The daily gazette., 1877-03-02
Especial Dispatch to the Baltimore Sun. ]
INSIDE HISTORY OF THE ELEC
TOR-tL COMMLSSION.

What They Said IL, Secret Session--Dis-
Discussion of the Disputed States
Senator Bdyard on Judge Bond-The
Partisan Decisions of the Commits
sion, DC. I7
WASHINGTON, Feb. 2S.-A few bits of
the inside history of the electoral COM
mission will be interesting. While the
Louisiana case was under consideration,
Mr.. Justice Miller read an opinion that
it was perfectly competent TOR the, four
members Of the Louisiana returning
board to canvass the vote, notwithstand-
ing that the law said the vacancy must be
filled. Representative Abbott said,
"Judge, let me read you an opinion from
Woolworth's reports" and read from
decision Of Justice Miller, on the Circuit
bench, in which he laid down the doc
trine that the acts of certain county
board of canvassers were void because
they had neglected to fill vacency. Jas
tice Miller was completely dumbfounded,
and did not undertake to make the least
reply. -I,..
Representative Payne in the same case
made speech, in which he ironically
eulogized Senator Edmunds fol his nom
partisan course when the electoral bill
was before the Senate, and expressed his
Vermont would not now rise above party
and give his voice for justice. Mr.. Ed
munds reciprocated the compliment by
clapping his hands in applause. Mr..
Payne then turned his attention to JUS
tice Bradley, whom he addressed as the
fifteenth man-the Warwick, the King
maker. He told Justice Bradley that the
decision depended upon his vote, and i'm
plored him to act as judge and not a
partisan. He said the people of the
country had always entertained the high
est regard for the Supreme Court, and
it depended upon Justice Bradley whether
they would look upon it with contempt.
Justice Miller then interposed and said
they were all the fifteenth man, and the
result did not depend upon the vote of
Justice Bradley any more than it did
upon the vote Of any of the others.
| In the Florida case General Garfield
was we'll displaying his partisanship and
want of decency in an exceedingly Bit
ter speech of the bloody shirt order, filled
with allegations of all sorts of crimes
against the Southern people. Justice
Field tried to stop him two or three times,
and said as evidence had been excluded
| it was hardly competent to enter on such
line of argument. Justice Clifford said
Mr.. Garfield had the floor. and it W as his
privilege to go on in his own way. JUS
tice Field only made one set speech dur
| ing the entire sittings of the commission,
which was on the Florida case, when he
took strong grounds against the ridiculous
plea that the two houses and the COM.
mission were to he no more than passive
witnesses of the frauds which had been
committed.
| Justice Field, however, asked great
many questions, When Justice Miller
was arguing :nat no power existed to 60
benin the certificates, he asked: "Sup-
pose the constitution said that none but
white men were eligible as electogs, and
| a negro was elected, must the certificate
/ be given to him." Justice Miller replied
that he would have no right to look at
| his face. Justice Field: "But suppose
you did look at his face and saw that he
was black ?" Justice Miller said: "I
would be compelled to give him the Ger
| tificate if he was eleeted-even it was q
woman, would have no power to re-
| fuse, as the constitution and laws do not
provide remedy"
Mr.. Bayard appeared to take the most
interest in the proceedings of the COM
mission, giving his earnest attention to
every point. Judge Thurman did not
talk much, being too much indisposed.
He made, however, speeches of length
on both the FLORIDA and Louisiana cases,
which were very able. Justice Clifford
took less part in the discussions of the
commission than any other member, and
did not occupy twenty minutes altogether.
Before the discussion in the Oregon
case had fairly begun Justice Clifford
said; II want it distinctly understood
that do not indorse the Cronin
vote" Representative Abbott. in an
impassioned argument on the Louisiana
case in favor of the Tllden electors, said
"My God! cannot act otherwise, onmy