Counting The Votes

The following is the report of the oommittees of. the Seuate and House of Representativos appointod under the several resolutions of those bodien to prepare and report euch a messago as may be best calculated to accomplish tho lawful counting of the electoral votes aud the best disposition of all qnestions conneoted tberewitb, and the due decfarRtion of the resalt. The committees say that they have conaidered the subject named in said resolutions, and have had full and free conference with each other therêon, and now report the accompanyiog bill and recommend its passage. The report oontinuee as follows : We have applied the utmost practicable study and deliberation to the subject, and believe that the bill now reported ia the best attamable ditposition of the different prob" lems and disputed theories arieing out of the late election. It must bo obvioua to every person oonversant with the hiBtory of the j country and with the formation and pretation of the constitution, that i fereity.of views and üpiniönn touchiug the subject, not wholly coincident witli the bias ür wishes of members of political parties, would naturally exist. We have in this státe oí aff airs chosen, therefore, not to rieai with abstract questions eave so far as they are necessarily involved in the legislatura proposed. It is. of course, plain that tho report of the bill implies that in our opinión legislation may be had on the subject in accordance with the constitution, but we think tbat thelaw preposei is inconsistent with a few of the principal theoties upon tho subject. The constitution re(Juires that, the electoral votes shall be counted upou a particular occasion. AJÍ will agree that tho votes Damed in the constitution are coustitutional votes of the States, and not other, an-1 when thty have been found and identined, there is nothing left to be disputed or decided. All tho rest ia mere clerical work of summing up numbera, which bëing done, the constitution itself declares tho conscquences. Thia bill, then, is only directed to asoertaining for the purpose and in aid of counting what are the constitutional votes of therespectivo States, and whatever jurisdiction exists for such purpoee the bill only regulates the method of exerciuiug it. The constitution, our great instrument and seourity for liberty and order, speaks in the amplest language for all such caies, in wliat6ver aspect they may be presented. It declares that the Congreas sbaJl have power to make all laws which sball be necesspry and proper for earrying into execution tho foregoing powera, and all other powers vested by the constitution in the Government of the Uuited States, or any department or officer thereof. The committee therefore think that the law proposod canuot be justly assailed as unconatitutional by any one, and for this reason we think it unneüceHary, Whatevef may boour individual views, to discuss any of the theories referred to. Our fidelitv to tfc.s constitutiou is observcd when we fiud that the law we recommend is consistent with that instrument. The matter then uemg a proper subject for legialation, the ñtness of the means proposed becomos the next subject of consideration. Upon this we fceg leave to submit a few brief observations. In all just governmentsboth public and private rights must be defined and determined by the "law. This is essential to the very idea of such a governmont, and is a characterietic distinotion between free and despotic systems. However important it may be be Chief Magistraté lor"a peíttííí'pttofl'i&U upon the just theorie of civil institutions, it is of far greater mom'ent that the will of the people lawfully expressed in the choice of that officer ahall be ascertained and carried iato effect in a lawful way. It 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 tho result reached will not be the true one. The executive officer may not wisely perform bis duty, the courta may not truly declare the law, and the legislativo body may not enaot the bestlawa. but in either case to reaist the ct of the Executive, the courts, or the Legislature, acting constitutionally and lawfully witlnn their sphere, would be to set üp anarchy in place of government. We think, then, that to próvido citar and lawful means of performing a great and necefieary function of the Goverumont in a time of much public dispute is of far greater impTtanee tuan the particular advantage that any man or party may in the course of evonts poasibly obtain. But we have fctill eudeavored to provide such lawful agenciea of decisión in the present case as shall be the most fair and impartial possible under the circuinstances. Each of " tho branches of the LegiBlature and the