The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-01-20
THE COUNT OF THE VOTE.
Plas Agreed Upon ny the Committees
Of Congress.
a Court OF Arbitration Including
rive supreme Court Judges.
High ana Patriotic Motives of the
Oornsr1ssse In SDoing rhcir work.
fspscial TO the st. Louis Times


Is modification of the bill of 1901,
having five supreme court judges
in the tribunal instead of one as then.
The prevalent belief is that the bill will
20 through. Many Democrats tonight
say they will vote tor itas a matter OF
expediency. and accompany their votes
with protest against the measure as be-
ing wrong in principle. The argument
of MIR. Hewitt and all the New Y orkers,
except Mr.. Willis, who oppose the bill
in toto, Is that this measure
affords means Of obviating civil
war. That ii the Democrats
oppose it as party they will give the Re-
publicans an opportunity to accuse them
OF desire to provoke war. Moreover,
the Democrats are all confident that the
adoption OF this plan means the election
of Tilden, either upon the electoral vote
or by the house, and they are inclined to
accept 1t as the best thing that can be done
under all the circumstances. Republicans,
on the other hand, are respondent, for
very few of them have any faith in the
merits of their cause, or very little hope
of success, except by naked fraud and
open force, both Of which are placed out
OF the question by this bill.
1t is expected that Messrs. Edmunds.
Morton, Conkling, Blaine and Thurman
will be appointed by the senate. The
house members will be selected by the
caucus.
THE COMMITTEES REPORT.
WARRINGTON, ID. c., Jan. lS.-The fol-
lowing is the report of the committees Of
the senate and house of representatives
appointed under the several resolutions
of those bodies to prepare and report
such measures as may be best calculated
to accomplish the lawful counting of the
electoral votes, and the best disposition
OF all questions connected herewith and
the declaration of the result: The COM
mittee say that they have considered the
subject named in said resolution and have
had full and tree conference with each
other thereon, and now report the ac-
companying bill and recommend its pas
sage. We have applied the utmost prac-
ticable study and elaboration t" the sub
ject, and believe that the bill now re-
ported Is the best attainable DISPOSE
ton OF
THE DIFFERENT PROBLEMS
And disputed theories arising Out of the
lokn ala lo hui tr
every person conversant with the his
tory of the country, and with the forma
ton and Interpretation of the constitu
ton that a wide diversity OF opinioni
touching the subject not wholly coinci.
dent with the bias or wishes of members
of political parties, would naturally ex.
list. We have in this state Of affairs
chosen, therefore, not to deal with alb
stract questions, save SO far as they are
necessarily involved in the legislation
proposed. 1t is, Of course, plain that
the report of the bills implies that in our
opinion legislation may be had on the
subject in accordance with the consttu-
ton, but we think that the law proposed
is inconsistent with few OF the principal
theories on the subject.
The constitution requires that the cleo
toral votes shall he counted on particu.
lar occasion. All will agree that the
votes named in the constitution are the
constitutional votes of the states, and not
Others, and when they have been found
aud identified there Is nothing lett to be
disputed or decided. All the rest is
MERE CLERICAL WORK
OF summing up numbers, which being
done, the constitution itself declares the
consequences. This bill then is only d.
rected TO ascertaining for the purpose
and in aid Of counting what are the con-
sttutioHal votes OF the respective states,
and whatever jurisdiction exists for such
purposes, the bill only regulates the
method OF exercising it.
The constitution, which Is our great
instrument and surety tor liberty and
order, speaks in amplest language for all
such cases, in whatever aspect they may
be presented. Ii declares that congress
shall have power to make all laws which
shall be necessary and proper for carry
ing into execution the foregoing powers
ana ali other powers vested by the con-
stitution In the government of the
United States or any department or oiii-
Ger therein.
The committee therefore think that
Tie law proposed cannot be Justly as
sailed as unconstitutional by any, and
for this reason think it unnecessary,
whatever may be our individual views,
10 discuss any OF the theories referred to.
Our fidelity TO the constitution is OBJ
served when We find that the law we
recommend is consistent with that in.
strument. The matter being a proper
subject for legislation, the
FITNESS OF THE MEANS
Proposed becomes the next subject of
consideration. Upon this we beg leave
TO submit a few brief observations.
In all Just government both public and
private rights must be defined and deter
mined by the law. This Is essential to
every idea OF such government, and is
the characteristic distinction between the
free and despotic systems. However i'm.
portant 1t may be whether one citizen or
another shall be chosen magistrate for
period, proposed upon theories OF civil
institution. 1t is OF far greater moment
thst the Will OF the people, lawfully ex.
pressed IN the choice Of that officer, shall
pe Aseertained ndcarried into effect in
tam,ui way. II 10 time that In every op-
.Iauon " government OF laws from
the most trivial to the most Important
there will always be a possibilitv
that the result reached viii not he
the true one. The executive officer NAV
not wisely perform his duty. The courts
may not truly declare law, and the legis
lative body may not enact the best laws
but In either case to resist the act Of ths
executive, the courts, or the legislature
acting eonstitutionslly and lawful,
within their sphere. would be to set up Al