Year: 1877

Special dispatch to the Philadelphia


WASHINGTON, December %.


Senator Bayard has uneartbed new
contribution to the election literature
which may play an important part in
the settlement OF the present contest. 1t
is bill which the Senate of the United
States passed toward the close of the first
session of the Sixth Congress, in March,
1900, when the long contest which ended
in the election OF Jefferson was agitating
the country. AS will be seen, it shows
that the Senators Of that day, some OF
whom helped TO frame the Constitution,
held that The President Of the Senate had
no authority to count the vote. and that
Congress had the right to 20 behind the
returns. II also proposed way out oi
such contest as is now pending. The
bill never went to the House. Iester-
day the Senate committee of seven de-
eided to reprint it, and it may be offered
again as measure of procedure IN Presi-
dential elections.


The first section Of the bill provides
that on the day before the second We'd
nesday of February following the day
when the electors shall have voted Tor
President ar Vice President, it shall be
the duty OF the Houses to select by ballot
six members of each, who, with the Chief
Justice or Judge Of the Supreme Court,
shall be grand committee, to decide dis
putes with regard to the Presidency. No
person who is among the five highest
candidates for the Presidency is permit
ted TO serve upon the committee, and the
Supreme Court is required to be in ses-
sion while the committee is delibsratlng.
1t is further provided that each house
shall chose members thereof to serve as
telIers. The President OF the Senate Is
required to deliver to the chairman OF
the grand cumuiittee, after its
organization, all the certificates
presented by the electors, and
all the documents transmitted
by them, and all the exceptions or me
MORALS against the votes Ut the electors.
The mode Of filing vacancies in the
grand committee By the two houses or
the Supreme Court is fixed, and ample
power given to compel the attendance Of
witnesses. the production Of documents
and TO punish Tor contempt or perjury.
The grand committee is given power to
"examine, decide and report upon the
constitutional qualifications OF the per
sons voted for as President and Vice
President of the United States, upon the
constitutional qualifications of the electors
appointed by the different States and
whether their appointment was authorized
by the State Legislature or not,
OF made according to the mode
prescribed by the Legislature, upon
all petitions and exceptions against
corrupt, illegal conduct of the electors,
or torce, menances or improper means
used 10 influence their votes, or against
the truth of their returns; or the time
place and manner OF giving their votes"
The grand committee, It is further pro-
vided, shall make its final report TO the
two Houses on or before the first day OF
Msrch, stating the legal number Of votes
for each person a+d which have teerse-
jected, the report TO be final and concIu-
sive OF the question. The day after the
report Of the committee, the two Houses
are to meet in joint convention and de-
clare who is elected, and if there be no
election, to elect President as the Con-
stitution directs.