judiciary are represented ín tho tribunal in equal proportions. The compoaition of the judicial part of the commission looks to a selection from different parts of the republic, while it is thought to be free from any preponderanoe of suppoaable bia, and the addiüon of the necessary constituent part of the wholo commiasion in order to obtain an uneven number ia left to an agency the furthest remivea from prejudice of auy exiating obtainable one. It would be difficult, if uot impossible, we thiuk, to eatabliah a tribunal tbat could be leBS the aubject of party criticiams than such a one. The principia of its constitution íb so abaolutely fair that we are unable to perceive how the most t-xtreme partisan can aa.aü it unless he preftrsto embaak hia wishes upon the atormy aea of unregulatod procedure, hot disputes, and dangerous resulta ihat can neitLer be meaaured nor defioed, rather than upon the fixed and regular course of law that insures peaeo and the order of society, whatever party may be disappomted in ita hope3. The unfortunate circumstance that no provisión had been made on the subject before election has greatly aided to the dimsulties of the committees in dealinp; with it, inasmuchas many of the people of tbo country, members of the respective political partios, will, perhaps, look ffith jealouny upon aDV oieasur6 that seetns to involve even the poasibility of the defeat of their wiBhes, but it haa also ledthecornmittoes to feel that their mombera are bound by the highest duty in sucu a case to let no bias or party feeling fctand in the way of a juut, equal, and poaceful ineasure for oxtricating the queatioa frora tho embarrastinonta that at preueut aurround it. in conclusión, we reapectfully beg leave to impresa upon Conrgeaa the necessityof speedy determinatiou upon tuis tubject. It ia impoexiblo to ebtiraate the matoiial loss the country daüy eustaina from tho exieting atate of unceriainty. It dirtctly and poworfally tends to unsettle and paraljze bminess, to weaken public and privato credit, and to créate appreüensions in the minde of the peoplo that distnrb the peaceTul tenor of thcir waya and happinca?. It does far more. ïi tends to bring republican inHtitutions into diacredit and to cieate doultn of tho succesa of our f orm i Í governnient and of tho perpetuity of the republic. All oonBideratioua of interest, of patriotis-m, and of justice unite in demaudiiig of the law-making power a measure that will brinK peace and proaperity to the country, and show that our rcpublican ïnstitutionB are qual to any emergency. And in this conneetion we omuot restraiu from the expreaeion of our eatisfaction that your oommitteee, composod of equal numbers of opposing parties, have fortunately been ablo to do wliat bas been attempted in vain heretofore - almost unanimouJy agree upon the plan oonsidered by thera all to bo.jiiat, wi-)e, and eflicieut. We accordingly recoinmend the ptoposed act to the pitriotic and jaat judgment of Congrenss. Geo. F. Edmunds, F. T. lUELINOHUYSEN, EOBCOB CONKUKO, A. G. l'HUKMAN, T. F. BAYAKD, M. W. Eanhom, öenato Cominittac. H. B. Païne, El'PA HüNTON, Abium S. Hewitt, Wm. M. Speinokb, 0l!O. W. WCCHAHY, Geo. F. Hoar, Geo. Wiljaiid, House Committee. Senator Morton is the only member of the committee who did not ligu the report. FULIj TiCXT OF THE BILT.. The following ia the lull text of thebill Bgrecd upon by the i 'int committee: A'Hiu. tu próvido for and regiitate thn couutiog oí votes for President aud Vico Prosidont, anrt the dooiaion of questiona arisiug thereon for tbe term commune ug March 4, . D. 1877. lie il Enactedby the Señale and House of liepresenlalives of the WniteO, States of America, in Gongress Assembled, That the öenato and House of Repreaentativea shall meet in the hall of the House of RopreaentativcH at the hourof 1 o'olock, post meridian, on the firet Thuraday in February. A. D. 1877, and tho President of the Semite shall be the presidicg oilicer. Two tellers símil be previoualy appointed on the part of tho Senate and two on the part of the House of Representativos, to whom shiill bo h&ndedt aa they are opened by the Preaident Of the benate, all the certificat.es and papera pürprrting to bo eertiñcates of electoral vote; which certificates and papern shall be opened, presented, and acted npon in alphabetical order of the Ptatea, beginniog with "A,"and Baid tellers, having then read the ssme in the presence and hearing of the two houaes, shall make a list of vote as they ehull arpear f rom the Baid certiflcatea. and tho votes liaving been ascertained and counted. aa in this act provided, tbe reault of the same shall be delivered to the President of tho Sánate, who shall thereupoa announce