The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-23
Mr.. Lincoln's Message as to Excluding
Electoral Votes. -

The fact is settled that the great leader of
the Republican party claimed that Congress
had control so entire and exclusive over
the counting of the electoral votes for Presi-
dent and Vice-President that he protested
that it was not necessary to pass law on
the subject. We stated yesterday that the
Joint resolution which he did not care to
sign was the 22d joint rule; but it was not.
The Joint rule and the joint resolution were
passed at the same session-and both in
February. They both tend to the same
point. But the Joint resolution was more
specific even than the Joint rule. 1t was as
follows: ,. Ea. ~ n...-.-
IS Be 1t resotued by the Senate and House
Of Representatives Of the United States Of
america in Congress assembled, That the.
States mentioned in the preamble to this re-
solution Virginia, North Carolina, South
Carolina, Georgia, Florida, Alabama, Mis-
sissippi, Louisiana, Texas, Arkansas, and
TENNESSEE are not entitled to representa-
ton in the Electoral College for the choice
of President and Vice-President OF the
United States for the term Of Office COM
mencing on the 4th day Of March, 1865
and no electoral voteS shall be receiued or
counted from said States concerning the
choice of President and Vice President for
sad term of office"
For this resolution the following senators
voted: Messrs. anthony BROWN, BUcKA-
Lew, Chandler, CLARK, CoLLAMER, Con-
NESS, DAVIS, DIXON, FARwELL, FOSTER,
GRIMES, HALE, HARLAN, HENDERSON, Hen
dricks, HOWARD, johnson [Reyerdyl, Nor
GAN, -NorrM, NYE, POWELL, RAMSEY, Sher-
man, STEUART, SUMNER, TRANQUIL, WADE,
and WRIGHT-29.
ZACH. CHANDLER, SHERMAN, ANTHONY,
1.-THE probable next president Of the Senate,)
Mr.. SUMNER. in fact almost every Republic
can senator, then took the position which
Mr. TRUMBULL and Mr.. HENDRICKS took
then and still adhere to.
1t must not be forgotten that Louisiana
and Tennessee had been re0rganized, and
had at the time loyal State governments.
Both those States had chosen electors Of
President and Weep President, and the GER
tificateS stating how these electors had voted
were in the hands OF the President of the
Senate, and this fact was known to all the
senators, when the aboTe-quoted Joint reso-
luton was passed. Now, read the above
joint resolution in connection with Mr..
LlNcoLN's message, which, inasmuch as we
yesterday enormously made it allude to the
Joint rule, we reproduce:
10 the Hon. the Senate and House Of Rep
resentatives:
The Joint resolution entitled "Joint re-
solution declaring certain States not entitled
to representation in the Electoral College"
has been signed by the Executive, in defer
ence to the view OF Congress, implied In its
passage and presentation to him. In his
own view, however, the two houses Of Con-
gress convened under the twelfth article OF
the Constitution haze complete poaoer TO er-
ct4ae from Coet1,tanq all electoral y0teS
deemed By them to be illegal. And it is not
competent for the Executive to defeat Or
obstruct that power by q veto, as would be
the case il his action were at all essential in
the matter He disclaims all right Of the
Executive to interfere in any way in the
matter Of cayassing or counting electoral
votes, and he also disclaims that by signing.
said resolution he has expressed any opin-
ion on the recitals of the preamble, or any
Judgment of his own upon the subject OF
the resolution. - ABRAHAM LINCOLN.
E1ecative Mansion, February S, 1866. Il 81
Thus it will be seen that though this, mes
sage refers to joint resolution, and not to
the twenty-second joint rule, yet its teach
ing is that, no resolution, and Of course no
joint rule, lis necessary to the exercise of the
power OF the, Joint Convention to exclude
Illegal votes. Observe that Mr.. LINCOLN
does not claim this power of exclusion for
Congress, nor for either House OF Congress
acting separately, but for the q too Houses
OF Congress con5eaed unde, The 18th article
OF The Constitution ION this point, see
Judge MEnEpITH's lucid argument in to-
days Dispateh.l In n word, the case is
much stronger as against the Republican
conspirators than we made it out yesterday.
Their leaders are on 4therecord. They are
committed Enthusiastically to the doctrine
that the two Houses OF Congress have en-
tire control overthe counting Of the electoral
votes. .3,3. U.s.
Judge BoND's appearance IA South Caro-.
lima just now il significant. 81 &