The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-10

lie Will be ObSelYeu tnae snt' sPAAosi., $50
leaves several important Things open 10 con ~
struction, The votes OF the scverai Eieeto-
RI, Colleges are to bS sealed up anu SEM W
the president OF the Senate, ana Dy MN 70
No ananed only. and for the first time, IN
tho nresenees oi the two houses when they
are assembled to witness the counting OF
the vote. Tt has generally been considered
that tina two houses are assembled not rs q
ioint convention or as constituting one
body made ND Of the members OF eacni
hoIlse. but that each Is present In It's own
canacity to witness the counting OF the
vote. The president OF the Senate is TO,
omen the packages containing the electoral
votes in the presence OF the two houses,
stand the votes shall then be counted" BY
whom shall the votes be counted, and who
shall determine and pronounce the result!
n the two houses thus assembled DO
not constitute Joint convention with
the power in that character to count the
votes and determine the result, then the two
houses cannot act ut all except each in its
separate capacity; and netting in that way
they could take no action which would be
of q binding character unless both houses
concurred in it. 1.-the two houses cannot
thus determine the result and count the
votes, then it must be done by the presl-
dent OF the Senate, and 1t will be Tor him
to determine and announce the result.
When the electoral vote was counted IN
1861 objection was made to receiving the
vote of Wisconsin upon the ground tna
the electors had not cast their votes on the
day fixed by law, having been prevented by
a snow-storm, although the vote was cast
on the next day; but Mr.. Mason, president
OF the Senate, decided. that the oblectlon
was not in order, and that nothing
was IN order but to count the votes.
His decision created much discussion
and excitement at the time, and led to
quite an extended consideration OF
the whole subject in each house. 1t may be
said that the general current OF opinion
from the beginning has been that the Two
houses, when assembled to witness the
counting Of the vote do not constitute
Joint convention, or single BODY composed
Of the members of each house, but that
each house is present IN It's separate ca
pacity as witnesses to the counting OF the
votes. AS to what power or control the
two houses acting separately may exercise
over the counting OF the votes, and the de-
termination Us to who has been elected, has
been the subject OF discussion, and about
which there has been a great difference OF
the Senate | assumed that the two houses,
by their concurrent action, might control
the counting Of the votes. The twenty-se-
cond Joint rule put it in the power OF one
house alone to disfranchise any or all OF the
States, which regarded as absurd and dam
gerouS. y. L. MORTON.
Palace Hotel, San Francisco, October 20,
1876.
THE rwrSTy-SEcoSD JOINT HULE-LETTER
FROM SENATOR SHERMAN.
Iothe Editor of the Cincinnati Commercial:
In compliance with your request for the
history of the manner in which the twenty
second Joint rule Of the two houses OF Con-
gress regulating the mode OF counting the
electoral vote for President was abrogated, l
have looked through the proceedings OF
Congress at the last session, and find the fol-
lowing stages OF the action on this ques-
ton: a...... -.
On the 18th of December, 1915, Mr.. Ed
munds, OF Vermont, offered a resolution as
follows. E..
ResoLved, That the joint rules OF the SEN
ate and House OF Representatives, in force
at the close of the last session OF Congress,
be and the same are hereby adopted as the
Joint rules OF the two houses at the present
session. Congressional Record, page 220. +
After statement by Mr.. Edmunds that
his object was to obtain a report OF the
Committee on Rules as to whether the Joint
rules OF the last session were in force With
out any vote at the present session, the reso-
Iution was referred to that committee.
January 10. 1876, the Committee on Rules,
by Mr.. Hamlin, reported back the resolu-
ton with an amendment, making it con-
current resolution OF the two houses in
stead of mere resolution of the Senate. He
also stated his view Of the Joint rules, that
they were only operative upon the two
houses by acqliescencc, as each house was
by the Constitution empowered to make its
own rules. .. .--
Mr.. Morton then moved to except the
twenty-second Joint rule, leaving the rest in
force. Thereupon the resolution and
amendment went over Congressional
Record, page $685.. >, .."i4.sa -,
On the 29th of january, 1876, the resolu-
ton was again taken up, and the amend
ment OF Mr.. Morton excepting the twenty
second Joint rule was adopted. Mr.. Bayard
then offered a substitute, which was re-
iected, and the resolution in the form Of a
concurrent resolution was adopted by the
Senate Congressional Record, page, $40.
The action Of the Senate on this resolu-
ton could only be understood by. refer
ence to the debate on bill introduced by
Mr.. Morton at the beginning of the session
to provide for and regulate the, counting OF
votes for President and Vice-President.
This bill was referred to the Committee on
Privileges and Elections. It. was reported
back amended, and after much debate
passed the Senate on the oath of March,
1876, by vote OF 80 yeas to 2G nays. [See
Congressional Record, PIP. 1862, 1914, 1900,
1910, 1886, 1851 4..-... .s.
On the day of its passage Mr.. Thurman,
who had voted for it, moved a reconsidera-
ton. This was debated at different times,
but no final action was had on the bill, and
it is now pending in the Senate. 1sr.
On the 14th of,August, 1876, message
was announced to the Senate that the House
had passed resolution suspending the SIX
teenth and seventeenth joint rules for the
remainder of the session. The action of the
House was based upon the assumption that
these rules, together with the other joint
rules OF previous sessions, were still in
force. When this announcement was made
MIR. Hamlin said that 8. we have no sixteenth
and seventeenth Joint rules to suspend"
Subsequently, on. the same day, Mr.. Ed
munds, i'll response to the resolution of the
House, offered the following: Us. e". $50
Resolved, That the resolution OF the
House of Representatives, presented this
day in the following words - "Resptued
bu the House Of Representatives (the Senate
concurringl That the sixteenth and seven
teenth Joint rules be suspended for the re
mainder OF the session '--be respectfully
returned to the; House Of Representatives
with the statement that, us the House OF