National Republican., 1880-03-13

man of the committee if he has not become
callous under n continued contemplation Of
scenes of outrage and brutality.
THE ATTACK UPON JUSTICE BRADLEY.
When in the course of political events it
becomes necessary for the Democratic organ
here TO pervert, distort or misstate the truth
to make point against political oppo-
nent il never hestates to do either. We are
reminded of this by the ill-natured and un-
scrupulous attack made by that sheet upon
Justice BRADLEY, of the Supreme Court of
the United States, yesterday morning, for
the purpose of placing him in an incon-
sistcnt and unfavorable light before the
public. We do not allude to this matter
now because the attack is Of much import
ance to Justice BRADLEY; but regardless of
him it is well enough, perhaps, to show the
utter unscrupulousness of the assault which
has been made upon that eminent and up
right judge to crafty n feeling of petty
political spite. That We may not be
charged with n misstatement of facts, we
extract its language in its reference to what
it is pleased politely to characterize as q
steal of the Presidency. 1t says:
Mr.. Justice BRADLEY made that theft pos
sible, aud aided in tho consummation of that
crime against tho Constitution by setting up
| the most extreme and preposterous States
rights theory ever before enuuciatcd outside
ofa lunatic asylum. According to that theory
| any alleged net of State in the election of u
President, although such act was known to
be violative Of the States laws, although
known to be stepped in crime redoent of
fraud and topped off with forgery, could not
be reviewed by any power, but must be ac-
cepted as the binding act OF the State, even
when 1t decided National election.
This was tho position OF Mr.. Justice BRAD
LEY little more than three years ago,when he
held in his hand the power to put either the de-
fcated or the elected candidate into Office.
AnI by this outrageous construction of States
rights, he gave that decision i'll favor of the
man who had failed of election. But change
has come over the spirit of Mr.. Justice BRAD
LEY's dreams. Tho interests and purposes of
| his party now demand that the recognized
aud established rights OF States shall be in
| vaded; that the Federal power shall be eX-
| tended into the lawful domain of local author
| ity. Obedient to this call of party, Mr.. Jus
tice BRADLEY comes to the front as tho ex-
ponent of doctrines more antagonistic to States
| rights than any previous enunciatiOn OF any
| judicial tribunal in this country. In fact, the
| opinion of Mr. Justice BRADLEY as to the
right of the Federal government to arrest. in-
dict, try and punish State officials for viola
| tion of State laws is in direct and violent an
tagonism with the precedents of the court
| whose latest utterance he has delivered.
| This assault is based either upon q Ia
mentable ignorance of the facts or wicked
purpose to pervert the truth, as is made
clear by the following extracts which we
make from Justice BRADLEY's opinion de-
livercd upon the occasion of the electoral
count lie said:
Each State has just right to have the en-
| tire and exclusive control Of its own vote for
the Chief Magistrate and head of the Republic
without any interference on the part of any
other State, acting either separately or in Con-
gress with others. If there is any State right
of which it is and should be more jealous than
of any other it is this. Aud such seems to
have been tho spirit of the trainers of the Con-
stitutOn. This Is evidenced by the terms in
which tho mode of choosing the President and
| Vice-President is expressed. The appoint
ment and mode of appointment belong OK
clusively to the State. Congress has nothing
to do with it. and no control over it except
| that, in subsequent clause. Congress is en-
powered to determine the time of choosing
the electors, and the day on which they shall
| give their votes. In all other respects the
jurisdiction and power of the State is controll-
| ing and exclusive until the functions of the
electors have been performed. Of course, this
exclusive power and control of the State is
ended and determined when tho day fixed by
Congress for voting has arrived, and the eleC-
tors have deposited their votes aud made out
their lists and certificates as required by the
Constitution.
This is clear judicial view of the pow
ers and jurisdiction of the State and oil
Congress on the question of the Presden.
tial election, to which Justice BRADLEY
adds the opinion: ....
The State is II sovereign power within It's
own Jurisdiction, aud Congress can no more
control or review the exercise of that juris-
dction than ii can that of a foreign govern
nent. That which exclusively belongs to
one tribunal or government cannot be passed
upon by another. The determination of each
is conclusive within its own sphere.
Then again Justice BRADLEY says:
The case of elections of Senators and Rop.
resentatives Is different. The Con stitution
expressly declares that leach House shall be
the Judge of the elections returns and quail
ficGtions of its own members"
In all this Justice BRADLEY clearly de-
fines State jurisdiction on the question OF
electing President and Vice. President
and does so with judicial fairness, and in
that he in no degree exposes himself TO the
allegation of having set up the mos
, "extreme and proposterous State-rightt
theory ever before enunciated outside OF
"a lunatic asylum" Neither is there the
slightest analogy between tho opinion
delivered on the electoral count and that
referred to relating to the right of The
Federal Government to assert its own con
stitutional laws and powers over the sovera
States, when they are infracted by al
assertion of what is known as STATE
sovereignty. The assault upon Justic,
BRADLEY is unjust, wanton and malignant
and goes to show how reckless men and
journals may become under tho desperation
which comes of bad cause and worse
motives.
CAN any one doubt that, II a respectable
Democratic candidate were nominated, thou
sands of Republicans would conclude that il
was, on the whole, safest for the country t.
! cast q quiet vote against General GRAET