the atate of the vote and the names of the persona (if any) elected. which aunouncement ehall be detmed a surficient declaration of persons elected President and Vioe Prrsident of the United 8tates. and, together with a list of the votes, be entored on the jouruala of the two hoiises. üpon euch reading of any such certifícate or paper, when there shall be only one return from a State, tho President of the Senate shall cali for objectiou, if any. Every objection shall be male in writing, and ahall atate Clearly and ooncleely and without argument tho ground thereof, and shall bo signed by at least one Senator and ono member 9f the liouae of Kopresentatives. When all objeotions 80 made to any vote or paper iroin any State shall have been received and read, tho Senate shall thereupon withdraw, and such objectiona shall bo submitted to the Senate for ita decisión, and the Speaker of the Houae of Representativos shall in iike manner submit such objoctions tothe Huuse of lUpreaentaüves for its deci.-ion, aud no electoral vote or votes from any State from which but one return has boen recaived hall bo excapted to except by the afirmativo vote of the two housen. When tho two houaeahave voted, they ehall immediately again moet, and the presiding oflicer shall then announce the decisión of the aueation snbmitted. Sec. 9. Thnt if more than one return or paper purpofting to bs th return from any State shall hava boen received by the Treaident of the Senate, purporting to bo certificates of I the electoral vates given at the laat preceding eloction for President and Vioe President in e&ch State, unless they ahall be duplicates of the eame return, all such returns and papers shall be oponed by him in the preaence of the two houees when met te aioroeaid, and read by tho tellers, and all auch returns and papers shall thereupoa be eubmitted to tho judijmont and decisión, as to which is the true and lawf ui electoral vote of such State, of a commicaiou constituted as followe, namely: During the seasion of such house onthnTuesday next preceding tho first ThursdayinFebruaiy, 1877, each house shall, by viva voce vote, appoiut five of its monibers, who, with five Associate Juaticea of the Supremo Court of the United States, to be aaoertamed as hereinafter provided, Bhall constitute a commission for the decisión of all queations upon or in respect of auch doublé returns aamed in thia aection. On Tueaday next preceding the firt Thursday in February, A. D. 1877, or as soon thereafter au inay be, the Aeaociato Justicea of the Supremo Coürt of the United Statee, now aseigned to the firat, Third, Eighth and Niath diatneta, ahall select, in such mauuer as a majority of them ahall deern flt, another of the Associate Justicia of eaid oourt, wbioh üve persons shall be membera of aaid commission, and the peraon longest in commiaaion of the aaid Juaticea aha 1 be Prtaident of aaid commisaion. Ttie membera of aaid commiasion ahall respectively take and subscribe to the foüowing oath : "I, , do aolemnly awear, or afíirm, aa the case may be, that 1 will impattially examine and consider aH queatious aubmitted to the comraission of whicu I am a member, and a true judgmeut give tboieon, agroeable to wmcrröïtii'Biis'n oefnJcv"(fiiïtJtA')ïJ!Li.Liy„'.' the Senato. When the commiasion ahall have been thua organized, it ahall not be in tho power of either houae to diaaolvö the aame or to withdraw any of its membors, but if any snc.h Senator or member ahall die, or become phyaically unable to perform the duties required by this act, tbe fact of such death er phyaical i'nability shall be by said oommieaioD, before it shall proceed further, communicated to the Senate or the House of Repreeentativos, as the case may bo, which body ahall immodiatoly and without debate proceed by viva voce vote to flll the place so Yacated, ana me peran so appomted shall take and subscribe to the oath hereinbeforo prescribed, and shall be.come a meinber oí Haid comonesiou; and in hke manner, ií any of tho aaid Justices of the Supremo Court shall die or become physically incapable of perforniing the duties required by thia act, the othors of said Juatices, mem bers of the said commisaion, sball immediately appoint anothor Juatice of said court a member of naid commission, and in such appoir.tments regard shall b9 had to impartiahty and f leedom from bias eonglit by the original appointments to duid commission, who ahall thereupon imtnediately take and subscriba to the oath hereinbefore subscribed. and become a member of said commission to flll the vacaney so occasioncd. All the certiücates and pai.eru purporting to be the certificatcs of the electoral votes of each State shall be opened in alphabetical order