, 1877-02-17


considering the oucatIou since, he had come to
the conclusion that the clause in tho Constitu-
ton providing that nu man shall be appointed
an Eleekor who Is N United States officer as
onIY varying form OF statement Of the require
ment prescribing qualifications for Senators or
Representatives. In the latter case the Consti-
tuition states that no man shall be 4 Senator,
ETC., but 1t has always becn held that, l! dis.
qualified At tho time Of his election, he cannot
bo excluded II he becomes qualified
WHEN HE PRESENTS n1MsELv
to take his seat. Judge Bradley therefore con-
cluded that II an E1ector was eligible at tho
time tho Electoral College met his vote was in
accordance with I'll the demands Of the Constt
tuition. In the case of tho two Louisiana
Electors, Lev[sce and Brewster. he said thcre
was no allegation that they were not qualified
1t the time they werc chosen In ll the vacancies
caused by absence. Therefore thcre was no
necessity Of taking erIdence 10 prove what was
ministerial II psored. As to the Electors
alleged to be disqualified by the State Const'tu-
t!on for holding State Offices, Judge Bradley
maintained that State could not impose
cAusE or DISQUALIFICATION
in addition to those prescribed by the Federa,
authorities, aud that II wAs manifestty contrary
to proper Interpretation Of tho Constitution to
hold that tho United States was TO be deprived
Of the servtces Of eminent citizens OF State
eo1e1y because the State had recognized their
ability by selecting them to fill her own Offices.
The position taken BY Judge Bradley and by
the other Republicans in respect to alleged
differences between the Florida case and the
Louisiana case, growing out Of the allegations of
fraud and forgery In the 1attcr, was that there
were no substantial differences In tho cases rs
presented to the tribunal In each the certld-
catc OF the Governor WAS regular 10 form and
based upon the authoritative declaration Of the
Canvasslng Board. An attempt made by tue
Democrats to argue that there was no cvidonco
that the certificate Of the Governor was based
upon the decision Of the Returning Board was
met BY reference to tic certificate Of the scc1c-
tary Of State
ACCOMPANYING TIE RETURNS
That officer ecrti6es thnt the Governors ecr-
tldcntc Is In accordance With the report OF the
Returning Board OF file In Ills Office. Tho
Democrats maintain that tic returns themselves
should have been produced before tho Commls-
slon, but to this tho Republicans reply that tho
Commission was bound to accept the ccrtiGcuto
OF the Secretary Of State as true In tho absenrc
Of any testimony Inside the papers themselves
/ to tho contrary.
| A Tote was taken ut o'clock OF the question
| Of admitting evidence, md II was de-
eided in thu negatirc-yeas, :; nays, i
tho usual party vote. Both Demo-
Gratis and Republicans agreed after
this that there was nothing to do but TO decide
| the main question at once. which was arrord-
ingly done, and a resolution wns adoptcd by the
zane votc declaring that the return ut the Huyrs
Electors was valid aud
SHOULD ne COUNTED.
A committee, rons[stlng Of slessra. Miller,
Bradley, ard Hoar, was appointed to prepare
report, Sir. uoar being put III tho place Of Ed
munds, WHO was Oh the corresponding commit
tee In the Florida case, on account Of tho Illness
Of tho latter. The report, rs presented and
signed bS tho eight agreeing Commission ncrs thls
evening, !s very similar to that III the Florida
case.
l. TIRE DECISION ANNOUNCED.
The Electoral Commission announced its de-
ciston not to receive anY testimony III the Lou.
lstanu case shortly after o'cock this afternoon.
| When 1t adjourned yesterday It was With the
understanding that the discussion IN prtyutc
seaston would continue untll o'clock to-day,
| and that vote should thcn bo taken Oh MI
| pending resolutions. A. that hour approached
| a crowd consisting Of politicians, Journalists,
| ecuators, Representatives., and others, dEnxn
| ththcr BY tnciF intctlsa Interest IN tho great
! question to be decided by ths Commission, or
| By idfc curiosity, began to gather in the cor
rtdors adjoining the Supreme Courtroom, and
| to bloSk up tho passagawsys leading from It to
| tho eenate Chamber. For more thnn an hour
no lnkltng Of what Was going on within the
closed doors could be obtained by those who In
patiently waited for their opening. Somember
or ot&lret Of tho Commission camc out, aud
NO sft}N WAS GIVEN