The daily gazette., 1876-12-05
Republican Senators on the
Electoral Count.

From the n. Y. Hearald.
We think of interest to examine what
is likely happen when the two houses
meet in joint convention to count the
electoral vote on the IA of February.
/, 1t is we believe, taken for granted that
the twenty-second joint rule is no longer
operative. This seems to us matter
ofsmall Importance. The rule me ely
provided convenient details of the pro-
ceeedings by which the constitutional
duty of the two houses could be carried
into effect. 1t could confer no extra-con-
stitutional powers upon either houses, its
authors did not, and of course would not
pretend that it provided methods in viola
tion ofor contrary to the constitution. A
mere joint rule could authorize nothing
of tself, 1t could only, like any act of
Congress, enforce or carry into effect what
the constitution had previously author
lied and commanded. IT, as is supposed.
the twenty-second joint rule has fallen
and if some other form ofprocedure under
the constitution is needed in its place, no
doubt the common sense of the two
houses will provide another. We are not
at all sure that any new rule is needed.
We remark, however, before passing to
another and more important considera-
ton at the last count. in February, 1873
very question in the Senate. Senator
Anthony asked the Vice Presidcnt:-'I
ask the Chair if the Senate by unanimous
consent and dispense with joint rule ?''
The Vice President replied, promptly and
apparently without hesitation, in the
negative:-The Senate by unanimous
consent cannot dispense witha joint rule?',
The matter seems to us of little impor-
tance, though the Vice President then,
Mr. Colfax, is thought high authority on
parliamentary law; and no Senator at the
time disputed his dictum.
2. When the electoral votes come to
be counted no doubt substantially the
same mathod will be used as on previous
occasions. The Vice President will open
the returns and hand them to tellers
appointed by both houses; these will read
the formal returns, and thereupon, as is
customary, questions will be asked by the
Senators and Representatives, intended
to establish the authenticity of the re-
turns, and the formal accuracy of their
attestation. In 1873, for instance, Maine
being the first State whose vote was coun-
ted, Senator said:-'I would inquire if
that certificate bears the signature of the
Governor of Maine?" and the convention
paused in its labors have to that point es-
tablished. The scrutiny in such cases is
always close. the proceeding being of the
highest Importance and therefore solemn
and formal and intended to leave no room |
for subsequent doubt or dispute.
3. IL may happen at the next count, in
February, as it has happened in previous
cases, and notably in 1873, that the vote |
of some States will be objected to. In |
such a contingency the twenty-second |
Joint rule was convenience, because ID |
laid down beforehand the order in and |
method by which the two houses would
consider such objections. But, as we
have shown before, it was mere con-
venience. The rule could not confer
authority or rights on either house or on
the joint convention which the constitu-
ton had not before given. No one pre-
tends that the rule violated or transcend
ed the constitution; both parties in both
houses in 1873 accepted its provisions
without question. While, therefore, in
the absence of this rule the order and |
methods by which objections to the re-
ception OF a States vote may be changed,
no one can doubt that the fundamental |
provisions which the tWpntY-Sacnnd rula