Explore "The Electoral Votes of 1876" by David Dudley Field on Textopian. Read with annotations and highlights.
is the remaining question. Hitherto, I have endeavored to state in a popular manner the existing law, as I understand it. I will now ask a consideration of the needs of future legislation. If there be anything obscure in the present law, Congress has the power to make it clear; if there be danger in our present condition, Congress can remove the danger. There are various ways of doing it.
One is to provide for a judicial committee of the two Houses, to sit in judgment, as if they were judges, and pronounce upon the result of the evidence. The English House of Commons used to reject or admit members, from considerations of party. Englishmen have thought that they had at last succeeded in establishing a tribunal which would decide with impartiality and justice. We should be able to devise means equally sure of arriving at a result just in itself, and satisfactory to all. The considerations in favor of a judicial committee of the two Houses are cogent, though they may not be conclusive. They are, the necessity of a speedy decision, and the desirableness of keeping, if possible, the ordinary courts out of contact with questions of the greatest political significance.