New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-02-08
THE SECRET SESSION.
YAYNE's PARTISAN sPEECH-FINE ADDRESSES FROM
THE JyDGEs-TuE DECISION

HE SEChEl OLccAO&N'
YAYNE's PARTISAN sPEECH-FINE ADDRESSES FROM
THE JuD6Es-TuE DECISION.
lBY TELEGRAPH TO TIE TRRUSEJ
WASHINGTON, Feb. 7-When the Commission re-
assembled at neon to-day all the Senators and Rep
resentatives had spoken except Mr. Payne. He
opened the debate in speech which is SAID 10 nave
been the most partisan address upon the Democratic
side Ii was in some respects an echo of that made
BY Mr.. Field in the open session. 1t asserted the
right of Congress to 90 clear down to
the county returns in an effort to dis
cover and to correct fraud. This was not
the general Democratic position. Mr. Thurman had
Yesterday maintained the inviolabihty of the SOW
ereignty of the State and had only sought to push
investigation far enough to ascertain whether the
Returning Board was legally constituted and had
kept within its jurisdiction. Some of the Demo-
Gratis however insisted going little further and
examining the record in the Office of the Secretary
of State to learn what had been reported to him
from the county canyassers.
The FIVE Judges. in stating their views to-day,
made an ardent effort to preserve judicial manner,
and kept pretty closely to the traditional style OF
the bench in delivering opinions. Judges Clifford,
Bradley and Field read their speeches from manu-
scripts Judges Strong and Miller spoke from notes.
Judge Field is said to- have taken almost strongly
sional members of the Commission. Judge Clifford
il ia reported went outside of the pending premi-
nary question TO declare that he had doubt that
the rlden 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
II was based on the statement that no instance can
be found in the history of Government where
the judicial power reversed the acts of the political
power Justice Strong made effective use in his
argument of the clause in the Florida Election law
which empowers the Board of Canvassers to deter
mine and declare the result of the election. This ne
held to be conclusive. Judge Bradley's opinion was
clear and forcibe against the power of Congress to
60 behind the returns to investigate the ell cton or
the acts of the canvass1ng authority 1t is great
pity that all the arguments made in secret session
will not be reported and published for they far
more important as a part of the record of the case
than those delivered by the counsel and the object
ors in the open sessions
The Commission at o'clock to-day proceeded, in
accordance with the resolution of yesterday to vote
on the propositions submitted. The first vote was
taken on the following order, proposed by Senator
Edmunds and modified by Justice Miller to meet
the views OF Justice Bradley the roll being called
. in alphabetical order
Ordered That no evidence will received by the Com
mission which not submitted 20 the joint conyen-
ton of the two houses by the President OF the Senate
with the different certificates, except such a. relate to
The inegibNy Of c. HUMPHREYS, of the electors
The vote was as follows: Yeas-Justices Bradley,
Miller and Strong; Senators Edmnnds, Frelinghuy-
sen and Morton; Representatives Garfield and Hoar
s. Nays-Justces Clifford and Field; Senators
Thurman and Bayard; Representatives. Abbott
Hunton, and Payne-7. Mr.. Abbott submitted n
resolution to the effect that in the case of Florida
the Commission would receive the evidence relating
TO the eligibility of Frederick G. Humphries. a
HAYES and Wheeler elector. This was adopted by
the following vote Yeas-Jusices Bradley, Clifford
and Field; Senators Bayard and Thurman. and Rep
resentatves Abbott, Hunton and Payne-S. Nays
Justices Miller and Strong; Senators Edmunds
Frelinghuysen. and Morton, and Representatives
Garfield and HOar-7
The injunction of secrecy was soon after removed,
and at 8 :35 p. m. the Commission adjourned to IL
o'clock tomorrow, when the session will be open
heretofore to those holding tickets of admission.
Outside the courtroom, during the last half hour OF
the session, crowd of people had been waiting in
the corridors anxious to hear the decision of the
Commission. Among them were Senators and Repre-
sentatives and Journalists and not few of the poll
tcians of both parties Of national reputation
now in Washington, watching the progress of
events. Many rumors had been afoat as to
the decision of the Commission, and furnished for
the time topics of discussion among those assem-
bled. None Of these rumors had substantial foun-
datlon, however. for no one came from the Supreme
Court room to give any intimation of what was
going on within its closed doors. Soon after $3.50
there was a movement in the crowd and Senator
Edmunds to come from the courtroom
with several law books under his arm. He threaded
his way through the INSTRUCTED corridor and passed
Into the Senate without stopping to speak to any
face gave the Republicans some hope. He was
followed a few minutes later by Senator Morton,
who walked with difficulty, leaning upon his two
canes. personal friend joined him as he came into
the corridor and walking by his side to the door of
The Senate Chamber got the first news of the Com
MISSIONS decision. Then, as if telegraphed the
word went arOund-"S TO Z against testimony"
moment later several other members of the Commits
non appeared and the result was known in its de-
tails throughout the-crowd. The Republicans were
greatly elated and the Democrats in like degree de-
Pressed when they heard the news.
After all everything depends upon the fifth Judge.
The action of the Electoral Commission to-day
shows that Judge Bradley holds the balance OF
power on all questions affecting the final result.
stanley Matthew's comparison of the commission
70 Pdpal consistory has perfect application. 1t
was held he said. of the coDsisoTy that the spirit
o. inspiration upon all the members, but that
The Holy Ghost resided especially with the odd man.
Inc four judges originally appointed by the Electo-
rs bill balance each other just az the 10 Congress
men do, and Judge Bradley, sitting as it were in
70 the middle of the BEAM makes the scale turn TO
TIE one side the other according as he throws the
weight Of his vote.
iO-inorr0w the Commission will bear evidence and
arguments as 10 the eligibility Of HUMPHREYS, and
into spdu ofa Ina