonata n resolution directing the
appointment Of committee to consider
whether any, mud what, provisions ought to
bo matlo 1>y law for deciding disputetl cleo
tions of President and Vice President Of tho
United States, and for determining tho legal.
ity or illopality Of tho votes given for those
officers In tho different Statcs, anl that tho
Committee report l,y bill or otherwise, On
Feb, IA. 1900, q bill wis reported, which wns
debated In tic Sounto until March ay. when
It was passed, md sent 10 tho House. This
bill as il nasscl provj,lol for ioiut commit
too Of six Senators and six Representatives,
to 10 elected by ballot. who wore then to
choose Chairman. THIS Committee Was 10
acr,tinizo nit tho returns Of tho Electors, to
hear all objections, to receive mud take NIL
evidence having bearing on tho subject Of
tho appointment Of Electors, etc. This
Committee wna to havo power 10 finally tlo-
citlo nl1 questions before them to declare
wllat votes shall be rejected md what atlinit-
ted, and their finding Was complete aud with
ont appeal. Various attompts were made in
bosl, Houses to have this Committee ap-
pointed by lot; TINT IN, by lrnwiux from the
list of oil tho mines OF each House those of
tho ri1 who wero to SERVO on tho Committee,
hut these motions were all rejected. In tho
House the bill sas materially altered: tho
powers Of tho Committee woro limited to an
examination and report subject to tho notion
Of the two Houses in oaso any objection
was made to the rcport OF tue Committee.
The Senate coucurred in most Of the amend.
,uonta n,alo In tho House, but fnilod to agree
upon n lending point. Tho House Ind III. .
slated. in caso objection was made to The
roport of Tie Committee, that tic two
I1ou ,cs should act on tho question separate.
IL. hit that M voto should bo "rotocted II
nn,exs hv ,ha copcu,r;np votea of tbo two
| 1touacu This tha gcnnt, had chonoei1 IN
that no vote should be "mlmittc,l" unless by
tho concurrine votes Of both Houses acting