IN SENATE, Monday, February 26, 1877. The recess taken on Saturday, February 24, having expired, the Senate resumed its session on Monday, February 26, at ten o'clock a. m., transacting no business till one o'clock and twenty minutes p. m., when the President pro tempore laid before the Senate a communication, which was read, as follows: ELECTORAL COMMISSION, Washington, D. C., February 26, 1877. SIR: I am directed by the Electoral Commission, formed under the act of Congress approved January 29, A. D. 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," to communicate to the Senate a copy of a resolution of the Commission this day adopted, touching a vacancy therein, occasioned by the physical inability of the Hon. Allen G. Thurman, a Senator, and member of said Commission, to proceed with its duties. Respectfully, yours, To the PRESIDENT Of the Senate of the United States. NATHAN CLIFFORD, President of the Commission. ELECTORAL COMMISSION, Washington, D. C., February 26, 1877. Whereas Hon. Allen G. Thurman, a member of this Commission on the part of the Senate of the United States, has now communicated to the Commission, by a letter in writing, the fact that he has become physically unable to perform the duties required by the act of Congress establishing said Commission; and whereas the said Thurman has in fact become physically unable to perform the said duties: Therefore, Resolved, That the president of the Commission forthwith communicate said fact to the Senate of the United States, as required by said act, in order that the vacancy so created in said Commission may be lawfully filled. A true copy. JAS. H. MCKENNEY, Secretary. The PRESIDENT pro tempore. In compliance with the act the Senate will now proceed by viva voce vote to elect a Senator to fill the vacancy. Mr. Senator MCDONALD. I offer the following resolution: Whereas the Electoral Commission created 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 according to said act communicated to the Senate the fact of the physical inability of Senator Allen G. Thurman, a member of said Commission, to perform the duties required by said act: Therefore, Resolved, That Francis Kernan, a Senator from the State of New York, be, and he hereby is, appointed a member of said Commission, to fill the place so made vacant by said physical inability of said Thurman, as required by said act. The PRESIDENT pro tempore. The Secretary will call the roll of the Senate. The roll having been called, the vote was yeas 46, nays none. The PRESIDENT pro tempore. The resolution is agreed to, and the Senator from New York (Mr. Kernan) is unanimously elected. The Commission will be notified of the election. ELECTORAL COMMISSION, Monday, February 26, 1877–4 p. m. The recess having expired, the Commission resumed its session at four o'clock p. m. The PRESIDENT read the following communication: SIR: I have the honor to communicate to you, to be laid before the Electoral Commission, the proceedings of the Senate upon the submission of your communica- Hon. NATHAN CLIFFORD, President of the Electoral Commission. T. W. FERRY, President pro tempore. IN THE SENATE OF THE UNITED STATES, The PRESIDENT pro tempore laid before the Senate a communication from the President of the Electoral Commission, announcing that Hon. Allen G. Thurman, a member of said Commission on the part of the Senate, had become physically unable to perform the duties required by the act of Congress establishing the said Commission. The Senate thereupon proceeded, as required by the act of Congress creating the said Commission, to elect, by a viva voce vote, a member of the Senate to fill the vacancy in the said Commission created by the inability of Hon. Allen G. Thurman. And, on counting the votes, it appeared that Hon. Francis Kernan was unanimously elected by the Senate to fill the vacancy in the Commission. Attest: GEORGE C. GORHAM, Secretary. The oath prescribed by law was administered by the President to Mr. KERNAN, and subscribed by him; whereupon he took his seat as a member of the Commission. On motion of Mr. Commissioner EDMUNDS, the Commission took a recess until six o'clock, unless sooner called together by direction of the President. PROCEEDINGS OF THE TWO HOUSES. PENNSYLVANIA. IN THE HOUSE OF REPRESENTATIVES, The recess taken on Saturday, February 24, having expired, the House resumed its session at ten o'clock a. m. Monday, February 26. A message from the Senate was received announcing its action on the objection to the vote of Henry A. Boggs as one of the electors for the State of Pennsylvania, and its readiness to meet the House in order to proceed with the counting of the electoral votes. Mr. Representative CLYMER raised the point of order that there was not