, 1876-12-14

counted aud tho reanlt declared. In this respect
the power and duty Of tbs President of the Senate
ars, unde. tho Constitution, ministerial.
This Is but repetition Of what has been
said by many others, and within short time
was tho accepted modorn doctrine Of the
Democratic party. but assuming that the
exercise Of tho power in period covering
half century Is, in tho absence Of any
restriction BY tho Constitution, aud Of any
othcr power anywhera to question 1t, a sufl1-
oient authority for the present time, wo do
not think tho proceedings under tho joint
rulo in 1868 and In 1879 wore unconstitu.
tional.
2. Tho joint rule, like all rules, depends
on its being adopted, directly Or indirectly,
expressly or implicitly, Mt each Congress, by
the two Houses. In january, 1876, year
ago, at thebeginning Of the present Congress,
the Senate adopted the following resolution
Rtsolusf, Byths Senate (tat Hoasz Of Htprtsenta.
HrestoneGrFng), That tic joint Ft1es Of tho 8onata
and ouac OF Representatives in force at tho close
Of thu last acsslon OF Congress. excepting the
twenty'second Joint rule, be and tho game arc
hereby adopted ns tho Joint rules OF The two Hoases
Of Congress for the present session.
Here was the adoption by the Senate Of
all the joint rules previously In operation
except the twenty. second. It was not
question Of the repeal Of thas ru1o. II was
now Congress, and there were no joint
rules; the senate adopted nll tho joint rules
in force in tho.previous Congress except the
twenty second. It requires the concurrent
Tote Of both Houses to adopt Joint rule.
No ono House Gnu adopt rulo for tho gov
ernn1aut Of both Houses, aud tito aenate re.
fusing to adopt the twenty-seconl Joint ru1o
1t ceased to exist. On this point, on the
formal vote Of few days ago, the Senate
doolared, with remarkable unanimity, TINT
TINT twenty-Hocond joint rule was not In
force. Thia vots waa concurred In by tho
Affirmative vote Of large number Of Demo-
cratic Sonators, and only four Senators in
all voted the other way, We therefore, upon
the faets, and enlightened by this almost
unanimous, md cortninly non-partisan, de-
cision Of the sonato, aro Of the opinion TINT
TINT r1a1o Is not now In force.
8. Tho Constitution authorizea Qonpross
to employ whatever means may DO necessary
to enable 1t to. carry into execution my Of
the powers vested in Congress. The Con-
stitution provides for tho oponingana count
ing of tie Electoral vote by tho President Of
the Senate in the presence Of the two Houses
Of Congress, and the declaration OF tho re-
suit. Congress- has by law axed the tlato when
this proceeding shall take place. Congress
may by law. or joint r,.le having the force Of
law, prescribe regulations governing the pro-
ceedings, and to meet the contingency not
provided for by the Constitution Of duplicate
returns, contested elections, and returns
(as was the case Of A1issouri) from statos
whose right to vote ut all may be questioned.
Such law, or such rule, must be tho action
Of Congress md not Of single Honse, aud
we suppose 1t competent BY Congress- to au-
thorize either House to exerciao certain
functions under certain circumstances. In
such case tho House exercising such funo.
tions would do SO not from any inherent
power In that House, but from tho authority
conferred by both Houses acting concur
rentlY and jointly in making the law or rule
on the subject. As no member Of either
House can net as tho House, 80 neither can
one House net as Congress, which can only
not by the concurrence Of both Housos, and
in some casoa OF the President.
4. Whatever power exists Ia vested in
Congress, To be exercised under some Law OF
rule adopted by Congress, md IN the ab.
sence Of such law or rule such power cannot
DO exercised.
s. Both Houses Of Congress in 1906 wero
Republican. The two Houses exercised the