AN ACT to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing March fourth, anno Domini eighteen hundred and seventy-seven.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Senate and House of Representatives shall meet in the hall of the House of Representatives, at the hour of one o'clock post meridian, on the first Thursday in February, anno Domini eighteen hundred and seventy-seven; and the President of the Senate shall be their presiding officer. Two tellers shall be previously appointed on the part of the Senate, and two on the part of the House of Representatives, to whom shall be handed, as they are opened by the President of the Senate, all the certificates, and papers purporting to be certificates, of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers having then read the same in the presence and hearing of the two houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted as in this act provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, and the names of the persons, if any, elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the journals of the two houses. Upon such reading of any such certificate or paper when there shall be only one return from a State, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the 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 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 rejected except by the 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 decision of the question submitted. SEC. 2. That if more than one return, or paper purporting to be a return from a State, shall have been received by the President of the Senate, purporting to be the certificates of electoral votes given at the last preceding election for President and Vice-President in such State, (unless they shall be duplicates of the same return,) 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 returns and papers shall thereupon be submitted to the judgment and decision as to which is the true and lawful electoral vote of such State, of a commission constituted as follows, namely: During the session of each house on the Tuesday next preceding the first Thursday in February, eighteen hundred and seventy-seven, each house shall, by viva voce vote, appoint five of its members, who with the five associate justices of the Supreme Court of the United States, to be ascertained as hereinafter provided, shall constitute a commission for the decision of all questions upon or in respect of euch double returns named in this section. On the Tuesday next preceding the first Thursday in February, anno Domini eighteen hundred and seventy-seven, 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 a 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 the president of said commission. The members of said commission shall respectively take and subscribe the following oath: "I, do solemnly swear (or affirm, as the case may be) that I will impartially examine and consider all questions submitted to the commission of which I am a member, and a true judgment give thereon, agreeably to the Constitution and the laws: so help me God;" which oath shall be filed with the Secretary of the Senate. When the commission 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 perform the duties required by this act, the fact of such death or physical inability shall be by said commission, before it shall proceed further, communicated to the Senate or House of 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 prescribed, and become a member of said con mission; and, in like manner, if any of said justices of the Supreme Court shall die or become physically incapable of performing the duties required by this act, the other of said justices, members of the said commission, shall immediately appoint another justice of said court a member of said commission, and, in

such appointments, regard shall be had to the impartiality and freedom from bias sought by the original appointments to said commission, who shall thereupon immediately take and subscribe the oath herein before prescribed, and become a member of said commission to fill the vacancy so occasioned. All the certificates and papers purporting to be certificates of the electoral votes of each State shall be opened, in the alphabetical order of the States, as provided in section one of this act; and when there shall be more than one such certificate or paper, as the certificate and papers from such State shall so be opened, (excepting duplicates of the same return,) they shall be read by the tellers, and thereupon the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one member of the House of Representatives before the same shall be received. When all such objections so made to any certificate, vote, or paper from a State shall have been received and read, all such certificates, votes, and papers so objected to, and all papers accompanying the sam, 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, and, by a majority of votes, decide whether any and what votes from such State are the votes provided for by the Constitution of the United States, and how many and what persons were duly appointed electors in such State, and may therein take into view such petitions, depositions, and other papers, if any, as shall, by the Constitution and now existing law, be competent and pertinent in such consideration; 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 decision shall be read and entered in the journal of each house, and the counting of the votes shall proceed in conformity therewith, 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 objections previously made to the votes or papers from any 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 on a 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 counting of any electoral vote or votes from any State, or upon objection to a report of said commission, or other question arising under this act, each Senator and Representative 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 without further debate.

SEC. 5. That at such joint meeting of the two houses, seats shall be provided as follows: For the President of the Senate, the Speaker's chair; for the Speaker, immediately upon his left; the Senators in the body of the hall upon the right of the presiding 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's desk; for the other officers of the two houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a 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 manner herein before provided, to direct a recess of such house not beyond the next day, Sunday excepted, at the hour of ten 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 Constitution and laws to question, by proceeding in the judicial courts of the United States, the right or title of the person who shall be declared elected, or who shall claim to be President or Vice-President of the United States, if any such right exists.

SEC. 7. That said commission shall make its own rules, keep a 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 powers.

Approved, January 29, 1877.

ORGANIZATION OF THE ELECTORAL COMMISSION.

