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
It did not appear to them necessary to do this in order to win their
case. One single electoral vote from any one of the four "States," from
which double returns had been received, would elect Tilden and
Hendricks. It did not seem to them that the line between the powers of
the "States" and those of Congress over the election of the President
and Vice-President could under the existing facts be drawn anywhere
without giving them at least this one vote. If the returns as certified
to by the Governors and the "State" canvassing officer, officers, or
boards, of these four {293} "States" should be received and counted
they would have this one vote from Oregon. If, on the other hand, the
popular vote for the electors as it came into the hands of the "State"
canvassing officers or boards was to be received and counted, then they
would have the electoral votes of at least Louisiana, Florida, or South
Carolina, and perhaps of all of them. But the Republicans contended
that the line between "State" control and Congressional control was to
be drawn between the Governor's certification and the report of the
"State" canvassing officer, officers, or board to the Governor of the
result of the vote for the electors. The certification issued by the
Governor, they held, was ordered by Congressional law and was under
Congressional control, even when the "State" canvassing officer,
officers, or board should join with the Governor in the certification
of the persons chosen electors. The report of the vote for the electors
by the "State" canvassing officer, officers, or board to the Governor
was thus the final act under "State" control, was the final act in the
election of the electors. This was unquestionably sound constitutional
law. But it would give all the electoral votes from all four of the
"States," from which double returns had been received, to Hayes and
Wheeler, and would elect them by one vote.
[Sidenote: The decisions of the Commission.]
Public-domain text, read in full here on John Shaqi.
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