The Jeffersonian. [volume] (Stroudsburg, Pa.) 1853-1911, 1877-01-25
REPORT OF THE JOINT COMMITTEE

pllSh the lawful counting OF the Electoral
vote: The committee say that they have
considered the subjects named in the reso-
lutions and have had full and free confer
ence with each thereon, and now report
the bill and recommend its passage Con-
tinuing they say
We have applied the utmost practicable
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 touch
ing the subject, not wholly coincident with
the biased wishes Of the members of politi-
cal parties, would naturally exist We
have in this state of affairs chosen, there
fore, 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 inconsistent with a 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 constitu-
tional votes of the States, and no other,
and when they have been found and identi-
.l - loIt l., .,1
decided. All the rest is the mere clerical
work Of summing up the numbers, which
being done the Constitution itself declares
the consequences. This bill, then, is only
directed to ascertaining, for the purpose
and in aid Of the 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, our
great instrument and security for liberty
and order, speaks in the amplest language
for all such cases, in whatever respect they
may be presented. 1t declares that the
Congress shall have power "to make al
laws which shall be necessary and proper
for carrying into execution the foregoing
powers, and all other powers vested by the
Constitution 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, what
ever may be our own 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 consistent with that instrument. The
matter then being a proper subject for
legislation, the fitness Of the means pro-
posed becomes the next subject of fconsidera-
ton. Upon this, We beg leave to submit
few brief observations.
FITNESS OF THE PROPOSED METHOD.
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 a government, and
is the characteristic distinction between
free and despotic systems However i'm
portant it may be whether one citizen or
another shall be the chief magistrate for
the period prescribed upon just theories
Of civil institutions, it is of far greater
moment that the will of the people, law
fully expressed in the choice of that office,
shall be ascertained and carried into effect
in a lawful way. 1t is true that in every
operation of government Of laws form the
most trivial to the most important, there
will always be the possibility that the result
reached will not be the 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 |
resist 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 eff govern
ment. We think, then, that to provide
clear and lawful means of performing
great and necessary function of Govern |
ment in time of much public dispute, is
of far CRATER Importance than the particular
advantage that any man or party may in
the course of events possibly obtain. Bat,
we have still endeayored TO provide such
lawful agencies of decision in the present
case as shall be the most fair and impartial
of the branches Of the Legislature and the
judiciary are represented in the tribunal
in equal proportions. The composition of
the judicial part Of the commission looks to
a selection from different parts of the Re |
public, while it is thought to be free from
any prepondcrance OF supposable bias and
the addition Of the necessary constituent
part of the whole commission in order to
obtain an uneven number is left to an
agency the furthest removed from prejudice
of any existing attainable one. 1t would |
be difficult, if not impossible, we think, to
establish a tribunal that could be less the
subject of party criticism than such a one
The principle of its constitution is so
absolutely fair that we are unable to pre-
ceive how the most extreme partisan can
assail it, unless he wishes to embark his
hopes upon tho stormy sea of unregulated