Year: 1877

small Hopes for n, Impartial Decision,
New York Herald


For the first time In our history we
have an American Warwick. We dare
say that no man in the country Is more
surprised than Mr.. Justice Bradley In
finding himself invested with the stu
pendous power Of deciding by his indi-
vidual action who shall be the next
President OF the United States. There
was. indeed, q possibility that the de-
cision OF this great question might rest
In his hands from the moment Of his
selection as the fifth member of the Su-
preme Court section OF the Commission :;
but. such Q contingency seemed i'm
probable. It was hardly to be sup
posed that a tribunal so select In
It's composition. 80 largely con-
sisting OF members of our most
august judicial tribunal, SO restrained
by high sense Of responsibility, and
solemnly sworn to 'impartialfy ex-
anime and consider all questions sub
mitted to the Com mission" that body
OF statesmen and jurists so eminent for
character, and bound by so impressive
an oath, would act and vote as partisans
In q controversy Of such magnitude and
dignity. Among the last things ex-
pected from this high and responsible
tribunal was decision on strict party
line In every vote. It was confidently
believed that the odd member, the fifth
Judge selected from the Supreme Court,
would always be supported by such o
number of his fellow Judges and of
other members Of the Commission that
no decision would depend on his soIi-
tary vote. It was desirable. as q
means OF satisfying the public mind
that the decisions reached by the Com
mission should not rest on divisions by
party line. But the first important
vote showed that this was delusion.
1t then became evident that the four
teen members first appointed would act
throughout as thick-and-t partisans,
seven persistently standing by the claim
OF Hayes, the other seven by the claim Of
Tilden, and that the fifteenth member
holds in his single hand the power to
determine who shall be the next Presi-
dent. From the moment that 1t be-
cane evident that the ten Senators and
Representatives and the first four judges
would vote as staunCh partisans on
every question, standing uniformly
seven against seven, from that II oment
It was apparent that Justice Bradley Is
invested with an amount Of political
power to which there has never
been parallel in the history Of
the United States nor of any other
republic. Judge Bradley will turn the
scale in every vote Of the long series by
which the final result is to be reached.
Thus far he has voted with the Repub-
licans in every essential and with the
Democrats In every non essential ques-
tion. The fact that he is Republican
himself creates presumption that he
will pursue similar course throughout.
How can he be expected to act with more
elevation and impartiality than the other
Supreme Court judges who are mem
bers OF the commission To be sure,
public attention is more strongly d.
rected to him as possessing the decid-
ing power. and he has recognized the
popularity OF his position by voting
twice with the Democrats on minor
points ; but on all the questions which are
really essential Judge Bradley has thus
far voted with the seven staunch Repub-
licans and turned the scale In their IA
vor. That he will pursue this course to
the end there is no good reason to
doubt. It Is still in his power to make
Mr.. Tilden President by voting with the
Democrats on the Louisiana case or on
the Oregon case. He can, but will he?
The Democrats must be In q wonder
fully sanguine mood IL they expect any
thing OF the kind.


The decision Of the commission In the
Florida case Is precisely what all sound
judges anticipated from the moment
that o majority voted for the order to
exclude evidence not contained In the
certificates. The exclusion of all facts
which lie behind the official attestations
was virtual decision in favor OF the
Hayes electors, and the only wonder Is
that the Democrats thought their
chance in Florida worth any further
contest after the commission had ruled
out all the evidence on which they had
intended to rest their claim.


The Democrats, after this decisive de-
feat In the first battle, have little hope
In the two which are to follow. The
Louisiana case has, indeed, some Pc
culiar features which distinguish it
from that OF Florida; but those features
Gratis have heretofore rested their
hopes. Their case, as they had gotten
1t up, consisted OF q great mass Of evil
dence which went behind the action OF
the Returning Board. Not a particle
of that evidence will be received by the
Commission. and the order which rules
it out spikes all the guns OF the great
Democratic battery. Nothing Is left
for them but to dispute the legal
ity OF the Returning Board and the
eligibility of two OF the Hayes
electors. There is little chance Of
their convincing Judge Bradley
on either OF these points, and nobody
doubts that the other seven Republi-
cans will steadily vote against them.
Had the Louisiana Returning Board
counted In the Tilden electors the Dem
ocratic party would not have contested
Its legality. The two electors who had
held Federal Offices resigned previous
to the 9Th December, the day on which
they were appointed by the Electoral
College to fill vacancies. With these
grounds to stand upon it Is certain that
the other seven Republicans, and proba-
BILE that Judge Bradley also, will vote
to give. all the electoral votes Of Louisi-
ana to Hayes. Had Judge Davis in
stead Of Judge Bradley been selected
as the fifth member from the Supreme
Court the result might be differ