CHAPTER XXXV

RECONSTRUCTION: THE LAST ACT

We turn back to the course of national politics. The Republican triumph

of 1872 was followed by an overwhelming reverse at the Congressional

election of 1874. There was a growing impression of maladministration at

Washington. The Credit Mobilier scandal--the easy acceptance by

Congressmen of financial favors from the managers of the Union Pacific

Railway, followed by disingenuous denials--had especially discredited

the party in power. There had been a great financial reverse in 1873,

such as is always charged in the popular mind against the ruling powers.

The South had increased its Democratic vote. So from various causes, in

the new House the Republicans passed from a majority of one hundred to a

minority of forty; with New York, Pennsylvania, Ohio, and even

Massachusetts, in the Democratic column.

But the clique of bitter partisans and radicals, with whom President

Grant had become closely associated, if they took warning from the

election, drew the inference that they must make good use of the brief

time left them in the final term of the old Congress. While the

Louisiana imbroglio was still seething, the President sent a message, in

February, 1875, recommending that the State government of Arkansas be

declared illegal. It had held an unquestioned tenure for two years, and

the proposal to oust it was simply in the interest of its two Senators,

Powell Clayton and Stephen W. Dorsey, who belonged to the Grant faction.

At the same time there was brought forward a comprehensive measure,

popularly known as the "Force bill," bringing every form of violence or

intimidation of the blacks within the jurisdiction of the United States

courts; putting elections under supervision and control of the Federal

officials, and giving the President large power for the supervision of

the _habeas corpus_. Another long debated measure aimed at the fuller

enforcement of civil rights--a bill good in itself, said the moderate

Republicans; better if a part of a general pacification; but with its

present accompaniment it is "civil rights prodded in with bayonets." In

the Republican press of the country, and in the party in Congress as

well as the opposition, the battle over these measures was hot. The

administration organ in Washington gave big type and prominent display

to the paragraph: "The passage of the bill"--the Force bill--"is

required to preserve to the Republican party the electoral vote of the

Southern States." The President's personal influence was used to its

limits. Butler's unscrupulous tactics were all employed. But the weight,

if not the numbers, of the House Republicans, rose in opposition. Forty

of them, including Garfield, Dawes, the Hoars, Hawley, Hale, Pierce,

Poland, and Kasson, joined with the Democrats under the able leadership

of Samuel J. Randall. In the House, brains and conscience were beaten by

patronage; the bill went through. But it went no further,--in spite of

Morton and Conkling the Senate served again the useful function of

obstruction. The Arkansas bill was beaten in the House. Only the Civil

Rights bill became a law. Independence among Republicans had saved the

party from its most dangerous leadership.

It was perhaps this result, following the reverse of 1874, that

disinclined Grant to further interference in the South, and held his

hand when Governor Ames asked aid in Mississippi. The Louisiana business

had so shown the risks of Federal intervention in local affairs, that

even the best friends of the freedmen began to recognize that the

States were most safely left to themselves. But the sectional fires were

not left to die unfanned. When the new Congress met, 1875-6, the

Democrats showed themselves conservative enough. They chose two

excellent Northern men as speakers: Michael C. Kerr, of Indiana, and

upon his death Randall, of Pennsylvania; and they showed themselves

chiefly concerned to probe administrative abuses, which, in truth,

needed heroic surgery. But for these prosaic matters Blaine, now leader

of the opposition, substituted a far more lively tune, when a bill for

universal amnesty at the South was brought before the House. There was

no serious Republican opposition, but Blaine saw his opportunity,--he

moved that sole exception be made of Jefferson Davis, and on that text

he roused Northern passion by the story of Andersonville, goaded to

exasperation the "Confederate brigadiers" among his listeners, and made

himself most conspicuous for the time among the Republican leaders. He

eclipsed the foremost of the Grant clique, Morton and Conkling, who

after a little fruitless third-term talk were both hoping to be legatees

of the Grant influence in the approaching Presidential convention. But

at the eleventh hour a cloud swept over Blaine's prospects, in charges

of discreditable receipt of favors from railroads looking for political

aid. The testimony was conflicting, but Blaine's palpable seizure of his

own letters from a hostile witness was hardly outweighed even by his

spectacular vindication of his acts before the House. A sudden illness

stopped the investigation; and later his transference to the Senate

postponed its renewal until it frustrated his ambition in 1884. The

convention in 1876 met at Cincinnati, with Blaine the favorite, and

Morton and Conkling dividing the Grant strength. The reform element, led

by George William Curtis, supported Benjamin F. Bristow, of Kentucky,

who had made an honorable record as Secretary of the Treasury, by

attacking powerful rings, which through their connection with the

President's friends succeeded in driving Bristow out of office. The

choice of the convention fell on Rutherford B. Hayes, Union general,

governor of Ohio, leader of a State campaign in 1875 which had been a

decisive victory for sound money, and a man highly acceptable to the

reformers. Against him the Democrats nominated Samuel J. Tilden, of New

York, a statesman in his aims and the craftiest of politicians in his

means; tolerant of Tammany Hall while it was a necessary factor

in the party, but leader in the fierce and skilful assault which

drove the Tweed ring from power. As Governor he had attacked

and routed a formidable gang of plunderers connected with the canal

management. On the issues which to thoughtful men were becoming

paramount,--administrative reform and sound finance,--he offered as good

promise as did Governor Hayes.

