New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-10-29

them, bat simply that he shall open tho Ger
tiAcstes, and that they shall b counted.
By whomi Can It be that tbs grant of con-
stitutio1al power shall b put In force BY
tho machinery Of . joint rule that hes NOT
tho obligation of Q law, and over which
either house holds ct ito pleasure complete
controlf I can not imagine . moro dan
gerous state Of affairs.
Suppose II should be held BY tho House
Of Representatives that Il IL net competent
for the Senate at their will and without no
tice to retire from the twenty second joint
rule, and that they will hold No to the ex-
ercise Of it, you can see what dangerous
condition arises between the two houses. II
il ono that should be settled before heat
and excitement come; ono that should be
settled not In the spirit of party, but in
something far higher and more patriotic.
Therefore 1t 10 that believe that this
power, scant though it be, obscure though
exercised BY the aid Of the machinery Of
legislation duly passed, that there should
be the concurrent action of each house,
and the approval of the President, Just as
the constitution requires his assent to any
bill that may be presented"
These animadversions Of Mr. Bayard have
peculiar importance ct this time, for, as he
said, "Now that the political complexion
and character of the House Of Representa-
tives has changed, it is seen that this ter
may be exercised by others than those
whom it was intended to be exercised BY"
The Democratic party, with which he il
Gin political afhliation," would have the
power under this twenty-seoond joint rule
to declare, according to their will, who shall
be the next President and Vice President
of the United States, although, - Mr.. Bay
ard truthfully said. "They have no right to
exercise such . power except in the CON
that il, the failure of any candidate receiv.
ing majority of the electoral votes cast"
There IL Q strange history connected with
this obnoxious twenty joint rule. 1t
was proposed by Senator Lyman Trumbull,
of Illinois, and was adopted in 1865. Since
then it has been readopted by the several
Congresses except the present After his
retirement from the Senate, . few years
ago, Mr.. Trumbull, in conversation with
criticised this same twenty-second joint
rule, chsracterizing it a. ridiculous, and
then inquired of Major Nc Donald who was
the originator of it!'' "Why, Senator" re-
piled Mr.. Mcdonald, "you originated it."
Az strange as it may seem, that very i'm
portant measure, unmistakably revolu-
tionsry in character, was not only presented
to and adopted by Congress, on motion
of Senator Trumbull. but he actually forgot
years afterward was he reminded of the
fact. Its author is credited with having
said that he had really forgotten that he
had drafted it, and gave no reasons why he
drafted it, and gave no reasons for the au-
thority claimed and exercised by the two
houses of Congress on the subject a. that
rule. The measure seems to have been
adopted by both honses with little or no
discussion, and consequently, ~ . matter
of course, its scope and Importance were
not realized or fully understood.
For the information of those in whose
minds there 10 doubt q to the present
statue of the twenty-second joint rule, or
any other joint rule, it IL only necessary to
the fact that leach House having the con-
stitutional right and power to determine
the rule of its proceedings" and also to re-
tire from any joint rule at pleasure), the
Senate settled the matter by adopting
unanimously, on the fourteenth of last Au.
gust, the next to the last day of the session,
the following resolution:
Resolved, That the resolution of the House
of Representatives presented this day in
the following words: Resolved by the
House of Representatives 1.-THE Senate con-
curring) That the sixteenth and seven
teenth joint rules be suspended for the re-
mainder OF the session." be respectfully re-
turned to the House of Representatives,
with the statement that as the House of
Representatives has not notified the Senate
OF the adoption of joint rules for this pres
emit session, Is proposed by the resolution
of the Senate of the twentieth day of Jan
uary last, and transmitted to the House of
Representatives on the twenty-second day
of the same month, there are no joint rules
in force.
The sixteenth and seventeenth rules
were not enforced, and bills we're passed BY
either House and sent to the President for
his approval up to almost the very moment
of adjournment; in fact, so close to it that
the President of the Senate was interrupted
in his brief closing speech by the reception
from the Clerk OF the House of bills that
had just passed that body, thus virtually
sustaining the position of the Senate that
"there are no joint rules in Wash
ington National Republican.