IN SENATE, February 9, 1853. Mr. HUNTER. The tellers appointed by the two houses to count the votes for President and Vice-President of the United States, have instructed me to make a further report:

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 the House, to wait on Franklin Pierce, of New Hampshire, and notify him that he has been duly elected President of the United States for four years, to commence on the 4th day of March, 1853.

The resolution was considered by unanimous consent, and agreed to.

Mr. HUNTER. I move that the President of the Senate by unanimous consent, appoint the committee on the part of the Senate.

The motion was agreed to, and Mr. Hunter was appointed.

Mr. HUNTER. I am also instructed by the same committee to report the following resolution:

Resolved, That the President of the Senate do cause William R. King, of Alabama, to be notified that he has been duly elected Vice-President of the United States for four years, to commence on the 4th day of March, 1853.

The resolution was considered by unanimous consent, and agreed to.

IN THE HOUSE OF REPRESENTATIVES, February 9, 1853.

The foregoing resolution in regard to informing Franklin Pierce, of New Hampshire, of his election as President of the United States, was received in the House.

On motion of Mr. Jones the resolution was concurred in.

Mr. JONES. I move that the Speaker appoint the committee.

The motion was agreed to; and the Speaker appointed Mr. George W. Jones and Mr. Harry Hibbard as such committee on the part of the House.

ELECTION FOR THE EIGHTEENTH TERM-1857.

JAMES BUCHANAN, President.

JOHN C. BRECKINRIDGE, Vice-President.

IN SENATE, February 2, 1857.

Mr. BIGLER Submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That a committee be appointed, to consist of three members, to join such committee as may be appointed by the House of Representatives, to ascertain and report a mode for examining the votes for President and Vice-President of the United States, and to notify the persons elected of their election.

Mr. Bigler, Mr. Benjamin, and Mr. Foot were appointed the committee on the part of the Senate.

IN THE HOUSE OF REPRESENTATIVES, February 2, 1857. Mr. JONES, of Tennessee. I move that a committee of five be appointed by the Chair in conformity with the resolution of the Senate.

The motion was agreed to; and on February 3 the Speaker announced that he had appointed Messrs. Jones of Tennessee, Washburne of Maine, Fuller of Pennsylvania, Liten and Bocock, the committee on the part of the House to co-operate with the Senate committee 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 elec

tion.

IN SENATE, February 4, 1857.

Mr. BIGLER, from the joint committee, reported the following resolution; which was considered and agreed to:

Resolved, That the two houses will assemble in the chamber of the House of Representatives on Wednesday, the 11th instant, at twelve o'clock, and the President pro tempore shall be the presiding officer; that one person shall be appointed teller on the part of the Senate, and two on the part of the House of Representatives, to make a list of the votes as they shall be declared; that the result shall be delivered to the President of the Senate pro tempore, who shall announce the state of the vote and the persons elected to the two houses assembled; which shall be deemed a declaration of the persons elected President and Vice-President of the United States, and, together with a list of votes, be entered on the journals of the two houses.

The President pro tempore appointed Mr. Bigler the teller on the part of the Senate.

IN THE HOUSE OF REPRESENTATIVES, February 5, 1857. The foregoing resolution was considered, and concurred in, and Mr. Geo. W. Jones, of Tennessee, and Mr. Howard, of Michigan, were appointed tellers upon the part of the House.

February 11, 1857.

Mr. JONES, of Tennessee, said: Mr. Speaker, the hour of twelve o'clock m. has now arrived, and I move the following order:

Ordered, That the Clerk inform the Senate that the House of Representatives is now ready to receive that body for the purpose of proceeding to open and count the votes of the electors of the several States for President and Vice-President of the United States.

The motion was agreed to.

Mr. WHITNEY. If it be not out of order at the time, I should like to ask a question of the Chair on a matter of high importance.

The SPEAKER. No debate is in order. No question is before the House. The House is acting under a special order. An inquiry relating to the special order is in order. Mr. WHITNEY. I simply desired to propound a question for the information of the House as well as for my own information.

The SPEAKER. It can only be received by unanimous consent.

Mr. RUFFIN. I object.

Mr. WHITNEY. If the committee be still in existence I would like to ask the ChairMr. RUFFIN. I call the gentleman from New York to order.

