dly deprived the majority
of the people of the fruits of an honest and lawful victory.
But, in general, wherever I go I find that intelligent men
of both parties are satisfied with the righteousness of the
decision, and admit that a different judgment would have wrought
the destruction of the Republic.
When the decision of the Electoral Commission was accepted
every Democratic vote in the two Houses was against it, and
every Republican vote, save two, given in its favor. Of these
two, one shortly afterward left the Republican party and became
a bitter and angry Democrat. The other, a most admirable
and excellent college president, told me that he thought the
Commission were technically right. But he thought it better
for the effect on the country that the Democratic contention
should be sustained. As if in a question of Constitutional
proceeding, or rather a question of Constitutional power,
a determination could be technically right, and wrong upon
the merits. If Congress, technically, that is according to
the mandate of the Constitution, had no power to decide the
result of the elections in the States, but that power was
committed to State tribunals, how was it possible that any
member of either House of Congress, who had sworn to support
the Constitution, could usurp that power without being forsworn?
Beside, it must be conceded by everybody to be utterly impossible
that the power of investigating disputed questions, as to
the choice of presidential electors by the States, should
be exercised by Congress. There is no time for such an investigation
by Congress. It could only be done where a few precincts
or votes were in dispute, in places near the seat of Government.
It would have been impossible to do it in time for the inauguration
of the new President before the day of railroads and telegraphs
for any State in the country. It would be impossible now
to do it in parts of the country distant from the seat of
Government. The choice of electors takes place in November.
The result must be ascertained; the electors must meet; their
votes must be given; they must be certified to Congress; the
count must be made and result declared in Congress before
the 4th of March, a period of less than four months. If there
should be a contest made in each of the forty-five States,
an investigation might be demanded for every election precinct
in the country.
It seems to me clear that the power to judge of elections,
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