There is no time for such an investigation
by Congress. It could only be done where a few precincts
or votes were in dispute, in places near the seat of Government.
It would have been impossible to do it in time for the inauguration
of the new President before the day of railroads and telegraphs
for any State in the country. It would be impossible now
to do it in parts of the country distant from the seat of
Government. The choice of electors takes place in November.
The result must be ascertained; the electors must meet; their
votes must be given; they must be certified to Congress; the
count must be made and result declared in Congress before
the 4th of March, a period of less than four months. If there
should be a contest made in each of the forty-five States,
an investigation might be demanded for every election precinct
in the country.
It seems to me clear that the power to judge of elections,
returns, and qualifications of presidential electors is not
given by the Constitution to the two Houses of Congress, or
either of them. The power which it was deemed necessary
carefully to express in regard to their own members, it could
hardly have been intended to bestow by implication from the
right to be present when the certificates are opened, or even
from the right to count the votes.
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