River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1877-01-25
THE PRESIDENCY.
A Plan for the Amicable Adjustment OF the
Controversy.

NAV be DeSL cdlculltcu 10 accomplish
the lawful counting of electoral votes.
and the best disposition of all questions
connected Herewith, and due declar-
atisn of result. The commissioners say
that they have considered the subject
named in said resolution, and have
had full and free conference with
each other thereon, and now report
the accompanying bill, and recon-
mend its passage. We have applied
the utmost practicable study and de-
liberation to the subject, and believe
that the bill now reported is the best
attainable disposition of the different
problems 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 Interpretation
of the constitution, that wide diversi-
ty of views and opinions touching
the subject, not wholly coincident
with the bias or wishes of members
of the political parties, would naturally
exist. We have in this state of af-
fairs chosen. therefore, not to
deal with abstract questions, save
so far as they are necessarily involved
in the legislation proposed. It is of
course, plain that the report of a bill
| implies that in our opinion legislation
may be had on the subject in accord
ance with the constitution, but we think
! that the law proposed is Inconsistent
with few of the principal theories upon
| the subject. The constitution requires
| that the electoral votes shall be count
ed upon a particular occasion. All
will agree that the votes named in the
constitution are the constitutional
votes of the State and not others, and
when they have been found and ident-
/ flied there is - ming left to be disput-
ed or decit al All the rest is the
mere Clerical work of summing up the
numbers, which, being done, the con-
Stitution itself declares the cont
/ sequences. The bill then is only
directed to aScertaining for that
purpose and in the aid of counting
what are the constitutional votes of
the respective States, and whatever
jurisdiction exists for such purposes,
the bill only regulates the method OF
exercising it. The constitution, the
only great instrument and security for
liberty and order, speaks in amplest
language for all such cases, in whatev-
er aspect they may be presented. 1t
declares that the Congress shall have
power to make all laws which shall be
necessary and proper for carrying into
execution the foregoing powers and all
other powers vested by the cOnstitu-
ton in the government of the United
States. or any department or officer
thereof. The committee therefore
think that the law proposed cannot be
Z Justly assaiicd as unconstitutional by
any one, and for this reason we think
it unnecessary, whatever may be our
individual views, to discuss any of the
theories referred to. Our fidelity to
the constitution is observed when we
find that the law we recommend is cor
sistent with that instrument. The
matter then being 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 de-
teTmined by the law. This is essen
tial to the very idea of such Il govern
ment, and is the Characteristic dis
tinctiOn between free and deSpOtic sys-
tens. However important it may be
whether one citizen or another shall
be Chief Magistrate for period pre-
scribed, upon the just theories of civil
institutions, it is of far greater mo-
ment that the will of the people, law
fully expressed in the choice of that
officer, shall be asceTtained and carried
into effect in lawful way.
1t is true that in every operation of a
l. .
trivial to of most important, there
will always be a possibility that the
result reached will not be the true one.
The executive officer may not wisely
perform his duty. The court may not
truly decide the law, and the Legisla-
ture may not enact the best law; but
in either case to resist the act of the
Executive, the Courts or the Legisla-
lure acting cOnstitutionally and law
fully within their sphere, would be to
set up anarchy in place of government.
We think, then, that to provide clear
and lawful means of performing this
great and necessary function of the
government in time of much public
dispute, is of far greater Importance
than the particular advantage that any
man or party may, in the course of
events, possibly obtain but we have
still endeavOred to provide such law
full agencies of decision in the present
case as shall be the
MOST FAIR AND IMPARTIAL
possible under the circumstances.
Each of the branches of the Legisla-
ture and tie judiciary are represented
in the tribunal in equal proportions.
The composition of the judicial part of
the commission looks to Il selection
from different parts of the Republic,
while it is thought to be free from
any prepOndeTance of supposable bias,
and the addition of the necessary con-
stituent part of the whole Commission,
in order to obtain an uneven number.
is left to an agency the farthest re-
moved from prejudice from any exist
ing allowable one.
1t would be difficult, if not impossi-
BILE, we think, to establish a tribunal
that could be less he subj ect of party
criticism than such one. The prin-
ciple of its construction is so absolute
" fair that we are unable to perceive
how the mos5 extreme partisan can as
sail it, unless he prefers to embark his
wishes upon the stormy sea of unregu-
lated procedure, hot disputes and dan
gerous results, that can neither be
measured nor defined, rather than upon
fixed and regular course of law, that
ensures the peace and order of society,
whatever parry may be disappointed
in its hopes. The unfortunate circum-
stance that no provision bad been made
on the subject before the election. has
greatly added to the difficulties of the
committees in dealing with It-such rs
that many of the people of the coun-
try, members of the respective Politi-
cal parties, will perhaps look with zeal
ousy on any measure that seems TO in
yolve even the probability of the de-
feat of their wishes; but it has also
led the committees to feel that their