The SPEAKER. The gentleman is not in order.

IN THE PRESENCE OF THE SENATE AND HOUSE OF REPRESENTATIVES,

February 11, 1857.

At twelve o'clock and twenty minutes, the Doorkeeper announced the Senate of the United States.

The Senate entered the hall, preceded by its Sergeant-at-Arms, and headed by its President and Secretary--the members of the House standing in their seats.

Mr. Mason, the President of the Senate, took his seat on the right of the Speaker of the House of Representatives, and presided over the two houses, and the members of the Senate took seats provided for them in the area of the House.

The PRESIDING OFFICER. Pursuant to law, and in obedience to the concurrent order of the two houses, the President of the Senate will now proceed to open and count the votes which have been given for a President and Vice-President of the United States, for the term prescribed by the Constitution, to commence on the 4th day of March, 1557. The teller appointed on the part of the Senate, and the two tellers appointed on the part of the House, will please take the seats assigned them in discharge of their duties.

Mr. Bigler, the teller appointed on the part of the Senate, and Messrs. Jones, of Tennessee, and Howard, the two tellers appointed on the part of the House, took their seats at the Clerk's desk.

The Presiding Officer thereupon 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.

Pending the count,

Senator CASS said: I suggest that it is better to read the results of the vote, and not the certificates in full, unless the reading of the certificates be called for.

The PRESIDING OFFICER. The Presiding Officer considers that the duty of counting the vote has devolved on the tellers under the concurrent order of the two houses; and he considers, further, that the tellers should determine for themselves in what way the votes are verified to them, and read as much as they may think proper to the two houses assembled.

The tellers discontinued the reading of the certificates in full, and merely announced the votes of each State. It appeared from the certificate of the electors of the State of Wisconsin that the electoral vote of that State had not been cast on the day prescribed by law.

Mr. LETCHER. If I understand the vote which has just been read, it has not been cast on the day prescribed by law for voting for President and Vice-President of the United States. I do not know what would be proper in a case of this sort; but I desire now to call attention to it, in order that the point may be brought to the attention of the country. A time may come when it would be a matter of importance to have these votes in regular shape. I desire, so far as I am concerned now, as a Representative of the people, to present my objection to the reception of this vote.

The PRESIDING OFFICER. The Presiding Officer considers that debate is not in order while the tellers are counting the votes.

Mr. JONES, of Tennessee. I suppose, Mr. President, the proper way would be for the tellers to report the facts to the convention of the two houses, and let them decide.

The PRESIDING OFFICER. The Presiding Officer so considers.

Mr. SMITH, of Tennessee. Would it be in order now to move that the vote of the State of Wisconsin be received?

The PRESIDING OFFICER. It would not be in order.

The count of the votes having been concluded,

Mr. JONES, of Tennessee, one of the tellers, reported. He said: Mr. President, the tellers appointed on the part of the two houses to count and report the votes given for President and Vice-President of the United States, report that they have examined all the returns, and find that they were all regular, and that the votes were cast on the day required by law, except in the case of the votes cast by the electors of the State of Wisconsin. Their returns show that they cast their electoral vote in that State on the 4th of December, instead of on the first Wednesday of December, (which was the 3d,) as required by law. All the returns show that James Buchanan, of the State of Pennsylvania, received 174 votes for President of the United States; that John C. Frémont, of the State of California, received—including the votes of Wisconsin-114 votes for President of the United States; that Millard Fillmore, of the State of New York, received 8 votes for President of the United States; that John C. Breckinridge, of the State of Kentucky, received 174 electoral votes for Vice-President of the United States; that William L. Dayton, of the State of New Jersey, received-including the five votes of Wisconsin-114 electoral votes for Vice-President of the United States; and that Andrew Jackson Donelson, of the State of Tennessee, received 8 electoral votes for the Vice-Presidency of the United States.

The following is the full statement of the tellers:

Statement of votes for President and Vice-President of the United States, for four years from the 4th of March, 1857.

Mr. LETCHER. Is it in order now to move to exclude the vote of Wisconsin from that count?

The PRESIDING OFFICER. No debate is in order, in the opinion of the Presiding Officer.

