The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-01-12
The Law In Regard TO the Count OF The
Electoral Vote.

many newspapers are urging upon Con-
gress theimportance Of f.enactinga a wise and
justlaw this session respecting the count OF
the electoral vote for President and Vice
President, the prospect is very dismal, in
deed, that anything will be done. The
tendency Of the Democratic majority is
not only against legislation on this vital
subject, but general disposition appears
to exist to take advantage of the absence
OF o statute covering such exigency as
that OF 1876, or any other that may
arise, to secure control Of the executive
department OF the government. The
principal argument advanced by the Dem
ocrats for non.action on this question is
that the Republicans, when in power,
omitted to perform this duty; that instead
OF framing such law as they now ask the
Democrats to enact, they passed what is
now known as the Twenty.second Joint
Rule February 0, 1865, under which all
proceedings OF the two Houses touching
the electoral count were conducted until
1877, and this precedent established by the
Republicans themselves the Democrats
now propose to follow. This being the
Democratic position, it may be interesting
to know what the rule in question Is. It
reads as follows:
"The two houses shall assemble in the
hall OF the House OF Representatives at
the hour Of o'clock p. II. on the second
Wednesday in February next succeeding
the meeting of,the electors OF President
aud Vice President OF the United States,
and the President of the Senate shall be
the presiding officer. One teller shall be
appointed on the part OF the Senate aud
two on the part OF the House of Represent
atives, to whom shall be handed, as they
are opened by the President OF the Senate,
the certificates OF the electoral votes; and
said tellers, having read the same In the
presence and hearing Of the two houses
thus assembled, shall make list OF the
votes as they shall appear from the said
certificates, and the votes having been
counted, the result OF the same shall
be delivered 10 the President OF
the Senatei who shall thereupon announce
the state oil the vote and the names OF the
persons,. II any, elected, which an.
nouncement shall be deemed sufficient
declaration OF the persons elected Presi.
dent and Vice President OF the United
States, and, together with a list OF the
votes, be entered on the journals OF the
two houses. II, upon the reading OF any
such certificate by the tellers, any ques-
ton shall arise in regard TO counting the
votes therein certified, the same having
been stated by the presiding officer, the
Senate shall thereupon withdraw, and said
question shall be submitted to that body
Ior its decision; and the Speaker OF the
House OF Representatives shall in like
manner shbmit said question to the House
OF Representatives for It's decision. And
no question shall be decided affirmative.
ly, aud no vote objected to shall be
counted, except by the concurrent votes OF
the two houses, which being obtained, the
two houses shall Immediately reassemble
and the presiding officer shall then an
nounce the decision OF the question sub.
mitted, and upon any such question there
shall be no debate In either house. And
any other question pertinent 10 the object
for which the two houses are assem- mbled
may be submitted and determined in like
manner. At such joint meeting Of the
two houses seats shall be provided as fol.
lows: For the President Of the Senate, the
Speakers chair for the Speaker, a chair
Immediately upon his left; for the sena.
tors, in the body OF the hall, upon the right
OF the presiding officer; for the Represen-
tatiyes, in the body OF the hall not occupied
by the Senators; for the tellers, Sec
retary OF the Senate and Clerk OF the
House OF Representatives, at the Clerks
desk and upon either side OF the Speak
er's platform. Such joint meeting shall
not be dissolved until the electoral votes
are all counted and the result declared; |;
and no recess shall be taken, unless q
question shall have arisen in regard TO
counting any Of such votes, in which case
1t shall be competent for either House,
acting separately in the manner hereinbe-
fore provided, to direct q recess not be.
yond the next day, at the hour Of o'clock
Pm"
The foregoing will In all probability be
the manner Of procedure to be adopted by
the present Congress at the next electoral
count. II may be observed that the joint
rules were not In force during the Forty
fourth Congress, the House having failed
70 adopt them. II they had been adopted
there would have been no necessity for an
electoral commission, and the result OF
the Presidential election would have been
different,