Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1877-01-19

TORS and five members Of the House OF hepre'
sentatives. the two houses shall separately con-
cur in ordering otherwise, 10 which case such
concurrent order shall govern. NO votes OF
papers from auy other State shall be ac'eo up
on until the objections previously MAZE 70 the
votes or papers from any State shall nave pcen
finally disposed OF. -
Sec, 3. That while the two houses shall be
in meeting, as provided 10 this act, no ccOate
shall be allowed and no question snail De put
by the presiding officer except to either House
Oh motion 10 withdraw: and be shall nave pow
cr TO preserve ORDER
Sec. T. That when the two houses separate
TO decide upon an objection that may nave peen
made to the counting Of any electoral vote or
votes from any State, or upon Objection 10 re-
port OF said commission, or other question ars
ing under this act, each Senator and Represen-
tatiye may sneak to such objection or question
ten minutes, and not ottener than once; out al
ter such debate shall have lasted two hours 1t
shall be the duty Of each House to put the
main question without further debate.
Sec. 5. That at such joint meeting Of the
two houses seats shall be provided as follows ::
For the President Of the Senate, the Speaker 8
chair; for the Speaker, Immediately 90 his lelt:
the Senators 10 the body OF the hall upon tue
right of the presiding officer; for the Represen-
tativcs, 10 the body OF tho hail not provided Tor
the Senators; for the tellers, Secretary OF the
Senate and Clerk of the House OF Representa-
lives, at the Clerks desk; for the other otlcers
of the two houses, in front OF the Clerk 8 desk
and upon each side Of the Speakers platform.
Such Joint meeting shall not be dissolved until
the count Of electoral votes shall be completed
and the result declared: and 90 recess shall be
taken unless question shall have arisen in re-
gard to counting any such votes, or otherwise
under this act, in which case it shall be compe-
tent for either House, acting separately, in the
manner hereinbcforc provided, to direct re-
cess CT such House not beyond the next day,
Sunday excepted at the hour Of ~ o'clock IN
the forenoon And while any question Is being
considered 10y said commission, either House
may proceed with its legislative or other bust
Ness.
Sec. G. That nothing in this act shall be held
| TO impair or affect any right now existing under
| the Constitution and laws to question, by pro.
ceednr in the judicial courts Of the United
States the right or title Of the pcr5ou who
shall be declared elected, or who shall claim tc
be President or Vice President Of the Untcd
States, if any such right exists.
Sec. :. That said commission Shall make It's
own rules, keep record OF its proceedings and
shall have power to employ such persons az
may be necessary for the transaction OF II:
business and the execution OF its powers.
REPORT OF TIE JOINT COMMITTEE on COUNT
ING THE ELECT ORAL VOTE.
That they have considered the subject uamcC
10 said resolution, and have had full and free
conference with each other thereon, and now
report the accompanying bill aud recon-
mend its passage The substance Of the bii
embraces
First. Provisions for the meeting ot tue tive
Houses rs required by the Constitution, and
the general course Of proceeding and the de-
rlaration OF the result.
Second. Provisions for the disposition OF the
questions arising iu respect OF States IRON
which only one set Of certificates have been re
ccived, that each House shall consider the ques
ton, ana shall on y decide against a vote b5
concurrent affirmative action.
Third. Provisions for 80 called double returns
from State that such conflicting returns ant
papers shall be submitted to the conslGeratlol
of Il commission, composed OF equal numbers
Of the Senate and OF the House OF Representa-
tiyes and OF the Supreme Court Of the United
States; that this commission shall be ORGANIZED
and sworn, and have power to consider ADD de
eide, according to the Constitution and law
what is the constitutional vote OF the State II
question, and that such decision shall govern
the disposition of the subject, unless botl
Houses shall determine otherwise.
Fourth. 1t is provided that the act shall no
affect either way the question OF the right O
resort TO the judicial courts oithe United State
by the persons concerned rs claimants TO the
Offices in question.
We have applied the utmost practicable
study and deiberatlon 10 the subject, and be
!ievc that the bill now reported is the best at
tainablc disposition Of the different problem:
and disputed theories arising out OF the late
election. 1t must be obvious to every person
convcrsant with tho history Of the country, anC
with the formation and Interpretation Of the
Constitution that vide diversity of views
and opinions touching the subject, not wholly
c1iDcjdcnt with the bias or wishes of the mem
hers oil political parties. would naturally exist
We have i'll this state OF things chosen, there
fore, not to deal with abstract questions, save
30 far as they are necessarily involved in tht
legislation proposed. 1t is, Of course, plalr
that the report Of the bill implies that iI oul
opinion legislation may he had on the subject
in accordance with the Constitution, but VIZ
think that the law proposed is Inconsistent with
|
The Constitution requires that the elcctora
votes shall be counted on q particular OCCASION
All will agree that the votes named IN the Con
stiluton are the constitutional votes Of tho
| States, and no others; and when they have
been found and identified there is nothing left
to be disputed or decided-all the rest is the
mere clerical work of summing up the numbers
which being done, the Constitution itself de-
| nlorns thn nnnsfuunnce.
This bill, then, is only directed to ascertain.
ing, for the purpose and in aid Of the counting
what arc the constitutional votes Of the respec'
tive States; and whatever jurisdiction exists
for such purpose the bill only regulates the
method Of exercising it. The Constitution,
our great Instrument and security for liberty
and order, speaks 10 the amplest language for
all such cases, in whatever respect they may be
presented 1t declares that Congress shall
have power Ito make all laws which shall he
! necessary and proper Tor carrying into e1ecu-
tiou lhe.iorcgoing powers and all other powers
vested by the Constitution 10 the Government
of the Uotcd States or iu any Department