The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-02
Counting the Notes.-The Positive Law
which Governs the Question.

The history OF the twenty second joint
rule of the two Houses of Congress is. IN
brief. that IL was adopted in 1865 hy both
Houses; that under 1t the electoral vote Of
1894 was counted on the 7th of February,
lst5. and that the electoral votes of 1865
and ls72 were IN like manner counted un
der the forms aud fOImalitics prescribed
by it.
on Dee. L. 1875 ana on Jan. 10, 1919, some
proceedings took place i'm the senate look
ing to Il mOdinca non or resembling of this
rule. Gu motion of Mr.. MORTON, "a resolve
was passed in the form Of 10 JOINT resolu-
ton, adopting the joint rules of the two
Houses IN force at the close of the last pre-
ceding session rs the joint rules of the two
Houses for that session. except the twcn-
ty-sccond. This joint resolution. after it
had been adopted by the senate. was sent
to the House Tor its concurrent action. 1t
was referred To the Committee on Rules,
but was never reported. There has been
no repeal, therefore. OF the twenty -second
JOINT rule, ..... -. ..
and Is, an operative parliamentary law Of
the two Houses. regulating the manner OF
counting the electoral votes on all future
occasions, and not simply rs a rule or pro-
VISION for one occasion. rs true that
one Congress cannot. by the adoption of "A
Jontrule. bind altuture Congresses: but IT
scqually true that when joint rule. per
pttuai IN its terms aud operation, las been
adopted by the concurrent action OF the
two Houses. 1t can be abrogaied, rosebud
ed, or repealed, or made imperative. only
by the concurrent action aud consent of
the two. This was manifestly admitted
last winter, when Mr.. MoRToN sought to
got rid OF the twenty-second rule. The
concurrence Of the House was asked to
his resolution, which proposed 10 render the
twenty-second joint rule imperative; but
the House did not concur in that proposi-
ton.
OF the binding character of this Joint
rule, until it il changed or superseded by
some other, through the joint action of
the two Houses, there cannot be a particle
OF doubt. II the rule had been one to sub
serve temporary purpose, which purpose
would be discharged by the first applIcl-
ton, II might he contended that there is
to-day no existing rule on the subject.
But it is evident that this rule was in
tended To be operative in all time 10 como.
until new rule should be sub,tituted for
II. II has been so treated on two success
slvo occasions subsequent to that which I'M
medialely followed It's adoption. The joint
committee hv whom IL was reported were
char ged with the duty of ascer-
tanning ana providing mode for
clnyas,ing and counting he votes
tor President aul Vicc-Pl e.dent Of
the United States. The joint rule which
they reporlgd, aud which was adopted,
provides both mode for clnva sing and A
mode for counting the votes. 1t directs
that ON the second Wednesday Of Febru-
any next succeeding the meeting OF the
electors, the TWO Houses shall u .-emble in
the nall OF the House Of Representatives.
at The hour Of | O'Clock +. NJ; that one
teller shall be appointed on the part of the
senate ana two un the part of the House,
TO whom shall be handed, a they are
opened by the President of the senate, the
certificates of the electoral votr~; that The
tellers shan first read the certificates IN the
presence ana hearing Of tho two House
then assembled; next, that they shall
mako list of the votes as they
appear lIoln lHc ccIlllcllcs, lltdt
the votes having been counted. the
result shall be delivered to the President
of tho senate, who shall thnrcuuon an.
nounce the state of the vote ana the names
or the persons, # any, elected, which an
nomccnent shall be deemed a sufficient
declaration of the persons elected prlsi-
dent ana Nict-Prcsidcnt OF the United
state, and toGrthoI with Tho list OF votes.
he entered upon the journals Of tho two
Houses.
lhus ihr the rate proceed upon pr, &C.
dents OF II previous dale; but II goes ON
turthD 10 provIIo lor contingency ion
which no previous 'Sislaiion or JOINT rule
or course of practice had specially pro-
vIdcd. This - done in the following lam
guaEc:
q" H. upon N" r6hnG - any such certificate Cos tr
l'ri my 1ut -ilnrsil irsrih re- are ~ rtOuLtig
Ac Nt'- er'n c"ftinod, thr tuuc hr, Ls h,rnu led
- INC iHe,itHs VMtci, lAe s.Aatt -ltN tnI,up. u