The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-03-28
House.

question of the objectional Vermont elector.
The Democratic majority was divided on many
of the votes. n sufficient number voting with
the Republicans to carry the different motlons
made or defeat them as was desired. A nara
fight was made to pass q resolution demanding
that Mr.. Hewitt's Vermont package be opened
in Joint convention, the object being to get the
State referred to the Electoral commission, and
give Mr.. Field an opportunity to offer MS quo
,rdrTantO bill. .
The DISPUTED elector case in the State Of
Vermont held the boards from ten A. NJ;
through a continuous session or twelve ana
thrce-0uarter hours, and at ten minutes before
eleven O'Clock the Speaker said he had given
the House all possible license under a liberal
construction of parliamentary I'll es. The only
thing in order was to notify the Senate and go
no with the count. ,
Wisconsin having been objected to in joint
convention, the amendment offered by Mr.Cas
well, of Wisconsin, that the vote OF W DC
counted. was rejected at $3.50 A. M.-yeaS, ~ ;
, nays, 1876. The original proposition that 1T be
not counted was then agreed to by the House
without division.
4 Number of resolutions to discharge Mcssrs.
Wells. Anderson. Casenave and kenner, MEM
bers of the Louisiana returning board, who are
in custody of the House, were ncSatlved.
Mr.. Fled (Dem.), of New York, from the
select committee on privileges, reported a blll
| u DTONlQC AL CItCClltdl lSulSb ~ c'SN
intrusion into the Office of President and VICE
President. The bill was read as follows:
1t provides that when any person ,ntrudcs
into or without due election holds or exercises
the Office of President or Nicc-presldent, his
| title to the office and the title Of any claimant
thereto may be tried and determined by an ac-
ton in the nature Of quo ~rd,Tdnt". The acton
may be brought in any circuit court OF the
| United States. and shall be tried by a jury, or
by the court, if n jury trial be waived. The
trial is to be commenced within ninety days
| after tie service of the luminous The court
shall inquire whether electoral yotss were
cast by the persons duly appointed IN the
manner directed by the State Legislature,
and shall receive evidence tending to show
the forgery, falsehood or invalldlty OF any
certificates of any governor, canvasscr or
| other officer. The court is to reject the votes
of all persons ineligible at the time of their al
legged appointment or incapacitatcd at the time
| of casting their votes, and the court must in
| y~estigatc auv other fact necessary TO a Judg-.
ment of the rights of the parties, and judg-
mcnt is to be rendered within ten days after the
verdict of the jury. If the defendant be adj
judged not entitled to the office he shall be eN-
cludcd from it, and if the claimant be adjudged
entitled to it. he shall Immediately enter on
the duties of the Office. Appeal may be taken
to the supreme court Of the United States
within ten days of the notice of the Judgment,
and the Judgment shall not DO executed until
the decision of the appeal. And if the supreme
court be not i'll session WREN that appeal Is
taken, it shall be immediately convened by the
chief justice. Execution of the Judgment may
be enforced by n proper writ issued to any mar
shall of the United States.
Mr.. Field proposed to explain the bill and to
argue in support of its constitutionality and its
c1pcdiclcv. The bill, he argued, would bring
Cancellation for the present and safety for the
future.
The bill was reicctcd-yeas &C, nays 90.
Mr.. Tucker (Dem.). of Virginia, offered a
resolution directing the sergeant-at-arms to
discharge all persons now IN his custody.
Adopted.
On motion of Mr.. Holman (Dcm.(, Of 1ndi-
ana, the Senate amendments to the Civil Sun.
dry bill were non-concurrcd III.
Mr.. Rice (Dem.), of Ohio, moved to suspend
the rules and pass the bill providing that all
pensions granted on account of death, wounds
or disability, that have been or may be granted,
shall take effect from the date of death or OF
discharge from service, and that basis shall be
paid. Tho motion was agreed to. and the bill
passed by q ricd uoce vote.
Mr.. Knott (Dem.), of Kentucky, chairman of
the select committee on the privileges OF the
House, reported a preamble and resolution re-
citing that it was not disputed that 1874 votes
giving the names Of the several States) had
been legally and constitutionally cast for Sam
uel J. Tildcn that the evidence taken and re-
ported to the House in pursuance of its order
showed conclusivclv that in Florida and Louisi-
ana the duly appointed electors had cast their
votes for Tildcn and therefore resolving that
it is the duty of this.Housc to declare, and that
it does solemnly declare, that Samuel J. Til
den, of the State of New York, received 196
electoral votes for the Office Of President
of the United States, all of which votes
were cast. and lists thereof signed, ccrti-
fed, and transmitted to the seat of govern
ment, directed to the president of the Senate,
in conformity with the Constitution and laws of
the United States, by electors legally eligible
and qualified as such, each of whom had been
duly appointed an elector in the manner direct
ed by the Legislature of the State, and for
which he cast his vote and that said Samuel
J. Tilden, having thus received the votes OF a
majority of all the votes of electors appointed,
was thereby duly elected President of the United
States of America for the term of four years
commencing on the fourth of March, 1877 and
further declaring that Thomas A. Hendricks,
Of Indiana. having received the same number
Of electoral votes for the Office of Nlcc-IrcSl-
dent, it is the opinion of the House that he was
duly elected Nice-Prcsident for the term of four
years commencing on the fourth of March,
1877. The resolution was adopted by q strict
party votc-l37 to So.
Mr.. Field CDcm.), Of New York, from the
Select committee on privileges, reported q reso-
luton declaring, after a long preamble, that in
the counting of the electoral votes Of any State
it is the right and duty of Congress and vi
this House to inquire whether any votes pdr-
porting to COM from a State have been cast
by persons duly appointed by that State, and for
that purpose to receive evidence of the forgery,
falschood Or invalidity of any certificate of any
governor or canvasserS. Adopted.
The Snpafp o,pepdO1oDtg fO the ARMY ANDrO-
priation bill were non-concurred in, and 4 con-
ference committec-Mcssrs. Atkins (Tenn.),
Wells (No.). and Foster (Ohio)-appointed.
The report of the committee on the Post
office Appropriation bill was agreed to.
Mr.. Ellis (Dcm.), Of Louisiana, moved to
suspend the rules and pass the bill appropria-
ting "a. 2O2, 900 for repairing the leyce of the
Mississippi river. Defcated-yeas, 70; nays. lis.
The committee OH rules reported the amend
mcnt to rule twenty-five, to he reported to the
House, which gives the clerk of tho House,
pending the election of a speaker, the same
powers that the speaker possesses in preserving
order and deciding questions of order. The
amendment was adopted
Mr.. Clymer Oem.), Of Pennsylvania, said
that, considering all the circumstances, it was
the part of wisdom for the House to recede
from its action reducing the salary Of the
President, and not. to insist. lie made that
motion, and it was agreed to. SO the Presi-
nent's salary remains at $50, 1000, and the Appro-
priation bill was passed.
Mr.. House (Dem.). of Tennessee, moved to
suspend the rules and pass the Senate bill to
paw Perez Dickinson of Tennessee s3S, 900 for
cotton used by Gen. Burnside's corps in the
Notifications around Knoxville. Tho yeas and
nays were ordered and r~esulted-yeas, LAG
nays, 6G. SO the bill was passed.
The House soon after adjourned and the
fOrtv-fOUrth session closed.
FORTY.FIFTH CONGRESS.