tate in a
popular manner the existing law, as I understand it. I will now ask a
consideration of the needs of future legislation. If there be anything
obscure in the present law, Congress has the power to make it clear;
if there be danger in our present condition, Congress can remove the
danger. There are various ways of doing it.

One is to provide for a judicial committee of the two Houses, to sit
in judgment, as if they were judges, and pronounce upon the result of
the evidence. The English House of Commons used to reject or admit
members, from considerations of party. Englishmen have thought that
they had at last succeeded in establishing a tribunal which would
decide with impartiality and justice. We should be able to devise
means equally sure of arriving at a result just in itself, and
satisfactory to all. The considerations in favor of a judicial
committee of the two Houses are cogent, though they may not be
conclusive. They are, the necessity of a speedy decision, and the
desirableness of keeping, if possible, the ordinary courts out of
contact with questions of the greatest political significance.

But if it be found impossible to agree upon the formation of such a
committee, then a resort to the courts should certainly be had. The
public conscience must be satisfied that the person sitting in our
highest seat of magistracy is there by a just title; and it can be
satisfied of that, in doubtful cases, only by a judicial inquiry.

An act of Congress might provide either for the case of a double
declaration of the votes, one by each House of Congress, or of a
single declaration by the two Houses acting in concert. In either case
the Supreme Court could be reached only by appeal, and the court of
first instance might be either the Supreme Court of the District of
Columbia or any of the Circuit Courts. The Court of the District
should seem to be the most convenient, the most speedy, and the most
appropriate, as being at the seat of Government.

For the case of a double declaration it might be provided, that if,
upon the counting of the votes the Senate should find one person
elected and the House another, an information should be immediately
filed in the Supreme Court of the District, in the name of United
States, against both the persons thus designated, alleging the fact,
and calling upon each to sustain his title. The difficulty of this
process would be how to expedite the proceedings so that a decision
shou