, 1876-11-11
Countiug the Electoral Vote

On this point Tie IedeIal couslI-
tuition simply directs that the lists of
the persons voted for in the several
electoral colleges shall be signed and
certified by the electors, end transmit
ted, sealed, TO the seat of government,
directed to the President Of the Sen
ate ami d" The President OF the Sen
ate shall. in The presence Of The Senate
and House of Representatives, open all
the certificates, aud the votes shall
then be counted" There is nothing
said about throwing out the vote OF a
State for any cause whatever The
twenty second joint rule, concerning
which so much has recently been said,
provides that, upon the counting OF
the electoral vote, if any question
arises as to the counting Of the vote
of anv State, the Senate shall repair TO
its Chamber and vote upon the qles
ton without debate, aud that the vote
of no State to which objection Is made
shall be counted, except upon the con-
current vote Of both Houses. There
is a questian whether or not this rule
is in existence at the present time. IL
has not been re adopted by the vote
Of both branches Of the present Con
grcss but Ii is held IN some quarters
that the Senate being in a certain sense
a perpetual body Is bound bv It's own
rule until that rule is repealed by the
House. Or This point the Cincinnati
Enquirer says, in answer 10 queS
ton toy correspondent 4" 1t Is a
JOINT rule. 1t was adopted by the con
current vote of both Houses. 1t can
rot be repealed save by the concurrent
vote Of both Houses. Each House, il
is true, lives but two years, but the
Senate never dies. The Senate is ir
revocably committed tG the joint rule
until some House OF Representatives
choose to release it from the contract
On the other hand, it Is contended
that though the Senate, as 2 body,
never dies, it does so far as lis relations
with the lluaSe are concerned. lis
perpetual existence is divided in o
periods OF two years, during which,
with the House, il constitutes Con
greos. 1t may fairly be held, there
fore, that its relations with eacn House
are terminated with the expiration of
a Congress, when the House ceases to
exist, and may or may not be resumed
in exactly the same form, with the
succeeding House. On the 22d OF
January last the Senate transmitted
10 the House the following message
Rsy!rsd, BY the Senate (the House Of Rep
Tesenia'ives cuneurriug), that ;he Joint rules
of the Senate and House of representatives iu
force at the close of the last session OF Con
gress, except tbs twenty second int rule. be
and the same are hereby adopted az tie joint
rules for the the two Houses for the present
session.
This exception 20 the twenty second
rule was the amendment of Senator
Morton. If tho Senate still favors the
joint rule there is time to pass it 1t
was adopted two DAYS before the
counting the electoral vote in 1863,
when Lincoln was chosen for the spc.
Ond time. 1t was in force in 1868 and
IN 1872, and under its operation tie
votes OF certain States were rejected.
At these elections, however, the two
Houses were in political harmony.
There was no danger that democrat
House would throw ont republican
State 10 offset a democratic State
thrown out by republican Senate. II
was a rule which might work i'll or
well, according to the virture of The
body acting under H. When a ques
ton arises as to the vote of State the
two Houses Seperate and vote with
out debate, and no State can be count
ed to which both Houses do not agree.
No member of either House is Obliged
to give a reason for his vote, but may
vote on a sullen silence, rejecting
States according TO his political caprice
A CORRECT VIEw.-Judge Jerry
Black, one of the sblest Constitutional
lawyers in the United States, in an
opinion on Grants military inrerfer
ence IN the South, says: at is the
most lawleSS outrage on record. and
Tor Il there is no excuse whatever.
ignorance would be no excuse. Bat
the parties mainly engaged in pushing
thls affair on are no; ignorant IF the
law Some persons who Justify tie
crimes OF the administration IN Louisi.
ana might possibly believe this also
TO be right. Sheridan, for instance,
may be stupid enough to think that
anything is lawful which promises a
chance OF shedding the blood of dem
ocrals, Mr. StoUghton. of New York
VIII probably attempt 10 vindicate it.
lie is good patent lawyer aud a
very honest man, bat he knows moth
ing OF the constitution except that i.
puts foreign missions in the gift of the
President. John Patterson knows il
Is all wrong ; SO does Cameron sl
does Grant. They laugh in their
sieeves at the hatterers who tell them
they can legally Use the military fore,
OF the Union, or the military Of other
States, for the purpoSe of controlling
elections in South Carolina. The,
know, siso, as matter of tact, thai
there is no disturbance there, aud vii
be none e1ceP. wha; they make them
selves.
THE CASCADE CANAL-As IT had been m
mored that President Grant had suspeDse,
work on the canal at the Cascades, Mr.. Har
teiegraphed to Washington ior information