The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-10
REVOLUTION OR NOT.
HOW THE ELECTORAL VOTE IS TO
BE COUNTED.
The Rule.

1868. 1t provided that the TWO houses OF
congress should meet in the House OF Re-
the president Of the Senate
on the second Wednesday OF
February succeeding the meeting OF presi-
Dental electors, to count the vote by tellers,
one for the Senate and two for the House.
Il on reading any of the certificates ques.
ton as to counting the votes it certified
arose, the same having been stated, the
Senate should withdraw and each house OF
Congress decide upon it. No vote objected
to should be counted unless by the concur
rent vote OF both houses. In other words,
either house could throw out the vote OF any
or every State in the Union. This rule OBJ
tanned at the counting OF the presidential
vote in 1865, 1869, and 1873.
LETTER FROM SENATOR MORTON EXPLAINING
THE PRESENT LAW AND DESCRIBING HIS Eff
FORTS TO SECURE THE PASSAGE OF ANOTHER.
To the Editor of the San Francisco Chrona-
Gle: $3.50
Sir,-To correct some misapprehension in
the public press in regard to the late TWEEN
ty-second joint rule Of the two Houses OF
for counting the electoral vote, L
ask a short space in your columns.
Up to January, 1865, there had been no
rule Of law regulating the counting OF the
electoral votes for President and Fice-Pre-
sident. and the count had been made under
the general direction only OF the constltu.
tional provision. At that time the twenty
second Joint rule was adopted, providing
the form and method for making the count,
and enacting, among other things, that
when the two houses assembled IN the nall
of the House to witness the count, III any
objection was made by any member OF the
House or Senate to receiving any electoral
vote or votes, the two houses should 1mme-
diately separate, and each, in its own cham
Der, without any debate, vote upon the OBJ
lection, and ii tue objection was not over
ruled by the vote Of both houses then the
electoral vote or votes objected to were not
to be received. 1t was thus placed III the
power of either house by refusing to
overrule an objection to an electo-
rial vote, however trivial or immaterlal
the objection might be, to have the vote
rejected; and thus any State, or all the
States, might be disfranchised by the action
Of one house of Congress only. To me this
provision of the rule appeared to be grossly
unconstitutional and dangerous to the peace
and safety of the country, and [ called the
attention of the Senate to its character as
early as the winter OF 1S7l-'72. When the
electoral votes were counted in February,
1873, the danger and folly of the rule were
strongly illustrated. Objection was made
to counting the vote of Arkansas because
the certificate signed by the Governor was
not attested by the seal Of the State. Upon
this objection the two houses voted sepa-
rately. The House of Representatives over
ruled the objection, but the Senate sus-
tanned it, and the vote OF Arkansas
was lost. Objection was made also
to counting certain votes from the
State OF Georgia which were cast for
Horace Greeley upon the ground that Mr..
Greeley was dead. This objection was
oyerruled by the Senate and sustained by
the House, and so those votes were not
AT the next session OF Congress
introduced IN amendment to the Joint rule
providing that no electoral vote should be
rejected unless by the concurrent action OF
both houses, and afterward reported bill
from the Committee on Privileges and Elec-
tons embracing this amendment, and pro-
viding for limited debate i'll each house
upon any objection that might be offered to
electoral votes. This bill, after much de-
bate, passed the Senate by a large majority,
and was not reached in the House for want
Of time. At the last session Of Congress
brought forward the bill, and it again
passed the Senate. On its second pas
sage it became nearly a party ques-
ton, receiving only two Democratic
Of Senators Thurman, Of
Ohio, and Merrimon, Of North Carolina.
After the passage, and before the bill was
sent to the House, Senator Thurman made a
motion to reconsider the vote, and upon this
motion no action was afterward taken, the
action Of the Democratic members Of the
Senate making it certain that the House
would reject the bill, and so it failed the
second time. The joint rules Of the Senate
and House expire with the end OF each Con-
yress. They are simply agreements between
Jhe two houses for methods of action in re-
gard to particular matters, and necessarily
expire with the Congress. One Congress
cannot make such rules binding upon a
Congress, but, as these joint
rules in most respects pertain to mat
;ers about which there . is no dispute,
hey have been generally accepted by
/ new Congress without readoptiop,
md acted upon by common consent, with
lie perfect understanding, however, that it
s in the power OF either House to dissent
rom any one or all Of them. at the last
session the Senate, by resolution, expressly
lissented from the twenty-second joint rule,
,hus taking away any argument OF assent
,r adoption that might be- drawn from mere
silence. The matter now stands as II no
such rule had ever been in existence; ana
unless further action is had by Congress be-
ore the day fixed for counting the votes IN
February the count win have to be made
under the general direction OF the constitu-
ional provision. That provision reads =. as .
.ollows:: .3...,.,.s .....,5.,, - ii1l ~
tThe electors shall meet lin their respec-
i've States and vote by ballot for President
ind Vice President, one OF whom, at least,
shall not be an inhahitant OF the same State
with themselves; they shall name In. their
ballots the person voted for. as President,
md in distinct ballot the person voted for
Is Vice. President; and they shall make dis
inct lists of all persons voted for as Presi-
Dent and OF all persons voted for rs Vice
President, and OF the number OF votes Tor
each, which lists they shall sign and certify,
and transmit, sealed, to the seat OF the Gov
eminent Of the United States, directed to the
president Of the Senate. Tue president Of
The Senate shall, In the presence Of the Sem.
ate and House Of Rapres entatives, open oil
the. certificates, and the votes shall then be
counted. The person having the greatest
number OF votes for President shall be the
President, il such q number be a majority
Of the whole number OF electors pointed ];
and II no pesson have such q majority then
from the persons having the highest nlim-