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
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
of a President of the United States should be subjected, upon
occasion, to a like scrutiny. The process was tried and found useful
in the Capitol of Wisconsin, and, for similar reasons, it may be tried
and found useful in the Capitol of the Union. So far from degrading
the office, or offending the people to whom the office belongs, it can
but help to make fraud less defiant and right more safe, and add a new
crown to the majesty of law. That triumph of peace and justice in
Wisconsin has, to the eye of reason, given an added glory to her
prairies and hills, and a brighter light to the waters of her shining
lakes.
APPENDIX.
_Observations of the Chief Justice Whiton, of Wisconsin, respecting
the force of a certificate of canvassers:_
Public-domain text, read in full here on John Shaqi.
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