The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-11-30
THE Original Inception ard Political
Object Of the Twenty Second
Joint Rule.
Lincoln's Message Of ls65-Thc Pow
erS or Congress contempt
rancous Opinion.
(Erom the st. Louis Times J

(Erom the st. Louis Times
The Twenty-second joint rule had its
origin at peculiar period in our polit-
ical history. Although the war was
drawing rapidly to close, and in some
cases the machinery OF the local govern
ments had been restored, in the spirit OF
the constitution and under the forms OF
law, eleven states were still claimed to
be in an attitude of Instruction, and the
presidents proclama ton OF 1861, so de-
claring them, was still unrevoked. They
occupied an undetermined status in rela-
ton to the Federal Union and their adj
instability to the electoral college, chosen
in November 1864, was question of
serious moment to the party in power.
1t was no time for hazardous concessions
to the conquered provinces OF the South
A long period of probation and the pol
icy of repression had been determined on.
Hence the necessity OF some more COM
prehensive and definite rule than had
hitherto been in vogue for counting the
votes, ascertaining their validity and pre-
venting disloyal encrOacbments. 1t was
THE WORK OF A REPUBLICAN CONGRESS.
Intended as an additional safeguard to
Republican interests, although there
were many Democrats then as now, who
concede the equity OF the rule and the
constitutional right to create it. 1t was
the assertion OF something more than a
ministerial authority over the count and
provided for contingencies that had never
before arisen or even entered into the
calculations of previous congresses,
Whether any material disagreements
would have taken place concerning the
vote had no such rule been adopted is
not matter OF much uncertainty. II Is
more than probable that the canvass
would have been concluded without con.
trOversy, both houses being largely Re
publican and the doubtful states excluded
in advance by virtue of joint resolu'
ton. The rule, however, having been
accepted, thereby acquired the quality OF
law, which without any further legisla.
ton simply by the tacit acqniescence Of
cOngress-it retained for the two next
ensuing presidential elections. The leg.
islatiye history Of the rule from its adOr'
ton to its attempted abrOgatiOn in the
senate is full Of interest; and in order TO
get clearer understanding Of the Ques-
ton We first append the substance of
THE RULE ITSELF.
1t provides for the appointment Of tel
lers,
ITO whom shall be handed. as they are
opened by the president of the senate,
the certificates Of the electoral votes and
said tellers have read the same In the
presence aud hearing OF the two houses
then assembled, shall make list OF the
votes as they shall appear from the said
certificates and the votes having been
counted. the result of the same shall be
delivered to the president, who shall an
nounce," etc.
Then follows this:
''If upon reading any such certificate
by the tellers any question shall arise IL
regard to counting the votes therein con
tanned, the same having been stated b,
tIc pfcsiuiuS oHiCCT, tuc scuttc euai
thereupon withdraw, and said question
shall be submitted TO that body for 1T
decision, and the speaker. etc., shall IL
like manner submit said question to In,
house, etc., tor its decision. And II.
question shall be decided afilrmatiyely
and no vote objected to shall be counted
except by the concurrent vote of the tw,
houses, which being obtained, tn
two houses shall Immediately re
assemble, and the presiding Office
shall then announce the decision OF tn,
question submitted; and upon any sucl
question there shall be no debate II
either house,
PREVIOUS UsAGE.
1t has been the custom Of congress TO
over seventy years, or ever since 1893
TO appoint a committee, prior to tn
counting of every presidential vote, 10
the purpose OF "ascertaining and report
ing" "mode of examining the votes.
This was done by concurrent resolution
and while the methods thus agreed upon
were little more than iormalities con
forming to the simple requirements G
the constitution, 1t is instructive to not
that an "examination' as well as In
counting OF votes was provided for, i'm
plying that congress uniformly assume
the right Of passing Judgment upon tn
validity OF the returns. In pursuance {
this usage the following joint committe
was appointed al the session Of lSGi-o
To prepare the customary rule
On the part OF the senate: Mr.. Trun
bull, Of Illinois Mr.. CONFESS. of Gallo
mia Mr.. william Wright, OF Ne
York.
On the part OF the house: Messrs. ST
veHs. Of Pennsylvania; washburne, /,
Illinois Mallory. OF Virginia; DAVIS,
Maryland. aud Cox, OF New York.
The circumstances that shaped or MOI
t6ed the action OF this committee will |