Year: 1877

~ "hy sote VI 1saper Homs the state
Senate shall thereupon withdraw, and
such objections shall be submitted to the
Senate for its decision, and the Speaker OF the
house OF Representatives shall in like man
ner submit such objection to the House
Representatives for its decision, and no elec.
toral vote or votes from any State from which
but one return has been received shall be oh.
]ected to, except by Affirmative vote of the
two houses: When the two houses have voted
they shall Immediately again meet, and the
presiding officer shall then announce the de-
clslon OF the questions submitted; that it
more than one return or paper purporting to
be returned from any State shall have been
received by the President OF the State, pur-
porting to be certificates of the electoral votes
ident and Vice President in such State, then
these 1eturns 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 tnereupon be
submitted to the judgment and decision as to
which is the true and lawful electoral vote of
lows-namely: During the session Of such
house, on the Tuesday next preceding the
first Thursday in February, 1877, each house
shall, by a viva voce vote, appoint five OF its
members, who with five Associate Justices ct
the Supreme Court of the United States, to be
ascertained as hereinafter provided, shall con-
stitute committee tor the decision OF all
questions upon or in respect Of such double
returns named in this section. On the Tues
day next preceding the first Thursday in Feb
ruary, A. D. 1877, or as soon thereafter as
may be, the Associate 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 the majority OF
them shall deem fit, another OF the Associate
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 Commission.
The members of said Commission shall re-
spectively take and subscribe the following
oath: 81 do solemnly swear or affirm, as the
case may be, that will impartially examine
and consider all questions submitted to the
Commission of which am member, and a
true jud gment give thereon, agreeably to the
constitution and laws, 80 help me God"-
which oath shall be filed with the Secretary
OF State.


When it shall have been thus organized, 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 member
shall die, or become physically unable to per-
form the duties required by this act, the tact
of such death or physical inability shall be by
said Commission, before it shall proceed fur
tAACA W lut Cc1ldLc OE nOtlSe VI
Representatives, as the case may be, which
body shall Immediately, and without debate,
proceed by viva voce vote to fill the place
so vacated, and the person so appointed shall
take and subscribe the oath herein before pre-
scribed, and become a member of said Com
mission; and in like manner itany ofsaid JUS
tees of the Supreme Court shall die or become
physically incapable OF performing the duties
required by this act, the Others ofsaid Justices
members Of said ShQ11 o1iaf q
ly appoint another Justice Of said Court a
member of said Commission, and in such ap-
pointment regard shall be had to the impair
tlality and freedom from bias sought by the
original appointmentto to said Commission, who
shall thereupon Immediately take and sub.
scribe the oath herein before prescribed, and
become member OF said Commission to fill
the vacancy occasioned. All certificates and
papers purporting to be certificates otthe elect
oral votes Of each State shall be opened in al
phabetical order of the States, as provided in
Sec. of this act, and when there shall be
more than one such certificate or paper; as
the certificate and papers from that State,
they shall be so opened, excepting dupli-
Gates of the return which shall be used by
the tellers, and thereupon the Secretary OF
the Senate shall call for objections. Ii
any, every objection shall be made in
writing, and shall state clearly and con-
cisely and without argument, the ground
thereof, and shall be signed by at least one
Senator and one member of the House of Re-
representatives. before the same shall be receiv-
ed. When all such objections so made to any
certificate, vote or paper from State shall
have been received and read, all snch certi-
Gates, notes and'papers objected, to andall pa
pers accompanying the same, together with
such objections, shall be forthwith submitted
to said Commission, which, shall proceed to
consider the same with the same powers, if
any. now possessed for that purpose by the
two houses acting separately or together, or
by a majority OF votes decide whether any
and what votes from such States are the
votes provided for by the constitution of the
United States, how many and what persons
were duly appointed electors in such State,
and may therein take into view such petitions,
dispositions and other papers, if any, as shall
by the constitution and now existing law he
competent and pertinent in such considera-
ton, which decision shall be made in writing,
briefly stating the grounds thereof and signed
by members of said Commission agreeing
therein, whereupon the two houses shall
again meet, and such decision shall be read
and entered in the journal; of each house and
the counting OF the votes shall proceed in
conformity Herewith, unless upon objection
made thereto in writing by at least FIVE Sena-
preventative, the two houses shall separately
in which case such concurrent
order shall govern. No votes or papers
from any other State shall be acted upon un-
til the objections previously made to the votes
or papers from any State shall have been f.
naliy disposed Of; that while the two houses
no debate shall be allowed and no question
shall be put by the presiding officer, except
to either house, or to a motion to withdraw,
ana ne shall have power to preserve order !;
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 a report
under this act each Senator andre preventative
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 be the duty Of each House to put the
rain question without further debate; that
at such joint meeting of the two houses seats
shall be provided as follows: For the Presi-
dent of the Senate the Speakers chair for
the Speaker, Immediately upon his left; the
Senators in the body OF the hall upon the
right OF the presiding officers; tor the Repre-
seutatives in the body of the hall not provided
for the Senators; tor the Tellers, Secretary OF
the Senate and Clerk of the House of Repre-
sentati yes, the clerks desks for the other
officers OF the two houses, in front of the
oASA n uCoN3 aAAN pun C1Cn Sluc VI the
Speakers platform.


Such joint meeting shall not be dissolved
until the count of the electoral votes shall be
completed and the result declared, and no re-
cess Shall be taken unless question shall
have arisen in regard to the counting of any
such votes, or otherwise, under this act, in
which case it shall he competent for either
House acting separately, in the manner here
inbefore prescribed, to order recess Of such
House NOT beyond the next day, Sun
day excepted, at the hour OF 10 o'clock
in the forenoon and while any question is
House may proceed with its legislative or 9TH
er business. Nothing in this act shall be
held to impair or affect any right now existing
under the constitution or laws to question by
proceedings in the iudicial!cOurts of the United