judge in whose custody one certificate of the votes from that State has been lodged, and such judge shall forthwith transmit that list to the seat of Government.

Act March 1, 1792, c. 8, § 4, 1 Stat. 240. Act Oct. 19, 1888, c. 1216, § 2, 25 Stat. 613.

This section, as enacted in the Revised Statutes, was amended by Act Oct. 19, 1888, c. 1216, § 2, cited above, by changing the time for sending for the list from "the first Wednesday of January, indicated by the preceding section" (R. S. § 140, ante, § 209), to "the fourth Monday of the month of January in which their meeting shall have been held."

See note to first section of said amendatory act, ante, § 210.

(R. S. § 142. Superseded.)

This section provided for the counting of the electoral votes in Congress. It was superseded by the more detailed provisions of Act Feb. 3, 1887, c. 90, §§ 4-7, post, §§ 215-218.

§ 212. (R. S. § 143.) Provision for absence of President of the Senate.

In case there shall be no President, of the Senate at the seat of Government on the arrival of the persons intrusted with the certificates of the votes of the electors, then such persons shall deliver such certificates into the office of the Secretary of State, to be safely kept, and delivered over as soon as may be to the President of the Senate.

Act March 1, 1792, c. 8, § 6. 1 Stat. 240.

§ 213. (R. S. § 144.) Mileage of messengers.

Each of the persons appointed by the electors to deliver the certificates of votes to the President of the Senate shall be allowed, on the delivery of the list intrusted to him, twenty-five cents for every mile of the estimated distance, by the most usual road, from the place of meeting of the electors to the seat of Government of the United States.

Act March 1, 1792, c. 8, § 7, 1 Stat. 240.

§ 214. (R. S. § 145.) Forfeiture for messenger's neglect of duty. Every person who, having been appointed, pursuant to subdivision one of section one hundred and forty or to section one hundred and forty-one, to deliver the certificates of the votes of the electors to the President of the Senate, and having accepted such appointment, shall neglect to perform the services required from him, shall forfeit the sum of one thousand dollars.

Act March 1, 1792, c. 8, § 8, 1 Stat. 240. § 215. (Act Feb. 3, 1887, c. 90, § 4.) Congress.

Counting electoral votes in

Congress shall be in session on the second Wednesday in February succeeding every meeting of the electors. The Senate and House of Representatives shall meet in the Hall of the House of Representatives at the hour of one o'clock in the afternoon on that day, and the President of the Senate shall be their presiding officer. Two tellers shall be previously 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, all the certificates and papers purporting to be certificates of the electoral votes, which certificates and papers shall be opened, presented, and acted upon in the alphabetical order of the States, beginning with the letter A; and said tellers, having then read the same in the presence and hearing of the two Houses, shall make a list of the votes as they shall appear from the said certificates; and the votes having been ascertained and counted in the manner and according to the rules in this act provided, the result of the same shall be delivered to the President of the Senate, who shall thereupon announce the state of the vote, which announcement shall be deemed a sufficient declaration of the persons, if any, 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. Upon such reading of any such certificate or paper, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State which shall have been regularly given by electors whose appointment has been lawfully certified to according to section three of this act from which but one return has been received shall be rejected, but the two Houses concurrently may reject the vote or votes when they agree that such vote or votes have not been so regularly given by electors whose appointment has been so certified. If more than one return or paper purporting to be a return from a State shall have been received by the President of the Senate, those votes, and those only, shall be counted which shall have been regularly given by the electors who are shown by the determination mentioned in section two of this act to have been appointed, if the determination in said section provided for shall have been made, or by such successors or substitutes, in case of a vacancy in the board of electors so ascertained, as have been appointed to fill such vacancy in the mode provided by the laws of the State; but in case there shall arise the question which of two or more of such State authorities determining what electors have been appointed, as mentioned in section two of this act, is the lawful tribunal of such State, the votes regularly given of those electors, and those only, of such State shall be counted whose title as electors the two Houses, acting separately, shall concurrently decide is supported by the decision of such State so authorized by its laws; and in such case of more than one return or paper purporting to be a return from a State, if there shall have been no such determination of the question in the State aforesaid, then those votes, and those. only, shall be counted which the two Houses shall concurrently de

cide were cast by lawful electors appointed in accordance with the laws of the State, unless the two Houses, acting separately, shall concurrently decide such votes not to be the lawful votes of the legally appointed electors of such State. But if the two Houses shall disagree in respect of the counting of such votes, then, and in that case, the votes of the electors whose appointment shall have been certified by the Executive of the State, under the seal thereof, shall be counted. When the two Houses have voted, they shall immediately again meet, and the presiding officer shall then announce the decision of the questions submitted. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of. (24 Stat. 373.)

Special provisions for counting the electoral votes for President and VicePresident for the term commencing March 4, 1877, including the creation of a commission to decide questions in cases where more than one return had been received from a State, were made by Act Jan. 29, 1877, c. 37, 19 Stat. 227. § 216. (Act Feb. 3, 1887, c. 90, § 5.) Preservation of order in

joint meeting; no debate.

While the two Houses shall be in meeting as provided in this act the President of the Senate shall have power to preserve order; and no debate shall be allowed and no question shall be put by the presiding officer except to either House on a motion to withdraw. (24 Stat. 374.)

§ 217. (Act Feb. 3, 1887, c. 90, § 6.) House.

Limit of debate in each

When the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or other question arising in the matter, each Senator and Representative may speak to such objection or question five minutes, and not more than once; but after such debate shall have lasted two hours it shall be the duty of the presiding officer of each House to put the main question without further debate. (24 Stat. 375.)

