of Illinois, Dawes, Edmunds, Ferry, Frye, Garland, George, Hale, Harris, Harrison, Hawley, Hill of Colorado, Hill of Georgia, Hoar, Jonas, Jones of Florida, Lamar, McDill, McMillan, McPherson, Maxey, Miller of California, Mitchell, Morrill, Pendleton, Platt, Pugh, Ransom, Rollins, Saulsbury, Saunders, Sawyer, Sherman, Van Wyck, Walker-45.

January 27-Mr. DAVIS of West Virginia, moved to strike from the bill, after the words "United States," in the second sentence, these words:

"After the first day of January, A. D. 1887; the order of their payment to be determined by law, or, in the absence of such legislation, by rules and regulations to be prescribed by the Secretary of the Treasury."

And to insert in lieu thereof these words: "Provided, That the bonds herein authorized shall not be called in and paid so long as any bonds of the United States bearing a higher rate of interest than 3 per cent., and which shall be redeemable at the pleasure of the United States, shall be outstanding and uncalled. last of said bonds originally issued, and their substitutes under this act, shall be first called in, and this order of payment shall be followed until all shall have been paid."

The

Which was agreed to-yeas 38, nays 26: YEAS-Messrs. Bayard, Beck, Butler, Call, Camden, Cockrell, Coke, Davis of West Virginia, Fair, Farley, Garland, George, Gorman, Grover, Hampton, Harris, Hill of Georgia, Ingalls, Jackson, Johnston, Jonas, Jones of Florida, Jones of Nevada, Maxey, Morgan, Pendleton, Plumb, Pugh, Ransom, Saulsbury, Slater, Teller, Vance, Vest, Voorhees, Walker, Williams, Windom-38.

NAYS-Messrs. Aldrich, Anthony, Blair, Cameron of Pennsylvania, Cameron of Wisconsin, Conger, DAVIS of Illinois, Edmunds, Ferry, Frye, Harrison, Hawley, Hoar, Lapham, McDill, McMillan, MAHONE, Miller of California, Mitchell, Morrill, Platt, Rollins, Saunders, Sawyer, Sherman, Van Wyck-26.

Mr. SHERMAN moved to amend by inserting after the words "United States," in the second sentence, and to come in immediately before the words inserted above on motion of Mr. Davis, these words:

"And redeemable at the pleasure of the United States after the first day of January, eighteen hundred and eighty-seven."

Mr. HARRIS moved to amend by fixing the date" eighteen hundred and eighty-five," thus making it a three-year bond, instead of a fiveyear bond; which was agreed to-yeas 33, nays 26 (not voting 16):

YEAS-Messrs. Bayard, Beck, Call, Cockrell, Coke, Conger, Davis of West Virginia, Fair, Farley, Garland, George, Gorman, Grover, Hampton, Harris, Ingalls, Jackson, Johnston, Jonas, Maxey, Morgan, Pendleton, Plumb, Pugh, Saulsbury, Slater, Teller, Vance, Vest, Voorhees, Walker, Williams, Windom-33.

NAYS-Messrs. Aldrich, Anthony, Blair, Cameron of Wisconsin, DAVIS of Illinois, Edmunds, Ferry, Frye, Harrison, Hawley, Hill of

McDill, McMillan, Miller of California, Mitchell, Morrill, Platt, Ransom, Rollins, Saunders, Sawyer, Sherman, Van Wyck-26.

The amendment as amended was then disagreed to-yeas 25, nays 36:

YEAS-Messrs. Aldrich, Anthony, Blair, Cameron of Wisconsin, Conger, DAVIS of Illinois, Dawes, Edmunds, Farley, Ferry, Harrison, Hawley, Hill of Georgia. Hoar, Jones of Florida, McDill, McMillan, Miller of California, Mitchell, Ransom, Rollins, Saunders, Sawyer, Sherman, Van Wyck-25.

