The Morning herald., 1876-11-13

Itwenty-seoond joint rule for the govern
ment Of the proceeding, of the houses VA
adopted. By that rule, if vote vas OBJ
|jeetsd to, each house Withdrew and consid
cred it. without debate and voted upon it
| If either house sustained the objection, ths
vote was not counted.
This rule was open to abuse, but it would
be great relief to the country if it were
still in force. The objection might be ar
bitrary and sustained for partisan reason
alone, and under its operation . State nigh.
he deprived of its vote in the Electoral
College. The temptation to the House Of
Representatives, moreover. to raise factlous
objections was very great, because if by
such means it was made impossible for any
| one candidate to have majority, the elec-
,ion would 90 to the House for decision.
But vicious as was this mode of arbitra.
ment, it was at least a mode, and ont
which might, in certain not impossible
contingencies. avoid difficulties Of
very serious character. How the rule
operated was shown in February, 1873,
when objection was made to counting the
vote of Arkansas, because the certificate
signed by the Governor, was not attested
by the seal of the State. Upon this objec-
ton the two houses voted separately. The
House Of Representatives overruled the.
objection, but the Senate sustained it, and
the vote Of Arkansas was lost. Objection
was made also to counting certain votes
from the State of Georgia, which Were
cast for Horace Greeley, upon the ground
that Mr.. Greeley was dead. This objec-
ton was overruled by the Senate and sus-
,ained BY the House, and so those votes
we're not counted. By the precedent thus
set, it became clear that it was within
the power of either house by mereinaction,
by simply refusing to oyerrule an objection,
to disfranchise any State, or all the States,
on trivial CT immaterial prete1t
About three years ago Senator Morton
introduced an amendment to the joint rule
providing that no electoral vote should be
rejected unless by the concurrent action Of
both house, and afterward reported bill
from the Committee on Priviles and Elec-
lions embracing this amendment and pro-
viding for a limited debate in each house
upon any objection that might be offered to
electoral votes. This bill, after much de-
bate, passed the Senate by large majority,
but was not reached in the House fsr wsnt
Of time. At the last session of Congress he
again brought forward the bill and it again
passed the Senate. On it's second passage
it became nearly party question, receiving
only two Democratic votes, those of Senator
Thurman, of Ohio, and Merrimon, Of North
Carolina. After the passage, and before
the bill was sent to the House, Senator
Thurman made motion TO reconsider the
vote, and upon this motion no action was
afterward taken, the action of the Demo-
cratic members Of the Senate making it GER
tain that the House would reject the bill.
Taking the rules ofinterpretation, as laid
down by Potter, Owarris, Story and Vatte]
the joint rule fell on its revocation by the
Senate; this was the opinion Of Senator
Bayard, as declared by him upon the 18th
of March last in his seat in the Senate All
the Law, written upon contracts or agree.
ments hold the contrary doctrine, to wit
that it requires the action Of both Of the
parties to an agreement to rescind. This
view Of the case has many supporters, and
We think the weight of argument sustains it.
II this view be taken that the rule does not
exist in fact; yet in the absence Of any law
upon the subject, the doctrine Of the civil
law comes in to regulate, viz: Gin the abb
sence Of law, custom governs" Has it oc-
Cured to the many disputants upon this
subject that there is one safe way out of all
the trouble threatening US. The Supreme
Court ofthe United States have ample pow.
er to compel a count Of the votes. The
Constitution extends it's "judicicial power
TO all cases in law and equity, arising under
this Constitution and the laws of the United
States" Does this not make it plain. that
the Supreme Court may issue mandamus
or decree Of an equitable nature, to regu-
late and direct the counting of the votes Of
the electors, and thereby insure just and
equitable settlement of the controversy.