The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1877-01-19

Of the Committee on Privileges, and Mr.
Knott addressed the House
In the course Of his argument Mr..
Knott declared that any attempt TO inte
fere with the Constitutional right Of the
House in regard TO counting the elector-
al votes would be treason.
Mr.. Knott having concluded, Mr..
Payne, chairman of the committee on
counting the electoral votes, made con-
current report of the two committees oi
the House and Senate, which he said had
been signed by the seven members Of the
House committee and by six out Of the
seven members of the Senate committee.
The report was then read.
The ReE ors.
Inc following Is the report Of the
Committees Of the Senate and the House
of Representatives appointed under sew
ersl resolutions of those bodies to prepare
and report such measure as may be best
calculated to accomplish the lawful count.
ing of the electoral votee, and the bes!
disposition of sll questions connected
Herewith, and the due declaration OF
the result. The Committee say
they have considered the sub-
ject named in said resolutions and
have had full conference with each other
thereon, and now report the accompany.
ing bill and recommend its passage. We
have applied the utmost practicable study
add deliberstion TO the subject, and be.
lieve that the bill now reported is the
best attainable disposition Of the different
problems and disputed theories arising
out Of the late election, snd 1t must be
obvious TO every person conversant
with the history of tho county and
with the formation and Interpretation
of the Constitution, that wide diversity
Of views and opinions, touching the sub
ject not wholly ooincident 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 in so
far as they are necessarily involved
in the legislation proposed. il
Is of course PLAIN that the report
of the bin implies that, in our opinion,
legislation may be hsd on the subject In
accordance with the constitution, but we
think the law proposed is inconsistent
with few of the principle
theories upon the subject. The
constitution requires that the cleo
torsl votes shall DO counted
upon Q particular occasion. AL
will agree that the votes named in the
Constitution are the constitutional votes
of the States, and no other, and when
they have been found and identified
there Is nothing left to be disputed or
decided. ALI the rest Is the mere clerical
work of summing up the numbers, which
being done, the Constitution itself d'.
clares the consequences. This bill, then,
is only directed to ascertain for the pur-
pose and in aid CT counting what are
the Constitutional votes Of the respective
States, and whstsver juridiction exists
for such purposes, the bill only regu-
lstes the method OF exercising It. The
Constitution, our great instru.
ment and security for liberty and order,
speaks IN the amplcst language for oil
such cases in whatever aspect they
may be presented. 1t declares that
Congress shall have power to make oil
laws which shall be necessary and pro-
per for carrying into execution the fore
going powers and sll other powers vest
ed by the Constitution in the govern
ment of the United States, or any depart
ment or officer thereof. The Com
mittee therefore think that the plan
proposed cannot be justly assailed ss
unconstitutional by any one, and for
this reason we think II unnecessary,
whstever may be our individual views,
70 discuss any Of the theories referred
to; our fidelity 70 the Constitution is ob
served when we find that the law We
is consistent with thst IN
strumsnt. The matter then being
q proper subject for legislation, the
fitness Of the means proposed
becomes next the subject OF considers-
tion. Upon this we be leave 10 submit
a few brief observations. In oil just
both public and private,
rights must beg defined and determined
by the law. This IL essential 70 every
idea Of such 9 govern nment and 10 char
acteristic between free and dsspotc
system: However important It may be.
whether one citizen or another
shall be chief magistrate for . p7riod
prescribed upon the JUS, theories OF our
civil ins,itusions. 1t Is Of tar greater
moment that the will o: the
people lawfully expressed in the
choice Of that officer, shall be
sscertained and carried into effect
in 9 lswful way 1t Ia true that in
every operation OF . governme OF laws,
from the most trivial 10 the most import
ant, there will always be 3 possibility
,hot the result reached will not be true
one. The executive officer may not
wisely perform bis duty. The courts
may MOI truly declare the law, ard the
legislative body may not enact the bes!
laws. but in either. case 70 restrict IN act
Of the executive the courts or the
Legislature acting Constitu!,obsiIy
and lawfully within their
sphere would be 70 set up anarchy 10 the
place OF the govern nent. We think,
then, that 70 provide cleas and lawful
means Of performing the great and
necessary fanctions q the goysrnnsot
in a time OF much public dbpate s o.
tar greater importance than any psriicu
lar Advantage thst ve may, 10
The course OF events, possibly obtain.
bot we have still sndssyorsd
70 provide such lawful agencies
Of decision In tbs present case I.
shall BE- the nosI fair and Impsrtis! one
po.sible under the circumstances. Each
Of Ii. branches Of legislature snd jg-
dietary are represented in The tribunal IN
equ.l proportions. The composition Of
,he iuiicisI par, Of the COMMITTEES look,
10 q selection from diferett parts Of the
repab,ic. while il il tbOught 1t will b.
free from any preponds snes ossappss-
bic bisx and The ,diiti u Of reSeesry
co rst.tuept part he shoie commission
in order TO OBTAIN sn uneven nonbes,
and il left 70 ~ agency the fsrtbsst re-
moved from prejudice II any eIistlng a.
tsinsbie one. Il ~ uld oe dIfhcalt II
no, impossible. ee think, 70 establish .
II cha, cosih he ie.s the ,Qk;sct Ot