NAYS-Messrs. Bayard, Beck, Call, Camden, Cockrell, Coke, Davis of West Virginia, Fair, Frye, Garland, George, Gorman, Grover, Harris. Ingalls, Jackson, Johnston, Jonas, Lapham, Logan, Maxey, Morgan, Morrill, Pendleton, Platt, Plumb, Pugh, Saulsbury, Slater, Teller, Vance, Vest, Voorhees, Walker, Williams, Windom-36.

January 31-Mr. VEST moved this as an additional section:

SEC. 2. From and after the 1st day of July, 1882, the 3 per cent. bonds authorized by this act shall be the only bonds receivable as security for national bank circulation from national banks organized after said date, or from national banks thereafter applying for an increase of their circulation, to the extent of such increase, or as security for the safe-keeping and prompt payment of the public money deposited with such Danks: Provided, That the Secretary of the Treasury shall not have issued all the bonds herein authorized, or shall have issued so many thereof as to make it impossible for him to issue the amount of bonds required: And provided further, That section 4 of the act of June 20, 1874, entitled "An act fixing the amount of United States notes, providing for a redistribution of the national bank currency, and for other purposes," be, and the same is hereby repealed.

Which was disagreed to-yeas 28, nays 32: YEAS-Messrs. Beck, Call, Cockrell, Coke, DAVIS of Illinois, Fair, Farley, Garland, George, Grover, Hampton, Harris, Jackson, Johnston, Jonas, Jones of Florida, McPherson, Maxey, Morgan, Pendleton, Plumb, Saulsbury, Slater, Vance, Vest, Voorhees, Walker, Williams-28.

NAYS-Messrs. Aldrich, Anthony, Blair, Camden, Cameron of Wisconsin, Conger, Davis of West Virginia, Dawes, Edmunds, Ferry, Groome, Hale, Harrison, Hawley, Hill of Colorado, Hoar, Kellogg, Lapham, McDill, McMillan, Miller of California, Miller of New York, Morrill, Platt, Rollins, Saunders, Sawyer, Sewell, Sherman, Teller, Van Wyck, Windom-32.

Mr. PLUMB moved this as an additional section:

SEC. 2. That the Secretary of the Treasury shall use all the funds now held in the Treasury for the redemption of United States notes, in excess of $100,000,000, in the redemption of the bonds of the United States, such redemption to be made in not less than three instalments; and the said sum of $100,000,000 so left in the Treasury shall not be inereased or diminished except in the redemption of United States notes.

Which was agreed to-yeas 33, nays 29:

Sewell, Sherman, Teller, Windom—43.

NAYS-Messrs. Aldrich, Allison, Anthony, Blair, Cameron of Wisconsin, Conger, Edmunds, Ferry, Hale, Harrison, Hill of Colorado, Hoar, Jones of Florida, Lapham, Logan, Mc Dill, McMillan, McPherson, MAHONE, Miller of California, Miller of New York, Mitchell, Morrill, Platt, Rollins, Sawyer, Sewell, Sherman, Windom-29.

Several verbal amendments to the bill were made by consent; and all the amendments so made in committee were agreed to in the Senate without a count.

February 2-The question being on concurring in the amendment offered by Mr. PLUMB to add a second section

Mr. BAYARD moved to amend by inserting after the word "dollars" the words "of standard coin value;" which was agreed to-yeas 37, nays 14:

YEAS-Messrs. Aldrich, Allison, Anthony, Bayard, Blair, Conger, DAVIS of Illinois, Davis of West Virginia, Dawes, Edmunds, Fair, Groome, Hale, Hampton, Harrison, Hawley, Hill of Colorado, Ingalls, Jackson, Johnston, Jones of Florida, Lapham, Mc Dill, McMillan, McPherson, MAHONE, Mitchell, Morrill, Platt, Plumb, Ransom, Rollins, Sawyer, Sewell, Sherman, Van Wyck, Windom-37.

NAYS-Messrs. Beck, Cockrell, Coke, Garland, George, Jonas, Maxey, Morgan, Pendleton, Pugh, Slater, Vest, Voorhees, Walker-14.

