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FAILURE OF TWO HOUSES TO CONCUR MUST LOSE STATE ITS VOTE.

any more than if the implication claimed had been an express provision of the Constitution.March 16, 1876.

FAILURE OF TWO HOUSES TO CONCUR MUST LOSE STATE ITS VOTE.

Senator Thurman, of Ohio. Then something must be done for a case where there are two conflicting returns; and what can you do but to require the two Houses to consider each of those returns, and then determine which of them shall be received? They can make no decision to receive one unless both Houses concur. One House has no superiority over the other. If the two Houses differ, one being in favor of one return and the other in favor of the other, and are inflexible, of course there can be no decision; but when there are two or more returns from a State, of necessity there must be a concurrence of the two Houses in order to receive one of them. Just as an equally-divided court can make no decision, in the same way, where there are two returns, it has to decide between them which is the true return, who were the true electors of that State, as appears by the certificates that have been made. -Feb. 25, 1875.

Senator Thurman, of Ohio. When there is but one return from a State, sufficient respect ought to be paid to that return that it should not be rejected unless both Houses unite in the opinion that it should be rejected.-Feb. 25, 1875.

Senator Boutwell, of Massachusetts. If two returns come in from a given State, and it is not in the power of anybody to demonstrate to the two Houses which is the true return, that State must lose its vote. That is what happens in all cases where the truth cannot be ascertained; some one suffers as a consequence of that inability, and no scheme that we can devise will rid us of that difficulty.-March 13, 1876.

Senator Wright, of Iowa. I think the two Houses ought to count the vote, and if they are unable to agree where there are two returns, then, if it occurs that the vote of the State is lost, it results after the most faithful, deliberate, and conscientious action, as I am bound to suppose, on the part of the two bodies. If, then, they are unable to agree, we have a case that is not provided for, and that

we cannot safely provide for, perhaps, as the Constitution stands.-March 22, 1876.

Mr. Whyte, of Maryland. I want to ask the Senator from Indiana if he does not really, under the second section of this bill, in a certain contingency, do the very thing which he now objects to doing; that is to say, upon a certain contingency throw the election into the House of Representatives? Take this case, and it is a mathematical calculation: It takes 185 votes to elect a President of the United States in the present college, counting Colorado. Suppose there are three candidates at the election. The Republican candidate gets 177 undisputed votes, and the independent candidate 24 undisputed votes, which he could do by getting Illinois and Nevada, and Nebraska. Suppose the Democratic candidate gets 160 undisputed votes, leaving eight votes, the votes of Louisiana, to determine whether the Republican candidate was elected or not. Suppose that in Louisiana there is a contested election of great violence. The independent candidate is supposed by one party to be elected; the Republican candidate is supposed by the other party to be elected; the Republican electors get a certificate from Governor Kellogg of their election, cast their vote for the Republican candidate, and that return comes to the President of the Senate. Suppose the electors on the independent ticket meet as a college, cast their votes for the Independent candidate, certify under the Constitution, if there is no provision for the executive authentication of their election, that they have voted for the independent candidate. Those returns are opened by the President of the Senate. The House honestly believe that the independent electors were elected in Louisiana. The Republicans in the Senate believe that the Republican candidates were elected. They separate. House stands by the independent organization, the Senate stands by the Republican election, thus defeating the election of President, and throwing it into the House of Representatives,

under the second section of the bill.

The

Mr. Morton. I think the precise contingency mentioned by the Senator from Maryland may happen either by the vote of a State being lost, the two Houses not being able to decide, or by being cast in favor of an independent candidate; but that is the precise contingency which the Constitution has provided for, when it declares that unless some one person shall have a majority of all the electors appointed the House shall immediately proceed to elect by States.-March 24, 1876.

FIRST PRESIDENTIAL TERM.

1789-1793.

GEORGE WASHINGTON, President; JOHN ADAMS, Vice-President.

IN SENATE.

Monday, April 6, 1789.

("Annals of Congress," 1st Cong., Vol. I., pp. 16-18.)

THE credentials of the members present being read and ordered to be filed, the Senate próceeded, by ballot, to the choice of a President, for the sole purpose of opening and counting the votes for President of the United States. John Langdon was elected.

Ordered, That Mr. Ellsworth inform the House of Representatives that a quorum of the Senate is formed; that a President is elected for the sole purpose of opening the certificates, and counting the votes of the electors of the several States in the choice of a President and Vice-President of the United States; and that the Senate is now ready, in the Senate Chamber, to proceed, in the presence of the House, to discharge that duty; and that the Senate have appointed one of their members to sit at the Clerk's table to make a list of the votes as they shall be declared; submitting it to the wisdom of the House to appoint one or more of their members for the like purpose.