a quorum present, and moved a call of the House. No quorum voting on this motion, the SPEAKER directed the roll to be called. The calling of the roll developing the presence of a quorum, all further proceedings under the call were dispensed with. Mr. Representative KELLEY submitted the following resolution: Resolved, That the vote of Henry A. Boggs be counted as an elector for the State of Pennsylvania, the objections to the contrary notwithstanding. Mr. Representative STENGER moved to amend the resolution by substituting therefor the following: Resolved, That the vote of Henry A. Boggs, as an elector for the State of Pennsylvania, should not be counted, because the said Boggs was not appointed an elector for said State in such manner as its legislature directed. After debate, the amendment was agreed to by a vote of yeas 135, nays 119; and the resolution as amended was agreed to without a division; and the Clerk was directed to inform the Senate of this action and of the readiness of the House to receive the Senate in order to proceed with the count. IN SENATE, Monday, February 26, 1877. The Senate at three o'clock and thirteen minutes p. m. was notified of the action of the House of Representatives in regard to the vote of Henry A. Boggs as an elector for the State of Pennsylvania, and immediately proceeded to the Hall of the House. JOINT MEETING. MONDAY, February 26, 1877. The Senate entered the House-hall at three o'clock and fifteen minutes p. m. in the usual manner. The PRESIDENT pro tempore of the Senate took his seat as presid ing officer of the joint meeting of the two Houses, the Speaker of the House occupying a chair upon his left. The PRESIDING OFFICER. The joint meeting of Congress for counting the electoral vote resumes its session. The two Houses acting separately have considered and determined on the objection to the certificate from the State of Pennsylvania; the Secretary of the Senate will read the resolution of the Senate. The Secretary of the Senate read as follows: Resolved, That the vote of Henry A. Boggs be counted with the other votes of the electors of Pennsylvania, notwithstanding the objection thereto. The PRESIDING OFFICER. The Clerk of the House of Representatives will now read the resolution adopted by the House of Representatives. The Clerk of the House of Representatives read as follows: Resolved, That the vote of Henry A. Boggs as an elector for the State of Pennsylvania should not be counted, because said Boggs was not appointed an elector for said State in such manner as its legislature directed. The PRESIDING OFFICER. The two Houses not concurring in an affirmative vote to reject, the vote of the State of Pennsylvania will be counted. The tellers will announce the vote of the State of Pennsylvania. Mr. Senator ALLISON, (one of the tellers.) The State of Pennsyl vania casts 29 votes for Rutherford B. Hayes, of Ohio, for President, and 29 votes for William A, Wheeler, of New York, for Vice-President. RHODE ISLAND. The PRESIDING OFFICER. Having opened the certificate received by messenger from the State of Rhode Island, the Chair hands to the tellers the same to be read in the presence and hearing of the two Houses; also the corresponding certificate by mail is handed to the tellers. Mr. Representative STONE (one of the tellers) read the certificate from the State of Rhode Island. The PRESIDING OFFICER. Are there any objections to the cer tificate from the State of Rhode Island? Mr. Representative O'BRIEN. On behalf of myself and other signers, Senators and Representatives, I send up objections to one of the votes from the State of Rhode Island. The PRESIDING OFFICER. The member from Maryland having submitted an objection to the certificate from the State of Rhode Island, the Clerk of the House will read the same. The Clerk of the House read as follows: The undersigned, Senators and Representatives, do hereby object to counting the vote of William S. Slater, alleged elector of the State of Rhode Island, and as reasons therefor assign the following: First. That the said William S. Slater was not duly appointed elector by the State of Rhode Island at the election in said State on the 7th day of November, 1876. Second. That George H. Corliss, according to the decision of the Electoral Commission rendered in the counting of the vote of John W. Watts, as elector of the State of Oregon, if said decision be law, was duly appointed elector by the State of Rhode Island, and the substitution for him of the said Slater was illegal and unconstitutional. Third. If in any event it was competent to complete the electoral college of Rhode Island by adding another elector thereto, it could only have been done under the law as announced by the said Electoral