Buchanan County bulletin. [volume] (Independence, Iowa) 1869-1891, 1877-01-26
DENCE, IOWA, FRIDAY, JANUARY g. 1877
THE PRESIDENCY.
Full Report Of the Joint Committee to
Devise Plan for Counting the
Electoral Vote.


WAsHINGToN, Jan. le.-The fol.
luwing is the report of the commit
tees of the Senate and House of Rep
resentatives appointed under the sew
eral resolutions of those bodies to
prepare and report such measure
rs may be be bes, calculated to ac-
complish the lawful counting of the
electoral votes, and the best disposi-
ton of all questions connected there
with and due declaration OF the re-
suit.
The committees say they have
considered the subject named in the
resolutions, and have had full and
free conference with each other
thereon, and now report the accom-.
panying bill, and recommend its pas
sage.
We have applied the most practl-
cable study to the subject, and be-
lleve the bill now reported is the best
attainable disposition Of the different
problems and disputed theories aris.
ing out Of the late election. 1t must
be obvious to every person CONVEX
SAINT with the history OF the country
and with the formation and interpre-
tation of the Constitution that wide
diversity of views and opinions
touching the subject, not wholly CO.
incident with the bias or wishes OF
members of political parties, would
naturally exist. We have, in this
state OF affairs, chosen therefore not
to deal with abstract questions, save
50 tar as they are necessarily involv-
ed III the legislation proposed. 1t is
Of course plain that the report Of the
bill implies that, III our opinion, leg
islalion may be had OH the subject
in accordance with the Constitution.
But we think that the law proposed
is inconsistent with but few Of the
principal theories upon the subject.
The Constitution requires that the
electoral votes shall be counted upon
Il particular occasion. All will agree
that the votes named in the Consti-
tuition are constitutional votes Of the
States, and not other, and when they
have been found and identified there
is nothing left to be disputed or de-
cided. All the rest is the mere cler-
ical work of summing up numbers,
which being done, the Constitution
itself declares the consequences.
THIS bill, then, is only directed to
ascertaining, ior the purpose and N
aid of counting what are the Consti-
tutional votes OF the respective
States, and whatever jurisdiction ex-
lists tor such purposes the bill only
regulates the method OF exercising
i. The Constitution, our great i'll
strunent and security for liberty and
order, speaks i'll the amplestlanguage
tor all such cases, i'll whatever aspect
they may te presented. 1t declares
that the Congress shall have power
to make all laws necessary and prop
er for carrying into execution the
foregoing powers, and all other pow
ers vested 10y the Constitution in the
Government of the United States, or
any department or officer thereof
The committee therefore think that
the law proposed cannot be justly as
sailed as unconstitutional by any one,
! and for this reason we think it un-
necessary, whatever may be our in
dlvidual 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 matter then being proper sub
ject for Legislation, the fitness of the
means proposed becomes the next
subject of consideration.
Under this we beg leave to submit
few brief observations. In all just
governments both public and private
rights must be defined and dctermin-
ed by the law. This Is essential to
the very idea of such Il government,
and is characteristic distinction be-
tween free and despotic systems.-
How ever important 1t may be wheth-
cr one citizen or another shall be
Chief Magistrate for period pre-
soribeI upon just theories Of civil i'll
stitulions, it is Of far greater moment
that the will of the people lawfully
expressed in the choice of that office,
shall be ascertained and carried into
effect III lawful way. 1t is true that
every operation by a government OF
the laws, from the most trivial to the
most important, there will always be
Il possibility that tho result reached
will not be Il true one. The execu-
tive officer may not wiselypertorm his
duty, the courts may not truly de-
clare the law, and the legislative
body may not enact the hest law,
but III either case to resist the act of
the executive, ,he courts, or the leg
islature, acting constilutionally and
lawfully within their sphere, would
be to set up anarchy Ill place of gov
ernment.
We think, then, that to provide
clear and lawful means of perform
ing the great and necessary function
ot the government in time of much
public dispute is of far greater i'm
portance than the particular advan-
tagc that any man or party may in
the course Of events possibly obtain.
But we have still endeavored to pro-
vide such lawful agencies OF decision
i'll the present case IN shall be the
most talr and impartial possible un-
der the circumstances. Each of the
branches Of the legislature and ju
dietary are represented i'll the tribun-
4. i'll equal proportions.
The composition Of the judicial
part of the commission looks to a Sc
lection from different parts of the re-
public, while it is thought to be free
from amy preponderence of supposable
ble bias, aud the addition of the nee
e.sary constituent part of the whole
commission in order to obtain an uIi'
even number is lett to an agency the
tarthest removed from prejudice OF
any existing a,tainablc one. 1t
would be difficult if not impossible
we think, to establish tribunal that
could be less the subject OF party
criticism than such Il one.
The principle OF its constitution il
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