Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1877-01-25
COUNTING THE VOTES.


COUNTING THE VOTES.
The Joint Electoral Committees Report
to Congress-Text of the BnI Agrees
Upon.
The following is the report OF the commit
tees OF the Senate and House Of Represents
tives appointed under the several resolutions
Of those bodies to prepare and report such I
message ~ may be best calculated to accom-
plish the lawful counting of the electoral votes
and the best disposition of all questions con.
nected Herewith, and the due declaration oi
the result. The committe % say that they have
considered the subject named in said resolu.
tions, and have had full and free conference
with each other thereon. and now report the
accompanying bin and recommend its passage.
The report continues rs follows:
We have applied the utmost practicable
study and deIiberation to the subject, and be-
lieve that the bill now reported is the best
attainable disposition of the different prob
lens and disputed theories arising out Of the
late election. 1t must be obvious to every
person conversAnt with the history of the
country and with the formation and inter
probation Of the constitution, that di-
versity OF views and opinions touching the
subject, not wholly coincident with the bias or
wishes Of members of political parties, would
exist. We have in this state Of Affairs
chosen, therefore, not to deaf with abstract
questions save 20 far as they are necessarily
involved in the legislation proposed.
1t rs, 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
but we think that thelaw proposed
is Inconsistent with few of tho principal the
". 80
quires thai the electoral votes shall be counted
upon q particular occasion. All will agree that
the votes named in the constitution are con-
stitutionh votes Of tho States, and not other,
and when they have been found and identified
there is nothing left to be disputed or decided
All the rest Is mere clerical work Of summing
up numbers, which being done, the oonstitu-
ton itself declares the consequences. This
bill, then, IL 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 pur-
pose the bill only regulates the method Of exer-
cisiDgit The constitution, our great instrument
and security for liberty and order. speaks in the
Amplest language for all such cases, in whstever
aspect they may be presented II declares that
the Congress shall have power to make all laws
which shall be necesssry and proper for car
rying into execution tho foregoing powers,
and all other powers vested by the constitu-
tion IN tho Government of the United Statee,
or any department or officer thereof. The
committee therefore think that the law pro-
posed cannot be Justly assailed as unconstitu-
tlonal by any one, and for this reason we think
i unnecessary. vhatever may be our individual
views, to discuss any OF the theories referred
10. Our fidelity to tb, constitution is observed
when We find that the law we recommend is
consistent with that instrument
The matter then oeing proper subject for
legislation, the fitness OF the means proposed
becomes the next subject OF consideration.
Upon this we beg leave to submit few brief
Observations. In all Just governments both
public and private rights must be defined and
by the law. This Ia essential TO
the very idea Of such a government, and is a
distinction between free and des-
potic systems. However important it may be
whether one citizen or another shall
be Chief Magistrate for q period prescribed
upon the Just theories OF civil institutions,
i 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 o government of laws,
from the most trivial to the most important,
there VIII always be q possibility that the re-
suit reached will not bS the true one. The
executive officer msy not wisely perform bis
suty, tue courts may no. truly declare the law,
and the Legislative body may not enact the
best lsws, but in either case to resist the sct OF
the Executive, the courts, or the Legislature,
acung constitutionally and lawfully within
their sphere, would be to set mp anarchy in
place OF government We think, then. that to
provide clear and lawful means OF performing
. great and necessary function OF the Govern
ment in time Of much public dispute is OF far
greater importance than the particular sdvAn
tsse that any man or party may in the course
of events possibly obtain. But we have stil
endeavored to provide such lawful agencies OF
decision in the present case as shall be the
most fair and impartial possible under the cir
cumetances. Each Of the branches of the
Legislature and the judiciary are represented in
the tribunal IN equal proportions. The ccmpo-
sition OF the judicial part OF the commission
looks to selection from differen. parts Of the
republic, willie il is thought to be free from
any preponderance of suppoeable bias, end the
addition Of the necessary constituent part OF
the whole commission in order to obtain M
uneven numbes is left TO an agency the fur
thest removed from prejudice Of any existing
obtainable ono. 1t would be difficult IL not
We think, to establish q tribunal
ttat could bs less the subject of party criti-
cisms than such one- The principle of it's
Is 90 absolutely fair that We are
unable to perceive how the most extreme par
tIsan can ssail it unless he prefs rs to embark
his wishes uoon the stormy sea OF un.egulated
procedure, hot disputes, and dangerous results
that can peitLer be measured nor defined,
rather than upon the fixed and regular course
Of law that insures peace and the order of 30
ciety, whatever party may be disappointed
in its hopes. The unfortunate cir
that no provision had been
made on the subject before election has
greatly added 20 the difficulties Of the com
mittees in dealing with 1t, inasmuch as many of
the people OF the country, members Of the re-
sptctive political parties. will. perhaps, look
With jealousy upon aDy measure that seems to
involve even the possibility Of the defeat OF
their wishes, but IL has also led the committees
to feel that their members are bound by the
highest duty in such u case TO let no bias or
party feeling stand in the way Of a just, equal,
and peaceful measure for extricating the ques-
ticn from the embarrassments that at preseut
surround it.
In conclusion, we respectfully bog leave to
impress upon Conrgess tue necessity Of speedy
determination upon this subject. II is impos-
sioie to estimate the material loss the country
daily sustalns from tho existing state of un-
certainty. IL directly and pog.rfully tends TO
unsettle and paraiyze business, TO weaken pub
iic and private credit, and to create apprehen-
sons In the minds OF the people that disturb
the peaceful tenor OF their ways and happiness.
II does far more. /. tends to bring republican
institutions into discredit and to create doutts
Of the euccess Of our form Of government aud
Of the perpetuity Of the republic. Ali con-
siderations of interest of patriotism,
and OF justice unite in demanding Of
the iaw-msklng power measure that will
Drlng peace and prosperity to the country. and
snow that our republican institutions are
tquai 70 any emergency. And in this connec-
lion We cannot restrain from the expression OF
our satisfaction that your committees, com
posed of equal numbers of opposing parties,
have fortunately been able to do what has
been attempted in vain observation-disclosures
agree upon the plan considered
BY them all 70 be just wise, and eff ,ient. We
recommend tho proposed act 10
he patriotic and just judgment OF Congress-.
GEo. f. EDMUSDs,
y. L. FRELIsaHUYsES,
RoscoK CoSKLNa,
A. q. THURMAN,
I. Y. BAYAHD,
NJ. w. RANSOM
Senate Committee.
II. B. PAYNE,
EZRA HUSToH,
ADRIAN 3. HEWITT.
VIM. NJ. SPRINGER,
GEo. w. McCRARy,
GEu. 4. HoAR,
GRO WILLARD,
House Committee.
Senator Morton Il the only member Of the
committee who did not sign the report
fUIL TExr or THE BILL
The following Is tho full text OF the bill
agreed upon by the joint committee |:
bfLL 20 provide for and regulate the counting Of
votes for President aud Vice President, and
the decision OF questions arising thereon for the