The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-03-01
The Reason of the Case,


The re ason is very clearly stated by Judge
Bradley why lie gave the decisive vote in
the case Of Louisiana for the Hayes electors.
No Democrat, who respects the faith of his
party, can dispute the soundness. The pro-
ceedings Of its co mmission on the 10th are
thus summarized:
As soon as the commission had locked the
door Of their consultation room, at 10 0 clock
this morning. the debate on the Louisiana
case began, and lasted continuously to
O'Clock in the afternoon, the hour agreed
upon yesterday fora vote on the preliminary
que stion OF evidence.
Senator Morton spoke first. and was fol-
lowed by Thurman, Garfield, BayarG, Ed
munds. Hnnton and Hoar, in the order nam
ed. By tile time Mr.. Hoar had finished, it
was after 3 o'clock, and Judge Bradley had
not yet spoken. All the interest conferred
upon him. Every one recognized that he
held in his hand the whole power OF ma king
the President and that upon the words he
was then to speak depended the settlement
OF the great controversy.
Judge Bradley spoke for about ten mimi,
manuscript he had prepared last night. lle
said that in regard to the question OF eligi-
bill lily, he had qualified somewhat his first
opinions. W hen the Florida case was argued
he had not fully examined the question, and
not having entirely made up his mind as to
the effect of the disqualification OF an Elect
or at the date of the election, he thought it
well testimony should be taken in order that
the facts be fully established, and further
arg uments, il necessary, might be made. In
eonsid ering the question since, he had come
to the conclusion that tile clause in the Con
slit ution providing that no man shall be ap-
pc inted an elcctor who is a United States
officer, rs Only varying form OF the state
ment OF the requirement prescribing Qualifi-
atoms for Senators or Representatives. In
the latter case the Constitution states that
no man shall be Il Senator. etc.. but it has
always been held that if disqualified at the
t inc CT his election, he can not be excluded
if he becomes qualified when he presents
himself 20 take his scat. Judge Bradley
therefore, concluded that if any Elector was
eligible at the time the Electoral College met,
his vote is all that is demanded by the Con-
stitution. In the case of the two Louisiana
Electors. Levisee AMI Brewster, he said there
was no allegation that they were not qnalifi-
ed at the time they were chosen to fill the
yacanies caused by absence. Therefore there
was no necessity of taking violence to prove
what was immaterial, if proved. As to the
Electors allie gcd to be disqualiiiedby the State
Constitution for holding State Offices. Judge
Bradley maintained that Il State could not i'm
pose causes of disqualification in addition to
those prescribed by the Federal Constitution,
and that it was manifestly contrary toproper
Interpretation Of the Constitutions, to hold
chat the United States was to be deprived of
the services Of eminent citizens OF a State,
solely because the Sta tie had recognized their
ability by ielectin them to fill her own of
fees.
The position taken by Judge Bradley, and
by the other Republicans, in respect to the
alleged differences between the Florida case
and the Louisiana case, growing out Of the
allegations of fraud AID forge ny iii the latter
was that there are no substantial differen-
ces in the case rs presented to the tribunal.
In each, the certificate OF the Governor was
regular in form, and based upon the author
itatipe declaration of the Canyassihg Board.
An attempt made by the Democrats to ar
que that there was no evidence that the GER
tffcate OF the Governor was based upon the
decision OF the Returning Boar d, was met
by reference to the certi lcates OF the Serre-
tary of State accompanying the returns.
That officer certi6es that the Governors Ger
tificate Is in accordance with the report of
the Returning Board on file in his office.
The Democrats maintain that the returns
themse Ives should have been produced be-
fore the commission. But to this the Re-
publ leans reply that the commission was
bound to accept the certificate Of the Secre-
tary OF State as rue, in the absence OF any
Testimony inside the papers Themselves to
the contrary.
A vote wa takeE III O'Clock Oh the ques
ton Of aamttt & evidence, and It was deci-
ded in the negatiye-ayes, I. noes, 8, the
usual party vote.