The New York herald., 1877-01-19

be read by the tcers md the President of
the senate shall call Tor objections, any. Every OBJ
Jection snail he made In writing and shall state clearly
and ;onciseiy and without argument tho ground
thereof, and shall be signed by at least ono senator
ana one member OF the House OF Representatives be-
fore the same shall be received.
when all such objections made any cert iicaic,
ana read, all such certificates votes and papers so oh
Jccted 10 and all papers. accompanying tho same, to-
ge'her WIN such objections, shall be forthwith SUBJ
mtea 10 said commission, which shall proceed Ia con-
sldcr the same, with til. powers II any, pos
sessed Tor that purpose by the two houses acting sep
aracly or together and by majority OF votes decide
whether any aud what votes from such State are tho
votes PROVIDED Tor by the constitution OF the United
states ana how many ard what persons were duly an
pointed electors in sucn State and may therein take
into view such petitions. deposops and other papers
u any, AS shall by the constitution and now existing
law DO competent and pertinent IN such consideration
which decision shall be made writing, stating briefly
the ground thereof, and signed by the members oi
said commission agreeing therein whei cupon the Two
houses shaH again meet, and such decision shall he
read and entered ~ tho journal OF each House. and the
counting OF tho votes SINH proceed IA conformity
thercwlih, unless, upon objection made thereto In
writing br at least live senators and iyo members OF
the House OF Representatives The two houses shall
separately concur in ordering other~ se IN which
such concurrent order shall govern. No votes or
papers from any other State shall bc acted until
the objections previously made or papers
from any State shall have been finally disposed OIL
SEc B. That while the two houses shall be in meet
Ing, as provided In this act no debate shall be allowed
and no question shall be put by the prcsding officer
except 10 either house IA motion to withdraw, and
hc shall have power to preserve order.
upon objection that may have been made to the
counting OF electoral vote votes IRON any State
or upon objection To report ol SAID commission or
other qucstcn arising under this uc each senator
Representative may speak TO such objection or ques-
on ten minutes and not oftencr than once hut after
such debate shall have lasted two hours shall be the
duty OF zach house 10 put the main question without
further debate.
SIC s. That at such Joint meeting OF the two houses
seats shall be provided as ollows:-
For the President OF tho Senate tho Speakers chair
for the Speaker, Immediately upon his lett the sona-
inrs I'm .f.p ..f hall
presiding officer lor tho Representatives in the body
Of the hall not provided Tor the senators, TOR tho
ecrs Secretary OF the Senate and Clerk OF the House
of Representatives,, at the Clerks desk Tor the other
officers of the two houses, in front OF the Clerks desk
and upon each side OF the Speakers platform.
Such joint meeting shall not be dissolved until tho
count OF the electoral v0tcs shall bc completed and the
result declared, aud recess shall be taken unless
question shall have arisen regard to cOuntitg any
such votes therwsc under this act in which case
Il shall be competent Tor either house. acting sepa
ratey in the manner herein before provided TO direct
recess OF such house, not beyond the next day. sun
day excepted, at the hour OF ton O'Clock in the tore
noon aud while any question Is being considered by
said commission, either house may proceed with IT'S
legislative or Othcr business.
SEc d. That nothing In this act shall be held TO i'm
tn,o" oma s - nv
judicial courts OF the United States the right title Of
the person who shall be declared elected, who shall
claim TO be President or Vice President OF the United
States, " any such right exists
SIC. I. That said commission shall make ts own
rules keep record OF lis proceedings and shall have
power employ such persons may necessary Tor
the transaction OF its business and the execution OF
powers.
