Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-01-26
Justice Bradley-Mr. Hayes, &c.


Mr.. HAyEs derived his title to the presi-
dency of the United States from MIR. jus
tice BRADLEY's Electoral Commission-that
10 TO say, from an act of Congress. and not
from an election held under the Constitu-
ton Of the United States. Think OF that.
That was only fourteen years ago, yet
we have all lost sight of the facts. Mt.
HAYKs's title. therefore, il must be rernem-
bered, was one that was his own and could
not be transferred to anybody else. II
after the Electoral Commission had render
ed its decisions. and the two houses OF
Congress had acted upon the recon-
mendations Of that Commission and de-
cared Mr.. HAYES duly elected President
he had declined to accept the Of
fee on the ground that he mad
not been elected TO it. and
Mr.. TnDKS had, the Office would not by
reason of that declination have reverted
to Mr.. TuDEy, but would have been us
posed of in the manner provided for IN
the Constitution and laws of the United
States. If Mr.. HAYES had had good ute
to the Office he could not have transferred
il To any other person, and, OF course, ne
could not transfer and make good in
another the defective title when ne pos
sessed. Poor HAYES. however, has always
had 10 bear the burden OF the gin against
the people which was committed oy Con
gress. and hois even now frequently spoken
of as if he had perpetrated grand larceny
in accepting an Office rendered to him by
Congress, by the then President OF the
United States, General GRANT, who
was also Commander-in-Ch of the
army and navy. and by the Lleeto-
raj Commission-one of the ablest bodies
of men that ever were seen in the world.
The Electoral Commission did not con-
slst wholly of Justices of the Supreme
Court. but partly of members of the Sen
ate and House of Representatives. Mr..
FpMCsDs and Mr. CoSKLrSG advocated the
Electoral Commission bill, and when it
was lppointed were made members of it.
Yr. JUSTICE DAVIS had been relied upon
hy the Democrats TO give the casting vote
in favor of seating Mr. TILDEN, but at the
critical moment he disappeared from the
supreme DtHtil anu ON'AiAp ~ tAA-N~*
States Senator from Illinois.
The great question at issue was as to the
right of the President OF the Senate 10
count the votes cast for President and
President of the United States by the
electoral colleges of the several States.
Mr.. FERRY, of Michigan, the President OF
the Senate, claimed this right. Mr.. CosK-
LING made probably the greatest speech Of
his life in advocacy of the Electoral Com
mission. On the point just mentioned he
quoted the United States Constitution as
follows:
.The President Of the Senate shall, in the
presence OF the Senate and House Of Represen-
tatives, open all the certificates, and The rotes
shdllth be counted"
Here, said Mr.. CoNKLNG. the Constitu-
ton goes with the President Of the Senate
until it comes to the counting of the
votes. aud Hen Il turns is back upon him..
This was one Of the happiest illustrations
ever made by great orator. If the
fathers had intended the President OF the
Senate to count the votes it is just as GER
tain as anything not positively known can
be that the last clause of the sentence
above quoted would have read; open
all the certificates and count he cOtes." 1t
is impossible to believe otherwise.
This much-abused Electoral Commission
bill was endorsed by public meeting held
in Association Hall mere. and our Senators
and Representatives were requested to vote
for it. The DISPATCH advocated the same
bill day after day and rejoiced when it
became law.
Mr.. Justice BRADLEY received more of the
credit or discledit of seating Mr.. HAYES in
Mr.. TnDES's chair than any other member
of the Electoral Commission. He would
doubtless have been astonished to hear
an over-exact Democrat speak of JOE
BRADLEY and his eight-to-seven commits
SION" Whether he was entitled to that
distinction or not we DO not know.
The Electoral Commission would not go
"behind the returns" 5lr. EDMUSDs took
that States-rights position in 1877, and no
doubt felt that he was holding the same
ground when he told the Supreme Court
of the United States few days ago that
its decision in the original-package case
was wrong.
TILDzN is gone, GRANT is gone, CoSKLISo
is gone, DAVIS is gone, Bradley is gone.
so also are less distinguished persons who
figured in public life in 1877 and took part
in establishing the Electoral Commission
and making it success.