And whereas it is of the utmost importance that all differences of opinion and all doubt and uncertainty upon these questions should be removed, to the end therefore that the votes may be counted and the result declared by a tribunal whose authority none can question and whose decision all will accept as final: Therefore,
Resolved, That a committee of seven members of this House be appointed by the Speaker, to act in conjunction with any similar committee that may be appointed by the Senate, to prepare and report without delay such a measure, either legislative or constitutional, as may in their judgment be best calculated to accomplish the desired end, and that said committee have leave to report at any time.
This resolution was sent to the Senate, and in response thereto, on December 18 the Republican Senate passed a resolution in the following words:
Resolved, That the message of the House of Representatives on the subject of the presidential election be referred to a select committee of seven Senators, with power to prepare and report, without unnecessary delay, such a measure either of a legislative or other character, as may, in their judgment, be best calculated to accomplish the lawful counting of the electoral votes, and the best disposition of all questions connected therewith, and the due declaration of the result: and that said committee have power to confer and act with the committee of the House of Representatives named in said message, and to report by bill or otherwise.
On December 21 the Senate appointed, as members of its select committee, Messrs. Edmunds, Morton, Frelinghuysen, Logan, Republicans; Messrs. Thurman, Bayard, and Ransom, Democrats. (Mr. Logan declined the appointment and Mr. Conkling was appointed in his place.) On December 22 the House of Representatives appointed, as the members of its committee, Messrs. Payne, Hunton, Hewitt, Springer, Democrats, and Messrs. McCrary, Hoar, and Willard, Republicans. These two committees proceeded to consider the subject separately; and they held conferences from time to time with a view to agreeing upon one measure to accomplish the great objects named in the resolutions of the two Houses. After much discussion and deliberation, the two committees agreed that there should be reported in the Senate the bill which, without amendment in either House, became the law under which the procedure of the two Houses and the Electoral Commission took place. This bill was reported by me to the Senate January 18, 1877. After much debate and the rejection of sundry amendments it passed the Senate, January 24, by a vote of forty-seven yeas and seventeen nays. The negative votes were nearly all cast by Republicans. The bill was then sent to the House, where, on January 26, it was referred to the House committee on the subject, and on the same day was reported to the House by Mr. Payne without amendment. After debate it passed the House without any amendment, by a vote of one hundred and ninety-one yeas and eighty nays. The negative vote was composed, as in the Senate, very largely of Republicans. In the Senate, before the final vote was taken, it was perfectly understood that the bill would pass by a large majority in the form in which it came from the committee. It was seen, apparently, that some gentlemen who were supposed to have hopeful visions of their political future felt that they could safely vote against the bill, of which, if it were followed by the success of Mr. Hayes, it could be said to be quite unnecessary; and if it were followed by the success of Mr. Tilden it could be said that disaster to the Republican party had been brought about by the foolish conduct of the Republicans who supported it.