Year: 1877

physically incapable Of performing
the duties required by this act, the
others Of said Justices, members of the
said Commission, shall Immediately
appoint another Justice Of said Court,
member Of said Commission, and IN
such appointments regard shall be


had to impartiality and freedom from
bias sought by the original appoint
ments to said Commission, who shall
thereupon Immediately take and SUBJ
scribe to the oath hereinbefore de-
scribed, and become q member Of said
Commission to fill the vacancy 20 oc-
casioned. Ali the certificates and pa
pers purporting to be the certificates
Of the Electoral votes of each State
shall be opened in alphabetical order
of the States, as provided in Sec. of
this act, and when there shall be more
than one such certificate or paper
from such States, they shall so be op-
ened, and, excepting the duplicates OF
the same returning, they shall be read
by the tellers. and thereupon the Pres
ident of the senate shall call for OBJ
jections, If any. Every objection
shall be made in writing, and shall
state clearly and concisely and with
out argument the ground thereof, and
shall be signed by at least one Senator
and one member Of the House of Rep
rssentatives before the same shall be
received. When all such objections
so made to any certificate, vote, or pa
per from State shall have been re-
ceived and read, all such certificates,
votes and papers SO objected to and all
papers accompanying the same, to-
gether with such objections, shall be
forthwith submitted to the said Com
mission, which shall proceed to con-
slider the same with the same
powers, il any, now possess
sed for that purpose by the two
Houses, acting separately or together,
and by a majority of votes decide
whether any aud what votes from
such States are the votes provided for
by the Constitution Of the United
States, and how many and what per-
sons were duly appointed Electors in
such States, and may therein take in
to view such petitions, depositions, and
other papers, II any, rs shall by the
Constitution and now existing law be
competent and pertinent in such
considerations, which decision 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 desision
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 Senators and five members OF the
House of Representatives, the two
Houses shall separately concur in
ordering otherwise, in which case such
concurrent order shall govern. No
votes or papers from any other State
shall be acted upon until the objec-
tions previously made to the votes or
papers from one State shall have been
finally disposed of.


SEC. 3. 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, or q motion to withdraw, and
he shall have power to preserve order.


SEC. 4. That when the two Houses
separate to decide upon an objection
that may have been made to the coun-
ting any Electoral vote or votes
from any State, or upon objection to a
report Of the said Commission, or other
question arising under this act, each
Senator and Representatives 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 main question with
out further debate.


SEC. 5. That at such joint meeting
of the two Houses seats shall be pro-
vided as follows: For the President
of the Senate, the Speakers chair; for
the Speaker, Immediately upon his
left; for the Senators in the body of
the hall, upon the right of the presid-
ing officer; for the Representatives in
the body Of the hall not provided for
the Senators; for the tellers, Secretary
of the Senate, and Clerk Of the House
of Representatives, at the Clerk g desk;
for 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 dis
solved until the count of the Electoral
votes shall be completed and the result
declared, and no recess shall be taken
unless 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 separately. in the man.
ner hereinbefore provided, to direct
recess of such House not beyond the
next day, Sunday excepted, at the
hour oflO 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 Consti-
tuition and laws to question, by pro-
ceedings in the judicial courts of the
United States, the right or title of the
person who ssall be declared elected,
or who shall claim to be President or
Vice-President Of the United States,
if any such right exists.


SEC. Z. That said Commission shall
make its own rules, keep q record of
its proceedings, and shall have power
to employ such persons as may be
necessary for the transaction of its
business and the execution of its pow
ers.