The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1877-01-28
By Lot.

and moro of gentlemen than other promin-
emit men. If they are not counting on this,
the Democrats are trying an experiment
that even Stonewall Jackson, with all his
daring, would never have risked.
There will be on the joint Commission
Eve Republican and five Democratic mem
bers of Congress, taken from both houses.
Then there will be two Republican and
two Democratic Judges of the Supreme
Court. Equally balanced go far. 1t is
clear that the fifth Judge of the Supreme
Court, who will make the fifteenth member
of the Commission and who is as yet un-
known, win hold the absolute balance of
power, politically speaking.
Who will this fifth Judge be- We are
to- day informed that there are but two pro-
nounced Democrats on the Supreme Bench
the two named in the bill-and that JUS
tice Davis who is the nearest to Democracy
on the remaining bench, hasjust been elect
ed to the Senate, thereby becoming virtually
ineligible to the position of fifth Judge.
Justice Bradley has been prominently
spoken of as the one between whom and
Justice Davis the choice for fifth Judge
would probably lie. But what assurance is
there that any such programme will be
allowed or followed by the Republican
Judges7 1t is very we'll to say that they
are gentlemen and scholars, men of fairness
elevated for life, as they are, above the
vicissitudas of political fortune, they are
also above the behests of party intrigue
in word that they are not blind OF I'M
scrupulous partisans.
That is all very well, if true, bat it is
begging the question.
If they are fai. minded men whose honor
can be relied on even when party feeling is
appealed to, the issue ia settled in advance.
1t would be tantamount to saying that Til
den will get their verdict. We do not believe
that any fair minded man in this country,
who is at the same time intelligent, doubts
the election of Gov. Tilden or would hest
tate to seat him after any investigation that
can possibly be had.
If, then, these two Judges are fair and
honorable men, they will have no reason
to resist the choice of Bradley, their rulings
and his will be for Tilden, the Commission,
on the Judges side, will be in full accord
while even the Radical Congressman on
the Board, seeing the game up, will proba-
bly, vote in accordance with their secret con-
victions and make the report of the Com
mission unanimous in favor of Tilden.
Bot all this depends on the ''pIevious
question"-which has been begged-are
the two Republican Judge Commissioners
comparison geutlemen2
If they are political rascas then lcOk
out tor the other tableau. They will re-
fuse TO accept Bradley who, though a Re.
publican, has given proof of political
honesty; they will name the bitterest Re-
publican partisan among the remaining
Justices the Democratic Judges will insist
on Bradley, and the choice must be de-
termiped by lot.
In that event, and supposiug all the
Republicans on the Commission to be
serviceable partisans, they might as we'll
cut the matter short and draw at once for
Hayes apd Tilden, the winner to te Presi-
dent. The decision would be, either way,
equally the result Of IA toss.up.
Even though the result of euch q dispo-
siton on the part of the Judges might
not be q direct report in favor of Hayes, as
some Republican Congressional members
of the Commiesion might fail to sub
serve party requirements, still it would
manifest a spirit which could easily
nulhfy the object had in view in creating
the Commission. Factions, carping objec-
tons constantly interpreted, a dilatory
policy persistenly followed by considera
bic number of the members, could SO en-
barrass the proceedings of the Board as
to make its decision before the All of
March next impossible.
This would leave the question as uneet-
tied as it is now and in a much worse posi-
ton, because there would be no time for
any body else to settle it. Here would be, OPP
portuneiy made, the very contingency on
which Grant has been so long counting
and for which he appears to have been SO
earnestly scheming-a contested election,
with nobody seated. The President al in