The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-01-03
,,,,c,, :, relats,, q tbose principIca,'' and

i much as related to those principles, J" ana
proposed a substitute. 80
Mr. John Nicholas, of Virginia, after
Esome additional debate which is NOT report.
led expressed d desire for further in1orma-
ltion on the subject, md moved that Lne
lComnaittee OF the Whole SHOULD re@ 11r
ltiiat day. ON the next day ME. Jenn Ian Y
dolph, OF Virginia fJohn kando!p1 ~, .gi
lRoanokel, moved TO amend the senate p.ll
by providing tina. the grand commi nas
i should be chosen by lot instead OF bai!ot.
i Mr. Nicholas, after animadyerhng on the
/ ,Inconstitutionality OF the bill, moved 10
strike out the whole OF the first section.
/ Mr.. Marshall nrgued against the amend
meIat and Nit. Randolph in Its favor, WtlereeSs
Iupon the committee rose. On the next DAY
Mr.. Joseph III. Nicholson, of Maryland,
moved that the bill be postponed till the nrst
Monday in December next. Messrs. Robert
| Gooiloe Harper of South Carolina, Samuel
". Dana OF Connecticut, John Rutledge,
;Jr.. ol!South Carolina and John Marshall, OF
Virginia, argued against the motion; which
was decided In the negatiye-yeas, AZ ;
NAYS. 52-the Republicans voting In the
affirmative and the Feaeralists in the mega
tive. -.
/ lon the 2l6t OF April the blu Wao ,ieAeAA ca
/ to special committee OF seven members,
lwho subsequently reported the bill, with
amendments to the first section, as lot-
lows: z.-'
iuThat on the - next following the day
when President and Vice-President snail
have been voted for by electors 1t shall be
the duty OF the Senate and House Of Repre-
sentatiyes to choose by ballot in each house
four members thereof; and that the persons
thus chosen shall form a joint committee,
and shall have power to examine into all
disputes relative to the election OF President
and ice-President OF the United States,
other than such as may relate to the num-
Der Of votes by which electors may have
been appointed"
The opponents Of the amended bill moved
ON NAV Ist to strike out this section. and
thus kill the operative part OF the measure.
The motion was lost-yeas, Al; nays, ~.
The eighth section OF the bill rs amended
by the committee provided that in all ques-
tions arising under the report Of the joint
. committee, "is the two houses have con-
CURED in rejecting the vote OF votes OBJ
iected to, such vote or votes shall not be
counted; but unless both houses concur
such vote or votes shall be counted"
After further discussion the bill, as
amended by the special committee and as
further amended by the House, was passed
in the House on the I'd OF May--yeas. 81;
NAYS, 81. Among those voting in the affirm
alive are the conspicuous names of james
A. Bayard, OF Delaware; Robert Goodloe
Harper, of South Carolina; Henry Lee, OF
virginia; John Marshall, Of Virginia; and
Thomas Pinckney, of South Carolina.
Among those voting in the negative are the
conspicuous names Of Albert Gallatin, OF
Pennsylvania; Nathaniel Macon, OF North
Carolina; and John Randolph, OF Roanoke.
JURISDICTION OF CONGRESS.
It does not need to be said that by the
passage of such bill through both houses
!" prescribing the mode. of deciding dis
| puted elections Of President and Vice-Pre-
sident," both houses Of Congress OF the
United States undoubtedly assumed para
mount Jurisdiction over the subject in some
of its aspects. The ministerial functions OF
the Vice-President were defined to be such
as the houses prescribed to him in the pre-
misses after he had performed the single
function defined by the Constitution-that
of "opening all the certificates" In all
other respects the Vice-President was held
to be the minister Of the houses !;
and the Vice-President at that juno
ture was none other than Thomas
Jefferson. The opponents of the bill re-
sisted its passage on the assumption that
neither the Vice-President nor the houses
of Congress had any power in the premises,
except the power Of the former to open the
certificates Of the electors and the power OF
the latter to count the electoral votes. All
disputed questions were, they said, RENTED
to the decision of the Electoral Colleges in
the respective States, or to the Legislatures
OF the States. The supporters OF the bill,
on the other hand, maintained its rightfui-
ness on the assumption that Congress had
lawful and necessary jurisdiction Of certain
disputed questions which might arise with
regard to the .admissibility OF any electoral
vote or votes. This theory prevailed in
both houses at the time under review.
| But the two houses, though each COM
prising a majority OF the same political
party, differed as to the details OF their iu-
risdiction. The House bin provided that
DO electoral vote should be rejected except
| by the concurrent vote OF both houses.
When this bill went back to the Senate it
was amended so as to read that concurrent
vote OF both houses should be required for
the admission of any electoral vote or votes.
| This amendment was passed in the Senate on
May Sth-yeas, Is; nays, II. And when
the bill, with this amendment among others,
was sent back to the House for concurrence,
the House, On the recommendation Of Mr..
Harper and of Mr.. Bayard, refused its con-
currence, and, each house adhering to its
views in the premises, the bill fell through
for that session, and was never revived.
THE VOTE OF 1901.
And so it came to pass that the counting
of the electoral votes III 1901, at the close Of
the contest between John Adams and
Thomas Jefferson, was left unregulated by
any law. When the time was near at hand
for the meeting Of the two houses to per-
form its constitutional duties in the premi-
ses MIR. John Rutledge, Jr., OF South Caro-
lima, offered the following resolution, which
was adopted by the House Of Representa-
tives two days afterwards:
s'ReSoIUed, That a committee be ap-
pointed on the part of the House, jointly
with committee on the. part OF the Senate,
to ascertain and report q mode Of examining
the votes for President and Vice President,
and OF notifying the, persons elected of their
election, and to regulate the time, place, and
manner. OF administering the oath Of Office
to the President" - = y
The Senate concurred, and appointed
Messrs. Gouyerneur Morris, OF New, y ork !;
Tracy, Of Massachusetts; and Bingham, of
Pennsylvania, as the members Of the Joint
committee on its part. D;,ss !. .e,4tlsr..l .s.-
On the following 9th OF February Mr..
Morris reported to the Senate that this
committee had not been able to come to any
agreement, and on the same day the Senate
passed the following resolution: l.-,.,
.sResolUed, That the Senate will be ready
to receive the House of Representatives in
the Senate chamber on Wednesday next at