Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1877-01-24
Report OF the Congressional Joint
Electoral Committee.
WASHINGTON. Jan. 10.


mittee Of the Senate and the House Of
Representatives appointed under the seves-
al resolutions of those bodies to prepare
and report such measure as may be best
calculated to accomplish the lawful count
ing CT The Electoral votes, and the best
disposition Of all questions connected
therewitli, and due declaration of the re-
suit. The committee say that they have
considered the subject named in said reso-
lutions, and have had full and free con-
ference with each other thereon, and now
report the accompanying bill and recon-
mend its passage. The committee con-
tinue:
We have applied the utmost practicable
study and deiberation to the subject and be-
leyc that the bill now reported is the best at
tanltblc disposition Of the different prot Sems
and disputed theories arising out Of the late
election. 1t must be obvious to every person
eonycrsant with the history OF the country,
and with the formation and Interpretation Of
the Constitution, that wide diversity OF
views ard opinions touching the subject not
wholly cOincdcnt with the bias or wishes or
mcmtcrs Of political parties, would natural
" exist. We have In this state OF affairs
chosen therefore not to deal with the abb
stract questions, save SO far as they are
necessarily involved in The legislation pro-
posed. II 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 few Of the principal theories upon the
subject The Constitution requires that the
Electoral votes shall be counted upon par
ticulur occasion. All will agree that the
votes named in the Constitution are the con
stiiutional votes Of The States, and no other,
and when they have been found and identi-
he'd there Is nothing left TO be disputed or
decided. All the rest Is the mere clerical
work Of summing lp numbers, which, being
done, the Constitution itself declares the
consequences. This bill, then, is only di.
rcctcd to asccrtaining for the purpose and
In aid OF counting what are the c''nstitu-
tiOnal votes OF the respective States, and
whatever jurisdiction exists for such pur-
poses the bill ony regulates the method OF
exercising 1t.
! hr Constitution, our great instrument
aud security for liberty aud order, speaks In
the amplest language for all such cases, in
whatever aspect they may bc presented. 1t
declares that the Congress shall have power
to make all laws which shall be necessary
aud 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 officer
thereof The committee therefore think that
the law proposed cannot be Justly assallcd as
unconstitutional by anyone, 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 consistent with that
instrument,
The matter then being proper subject for
legislation, the fitness OF the means pro-
posed becomes the next subject Of consider
alton. Upon this we beg leave to submit a
few brief observations: In all just Govern
mcnts both public ard private rights must
be defined and determined by the law. This
is essential TO the very idea of such a
Government, and is the characteristic dis
tiuction between free aud dcspoiic systems.
However important 1t may be whether one
citizen or another shall be the Chief Magis-
trate for period preserved upon just the
cries Of civil Institutions, Ii is of far greater
moment that the viii of the people, lawfully
expressed IN the choice Of that officer. shah
be ascertaincd and carried into effect in a
lawful way,
II Is true that In every operation Of
government OF laws, from the most trivial to
the most Important, there Will always be u
possibility hat the result reached will not be
the true one. The Executive officer may not
wisely perform his duty; the Courts may not
q
body may not enact the best laws; but, in
either ease, 10 resist the act Of he FNccu-
tive, the Courts or the Legislature, acting
eoustitutionally aud lawfully within their
sphere, would he TO set up anarchy in place
Of government
We think, then, that TO provide clear and
lawful means of performing the. great and
necessary functions Of the Government in a
time of much public dispute Is VI far greater
Importance than the particular advantage
that any man or party may in the course Of
events possibly obtain. But we have still
eudcayorcd 10 provide such lawful agencies
OF decision IN the present case rs shall be
the most fair and impartial possible under
the circumstances, Each of the branches uf
the Legislature and the Judiciary arc repre-.
scented In the tribunal In equal proportions.
The composition of the judicial part of the
commission looks To Il selection from DIFF
ferrut parts OF the Republic, while IL
is thought To hc free from any pre-
ponduanCc Of supposable bias and the addi-
ton of the necessary constituent part OF the
whole commission in order to obtain an un.
even number Is left 10 an agency the farthcst
removed from prejudice Of any existing at.
tainahlc one. II would be difficult, il not
impossible, We think, to establish tribunal
that could be less the subject of party crti.
cisms than such one. The principle of
its constitution is so absolutely fair that We
are unable 10 perceive how the most extreme
partisan can asSail 1t, unless he prefers To
embark his wishes upon the stormy sea of
uurcgulatcd procedure, hot disputes and
dangerous results that can neither he meas
urcd nor defined, rather than upon
the fixed and regular course of law
that ipsures the peace and order Of
society, whatever party may be diSap
pointed In its hopes. The unfortunate
circumstance that no provision had been
made on the subject before the election has
greatly added to the difficulties Of the com.
mitteVs In dealing with II, inaSmuCh as many
OF the nennle " The country. mcmhcrs nf the