The section as amended was then disagreed to -yeas 25, nays 27:

YEAS-Messrs. Beck, Call, Camden, Cockrell, Coke, DAVIS of Illinois, Fair, Garland, George, Harris, Ingalls, Jackson, Johnston, Jonas, Maxey, Morgan, Pendleton, Plumb, Pugh, Ransom, Slater, Teller, Vest, Voorhees, Walker-25.

NAYS-Messrs. Aldrich, Anthony, Bayard, Blair, Cameron of Wisconsin, Conger, Dawes, Edmunds, Hale, Harrison, Hawley, Hill of Colorado, Hoar, Jones of Florida, Lapham, Logan, McMillan, McPherson, MAHONE, Mitchell, Morrill, Platt, Rollins, Sawyer, Sewell, Sherman, Windom-27.

The amendment which was made in committee without division, validating the three and a half per cent bonds, known popularly as the Windoms, was agreed to in Senate-yeas 43,

nays 10:

NAYS-Messrs. Dawes, Edmunds, Garland, Jonas, Pugh, Saulsbury, Slater, Vest, Voorhees, Walker-10.

The following having been adopted, on motion of Mr. HAWLEY, without a division:

That any national banking association now organized or hereafter organized, desiring to withdraw its circulating notes upon a deposit of lawful money with the Treasurer of the United States, as provided in section 4 of the act of June 20, 1874, entitled "An act fixing the amount of United States notes, providing for a redistribution of national-banking currency, and for other purposes," shall be required to give thirty days' notice to the Comptroller of the Currency of its intention to deposit lawful money and withdraw its circulating notes: Provided, That not more than $5,000,000 of lawful money shall be deposited during any calendar month for this purpose: And provided further, That the provisions of this section shall not apply to the bonds recalled for redemption by the Secretary of the Treasury.

February 3-Mr. MORGAN moved to add this further proviso:

And provided further, That any bank that shall give the notice required by this section for withdrawing its circulating notes shall be required to withdraw the amount specified in such notice and at the time therein designated, and failing so to withdraw its circulation, shall forfeit its character and be put into liquidation.

Which was disagreed to-yeas 20, nays 27: YEAS-Messrs. Camden, Cockrell, Coke, DAVIS of Illinois, Edmunds, Garland, Gorman, Groome, Ingalls, Jackson, Johnston, Maxey, Morgan, Pendleton, Pugh, Slater, Teller, Voorhees, Walker, Williams-20.

NAYS-Messrs. Aldrich, Anthony, Bayard, Beck, Blair, Call, Conger, Dawes, Hale, Hampton, Hawley, Hill of Colorado, Hoar, Jones of Florida, Lapham, Logan, Mc Dill, MAHONE, Mitchell, Morrill, Platt, Rollins, Saulsbury, Saunders, Sawyer, Sherman, Windom-27.

The bill was then passed-yeas 38, nays 18: YEAS-Messrs. Aldrich, Anthony, Beck, Blair, Call, Camden, Cameron of Wisconsin, Cockrell, Coke, Conger, DAVIS of Illinois, Davis of West Virginia, Dawes, Farley, Ferry, George, Gorman, Hale, Harrison, Hill of Colorado, Hoar, Jackson, Jones of Florida, Lamar, McDill, MAHONE, Maxey, Miller of California, Mitchell, Morrill, Pendleton, Plumb, Ransom, Rollins, Saulsbury, Sawyer, Sherman-38.

NAYS-Messrs. Bayard, Fair, Garland, Groome, Hampton, Hawley, Ingalls, Johnston, Lapham, Morgan, Platt, Pugh, Slater, Vest, Voorhees, Walker, Williams, Windom-18.

IN HOUSE.

The bill was referred to the Committee on

IN SENATE-IST SESSION, 47TH CONGRESS.

