The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong CountField, David Dudley
History
The Electoral Votes of 1876: Who Should Count Them, What Should Be Counted, and the Remedy for a Wrong Count
Field, David Dudley
Presidents -- United States -- Election -- 1876
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
should 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_.
Public-domain text, read in full here on John Shaqi.
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