The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-02-21
THE SITUATION.
Oregon will be Justic, Bradley's Defense
Against the Charge Of Partisanship.

Oregon will be Justic, Bradley's Defense
Against the Charge Of Partisanship.
Editor Democrat decisions OF
the Electoral Commission in the Florida
and Louisiana cases have stricken the
Democrats OF the country with dismay,
and 1t would seem that o complete rout
had begun; already the staunchest
troops have turned their backs to the
foe, while the weak prepare to cross the
lines and share the spoils with the
victors. And yet the battle has not been
fought nor won. We held, as We thought,
two impregnable POSITIONS; they have
been carried by the enemy, but there
is daylight and time yet for O. last
charge upon the over. confident foe.
"The last charge Of the day''-think OF
Ii In the past-when the field was al
most lost remember the wild, frenzied
heroism displayed; how the victory of
the foe was turned to defeat; the day
retrieved; the field repossessed; re-
member how the great hearts OF heroes
swelled with proud satisfaction: how
their faces, once fixed in stern deter
mination towards the foe, now relax In
smiles, and their dauntless spirits effer-
yesce In shouts of triumph. Such is
the glory OF the success OF the last
charge. Such glory, such triumph,
liz only achieved after the day has been
almost lost. Let ns then not despair,
but look hopefully To. the result.
Oregon has yet to be counted. In
that State zoe have the Governors cer-
tiflcate. In Florida and Louisiana we
contended against the certificates and
were defeated. No stronger argument
against Gov. Growers certificate can be
made by the Republicans than those
we have made against the certificates Of
Kellogg and Stearns, unsuccessfuliy.
This fact of itself would be cause OF
hope for a favorable decision In the
Oregon case, were 1t not for two
reasons
First--That 1t is universally believed
that the decisions OF Justice Bradley
have been dishonest end dictated by
craftsmanship.
vote at the popular election for Hayes.
Let us first consider this second rea-
son. It Is said: what can we expect
Bradley to give the votes OF Oregon,
which went for Hayes, to Tilden, when
he has refused to give him the votes OF
Louisiana, which there is no doubt were
cast for him?" Yet we may SO expect,
IL there be no other reason against such
action than the Louisiana decision for
that decision is not based upon the
merits OF the case--it refuses te touch
them, and 1t might as well read, 'Ad-
mitting that the majority OF the people
of the State OF Louisiana cast their
votes for Samuel J, Tilden, yet under
the constitution and the law creating
and constituting this Commission" /"
etc. Justice Bradley is doubtless
= .xvnlI aa,x III 2nI in hia nd hnr he,
popular vote OF Louisiana was cast for
Ttfden as Ne is that the vote OF Oregon
was cast for Hayes It seems to be- o
hard case when the popular vote Is
cast for one candidate and the electoral
vote Of the State for the other, and JUS
tice Bradley doubtless SO thinks Qf he
has been honest In his decision), and he
has already SO expressed himself with
reference to Oregon. A suitor who
goes into court with just, and, as he
supposes, indisputable case, can see nc
| justice in q decision which, upon plea
Of prescription, denies him relief with.
out even inauiring into the merits OF
his case. Yet such is the law. II the
Louisiana case had been decided by
the Electoral Commission ON Its merits,
have recognized Packard; but such
was not the action OF that Commission
| So, in the Oregon case, the question
will not be as to who received the
popular vote, but as to which electors
have presented themselves properly
and legally accredited.
The Electoral Commission has refused
to occupy the position Of a nationa
Court Of Equity, and has resolved itsel
into court OF very limited Jurisdiction
and that jurisdiction has been strictly
maintained, and as 1t has awarded ir
Florida and Louisiana the pound O.
flesh we now demand the drop Of bloot
In Oregon.
Bradley, with the law and the facts as
we have received them, it is, alas !! TOT
clear; but he may have defence for hi.
action.
The general charge OF partisanship Il
the Commission the electoral votes O
Florida and Louisiana have been giver
to Hayes, although those States cas-
their vote at the popular election fol
| Tilden. AS to the correctness OF his
decisions upon the legal points to which
the Electoral Commission has cOntlnet
it's attention, but few Of us have stopped
In our indignation to consider, or hayt
had sufficient data, as yet, upon which
to base calm and unbiased
opinion. Let us then await Justic,
Bradley's defence. That defenee, Ii any
he has, he must make in the Oregon
case, and there he will make it.
To be a good defence his decision
must give one vote to Tilden, or throw
out the entire vote OF that State. II hi
does this, he will then, by his consisten
cy in upholding the gubernaterial Ger
| tificate, even against the demands O
his party, vindieate himself against th'
charge OF partisanship. But should hi
fail. then will he, indeed, have writer
himself down in history as Infamous
SPEs.