Commission, if said decision be law, and pursuant to the laws of said State by act of the majority of the members of said college, and not by the legislature of said State. JAMES K. KELLY, J. B. GORDON, UNI ERSITY CF Senators. WM. J. O'BRIEN, R. Q. MILLS, A. V. RICE, Representatives. The PRESIDING OFFICER. Are there further objections to the certificate from the State of Rhode Island? [A pause.] If there be none, the Senate will now withdraw to its Chamber, that the two Houses may separately consider and determine on the objection. Accordingly (at three o'clock and twenty-eight minutes p. m.) thre Senate withdrew. IN SENATE, Monday, February 26, 1877. The Senate having returned from the joint meeting, at three o'clock thirty minutes p. m. the President pro tempore resumed the chair and submitted to the Senate the objection made to counting the vote of William S. Slater as an elector for the State of Rhode Island, which was read. Mr. Senator BURNSIDE thereupon submitted the following resolution, which, after debate, was agreed to by a vote of yeas 57, nays none, viz : Resolved, That the vote of William S. Slater be counted with the other votes of the electors of Rhode Island, notwithstanding the objections made thereto.. On motion of Mr. Senator ANTHONY, it was Ordered, That the Secretary notify the House of Representatives thereof, and that the Senate is now ready to meet the House to continue the count of the electoral votes for President and Vice-President. At five o'clock and fifty-five minutes p. m. a message was received from the House of Representatives announcing its action on the object on to the vote of William S. Slater as an elector for the State of Rhode Island and its readiness to receive the Senate to proceed with the electoral count; and the Senate immediately proceeded to the Hall of the House. IN THE HOUSE OF REPRESENTATIVES, Monday, February 26, 1877. The Senate having retired from the joint meeting, at three o'clock and twenty-eight minutes p. m. the House of Representatives resumed its session. Mr. Representative POPPLETON moved that the House take a recess until Tuesday, February 27, at ten o'clock a. m.; which motion was disagreed to-yeas 84, nays 178. Mr. Representative WOOD, of New York, moved to reconsider the vote just taken refusing a recess, and also moved that the motion to reconsider be laid on the table. Mr. Representative O'BRIEN raised the point of order that the motions of Mr. Representative Wood, of New York, were not in order. The SPEAKER overruled the point of order. The motion to lay on the table the motion to reconsider was agreed to-yeas 182, nays 67. A message was received from the Senate announcing its action on the objection to the vote of William S. Slater as an elector for the State of Rhode Island and its readiness to proceed with the electoral count. Mr. Representative O'BRIEN submitted the following resolution: Resolved, That the vote of William S. Slater as elector for the State of Rhode Island should not be counted because said Slater was not appointed or elected elector for said State in such manner as its legislature had directed. Mr Representative EAMES moved to amend the resolution by substituting therefor the following: Resolved, That the vote of William S. Slater as an elector for the State of Rhode Island be counted, the objections thereto to the contrary notwithstanding. After debate, the amendment was agreed to, and the resolution as amended was agreed to without a division. Mr. Representative WILSON, of Iowa, moved that the Senate be notified by the Clerk of the action of the House in regard to the electoral vote of Rhode Island, and that the House was ready to meet the Senate at once and continue the counting of the electoral votes for President and Vice-President. Mr. Representative KNOTT submitted as a substitute for the motion the following: Ordered, That the Clerk of this House notify the Senate of the decision of the Honse in the case of the State of Rhode Island, and that the House of Representatives will meet the Senate in this hall at ten o'clock to-morrow morning to proceed with the counting of the electoral vote for President and Vice-President of the United States. Mr. Representative MCCRARY made the point of order that the electoral act (section 1) requires that when the two Houses have voted upon objections, they shall immediately again meet and the presiding officer shall then announce the decision of the question submitted. The SPEAKER sustained the point of order and ruled out the amendment. The motion of Mr. Representative WILSON, of Iowa, was adopted ; and the Senate was notified. JOINT MEETING. MONDAY, February 26, 1877. The Senate entered the House hall at six o'clock p. m., in the usual manner. |