Senator CRITTENDEN. Do I understand the Chair to decide that Congress, in no form, has power to decide upon the validity or invalidity of a vote?

The PRESIDING OFFICER. The Presiding Officer has made no such decision, he will inform the Senator from Kentucky. The Chair considers that, under the law and the concurrent order of the two houses, nothing can be done here but to count the votes by tellers, and to declare the vote thus counted to the Senate and House of Representatives sitting in this chamber. What further action may be taken, if any further action should be taken, will devolve upon the properly-constituted authorities of the country-the Senate or House of Representatives, as the case may be. The Chair was misunderstood by the Senator from Kentucky. In pursuance of the order of the two houses, the Presiding Officer will now announce the vote which has been delivered to him by the tellers.

The Presiding Officer proceeded to recapitulate the vote as announced to the joint convention by Mr. Jones, of Tennessee, one of the tellers upon the part of the House, and then said: Thus it is reported by the tellers that the whole number of electors appointed to vote for President and Vice-President of the United States is 296, of which 149 make a majority. The state of the vote for President of the United States, as delivered by the tellers, is, for JAMES BUCHANAN, of Pennsylvania, 174 votes; for JOHN C. FREMONT, of California, 114 votes; for MILLARD FILLMORE, of New York, 8 votes ; and the state of the vote for Vice-President of the United States, as delivered by the tellers, is, for JOHN C. BRECKINRIDGE, of Kentucky, 174 votes; for WILLIAM L. DAYTON, of New Jersey, 114 votes; and for ANDREW J. DONELSON, of Tennessee, 8 votes.

In further execution of the concurrent order of the two houses, the Presiding Officer therefore declares that James Buchanan, of the State of Pennsylvania, having the greatest number of votes for President, that number being a majority of the whole number of electors, has been duly elected President of the United States for the term prescribed by the Constitution, to commence on the 4th of March, 1857. I also declare that John C. Breckinridge, of the State of Kentucky, having the greatest number of votes for Vice-President, and that number being a majority of the whole number of electors, has been duly elected Vice-President of the United States for the term prescribed by the Constitution, to commence on the 4th day of March, 1857.

Mr. H. MARSHALL. Mr. President, I think that it is a matter of public importance, not for this occasion, but for some occasion which may arise hereafter, that the ruling of the Chair upon this occasion should be publicly excepted to. I understand the Chair to have ruled that it is within the competency and function of the President of the Senate, in the presence of the Senate and House of Representatives, to open certificates and to count the votes, thereby giving to the President of the Senate the function of counting. Now, in the case which has arisen-the case of Wisconsin-the President of the Senate, through the tellers, announces the vote of Wisconsin, and the vote of Wisconsin is therefore counted, upon your decision. Whether that is a vote or not must depend upon the determination of this convention, and if you will regard the verbiage of the Constitution, you will find that your function goes no further than to open the certificates. The language of the Constitution is that "the President of the Senate, in the presence of the House of Representatives, shall open all the certificates," and then the phraseology changes, and proceeds," and the votes shall be counted," not by you, but by us; and whenever a vote is challenged, this is the time, and this the only place, where a determination can be formed whether it is a vote. I merely want to raise the point, as we all know it makes no difference in the result in this case, but a case might arise in which it might make a difference.

Mr. SMITH, of Tennessee. I rise to a question of order. Is debate in order?

The PRESIDING OFFICER. The Presiding Officer would state that, the votes having been counted and announced, the functions of the two houses, assembled for the purpose of counting the votes, are discharged.

Senator TOOMBS. I except to that decision of the Chair, and appeal from that judgment. I wish to enter my dissent from that decision, that it may not be hereafter drawn into a precedent. I do not consider it law, and I do not consider that the Presiding Officer has a right to close the mouths of Senators and Representatives here, in whose hands the decision of this question must rest.

