The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1877-01-25

1
vide for Counting the Electoral Votes.
| The following is the report of the committe,
of the Senate and the House OF Representa-
tives appointed under the several resolution
OF those hodies to prepare and report sucl
measure as may be best calculated to accom-
plish the lawful counting Of the electora
votes, and the best disposition of all question:
connected Herewith, and due declaration o
the result. The committee say that they hav'
considered the subject named in said resolu
| tions, and have had full and and free confer
| ence with each other thereon, and now repor
the accompanying bill and recommend it,
passage. The committee continue:
We have applied the utmost practicable
study and deliheration to the subject, and be-
lieve that the bill now reported is the best
attainable disposition of the different problems
and disputed theories arising out of the late
election. It must be obvious to every person
conversant with the history of the country,
and with the formation and Interpretation OF
the constitution, that wide diversity of views
and opinions touching the subject not wholly
coincident with the bias or wishes Of members
of political parties would naturally exist. We
not to deal with the abstract questions. save
so far as they are necessarily involved in the
legislation proposed. It 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 par
hal
named in the constitution are the constitu-
tional votes Of the States, and no 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 sum-
ming up numbers, which, being DONE the con-
stitution itself declares the consequences. This
bill, then, is only directed to ascertaining for
the purpose and in aid of counting what are
the constitutional votes of the respective
States, and whatever jurisdiction exists for
such such pun poses the bill only regulates the
method Of exercising it,
The constitution, our great instrument asld
security for liberty and order, speaks in the
amplest language for all such cases, IN what
ever aspect they may be presented. It declares
that 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
any department or officer thereof. The COM
mittee therefore think that the law proposed
cannot be Justly assailed as unconstitutional
by any one, and for this reason we think it I'M
necessary, whatever may be our individual
views. to discuss any of the theories referred
to. Our fidelity to the constitution is OBJ
served when we find that the law we recon-
| mend is consistent with that instrument.
l. The matter then being proper subject for
:o1o o>@kh as cd
becomes the next subject 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
determined by the law. This is essential to
| the very idea Of such government, and is the
characteristic distinction between free and
despotic systems. However important it may
be whether one citizen Or another shall be the
Chief Magistrate for period prescribed upon
just theories 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
lawful way.
1t is true that in every operation of gov
ernment of laws, from the most trivial
to the most important, there will al
ways be a possibility that the result
reached will not be the true one. The
executive officer may not wisely perform his
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 Legisla-
ture, acting constitutionally and lawfully with
in their sphere, would be to set up anarchy in
| place Of government.
We think, then, that to provide clear and
lawful means of performing the great and nee
essary functions of the Government in time
of much public dispute, ia of far greater i'm
portance 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 un-
der the circumstances. Each of the
branches of the Legislature, and the
| judiciary are represented in the tribunal
in equal proportions. The composition
of the judicial part Of the commission
looks to selection from different parts of the
republic, while it is thought to be free from
any preponderance of supposable bias and the
addition of the necessary constituent part OF
the whole commission in order to obtain an
Uneven number is left to an agency the farth-
est removed from prejudice OF any existing at
tainable one. 1t would be difficult, if not iu.
| possible, we think to establish tribunal that
could be less the subject of party criticisms
than such a one. The principle Of its constitu-
ton lis so absolutely fair that we are unable
/
| to perceive how the most extreme partisan car
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 measured nor defined
rather than upon the fixed and regular course
of law that insures the peace and order OF
society, whatever party NAY be disappointed in
it's hopes. The unfortunate circumstance
that no provision had been made
on the subject before the election has greatly
added to the difficulties Of the committees in
dealing with it, inasmuch as many Of the peo-
pie of the country, members Of the respective
political parties, will perhaps look with jeal.
ousy upon any measure that seems to involve
even possibility of the defeat of their wishes
but it has also led the committees 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
embarrassments that at present surround it.
In consclusion, we respectfully beg leave tx
impress upon Congress the necessity OF speedy
determination upon this subject. 1t is impos
sible to estimate the material loss the country
daily sustains from the existing state OF uncer
tainty. 1t directly and powerfully tends tt
unstttle and paralyze business, to weaker