Chandler, Clark, Collamer, Conness, Davis, Dixon, So the amendment was rejected. The amendment was ordered to be engrossed, and the joint resolution to be read a third time. It was read the third time. Mr. WADE. I ask for the yeas and nays on the passage of the joint resolution. The yeas and nays were ordered, and, being taken, resulted-yeas 29, nays 10; as follows: YEAS-Messrs. Anthony, Brown, Buckalew, Chandler, Clark, Collamer, Conness, Davis, Dixon, Farwell, Foster, Grimes, Hale, Harlan, Henderson, Hendricks, Howard, Johnson, Morgan, Morrill, Nye, Powell, Ramsey, Sherman, Stewart, Sumner, Trumbull, Wade, and Wright-29. NAYS-Messrs. Cowan, Doolittle, Harris, Howe, Lane of Kansas, Nesmith, Saulsbury, Ten Eyck, Van Winkle, and Willey--10. ABSENT-Messrs. Carlile, Foot, Harding, Hicks, Lane of Indiana, McDougall, Pomeroy, Richardson, Riddle, Sprague, Wilkinson, and Wilson-12. So the joint resolution was passed. IN HOUSE OF REPRESENTATIVES. ("Congressional Globe," XXXVIIIth Cong., 2d Session, p. 602.) Mr. WILSON. I ask unanimous consent to take from the Speaker's table the joint resolution (H. R. No. 126) declaring certain States not entitled to representation in the electoral college, in order that the House may concur in the amendment made by the Senate. There being no objection, the joint resolution was taken up, and the amendment was read, as follows: Strike out of the preamble the words "and were in such condition of armed rebellion for more than three years;" and insert in lieu thereof, "and were in such condition on the 8th day of November, 1864, that no valid election for electors of President and Vice-President, according to the Constitution and laws thereof, was held therein on said day." Therefore Mr. YEAMAN. I desire to offer a substitute for the joint resolution. Mr. WILSON. I desired to demand the previous question on the amendment. Mr. YEAMAN. I object if I am not allowed to offer a substitute. Mr. STEVENS. Then I move to go to business on the Speaker's table. Mr. YEAMAN. I withdraw my objection, and offer the following substitute for the joint resolution: Be it resolved, by the Senate and House of Representatives of the United States of America in Congress assembled, That the votes of the presidential electors of any State shall be counted when presented and verified in the ordinary and legal method; and it is incompetent and immaterial for Congress to go behind such verification, and inquire whether a part of the citizens of such State may have been in rebellion; and all laws and parts of laws and joint resolutions incompatible with this are hereby repealed. Mr. WASHBURNE, of Illinois. I raise the question of order that the amendment is not germane to the Senate amendinent. The SPEAKER. The only matter before the House is the Senate amendment, and any amendment, to be in order, must be germane to that. The amendment offered by the gentleman from Kentucky would be in order to the original bill, but is not in order to the Senate amendment. Mr. YEAMAN. I offer it as a substitute for the matter before the House. The SPEAKER. The joint resolution has been passed upon by both Houses and is not susceptible of amendment, except so far as applies to the amendment of the Senate. The amendment offered by the gentleman from Kentucky is not in order. Mr. WILSON. I demand the previous question. The demand for the previous question was seconded. Mr. COX moved that the House do now adjourn. The question was taken; and the motion to adjourn was not agreed to. The question recurred on ordering the main question; and, being taken, the main question was ordered. The question was then taken upon concurring in the amendment of the Senate, and it was agreed to. Mr. WILSON moved to reconsider the vote by which the House concurred in the amendment of the Senate; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. IN SENATE. Monday, February 6, 1865. ("Congressional Globe," XXXVIIIth Cong., 2d Session, p. 608.) Mr. TRUMBULL. With the consent of the Senator from Kentucky, I will ask unanimous consent of the Senate to make a report from the joint committee appointed to canvass the vote for President and Vice-President the day after to-morrow. It is indispensably necessary that we have action upon it as soon as possible. The House will have to concur in it. If the Senate will now consent to let the report be submitted and acted upon, it will take, I apprehend, but a few minutes-I think there' will be no objection to it-and the House will then concur, so that we shall be ready to take! action on the subject on Wednesday next. The VICE-PRESIDENT. The Senator from Illinois asks the unanimous consent of the | any such question there shall be no debate in Senate to submit a report from the joint committee on the subject indicated. The Chair hears no objection. Mr. TRUMBULL. With the consent of the Senate, I will read the report, as the handwriting is more legible to