The PRESIDING OFFICER. The Presiding Officer was about to state that the Constitution provides that the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed. And so as to the Vice-President. The concurrent order of the two Houses provides

"That the two houses will assemble in the chamber of the House of Representatives on Wednesday, the 11th instant, at twelve o'clock, and the President of the Senate pro

tempore shall be the presiding officer; that one person be appointed a teller on the part of the Senate, and two on the part of the House of Representatives, to make a list of the votes as they shall be declared; that the result shall be delivered to the President of the Senate pro tempore, who shall announce the state of the vote and the persons elected to the two houses assembled; which shall be deemed a declaration of the persons elected President and Vice-President of the United States, and, together with a list of votes, entered on the Journals of the two houses."

Mr. LETCHER. Will the Chair indulge me for a moment?

cer.

The PRESIDING OFFICER. The Presiding Officer will be allowed to conclude what he was saying. The Presiding Officer considers that the only duty imposed by the Constitution was, that the vote should be counted in the presence of the Senate and House of Representatives. He considers that the vote has been counted by the tellers in the presence of the two houses, and under the charge, he presumes, of the Presiding OffiThe tellers have reported the facts upon the vote. In reference to one State, the State of Wisconsin, the tellers have reported that the vote of that State was cast on a day different from that prescribed by law. The Presiding Officer is not aware that what effect, if any, such a difference would have on the vote of that State, can be decided by him. Nor is it his duty to decide upon whom devolves the duty of determining what the effect may be. The Presiding Officer is further required to declare the whole vote as given. That duty he has discharged. He is further required to declare who has received a majority of the whole vote from the list delivered to him by the tellers, and to declare such person elected President or Vice-President, as the case may be.

Senator BUTLER. Mr. President, this is a question of rather a novel character, and I should regret very much to see it come to be regarded as a precedent. Now, sir, I should regard it myself as the most dangerous deviation from the Constitution and law, that one State should assume, either by act or by inadvertence, or in any other way, to give a vote at a different time from another State; because if, when we were electing a Chief Magistrate of this confederacy, the vote should be so equally divided that one State, by reserving its power, in other words, by not voting at the time the other States did-postponing it one month or one day-with this telegraphic communication running to every part of the Union, would change the result, that State would be umpire in choosing the President of the United States; and I am not going to allow any one State to be a corps de reserve in this matter if I can help it by my vote. I am very decidedly of the opinion that the Chair ought not to count the vote of Wisconsin as a vote on this occasion.

Senator BIGLER. I am instructed by the tellers to state to the President and the convention, that they have not yet signed this certificate, and that they have determined to sign it only when it sets forth all the facts. One of those facts is with reference to the vote of Wisconsin-the vote of that State not having been cast on the day prescribed by law. The certificate which they will sign will set forth that fact. As to the determination on that discrepancy, the tellers have no suggestion to make. Senator CRITTENDEN. I shall not presume before Congress to occupy a moment's time with argument. I wish merely to say that the sense of duty, an honorable sense of duty I have no doubt, upon which the Presiding Officer has acted in assuming to declare the number of votes, involves the privilege of determining a presidential election, and saying who shall be President. I protest against any such power. Senator TOOMBS. I join with the Senator in that protest.

The PRESIDING OFFICER. The Presiding Officer is utterly unaware that he has assumed the exercise of any such power.

Senator TOOMBS. I consider that the Presiding Officer has done so.

The PRESIDING OFFICER. The concurrent order of the two houses makes it the duty of the President of the Senate to announce the state of the vote, and the persons elected, to the two houses assembled. That duty he has discharged, and none other. Mr. ORR. I move that the vote of the State of Wisconsin be rejected, and that the tellers be instructed not to include it in their count. Mr. President, I have but a few words to say. The necessity of this action will, I think, be apparent, if we will look at the matter, assuming that the vote of Wisconsin would determine the result. Suppose the result of the election would depend on the vote of that State: how would it be possible to declare who was elected until it had been decided whether or not that vote was to be received? Who is to decide that? The Constitution and the laws require that the two houses shall meet in joint convention, and that the votes of the electors of the several States shall be opened and counted before them.

Senator TOOMBS. What votes?

Mr. ORR. The votes for President and Vice-President. This, in my judgment, confers upon them the power to determine whether a vote be valid or invalid. Otherwise it is a mere farce if they are called on only to witness the counting. The counting might just as well be done by the Vice-President or the President of the Senate, without the presence of the two houses. But it is to guard against an illegal vote being counted that the two houses are required to be assembled together. I therefore move that the