The two men, and the elements supporting them, stood for the new

politics instead of the old,--the replacement of the war issues and

their sequels by the matters of clean administration, sound currency,

and interests common alike to the whole nation. But the Republican

leaders found their best campaign material in what the slang of the time

called "waving the bloody shirt,"--reviving the cry of abuse of the

freedmen, suppression of the negro vote, and the need of national

protection for the nation's wards. It was out of keeping with Hayes's

record, and with his later performances,--but he let the campaign take

its way, and the sectional temper that was roused provided the

atmosphere in which the next act of the drama was played.

Election day came: the returns indicated the election of Tilden;

Democrats went to bed jubilant and Republicans regretful. Then, just

before the night-editor of the New York _Times_ put his paper to press

at 3 A.M., he noticed that the returns from South Carolina, Louisiana,

and Florida were hardly more than conjectural, and, on the chance of

making his tables more complete, he sent a neighborly inquiry to the

Republican headquarters as to whether they had definite returns from

those States. The inquiry came to the ears of a little knot of the party

managers, among them Zachariah Chandler, chairman of the national

committee. He caught at it,--"the Democrats are not sure of those

States,--we have a chance." Instantly--so the story goes--he sent

dispatches to the party managers in the three States, "Claim

everything." So they did--and so did he. Next morning, following the

first announcement of Tilden's election, came the assertion that the

Republicans had carried South Carolina, Louisiana and Florida--which

would give Hayes a majority of one vote in the electoral college. All

hung on the vote in those three States,--no, on the counting of the

votes! The returning-board of Louisiana, which had before been so

useful, was in full working order; Florida was similarly equiped; South

Carolina was in much the same case. The boards had authority to throw

out the entire vote of districts where there was proof that intimidation

had tainted the election. The business of merely counting the votes

might be supplemented by the operation of throwing out enough districts

to leave the prize with the party that did the counting. It soon

appeared that the returning boards could be trusted by their friends.

With all reasonable speed, they threw out enough votes to give all the

doubtful States to Hayes. In each of these States an indignant and

protesting opposition sent in a counter set of returns giving the

electoral vote to Tilden. And any one of the three States would be

enough to insure Tilden's election.

The controversy extended to the state governments--in South Carolina,

both Wade Hampton and Chamberlain claimed the Governorship, and each

had a Legislature organized to support him. The case was the same in

Louisiana, with Nichols and Packard. President Grant refused recognition

or active support to either party; but United States troops kept the

peace, and their presence prevented the Democratic claimants from

summarily ousting their opponents.

The whole country was in a storm of excitement. The returning-boards had

done their counting,--but who was to judge the judges? Who was to decide

which of the returns of Presidential electors were the valid ones? They

were to be passed on by the two Houses of Congress in joint session. But

the Senate was Republican, the Representatives were Democratic,--what if

they disagreed as to the returns? The President of the Senate is to

decide, claimed the Republicans,--on very slender grounds, it must be

said. The House of Representatives, said the Democrats,--with more

plausible yet doubtful argument. The deadlock was alarming. Then the

emergency was met with a self-control, a resourcefulness and efficiency,

worthy of the best that is claimed for the American character. By

general agreement of the moderate men of both parties, a special

tribunal was constituted for the occasion. It consisted of five

Senators, five Representatives, and five Justices of the Supreme Court.

The Congressmen were evenly divided between the two parties. The

justices were two and two, with the fifth place assigned to David Davis,

an independent. It was an ideal division. But at the critical moment,

Davis was chosen by the Illinois Legislature to the Senate, so that he

could not act. As a substitute, Justice Joseph Bradley, was put on the

commission. He was a Republican, but in the generous temper which had

risen to meet the emergency, there was a general feeling that party

lines would be forgotten by the tribunal. The commission consisted of

Justices Bradley, Miller, Strong, Field and Clifford; Senators Edmunds,

Morton, Frelinghuysen, Bayard and Sherman; Representatives G. F. Hoar,

Garfield, Payne, Hunton and Abbott.

The two Houses proceeded to count the electoral votes in the usual form,

and whenever the return was contested the case was referred to the

commission and debated before it. Each side had its ablest lawyers to

plead; for the one party, Evarts, Kasson, McCrary, Stoughton and

Matthews; for the other, O'Conor, Black, Field and Tucker. The

commission then made its decision; and the result was reported to the

two Houses for their acceptance. In the pleading, the Republicans took

their stand on legality and the Democrats on equity. The Democrats

claimed as the question at issue, For whom did the majority of the

people of the State give their votes? The Republicans made it, Whom does

the official authority of the State certify as elected? When the

commission came to vote, on the preliminary questions, it was apparent

that the party line was just as rigid among its members as between the

advocates who pled. And it was clear that the Republicans stood upon the

narrowest possible construction of the case before them. For example, in

the case of Louisiana, it was moved, first, that evidence be admitted

that the returning body was an unconstitutional body and its acts void.

