The Eaton Democrat. (Eaton, Ohio) 1875-1903, 1877-01-25
Count of the Electoral Vote.

The following is the text of the bill re-
ported by the Joint Committee of the
Senate and House:
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 commenc-
ing March 4, 1877. - -.
Be 1t enacted blythe Senate and House O
Representatives Of the United States Of
America in Congress assembled: That the
Senate and House of Representatives
shall meet in the Hall of the House of
Representatives at the hour of ten
o'clock, post meridian, on the first Thurs
day in February, A. d. 1877, and the
President of the Senate shall be the
presiding 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 certif-
Gates and papers purporting to be certif-
Gates of Electoral votes, which certifi-
Gates and papers shall be opened, pre-
sented and acted upon in the alphabet
ical 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 list of votes as they shall appear
from said certificates, and the votes hav-
ing 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, thereupon, announce
the state of the vote and the names of
the persons, if any, elected, which an
nouncement shall be deemed sufficient
declaration of persons elected President
and Vice President of the United States,
and, together with 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 Presi-
dent of the Senate shall call for objec-
tions, if any. Every objection shall be
made in writing, and shall state clearly
and conclusiveiy, and Acknowledgement,
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 objections 30 made to any vote
or paper from the State shall have been
received and read, the Senate shall,
thereupon, withdraw, and such objec-
tions shall be submitted to the Senate
for its decision, and the Speaker of the
House of Representatives shall, in like
manner, submit such objections to the
House of Representatives for its decision,
and no Electoral vote, or votes, from any
State from which but one return has
been received, shall be objected to, ex-
cept by the affirmative vote Of the two
Houses.
When the two Houses have voted, they
shall Immediately again meet, and the
presiding officers shall then announce
the decision of the question submitted.
Sec. 2. That if more than one return,
or paper, purportiug to be return from
State shall have been received by the
President of the Senate, purporting to
be certificates of the Electoral votes
given at the last preceding election for
President and Vice-President 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 there
upon be submitted to the judgment and
decision, as to which is the true and
lawful Electoral vote of such State, of
a Commission, constituted as follows,
namely: 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
five Associate Justices of the Supreme
Court of the United States, to be ascer-
tanned as hereinafter provided, shall con-
stitute 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, A. d. 1877, 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 Cir
cults, shall select, in such manner as
the majority of them shall deem fit,
another of the Associated Justices of
said Court, which five persons shall be
members of said Commission, and the
person longest in Commission of said five
Justices shall be President of said Com
mission. Members Of said Commission
shall respectively take and subscribe to
the following oath: 81, -, do solemnly
swear or affirm, as the case may be, that
l will impartially examine and consider
all questions submitted to the Commis.
sion of which am member, and a true
judgment give thereon, agreeably to the
Constitution and laws, so help me God"
Which oath shall be filed with the Sec.
retary of the Senate. When the Com.
mission shall have been thus organized
it shall not be in the power of either
House to dissolve the same, or to with.
draw any of the members; but if any
such Senator or member shall die OF
become physically unable to perform
, the duties required by this act, the
: fact of such death or physical inability
= shall be, by said Commission before il
shall proceed further, communicated tt
J the Senate or House of Representatives
as the case may be, which body shall
Immediately and without debate, pro
ceed by utvG voce vote, to fill the pIact
so vacated, and the person SO appointed
= shall take and subscribe to the oatf
4 hereinbefore prescribed and become 4.
member of said Committee. In lik,
manner if any of said Justices of tn,
Supreme Court shall die or becom
physically incapable of performing tn
e duties required by this act, the othe
n of said Justices. members of saic
). Commission, shall Immediately appoin
n another Justice of said Court a membe
of said Commission, and in such appoint
ments regardsshall be had to impartialit,
s and freedom from bias sought by tn
e original appointments to said Commits
e sion, who shall thereupon immediatel
Il take and subscribe to the oath hereinbe
y fore prescribed, and become member G
= said Commission to fill the vacancy s
u occasioned. All certificates and paper
e purporting to be certificates of th
is Electoral votes of each State, shall
e opened in the alphabetical order {
e States, as provided in Section l of thi
n act, and when there shall be MOI
= than one such certificate or paper, 8
= !, the certificates and papers from sue
State, shall so be opened, excepting dr
IS plicates of the same, they shall be rea
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