The New York herald., 1877-02-17

viously made most powerful argument showing that
the Louisiana law Of 1872 repealed all those existing
statutes relative to the appointment OF Presidential
electors and that there was left no power 10 n
vacancies in tho Electoral College He had ex.
amined carefully the Louisiana laws bearing on
the subject and declared that any other con-
cIusion than this was absolutely untenabie Judge
Bradley. however, maintained that the Election law OF
1858 not repealed by the act of 1872 and there
tore that the appointment OF Levssee and Brewster TO
tho vacancies caused by their inegiblity was
tirey valid He held that inasmuch as tho testimony
offered did not show that they held office on the
day Of their appointment to Gil such vacancies
IL amounted to nothing. He held the action OF the
Returning Board to bc final ana not reversible.
SENATOR MoRrox's GROUND OF ACTION.
Senator Morton spoke first aud stood firmly on the
ground taken by Mr. Evarts yesterday that notwitn-
standing fraud any other Objectionable facts that
might lie Derdu back Of the the Stutes certn.
cation was sacred from the meddlcsomeness OF Con-
gress or It's delegated commission He spoke with his
usual carncstness.
SENATOR rHURNAS's SPEECH
Senator Thurman Is represented to have made the
abest argument ofe his whole life in behalf OF the
right OF the commission 20 OF the suspicious
decision OF the Returning Board. His speech, for
which he was congratulated by his opponents in the
committee room, reviewed at length the election laws
OF louisiana and he claimed that the Returning Board
should have compiled the returns as made by tho
Commissioners OF Elections every precinct instead
Of the tabuated reports OF tho Supervisors of Regsra
tion. This they did, however. IN NO instance. Ho
argued that the self pcrpeuatng power OF the Return
ing Board unconstitutional; the failure Of the
Board to MI the vacancy by appointing its fifth
Der he declared to be fatal to the validity Of action
and he adduced authorities In proof OF this
position.
MIR. Garfield and Mr. Hoar followed on tho republi-
can side with arguments against going back OF tho
turns, which did not vary from those presented by
Judge Stanley Matthews and Mr. Stoughton In open
session They took the simple ground and stuck to IT,
that 1t unconstitutional, impoltic and revolution
to explore into tho Of tho State ccrtacatsR
BAyARD's ARGUMENT.
Senator Bayard's speech, which consumed one
hour and half OF tho time, is said by OF the
judges to have ranged powerfully tho whole sub
ject II was strenuous and eloquent appeal for the
right in avoidance Of technicality and was so CON-
prehensive that 1t relieved other democratic members
OF tho commission from presenting extended argu-
mcnts.
SENATOR xDxUNDs' ARGUMENT.
The next speech was made by Senator Edmunds.
and forcblc legal argument against troubling
the returns During its delivery he subjected to
frequent inquiries by the Judges ana responded 70
them with lucille celebrity. Judge Abbott and Mr.
Hunton then made brief arguments, and by this time
1t was halfpast three O'Clock.
JUDGE BRADLEY's PAPER
Then Judge Bradley got up 10 read his Vows II IL
offensive 10 say that his paper and his vote disap-
pointed every person In the chamber. Even the re-
publican members surprised. He held It is said
s1~t u
that the joint committee could 60 behind the Governors
certificate and show that the Board Of Canvassers
had no jurisdiction, but in his final he decided
that evidence whatever was admissible He held
in his argument, to0 that II elector was Ineligible
when he voted his vote void but the mere fact
that he was ineligible when he was elected did not
prevent him from votng provided he did not hold
Office under the United States at the time Of his vote
Here Senator Thurman suggested that a person who
held oce of trust profit under the Unitod States
made ineligible order that his position might
not be used TO seclro his election.
Judge Bradley reiterated. that though the person
might DO ineligible when elected, yet N he was not
ineligible when he voted his vote should stii be
counted.
In response to this position Judge Field cited the
plain clause Of the constitution
But Senator Representative, or person holding
office of trust ana profit undor the United States
shall be appointed an elector.
INCIDENTS OF THE DAY.
Among tho incidents OF the day It is related that
Judge Miller remarked that the failure OF the
Returning Board to ill its vacancy was Of no
consequence. Mr.. ABBOTT thcreupon called his
attention to volume no held in his hand
which proved to contain Of Judge Millcr's own
decisions wherein he held that In similar case II was
absolutely vital that the vacancy which existed should
be filled Judge Miller was. 1t is SAID llttlo en-
barrassed at having his guns thus turned upon
HIM.
MoRToSs RESOLUTION.
At the evening session Senator Morton offered n
resolution providing substantially that the persons
holding Hayes electoral certificates duly elected
under tho constitution. substitute reversing the
terms OF this resolution was offered by Mr.. Payne,
modified by other members OF the commission,
amended by Senator Thurman. and finally presented
by the original mover OF it, and voted down. Three or
four other substitutes shared the fato before Mr.
Mortons resolution adopted.
DRAFTING THE REPORT.
The committee appointed to draw up the report went
to work Immediately. Their report is substa italy
the that made in Florida. the grounds not
varying. Having been signed 1t was placed In the
hands OF Judge Clifford, who will to morrow
transmit duplicate copies Of II to the President OF the
Senate and the Speaker Of the House. He will also
TO the President of the senate all the papers
sent to HIM concerning the Louisiana case Tho CON-
mission adjourned until four O'Clock tomorrow.
THE INELIGIBLE QUESTION.
In Judge Bradley's written opinion he lays II down
that II anywhere clec:or federal officer and
cast his vote for elcctor whio holding tho federal
office, such vote cannot be counted. The democrats
mean to produce such n vote In Wisconsin, where
Dr. Downs, one of the electors, pension surgeon
when chosen eector, did not resign, held the Office
when he voted in the Electoral College and continues
to hold it. or course, as there but single return
from Wisconsin this case will come only before the
two houses, but 1t will thero have DO voted on.
ACTION OF HOUSE.
Tho House will probably take tomorrow un-
I'll Monday before receiving tho rcpor. OF the commits
sion 1t held by the democrats that this can be dono
tho amendment to tho Electoral bill ndoptcd tho