The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-11-10

lpower. and; did. sFeeedS from the twenty
second iofrt rule, vet it Is a matter OF grave
Iregsfet and sofIcituie that son1e mode OF sets
filing a.iisputed vote in the Electoral Col
flege has not been provided for, for u Is easy
| to conceive contingency when sucn us
mute would involve us in civil war; we
can only hope that the good fortune ttat
has attended us thus far will continue ; tna5
| the very gravity Of the danger Will compel
all parties fairly and honestly to submit 70
the will OF the majority expressed III ~
constitutional forms, and tliat tne
counting stof the vote by the VICE
President In the presence OF botn houses
will be 80 impartially done as 70 COM
mand respect and acquiescence. IL is q dan-
ger that should be guarded against Dy aeon
stitutional amendment. Though Iotea
for the bill pending in the Senate, mao ana
have doubts whether it. was snmcient BE.
curity. Perhaps for the approaching couhs
| the two Houses can agree upon loinI rule,
free from the conceded defects ana dangers
Of the former tWenty-second lolnt RUG;
though hope that the popular choice WIZ
be SO strong in favor Of Governor Hayes
that there will be no manner OF doubt as 10
| - ~ - JOHN SHERMAN.
Mansfield, Ohio, October %, 1875 -
THE ELECTORAL CoUNT-THE CONSTITUTION
! GIVES NO RIGHT TO THE PRESIDENT OF THE
| SENATE TO COUNT THE ELECTORAL VOTE.
from the st. Louis Republican,
| Mr.. Editor, An article in the Republican
OF the 21st seems to admit that IN the ap.
sence OF the twenty-second JOINT rule OF
Congress the President OF the Senate :" can
count Just what returns he pleases, ana ne,
instead OF Congress, can decide which IS
the lawful and which the unlawful return II
two or more come from one State"
| Allow me to dissent from such a con-
struction. Suppose there is no JOINT rule
in existence and we are thrown entirely
on the twelfth amendment to the Con-
stitution for our guide. Then, to ascer-
tain what the trainers meant-the meaning
| in the clause in the amendmeDt-.we must
apply the logical rules Of grammar. The
clause is: "The president OF the Senate
shall, in the presence of the Senate and
House OF Representatives, open all the GER
tifcates, and the votes shall then be count
edo Observe that the clause contains but
two yerbs-the first in the active, the second
in the passive voice. The Qirst) "ShaHo pen."
The president shall open the certificates in
the presence of the Senate and House OF Re
representatives.. The second (passive) shall
be counted" The votes shall be counted.
In the passive voice the nominatiye is never
the actor; but some word preceded by the
proposition "by." The passive is used
when we either do not know the actor or
do not choose to declare it; when we do de-
clare it the "bv" must be followed by the
actor, or by him, her, or it, it the actor has
has already been named. Had the trainers
meant that the President OF the Senate
should count the votes the word counted )"
should have been followed by the words
'by him." Transpose the parts Of the SEN
tencc, and the sense will appear manifest.
all the certificates in the presence
of the Senate and House OF Representa-
tiYes, and the votes then shall be count
ed-by whom is not mentioned, be-
cause not necessary, as the Senate and House
OF REPRESENTATIVES are necessarily implied;
the duty OF the president Of the Senate
having already been restricted to the open
| ing of the certificates in the presence OF the
members of the two houses, who are the
representatives OF the State and the people
of the State, and not the president OF the
Senate. Hence the members OF the Senate
and House OF Representatives are the count
ers Of the electoral votes in such manner as
their wisdom may direct, and the, president
Of the Senate can only announce the result
Of what they have done Oh directed to be
done. ....:.e.. ...,..4 .a..- i MCG. q,
The Republican must not be misunder-
stood in what it has said about the electoral
count. 1t has heretofore endeavored to
present simply the claims the Republican
leaders are making, and has given no eX-
preston OF opinion respecting how far they
are justified in law. There is time enough
for that consideration when the people are
made fully acquainted with the impending
trouble. There is so much missatement in
circulation that it is important to first COM
prehend the situation as 1t is.
The press seems particularly out OF the
way about the twenty -second Joint rule.
The statement generally is that it is the GUS
tom OF Congress to readopt its rules at the
first session OF each Congress, and that the
House last winter in 'readopting the rules
OF the last Congress neglected to include
the twenty-second. There has never been
any such custom, and upon the theory that
Congress is a continuing body, the rules
| have run from one session to another With
out any action except to repeal or amend
them. The first instance OF departure
| from this custom was at the beginning OF
the last session, when the House, by resolu-
ton, adopted the rules of the previous
| Congress, Mr.. Garfield protesting that
| if was unnecessary to do that, as they
were binding anyway. This resolution
covered only the rules Of the House, how
ever, and did not refer to the Joint rules at
ALL Meantime the Senate did not depart
| from its uniform customand follow the new
precedent established by the House. Its
own rules, Us well az the joint rules, were ac-
copied as in force without any resolutions
adopting them. On the contrary, the repeal
of the twenty-second joint rule was talked
Of, and even given formal consideration in
the Committee on Privileges and Elections,
to which bill proposing substitute for
the rule introduced December by MIR. Nor
ton had been referred. Uncertain of the
willingness of the House to concur in the pro-
posed repeal, the, tricksters of the Senate
committee hit upon a plan by which they
hoped to secure their object. Following
this out, they pretended to have suddenly
discovered that the precedent set by the
House respecting its own rules applled
equally. to the Joint rules, and so on. jan
nary Goth they passed q concurrent resolu-
| tion adopting the Joint rules excepting
the twenty-second. The House eYidenty
held that the Joint rules remained in force
until rescinded, and so took no action on
the concurrent resolution OF the senate.
There Is thus controversy between the
two houses on this point, and no one can
now. say how it will be settled, OF what it
NAV lead to when the joint session convenes
in February. 5t.. ga
| The Republicans assume that they will
he able to enforce their position. Sup