New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-10-29
COUNTING THE VOTE.

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Next in importance to-in fact, almost
contemporaneous with-the direct voting
ia the States for electors of President and
Vice President of the United States, 10 the
opening of the certificates and the counting
OF the votes in the presence of the Senate
and House of Representatives. In relation
to the latter subject lively discussion has
sents some extremely grave aspects, such
q were never previously realized.
Heretofore there has existed joint rule
for the government of the two houses of
Congress in the counting of the electoral
votes, but neither that rule nor any of the
other joint rules are now in existence: 1t
was customary formerly for eacn new Con.
gress to adopt or acqoiesce IN tne f9ies OF
it's predecessor. 01t the present Forty
fourth) Congress devlated from the usual
practice in that respect. On the nrst DAY
gress Mr.. Randall introduced, and the
House adopted, q resolution providing
shat the rules OF the House OF RePresen-
tatives Of the Forty-third Congress shsl! be
the rules of the House OF Representatives,
until otherwise ordered, except rule loo
and rule l67." This, it will be observed,
only related to the rules OF the House. No
mention was therein made OF the JOINT
rules.
In the Senate. on the tenth OF OF last Jan
nary, Mr.. Hsmlin reported from the Com
mittee on Rules, resolution, offered De-
cember Is. by Senator Edmunde, proposing
that the joint rules OF the Senate and
House of Representatives in force ut the
close OF the last session OF congress be
adopted - the JOINT rules OF the two houses
for the present." Senator Morton offered
an amendment, which was adopted, strlklng
out tine twenty-secono JOINT RUE, w1cn re-
lates to the opening and counting by the
President of the Senate of the votes for
President and Vice President OF the United
States in the presence of the two houses of
Congress.
Apprehendinp that the SCOPE of the reso.
linton and the subject to which it relates
might moi be familisr to all the Senate, MI,
Hamiin then prooeeded to state briefly
blamed that It was a novel propoeitiop.
snch = one "A he had never before known
in the Senate. He had mace investioation
in relation tn the matter. and fonnd that
never from the beoinninp of the govern
ment to the present time had the attention
of the Senate been called to the precise
point which the resolution raised and
Brought before the BODY. "The Senate"
he said, sis an existing body, and it's rules
exist with the body. The House of Repre-
sentatiyes il Q body which expires once in
two years, and it's rules expire. of course,
with each expiring Congress. We have, be-
sidee. what we cali the Joint rules for the ar
raneement of business between the two
houses-rulea that have been concurrently
agreed upon by both the House and the
Senate: and I think that from the COM
mencement of the government to the pres
emit time-certainly,w within nv recollection
there has been NO instance when the Senate
or House has been asked to act at the COM
mencement of sny session of Congress upon
the JOINT rules. Occasionally new Joint
rules are proposed and agreed to; amend.
ments are suggested and agreed to. But
what ia the condition OF thines9 The House
in it's constitutional limit expires and with
it its Joint rules must expire, and if thew ex-
pire upon the part of the House thew must
necessarily expire on the part Of the
Senate, and it is only by acauiescence
in long years that they have been treated
and regarded % rules, and not BY an
affirmative vote either of the House or of
the Senate. But the Senator from Yer
mont, Mr.. Edmunds, now brings the mat
ter to the notice of the Senate, and in
looking at it carefully and critically, and
in legal point of view, the committee are