me than to the Clerk. The joint committee to whom was referred the subject of ascertaining and providing a mode for canvassing and counting the votes for President and Vice-President of the United States have instructed me to report the following joint rule in part, in the discharge of their duty: Resolved, by the Senate (the House of Representatives concurring therein), That the following be added to the joint rules of the two Houses, namely: The two Houses shall assemble in the Hall of the House of Representatives at the hour of one o'clock P. M., on the second Wednesday in February next succeeding the meeting of the electors of President and Vice-President of the United States, and the President of the Senate shall be their Presiding Officer. One teller shall be 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, the certificates of the electoral votes; and said tellers having read the same in the presence and hearing of the two Houses then assembled, shall make a list of the votes as they shall appear from the said certificates; and the votes having been counted, the result of the same 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 the list of the votes, be entered on the Journals of the two Houses. That is the usual form, as far as I have read, of the resolutions heretofore adopted. The committee have proceeded further to provide for a contingency: If, upon the reading of any such certificate by the tellers, any question shall arise in regard to counting the votes therein certified, the same having been stated by the Presiding Officer, the Senate shall thereupon withdraw, and said question shall be submitted to that body for its decision; and the Speaker of the House of Representatives shall in like manner state the question to the House of Representa- | tives for its decision; and no question shall be decided affirmatively, and no vote objected to shall be counted, except by the concurring vote of the two Houses, which being obtained, the two Houses shall immediately reassemble, and the Presiding Officer shall then announce the decision of the question submitted; and upon either House. And any other question pertinent to the object for which the two Houses are assembled may be submitted and determined in like manner. 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, the chair on his left; for Senators, the body of the Hall on the right of the Presiding Officer; for Representatives, the body of the Hall not occupied by the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for other officers of the two Houses, in front of the Clerk's desk and upon either side of the Speaker's platform. Such joint convention shall not be dissolved until the electoral votes are all counted and the result declared, and no recess shall be taken unless a question shall have arisen in regard to the counting of any such vote, in which case it shall be competent for either House, acting separately in the manner hereinbefore provided, to direct a recess not beyond the next day, at the hour of one o'clock P. M. Mr. JOHNSON. I understand the Senator from Illinois to say that the latter part of the report is not to be found in the reports heretofore made by which these conventions have heretofore been governed, and, if I recollect the reading aright, it provides only for a single contingency; that is to say, the contingency of votes being objected to. It appears to me it would be desirable to provide that in the event of any other question being made. Mr. TRUMBULL. It does so provide. It provides specifically for any other question pertinent to the matter for which the two Houses are assembled. Mr. JOHNSON. I did not so understand it. Mr. TRUMBULL. It so reads. Mr. COWAN. There is one difficulty I would suggest to the honorable Senator from Illinois. It is provided that when the questions shall arise in the joint convention, the Houses shall separate and consider the matter separately. Now, suppose there is a question then whether the vote of Louisiana shall be counted. The Senate retires to its Chamber, and decides that it shall; the House of Representatives organizes, and decides that it shall not: how is the question then to be decided? Mr. JOHNSON. It falls, of course, and would not be counted. Mr. COWAN. I think there is a fundamental mistake at the bottom of this provision. I think it belongs to the Houses in joint convention to decide that question when it arises. It is evident that they are there with some power and authority over it. They cannot be supposed to be mere idle and indifferent spectators, because otherwise the votes might be counted separately, in the separate Chambers. Therefore I think that that provision is objec tionable. Any one of the Houses, then, could disfranchise a State, according to the construction that is to be put upon it. Mr. TRUMBULL. The question, then, has to be decided by the concurrent action of the two Houses, and, I