The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1876-11-16

ever mas 1alfly determined tndJofit.
of the Electoral votes must; be tn
President. We ask only that the will
of the people, honestly expressed a
the polls shall be recognized. Their
is a dispute as to whether or not th'
Twenty second Joint Rule, which re
lates to the counting of the Eiectora
vote, is in force. That rule provide
that if when the electoral vote i
counted, objection 10 made TO the re
ception Of the vote OF any State tn
Senate and the House shall vote sepa
rately and without debate upon tina
objection, and the vote OF lhe Stat
shall not be received save by the con
current vote Of both Houses of Con
gress. This placed it within the pow
4 er OF either House TO exclude the you
of State. The rule has been in force
in three Presidential elections. 1t wai
Republican rule made to exclude
Democratic votes. 1t was made W hel
both branches of Congress were large
ly Republican, and when its operation
could successfully fence out Electoral
votes that were not satisfactory to the
Republican party. The rule has re-
turned to plague the inventors, and
| we find Morton aud Sherman. and
other Republicans, who saw the beau
ty Of the rule in 1865, talking now
about it's deformity. Some candidate
for the Presidency must receive lSi
Electoral votes, or the election goes Ia
the House OF Representatives, which
is Democratic. The Republicans now
insist that the rule is not in force,
They argue that each House may make
it's own rules; that no House can make
rules for it's successor; that joint rules
must be readopted by each successive
House equally with the separate rules
of each House. That every hlouse OF
Representatives has a rlghL to deter
mine its own rules is not denied. No
House of Representatives can frame
rules of procedure for succeeding
Hou e. That Is admitted. 1t is as
sertt d that the rules of:cach House ex-
pire with each Congre 8, and these
assert Ons are doubtless correct. But
joint rule Is u contract. The Senate
is partyto that contract, and the
Senate has no predecessor or success
or. 1t never dies. 1t is committed to
a joint rule until it is released by some
House OF Representatives. And it is
ey ident that q joint rule for the cOunt-
ing of the Electoral vote can not be
the same with an ordinary rule Of pro-
cedure in the House of Represents
tives, Tor each House OF representa-
tives lives but two years, while the
Electoral vote for Presidents counted
but once in four years. The nature OF
the Twenty-second Joint Rule is ap-
paret III this TACT. Ii Is i'll the nature
OF an act of Congress, which can not
be repealed by the vote of one branch
OF Congress. 1t is not u parliamenta-
ry rule governing the conduct OF u
House of Representatives, which each
House, once in two years, may make
Tor itself, but it is = contract between
the Senate and the House as to mat
ter which occurs but once in tour
years, wherein the lasting character OF
the contract appears. Are the lsepub-,
licans willing to admit that they
framed the rule tor the counting Of
but one Electoral vote They used
the rule in 1865, in 1869 and in 1873,
when the Electoral votes were count
ed in those years. Does il appear that
in either instance a readoption OF the
second joint Rule was thought
necessary Mr.. MOrtor aud his friends
seeing that their Rule was not likely
10 be of advantage to them in this
sought last winter to abolish
il. The Senate sent word to the
House that they wonld re-adopt all
the joint rules except the tweniy-sec
ond, and the House took no action up
on that message. The House had a
rule DAD, which would seem to cover
this case on its part. 1t reads: "fhese
rules shall be the rules of the House
OF Repres Iiissr'ves Of this and sue
ceeding :. .es unless otherwise
resent House tacitly
gave its consent to the joint rules as
they stand, and the House will donbt-
less insist that the Twenty-second
J Joint Rule is in sorce. 1t is u ltepub
lican rule; Republicans should not
object to it. fli15iis siif ~ ''@'
+, LII it is decided that this rule is not
in force, il is doubtful if there is any
power resting nywhcre 10 exclude
the vote OF amy State, however fraud
ulent. The vote will be counted under
the provisions OF the Twelfth Amend
ment to the Constitution. This is as
follows: isd q II
tThe Electors shall meet in their re-
spective States and Vote by ballot for
President and Vice President, one of
whom, at least, shall not be an imhab-
tant of the same State with them.
selves they shall name i'm their ballots
he person voted for as President, and
N distinct ballots the person voted for
Is Vice-President; and they shall |
make distinct lists OF all persons voted |
or as President, and all persons voted |
or as Vice Presideni, and of the num-
Der of votes tor each, which lists they |
hall sign aud certify and transmit,
ealed, to the seat OF government vi |
he United States, directed to the Pres
dent of the Senate. The President
VI the Senate shall, in the presence OF
he Senate and House of Representa-
ives, open all the certificates, and the
'otes shall then be counted. The per.
OH having the greatest number OF
otes for President shall DC the Presi-
ent, if such number be a majority
t the whole number OF Electors APP
ointed ; and il no person have such
IajOrity, then from the persons hav-
lg the highest number, not exceeding
lree, on the list of those voted for as
resident, the House of Representa-
yes shall choose Immediately by bal
1T the President" d s
The President of the Senate shall ID
open all the certificates" lfit should
appen that two sets of certificates {
hOuld be brought from some State ? |
The votes shall then be counted.
hall they be counted by the Presi- {
ent of the Senate2 1t is not SO de- |
ared. Shall they be counted by the
enate and the House sitting in Joint G
The Constitution only ,
,ys that the votes shall be counted a
"a the presence of the Senate and
ouse OF Representatives" Are the b
70 Houses present simply as specta- d
rs? If the President of the Senate s
ould choose to decide that one list a
votes from a State, and lawless j
e, should be counted, and another,
d lawful one, should not, would the o
embers of the Senate and of the t.
Duse be helpless witnesses OF the C,
VUhu ahAnlI tho Ganak,