Reconstruction and the Constitution, 1866-1876Burgess, John William
History
Reconstruction and the Constitution, 1866-1876
Burgess, John William
Reconstruction (U.S. history, 1865-1877); United States -- Politics and government -- 1865-1877
Both the Republicans and the Democrats were represented by most able
counsel before the Electoral Commission. William M. Evarts, Stanley
Matthews, E. W. Stoughton, and Samuel Shellabarger were pitted against
a formidable array both as to ability and numbers on the other side,
Judge J. S. Black, Matthew H. Carpenter, Charles O'Conor, J. A.
Campbell, Lyman Trumbull, Ashbel Green, Montgomery Blair, George
Hoadly, William C. Whitney, R. T. Merrick and A. P. Morse.
{292} [Sidenote: The Republican position.]
The Republicans took their stand at the outset upon the principle that
Congress could not go behind the returns of the "State" Canvassing
Board or officer, in counting the electoral vote from any "State." They
contended that in the election of the President and Vice-President, the
Constitution had separated the procedure into two distinct parts, and
had assigned the first part to the control of the several "States"
exclusively, and the second part to the control of Congress
exclusively; that up to the completion of the election of the electors
the exclusive control of the "States" respectively extended, but that
all control after that point had been reached was in Congress, and that
Congress had no power whatever, under the Constitution, to revise,
interfere with, or examine into, that part assigned by the Constitution
to the "States" respectively, and, on the other hand, that Congress was
bound to disregard any act of the "States," or of any of the officers
or agents of the "States," in that part assigned exclusively by the
Constitution to its own control. There is no question that this was all
sound constitutional law and that the Democrats would have to abandon
entirely their old "States'" rights doctrine and go over to the most
extreme nationalism in order to combat it.
[Sidenote: The Democratic position.]
Public-domain text, read in full here on John Shaqi.
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