The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-10

form. and therefore NOT any more q g certti-
cate. % within the terms Of the Constitution,
thari eon1d be prepared by any individual
II is not unlikely, indeed, that the Republi-
cans win plant themselves boldly on the doc
trine of State rights, and assert that the
state, not Congress, is the Judge Of its own
election. The State officers having given
certificates of election to certain electors, IL
will be held that certificates OF the cleo
toral vote can only be received from these
electors, and that any other document pre-
tending to be Sc certif cate, " Is no better
than waste-paper; that the president oftne
Senate has no right to present. ana eannot
be compelled to open and read, anything Dut
the lawful and duly accredited certihcates:
It may turn out to be less question OF
right than OF might with the Republican
party as to the enforcement OF this claim,
and its past history seems to snow tnat its
leaders dare do whatever they can 40.
SENATOR BAYARD's VIEWS.
Senator Thomas F. Bayard, OF Delaware
Democrat), in a.letter to the World, says:
AT the last session of Congress the Senate
expressly resolved to rescind the twenty,
second joint rule, and in my Judgment had
right under the Constitution so to DO, as
article 1, section 4, Of the Constitution pro-
yides, Each house may determine the
rules Of its proceedings" etc. Il each
house can thus make and determine tue
rules OF its proceedings it can determine
rules for its proceedings Jointly Win inc
other house. Unless had the Congress:
sional Record before me I could not tell
Won what the House did in the matter; but
it seems to me that each new House must
adopt its own rules and obtain the concur
renee of the Senate to the joint rules. The
requisite independence OF each house would
exclude the power Of the other to bind It's
proceedings, whether joint or'severaL with
out assent.
Mr.. COX's VIEWS.
Mr.. S. S. Cox Democrat), Speaker pro
tenn. of the House till the close of June, also
writes to the World, as follows:
The twenty-second Joint rule was not
adopted by the House, and is not in force
now The Senate Committee on Rules came
to us 1.-THE Committee On House Rules to
agree to .something like the twenty-second
rule. We did not act. We reserve the veto
of the House.
THE DEBATE IN THE SENATE.
In the long and interesting debate in the
Senate, Mr.. Hamlln Republican,, the chair
man of the Committee on Rules, declared
g. that the Joint rules of the two houses
have never been adopted at the commence
ment OF any Congress-at least have never
been able to find any such case-but they
have only been operative by acquiescence."
Mr.. Bayard Democrat) spoke OF the twenty
second Joint rule "as unnarranted by the
Constitution" and regarded "the question
! it involved as one of very great Importance
that should be deliberately settled" Mr..
Frelinghuysen Republican, took the ground
that the rules fell with the end of the ses-
sion in both houses, but added That
they had been recognized by acquiescehce
for a course of years. He agreed with
Mr.. Bayard that the twenty-second Joint
rule was Objectionable. Mr.. Thurman
DemocraD referred to the fact that he had
spoken against it in the Forty-third Con-
gress. Mr.. Sherman Republican, main
| tained that the joint rules depend upon the
continuous consent OF the two houses, and
that either house can withdraw its consent
at any moment from one Of the rules Mr..
Kelly Democrat) was Of the opinion that
the rules of each house, like the rules Of 4
court, continue in force till abrogated. Mr..
Dawes Republican) said that since 1858 the
| old rules sub Suentto remained in force.
Mr.. Morton, of course, opposed the twenty
second rule at length. Mr.. Edmunds (Re-'
publican) wanted this rule abolished and
| the electoral vote counted by an act OF Con-
gress. BIr. Conkling Republican, took the
| ground that there were no joint rules until
| the House coneurTed with the Senate In
t;adopting them. This merely outlines the
views Of senator's. ~: - .,. 1.sa
THE ACTION OF EACH HOUsE-wAs TT NECEs-
~ .,': SARY? # .."i. -. -
The following questions have been sub
mitted as bearing very forcibly on the posi-
ton of the joint rules, especially the twenty
second joint rule:
First. Was it necessary for the House and
Senate, or either to take any action; or
were the rules in force without any vote?
According to the practice from 1868 to
December 7, 1875 first session Forty-fourth
Congress), it was not necessary for the
| House to take any action, as the rules
adopted in the Fortieth Congress were
made the rules " Of succeeding congresses"
unless sTotherwise ordered," which order
Speaker Kerr decided the House could make
at any time. The Senateis perpetual body
and its rules remain in force till changed by
| the Senate-at least this has been the prac-
| tice, the Joint rules of the two,houses hay
ing been acquiesced in for many years past
without any special affirmative action for
each session on the part OF either. In sup
port OF this is the fact that up to January
Goth, when the Senate took partial action,
and for that matter till the end OF the last
session, the Houses sent and received bills
in strict conformity with the first, second,
third, fourth, fifth, sixth, and seventh joint
rules, which have been in force since the
years 1874, 1890, 1920, 1913, DC.
Second. Did the House readopt the JOINT
rules; if it did, did such action include the
twenty-second? .,.s -
The action of the House on August IA,
1876, by proposing to the Senate to suspend
| Joint rules sixteen and seventeen, shows
conclusively that in adopting on December
| 7, 1876, the rules of the House of the Forty
third Congress-except specialrules 1855 and
lett did readopt the joint rules, for said
rules were the rules Of the Forty-third
House, and provided among other things
for Joint committee on the library, the
enrolment of bills, the presentation Of bills
| to the President, conference reports, pro-
hibiting the sale Of liquors in the Capitol
building, and the announcement to each
house of bills passed by the other; IN the
| !. 80 <ha,.