suppose, committees of conference may be resorted to, to bring that about. It has to be decided somehow, and this provides a mode, when the question arises, by which it shall be settled. If the Senator from Pennsylvania chooses to suppose that you must take a vote per capita, the Constitution provides no means for any such action. The only way the two Houses of Congress can act is independently of each other. It was the unanimous opinion of the committee that it could not be done by voting en masse, as in public meeting. That question was very elaborately discussed the other day. I hope no discussion is to spring up on this report, because it is important that we have action upon it at once. Mr. COWAN. I ask the honorable Senator whether there is any other case in which the two Houses go into joint convention except this one? Mr. TRUMBULL. They do not go into joint convention here. They meet together simply to provide for the counting of the vote; but there is no provision for their taking action as a joint body. They go there to see the votes opened, and thus Congress provides by law how they shall proceed. This is my view of it. Mr. COWAN. That assumes the very point in dispute. The allegation of some of us is that they do go into joint convention; that the phrase which gives them power and authority to do so is a general phrase. The mode and manner in which it is to be exercised of course must be fixed by law, or must be fixed by rules to be adopted for the government of this convention itself; and to show that it is a convention, and to show it conclusively the resolution offered by the committee to-day provides for its organization, provides that it shall have a presiding officer, provides some rules at least for its government, provides for the appointment of tellers. Mr. TRUMBULL. Each House appoints the tellers, not the joint convention. Mr. COWAN. Then, I think, the joint convention should appoint the tellers. Mr. TRUMBULL. It never has done since the Government was formed. That part of the resolution is similar to the one we have always acted under since Washington was elected President. Mr. COWAN. Then we encounter the mischief I suggested a moment ago. If there was a partisan majority in the Senate opposed to the counting of the votes of a particular State, all it had to do would be to stand firmly upon its resolve that they should not be counted, and that State would be disfranchised by the act of the Senate alone. The House would have the same privilege precisely. Was that ever contemplated? Mr. TRUMBULL. If the Senator from Pennsylvania will allow me to put a question to him he will see there is nothing in the question he asks. Mr. COWAN. Certainly; I shall be very glad to see it. Mr. TRUMBULL. Suppose either House obstinately refuses to go there at all. If you are to suppose that the Senate of the United States is determined to break up the Government, they will not meet at all. You might just as well suppose that as to suppose that it will obstinately refuse to perform any other duty. Mr. COWAN. I have heard that argument repeatedly before, and it comes very badly from the mouth of one who provides for a proposition of the kind. I admit you have no right to presume it; but you have no right to provide that they may do it. You have no right to put the Senate in such a position as that it may do it. You have a right to foresee the mischief before it happens; but by the adoption of these rules it is a tacit admission that the Senate may do that thing. There is no presumption that the Senate will not go into joint convention, although I am very sorry to say that such a mode of procedure is too common now among the States, among men who think by that means they can gain an advantage from the country when they are overthrowing the very fundamental laws which underlie its institutions. I think this matter should be left with the joint convention; that in that convention all questions which arise as to the validity of votes there to be counted by that convention should be determined. The VICE-PRESIDENT. The question is on agreeing to the report of the committee. The report was agreed to. IN HOUSE OF REPRESENTATIVES. Monday, February 6, 1865. ("Congressional Globe," XXXVIIIth Congress, 2d Session, p. 618.) Mr. COBB, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled joint resolution (H. R. No. 126) declaring certain States not entitled to representation in the electoral college; when the Speaker signed the same. A message was received from the Senate by Mr. HICKEY, its Chief Clerk, notifying the House that that body had passed a concurrent resolution providing joint rules for the government of the two Houses in counting the votes for President and Vice-President of the United States, in which he was directed to ask the concurrence of the House. Mr. STEVENS. I ask unanimous consent to take from the Speaker's table and put upon its passage