The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-07-19

chosen to complete the organization Of the
commission, he, ais well as all OF his family.
keenly regret tod that the lot had fallen to
him, thereby becoming (unjustly), IL, a
sense, the final arbiter. / say uDjustly.
because ne was by belief, by association
by past history, as stanch Republican
as any of those members ofthe commission
who were deliberately selected by reason
OF their known political predictions
And yet, he alone was expected to sink all
political bias and act the Judge merely.
He realized fully the delicate position he
occupied, and foresaw that whatever course
he took would subject him to criticism.
But that he would be sssailed with all the
venom OF serpent, that he would be
charged openly with corruption, that he
would be threatened with bodily injur y
aye, even to the taking Of his life--this he
did not foresee nor believe possible. And
yet such was the case. AS the. proceedings
OF the commission advanced and the prob
able outcome was seen, the fury Of the
Democratic press, led by that scorpion Of
journalism, THE NEW YORK SUN, knew
no bounds.
And this continued vilification soon af
fected the excitable minds OF irresponsible
individuals, until he was inundated by a
flood of vulgar and threatening communion
tions which would have unnervcd a less
brave and courageous man. He soon
ceased either to read the press or his mail
and abs olutely declined to see or converse
with the horde of callers at his house. As a
matter Of fact, he was practically her
init from the hour he left the sittings OF
the commission one day until it met the
meals. That he exhibited a cour-
age not surpassed by any battlefield hero
can only be appreciated by those who knew
personally the bitterness Of the time That
tho threats against his life were not idle,
and that the anxiety of his family for his
personal safety was not exaggerated, be-
came evident when we found that detectives,
without solicitation or his knowledge. had
been detailed by the then Secretary of the
Navy to guard his house and his person.
Fearless in the execution OF the trust re-
posed in him, he had the satisfaction of
living long enough to see his conduct APP
proved by all fair-minded men and receive
the sanction of popular opinion in the con-
demnation Of Mr.. Tlden's cipher de-
spatch' methods and that gentleman's
permanent retirement to private life. But
among the many evidences of indorse-
ment received by him from all over the
country, none appealed TO him more than a
testimonial of confidence and approval
rendered him by the leading professional
and business men of his old home Newark,
Nj"
Here We have as good as the best au-
thority for saying that Justice Bradley was
put on this commission as its final arbter
"unjustly.' Why unjustly? Because he
was presented and advocated as a nom
partisan, whereas he was "by belief, by
association, by past history. as stanch a
Republican as any of those members of
the commission who were deliberately
selected by reason OF their known political
predictions.
The engineers who contrived this tribunal,
1t seems, knew when Judge Bradley con-
scented to act on that commission that its
deliberations were to be mere formalty
and that Hayes was already practically
counted in. whatever the number Of his
electoral votes. His son rightly says that
iAiS NNb iilhue tne' LIlHl ar
bitter on this commission. because he was
as stanch Republican as Morton of In
diana, as Garfield of Ohio or as Hoar of
Massachusetts.
That Mr.. Charles Bradley does not ex-
aggerete the partisan proclivities of his
parent is further disclosed in his expression
of the Judges "satisfa ction at living long
enough to see his conduct approved by all
fair minded men and receive the sanct ion
of popular opinion in the condemnation
OF Mr.. Tilden's cipher despatch methods
and that gentleman permanent retirement
to private life"
When, where or how MIR. Tilden's cipher
despatch" or any other Tilden method,
received popular condemnation from any
but those who. with wolfish Instincts,
were bent upon breaking into the White
House through the windows in fragrant
violation Of the Constitution, history has
preserved no intim!t ton, except in the
filial prediction of Mr.. Charles Bradley,
a revelation which would probably never
have got currency had his father been
where he could prevent it. In the
interests Of history. however, it is for
tunate to have this incontestible evidence
that the Justice was unjustiv selected, by
rea son Of his known political predilections
to serve as the final arbiter on a commits
sion where it was taken for gra nted, and
correctly, that the remaining fourteen
members were certain to vote according
to their political predictions and that
the responsibility for deciding who should
be President whould devolve exclusively
upon the Fifteenth.
But who 80 much as the Judge himself
was responsible for this injustice? Nobody
knew better than he that he was not what
the public had right to presume he was
selected to be- an impartial arbter, whose
only rule was always and under all cir
cumstances to ascertain, at whatever cost
of care and pains, the true and exact COM
mands OF the Constitution and the laws,
and implicitly obey them"
II be was not prepared to act upon this
rule, which he laid down for himself and
colleagues so empha tically in the Oregon
case, he had nothing to do but to decline it.
There was no reason why he or his family
should have grieved many minutes, OF at
all, indeed, that the lot had fallen to him.
hope am not uncharitable in ex-
pressing doubt whether the Judge grieved
80 much that this unjust lot had fallen to
him, as later at some of the consequences
Of having accepted it. to which his son 40
pitifully refers in the passage already cited.
His satisfaction at the part he played in
securing Mr. Tilden's permanent retirement