FREE BOOKS

Author's List




PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   >>  
ld be had before the 4th of March, in order to avoid an interregnum. But I think this difficulty could be overcome. To this end, the time of the courts engaged in the case should be set apart for it. The rival claimants would naturally be in Washington, prepared for the investigation. The evidence previously taken by the two Houses--for they would assuredly have taken it--could be used, with the proper guards against hearsay testimony, and any additional evidence necessary would probably be ready, if the claimants or their friends knew beforehand that a trial was likely to be had. It might indeed happen that the questions to be decided would involve little dispute about facts; as, for example, the present Oregon case. It should be provided that the trial must be concluded and judgment pronounced within a certain number of days, either party being at liberty to appeal, within twenty-four hours after the judgment, to the Supreme Court of the United States, by which the appeal should be heard and decided before the 4th day of March. In case of a single declaration, and consequent induction into office, an information might be filed in the Supreme Court of the District in the names of the United States and the claimant, against the incumbent, and proceedings carried on in the ordinary manner of proceedings in the nature of _quo warranto_. 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 o
PREV.   NEXT  
|<   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   >>  



Top keywords:

judicial

 

reason

 

questions

 
courts
 

claimant

 

office

 

proceedings

 
dignity
 

incumbent

 

provisions


greater

 

decided

 
objection
 

appeal

 

judgment

 
Supreme
 

States

 

called

 

United

 

claimants


investigation
 

evidence

 
Governor
 

scrutiny

 

subjected

 

operate

 

Constitution

 

amendment

 
accepted
 

presidential


warranto
 

nature

 

lawyer

 

embrace

 
readily
 

station

 

undoubtedly

 

President

 
decide
 

higher


adjudge

 

admitted

 

rightful

 

usurper

 
kindred
 

character

 

manner

 

greatness

 
reasons
 

furnish