The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-01-25
Plan for Counting the Electoral Vote:

scented in both houses of Congress Thursday
by the joint committee, to whom had been
referred a resolution for devising mode for
counting the electoral vote:
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 "A. d., 1871.
Be it enacted, &c, That the Senate and House OF
REPRESENTATIVES shall meet in the Hall of the
House OF Representatives. at the hour of O CLOCK
past meridian, on the first Thursday in Febru
ary A. d. 1877, and the President of the Senate
shall be their presiding officer. Two tellers shall
be previously appointed on the part of the SEN
ate and two on the part OF the House OF Repre-
sentatves, to whom shall be handed, as they are
opened by the President of the Senate, all the
certificates, and papers purportng to be certif
Gates, of the electoral votes, which certificates
and papers shall be opened, presented and acted
upon i'll the alphabetical order of the States, be-
ginning with the letter A; and said teers having
then read the same in the presence and hearing
OF the two Houses Shall make q list of the votes
as they shall appear from the said certificates
and the votes having been ascertained and count
ed 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, elect
ed, which announcement shall be deemed a sntf-
c1ent declaration OF the persons elected President
and Vice President of the United States, and, to-
gether with list of the votes. 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, if any Every
objection shall be made in writing, and shall state
clearly and concisey and without argument. th e
ground thereof and shall be signed by at least
one Senator and one member of the House OF
Representatives before the same shall be receiv-
ed. 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 It's 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 rejected except by the af-
firmative vote of the two House. When the two
Houses have ted. they shall Immediately again
meet. and tHa presiding officer shall then an
nounLe the deBfslon OF the question submitted
SEC 2. That X more than one return, or paper
purporting to be return from State, shall have
purporting to be the certificates OF electoral
votes given at the last preceding election for
President ndsVice President In such State, Jun
less 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 telers and all such
returns and papers shall thereupon be submitted
to the judgment and decision as to which is the
true and lawful electoral vote or such State, OF
commission constituted as follows, namely:
During the session OF each House on the Tues
day next preceding the first Thursday in Febru-
airy, 1871, each House shall, by rioa vote, ap
point five OF Its members, who with the five asso
ciate justices Of the Supreme Court of the United
States, to be ascertained as hereinafter provided
shall constitute a commission for the decision of
all questions upon in respect of such double
returns named in this section.
On the Tuesday next preceding the first Thurs
day IN February, A. d. 1877, or soon thereafter
as may be, the associate justices of the Supreme
Court of the United States now assigned to the
nrst, third eighth. and ninth circuits shall select
ia such manner as majority of them shall deem
fit another of the associate justices of said court
which said five persons shall be members of said
commission; and the person longest in commits
sion OF said five justices shall be the president of
said commission. The members of said commits
sion Shall respectively take and subscribe the
following oath:
81, --. do solemnly swear Tor affirm, as
the cas- e may be- that will impartially examine
commission OF which am member, and a true
Judgment give thereon, agreeably to the Consti-
tuition 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 or
gained it Shall not be in the power OF either
House to dissolve the same, or to withdraw any
OF its members; but if any such Senator or mem
Der shall die or become physically unable to per-
form the duties REQUIRED by this act, the fact Of
commission, before it shall proceed further, COM
municated to tie Senate or House of Representa-
tives. as the case may be, which body shall imme-
diately and without debate proceed by uiua roce
vote to fill the place so vacated and the person so
appointed shall take and subscribe the oath here
lnbefore prescribed, and become a member of
said commission and, in like manner, if any Of
said Justices OF the Supreme Court shall die OF be-
come physically incapable of performing the du-
ties required by this act. the other of said usti-
ces, members of the said commission, shall i'm
mediately appoint another Justice of said court a
member OF said commission, and, in such appoint
ments. regard shall be had to the impartiality and
freedom from bias sought by the original ap-
upon Immediately take and subscribe the oath
hereinbefore prescribed, and become member
Of said commission to fill the vacancy so occa-
stoned.
