Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-01-26
The Electoral Count.
THE BILL PRESENTED BY Tue lint en-
AiTTEES.

meet IN the hall oil the House u hepfeseh-
tatives, at the hour Of one o'cl1ck- post
mt ridian. on the fist Thursday IN February,
Ammo Domini eighteen hundred and seven
ty-seven; and the President OF the Senate
shall be their presiding tiicer. Two teilers
shall be previously appointed on the part
of the Senate, and two on the part o1 the
House Of Representatives, to whom snail De
handed, az they are opened by the President
of the Senate, all the certificates and
papers purportIng to be certificates Of the
Electoral votes, which certificates and
papers shall be opened, presented and acted
upon in the alphabetical order oithe 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. Aud the votes having
been ascertained and counted as in this act
provided, the result of the same shall be de-
liyered to the President Of the Senate, who
shall thereupon announce the state OF the
vote and the names of the persons, if any,
elected: which announcement shall be
deemed a sufficient declaration of the per
sons elected President and Vice-President
of the United States: and this, together
with q list Of the votes, shall
be entered on the journals OF the two
Houses. Upon such reading of any such
certificate or paper when there shall be
only one return from State, the President
of the Senate shall call for objections, ii
any. Every objection shall be made in
writing, ard shall state clearly and concise
", 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 re-
ceiyed. When all objections so made to
any vote or paper from State shall have
been received and read, the Senate shall
thereupon withdraw and such objections
shall be submitted to the Senate Tor Its
decision and the Speaker OF the House OF
REPRESENTATIVES shall in like manner submit
such objection to tho House of Representa-
tiyes for its decision. And no Electoral
vote or votes from any State from which
but one return has been received shall be
rejected excep: by the affirmative vote OF
the two Houses. When the two Houses
have voted they shall Immediately again
meet and tho presiding officer shall then
announce the decision Of the question sub
mitted.
Sec. =. That if more than one return or
paper purporting to be return from Il
State shall have been received by the Presl-
dent of tho Senate. purporting to be the
certificates of Electoral votes given at the
last preceding election for President and
Vice President in such State (unlcss they
shall be duplicates OF the same return), all
such returns and papers shall be opened by
him in the presence of tho two Houses.
when met as aforesaid, and read By the
tellers. And all such returns and
papers shall thereupon be submitted
to the judgment and decision, a. to
which is the true and lawful Electoral vote
of such State. of commission constituted
as follows, namely During the session OF
each House on the Tuesday next preceding
the first Thursday in February, eighteen
hundred and seventy-seven. each House
shall BY riud Uoce vote appoint i've OF It's
members, who with the tive Associate
Justices of the Supreme Court OF the United
States, to be ascertained as hereinafter
provided, shall constitute commission for
the decision of all questions upon or IN
respect of such double returns named IN
this section. On the Tuesday next preced-
ing the first Thursday in February, Ammo
Domini Gig hteen hundred and seyenty-seven,
or as soon thereafter as may be, the Asso-
ciate Justices Of the Supreme Court OF the
United States now assigned to the First,
Third Eighth and Ninth circuits shall
select in such manner as q majority oil them
shall deem fit another Of the Associate
Justices of said Court, which i've persons
shall! be members IT said commission, and
the person longest il commission OF said
i've Justices shall be the president of said
Commission. The members of said Com
mission shall respectively take and sub
scribe to the following oath: 81 do
solemnly swear" or afhrm as the case may
be that will impartially examine and
consider all questions submitted to the
Commission Of which am member. and
a true judgment give thereon, agreeably To
the Constitution and the laws. so help me
God" Which oath shall be filed with the
Secretary of the Senate. When the Com
mission shall have been thus organized it
shall not be in the power ct either House to
dissolve the same or to withdraw any OF its
memb ers. But if any such Senator or
Member shall die or become ply slcally
unable tn perform the duties required by
this act the fact Of such death or physical
inability shall be by said Commission, before
1t shall proceed. further communicated to
the Senate or the House Of Representatives,
as the case may be; which body shall
Immediately and without debate proceed by
riua uoce vote to fill the place so vacated.
And the person so appointed shall take anc
subscribe the oath hereinbefore prescribed.
and become member of said commission.
And in like manner if any said justice Of
the Supreme Court shall die or become
physically incapable Of performing the du-
ties required by this act. the other OF said
justices, members of tho said commission,
shall Immediately appoint another justice
of said court q member OF said commission.
ard in such appointments regard shall be
had to tho impartiality and freedom from
bias sought by the original appointments to
said commission he shall thereupon i'm
ms distely take and subscribe the oath here
inb, fore prescribed and become a member
OF said commission, to fill the vacancy so
occasioned. All the certificates and papers
purporting to be certificates Of the Electoral
votes of each State shall be opened in the
alphabetical order of the States. as provided
in section one of this act. When there
shall be more than one such certificate or
paper, as tine certificates and papers from
such State shall so be opened, excepting
duplicates OF the same return, they shall be
read by the tellers; and thereupon the
President of the Senate shall call for ohJec-
tions, if any. Every objection shall be
made in writing, and shall state clearly and
concisely and without argument tho ground
thereof, and shall be signed by ut least one
Senator and ono member of the House OF
Representatives before the same shall be
received. When all such objections 50 made
to any certificate, vote or paper from a
State shall have been received and read, all
such certificates. votes and papers so OBJ
jecred to, and all papers accompanying
the same, together with such OBJ
iections. shall be forthwith sub
mitted to said Commission. which
shall proceed to consider the same with the
same powers, ii any now possessed Tor That
purpose by the two Houses acting separately
or together, and by majority OF votes
decide whether any and what votes
from such State are tao votes provided Tor
bv the Constitution of the United -Iates,
and how many and what persons we're duly
appointed Electors in such State and may
therein take into view such petitions, ue-
posltlons'an Iother papers, II any, a. shall Dy
tho Constitution and now existing law De
cumpetent and pertinent in such consldera-
ton. which decision shall be made In writ
lug, stating briefly the ground thereof, and
be signed by the members OF said Conmis-
siou agreeing therein. Whereupon tho Two
Houses shall again meet and such decision
shall be read and entered IN the journal oil
each House. And the Counting ni tho 'NteS
shall proceed In conformity Herewith, uh-
less upon objection made thereto In writing
by at least live Senators and i've mem-
beTs Ct the House OF Representatives
the two Houses shall separatlveiy
concur in ordering otherwise: IN which
case such concurrent order shall govern.
No votes or papers from any other State Shall
be acted upon until the objections PREVIOUS
ly made t. the votes or papers from any
State shall have been finally disposed of.
See 3. That while the two HOUSES sisii
be In meeting as provided IN tins act. no
debate shall be allowed and no question
shall be put by the presiding othcer' eA-
cept to either House On mutton 10 WIN
draw and he shall have power to preserve
order.
Sec 4. That when the two Houses sep
arate to decide upon an objection that may
have been made TO the counting q airy
Electoral vote or votes from any state, or
upon objections to report OF shid Com
mission or other questions arising under
this act, each Senator and Representative
may speak to such objection or question
Tor ten minutes and not oltencr than once.
E,t altar Surh ,i,h.te shall have lasted TWO