The New York herald., 1876-11-12

the subject, Nj. Barclay produced tke manu-.
script Of his emendation OF the volume OF the
digest Intended for the OF the approaching
session OF Congress. and pointed the paragraph
he has intcrpolated under the heading OF Jont Rules
Like the author who described the natural history
OF Ireland, and under the chapter and headini
OF Snakes wrote. "rhere snakes in Ireland
Mr.. Barclay has been nearly as succinct In saying
the heading of Joint rules There are no Join
ruIes only he has elaborated this thought into the
following paragraph
JOINT RuLHs
Whenever the two houses may fail to adopt for the
Congress tho joint rules Of preceding Congress which
frequently occurs II would seem under the authority
conferred by the constitution upon each house article
l. section 81 TO determine the rules OF ys proceed
ngs 10 be the undoubted right OF each house. pleas
ure decline further acquiescence the enforcement
OF any all OF them and hence. although the joint
rules acquiesced during tho Forty third Congress-
appear this digest, the following proceedings dur
ing the first session OF the present Congress- would
10 indicate that no joint rules are now In inrce.
CoRREspoxDxSr-You do not doubt, then, that the
twenty. second joint rule rs dead letter.
Mr. BARcLAr-Not in the least The proceedings 70
erred 10 that paragraph show tho fact clearly II
tho first place. the Senate took up the subject OF the
joint rules amended them by striking out the twenty
second and sent the amended rules 70 the House
where they were referred 10 the Committee on Ruls
not again called up; but toward the close OF The
the House, desiring to suspend the
sixteenth and seventeenth joint rules, sent
q proposal to tho senate for the suspen.
sion OF these two rules and was returned
answer that proposition for amendment o the rules
already before the House in the original action Of
the senate
ConaEsroSDESr-And these rules were
Mr.. BARcLAY-One Of them provided that no bill
passing house should be sent 10 the other for con-
any OF tho last three days Of tho ses
sion; and the other that no bill or resolution which
had passed both houses should DO presented to the
President for his appreciation tho last day OF the
session. Now the fact Is the two house: did inter-
dent signed bills the very last day Of tho session
CoRREsroSDESr--Then tho House, by sending bills
days. and % tho President for signature the last day
OF the session. testified its belief that no joint rules
in force
Mr. BARcLAY-That is the legitimate inference.
4 CoRREsPoSDExr-You have Witnessed the counting
Of the electoral vote great many times, Mr. Barclay
What would be the consequence II the House SHOULD
refuse to SIT at the ceremony?
Mr.. BARcLAY-Such refusal would be contrary to
the duty exacted Of Congress by the constitution tn:
tho ceremony 1t prescrbes IN part had been pretty
nearly The same on previous occasions
CoRR RESPONDENT. As matters now stand, and in the
absence OF any legislation, the President Of the
Senate would be liberty to open and count the eiec
House in tho shape OF eIlor and declarc the result
Mr. BARcLAY-He would. The constitution, whose
simple provision % Is rSw the only law on tho subject
presence OF tho Senate and House Of Representatives
open all the certificates and the votes shall then be
counted and there Ii no instruction ~ TO how tho
counting shall be done Tho omission 10 greatly 70 be
regretted.
Should there be any grounds OF suspicion OF
fraudulent counting either side it should be re-
ported and denounced at once. N
NO man tcorthy the oDfce OF President should
be ,ciling to hold II "counted In" or placed there
Dy any Jraud. Either party can Gtord to be dtsdp-
pointed IN the result but the country cannot afford
to haze the result tainted Ov the suspicion Of illegal
or Jtlse returns. o. s. GRANT