This claim would never have arisen in any man's
mind before the days of railroads and telegraphs. Such investigations,
possible only to the most limited extent now, would have been
wholly impossible as to most of the States when the Constitution
was adopted.
It is asked, is there no remedy if the officers to whom the
States intrust the power of ascertaining and declaring the
result of the election act fraudulently or make mistakes?
The answer is that the Constitution of the United States
gives no jurisdiction to Congress, when the certificates are
opened and the votes are to be counted, to correct such mistakes
or frauds. A like question may be put as to every public
authority in which a final power of decision is lodged. The
danger of mistake or fraud is surely quite as great if the
final power be lodged in Congress, and the framers of the
Constitution acted in nothing more wisely than in removing
from Congress all power over the election of President.
There was never yet a political party in this country, or
in England, which decided ordinary election cases, except
in the clearest case, on other than party considerations.
Pages:
637
638
639
640
641
642
643
644
645
646
647
648
649
650
651
652
653
654
655
656
657
658
659
660
661