Year: 1877

read the same In the presence an
hearing of the two Houses, shal
make list of votes as they shal
appear from the said certificates, aa'
the votes having been ascertaine'
and counted, as in this act provided
the result OF the same shall be de
livered to the President of the Sen
ate, who shall thereupon announces
the state of the vote and the names
of the persons IF any elected, which
announcement shall be deemed ;
sufficient declaration of person.
elected President and Vice Presi
dent of the United States, and, to
gether with list OF the votes, be
entered on the journal of the two
Houses. Upon such reading of any
such certificate or paper. when there
shall be only one return from 9
State. the President of the Senate
shall call for objections, if any. Ev
cry objection shall be made in writ
ing, and shall state clearly and con.
ciseiy, and without argument, the
ground thereof, and shall be signed
by at least one Senator and one
member of the House of Represen.
tatiyes before the same shall be re-
ceived. When all objections so made
to any vote or paper from any State
shall have been received and read.
The Senate shall thereupon withdraw.
and such objections shall be submit.
ted 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 except by the affirmative vote of
the two Houses. When the two
Houses have voted. they shall inn
mediately again meet, and the pre-
siding officer shall then announce the
decision of the question submitted.


SEC. 2. That if more than one re-
turn or paper purporting to be the
return from any State shall have
been received by the President of
the Senate, purporting to be certifi-
Gates of the Electoral votes given at
the last preceding election for Pres
ident and Vice-President in such
State, unless they shall be dupli-
Gates Of the same returns, 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 re-
turns and papers shall thereupon be
submitted TO the Judgment and de-
cision, as to which is the true and
lawful Electoral vote of such State,
of Commission constituted as fol-
lows, namely: During the session
of such House on the Tuesday next
preceding the first Thursday in Feb
ruary, 1877, each House shall by vi
va voce vote appoint five Of its mem.
bers, who, with Ave Assioeia c Justi-
ces of the Supreme Court of the Uni
ted States, to be ascertained as
hereinafter provided, shall constitute
a 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, 1877. or
as soon thereafter as may be, the
Associate Justices OF the Supreme
Court Of the United States now as
signed to the First, Third, Eighth
and Ninth Districts shall select, in
such manner as q majority OF them
shall! deem ct, another Of the Asso-
ciate justices of said Court, which
five persons shall be members of the
said Commission, and the person
longest in commission of the said
Justices shall be President of said
Commission. The members of said
Commission shall respectively take
and subscribe to tha following oath !:
u (hlank) do solemnly swear (or af-
firm, as the case may be) that [ will
impartially examine and consider
all questions submitted So the Com
mission of which 1 am member,
and a true judgment give thereon,
agreeable to the constitution and
laws, so help me God" which oath
shall be flied with the Secretary Of
the Senate. When the Commission
shall have been thus organized. it
sllall net be in the power of either
house to dissolve the same or to
withdraw any of it's members but
if any such Senator or member shall
die or become physically unable to
perform the duties required by this
set. the fact OF such death or physi-
cal disability shall be by said Com
mission, before it shall proceed fur
ther, communicated to the Senate or
the House of Representatives, as the
case may be. which body shall inn
mediateIy and without deoate pro-
ceed by viva voce vote to fill the
place SO vacated, and the person so
appointed shall take and subscribe
to the oath hereinbefore prescribed,
and shall become memfer Of said
Commission and, IL like manner, ii
any of the said Justices OF the Su-
preme Court shall die. OF become
physically Incapable of performing
tha d9tiss required by this act, the
others OF said Justices. members oi
the said Commission. shall immedi


ately appoint another Justice of said
Court member of said Commission,
and in such appointments regard
shall be had to impartiality and free
dom from bias sought by the origin.
al appointments to said Commission,
who shall thereupon Immediately
take and subscribe to the oath here
inhefore described, and become a
member of said Commission to fiji
the vacancy so occasioned. All the
certificates and papers puTpoFt;ne
to be certificates Of the Electoral
VGtes Of each State shall be opened
in alphabetical order of the States
as provided in Section l of this act
and when there shall be more thar