ld be had before the 4th of March, in order to avoid an
interregnum. But I think this difficulty could be overcome. To this
end, the time of the courts engaged in the case should be set apart
for it. The rival claimants would naturally be in Washington, prepared
for the investigation. The evidence previously taken by the two
Houses--for they would assuredly have taken it--could be used, with
the proper guards against hearsay testimony, and any additional
evidence necessary would probably be ready, if the claimants or their
friends knew beforehand that a trial was likely to be had. It might
indeed happen that the questions to be decided would involve little
dispute about facts; as, for example, the present Oregon case. It
should be provided that the trial must be concluded and judgment
pronounced within a certain number of days, either party being at
liberty to appeal, within twenty-four hours after the judgment, to the
Supreme Court of the United States, by which the appeal should be
heard and decided before the 4th day of March.
In case of a single declaration, and consequent induction into office,
an information might be filed in the Supreme Court of the District in
the names of the United States and the claimant, against the
incumbent, and proceedings carried on in the ordinary manner of
proceedings in the nature of _quo warranto_.
Any lawyer could readily frame a bill to embrace these several
provisions. An amendment of the Constitution would not be necessary.
The provisions would operate as a check upon fraud. They would furnish
a more certain means of establishing the right. The objection that the
courts would thus be brought into connection with politics is the only
objection. But the questions which they would be called upon to
decide, would be questions of law and fact, judicial in their
character, and kindred to those which the courts are every day called
upon to adjudge. The greatness of the station is only a greater reason
for judicial investigation. The dignity of the presidential office is
not accepted as a reason why the incumbent should not be impeached and
tried. It can be no more a reason why a usurper should not be ousted
and a rightful claimant admitted. The President is undoubtedly higher
in dignity and greater in power than the Governor of a State, but the
reasons why the title of a Governor should be subjected to judicial
scrutiny are of the same kind as those which go to show that the title
o
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