Year: 1876

The discussion in the Senate of what
is commonly known as the twenty
second joint rule Of proceeding in the
matter of counting tie votes in the
Electoral College, has come very op-
portunely to remind us once more of
the iniqu.tious and high.handed radi-
calism to which this country has been
subjected under the arbitrary sway of
the Republican party so long as that
party was dominant in both houses of
the National Legislature. In the
whirl of exents and the complexity of
political phenomena arising under q
government like ours, the popular
memory and the popular Judgment are
equally liable to confusion from the
absence of that clear perspective which
is essential to the perception of the
political logic which underlies any
given situation of public affairs. Let
then, briefly recall some of the phases
presented by this twenty-second rule


which Mr.. Morton and his Republican
colleagues in the Senate are now SO
justly denouncing in the Senate as an
| outrageous violation of the Constitu-
tion and as piece of political devil
| try no less artfully contrived than the


internal machine Of Thomassen, to


blow up the Government of the Unit
ed States, if in the hands of those who


may operate it the rule shall be left to
| work according to the normal law of


its original trainers.


This joint rule was adopted by the
Republican majority of both Houses
of Congress in the year 1866. 1t re-
| ceived the concurrence OF the House
OF Representatives (after having pre-
viously passed the Senate) on the 9th
of February in that year, and it was
adopted with special reference to the
counting of the electoral votes for
President and Vice President of the
United States, which took place only
two days afterwards, in pursuance of
the regulation thus concoted. Accord


ing to this rule. it was provided that


mo vote objected to shall be counted,


except by the concurrent votes of


"t the two houses" The rule was


adopted in order to give to the Repub.


lican majority, then predominant in


both Houses, plenary and arbitrary
power over the counting or rejection


of votes in the Electoral College. By
a previous joint resolution, signed by


President Lincoln on the very day
when the electoral votes were counted


the Congress had declared that the


"rebel States" were not entitled to


representation in the Electoral College


and, as Vice President Hamlin ex-


planned while the counting of votes
was going on, this rule "gave to each


house negative upon the determine


tion of the other" thereby making it


sure that no "rebel State" should be


represented in the Electoral College SO


long as q majority of Republicans


should remain in either branch of


Congress to object to its representa-


tion. That is, the Republican major
| ity in both houses agreed together


that while they held control of both
houses they would give 10 each house


the tremendous power of deciding


what electoral votes should be count
i ed. 1t adds to the iniquity of this
transaction that the measure was
adopted as mere form of joint pro-
ceeding-an agreement mutually con.
certed between the two houses for the
management Of administrative details
in the expediting of public business,
and not having the force or effect of a
statute. In such contempt did the
Radical party of that epoch hold the
rights of the States as guaranteed by
the Constitution in the matter of the
election of the highest officers in the


Republic.


So long as the Republican party


maintained its predominance in both


branches of Congress this twenty


second rule, which periodically passed


the electoral votes of all the States


under the Caudine forks of shame


full humiliation, was not only allowed
| to stand among the established rules


of Joint procedure, but, without being


re-enacted from Congress to Congress,


or even from Presidential term to


Presidential term, was regularly called


into exercise every four years from
the disfranchisement of States in the


Electoral College, according to the
mere arbitrary will and pleasure of
the Republican party in either house
of Congress.


And, as if this rule were not arbi-
trary enough, the Republican majority
OF the Senate IN the year 1869. on mo-
tion of Senator Edmunds, of Vermont
(who now strangely assumes to depre-
ciate the mischief lurking in the
twenty-second rule), had the audacity


to propose special joint rule OF pro-
ceeding to meet the case of the State
of Georgia, ds represented in the Elec-
toral College of that year This Joint
rule was adopted in the Senate on the
9th of February, 1869, and was con-
Cured in by the House of Representa-
tives on the same day, by suspension
of the rules. This preposterous rule
ordained that the votes of Georgia
should be counted only in case that
her votes should mot essentially
change the result"-such is the exact
language of the rule-and that the
President of the Senate, in announc-
ing the result of the electoral ballots