It is a power which it
is utterly impracticable for Congress to exercise between
the time when the certificates are brought officially to its
knowledge, and the time when it must be determined who has
been chosen President. Indeed, the distinguished counsel
who closed the case for the Tilden electors* conceded this
difficulty, to which his only answer was the suggestion that
such an inquiry, like the right to the writ of _quo warranto,_
must be limited by discretion; in other words, that the two
Houses may go as far into the inquiry, who were duly chosen
electors in any State, as they in their discretion think fit,
or as time will permit.
[Footnote]
* Mr. Charles O'Connor.
[End of Footnote]
The statement of this position seems to be its refutation.
We are now discussing a question of jurisdiction. In whom
is the power to determine who have been appointed electors
--in Congress or in the State? It was gravely answered that
it is in Congress when the State to be investigated is near
the seat of Government, or the inquiry to a few election precincts
only, but it is to be left to the State in other cases; that
Congress may exert a power of inquiry into an election in
Delaware which is impossible as to California, or may inquire
into one election district in New York, but cannot into twenty
or a hundred.
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