, 1876-10-24

tho Electoral votes, aHu charging tilnt eHo
Congressional rwenty-secon1 joint r,lo WIS
dropped rs part of Republican consl'irn.
cy to throw lilo whole matter into tho hntlsls
of tho President Of the Scnnio, md count i'll |
tho Republican candidate whether ho DO
elected or not. This ciinrgo is Mt onco |
vicious mud ridiculous. THO facta nre (D |
that tho Democratic House Is responsible for
the fatlnro to ndort joint rule snpplomont-
ing tho constitutional provision, nl,d (2) |
that, by tho omission, Congress falls back OIL
the practice that prevailed moro tlan sixty
years, from tho timo Of lilo otlortion Of tho |
Twclftln Amendment cnrly in tho century |
down to tho count Of = tho Eocloral vote OF
1si9, when the twonty-sccond Joint r1'lo WINS
first applied. Tllo twonty-soconl joint rs1'o
was pnlpnbly unfair, and nlso without my
warrant in the Constitution, since 1t male
either House, acting alone, n competent tri.
buual to reject tho yota OF my State. Tho
way it came to be elroprct il clcarly told in
tho following extract from the Washington
Star, founded upon tllo oiIicial recot,l:
Tho rccorA shows that when the 1fonse met Inst
winter. on motion of Mr, 1tAHpAL1. 1t adopted tho
Joint rules III jAnctAy's digest. Tho concurrent
resolution WIS certified to bY the Speaker aal C3sfk
Aud acnt to the Senate, When It waa announced,
Senator EnNuXps rose In his place nnl Ftateu tint
there was necessity for fsnMedan Rct1o'', as he
was Convinced tlut tho rules onght 10 bc amended
an for this rchFtn 10 entered mo3uiI. which pre-
vailed. which referred the tiousu resolution OIL thu
enLJtct to tho Committee on lHes. After Fomd
delay the COMMITTEES On Rifles Ut tho Senate
brought In substitute for thu llunac restitution
the most Important amendment being urged by
Senator MGnroS with reference to the twenty.scc.
unsl joint rule, which prescrbcs tho nanntr Tor
counting tho Electoral vote. III substance tho
MoErea amendment abrogaied the right uE either
linusc 10 Object to tho counting Of tho yotc Of any
Slate, rs WAS provided fur by the rules of BAR.
c1sY's digest. After guol deal Of discussion IN
| thu Genatu, In which tho importance OF amending
| tic rule waH urged by Senator MnnTnH, Senator
| TuERMAN moved I'LL amendment. 1t beins only
technical and having effect to impair what ar.
MournS sought 10 accomplish, thu latter accepted
| tic THURMAN amendment, anu nE thns utHendeu
the concurrent RESOLUTION Of Tho House adopting
the rnles ret furtl In DAtscAys digest waa passed.
II ns returned to tho iouse for It's concurrent nc
tim. Tho Committee Oh in'cs Of that body, Of
which ex-SpeaI;cr KENE was Chairman, proceeded
tn consider the Senate amendments, and had Rgrccd
TO report the Senate substitute tu the !louEe Tor its
notion, Wien SONG Of the Democrats In thu acrate
| fearing tint they Ind made O mistake, entered
motion to reconsider tho previous action Of tho
Senate OIL the subject, nnl tic motion was carrtcl.
The cl1cct Of this was 10 recall tho resolution frun
tho ionsc. il wns recalled, and up to tho cnd Of
the aessiou was nut again acted upun.
illus it will bu scen TINT the Democratic
House, for soltish and partisan purposes, re-
jcctcd u rnlo proposed by Democratic
Senator (Alr, THURMAN, Of Ohio), and left
Congress without any rufo on the subject.
II wo nro not mistaken, tho essenco of tho
proposed rule Was to reqniro tho concurrent
action OF botl, Houses of Congress- III order
to rojcrt tho yoto of my stnte. This was
i,nmcnsiarably faircr t!son thu rule permitting
either House to reject, but it is doubtful
whether oven tile proposed substitute
was constitutional, sinco tlloro IL nothing
in tho Constitution Of the United StatcH
authorizing Congresa TO Hot itself mp an a
Judge Of elections III tho different Suites e.
ccpt as to Its own membership.
rho fact Is that tho Presidential Electors
arc State officers, md each Stato regulates
tl.eir election ty lnws Of itR own. This il
in keeping will, tho Constitution, which
saya TART. H., Sec. 1.) shat "Each statt
shnll appoint, in such manner as TIM Legls
laturo thereof shall direct, q number ol
Electors equnl 10 tho whole humber Of Som
tors md Representatives. 10 whicl, tho STATE
nny bo entitled III Congress-" Tho 1nanncl
Of appointing is left Mt tho discretion of eacl
state, which fixes it by law, md is tho iudg'
of its own choice. Electors may bo appoint
: eli by tho Legislature or l,y tho direct vote o
the ,,co1,lo. illus tho law OF Illinois pro
: yidcs TINT Electors sha! l,o elected by gonorn
ticket Tint tho clcrkH Of tho various count,
\ courts sllall CANVASS tho votes, mako tire
0 copies Of the returns, transmit ono to til
:. Governor, ono 10 the Secretary Of State, n1i
! retain tho third; that tho Governor ahAl
u open and count tic votes within twenty day
o nftcr tho returns aro made; that tho Cover,
;, or shall publish tho rcsult an1 transmit b.
+ nlnil certificates Of election TO tho person
i chosen mud TINT tho Electors shnll meet &
Il Tho Carital Of the State on tl,u tlny nppoint
cd by tho Inv Of tho United Atatea to yot
u for President anal Vicc-president. The 60,
% etitution Of tho United States t'lAyelft
a !Amo,,lment) provides:
Tle Elccto.s shall meet IN their respective Star,
Ii mud vote by ballot for President and ficg Errs
,r Icnt nno Ut whom ut least ahal mt BE- III luhM1
liant OF tAs ssnlu state aS themselves: they sl,a
~ name In thor buotH Tho peraon voted for III Pres
10 len, ami tn distinct ballots tho persnn vnteh 4
y, ny vicu- rrcsidunt ami t1le number 1t votes
n zach, which tat iey shall r!;.n, and certify Al
H. transmit, Hea!ed, to tho President OF tha SeInt
:" Thu President shall, IN Tho presence ot te acMa
cf and losc Of Representatives, open all the cesf
~ cater, ind tilo Yates shall then bs counted,
10 From this it IL evident enough tllnt Co
1o fre,u, hn8 no constitutional discretion
T. choosing Electors, hut simply TIC nlmini
III tyntivo duty of counting their yoeB H. til,