Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1877-01-25
Counting the Electoral Vote.

Ing the electoral vote for President and
Notwithstanding the United States:
A bill 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. u.
| Be 1t enacted, &C., That the Senate
and House of Representative shall
meet in the hall Of the House of Repre-
sentatives, at the hour of one O'Clock
post meridian, on the first Thursday in
February, A. D. flSO sand the, Presi-
dent Of the Senate shall be their pre-
siding officer. 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, or the papers purporting to
be certificates, of the electoral votes,
which certificates and papers shall be
opened, presented and acted upon in
the alphabetical order of . the States,
beginning with the letter A and said
tellers having then read 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 having been ascertained
and counted as in this act provided, the
result of the same shall be delivered to
the President Of. the Senate, who, shall
therelIpon announce the state of the
lvote, and the names Of the persons, if
any, elected President and Viee-Presi-
dent of the United States, and, together
with list Of the votes, be entered on
the journals ofthe two houses. Upon
such reading Of any such certificate o.
/ paper when there shall be, only one re-
turn from State. the President Of the
Senate shall call tor objections, if any.
Every objection shall be made in writ
ing, and shall state clearly and con-
cisely, and without argument, the
ground thereof, and shall be signed by
at least one Senator and one member Of
the House Of Representatives before the
same shall be received. When all OBJ
jections so made to any vote or paper
from a State shall have been received
and read, the Senate shall thereupon
withdraw, and such objections shall be
submitted to the Senate for its decision !;
and the Speaker the House Of Repre-
sentatives shall. in ike manner. submit,
j, such objections to the House Of Repre-
sentatiyes for its decision: and no
electoral vote or votes from any State
from which but one return has been
received shall be rejected except by the
affirmative vote Of the two houses
When the two houses have voted they
shall Immediately again meet, and the
presiding officer shall then announce
the decision Of the question submitted.
Sec. 2. That if more than one return,
or paper purp0rting to be a return from
a State, shall have been received by the
President ofthe Senate. purporting to
be the certificates Of electoral votes
given al The last preceding election for
President and EieesPresident in such
State. unless they shall be duplicates
Of the same return all such returns
and papers shall be opened by him in
the presence Of the two houses when
met as aforesaid, and read by the tellers
and all such returns and papers shall
thereupon be submitted to the judy
ment and decision as to which is the
! true and lawful electoral vote Of such
State. Of g commission constituted as
follows, nameiy:.
During the session Of each house on
the Tuesday next preceding the first
Thursday in February. 1877, each house
shall, by viva voce vote. appoint five Of
its members, who, with the five associ-
ate justices Of the Supreme Court Of the
1 United States, to be ascertained as
hereinafter provided, shall constitute a
commission for the decision of all
questions upon or in respect Of such
double returns named in this section.
On the Tuesday next preceding the
first Thursday in February. Ammo
Domini 1877, Or as soon thereafter as
may be. the associate justices of the
Supreme Court of the United States now
assigned to the first, third, eighth and
ninth circnits shall select, in such
manner as a majority of them shall
deem fit, another of the associate JUS
tees Of said court. which five persons
shal! be members Of said commission !;
and the person longest in commission
Of said FIVE justices shall be the presi-
dent Of said commission. The mem
bers Of said commission shall respec-
lively take and subscribe the following
oath
II, - -, &c solennly swear, Cor
affirm, as the case may be. that | will
impartially examine and consider all
questions submitted to the commission
Of which l am a member, and true
Judgment give thereon, agreeablyt to the
constitution and the laws. so help me
God" which oath shall be filed with
the secretary Of the Senate.
When the commission shall have
been thus organized, it shall not be in
the power OF either house to dissolve
the same. or to withdraw Gny Of its
members but if any such Senator OF
: member shall die Or become physically
unable to perform the duties required by
this act, the fact Of such death or physi-
cal disability shall be by said commission
before it shall proceed further, COM
nlunicated to the Senate or House of
Representatives, as the case may be,
which body shall Immediately and
without debate proceed by viva yoce
vote to fill the place so vacated, and the
person so appointed shall take and sub
stIIpe tile oalu ueTeIuptiore prescribed.
, and become member Of said COM
mission ana il like manner. if any of
said justices, members Of the Supreme
Court shall die or become physically in
capable of performing the duties re-
qaiFed by this act, the other Of said jus
tees, membass ~ the said commission,
shall Immediately appoint anather JUS
tee Of said court a member Of said COM
mission, and, in such appointments,
/ regard shall be had to the impartiality
E and freedom from bias sought by the
original appointments to said commits
sion, who shall thereupon Immediately
: take and subscribe the oath herein
, before prescribed, and become mem
Der Of said commission to fill the the
yanGacy so occasioned.
AL the certificates and papers pur-
porting to be certificates Of the electoral
| votes of each State shall be opened, in
the alphabetical order Of the States. as
provided by section one Of this act; and
when there shall be more than one such
certificate or paper, as the certificates
| and papers from such State shall be
, opened, excepting duplicates of the
same return, they shall be read by tbs