The New York herald., 1876-11-12

passed the Senate the 24tb OF March, 1876. oy
vote OF 32 10 20 nays tsee CoagessonaI Record
PAGES l.6o2, l.674 1900. lsio, 1885 1851
oa the day Of rs passage, MI Thurman who had
voted Tor II, moved reconsideration THIS was de-
batsd different times but nnal action was had on
the bill, and 1t rs now pending in the Senate
nouncea to the Senate that the House had passed a
resolution suspendng the sixteenth and seventeenth
JOINT rules for the remainder OF the session. Inc
action of the House based upon the assumption
these rules together with the other JOINT rules or
previous sessions were still in force. When this an
no sixteenth and seventeenth joint rules to suspend
Subsequently, on the same day. Mr. Edmunds IN re-
sponse 10 The resolution OF the House, offered Inc io
loving
Resolved That the resolution OF the House OF Represent
atves presented this day In the following words Re
sarrnr That the .is,ssnss and sevsn,ssn joint rules
iny returned 20 the House Of Rsprssntaves the
saisment that as the HOUSE q ss. no.
session proposed by resolution OF the senate
sss s.s on hs u Ss
there are no joint rules in orce
And this resolution Was unanimously adopted
II seems that the House took action upon the
resolution OF the Senate renewing tho joint rules, ex
cept the twcnty-second joint rule which regulates
tho manner Of counting tho electoral VOTE nor did the
House take action tho resolution just quoted but
assumed that the old joint rules were in forco; while
the Senate carly held that the JOINT rules continued
only during the concurrence Of the houses and
thai no joint rules were IN iorce
Upon the main question whether either house can
recedo from JOINT rul0 adopted by previous Con-
gress have doubt Each house has the consttu-
N
authority limit this power, except by a change OF
the constitution The rules OF one house do not bind
its successor unless acquesced in adopted by IT,
An act OF Congress approved by tho Presdens
bind subsequent house to its rules aud order or
business Joint rules arc but the concurng opinions
or rules OF independent bodies and cannot bind
their prevent either house from recodng
from them. They are matters OF mutual amity and
convenience to continue which both parties agree to
them and to be revoked at the pleasure OF either
Any othcr principle would destroy the inde-
| pendsnce OF the respective houses While there
fore, l am clear that the Senate had the power and
did recede from the JOINT rule yet II Is
q matter OF grave regret and solicitude that some
mode Of setting disputed In the Electoral College
has not been provided for, for II TO conceive
contingency when such dispute would involve us IN
civil war; We can only hope that the good fortune
that has attended thus far vii! continue; that the
very gravity OF the danger Will compel all parties
jory expressed constitutional FORMS and the
counting OF the vote by the Vice President, in tho
presence Of both houses Will be impartially done
as to comm nd respect and acquiescencs II Is
danger that should be guarded against by constiiu
tlonal amendment Though ! voted for the 6l pend.
y sufficient security Perhaps for tho approaching
count the two houses can agree upon joint rule free
the conceded defects and dangers OF the former
twenty second joint rule though hope that the pepu
lar choice Will be slrong favor OF Governor Hayes
that there will be manner OF doubt as to the result
Very truly yours. JOHN SHERMAN.
Should tiers be any grounds o. Suspicion Jrauia-
lent counting either side should be reported and de-
nounced at once.
ing to hold it If "counted I'M or placed there by any
fraud Either party afford to be disappointed in the
rent but tie country cannot afford to Adue As result
tasnsed BY the su.picios Of Illegal false
U s. GRANT
SENATOR MoRroNs OPINION.
From the San Francisco Chronicle, Oct. al
To EDITOR oY THE CHRosICLE:-
To correct some misapprehension in the public
IN tn lsto tvan nv inin
the houses OF Congress- for counting the cleo
toral vote, / ask short space in your columna
Up to January, 1866, there had been rule or law
regulating the counting OF the electoral votes for
President and Vice President and the count had been
made under tho general direction only Of the consttu
tona provision. At the time the twenty second joint
rule was adopted providing the form and method for
making the count and enactng, among other things
when the two houses assembled In the hall Of the
House witness the count II any objection made
by any member of the House or Senate to receiving
any electoral votes, the two houses should i'm
mediatoy separate, and each. in its own chamber,
without debate vote upon the objection; and II the
objection was not overruled by the vote OF both
houses then the electoral vote votes objected to
werc not to be received II was thus placed in the
power Of either house, by refusing 70 override OBJ
lection electoral vote, however trivial imma-
terial the objection might be, TO have the vote re-
ecsed and thus any State. or NIL tho States might be
dsiranchised by the action OF one house Of Congress
only. To this provision Of the rule appeared
TO be grossly unconstitutional and dangerous TO
the peace and safety Of the country and called the
Of the Senate to It's character early tho
r n the ad fy 81 bs
rulc were strongly Illustrated. Objection was made
TO counting the vote OF Arkansas. because the cern
cate signed by the Governor not attcsted by the
seal OF the Upon this objection the two houses
voted separately The House OF Representatives
ruled the objection, but the Senate sustained It,
the vote OF Arkansas lost Objection made,
ALSO TO counting certain votes from the State OF
ground that Mr. Greeley was dead This objection was
overrued by the Senate and sustained by the House,
and those votes were not counted A. the next Sos
sion OF Congress ] introduced amendment to the
joint rule providing that electoral vote should be
rejected unless by the concurrent action OF both
houses and aftorward reported bill from the Com
mittce on Privileges and Elections embracing tho
amendment and providing for limited debate in each
house upon any objection that might be offered to
electoral votes. THIS BILL after much debate passed
the Senate by large majority ana was not reached in
cress brought forward the BILL and It again passed
the senate ON Its second passage IL became nearly
party question receiving only % Two democratic votes
North Carolina Aner the passage, and before the
bill was sent to the House, Senator Thurman
no action was aiterward taken the action OF the
members OF the Senate making Il certain that
the House wo-ld reject the bill, and failed the
second time The JOINT rules Of tho Senate and House
expire with the end oil each Congress They are sim
ply agreements between tho two houses Tor methods
OF action regard to particular mattors and neces
sarily expire with the Congress- One Congress can
not such rules binding upon n succeeding Con-
grcss these joint rules In most respects pertain
to matters about which there IL dispute they have
been generally accepted by new Congress without
readoption, and acted upon by common consent with
the perfect Understanding, however, that it s the
power OF either house 10 dissent from any all
them. AT the last session the Senate by resolution,
expressly dssented from the twenty y-sccond joint
rule thus taking away any argument OF assent
adoption that might DO drawn from nero siences The
lfarp anda 4 II n
existence unless further action s had by Congress
before the day hxed for counting the votes
February, the count will have TO be made under tho
general direction Of the constitutional provision. That
provision reads as foIlows-
'Tho electors shall meet IN their respective States
and vote by ballot President and Vice President,
one Of whom, at cast shall not be an inhabitant OF
tho State with themselves they shall name in
their ballots the person voted President aud
dlsnct ballots the voted for Xlce Preadent