The New York herald., 1876-12-05
the premises the bill fell through Tor that session anA
revived

the premises the bill fell through Tor that session aaA
was never revived.
THE vorE OF 1901.
And so IL came to pass that the counting OF the
electoral votes IN the year 1901, the OF the
contest between John Adams and Thomas Jefferson.
was left rnreguatcd by any law. When me time was
near at hand tor the meeting OF the two houses 10
John Rutedge, Jr, Of south Carolina, offered the .oI-
lowing resolution, which adopted by the House Of
Representatives. Two days aiterwards:-
Resolved, That committee be appointed the
part OF the House, jointly with q comm ttec the
part OF the Senate to ascertain and report mode OF
examining The votes for President and Vice President
aud OF notifying the persons elected of their election
aud to regulate the time. place OF admin
istering the oath OF once 20 the President y
The Senate concurred aud appointed Messrs Cow.
eraenr Norris, Of New York. Tracy, Of
and ngham. OF Pennsylvania the mem oers Of the
On the following OH OF February Mr.. Morris re-
ported the Senate that this ee 4, al not
been able to come TO any agreement, on Same
day the senate passed the following resoiution:-
the House Of Rcpresentatves in the senate Chamber
Wednesday next. at IL O'clock Tor the purpose Of
being present at the opening and counting OF the
for President OF the United States. That person
bc appointed teller on the part OF the senate
make list OF the votes for President OF the United
Stales, they shall be dcciared that the result
shall be delivered 10 the President of the Senate who
shall the state Of the vote, which shall be
entered the journals; and II II shall appear that
choice has been made agrceabiy TO the constitution
such entry The journals shall DO deemed . sufficient
declaration thereof"
The House OF Representatives, being Lotided OF the
passage oi This resolution adopted resolution IN con-
with It. and appointed telerS act
junction with the teller OF the Senate.
FUNCTIONS THK VICE PRESIDENT.
In acting under the resolution OF the Senate at the
time and the prescribed by tho Senate with
express concurrence or the House (hough without
its JOINT action, formally expressed Joint rule Of
proccedingl, the Wee President undoubtedly acted
the supervision OF each house; and, Ques.
tion raised in the counting OF The votes which
either house had any occasion to offer protest. the
relation OF tho parties 10 the counting, whether a.
consisting oil the Vice President, the Senate the
House OF Representatives. or all three combined were
nj a
important however to observe that during the entire
period OF this long discussion on the counting
OF the electoral votes nowhere meet with
the slightest hint that the Vice President
had any ndeDendent or official function to perform,
apart IRON that incumbent on him under the constItu
tion, which bids ''open the certi1cates." Ia
all other respects he held by OF both parties
to be subject TO the authority aud direction or Con-
gress he federasts sought TO express define the
authority and direction Of Congress In the premises
by passing law for tho settlement OF all disputed
questions according to the Will Congress. They
could agree on the terms OF such law, but they
the matter. The republicans OF that cate doned the
expedency constutonaity OF tho proposed law but
they denied this solely the OF the constitutional
limitations. which protected the exclusive right or the
States appoint their electors OF President and Vice
President Nobody, far appears from the record
either house OF Congress 10 resist the passage
such legislation the ground that 1t would DO
iniracton the Wee Presidents prerogative the
constitution. And when recall the vehemence with
which the bill opposed by the republicans both
houses in the year 1900, and tnat, too, Just the
eve of Presidential election in which Mr. Jefferson
as the candidate Tor the Presidency aud as the then
existing President OF the Senate, deeply
cerncd 10 maintain jealous guardianship over the
powers Of his constitutional prerogative In this mat
ter, may be sure that the modern theory, adopted
by some administration politicians Of the present
time meet the pressing cxigencies of abnormal
SITUATION, had not been discovered or invented by
politicians OF any sort or Of any name IN the earlier
period OF civil history.
That the modern republican party has hitherto
sumed for both houses Of Congress moro complete
and exclusive control the counting and rejecting
electoral than assumed by the federal,sts
of 1900 is sufficiently proved by the twenty second
joint RUE OF proceeding, under which, at each
counting Of Presidential votes during tho last
twelve years. sustained the right OF both houses
or of each house separately reocs any electoral
vote to which objection was made by majority In
both houses or by majority In one house alone. The
tweny-second joint rule accomplished without lax
what the iederalists of 1900 proposei to accomplish
with the checks and balances OF curously wrought
but cumbrous statute.