Under the provisions of the second section of this act, each house of Congress on Tuesday, January 30, proceeded by viva voce vote to desig nate five of its members to be members of the Electoral Commission

therein provided for, and the following-named gentlemen were selected by their respective houses:

Senators Edmunds, Frelinghuysen, Morton, Thurman, and Bayard. Representatives Payne, Hunton, Abbott, Hoar, and Garfield.

On the same day, the Associate Justices of the Supreme Court of the United States, designated in the act, met and selected Associate Justice Joseph P. Bradley to be a member of the Commission, thus completing its constitution, which fact was communicated to both houses of Congress on the morning of the 31st of January.

WEDNESDAY, January 31, 1877.

The members of the Commission appointed for the decision of certain questions relating to the counting of the electoral votes for the offices of President and Vice-President of the United States, under an act entitled "An act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877," approved January 29, 1877, met in the Supreme Court room at the Capitol, at eleven o'clock in the forenoon, this 31st day of January, 1877.

Present: Mr. Justice Clifford, Associate Justice assigned to the first circuit; Mr. Justice Miller, Associate Justice assigned to the eighth circuit; Mr. Justice Field, Associate Justice assigned to the ninth circuit; Mr. Justice Strong, Associate Justice assigned to the third circuit; Mr. Justice Bradley; Senators Edmunds, Morton, Frelinghuysen, Thurman, and Bayard; Representatives Payne, Hunton, Abbott, Garfield, and Hoar.

The appointment on the Commission of Associate Justice BRADLEY by the other four Associate Justices of the Supreme Court above named was presented and read, as follows:

Hon. JOSEPH P. BRADLEY,

Associate Justice of the Supreme Court of the United States:

Pursuant to the provisions of the second section of the act of Congress entitled "An act to provide for and regulate the counting of votes for President and VicePresident, and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877," approved January 29, 1877, the undersigned, Associate Justices of the Supreme Court of the United States assigned to the first, third, eighth, and ninth .circuits, respectively, have this day selected you to be a member of the commission constituted by said act.

Respectfully,

NATHAN CLIFFORD.
SAM. F. MILLER.
STEPHEN J. FIELD.
W. STRONG.

WASHINGTON, January 30, 1877.

The certificate of the appointment of the Senators above named as members of the Commission was read, as follows:

IN THE SENATE OF THE UNITED STATES,

Tuesday, January 30, 1877.

The Senate proceeded in compliance with its order of this day to the appointment by viva voce vote of five Senators to be members of the Commission provided for in the act entitled "An act to provide for and regulate the counting of votes for Presi dent and Vice-President, and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877," approved January 29, 1877; and

On taking and counting the votes it appeared that the following Senators were duly and unanimously chosen members of the said Commission, namely: Mr. George F. Edmunds, Mr. Oliver P. Morton, Mr. Frederick T. Frelinghuysen, Mr. Allen G Thurman, and Mr. Thomas F. Bayard.

Attest:

GEO. C. GORHAM, Secretary.

The certificate of the appointment of the Representatives above named as members of the Commission was read, as follows:

FORTY-FOURTH CONGRESS, SECOND SESSION,

CONGRESS OF THE UNITED STATES,

IN THE HOUSE OF REPRESENTATIVES, January 30, 1877.

The House of Representatives, by a viva voce vote, appointed Mr. Henry B. Payne, of Ohio; Mr. Eppa Hunton, of Virginia; Mr. Josiah G. Abbott, of Massachusetts; Mr. George F. Hoar, of Massachusetts, and Mr. James A. Garfield, of Ohio, members of the Commission on the part of the House of Representatives provided for in the act approved January 29, 1877, entitled "An act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877."

Attest:

[SEAL OF THE HOUSE OF REPRESENTATIVES.]

GEORGE M. ADAMS, Clerk.

Associate Justice Clifford having made oath, as required by the said act, before the clerk of the Supreme Court of the United States, and the same having been filed with the Secretary of the Senate, the other members of the Commission severally took and subscribed before Mr Justice Clifford the oath required by the act, and the Commission was organized and called to order, Associate Justice Clifford presiding. On motion of Mr. Commissioner THURMAN, it was

Resolved, That a committee of two Justices, two Senators, and two Representatives be appointed to consider and propose such rules of proceeding, and officers and employés as may be proper for the Commission, the committee to be appointed by the President.

