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[MVB], Notes on the election of president and vice president, [c13 April 1824]

Marshals amendment was disapproved of by the <illegible> Federalists

April 21st on mo. of Mr Harper the bill was referd to a select committee.

28. Marshal reported a new bill.

Marshalls Bill

Title instead of saying "to decide disputed elections, it is to "prescribe the mode to count the votes"

1st Section. 4 members to be chosen by ballot in each house to form a comtte to hear all disputes relative to &c other than such as might relate to the number of votes by which the electors may have been appointed

2d. All documents petitions &c. to be deferd to committee except the transcript containing the vote

3. 6 members two of each house to constitute a quorum & one to ^<illegible>^ supply vacancies

4 Power to send for person & papers & examine Witnesses

5. Duty of Marshals.

6. Clark to keep a Journal

7th Appointmt of tellers & their duties.

8. Committee to report the evidence but no opinion, then the Count to take place, to decide by ballot which state shall be first taken up. If exception is taken were bound to retire & to take the <illegible> vote of the respective houses without debate, to return & if both houses concur in the rejection the vote to be rejected if not the vote to be counted & so on untile the same is finished

9. Neither house to have power to alter the committee

10 Similar the form & manner of transmission of the votes by the electors & that Govrs. shall send copies of the laws.

11. Permits the power of reading petitions & votes &c.

remaining sections provide for the manner of taking testimony.

April 28th Nr Nicholas seeing no use for this committee & fearing they might do mischief & disliking their powers to send for persons & papers moved to strike out every thing that relates to the committee, negatived 43 to 39.

Congress might as well annihilate their own powers & <illegible> all in the president.

April 30th. Mr Gallatin moved that instead of the two houses retiring "The exception should be immediately and without debate taken by ayes & noes and decided by a majority of both houses then permit" negated 46 to 44, <illegible> through bill and reportd

May 1st On Report of Committee. Marshal moved an amendment requiring the concurrence of both powers before a vote should be counted carried by the casting vote of the Speaker.

Bill agt. recomitted a mo. of matriculation, the amendment just made struck out, & mo. agt. made to strike out first section rejectd lost 41 to 47.

Mr Gallatin agn. renewed his motion & succeeded 48 to 46.

May 10th. Both houses <illegible> <illegible> to their respective bills & the same was lost.

By the bill as first introduced in the Senate a committee of six were to be appointed, for each house & they together with the chiefs Justice were to form a Senate committee. They first could not be dissolved or chargd

2d. They might send for Persons & paper.

3. They were to meet in secrete

4th. They had power given to them not only to divide on the points of qualifications raisd by the constitution but on the conduct of the dates & whether bilous threats & had ben used

5th. the division of the majority <illegible>, the only allowed was in the constitution of the <illegible> <illegible>​​​​​​​ <illegible>​​​​​​​ substituted for the chief Justice have relative to the Election of President & Vice President

Marshals amendmt. attend it so far as 1st. To take from the committee the eight to give an opinion confirming them to a report of the parts & their> regulated the proceedings of the two houses to their manner of acting on the report.

The attempt was made to strike out the committee altogether which would have left the bill as this is.

That failed but ultimately the two houses split on an other part raised by Mr Jefferson Gallatin

Source: DLC Library of Congress
Collection: MVB Papers (DLC)
Series: Series 4 (3 December 1821-31 December 1824)