The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1877-01-31

cepted), at the hour Of 10 o'clock in the
forenoon. And while any question is be-
ing considered by said commission, either
house NAV proceed with its legislative or
other business.
''SEC. 6. That nothing in this act shall
be held to impair or effect any right now
existing under the Constitution and laws
to question by proceeding in the Judicial
Courts of the United States, the right or
title of the person who shall be declared
elected, or who shall claim to be Presi-
dent or Vice-President OF the United
States, il any such rights exists.
"SEc. 7. That said commission shall
make it's own rules. keep a record Of its
proceedings, as may be necessary for the
transaction Of its business and the exe>
cution of its powers"
THE REPORT.
Tie following is the report Of the COM
mittees Of the Senate and House of Rep
resentatives, appointed under the several
resolutions Of those bodies, to prepare
and report such measures "a may be best
calculated to accomplish the lawful
counting Of the electoral votes and the
disposition Of all questions connected
herewith, and the declaration of the re-
suit. The committees say that they
hav: considered the subject named in the
said resolutions, and have had full and
free conference with each other thereon,
and now report the accompanying bill,
and recommend its passage: We have
applied the utmost practicable study and
deliberation to the subject, and believe
that the bill now reported is the best at
tainable disposition of the different prob
lens and divided theories arising out Of
the late election. 1t must be obvious to
every person conversant with the histO-
ry of the country, and With the forma-
ton and Interpretation of the Constitu-
ton, that a wide diversity of opinion
touching tie subject, not wholly co;nci-
dent with the bias o. wishes Of mem
bers Of political parties, would natural
ly exist. 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 bill implies that, in our
opinion, legislation may be had on the
subject in accordance with the Constitu-
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 be counted on a particu-
lar occasion. All will agree that votes
named in the Constitution are the eonsti.
tutional votes Of the States, and not 9TH
ers, and when they have been found and
identified, there is nothing 'lel to be dis
puted or decided. All the rest is the
mere clerical work of summing up the
members, which being done, the Consti-
tuition itself declares the consequence
This bill, then, is only directed to ascer-
tanning for the purposes and in aid of the
counting what are the constitutional
votes OF the respective States and, what
ever jurisdiction exists for such purposes
the bill only regulates the method of ex.
ercising it. The Constitution, our greaI
instrument and surety for liberty and or
der, speaks in the amplest language FOL
all such cases, in whatever aspects they
may be presented. 1t declares that Con-
gress shall have power to make all lawi
which shall be necessary and proper fol
carrying into execution the foregoing
powers vested by the Constitution in thu
Government of the United States. or AM
department or officer therein. The com
miItees. therefore, think that the Law
proposed can not be justly assailed a
unconstitutional by any, and for thi
reason think it unnecessary, whateye
may be our individual views, to discus
any Of the theories referred to. Our fl
deity to the Constitution is observe,
when we find that the law we recon
mend is consistent with that instrument
The matter being proper subject 10
legislation, the fitness OF the means pro
posed becomes the next subject Of con
sideration. Upon this we beg leave t
submit few brief observations. In al
just governments both public and privat
rights must be defined and determined b
the law. This is essential to every ide
of such a government, and is the char
acteristic distinction between free and de
spotic systems. However important
be whether one citizen or another shal
, be chosen magistrate for period pre-
posed, upon theories Of civil institution
q it is of far greater moment that the wi
of the people lawfully expressed in th
choice of that officer shall be ascertaine
' and carried into effect in a lawful wa
l. 1t is true that in every operation of
e Government Of laws, from the most in
# portant, there will always be pOssibiliI
that the result reached will not be ii
o true one. The executive officer may n,
d wisely perform his duty. The cour
l. may not truly declare the laws, and Il
: legislative body may not enact the be