The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-12-02

Withdraw and said question shan he submitted to that
Representaives shall in iEe manner stat Tic question
TO the House Of Representativs Tor IT'S decison and
no quest on enal he dcci0 ed afllrnativcly and no
vote obi cted 20 shall be counted, eSccp by the CON
the two Houses shaii umeiIaicy reisscm6ie and the
prcsdng officer shall then announce the decision q the
snail be- no debate ia either House AZ any other
ia IKE manner"
IL is PLAN that this very reasonable and
proper method of proceeding Intended to
provide for "A mode by which. in the pro-
cess OF canvnssing the votes. objection
might he made to the counting of votes
that ought not to be received, and that
each House might separately consider and
act upon the objection. II either House,
on Resembling, declares that it con-
sidcrs the objection valid. the votes SO OBJ
jrcted to cannot be counted, because the
counting is an act in which the two Houses
must concur. With regard to the nature
of the objections that can be constitutions
ally made to the counting of any OF the
votes, there may he differences of opinion /:
but there can he no difference of opinion
on this point, namely, that us To all such
objections us either House may in the dis
charge of its constitutional duty and In
the exercise of its constitutional functions
determine To be valid objections, the rule
intended to provide for a mode by which
such Objection could be made operative
II Il not to be presumed that either
| House will raise objections that would 20
| |. yond the sphere Of action which the
| Constitution has prescribed for them; nor
Is 1t to he presumed that any objection
| Will be taken by either House Tor a cap
! ttous or Interior purpose, or with intent to
create obs ructons in the process of ascer-
| tanning the result of tho electoral votes.
| But II is To- be presumed that either House
which secs, with sense OF its constitu-
tional duty, n valid objection to the count
ing of any vote, Will discharge its duty to
the country by taking that objection and
| making 1t prevail IN the counting of the
votes in the manner provided for by the
| rule. The idea that the Senate will now.
for party purpose, insist that the joint
rule is not IN operation. for the mere pur-
| pose of taking away the power OF the
House To raise any constitutional objec-
ton to the counting of any votes, or IN
order TO place the whole process of can
vassIng, counting, ana declaring the votes
in the hands OF the President OF the SEN
ute, he merely standing up in the
| presence of the two Houses as silent
| spectators, Is preposterous. The Senate
could not take any such attitude
without making it Mt once apparent
TO the whole country that their object
Is To avoid the operation Of "A rule now
standing ms the parliamentary hw OF Con-
| gress, and to arrogate to their own pres H.
ing officer function with which the Con
! stitution has not clothed HIM max ng him
| both a ministerial officer To open the GER
tihcates, and quasi judicial tribunal 10
decide all possible questions that can arist
| upon those certificates. A majority ot
| the Senate may have strong desire to
| have HAYES declared elected, but they
cannot reach this object by claiming that
the twenty-second joint rule has been oI
is capable of being rescindcd 10y their ac-
| ton alone.
Whether il is expedient for Congress i'm.
| before the period for counting the vote,
arrives, TO undertake to make d ncrent
| joint rule. Is very questionable. The ex-
istlng rule l. "A rational and safe one, and n
was adopted AT IA time when there was nC
eXigency Of q very critical nature TO dis
turb the judgments of its trainers. Tn,
| morc the people Of the country reflect upot
the more tneV Will ne satlsned win II rs
wise aud prudent provision.