New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-19
THE JOINT COMMITTEES REPORT.
A s,JBJECT PROPER FOR CONGRESS- TO rREAT-A
FAIR COUNT MORE IMPORTANT THAN PARTY
TRIUMPH.
lcpNzpAL pRrss nIspArcuI

GENERAL PRESS DIsPiTcHI
WASHINGTON, JAN 1S-The following is the
report of Joint Committee OF tue senate and House,
The committee say they have considered the sub
ects named in said resolutions and have had full and
free conference with each other thereon, md row report
the ACCOMMODATING bill and recommend is passage The
sub 5tance OF the bill embraces
First Provisions FOR the meeting Of the two houses az
required by the Constitution and the declaration of the
result.
Second Provisions for the disposition OF the questions
arising in respect Of States from which only set Of
certificates has been received that each house shall
slider the question and shall only decide against vote by
concurrent Affirmative action
third Provisions for socalled double returns from
State that scb conflicting eturns and papers shall be
aubmttcd to the consideration Of commission com
nosed Of equal numbers Of OF the Senate and of
the House OF Representatives aud OF the supreme COr
Of the United States that the commission shall be
auzed and sworn and have power 10 consider and de
eide according 10 the Constitution and law what is the
constitutional vote Of the state in question. and that
such decigion shall govern the disposition OF the subject
unless both houses shall determine otherwise.
fourth II ia provided that the act shall not affect
either way question Of the right of resort TO the judi
dial courts of the United States by the concerned
Az claimants TO the offices i'll question:.
We have applied the utmost practicable study and de-
liberation 10 the subject, and believe that the bill now
p,rted il the best atanabe disposition Of the different
t,rnll
lecton II must obvious TO every person cOnversant
b the history Of the country and with the formation
md Interpretation Of the Constitution, that the wide
diversity OF and opinions touching the subject
mot wholly coucdent with the biased wishes OF the MEN,
hers of political parties, would naturally exist We nave
in this state Of affairs chosen therefore not to deal with
astract questions so far as they are necessarily
,,volved in the Il .slaton proposed. 1t is OF
plan 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 Con
truton REQUIRES that the electoral votes shall be
counted upon particular occasion. All will agree that
tho votes named in the Constitution the cOnstitu
ona votes Of the states and other, and when they
have been found and identified there is nothing left TO be
disuuted or decided All the rest is the mere clerical
r, of summing up the numbers, which being DONE the
Constitution itself declares the consequences This bin
ontv directed 20 asccraning for the purpose and III
IA t the counting what the constitutional votes Of
the rcspectye states and whatever jurisdiction exists
Cor aucb PURPOSES the bill only regulates the method OF
exercising 1t.
The Constitution our great instrument and security
f berty and order speaks IN the simplest language Tor
All such in whatever aspect they may Dc presented
II declares that the Congress shall have power TO make
all lava which shall be necessary and proper for carrying
int. execuon the foregoing powers and all other powers
vested by the Constitution IN the GoVerhheht Oh the
limited states or any department cGcer thereof srhe
committee therefore think that the law proposed cannot
be- Justly assaed as unconstitutional by any one For
tla reason we think it unnecessary whatever may DC
our own individual views. discuss any OF the theories
referred TO- Our fidelity to the Constitution Is observed
when we find the law recommend IS consistent
with that instrument
The matter being subject for legislation
the tness Of proposed becomes the next SUD
et OF consideration. Upon this We beg leave to submit
few brief observations In ali just governments Doth
public aud private rights must be defined and determined
by the law This essential 10 the very Idea OF Such
eoyernmopt and s the characteristic distinction between