odged. The
danger of mistake or fraud is surely quite as great if the
final power be lodged in Congress, and the framers of the
Constitution acted in nothing more wisely than in removing
from Congress all power over the election of President.

There was never yet a political party in this country, or
in England, which decided ordinary election cases, except
in the clearest case, on other than party considerations. In
England and Canada it has been found necessary to commit to
the courts the consideration of election cases. It is seldom
that either House of Congress has resisted partisan temptation
in election cases, when one seat only was the prize of the
contest. Is it likely that public virtue would withstand
the temptation of the Presidency?

The simple doctrine on which the Commission proceeded was
that the right to determine absolutely and finally who are
the duly chosen presidential electors is committed by the
Constitution to the States. The judgment of the tribunal
established by the State for that purpose is conclusive on
all the world. Congress is only to count the votes of the
officials found by the State to have the right to cast them.

It is said that in the Oregon case the Commission departed
from this principle, which they had acted upon in the case
of South Carolina, Florida and Louisiana. But there is not
the slightest truth in that suggestion. In all of those
three cases the laws of the State had established a tribunal
with absolute right to determine all questions arising out of
the election. The tribunal had the right to reject votes, or
count votes, according as they found the votes to be lawful
or unlawful. They had the right to reject returns from election
precincts where they found there could have been no lawful
or orderly election by reason of violence, or where they found
the returns untrustworthy by reason of fraud. This power
they exercised, and from it there was no appeal.

On the other hand the laws of Oregon did not provide for
a board of State canvassers, but provided that the Secretary
of State should canvass the votes in the presence of the
Governor, and prepare duplicate lists thereof, which lists
should be singed by the Governor and Secretary. These lists,
certified by the Secretary, were before the Electoral Commission,
and disclosed the choice of Republican electors. The Governor,
however, undertook to declare his opinion of the result. That
opinion was that