All the certificates and papers purportlng to be
certificates OF the electoral votes of each State
shall be opened in the alphabetical order of the
States, provided in section one of this act; and
when there shall be more than one such certif-
cate or paper, as the certificates and papers from
n In l1io atoc
OF the same return they shall be read by the tell
ers, and thereupon the President of the Senate
shall call Tor objections, ii any. Every objection
shall be made in writing, and shall state clearly
and concisely, and without argument, the ground
thereof and shall be signed by at least one Sena-
tor and one member OF the House of Representa-
tives before the same shall be received When
all such objections so made to any certificate,
vote, or paper from a State shall have been re-
ceiyed and read, all such certificates, votes, and
papers so objected to, and all papers accompany
be forthwith Submitted to said commission Sion
which shall proceed to consider the same with
the sans powers, If any, now possessed for that
together, and by majority of votes decide wheth-
er any and what votes from such State are the
votes provided for by the Constitution of the Un-a
ted States, and how maryland what persons were
duly appointed electors in such State, and may
therein take into view such petitions, deposit
tons and other papers, if any, as shall, by the
Constitution and now-eXisting law, be comp atent
and pertinent in such consideration; which deci-
sion shall be made in writing, stating briefly the
ground thereof, and signed by the members of
said commission agreeing therein; whereupon
the two houses shall again meet. and such deci-
sion shall be read and entered in the journal of
each house, and the counting of the votes shall
proceed in conformity Herewith, unless upon OBJ
lection made thereto in writing by at least five
Senator rs and five members of the House of Rep
resentatives. the two houses shall separately con-
cur in ordering otherwise, in which case such
concurrent order shall govern. No votes or pa
pers from any other State shall be acted upon I'M
til the objections previously made to the votes
disposed of.
SEC. g. That while the two houses shall be in
meeting, as provided in this act. no debate shall
be allowed and no question shall be put by the
presiding officer except to either House on mo-
lion to withdraw; and he shall have power to pre-
serve order.
SEC. 4. That when the two houses separate to
decide upon an objection that may have been
made to the counting OF any electoral vote or
votes from any State, or upon objection to re-
port OF said commission other question aris-
ing under this act, each Senator and Representa-
tive may speak to such objection or question ten
minutes, and not oftener than once; but after
such debate shall have lasted two hours it shall
ton without further debate
SEC s. That at such joint meeting of the two
houses seats shall be provided as follows: For the
the Speaker, imme diatey his left; the Senators
in the body OF the hall upon the right of the pre-
siding officer; for the Representatives, in the
body OF the hall not provided for the Senators;
Tor the tellers. Secretary of the Senate and Clerk
OF the House OF Representatives, at the Clerks
desk; for the other officers OF the two houses in
front of the Clerks 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
no recess shall be taken unless a question shall
have arisen in regard to counting any such votes,
or otherwise under this act in which case it shall
be competent for either House, acting separate
ly, in the manner hereinbefore provided, to d.
rect recess OF such House not beyond the next
day, Sunday excepted, at the hour of 10 O'Clock in
the forenoon. And while any question is being
considered by said commission, either House
may proceed with its legislative or other business,
SEC 6. That nothing in this act shall be held to
impair or affect any right now existing under the
Constitution and laws to question, by proceeding
IN the Judicial courts of the United States, the
right or title of the person who shall be declared
President of the United States, if any such right
exists.
AEC. I. That said commission shall make its
own rules. keep record of its proceedings and
Shall have power to employ such persons as may
be necessary for the transaction of its business
andthe execution OF its powers, - ~ Is
REPORT OF THE JOINT COMMITTEE ON COUNTING THE
ELECTORAL VOTE.
That they have considered the subject named in
said resolution, and have had full and free con-
ference with each other thereon, and now report
the accompanying bill and recommend its pas
sage. The substance of the bill embraces
First Provisions for the meeting of the two
general course of proceeding and the declaration
of the result.
Second Provisions for the disposition of the
questions arising in respect of States from which
only one set OF certificates have been received,
that each HOuSS shall consider the question. and