Mr. Ellsworth reported that he had delivered the message; and Mr. Boudinot, from the House of Representatives, informed the Senate that the House is ready forthwith to meet them, to attend the opening and counting of the votes of the electors of the President and Vice-President of the United States.

The Speaker and the members of the House of Representatives attended in the Senate Chamber; and the President elected for the purpose of counting the votes declared that the Senate and House of Representatives had met, and that he, in their presence, had opened and counted the votes of the electors for President and Vice-President of the United States,

which were as follows:

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Whereby it appeared that George Washington, Esq., was elected President, and John Adams, Esq., Vice-President of the United States of America.

Mr. Madison, from the House of Representatives, thus addressed the Senate:

Mr. President: I am directed by the House of Representatives to inform the Senate, that the House have agreed that the notifications of the election of the President and of the Vice-President of the United States should be made by such persons, and in such manner, as the Senate shall be pleased to direct.

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A message from the Senate, by Mr. Ellsworth.

Mr. Speaker, I am charged by the Senate to inform this House, that a quorum of the Senate is now formed; that a president is elected for the sole purpose of opening the certificates and counting the votes of the electors of the several States, in a choice of a President and Vice-President of the United States; and that the Senate is now ready in the Senate Chamber, to proceed, in the presence of this House, to discharge that duty. I have it also in further charge to inform this House that the Senate has appointed one of its members to sit at the Clerk's table to make a list of the votes as they shall be declared, submitting it to the wisdom of this House to appoint one or more of its members for the like purpose.

On motion,

Resolved, That Mr. Speaker, attended by the House, do now withdraw to the Senate Cham

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Mr. Speaker accordingly left the chair, and, attended by the House, withdrew to the Senate Chamber, and after some time returned to the House.

Mr. Speaker resumed the chair. Mr. Parker and Mr. Heister then delivered in at the Clerk's table a list of the votes of the electors of the several States in the choice of a President and Vice-President of the United States, as the same were declared by the President of the Senate, in the presence of the Senate and of this House, which was ordered to be entered on the Journal.

On motion,

Ordered, That a message be sent to the Senate, to inform them that it is the desire of this House that the notifications of the election of the President and Vice-President of the United States should be made by such persons, and in such manner, as the Senate shall be pleased to direct; and that Mr. Madison do communicate the said message.

SECOND PRESIDENTIAL TERM.

1793-1797.

George WashingTON, President; JOHN ADAMS, Vice-President.

IN SENATE.

Tuesday, February 5, 1793. ("Annals of Congress," 2d Cong., page 639.) A message from the House of Representatives informed the Senate that the House of Representatives have resolved that a committee be appointed to join such committee as may be appointed by the Senate to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected of their election; and for regulating the time, place, and manner of administering the oath of office to the President, and have appointed a committee on their part.

This resolution of the House was read.

committee be appointed to join such committee as may be appointed by the Senate to ascertain and report a mode of examining the votes for President and Vice-President, and of notifying the persons who shall be elected of their election, and for regulating the time, place, and manner of administering the oath of office to the President.

Resolved, That the Senate concur in this resolution, and that Messrs. King, Izard, and Strong be the committee on the part of the Senate.

IN SENATE.

Monday, February 11, 1793. ("Annals of Congress," 2d Cong., p. 644.) Mr. King, from the Joint Committee ap

Ordered, That the consideration thereof be pointed the 6th February instant, reported postponed until to-morrow.

IN SENATE.

Wednesday, February 6, 1793. ("Annals of Congress," 1st Cong., pp. 640, 641.) The Senate proceeded to consider the resolution of the House of Representatives that a

that the two Houses shall assemble in the Senate Chamber on Wednesday next at twelve o'clock; that one person be appointed a teller on the part of the Senate to make a list of the votes as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote and the persons elected to the two Houses as

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North Carolina..
Georgia

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For THOMAS JEFFERSON.

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Tuesday, February 12.

("Annals of Congress," 2d Cong., pp. 644, 645.) A message from the House of Representatives informed the Senate that the House of Representatives agree to the report of the joint committee appointed the 6th of February instant respecting the manner of counting the votes for President and Vice-President of the United States.

Ordered, That Mr. King be appointed on the part of the Senate a teller of the votes for President and Vice-President of the United States, conformably to the report of the joint committee agreed to the 11th inst.

IN SENATE.

Wednesday, February 13, 1793. ("Annals of Congress," 2d Cong., pp. 645, 646.) Ordered, That the Secretary notify the House of Representatives that the Senate are ready to meet them in the Senate Chamber to attend the opening and counting the vote for President and Vice-President of the United States as the Constitution provides.

The two Houses having accordingly assembled, the certificates of the electors of the fifteen States in the Union, which came by express, were by the Vice-President opened, read, and delivered to the tellers appointed for the purpose, who, having examined and ascertained the votes, presented a list of them to the VicePresident, which list was read to the two Houses, and is as follows:

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Kentucky.....