1882, April 6—Mr. HOAR called up this bill (S. 613), offered by him December 19, 1881, and reported by him from the Committee on Privileges and Elections, February 3, 1882: A bill to fix the day for the meeting of the electors of President and Vice-President, and to provide for and regulate the counting of the votes for President and Vice-President, and the decision of questions arising thereon. Be it enacted, etc., That the electors of each State shall meet and give their votes on the second Monday in January next following their appointment, at such place in each State as the legislature of such State shall direct

SEC. 2. That each State may, pursuant to its laws existing on the day fixed for the appointment of the electors, try and determine before the time fixed for the meeting of the electors any controversy concerning their appointment, or the appointment of any of them. Every such determination made pursuant to such law so existing on said day, and made prior to the said time of meeting of the electors, shall be conclusive evidence of the lawful title of the electors who shall have been so determined to have been appointed, and shall govern in the counting of the electoral votes as provided in the Constitution, and as hereinafter regulated.

SEC. 3. That it shall be the duty of the executive of each State to cause three lists of the names of the electors of such State, duly ascertained according to the law of the State to have been chosen, to be made and certified, and to be delivered, as soon as may be after such final determination shall be had, to the electors, and before the day on which they are required by

law to meet.

SEC. 4. That Congress shall be in session on the second Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the hall of the House of Representatives at the hour of one o'clock in the afternoon on that day; 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 in the

*For other votes on this subject, see McPHERSON'S HAND-BOOK OF POLITICS FOR 1880, pp. 157-164.

manner and according to the rules 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 Vicr-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, 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 votes of both houses. 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, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the evidence mentioned in section two of this act to have been appointed if the determination in said section provided for shall have been made; but in case there shall arise the question which of two or more of such State tribunals, determining what electors have been appointed, as mentioned in section two of this act, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, from such State shall

be counted whose titles as electors the two

houses, acting separately, shall concurrently decide is supported by the decision of the tribunal of such State so authorized by its laws. And in such case of more than one return, or paper purporting to be a return, from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those only, shall be counted which the two houses, acting separately, shall concurrently decide to be the lawful votes of the legally appointed electors of such State. When the two. houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. 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. 5. That while the two houses shall be in meeting, as provided in this act, the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either house on a motion to withdraw.

SEC. 6. 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 other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not oftener than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each house to put the main question without further debate. SEC. 7. 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 the 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 hereinbefore 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. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two houses, no further or other recess shall be taken by either house. After a short debate, it passed the Senate without a division.

[This bill is identically the same as that reported in the 2d Session of 45th Congress, May 24, 1878, by Mr. EDMUNDS from the select committee on that subject, but which was not taken up in that body. June 3, 1878, Mr. EDMUNDS moved to proceed to consider it; but the motion was disagreed to-yeas 26, nays 27:

YEAS-Messrs. Allison, Anthony, Blaine, Booth, Christiancy, Conkling, DAVIS of Illinois, Edmunds, Hamlin, Hoar, Howe, Ingalls, Kirkwood, McMillan, Matthews, Mitchell, Morrill, Oglesby, Paddock, Patterson, Rollins, Sargent, Saunders, Teller, Wadleigh, Windom-26.

NAYS-Messrs. Armstrong, Bailey, Barnum, Beck, Butler, Coke, Dorsey, Eaton, Eustis, Gordon, Grover, Hereford, Hill of Georgia, Johnston, Jones of Florida, Kernan, Lamar, McCreery, Mc Donald, McPherson, Maxey, Merrimon, Saulsbury, Voorhees, Wallace, Whyte, Withers-27.]

IN HOUSE-IST SESSION, 47TH CONGRESS. 1882, June 20-Mr. THOMAS UPDEGRAFF called up the following bill, reported by him from

the Committee on the Law respecting the election of President and Vice-President, as a substitute for the Senate bill:

That the electors of President and Vice-PresiIdent of the United States shall be chosen in each State on the Tuesday next after the first Monday of November in every fourth year after an election of a President and Vice-President, except in the cases specified in sections 147 to 149 of the Revised Statutes, both inclusive.

