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lature may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in congress,

Therefore, In accordance with the provisions of the constitution and the laws of the United States, and by virtue of the authority vested in me, and in order to save all questions of the eligibility of such officer, I, Silas Garber, governor of the State of Nebraska, do issue this, my proclamation convening the legislature in special session, at Lincoln, the capital of this state, at the hour of 3 o'clock P. M., the fifth day of December, A. D. 1876, for the purpose of appointing, in such manner as the legislature may direct, an elector of president and vice-president of the United States of America, to fill said alleged vacancy, and also for the purpose of canvassing the vote of representative in congress, and the state officers.

In testimony whereof, I have hereunto set my hand

and caused to be affixed the great seal of the State
(SEAL.] of Nebraska, this the fifth day of December, in

the year of Our Lord one thousand eight hundred
and seventy-six.

SILAS GARBER,

Governor.

By the governor,
BRUNO TZSCHUCK,

Secretary of State.

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The members of the senate of the State of Nebraska, assembled in accordance with the foregoing proclamation, at 3 o'clock P. M., in the senate chamber, and were called to order by the president.

The roll was called and there were present :

Messrs. Burr, Chapman, Fisher, Hoyt, Lamaster, Lyon, and
Mr. President-7.

Absent-
Messrs. Abbott, Bear, Perky and Rustin--4.

The proclamation of the governor, convening the special session of the legislature, was read by the secretary.

On motion of Mr. Lamaster, a committee of three, consisting of Messrs. Lamaster, Fisher and Hoyt, was appointed to wait upon the house and inform that body that the senate was organized and ready for business.

The following message was received from the house, by Geo. L. Brown, its chief clerk.

HOUSE OF REPRESENTATIVES,

December 5, 1876, 4 o'clock, P. M. Mr. President :

I am directed by the house to inform your honorable body that it has passed the following resolution.

GEO. L. BROWN,

Chief Clerk, H. R.

HOUSE RESOLUTION.

WHEREAS, It appears by the proclamation of the governor that there is a question raised as to the eligibility of Amasa Cobb, at the time he was elected to the office of elector of president and vice-president of the United States,

Resolved, by the House of Representatives of the State of Nebraska, That the senate be and is hereby invited to meet this house in their hall, in joint convention, immediately after the adoption of this resolution, for the purpose of electing an elector of president and vice-president of the United States, to fill such alleged vacancy..

On motion of Mr. Burr, a committee, consisting of Messrs. Lyon and Fisher, was appointed to act with a like committee on the part of the house, to notify the governor that the legislature was in session and ready to receive any communication he might desire

to make.

Mr. Burr offered the following resolution, which was read :

SENATE RESOLUTION.

WHEREAS, The house of representatives have requested the senate to meet them in their hall for the purpose of designating an elector to fill the vacancy caused by the claimed ineligibility of Amasa Cobb for said office; therefore,

Be it resolved, That the senate do now proceed to meet the house in joint convention for the purpose of electing an elector, in accordance with the said resolution of the house of representatives.

Mr. Chapman moved that the rules be suspended and the resolution put upon its passage, which was agreed to.

A majority of the senators voting therefor, the resolution was adopted

A committee from the house, consisting of Messrs. Moudy, Fischer and McKillip, appeared and notified the senate that the house was ready to meet the senate in joint convention.

On motion,

The senate proceeded in a body to the house of representatives, to meet in joint convention with that body.

JOINT CONVENTION.

The convention was called to order by the president of the senate,

The roll of the senate was called by its secretary, and there were present:

Messrs. Burr, Chapman, Fisher, Hoyt, Lamaster, Lyon and Mr. President-7.

Absent-
Messrs. Abbott, Bear, Perky and Rustin—4.

The roll of the house was called by its chief clerk, and there were present :

Messrs. Anyan, Baumer, Clark, Cornell, Crawford, Davidson, Enyart, Fischer, Folda, Farley, Gaylord, Haney, Hastings, of

Lancaster, Hastings, of Saline, Hayden, Helmer, Hendershot,
Holmes, McKillip, Moudy, Munn, Murphy, Olinger, Raper, Rouse,
Somers, Tomlin, Weidensall and Mr. Speaker-29.

Absent-
Messrs. Baker, Lucas, Nance, Pinney, Roll and Seeley—6.

The following message was received from the governor, by L. E. Cropsey, bis private secretary.

EXECUTIVE OFFICE,

LINCOLN, December, 5, 1876.

Gentlemen of the Senate and House of Representatives :

You are assembled for the purpose indicated in my proclamation of this date convening the legislature on the fifth day of December, A. D. 1876, which is as follows:

WHEREAS, The constitution of the State of Nebraska provides that “the governor may on extraordinary occasions convene the legislature by proclamation, stating therein the purpose for which they are convened, and the legislature shall enter upon no business except that for which they were called together"; and

WHEREAS, The question of the eligibility of Amasa Cobb, who received a majority of the votes cast for the office of elector at the late election, has been raised; and

WHEREAS, The constitution and laws of the United States provides that each state shall appoint, in such manner as the legislature may direct, a number of electors equal to the whole number of senators and representatives to which the state may be entitled in congress,

Therefore, In accordance with the provisions of the constitution and the laws of the United States, and by virtue of the authority vested in me, and in order to save all question of the eligibility of such officer, I, Silas Garber, governor of the State of Nebraska, do issue this, my proclamation convening the legislature in special session, at Lincoln, the capital of this state, at the hour of 3 o'clock P. M., the fifth day of December, A. D., 1876, for the purpose of

appointing, in such manner as the legislature may direct, an elector of president and vice-president of the United States of America, to fill said alleged vacancy, and also for the purpose of canvassing the vote of representative in congress and the state officers.

You will take such action in the premises as your honorable body may deem advisable.

SILAS GARBER,

Governor.

Mr. Holmes moved that the convention proceed to the election of a presidential elector to take the place of Amasa Cobb, and that the election be viva voce.

Mr. Crawford rose to a point of order, which was as follows :
Point of order raised by Mr. Crawford :

First, That this body has no knowledge of any vacancy in the office of electors, and has no power to fill any vacancy.

Second, The laws of Nebraska, which have never been repealed, require the presidential electors to be elected by the people on the 7th day of November ; that the joint resolution, under which this body proposes to appoint an elector, is void, for the reason that it was not read at large on three separate days, as required by the constitution of this state, nor does it repeal the existing law providing for the election of electors.

The chair decided the point of order raised by Mr. Crawford to be not well taken.

Thereupon the motion of Mr. Holmes was agreed to.

Mr. Hastings, of Lancaster, placed in nomination Amasa Cobb.

The convention then proceeded to vote for a presidential elector, with the following result:

Those voting for Amasa Cobb were:

Messrs. Chapman, Fisher, Hoyt, Lamaster, Lyon and Mr. President, Anyan, Baumer, Clark, Cornell, Davidson, Fischer, Farley, Gaylord, Haney, Hastings of Lancaster, Hastings of Saline, Hayden, Helmer, Hendershot, Holmes, McKillip, Moudy, Olinger, Raper, Rouse, Somers, Seeley, Weidensall, and Mr. Speaker-31.

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