Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1877-01-25
Report Of the Congressional Joint
Electoral Committee. o-
WASHINGTON, Jan. IS.

Representatives appointed under the sever
al resolutions of. those bodies to prepare
and report such measure as may be best
calculated to accomplish the lawful count
ing of the Electoral votes, and the best
disposition of all questions connected
Herewith, and due declaration of the re-
suit. The, committee say. that they have
considered the subject named in said reso-
lutions, and have had full and free con-
ference with each other thereon, and now
report the accompanying bill and recon-
mend its passage. The committee con-
tinue: -..r.fF .Easse. ff.~-T
We have applied the utmost practicable
study and deliberationtot the subject, and be-
lieye that the bin now reported is the best at
tainable disposition ofthe different problems
and disputed theories arising out of the late
election. 1t must be obvious to every person
conversant with the history of the country,
and with the formation and Interpretation of
the Constitution, that a wide diversity of
views and opinions touching the subject not
wholly coincident with the bias O wishes or
members of political parties, would natural
ly exist. We have in this state of affairs
chosen therefore not to deal with the alb
stract- questions, save so far as they are
necessarily involved in the legislation pro-
posed. 1t is, of course, plain that the report
OF the bill implies that, in our opinion
legislation may be had on the subject in
accordance with the Constitution, but we
think that the law proposed is inconsistent
with few of the principal theories upon the
subject The Constitution requires that the
Electoral votes shall be counted upon a par
ticular occasion. All will agree that the
votes named in the Constitution are the con-
stltutlonal votes of the States, and no other,
and when they have been found and identi-
fed there is nothing left to be disputed or
decided. All the rest is the mere clerical
work of summing up numbers, which, being
done, the Constitution itself declares the
consequences. This bill, then, is only di-
rccted to ascertaining for the purpose and
in aid of counting what are the cAnstitu-
tional votes of the respective States, and
whatever jurisdiction exists for such pur-
poses the bill only regulates the method of
exercising it. -..
The Constitution, our great instrument
and security for liberty and order, speaks in
the amplcst language for all such cases, in
whatever aspect they may be presented. 1t
declares that the Congress shall have power
to make all laws which shall be necessary
and proper for carrying into execution the
foregoing powers, and all other powers vested
by the Constitution in the Government of the
United States, or any department or officer
thereof. The committee therefore think that
unconstitutional by anyone, and for this
reason we think it unnecessary, whatever
may be our individual views, to discuss any
of the theories referred to. Our fidelity to
the Constitution is observed when we find that
the law we recommend is consistent with that
instrument. e.. a..s u. 4. a r.... ..Enr-
The matter then being proper subject for
legislation, the fitness of the means pro-
posed becomes the next subject of consider
IIn0n tn m a
few brief observations: In all just Govern
mcnts both public and private rights must
be defined and determined by the law. This
is essential to the very idea of such a
Government, and is the characteristic dis
tinction between free and despotic systems.
However important it may be whether one
citizen or another shall be the Chief Magis-
trate for period preserved upon just the
cries of civil Institutions it is of far greater
moment that the will of the people, lawfully
expressed in the choice of that officer, shall
be ascertained and carried into effect in a
lawful way. ..f .-..r ....r -.r.
1t is true that in every operation of a
government of laws, from the most trivial to
the most important, there will ALWAYS be a
possibility that the result reached will not be
the true one. The Executive officer may not
wisely perform his duty; the Courts may not
truly declare the law, and the legislative
body may not enact the best laws; but, in
either case, to resist the act of the Execu-
tive, the Courts or the Legislature, acting
eonstitutionally and lawfully within their
sphere, would be to set up anarchy in place
of government.
Wethink, then, that to provide clear and
lawful means of performing the great and
necessary functions of the Government in a
time of much public dispute is of far greater
Importance than the particular advantage
that any man or party may in the course of
events possibly obtain. But we have still
endeavored to provide such lawful agencies
of decision in the present case as shall be
the most fair and impartial possible under
the circumstances. Each of the branches of
the Legislature and the Judiciary are repre-
scented in the tribunal in equal proportions.
The composition of the judicial part of the
commission looks to a selection from diff
ferent parts of the Republic, while it
is thought to be free from any pre-
ponderance of supposable bias and the addi-
ton of the necessary constituent part of the
whole commission in order to obtain an I'M
even number is left to an agency the farthest
removed from prejudice of any existing at
tainable one. 1t would be difficult, if not
impossible, we think, to establish tribunal
that could be less the subject of party criti-
cisms than such one. The principle of
its constitution is so absolutely fair that we
are unable toperceive how the most extreme
partisan can assail it, unless he prefers to
embark his wishes upon the stormy sea of
unregulated procedure, hot disputes and
dangerous results that can neither be meas
ured nor defined, rather than upon
the fixed and regular course of law
that insures the peace and order of
society, whatever party may be disap-
pointed in its hopes. The unfortunate
circumstance that no provision had been
made on the subject before the election has
greatly added to the difficulties of the COM
mlttees in dealing with it, inasmuch as many
of the people of the country, members of the
respective political parties, win perhaps look
WITH jealousy upon any measure that seems
TO involve even possibility of the defeat of
their wishes; but it has also led the commit
tees to feel that their members are bound by
the highest duty in such case to let no bias
or party feeling stand in the way of Just,
equal and peaceful measure for extricating
the question from the emsarrassments that
at present surround it. .s-
In conclusion, we respectfully beg leave
to impress upon Congress the necessity of
speedy determination upon this subject. 1t
Is impossible to estimate the material loss
the country daily sustains from the existing
state of uncertainty. 1t directly and power
fully tends to unsettle and paralyze bust
ness, to weaken public and private credit
and to create apprehensions in the minds of
the people that disturb the peaceful tenor of
their. ways and happiness. 1t tends to bring
Republican institutions into discredit, and
to create doubts of the, success of our form
OF government and of the perpetuity of the
Republic. All considerations of interest, of
patriotism and of justice unite in demand
Ing OF the law-making power measure that
will bring peace and prosperity to the .coun-
try, and show that our Republican institu-
tions are equal TO any emergency, and in
this connection we cannot refrain from the
expression of our satisfaction that your
committees, composed of equal numbers of
opposing parties, have fortunately been able
to do what has been attempted in vain here
tofore-almost unanimously agree upon q
plan considered by them all to be just, wise
and efficient. We accordingly recommend
the proposed act to the patriotic and lust
judgment of Congress.
(Sisned) GEORGE 2. EDMUNns, AA
,J, FREDERICK T. FRELINeHuYsEN,