a concurrent resolution sent to us | resentatives, at the Clerk's desk; for the other from the Senate to-day in reference to count- officers of the two Houses, in front of the ing the electoral votes. Clerk's desk and upon either side of the Speaker's platform. No objection being made, the resolution was taken up, considered, and agreed to, as follows: Resolved, by the Senate (the House of Representatives concurring therein), That the following be added to the joint rules of the two Houses, namely: The two Houses shall assemble in the Hall af the House of Representatives at the hour of one o'clock P. M., on the second Wednesday in February next succeeding the meeting of the electors of President and Vice-President of the United States, and the President of the Senate shall be their presiding officer. One teller shall be 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, the certificates of the electoral votes; and said tellers having read the same in the presence and hearing of the two Houses thus assembled, shall make a list of the votes as they shall appear from the said certificates, and the votes having counted, 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. If, upon the reading of any such certificate by the tellers, any question shall arise in regard to counting the votes therein certified, the same having been stated by the presiding officer, the Senate shall thereupon withdraw, and said question shall be submitted to that body for its decision; and the Speaker of the House of Representatives shall in like manner submit said question to the House of Representatives for its decision, and no question shall be decided affirmatively, and no vote objected to shall be counted, except by the concurrent votes of the two Houses, which being obtained, the two Houses shall immediately reassemble, and the presiding officer shall then announce the decision of the question submitand upon any such question there shall be no debate in either House. And any other question pertinent to the object for which the two Houses are assembled may be submitted and determined in like manner. ted; 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, a chair 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 occupied by the Senators; for the tellers, Secretary of the Senate and Clerk of the House of Rep Such joint meeting shall not be dissolved until the electoral votes are all counted and the result declared, and no recess shall be taken unless a question shall have arisen in regard to the counting of any such vote, in which case it shall be competent for either House, acting separately, in the manner herein before provided, to direct a recess not beyond the next day at the hour of one o'clock P. M. Mr. Stevens moved that the vote by which the resolution was agreed to be reconsidered; also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. IN SENATE. Tuesday, February 7, 1865. ("Congressional Globe," 38th Cong., 2d Session, pp. 628, 629.) A message from the House of Representatives, by Mr. McPherson, its Clerk, announced that the House of Representatives had agreed to the concurrent resolution of the Senate proposing an additional joint rule of the two Houses, providing that the two Houses shall assemble on the second Wednesday in February next after the meeting of the electors of President and Vice-President of the United States, in the Hall of the House of Representatives, for the purpose of opening and couuting the votes for President and Vice-President; and prescribing the rules for the proceedings of the two Houses in such joint meeting. Mr. TRUMBULL. The joint rule which has been adopted by the two Houses in regard to counting the votes for President and VicePresident to-morrow makes it the duty of the Senate to appoint one teller on its part and the House to appoint two. I move that the President of the Senate appoint the teller on the part of the Senate. The motion was agreed to, and the VicePresident appointed Mr. Trumbull. IN HOUSE OF REPRESENTATIVES. Tuesday, February 7, 1865. (Congressional Globe," 38th Cong., 2d Session, p. 652.) The Speaker appointed Messrs. Wilson and Dawson as tellers on the part of the House to count the electoral vote for President and Vice-President of the United States. IN SENATE. Wednesday, February 8, 1865. ("Congressional Globe," 38th Cong., 2d Session, pp. 654-657.) A message from the House of Representatives, by Mr. McPherson, its Clerk, announced that the House had, in conformity to the joint rule on the subject, appointed Mr. J. F. Wilson, of Iowa, and Mr. J. L. Dawson, of Pennsylvania, tellers on its part, to examine and count the electoral votes for President and VicePresident of the United States on this day. The VICE-PRESIDENT. The hour agreed upon by the concurrent vote of the two Houses having arrived, the Senate will now repair to the Hall of the House of Representatives, for the purpose of