SEC. 2. That the electors chosen in each State shall meet and vote on the third Tuesday of December next following their appointment, at such place in the State as the Legislature thereof may appoint.

SEC. 3. That between the day of choosing the electors and the day on which they are to vote, the title to the office of elector of any person claiming to have been chosen may be determined and certified to the executive of the State by such State authorities, ministerial or judicial, and in such manner as the State may prescribe by laws in force on the day of choosing the electors; and every such determination, if made by the highest judicial tribunal of the State having jurisdiction, shall be conclusive upon any question of fact or of State law in the counting by Congress as hereinafter mentioned.

SEC. 4. That the executive of the State shall furnish to the electors whose title is thus determined and certified three lists of the names of all of them, at least five days before the day fixed for their meeting, or as soon as a final judicial determination shall be made.

SEC. 5. That Congress shall be in session on the second Wednesday in January next after the meeting of the electors, and the votes shall then be counted in manner following: The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of one o'clock in the afternoon on that day; and the President of the Senate shall be their presiding officer. 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; for 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. 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 the 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 in the

manner and according to the rules 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, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, 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. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the question submitted. If in any State there be a controversy as to the appointment or eligibility of electors, the decision thereof by its highest judicial tribunal having jurisdiction shall be conclusive, and the vote shall be counted in accordance therewith, unless reversed by both Houses; and if there be more than one judicial decision, each purporting to be by the highest court of the same State, the decision held by both Houses to be that of the lawful tribunal shall be conclusive, unless reversed by both Houses.

Where there has been a controversy in any State as aforesaid and no such certified decision has been transmitted, or when two or more such certified decisions have been transmitted, the contested votes from such States shall not be counted unless both Houses concur therein. And if there be several electoral certificates from any State, and no such judicial decision, the certificate held by both Houses to be executed by the proper authority shall be conclusive, unless rerejected by both Houses.

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. 6. That while the two Houses shall be in meeting as provided in this act, the President of the Senate shall have power to preserve order; and no debate shall be allowed, and no question shall be put by the presiding officer, except to either House on a motion to withdraw.

SEC. 7. 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 other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not oftener than once; but after such debate shall have lasted two hours it shall be the duty

of the presiding officer of each House to put the main question without further debate.

SEC. 8. That the joint meeting shall not be dissolved until the count of the electoral vote 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 hereinbefore 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; but if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House.

SEC. 9. That notwithstanding the decisions and declarations hereinbefore provided for, the title to the office of any person so declared to be elected President or Vice-President, and the title of any claimant thereof, may be tried and determined by action in the nature of quo warranto, as hereinafter provided.

SEC. 10. That the action may be brought prior to actual entry or usurpation, and must be commenced within ten days after the declaration of the election of the defendant in the circuit court of the United States for the district in which the defendants, or either of them, reside, by any person or persons for whom any electoral vote was cast for either of said offices, and against any person or persons declared elected or claiming title to either of said offices; and there need be no plaintiff other than the claimant or claimants. The action shall be deemed commenced by the filing of the complaint with the clerk of said circuit court; whereupon a summons shall issue, which shall be served as soon as practicable, in any part of the United States, by any marshal thereof, requiring the defendant to answer within twenty days after service; and the defendant shall plead within such twenty days. If the defendant is not found at his usual place of residence, and personal service of the summons is not made elsewhere, it may be made by leaving a copy of the summons at the last known place of residence of the defendant, with some person,over the age of fifteen years.

SEC. 11. That persons claiming either of said offices may be joined either as complainants or defendants, or either may sue separately. The complaint shall be verified, and must allege that complainant was duly elected and is entitled to the office, or will be at the time fixed by law, and that electoral votes were cast for the complainant; that the defendant has been declared elected as herein before provided without a just title to the office, and, as complainant believes, intends to enter upon and usurp its functions and emoluments; and ask that the defendant be excluded therefrom, and that complainant be declared elected to the office and placed in possession thereof.

SEC. 12. That the trial shall be had as soon as practicable after the issues have been made up, and shall commence within thirty days after the