Year: 1877




WASHINGTON, D. c., Jan. 18.-The
following is the report of the Com.
mittee of the Senate and the House
of Representatives appointed under
the several resolutions of those bod
les to prepare and report such meas
ure as may be best calculated to ac-
complish the lawful counting of the
Electoral votes, and the best dispo-
sition of all questions connected
Herewith, and due declaration of the
result. The Committee say that they
have considered the subject named
in said resolutions, and have had full
and free conference with each other
thereon, and now report the accom-
panying bill and recommend its pas
sage. The Committee continue:


We have applied the utmost prac-
ticable study and deliberation to the
subject, and believe that the bin now
reported is the best attainable dis
position of the different problems
and disputed theories arising out of
the late election. 1t must be obyi-
Gus to every person conyersant with
the history of the country, and with
the formation and Interpretation of
the Constitution, that wide diver
sity of views and opinions touching
the subject not wholly coincident
with the bias or wishes of members
of political parties, would naturally
exist. We have, in this state Of af-
fairs, chosen therefore


NOT TO DEAL WITH THE 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 opin-
ion, legislation may be had on the
subject in accordance with the Con-
stitution, but we think that the law
proposed is inconsistent with a few
of the principal theories upon the
subject. The Constitution requires
tha5 the Electoral votes shall be
counted upon particular occasion
All will agree that the votes named
in the Constitution are the constiLu
tional votes Of the States, and NO
other, and when they have been
found and identified there is nothing
left to be disputed or decided. Ali
the rest is the mere clerical work OF
summing up numbers, which being
done, the Constitution itself declares
the consequences. The bill, than, is
only directed to ascertaining for the
purpose and in aid of counting what
are tue constitutional votes OF the
respective States, and whatever iq-
risdiction exists for such purposes
the bill only


REGULATES THE METHOD OF EXERCIs-


ING IT.


The Constitution, cur great instru-
meut and security for liberty and-or-
der, speaks in The amplest language
for all such cases, in whatever aspect
they may be presented. 1t declares
that the Congress snail have power
to make all laws which shall be nee
essary and proper for carrying 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 there
fore think that the law proposed can
not be justly assailed as un0onstitu.
tional by any one, and for this rea-
son we think it unnecessary, what
ever may be our individual views,
to discuss any of the theories refer
red to. Our fidelity to the Consti.
tuition is observed when we Gnd that
the law we recommend is con istent
with that instrument.


The matter then being u proper
subject for legislation, the fitness ol
the means proposed becomes the
next subject of consideration. Upon
this we beg leave to submit a few
brief observations In all just Gov.
ernments both public and private
rights must be defined and determin
ed by the law. This is essential te
the very idea of such q Government
and is the characteristic distinction
between free and despotic s. stems
However important 1t may be wheth
er one citizen or another shall be
the Chief Magistrate for period
preserved upon just theories of civil
institutions, it is of far greater mo
ment that the will of the people
lawfully expressed IN the choice o.
that officer, shall be ascertained and
carried into effect


IN A LAWFUL WAY.


1t is true that in every operation
of a government Of laws, from the
most trivial to the 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 courts may not truly DECLARE the
law. and the legislative body may
not enact the best laws; but in eth
er case, to resist the &C. of the Exc
cative; the Courts, or the Legisla
ture, acting constitutionally and lew
fully WitAin thsir ephere, would be
to set up anarchy In place OF govern
ment.


We think. then, that to provide
clear and lawful means of perform
ing tho great and necessary func
tions Of the Government in a time
Of much public dispute. is of fal
greater Importance than the particn
lar advantage that any man OF par
ty may In the course Of eVents pos
sibly obtain. But we have still en-
deavored to provide such Lawful
agencies Of decision in the present