The PRESIDENT appointed Commissioners Edmunds, Bayard, Field, Payne, and Hoar as the committee.

On motion of Mr. Commissioner HOAR, it was

Resolved, That the President appoint a temporary clerk until the committee above appointed report.

The President appointed James H. McKenney temporary clerk to the Commission.

On motion of Mr. Commissioner HOAR, it was

Resolred, That the proceedings of the Commission, until otherwise ordered, be considered confidential, except as to the fact of the organization.

The certificates of the oaths of the members of the Commission were delivered to the clerk, who was directed to file them with the Secretary of the Senate.

On motion of Mr. Commissioner EDMUNDS, the Commission adjourned until four o'clock p. m.

The Commission met at four o'clock p. m., pursuant to adjournment. Present all the members.

The report of the Committee on Rules was presented by Mr. CommisEdmunds.

On motion of Mr. Commissioner BRADLEY, the rules reported were considered seriatim, and, after being amended, were adopted as follows, namely:

RULE I. The Commission shall appoint a secretary, two assistant secretaries, a marshal and two deputy marshals, a stenographer, and such messengers as shall be needful; to hold during the pleasure of the Commission.

RULE II. On any subject submitted to the Commission a hearing shall be had, and counsel shall be allowed to conduct the case on each side.

RULE III. Counsel, not exceeding two in number on each side, will be heard by the Commission on the merits of any case presented to it, not longer than two hours being allowed to each side, unless a longer time and additional counsel shall be specially authorized by the Commission. In the hearing of interlocutory questions, but one counsel shall be heard on each side, and he not longer than fifteen minutes, unless the

Commission allow further time and additional counsel; and printed arguments will be received.

RULE IV. The objectors to any certificate or vote may select two of their number to support their objections in oral argument and to advocate the validity of any certificate or vote the validity of which they maintain; and in like manner the objectors to any other certificate may select two of their number for a like purpose; but, under this rule, not more than four persons shall speak, and neither side shall occupy more than two hours.

RULE V. Applications for process to compel the attendance of witnesses or the production of written or documentary testimony may be made by counsel on either side. And all process shall be served and executed by the marshal of the Commission or his deputies. Depositions hereafter taken for use before the Commission shall be sufficiently authenticated if taken before any commissioner of the circuit courts of the United States, or any clerk or deputy clerk of any court of the United States.

RULE VI. Admissions to the public sittings of the Commission shall be regulated in such manner as the President of the Commission shall direct.

RULE VII. The Commission will sit, unless otherwise ordered, in the room of the Supreme Court of the United States, and with open doors, (excepting when in consultation,) unless otherwise directed.

On motion of Mr. Commissioner HOAR, the President of the Commission was requested, on consultation with Commissioners Edmunds and Payne, to nominate officers to the Commission.

On motion of Mr. Commissioner GARFIELD, the Committee on Rules were authorized to report rules to regulate the order of business of the Commission.

On motion of Mr. Commissioner FRELINGHUYSEN, the Commission adjourned until to-morrow at eleven o'clock a. m.

THURSDAY, February 1, 1877.

The Commission met for consultation at eleven o'clock a. m.; and, on motion of Mr. Justice CLIFFORD, the following-named gentlemen were selected as officers of the Commission:

Secretary-James H. McKenney.

Assistant Secretaries—B. E. Cattin and George A. Howard.

Marshal-William H. Reardon.

Deputy Marshals-Albert S. Seely and J. C. Taliaferro.
Stenogropher-D. F. Murphy.

On motion, the Commission adjourned till three o'clock p. m., after having sent the following communications to the respective Houses of Congress, which were there read and ordered to be placed on their journals:

WASHINGTON, D. C., February 1, 1877.

SIR: I have the honor to inform the Senate that the Commission constituted under the act of Congress approved January 29, 1877, entitled "An act to provide for and regulate the counting of votes for President and Vice-President, and the decision of questions arising thereon, for the term commencing March 4, A. D. 1877," has met and (the members thereof having taken and subscribed the oath prescribed by law) organized, and is now ready to proceed to the performance of its duties.

Very respectfully, yours,

To the PRESIDENT OF THE SENATE.

NATHAN CLIFFORD,
President of the Commission.

WASHINGTON, February 1, 1877.

SIR: I have the honor to inform the House of Representatives that the Commission constituted under the act of Congress approved January 29, 1877, entitled "An act to provide for and regulate the counting of votes for President and Vice-President, and