New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-03-03
THE TRIBUNAL DEFENDED.

SIR: When il was proposed to submit 10 o
Commission the disputed questions which had arisen as
TO the successful Presidential candidate, the suggestion
was hailed as a haIbinger OF peace and an omen OF
assuredTranquility The selection OF the nVe Seuators
and OF the five members of the House and OF the four
Judges OF the Supreme Court deemed uneXceptohai
and highly satisfactory to every patriotic citizen The
OF the fifth Judge OF the Supreme Court was lett
to his selected associates OF the Bench, equally DIVIDED
in political ties and no doubted that this duty
would be well discharged. With entire unanmty' IL Is
believed, Mr. Justice Bradley was chosen ana II shouid
be conceded that tribunal having high trusts eposel
in it ever possessed more of the public confidence 1t
would nvidous say that any member enjoyed TINS
confidence greater degree than another but as one
member has been selected Tor special assault IL may hot
be inappropriate to refer 10 him.
II is dparagement to either Of the Justices OF the
Supreme Court to either OF the members OF the Com
mission TO say that he is the OF any or them III prac
teal learning, purity Of character fearless hdcpehu-
enco and integrity and honesty beyond all question
judge Bradeys the Bench has fully maintained
his high repue for intellectual grasp and culture strict
impartiality, and profound research As Illustrative
see his able and exhaustive dissenting opinion III inc
Slaughter House case, concurrng with Judge fed anu
Chicfustce Chase reversing the judgment of the SUI
pgeme Court OF Louisiana &c Wall. 7D. sllil% IN
stance OF judicial independence was manifested III MS nc
ton s Circuit Judge Louisiana, discharging defendants
indicted under the Enforcement ac-hoding in iacf the
same To be UNCONSTITUTIONAL and which decision was
unanimously affirmed By the Supreme Court (See 9Z'
U. = Rep, $40, 54G) Numerous other cases might De
cited wherein Judge Bradley has shown the
fearless. independent, and high characteristics OF
a noble Judge, rir tel0cem et Pr0posHt r1rtm
Englands great Chancellor in the celebrated case OF the
Duke OF Nortolk's perpeucs Gases in ChanceTy 92'
expressed the true characteristics OF great nooe anu
just judge when he said
have made several DEGREES since have had the honor
to fit III this place which nave been reversed III hIoter
place. and ye not ashamed to make them nor sorry
they were reversed by others: am oDhgea 10
pronounce it by my oath and by my conscience. =,
/ know am very likely err, for pretend not 10 Dc
infalllbc, but that is tang cannot help Upon ne
whole matter am under constaint and under an OBJ,
CATION winch cannot resist; man behaves nilllse f
very III in sdch place This that he needs 10 make
apologies for what he does. will not doit
judge Bradley may well refer TO this lustrious ex-
ample and his fame those Just and truthful senti-
mcnts They are appropriate and fitting to the present
emergency. But what il Judge Bradleys ohcnsei In
deciding that tie returns Of the Official boards OF can
yassers OF the States OF Florida and Louisiana are fna
and conclusive TO the choice Of the electors of Pres-
dent such views have been of universal recognition
and application in all cases and under all contingencies
except in a direct proceeding by qtO pdiTdnto. NO
lawyer or Judge will argue that such pro-
cceding can lie applied to- the appointment OF Pres
dental elector III this view Judge Bradley is fully
tanned by Cet-usce Church OF the NewYOrl Court OF
Appeals-an eminent judge, sound lawyer. and or
political opinions in harmOny with the seven OF tie COM
mission. And this has been the welrecognizcd rule of
law almost from the very organization OF our Govern
mcnt.
notable case OF the uality Of the action OF canvass
inc board occurred in NewYok in 1892 John Jay and
George Clinton were the opposing candidates for the
Office of Governor The ballots taken in the different
counties were to he transmitted by the shcrs OF the
different counties to the Secretary of State, who was to
deliver them to the canyassng board who were to count
them ana declare what candidates We're elected The
decision OF the declared by tue statute to
be anal and conclusive. Tie board OF canvassers re-
icctci tic votes OF Otscgo, TOea, and Clinton Counties
thus giving to Mr.. Clinton majority OF los votes and
declaring him 10 be duly elected. IL con-
ccded that the votes of the three rejected coun-
ties were all legally cast, and II allowed
would elect Mr.. Jay by about 400 majority
The ground OF rejecting the votes Of Otseo was that
smith who transmitted the votes sheriff, not the
sheriff de . but only de facto, and that the votes Of
the other counties had not been delivered by the persons
originally appointed. The action OF the canvassers was
sustained by the Assembly Gov Clinton took the oath
OF office and discharged the duties Of the office Of Coy
cnor for the full term Of three years and the historian
iustines his conduct in sayingi He declared Gov
enOr by the only tribunal which had right to speak on
the subject. declined acting, the State for the time
being would ne without executive department. 1t
seems to me hc was right in acting upon the as
sumption that the decision OF the canyassers was
correct Diamonds Political History Of NewYork,
Vol T. pp. G2-G9) Gov. Clinton afterward elected
vice-Prcsidont, and died in that Office in 1872
This principle thus early recognized has lately re-
ceivcd emphatic approval by the highest court OF one
o, the states Of this Union In GroOme against Gwinne,
43 sd Rep, PIP. ST., there where mandamus
was granted the Governor Of that State to grant
permission 10 IL person claiming be elected to the
Office Of AttoruGyGcneral II was undeniablc that his
majority was fraudulent and that the had
allowed fraudulent votes him. At page 635 the Court
says:
Where an election has been held and duly certified
NAV lie prescribed unless there constitutional
statutory provision providing otherwise, II is the solemn
and binding act OF t!ie people, aHoriihs conclusive
evidence of their decision Unless provision Is made 10Y
a OYER IT, the result cannot be impeached, and
stand their act. This is the necessary result
The illogical and unsOund position Of the minority OF
the Commission on the question arising in this is
easily demonstrated. BY the CONSTITUTION OF the United
States Article II, Section 2, it is declared that each
State shall appoint, in such manner as the Legislature
thereof may direct" number of electors OF President
and Vice President equal to its representatives in Con-
grcss The Revised Statutes of the United states page
81 Section 1922 prescrbes the number Of Presidential
electors to which each State is entitled Section 1873 Of
the same Statutes declares that each State may by law
provide for the filling OF any vacancies which
may occur In its college OF electors when
such college meets to give its electoral votes
Section 1874 declares that whenever any State has held
election for the purpose of choosing electors, and has
failed to make choice the day prescribed by law,
the electors may be appointed subsequent day in
such manner the Legislature OF such State may direct
BY tile statutes OF Oregon, it Is provided that
The electors OF President and President shall con-
yenc al the seat OF Government the first Wednesday
OF December, and II there be any vacancy in
The Office OF an eector occasioncd III by death G refusal
To act ID neglect attend a. otherwise, the electors
presc ut shall Immediately proceed To iii such vacancy
The Commission unanimously held that CrOnn was
ncta 4 IAN ell ct
two and only two had been appointed. This decision
necessarily created vacancy place TO be filed in
the Electoral College. What is vacancyi Bouyiers
l. % DlA lnnnns Il. .. A nIarn Lrhlch IL