§ 218. (Act Feb. 3, 1887, c. 90, § 7.) Seats for officers and members of two Houses in joint meeting; meeting not to dissolve until count completed and result declared; recess.

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, immediately upon his left; 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 provided for the Senators; for the tellers, Secretary of the Senate, and Clerk of the House of Representatives, at the Clerk's desk; for the other officers of the two Houses, in front of the Clerk's desk and upon each side of the Speaker's platform. Such joint meeting shall not be dissolved until the count of electoral votes shall be completed and the result declared; and no recess shall be taken unless a question shall have arisen in regard to counting any such votes, or otherwise under this act, in which case it shall be competent for either House, acting

separately, in the manner hereinbefore provided, to direct a recess of such House not beyond the next calendar day, Sunday excepted, at the hour of ten o'clock in the forenoon. But if the counting of the electoral votes and the declaration of the result shall not have been completed before the fifth calendar day next after such first meeting of the two Houses, no further or other recess shall be taken by either House. (24 Stat. 375.)

(R. S. §§ 146-150. Repealed.)

These sections provided for proceedings in case of vacancy in the offices of both President and Vice-President, and for an election to fill the vacancies. They were repealed by Act Jan. 19, 1886, c. 4, § 3, 24 Stat. 1, other provisions for such a case having been made by sections 1 and 2 of that Act, post, §§ 219, 220.

§ 219. (Act Jan. 19, 1886, c. 4, § 1.) Vacancy in offices of both President and Vice-President.

In case of removal, death, resignation, or inability of both the President and Vice-President of the United States, the Secretary of State, or if there be none, or in case of his removal, death, resignation or inability, then the Secretary of the Treasury, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of War, or if there be none, or in case of his removal, death, resignation, or inability, then the Attorney-General, or if there be none, or in case of his removal, death, resignation, or inability, then the Postmaster-General, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Navy, or if there be none, or in case of his removal, death, resignation, or inability, then the Secretary of the Interior, shall act as President until the disability of the President or Vice-President is removed or a President shall be elected: Provided, That whenever the powers and duties of the office. of President of the United States shall devolve upon any of the persons named herein, if Congress be not then in session, or if it would not meet in accordance with law within twenty days thereafter, it shall be the duty of the person upon whom said powers and duties shall devolve to issue a proclamation convening Congress in extraordinary session, giving twenty days' notice of the time of meeting. (24 Stat. 1.)

§ 220. (Act Jan. 19, 1886, c. 4, § 2.) Officers eligible to act as President in case of vacancy.

The preceding section shall only be held to describe and apply to such officers as shall have been appointed by the advice and consent of the Senate to the offices therein named, and such as are eligible to the office of President under the Constitution, and not under impeachment by the House of Representatives of the United States at the time the powers and duties of the office shall devolve upon them respectively. (24 Stat. 1.)

The preceding section of this act, mentioned in this section, is set forth ante, § 219.

§ 221. (R. S. § 151.) Resignation or refusal of office. The only evidence of a refusal to accept, or of a resignation of the

office of President or Vice-President, shall be an instrument in writing, declaring the same, and subscribed by the person refusing to accept or resigning, as the case may be, and delivered into the office of the Secretary of State.

Act March 1, 1792, c. 8, § 11, 1 Stat. 241.

Sec.

CHAPTER TWO

Office and Compensation of the President

222. Commencement of term of office. 223. President's salary.

224. Increase of President's compensation.

225. President's traveling expenses. 226. Vice-President's salary.

227. Officers of the President's household.

228. Salary of Secretary to the President.

Sec.

229. Detail of employés of Executive Departments, etc., to office of the President.

230. Accommodations for horses, carriages, etc., to be provided by Quartermaster General of the Army.

231. Custody and annual inventory of public property in and belonging to Executive Mansion.

§ 222. (R. S. § 152.) Commencement of term of office.

The term of four years for which a President and Vice-President shall be elected, shall, in all cases, commence on the fourth day of March next succeeding the day on which the votes of the electors have been given.

Act March 1, 1792, c. 8, § 12, 1 Stat. 241.

§ 223. (R. S. § 153.) President's salary.

The President shall receive in full for his services during the term for which he shall have been elected the sum of [fifty thousand dollars] a year, to be paid monthly, and shall be entitled to the use of the furniture and other effects belonging to the United States and kept in the Executive Mansion.

Act Sept. 24, 1789, c. 19, 1 Stat. 72. Act Feb. 18, 1793, c. 9, 1 Stat. 318. Act March 3, 1873, c. 226, § 1, 17 Stat. 486.

The words of this section inclosed in brackets, "fifty thousand dollars," were superseded by the increase of the compensation of the President, after March 3. 1909, to $75,000, by a provision of Act March 4, 1909, c. 297, § 1, post, § 224.

The payment of the traveling expenses of the President, not exceeding $25,000 per annum, was provided for by Act June 23, 1906, c. 3523, post, § 225. § 224. (Act March 4, 1909, c. 297, § 1.) Increase of President's compensation.

After the third of March, nineteen hundred and nine, the compensation of the President of the United States shall be seventyfive thousand dollars per annum. (35 Stat. 859.)

This was a provision of the legislative, executive, and judicial appropriation act for the fiscal year 1910, cited above.

§ 225. (Act June 23, 1906, c. 3523.) President's traveling expenses. Hereafter there may be expended for or on account of the traveling expenses of the President of the United States such sum as Congress may from time to time appropriate, not exceeding twenty