opening, counting, and declaring the votes for President and Vice-President of the United States for the term commencing on the 4th of March, 1865. The Senate accordingly proceeded to the Hall of the House of Representatives, preceded by the Sergeant-at-Arms, and headed by the Vice-President and the Secretary. The Senate returned to their Chamber at two o'clock P. M. Mr. TRUMBULL. I ask unanimous consent of the Senate to offer a resolution in connection with our proceedings in conjunction with the House of Representatives. It is the usual resolution. The VICE-PRESIDENT. Is there any objection? The Chair hears none. The resolu- | tion will be received, and read. Mr. TRUMBULL The joint committee on the part of the Senate, appointed to join such committee as might be appointed on the part of the House of Representatives to ascertain and report a mode of examining the votes for President and Vice-President of the United States, and of notifying the persons elected of their election, in further execution of the duties with which they were charged by the two Houses, have agreed to the following resolution, which I ask the Senate to consider now: Resolved, That a committee of one member of the Senate be appointed by that body to join a committee of two members of the House of Representatives, to be appointed by that House, to wait on Abraham Lincoln, of Illinois, and to duly notify him that he has been duly elected President of the United States, for four years, commencing with the 4th day of March, 1865; and also to notify Andrew Johnson, of Tennessee, that he has been duly elected Vice-President of the United States, for four years, commencing on the 4th day of March, 1865. The resolution was adopted. IN HOUSE OF REPRESENTATIVES. Wednesday, February 8, 1865. ("Congressional Globe," 38th Cong., 2d Session, pp. 667-669.) At five minutes past one o'clock P. M. the Doorkeeper announced the Senate of the United States. The Senate entered the Hall, preceded by its Sergeant-at-Arms and headed by the VicePresident and the Secretary of the Senate, the members and officers of the House rising to receive them. The Senators took the seats set apart for them in the eastern section of the Hall. | The VICE-PRESIDENT took his seat as presiding officer of the joint convention of the two Houses, the Speaker occupying a chair on the left of the Vice-President. Senator TRUMBULL, the teller appointed on the part of the Senate, and Messrs. WILSON and DAWSON, the two tellers appointed on the part of the House, took their seats at the Clerk's desk, at which the Secretary of the Senate and the Clerk of the House also occupied seats; two of the Clerks of the Senate occupying seats at the reporters' desk. The VICE-PRESIDENT. The Senate and House of Representatives having met under the provisions of the Constitution for the purpose of opening, determining, and declaring the votes for the offices of President and Vice-President of the United States for the term of four years commencing on the fourth of March next, and it being my duty, in the presence of both Houses thus convened, to open the votes, I now proceed to discharge that duty. The Vice-President then proceeded to open and hand to the tellers the votes of the several States for President and Vice-President of the United States, commencing with the State of Maine. Senator TRUMBULL, one of the tellers, read in full the certificate of the vote of the State of Maine, giving seven votes for Abraham Lincoln, of Illinois, for President of the United States, and seven votes for Andrew Johnson, of Tennessee, for Vice-President of the United States. Senator WADE. Mr. President, I move to dispense with the reading of everything in the certificate except the result of the vote. Mr. COX. Mr. President, I believe that it is not competent for this joint convention to have any motion submitted, but I suggest, as General Cass suggested in 1857, that only the result of the votes shall be announced. The VICE-PRESIDENT. That can be done, as suggested. The Chair does not think that it is within his power to receive the motion, unless the Senator from Ohio desire that the Senate shall separate in order to pass upon the question. Senator WADE. I do not propose any such thing. I believe we may dispense with the reading of all but the results. The VICE-PRESIDENT. The Chair will, therefore, if there be no objection, direct the results of the returns only to be read. The tellers will now read the results of the vote of the State of New Hampshire. The tellers reported, through Senator TRUMBULL, that they had examined the vote of the State of New Hampshire, that they found it in due form, that all the votes given for President of the United States were five, all which were for Abraham Lincoln, of the State of Illinois; and that all the votes given for VicePresident of the United States were five, all of which were for Andrew Johnson, of the State of Tennessee. |