Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-01-31
COUNTING THE ELECTORAL
VOTE.

! GUN IINU HE ELECIOH1L
VOTE
January lS, 1877. Recommend to
the Select Committee on Counting the
Electoral Votes for President and Vice
President, and ordered to be printed.
Mr.. Payne, from the Select Commit.
tee on Counting the Electoral Votes
for President and Vice President, sub
mitted the following report =
ITO accompany bill II. r. 44S4,l
The Committees Of the Senate and House
Of Representatives., appointed under The
following several resolutions
HOUSE RESOLUTION.
| WHEREAS, There are differences Of opinion as
TO the proper mode Of counting the electoral vote
for President and Vice President, aud as to the
manner Of determining questions that may arise
rs TO the legality and validity Of returns made Of
such votes by tho several States
AND WHEREAS, 1t is Of the utmost Importance
that all differences Of opinion and all doubt and
uncertpinty upon these questions should be re-
moved, to the end therefore that the votes may be
counted and the result be declared by 4 tribunal
cision all will accept as final Therefore
Rtsoired That a committee Of seven members
Of this House be appointed by the Speaker, to aet
in conjunction with ans similar committee that
may be appointed by the Senate, to prepare and
report without delay such measure, either legis-
latve or constitutional, as may In their judgment
be best calculated to accomplish the desired end,
and that said committee have leave to report at
any time,
SENATE RESOLUTION.
Rssolrsd, That the message Of the House Of Rep
rescntatves on the subject OF the Presidential
election be referred to a select committee Of seven
Senators, with power to prepare and report, with
out unnecessary delay, such a measure, either Of
a legislative or other character, as may, in their
Judgment, best calculated to accomplish the
lawful counting Of the electoral votes, and best
disposition Of all questions connected Herewith,
and the due declaration Of the result and that
said committee have power to confer and act with
the committee of the House Of Representatives
named in said message, and to report by bill or
otherwise.
Ordered, That the Secretary notify the House
Of Representatives herewith.
Beg ledue 10 report 10 their respective
Houses
That they have considered the sub
ject named in said resolutions, and have
had full and free conference with each
other thereon, and now report the ac-
companying bill, and recommend its
passage
The substance of the bill embraces
First, Provisions aor the meeting of
the two Houses, as required by the
Constitution and the general course of
proceeding, and the declaration of the
result.
Second Provisions fol- the disposition
OF questions arising in respect Of States
from which on ly one set Of certificates
has been received that each House
shall consider the question, and shall
only decide against vote by concur
rent affirmative action.
Third. Provisions forso.called double
returns from State that such con.
ficting returns and papers shall be
to the consideration of a com.
mission, composed of equal numbers Of
the members Of the Senate, and of the |
House Of Representatives, and of the
Supreme Court Of the United States
that this commission shall be organized |
and sworn, and have power TO consider
and decide according to the Constitu-
tion and law what is the constitutional
vote of the State in question and that
such decision shall govern the disposi.
tion of the subject, unless both Houses
shall determine otherwise.
Fourth. 1t is provided that the act
shall not affect, either way, the ques-
tlon of the right OF resort to the Judi
cial Courts of the United States by the
persons concerned as claimants to the
offices in question.
We have applied the utmost practi-
cable study and deliberation to the sub
ject, and believe that the bill now re.
ported is the best attainable disposition
of the difficult problems and disputed
theories arising out OF the late election. |
II must 5e obvious to every person con-
versant with the country and with the |
formation and Interpretation of the
Constitution, that wide diversity OF |
views and opinions touching the sub
ject, not wholly coincident with the
bias or wishes OF the members of poliii-
cal parties, would naturally exist, We
have in this state Of things chosen,
therefore, not TO deal with abstract
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 Constitution,
but we think that the law proposed is
with few Of the principal
theories on the subject. The Constitu-
ton requires that the electoral votes
shall be counted on particular occa-
sion. All will agree that the votes
named in the Constitution are the con-
stitutional votes of the States, and not
other; and when they have been found
aud identified, there is nothing left TO
be disputed or decided-all the rest is
the mere clerical work of summing up
the numbers which being done, the
Constitution itself declares the conse.
quence. This bill, then, Is only directed
to ascertaining, Tor the purpose and in
aid Of the counting, what are the con.
votes of the respective
States and whatever jurisdiction cx-
lists for such purpose, the bill only
regulates the method of exercising ii.
The Constitution, our great instru-
mcnt 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
the Congress shall have power "to
make all laws which shall be necessary
and proper Tor carrying into execution
the foregoing powers, and all other
powers vested by this Constitution in
the Governmc. t Of the United States,
orin any department or officer thereof
The committee therefore think the
proposed bill cannot be justly assailed
as unconstitutional by any one, and for
this reason we think ii unnecessary,
whatever may be our individual views,
to discuss any Of the theories referred
to. Our fidelity TO the Constitution is
observed when wo find that the law
we recommend is consistent with that
instrument
The matter, then, being q proper
subject Tor legislation, the fitness of the
means proposed becomes the next sub.
iect of consideration. Upon this we
beg leave 10 submit few brief otserva-
tions.
In oil just Governments both public
and nrivafe riohts must he daft nod and