The New York herald., 1876-12-15
Question to Senator Morton and
Others.

|
of the twenty-second joint rule relative to
counting tho electoral vote, though it is
maintained by Speaker Randall and few
democrats in the House. may be said to
have substantially closed when the Senate,
by an almost unanimous vote, few days ago
sustained the decision of the President pro
tenn, that it had ceased to exist. That decision
was undoubtedly sound, and we advise Mr..
Randall to say no more against it. He only
makes himself ridiculous and weakens the
force of other decisions he may be called on
to make as Speaker.
The twenty-second joint rule was only
mode Of procedure under the constitution,
as we pointed out last week. 1t provided
method for carrying out the constitutional
duty of Congress in the counting OF the
electoral vote. 1t was framed in 1865
by a joint committee Of both houses, of
which majority were republicans, appointed
''to ascertain and report mode of examin-
ing the votes for President and Vice Presi-
dent Of the United States;" and it is useful
to remember that this exact phraseology,
commanding the joint committee to report
"a mode of examining the votes" ~as used
without variation from 1893 to 1865.
During the existence of the twenty-second
joint rule, of course, the motion was
merely to appoint tellers, as that required.
1t may be taken as established, therefore,
| that the constitutional power and duty of
the two houses to ''examine" the electoral
vote is as well settled as any constitutional
point about which there has been no dispute
since the foundation of the government.
Not . single Presidential vote has been
| counted from 1893 to 1872, both inclusive, in
which Congress did not assume, by express
and formal words, or by action, or by both to-
gether that it possessed the undoubted power
and duty to ''examine" the electoral votes.
| 1t amazes us therefore to hear from Wash
ington that there are leading and prominent
| republicans who assert that under the con-
stitution the President Of the Senate and he
alone has the right to count and scrutinize
the vote; that the twenty-second joint
rule was unconstitutional and wrong. and
that the two houses have no right to "exam-
inc" the vote. We have hesitated for some
time to believe these reports, but they are
confirmed by the arguments we find in re-
publican organs, by the conversation Of
prominent republicans, and not least
by the fact that leading republican
Senators, such as Senator Morton, having
procured the abolition Of the twenty second
rule now make no efforts to secure a new
rule in its place, looking to the same object.
Senator Ferry, the President, pro tenn, of
the Senate, is reported as saying that, 'ac-
cording to the constitution the presiding
officer of the Senate will, in the presence OF
the two houses, count the votes on the day
set apart for doing SO !" and it is further as
serted that, in violation of custom which
has prevailed without single exception
since 1909, the Senate will refuse to 60 over
to the House of Representatives this year,
to open and count the vote, but will Gin
vite" the House to come to the Senate.
We have been waiting for some time to
hear such republican leaders as Senators
Morton, Sherman, Conkling, Edmunds and
Blaine give fiat contradiction to such
alarming reports by motions in the Senate
looking to the formation of joint commit
tee ''to ascertain and report mode Of ex-
President" It is true that in former and
quieter times such a committee was not
usually voted until later in the session but
the Senators we have named must know
that on this occasion beginning ought to
be made much earlier, and cannot indeed
be made too soon. They ought to rcmem-
Der, too, that they, the republicans, are
o1oco ~oc~ouc;h1a CO.. ho n Invocation, Of kho
twenty-second rule, which has prevailed
since 1865, rule which they and their
party framed, adopted, used and at the last
session, in plain view of the present elec-
tion, refused to continue and declared OF no
further effect Party feeling runs very high
nowadays, but the Senators we have named
and their party cannot evade the very grave
responsibility put upon them by their own
acts, continued during nearly twelve years.
Nor can they afford to forget what the coun-
try certainly remembers, that there are
States where the result of the election is in
dispute; that in those three States the re-
publican party possessed all the election
machinery; appointed all the election
officers and returning boards used federal
troops IN the nanuS OF Ieueral marSnalS
during the canvass to enforce their own
rules used federal courts and troops after
the election to sustain their own returning
boards and protect them against the action
Of State courts, and allowed those return
ing boards to sit and act in secret and de-
clare the electoral votes of these States con-
| trary to the acknowledged official returns,
and without explanation Of the facts
on which the change was made All
this the public knows and remem-
bers and if to this republican Sena-
tors now mean to add an assumption
al,aA Aho prnsidonf nf the S.nnta ono Of