The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1877-01-25
THE ELECTORAL QUESTION.
A Plan Proposed by the Joint Commit.
tee for Settlement.

4 IcC 1UT d SCLLkcucul.
The report of the joint committee ap-
pointed by the Senate and House of
Representatives to devise a plan for
counting the electoral votes was submit
ted to Congress on Thursday last. The
report is accompanied by bill to regu-
late the count and secure the decision of
questions arising thereon. These docu-
lnents were presented in the Senate by
Mr.. Edmunds, and in the House of Rep
resentatives by Mr.. Payne. The report
is signed by thirteen members of the
committee-Senator Morton alone dis
senting. In presenting the report to the
Senate, Senator Edmunds, of Vermont,
said:
II am directed, Mr.. President, by the
select committee raised under the resolu-
ton of the Senate, on the subject of
counting of the Electoral vote, to submit
report in writing, with an accompany
ing bill. The report is signed, | am
happy to say, by all the members of both
committees, lit being report in form,
Joint and several, to the two houses, with
one exception; and all that wish to say
on this occasion, after stating that we
shall desire to take it up at the earliest
possible day, as time is running very fast,
possibly, and, I hope, indeed, On Satur-
day, the day after tomorrow, but certain
ly on Monday, to press it to determina-
ton in some form steadily from that time
forth. 1 only wish to say, in addition,
that the committee are of opinion that
the measure we recommend is not, as it
is called, compromise, in any sense of
the term, but is measure of justice in
aid of the exercise of constitutional gov
ernment, and that in no sense of the
term will anybody have just right to
say that anybody's opinion or view has
been surrendered in any substantial re-
spect. 1t is not measure of policy or
contrivance, but measure of constitu-
tional justice for the preservation of the
peace and order of government"
REMARKS OF THE COMMITTEE.
We have applied the utmost practical
BILE study and deliberation 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 the wide diversity of
views and opinions touching the subject,
not wholly coincident with the BIASED
wishes of the members of political par
ties, would naturally exist. We have, in
this state of affairs, chosen, therefore,
not to deal with abstract questions save
so far as they are necessarily involved in
the legislation proposed. tits, 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 constitution; but we think the law
proposed is inconsistent with few of the
principal theories upon the subject. The
constitution requires that the electoral
votes shall be counted upon particular
occasion. All will agree that the votes
named in the constitution are the consti-
tutional votes of the State and no other,
and when they have been found and
identified there is nothing left to be dis
puted or decided. All the rest is the
mere clerical work of summing up the
numbers, which being done, the constitu-
ton itself declares the consequences.
This bill, then, is only directed to ascer-
tanning for the purpose, 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 great instrument
and security for liberty and order, speaks
in the amplest language for all such cases
in whatever aspect they may be presen-
ted. 1t declares that the Congress shall
have power "to make all laws which
shall be necessary and proper for carry
ing into execution the foregoing powers
and all other powers vested by the con-
stitution in the government of the United
States, or any department or officer
thereof"
The committee, therefore, think that
the law proposed cannot be justly assailed
as unconstitutional by any one. For
this reason we think it unnecessary,
whatever may be our own individual
views, to discuss any of the theories re-
ferred to. Our fidelity to the constitution
is observed when we find that the law we
recommend is consistent with that instru-
ment. The matter then being a proper
subject for legislation, the fitness Of the
means proposed becomes the next sub
iect 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-
termined by the law. This is essential
to the very idea of such government,
and is the characteristic distinction be-
tween free and despotic systems. How
ever important it may be whether one
citizen or another shall be the Chief
Magistrate for period prescribed, upon
Just theories of civil institutions it 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 a govern
ment of laws, from the most trivial to
the most important, there will always be
the possibility that the result reached
will not be true one. The executive
officer may not wisely perform his duty,
the courts may not truly declare the law,
and the legislative body may not enact
the best laws. But in either case to re-
sist the act of the Executive, the Courts
or the Legislature, acting constitutionally
and lawfully within their sphere, would
be to set up anarchy in the place of gov
ernment. We think, then, that to pro-
vide clear and lawful m ans of perform
ing a great and necessary function of
government in time of such public dis
pute is of far greater importance than
the particular advantage that any man or
party may in the course of events posi-.
bly, obtain. But we have still endeavored
to provide such lawful agencies of decis-
ion in the present case MS shall be the
most fair and impartial possible under
the circumstances. Each of the branches
of the Legislature and the Judiciary are
represented in the tribunal in equal pro-
portions. The composition of the judi
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