The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1877-01-24
THE REPORT.



house of representatives appointed under
several resolutions of those bodies TO prepare
and report such measures as may be best
calculated to accomplish the lawful count
ing of the electoral votes and the best dis
position of all questions connected there
with : and declare the result: The
committees say they have considered
resolutions and have had a full
and free conference with each other
thereon and now report the accompanying
the bill and recommend its passage. We
have applied the utmost practicable study
and elaboration TO its study, and believe
that the bill now reported is the best at
tainable disposition of the different prob
lens and disputed theories arising out OF
the late election. 1t must be obvious to ey-
cry person conversant with the history OF
the country and with the formation and in
depreciation of the constitution that
wide diversity of opinion touching
the subject, not only coincident with the
bias or wishes OF the members OF political
parties would naturally exist We have in
this state of affairs chOsens Therefore not to
deal with abstract questions, save as they
are necessarily involved in the legislation
proposed. 1t is of course plain that the re-
port of the bill implies that in our
opinion legislation may be had on
the subject in accordance with the constitu-
inconsistent with a few of the principal
theories on the subject. The constitution
requires that the electoral votes shall be
counted on particular occasion. All Will
agree that the votes named in the constitu-
ton are the constitutional votes of the states
and not other, and when they have been
found and identified, there is nothing left to
be disputed or decided; all the rest
is the mere clerical work of summing
up the numbers. which being done, the con-
stitution itself declares the consequences.
This bill. then, is only directed to ascertain
ing for the purpose and in aid of counting
what are the constitutional votes of the re-
spective states and whatever jurisdiction ex-
lists for such purposes. The bill only regu-
lates the method of exercising it. The cOnsti-
tuition is our great instrument and surety
for liberty and order and speaks in amplest
language for all such cases in whatever as
pect they may be presented. 1t declares
that congress shall have the power to make
all laws, which shall be necessary and pro-
per for carrying into execution the forego-
ing powers, and all other powers vested by
the constitution in the government of the
United States or any department or
office therein The committee therefore
think that the law proposed can not be
Justly asserted as unconstitutional by any,
and for this reason 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.
The matters being a proper subject
for legislation, the fitness of
the means proposed becomes the next sub
ject of consideration. Upon this we beg
leave to submit a few brief observations.
In all just governments, both public and
private rights must be defined and deter
h. he o1 20.
every idea of such a government, and is
characteristic distinction between
free and despotic systems, how
ever important it may be whether
one citizen or another shall be chosen
magistrate for period proposed upon 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. 1t is time that in every oper-
alton 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 re-
sist the act of the executive, the courts or
the legislature acting constitutionally and
lawfully within their sphere, would be to
set up an anarchy in place of the govern
ment. We think, then, that to provide
clear and lawful means of performing
the great and necessary functions of the
government in a time of much pub
lie dispute is of far create
Importance than the particular advantage
that any man or party may in the course of
events possibly obtain, but We have still en-
deavored to provide such lawful agencies of
decision in the present case as shall be the
most fair and impartial under the circum-
stances. Each branch of the legislature and
Judiciary is represented in the tribunal in
equal proportion. The composition of the
judicial part of the commission looks 10
selection from different parts of the republic
while it is thought to be free from any pre-
ponderance of supposable bias and addition
of necessary constituent part of
the whole. The commission, in order to
obtain an uneven number, is left to an
agency the farthest removed from prejudice
of any existing attainable one. Ii
would be difficult if not impossible, we
think, to establish tribunal that could be
less the subject of party criticism than such
a one. The principle of its constitution is
so fair that we are unable to Dreceive how
the most extreme partisan can assail it I'M
less he prefers to embark his wishes upon a
stormy sea Of unregulated proceedings, hot
disputes and dangerous results, that
can never be measured nor de
fined, rather than upon the fixed
and regular course of law that insures
peace and order of society. Whatever party
may be disappointed in its hopes, the unfor-
tunate circumstance that no provision had
been made on the subject before the election
has greatly added to the difficulties of the
committee in dealing with it, in as much as
many Of the people of the country, MEM
bers of the respective political par
UIll lrnk Will COL
ousy on any measure that seems to
involve even a possibility of the defeat OF
their Wishes but il has also led the commit
tee 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
and peaceful measure for exTicating the
question from the endorsements that at