The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-01-19
~ TELEGRAPH.
: ASSOCIATED PRESS REPORT.
TO THE DAILY LNTELLIGENCER.
CONGRESS.
Interesting Proceedings in Both
Branches.
Probable Solution of tho Electoral
Problem.
Report Of the Special Committee on
Counting tho Electoral Vote.
HOUSE.
WAsiflNOTON, january Is

! proceed 10 inc COUAlucThtlON Ol Inc TcSOs
luton reported last Friday from the Com.
millce on Privileges and Duties of the
House in COnnting the electoral votes, or
to that Of the compromise plan proposed,
the Republicans lavorinG the latter and
the Democrats the former. Finally the
vote by yeas and nays was taken, and re-
suited in yeas I'll and nays 81 in favor Of
proceeding with the resolution reported
by Mr.. Knott, Chairman Qi the Commit
tee on Privileges, nc.
In the course Of his argument Mr..
Knott declared that any attempt to in.
terlerc with the constitutional right Of
the llousC in regard to counting the elcc,
toral votes would he treason. lie in.
dulged in little sarcasm at the expense
Of the President, and intimatCd that his
construction Of his duty in the premises
was to strip the frontier and crowd the
Capital with troops. In conclusion, he
said: Relieving that this House has
high power and absolute duty to perform
in regard TO counting tho electoral vatr5
for President and Vice President, in nv
humble Judgment, any attempt on the
part Of any man or body Of men,
Executive legislative or ministerial,
to coerce this House to count the
vote, which in its judgement is invalid
or void, OF 10 CocrCe this House to throw
ont vote which in its judgement is legal
and valid, or to interfere in any manner
whatever with the peaceful discharge OF
lis constitutional functions in this high
regard, would he an utter subycrsion Of
our Constitutional Government, and il
accompanied by an armed force would
be treason TO the United States Of
America. ApplausC on the Democratic
side and in the galleries.
Mr.. Knott having concluded, Mr..
Payne, chairman Of the committee on
counting the electoral vote, made a cor.
current report Of the two committees Of
the House and Senate, and which lie said
had been signed by the seven mCmbers Of
the House committee and by six out Of
the Fcven members Of the Senate commit
tee. The report was then read.
MIR. Burchnrd, member of the cont
mittcc, offered on behalf of four RepuhIi.
can members OF the committee, the fol
lowing as a substitute for the resolutions
by the committee:
ReSOIrcd, Thatit is the power and duty
of the House, con. jointly withIhc Senate,
TO provide by law or any other Con.
stituiional method made for fairly and
truly aSCertaining and properly counting
the electoral vote Of each State 20 as to
give effect to the choice OF each State in
the election OF \ President and Vice
President.
RcsOirId, In the absence Of legislative
provisions on the subject, or aulhorila.
tive direction from the Senate and House,
the President OF the Senate on opening
the certificates, declares and counts the
electoral votes for President and Vice
President Of the United States.
WHAT THE COMMITTEE SAY.
The Committees of the Senate ami
House, inrcporting their measure for the
lawful counting OF the electoral vote, and
for the disposition Of questions connect.
ed Herewith say they have considered the
subject named in said resolution, and
have had full and free conference with
each other thereon, and now report the
accompanying bill and recommend its
passage, We have applied our utmost
practicable study and deliberation to the
subject, and believe that the bill now re.
ported is the best attainabIe disposition
Of the different problems and disputed
theories arising out of the late election.
We have chosen not TO deal with abstract
questions, save 30 far as they are neces.
sarily involved in the legislation propos.
ed. We think thela proposed is in
consistent with but few Of the principal
theories upon the subject.
The Constitution requires that the
electoral votes shall he counted upon Il
particular occasion. All will agree that
the votes named in the Constitution are
the Constitutional votes Of the States and
;. none 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 vote, which being done, the ConsIitn.
tson itself declares the consequences.
This bill, then, is only directed to ascer-
tanning what are the Constitutional votes
of the respective States, and whatever
Jurisdiction exists for such purposes, the
bill only regulates the method Of cxer-
cising il. The Constitution declares that
Congress shall have power TO make all
laws which shall be necessary and proper
for carrying into execution the iOregO.
ing powers and all otEcr powers vested By
the Constitution, in the Gnvcrnment o(
the United States, or any department or
officer thereof. The Committee there
fore, think that the law proposed cannot
be justly assailcd NJ unconstitutional by
any one Fidelity TO the Constitution il
observed when We find that the law We
recommend is consistent with that instru.
ment. The matter then beinga proper sub
eCt for legislation, the fitness of the means
proposed, becomes the subject OF cOnsid-
GRAFTON.
However important it may be whether
one citizen or another shall be Chief Mag.
istrate for a period prescribed, upon the
just theories Of civil institutions, il is Of
lar greater moment that tho will Of the
people, lawfully expressed in the choice
Of that officer, shall he ascertaincd and
carried into effect in lawful way. 1t is
true that IN every operation Of govern.
ment Of laws, from the most trivial 10
the most important, there will always be
a possibility that the result reached will
not he 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 Executive, the courts
or the legislature, acting consiitutionally
and lawfully within their sphere, would
he to set up an anarchy in place Of
government. We think, then, to provide
clear ami lawful means for performing
this great and necessary function of the
Government in time Of much public
dispute, is Of far greater Importance than
the particular advantage that any man
may in the course of events
possibly obtain, but we have sill
endeavored to provide such lawlul
agencies OF decision in the present case
as shall be the most faE and impertiM
possible under the circumstances. Each
Of the branches Of the Legislature and
judiciary are represented in the tribunal
in equal proportions; the composition Of
j the Judicial part OF the commission looks