The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-12
WASHINGTON.
Effect of Ben Hills Speech on the
Amnesty Question.
THE TWENTY-SECoND JOINT RULE
EulOgieS in Senate and House on the Late
Ex-PreSdent Johnson.
FROM OUR SPECIAL CORRESPONDENT.

WASHINGTON, Jan. IL. 1876.
SENATOR MoRToNs EFFORT IN THE MATTER OF
THE TwENTY-sEcoND JOINT RULE-ITs POS
sIBLE EFFECT IN COUNTING THE ELECTORAL
VOTE.
Senator Morton brought before the republican Sena-
toria caucus to-day the matter OF the twenty second
joint rule, for which he has for some time sought to
provide substitute This rule adopted in 1865
means of guarding against the counting OF the Presi-
dental votes of some of the Southern
States. 1t was carefully drawn, and its essential
feature Is provision that when the houses are
sembod to witness the opening of the certificates and
the counting of the electoral VOTE if upon the
reading Of any such certificates by the letters any
question shall arise in regard to counting the votes
therein certified the having been stated by the
presiding officer the two houses shall thereupon with
draw and separately and without debate vote upon the
objection. And here in the dangerous clause
"No vote objected to shall be counted except by the
concurrent vote OF the two houses The effect of this
is to throw out the Of State If either house
Jects and to throw the presumption in fact
against the State. As no debate is allowed
under the ruo very trivial objection may
prevail, such technical irregularty in the
certincaton by the Governor Of the In the
OF Wisconsin, in 1856, the counting of its OBJ
jected to the ground that the electors did not meet
on the lawful day. They had been prevented by a
severe snow storm, but the vote nevertheless
thrown out Since the adoption of the twenty
joint rule the electoral OF Arkansas was thrown
out the objection that the certificate did not bear
the great Of the State but only the seal OF the Sec
rotary of State and it not discovered until after
ward that Arkansas had no particular great seal
The object of Mr. Morton is to obtain such a change
in the rule shall allow limited debate on objections
and prohibit the throwing out of States except
by the agreement of both the houses thus leaving the
presumption in favor Of, instead of against the
right of State have its electoral vote counted But
it is supposed by him that the democrats in the House
may refuse to change the joint rule and the Senate
caucus determined to-day therefore, to begin by abol
ishng the present rule The republicans hold that the
JOINT rules must in effect be readopted whenever new
Congress assembes-that is to say every two years;
that a new House always formally adopts its own
rules, and that though II has been customary the
two houses to silently without action accept the
joint rules either house is at liberty refuse where
the joint rule becomes imperative by the adverse
action of that house They propose, therefore,
adopt all the joint rules except the twenty second by
formal vote of the Senate tomorrow and claim that
this will oberate the twenty second rule 1t is under
stood that some of the democratic Senators will object
to this and there may be debate on IT,
If the rule stands il is feared that IL the electoral
vote should be close party might the counting
object to State, and by party vote in house
throw out thus changing the result of the election
each house might 1t is said, throw out States until
not enough left make the majority of all the
States which the constitution requires whereupon the
election would be thrown into the House Before the
adoption of the twenty second rule there none at
ALL the process Of counting the electoral per-
formed accordance with the general on the
subject in the constitution, and this seems to have
worked sufficiently for many years.