of the States, as provide.1 in section 1 of thia act, and wheu thcra Bhall be more than oue such certifícate or paper, as the certiücates and papers from such Statee, they shall be ' eo opined, and, exuepting the duplicates of tho same remming, thej shall be read by the tellers, and tbereupon tue President of ttieSenate ahall cali for objections, f any. Every objection shall be made in writing and hall atate clearly and conciaely and without argument the grouad theroof, and ahaü bo signed by at least ono Senator and one moinbtr of the House of Bepreseutitivea before the same stiall be recrived. V.'hen all suoli object'ons 80 made to any eertiñoate, vote, or paper from a State saall havo l;een received and read, all such oertiflcatee, vutos and papers so objeotcd to, and all papera accompanying tbe saaie, togetlier with sueh objectious, sball be forthwith aubmitted to tüe eaid commis}ioD, whieh shall pioeed to cousider the sanie, with the same powere, if any, now possesBed ior that purpose by tho two houses aoting sepurately or togetlier, and by a majority of vtt'.a decide wbether any aud what vutoa frem ouch Htatts are the votes provided for by tUo constitution of the UniteJ States, and uow inany and what pereons were duly appoiuted electora in uch State, and may luereiii take hito view aucli petitious. deposition-, and otlier paper, if any, aa aball by tilo oonstitudon an i uow-existing law be competent and pfrtinent in Buch 'coDsideration, whicli deciBion ahall be made in writiug, s'.ating brieily tho ground thereof, and signed by the members of eaid comoiiBeion agreeing theroin ; whereupon the two houses sli all again meet, aud euch decisión sball bo read and entered in the j ournal of each honso, and the counting of the votes shali proceed in oomforaiity therowitb, unlees, upon obieolion made thereto in writiag by at least five Seuatora and flve Members of the House of Representativos, th two houses Bhall Benarate y concur in ordering otborwisp, in wtiicu case such ooncurrentorcirmnan govern; no votei or papers irom any other Stato shall be aced upon until the objections provioualy made to the votes or papara f rom one Btate shall have beon fmally diep wed of. Sec. 3. That whüe the two Houses ahall be In meetins as provided in this act, no debato Bhall be allowed, aud no question shail be put by the presiding ofticer to either House exoept on a motion to withdraw, and l.e shall have oowor to preserve order. Sec. 4. That when the two houses separate to decido upon an objectiou that may have been made to the counting of any electoral vote Or vo' es irom any State, or upon objection to a report of the said commission, or other question nrising undev this act, each Sonator and Kopreaentative may speak to Buch übitction or quenticn ten minutes, and uot oftener thau once, but aftov such debite shall have lasted two hourB it shall be the duly of each houHe to put the maiurfiuegtion without f urther debate. Skc 5. ïtiat at such joint meeting of the two housen seats shall bo provided au follows : For the President of the Senate, the Speaker s ckair ; for the Speaker, immcdiately on bia the Senators in the body of tho hall, upoñ the right o( the prediding ofiicer; for the Kopresentatives in the body of the hall not provided for the Senator; for the tellers, Secret arv of tho ncnate: and Clei kof the House oí Representativos, at the Clerk'a de-k; for other ofticera of the two houses, in front of the Oleik's deek and upon eách sido of the Speak :i' ph t'orm. Sueh joint meeting shall not hü diaeolved unt.il the count of tlie electoral votes sball bo completed and the result declared, and no recesa ehall be taken utiless a qnestion shall have ari-ien in regard to counting auy sncti votes, or otherwise, un' der this act, in whioh caie it. shall be coinpetoiit for either house, aoting separately, in the mannor hereinbefore proTided, to direct a recesa of enen house not boyond the next day, Sunday excepted, at the hour of 18 o'olock ir. tlie forenoon, and while tlie quostiou is beiug considered by aaid commission, either house may proceed with its legislativo or other busiU68S. Sec. 6. That nothing in this act shidl bo held to impair or affect any right now exiating under tlio oonetitiition and laws to queetion, by proceedings in the judicial courts of the United Statee, the right or title of the person who shall be declared elected, or who shall claim tobe President or Vice President of the United States, if any such right existe. Sec. 7. That aaid commiesion hall mako ita own rules, keep a rscord of its proceedinge, and shall have power to employ such persona au may be necesaary for the transaotion of Hb business and the execution of its powers.