Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1877-02-15

cially with the odd man. The four Judge
originally appointed BY the Electoral bill, bal
ance each other just as the ten Congressmel
do, and Judge Bradley sitting, as it were, ii
the middle of the beam, makes the scale turl
to the one side or the other, according as b
throws the weight Of his vote
When the Commission reassembled, at nool
to-day, ali the Senators and Representative
had spoken, except Payne. He opened tn
debate in speech which is said to have beeI
the most partisan one made upon the Demo
cratic side. 1t was in some respects an echt
of that made by Lawyer Field in the oper
session. and asserted the right of Congress tt
60 clear down to the county returns in an ef
fort to discover and correct frauds. This Wal
not the general Democratic position. Thur
man had, yesterday, maintained the inxiola
bility of the sovereignty of the State, and had
only sought TO push Investigation far enough
to ascertain whether the Returning Board
were legally constituted and had kept within
its jurisdiction. --s Z '-'-----r-l,
Some of the Democrats, however, insisted
on going little further and examining the
record In the olice of the Secretary of State,
to learn what had been reported to him from
the County Canvassers. The five Judges, ir
stating their views to-day, made an evident
effort to preserve judicial manner, and kept
pretty closely to the traditional style of the
bench in delivering opinions.
Clifford, Bradley and Field read their
speeches from manuscript, Strong and Miller
s. ;Oke from notes. a--.'
Field is said to have taken almost as strong
ly partisan Democratic grounds as any of tie
congressional members of the Commission.
Clifford, it is reported, went outside of the
pending preliminary question 10 declare that
he had no doubt that the Tilden Electors had
been fairly elected in Florida
Some of the speeches are said to have been
exceedingly powerful and brilliant, among
them, that of Justice Miller is highly praised.
1t was based on the statement that no instance
can be found in the history of our Govern
ment where the judicial power reversed the
acts of the political power.
Justice Strong made an effective use in his
argument of the clause in the Florida election
law, which empowers the Board of Canvass
ers to determine and declare the result of the
election. This he held to be conclusive.
Judge Bradley's opinion was clear and forci-
BILE against the power of Congress to go be-
hind the returns to investigate the election or
the acts of the canvassing authority. 1t is a
great pity that all the arguments made in Sc
cret session were not reported and published,
Tor they are far more important as pert of
the record of the case than those delivered by
the counsel, and the objections in the open
sessions.
THE VOTE.
The Commission, at three O'Clock, D. p.oceed.
ed, in accordance with the resolution of yes
terday, to vote on the proposition submitted
The first vote was taken on the following pro-
posal, by Senator Edmunds, and modified by
Justice Miller to meet the views of Justice
Bradley, the roll being called in alphabetical
order:
''Ordered, that NJ teEidence shah Hsbe re-
ceived by the Commission which was not
submitted to the Joint Convention of the two
Houses by the President of the Senate, with
the different certificates, except as relate to
the eligibility of F. e. Humphreys, one of the
Electors" ...-..
The vote was as follows:
YEAs-Justices Bradley, Miller and Strong;
Senators Edmunds, Frelinghuysen and Nor
ton; Representatives Garfield and Roar-S.
NAYs-Justice Clifford and Field; Senators
Thurman and Bayard; Representatives Alb
bott, HuntOn and Payne.
Mr.. Abbott submitted the following:
'.Resoioed, That in the case of Florida, this
Commission will receive the evidence relating
to the eligibility of Frederick c. Humphreys,
one of the persons named in the certificate
No. as Eleetor."
Adopted by the following vote:
YEAs-Justices Bradley, Clifford and
Field; Senators Bayard and 1hurman; and
Garfield and Hoar-7.
The injunction of secrecy was soon after
and at 1886 p. M; the Commission
adjourned TO II o'clock tomorrow, when the
session will be open, as heretofore, to those
holding tickets of admission. !
REPUBLICAN VICTORY.
The Republicans thus win a victory in the
first encounter, and the most important ques-
lion of all growing out of the contest is de-
termincd in their favor. But in gaining this
triumph they practically open the way for the
Democrats to attack them at point which
they hoped would be amply guarded by the
result of to-days work. The question of the
eligibility of Electors in all its phases re-
mains for further argument and for a future
decision, and it is placed in this position by
The action of Judge Bradley in voting with
the Democrats on the second proposition sub
mitted to the Commission. The Republicans
have very few fears of the result of this side
issue as far as Florida is concerned, for they
understand that Humphreys, the Elector
whose vote is questioned, is already in this
city. and is prepared to prove by conclusive
evidence that he resigned before the date of
the Presidential election. There are, however,
two Electors in Louisiana whose votes can be
on account of alleged disqualifca-
tlons, and there is of course the final struggle
over the Watts case in Oregon. The deter
of this question of eligibility in the
Florida case will not by any means settle the
whole controversy as far as the returns from
that State are concerned, because the main
point still remains open, namely, which of
the two sets of conflicting returns is the legal
and valid expression of the will of the State.
The Democrats will still claim that the action
of the State did not cease with the vote of
the Hayes Electoral College, but was pro-
longed through all the quo 0arranto proceed
ings, and the subsequent legislative action
only reached a finality with the decision by
court and legislature, that the Iflden Electors
were lawfully chosen. The Commission will
first heai evidence and arguments as to the
eligibility of Humphrey, and then go into
secret session and vote unon that nuestion af-