No, said the Republican eight. Moved, next, that evidence be admitted

that the board was illegal because its acting members were all of one

party,--No. Moved, that evidence be admitted that the board threw out

votes dishonestly and fraudulently,--No. In each case, the Republican

eight refused to look a hair's breadth beyond the governor's seal to the

returning board's certificate. In the same way they dealt with Florida

and South Carolina.

Tilden's friends had contrived an ingenious scheme to put the commission

in a dilemma. They had managed that there should be two returns from

Oregon,--a Republican State where one of the three electors chosen was

claimed to be disqualified,--the return bearing the Governor's seal

naming one Democrat along with two Republican electors. They argued,

Sauce for the goose is sauce for the gander; if the Governor's seal is

taken as settling everything, we gain the one electoral vote we need;

if, confronted by the Oregon case, the commission decide that they may

go back of the governor's seal,--that opens the three Southern States to

our rightful challenge. But the commission, or its Republican members,

were not to be so easily posed; in the case of Oregon, they accepted the

seal of the Secretary of State, certifying the three Republicans. As the

Springfield _Republican_ bluntly put it, "The electoral commission

decided that there was no way of recovering the stolen goods in the

Louisiana case; it has found a way of restoring the Oregon vote to its

rightful owner."

That the goods were stolen, at least in Louisiana, there can scarcely at

this day be any doubt. Whether the commission did its duty in declining

to investigate and right the wrong may be debated, but the judgment of

history will probably say that neither equity nor statesmanship, but

partisanship guided the decision. Undoubtedly in Louisiana, and probably

in Florida, the returning board deliberately threw out some thousands of

votes for no other reason than to change the State's vote, and the

Presidency. The commission refused to correct or even investigate the

wrong, on the plea of scrupulous respect for State rights. A great

victory for the principle of local rights, argues Senator Hoar in his

autobiography. Possibly. But it is also open to say, that the general

government having tolerated and supported an iniquitous local oligarchy,

a special and supreme tribunal of the nation allowed that oligarchy to

decide the Presidency by a fraud.

The popular judgment of the matter at the North was largely affected by

the belief that the frauds of the Republicans were offset by

intimidation on the part of the Democrats. In various parts of the

South, notably in Mississippi and South Carolina, and probably in

Louisiana, there was a wide terrorizing of the negro Republicans. "One

side was about as bad as the other," was a common feeling. A year or two

later, the New York _Tribune_ unearthed and translated a number of

cipher telegrams, which disclosed that while the dispute over the result

was going on, agents high in the confidence of the Democratic leaders

made efforts to buy up a returning board or a presidential elector. So

both parties were badly smirched, and the election and its sequel

furnished one of the most desperate and disreputable passages in

American politics.

Yet the better sentiment of the country, triumphant in the creation of

the commission, but baffled by its partisan action, shone clear again

when the decision was deliberately and calmly accepted by the beaten

party. Congress had reserved to itself the power to reverse by a

concurrent vote of both Houses the commission's decision upon any State.

But each decision was accepted by a party vote, except that in the case

of Louisiana two Massachusetts Republicans, Julius H. Seelye and Henry

L. Pierce, spoke and voted against their party. But when the final count

gave a majority to Hayes, the formal declaration of the result was

supported by all save about eighty irreconcilables, chiefly Northern

Democrats, who were overborne in a stormy night session. It had become

simply a question between order and anarchy, and the party of order, by

a strange chance, was led for the occasion by Fernando Wood, the

"copperhead" of earlier days. For the body of the Southern Democrats,

Henry Watterson spoke manly words, accepting the inevitable with

resolution and dignity. But among the influences that weighed with the

Southern Congressmen was the assurance from Hayes's friends that as

President he would make an end of military interference in the South. In

the giving of the assurance there was nothing unworthy, for the

withdrawal of the troops was dictated by the whole logic of recent

events, and was in keeping with Hayes's convictions.

So, quickly following the inauguration of President Hayes came the

withdrawal of the blue-coats from South Carolina and Louisiana and the

Republican State governments tumbled like card houses. Nicholls took the

governorship in New Orleans and Hampton in Columbia. But it was not by

this act alone that the new President inaugurated a new régime. He

called to his Cabinet as postmaster-general, David M. Key, of Tennessee,

who had fought for the Confederacy. Schurz, liberal and reformer of the

first rank, was given the department of the interior. Evarts in the

State department; Devens, of Massachusetts, as attorney-general; Sherman

in the treasury, to complete the work of resumption; McCrary, of Iowa,

and Thompson, of Indiana, for the war and navy; and Blaine, Morton,

Conkling, Chandler,--nowhere. The administration went steadily on its

way, little loved by the old party chiefs; under some shadow from the

character of its title; but doing good work, achieving resumption of

specie payments; ending the administrative scandals which had grown

worse to the end of Grant's term; reforming the civil service. It was a

peaceful and beneficent revolution, and in its quiet years the Southern

turmoils subsided, and for better or for worse South Carolina and

Mississippi worked out their own way as New York and Ohio worked out

theirs.

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