The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-11-18

two-thirds of the Senate and House Of
Representatives, according to the rules
and Limitations prescribed in the case Of
a bill"
lttherefore appears that all Of the forms
and solemnites which are requisite to the
passage Of a bill, and to give il force and
effect, are alike required to give force aud
effect to joint resolution. This is very
clearly gathered from an examination Of
the clause Of the Constitution Just. quoted
as evils as from the published opinions Of
one Of the highest authorities on parlia-
mentary laws in this country.
Mr.. Barclay in his Digest of the Ru les
and Practice Of the House of Representa-
tiyes, under the head Of Joint Resolution,
page 1913, says;
The resolving clause Of a joint resolution
is, "Be itresolyed by the Senate and House
Of Representatives Of the United States of
America in Congress assembledn--R s.,
Sec. 8; and, in all respects, joint resolutions
are governed by the same rules as bills, the
word 1'bill, where il occurs in the rules,
being held to apply equally to 'joint reso.
luton. - Coag. Globe, 5, 81, p. $50.
By the Constitution Of the United States
and the rules of the two houses, no absolute
distinction is made between bills and joint
resolutions, either in regard to the mode Of
proceeding with them before they become
laws, or their force and effect afterward.
If then no distinction be made in the
Constitution between bills and joint reso-
lutions, either in regard to tho mode of
proceeding with them before they become
law or their force aud effect afterwards,
what need is their that the TWEEN ty-secoud
joint rule should be adopted by every sue
ceeding Congress to give it the force of law2
Having once been adopted did it not be-
come law and does it not continue possess
ed of the force and effect of law until it
be repealed?
From the examination which l have
been enabled to give the subject, l am
clearly of opinion that the Rule continues
in force until it is repealed, and as such
will control the action of Congress in count
ing the electoral vote in February next.
Very truly yours,
CHARLES ID. MOMENTS.
Senator Whyte is represented in the
Baltimore Sun of Monday, as saying he
is confident that Mr.. Tilden has carried
Louisiana and Florida, and probably South
Carolina, and if SO, in spite Of the return
ing boards, the votes for Mr. Tilden in
those States will be counted for him. The
votes Of such electors will be certified to
the President of the Senate and copies
win be sent to the Senators. When the
Senate and House sit together to count
the votes in February one teller will be
appointed by the Senate and two by the
House, who win count and declare the
votes as they are handed to them by
the Vice. President. Should the Vice
President decline to produce the certif-
Gates in favor of Mr.. Tilden a Senator
may produce copies Of them and move
that the votes be counted. The Vice
President may also decline to put this
motion to the joint convention of the two
houses, in which case the tellers will be
asked to put the motion to vote. As
two Of the tellers will be Democrats and
one Republican, majority of them can
decide as to the propricty of putting the
motion, and as the Democratic majority
in the House is large enough to control
the joint convention, it is plain that the
votes Of all the States that are really cast
for Mr.. Tilden may thus be counted.
Should the Senate withdraw and decline
to count these votes the matter will 60 to
the House of Representatives for decision,
as in the case of a failure to elect by the
people. In that event Of course Mr.. Til
den would be elected President of the
United States.