For AARON BURR.

South Carolina.......

Whereupon the Vice-President declared George Washington unanimously elected President of the United States for the period of four years, to commence with the fourth day of March next, and John Adams elected, by a plurality of votes, Vice-President of the United States for the same period, to commence with the 4th day of March.

After which the Vice-President delivered the duplicate certificates of the electors of the several States received by post, together with those which came by express, to the Secretary of the Senate.

The two Houses then separated and the Senate adjourned.

IN SENATE.

Thursday, February 14, 1793. ("Annals of Congress," 2d Cong., p. 647.)

Mr. King, from the committee appointed the 6th instant, to join the committee on the part of the House of Representatives to report a mode of notifying the person who should be elected President of the United States of his election, submitted the following resolve:

Resolved, That a committee be appointed to join such committee as shall be appointed by the House of Representatives, to wait on the 6 President and notify him of his unanimous reelection to the office of President of the United States.

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And the report was adopted.

Ordered, That Messrs. King, Izard, and 7 Strong be the committee on the part of the 15 Senate.

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8 A message from the House of Representatives informed the Senate that the House of 4 Representatives have adopted the report of 12 the joint committee appointed the 6th instant, to ascertain and report a mode of examining the votes for President and Vice132 President of the United States, and for other purposes, and have appointed a joint com6mittee on their part to wait on the President 16 and notify him of his unanimous reëlection to the office of President of the United States.

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IN HOUSE OF REPRESENTATIVES.

Tuesday, February 5, 1793. ("Annals of Congress," 2d Cong., p. 861.) Resolved, That a committee be appointed to join such committee as may be appointed by the Senate, to ascertain and report the mode of examining the votes for President and VicePresident, and of notifying the persons who shall be elected of their election, and to regu- | late the time, place and manner of administering the oath of office to the President.

Ordered, That Mr. William Smith, Mr. Madison, and Mr. Lawrance be of said committee on the part of this House.

IN HOUSE OF REPRESENTATIVES. Monday, February 11, 1793. ("Annals of Congress," 2d Cong., p. 873.) Mr. William Smith, from the committee appointed on the part of the House jointly with a committee appointed on the part of the Senate to ascertain and report a mode of examining the votes for President and VicePresident of the United States, and for other purposes expressed in the resolution of the fifth instant, made a report, which was twice read and agreed to by the House, as follows:

That the two Houses shall assemble in the Senate Chamber on Wednesday next at twelve o'clock. That two persons be appointed tellers on the part of this House to make a list of the votes as they shall be declared; that the result shall be delivered to the President of the Senate, who shall announce the state of the vote and the person elected, to both Houses assembled as aforesaid, which shall be deemed a declaration of the persons elected President and Vice-President, and together with a list of the votes be entered on the Journal of the two Houses.

Ordered, That Mr. William Smith and Mr. Lawrance be appointed tellers on the part of the House pursuant to said report.

IN HOUSE OF REPRESENTATIVES.
Tuesday, February 12, 1793.

("Annals of Congress," 2d Cong., p. 873.) A message from the Senate informed the House that the Senate have agreed to the report of the joint committee appointed to ascertain and report a mode of examining the votes for President and Vice-President of the United States and for the other purposes expressed in the resolution of the fifth instant, and have appointed a teller on their part pursuant to said report.

IN HOUSE OF REPRESENTATIVES. Wednesday, February 13, 1793. ("Annals of Congress," 2d Cong.," pp. 874, 875.)

A message from the Senate informed the House that a President of the Senate is elected for the sole purpose of opening the certificates and counting the votes of the several States in the choice of a President and Vice-President of the United States; and that the Senate is now ready in the Senate Chamber to attend with this House on that occasion.

Resolved, That the Speaker attended by the House do now withdraw to the Senate Chamber for the purpose expressed in the said message.

The Speaker accordingly left the chair, and attended by the House withdrew to the Senate Chamber, and after some time returned to the House.

The Speaker resumed the chair. Mr. William Smith and Mr. Lawrance then delivered in, at the Clerk's table, a list of the votes of the electors of the several States in the choice of a President and Vice-President of the United States as the same were declared by the President of the Senate, in the presence of the Senate and of this House; which was ordered to be entered on the Journal and is as follows: For GEORGE WASHINGTON.

New Hampshire

Massachusetts..
Rhode Island..
Connecticut.

Vermont..
New York.

New Jersey
Pennsylvania..
Delaware..
Maryland..
Virginia..
Kentucky..
North Carolina.
South Carolina...
Georgia.

New Hampshire Massachusetts.

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132

For JOHN ADAMS.

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Rhode Island.
Connecticut..
Vermont
New Jersey..
Pennsylvania..
Delaware..
Maryland
South Carolina

New York.. Pennsylvania.. Virginia... North Carolina Georgia..

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