The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1877-02-14

W hen the Electoral Tribunal Bill
was before Congress, aud the country
witnessed those Senators and Reprcscn-
tatives who had hitherto been consid-
cred strict partisans, putting aside
their partisan prejudices and giving
10 the measure their cordial and hearty
support, thus apparently at least sub
ordInating party 10 country, honesty
aud conservatism, took courage and
imagined that they forcsaw in the ar
rangement an honest, as well as n
pesceablc solution of the vexations OF
tie Presidential question, which had
already too long remained in condi-
ton OF painful uncertainty and ss's-
pence. But no sooner had the bill be-
come law, than the Radical Senate
sounded an end to the truce, by plac-
ing upon the Commission, the reckless
and corrupt Morton, who had publicly
reiterated from his seat in the Senate
that Hayes and Wheeler had been le-
gally elected and should be Inaugural
ted, thus clearly rendering himself in
eligible to act upon the Commission
NJ judge in case of great delicacy and
importance which he had prejudged.
Nor did the Radical minority of the
House act with more decency by NOM
mating Credit Mobilier Garfield, rs a
member of the High Commission"
who, like Morton, had proclaimed his
belief to the country that Hayes and
Wheeler should be inaugurated
Senator Conkling, who championed
the bill in the Senate, but who with
rare and becoming delicacy and good
Judgment, had RETAINED from express
ing his belief as TO the result Of the
November election, was considered by
the Radical managers az entirely too
honest and unbiased to do their dirty
work on the Commission, of clothing
the Florida and Louisiana Returning
Board frauds with the forms of law.
The choice of the fifth judge and
fifteenth member of the Commission,
the umpire Of the arbitration, as it were,
was regarded from the start as lying
between Justice David Davis, who
was appointed to the Supreme Bench
from Illinois by Mr.. Lincoln in 1862,
and who for some time years has been
regarded as a conservative in politics,
and Justice Joseph p. Bradley, who |
was appointed to the Supreme Bench |
from New Jersey by General Grant, in
1870, for the purpose, as was then be-
heved, of getting the Legal Tender
decision, about which Chief Justice
Chase was so roundly abused by the
Radicals, reversed. But the Illinois
Democrats and Independents elected
Judge Davis to the United States SEN
ate just about the time of the passage
Of the Electoral Tribunal Bill and at
once the Radical press raised the howl
VI lneliglbllity on the part of Judge
Davis, and continued it 80 yehemently
that Judge Davis peremptorily forbade
the use of his name in connection with
the Commission, notwithstanding his
election to the next Senate which COM
mences March the 9th, did not in the
least affect his eligibility, nor he has
not up to this time indicated his ac-
ceptance Of the office of Senator nor
resigned that of Judge which he could
hold till the 9Th Of March, but with
delicscy to which Morton and Garfield
are utter strangers, he declined from
pure motives of self respect. The
choice of fifth Judge on the Commits
sion then fell upOa Judge Bradley,
who, though appointed by Grant, was
the Judge who decided the enforce
ment Act unconstitutional in the trial
Of the celebrated Kentucky cases."
and by that decision manifested that
though a Radical and an appointee of
Grant, hey yet hadsome regard for con-
stitutional law, and Democrats were
inspired with the hope that Judge
Bradley, in common with his associates
of the Bench on the Commission, and
acting under the solemn sanction of
an oath TO decide in the interest of
truth and justice, might initiate the
illustrious example of many of the
leaders Of both parties in Congress
when acting upon the Electoral Tribu-
nal Bill, and treat country as para
mount TO party. How sadly the coun-
try was disappointed in its expectation
that the judges of the Commission at
least would conduct themselves in man
nerwhollyfree fromparty prejudices and
would lend an honest and hearty aid to
the ascertainment of the true result of
fhe lofa elacfion in tho 1;sDntaJ Cto,os /