REMARKS OF THE COMMITTEE
The committee go on to say
We have applied the utmost practicable study and
delbcraton to the subject, and believe that the bill
reported Is the best altanabc OF tho
different problems and disputed theories arsng of
the late election 1t must be obvious every person
convcsant with the history Of The country and with
tho formation and Interpretation OF tho
that the wide diversity Of views and opinions touch pg
the subject, not wholly coincdent with the BIASED
teteh nf thn
would naturally exist We have. In this
state OF affairs, chosen, therefore, not TO
deal with abstract questions save SO far they
necessarily involved In the legislation proposed 1t is
OF course PLAIN that the report Of the bill implies that
In our opinion legislation may be had the subject
accordance with the constitution; but think that
tho law proposed Is inconsistent with lew OF tho
principal theories upon the subject The constitution
requires that electoral shall be counted upon
particular occasion. All VIII agree that the votes
named In the constitution tho constitutional votes
OF the States and no other and when they have been
be disputed decided. All the rest is the
mere clerical work of summing up the numbers, which
being DONE tho constitution itscif declares tho
auenccs. This bill then, Is only directed ascertain
ing tor the purpose, and ala OF tho counting, what
are the constitutional votes OF the respective States;
and whatever Jurisdiction exists for purposes tho
bill only regulates the method OF exercising II.
Tho constitution. our great instrument and security
for liberty and order. speaks in the plest
for all such Ia whatever aspect they may pre-
sentcd. II declares that the Congress shall have
power s'to make all laws which shall be necessary
and proper for carrying into execution tho ng
powers aud all Other powers vested by the
In the government Of tho United States or any de-
partment or officer thereof"
The committee. therefore, think that tho law pro.
posed cannot DO Justly assailed as onal by
whatever may be individual views, 10 discuss
any OF the theories referred to. Our hdeliiy tho
constitution Is observed when find that the law wo
recommend Is consistent with that instrument. Tho
matter then being proper subject for legislation tho
hicss OF tho means proposed becomes the next sub
jcct OF consideration Upon this we beg leave to sub
"A n n st N cr.fu
both public and private, rights must be defined and
determined by the law This Is essential to the very
idea OF such agovcrnmcnt and Is the characteristic dis
tincton between free and despotic systems However
important 1t may be whether citizen another
shall be the Chief Magistrate Tor period prescribed,
upon just theories OF civil institutions IL Is OF far
greater moment that the will of the people lawfully
expressed IN the choice OF that officer shall bc
taned aud carried INTO effect In lawful way II rs
true that in every operation of government OF laws,
from tn most trivial TO the most important, here will
always be the possibility that tho result reached will
not be the true ono. The executive officer may not
wisely perform his duty, the courts may not truly de-
clare the law and tn" legislative body may
the beat laws But In either to resist the the
Executive the courts or tho Legislature, acting const
tuonay and lawfully within their sphere, would TO
set up anarchy In the place OF government We think,
thcn that to provide clear and lawful means OF per-
forming great and necessary junction Of government
In time OF such public dispute s OF tar greater impor
tancc than tho particular advantage that any
party may In me course OF events possibly obtain.
But wc have stll cndcavored TO provide such lawful
agencies Of decision In the present shall be tho
stances Each OF the branches OF the Legislature and
the Judiciary arc reprcsented in the tribunal In
equal proportions. The composition OF the judi.
cal part OF tho commission looks TO a seicc-
ton IRON different parts OF tho Republic,
while u Is thought to be free from any
OF supposabIc bias and the addition Of tho necessary
constituent part Of the whole commission ia order 10
obtain an uneven number Is left TO an agency the
fartherest removed from prejudice OF any existing
tanabc ono 1t would DO difficult II not impossible,
we think, to establish tribunal that could be less tho
subject OF party criticism thsn such one The prin-
cipIo OF It's constitution Is absolutely fair wo
are unable to perceive how the most partisan
can assa IT, unless he wishes TO embark his wishes
upon tho stormy sea OF unrcEuiatcd procedure, hot
disputes and dangerous results that neither bo
measured nor denncd, rather than upon the nxcd and
regular OF law that peace the order
OF society, whatever party may be disappointed in us
hopes