CHAPTER IV

ATTEMPT TO REOPEN THE QUESTION OF THE TITLE TO

THE PRESIDENCY

In general the determination of the title to the Presidency

was acquiesced in in a manner highly creditable to the people.

The Democratic party submitted to their disappointment in

a manner which was on the whole exceedingly praiseworthy.

This was due very largely to the influence of Mr. Lamar,

of Mississippi, and I suppose to that of Mr. Bayard, of Delaware.

But there were not wanting persons who were willing to revive

the question for political advantage, whatever the effect

upon the public tranquillity. On May 13, 1878, when the President

had been for more than a year in the quiet possession of his

office, Mr. Clarkson N. Potter, of New York, introduced in

the House of Representatives a resolution for the appointment

of a Committee to investigate alleged frauds in the States

of Louisiana and Florida, in the recent Presidential election.

This resolution was adopted by the House, in which every

possible parliamentary method for its defeat was resorted

to by the Republican minority. The Republicans were exceedingly

alarmed, and the proceeding seemed likely to create a financial

panic which would disturb and injure the business of the country.

Shortly after Mr. Potter's committee was appointed, it was

expected that a report would be made denying the validity

of President Hayes's title, and that the Democratic House

of Representatives would be advised to refuse to acknowledge

him as President. This would have thrown the Government into

great confusion and would have made a square issue. A caucus

of Republican Senators was held, and the following gentlemen

were appointed a Committee, with directions to report what

action, if any, ought to be taken in the Senate in the matter:

Mr. Edmunds, Mr. Howe, Mr. Conkling, Mr. Allison, Mr. Sargent,

Mr. Ingalls, Mr. Oglesby, Mr. Jones (of Nevada), Mr. Christiancy,

Mr. Blaine, Mr. Hoar.

I was requested by my associates to prepare an address to

the people, to be signed by the Republican Senators, arraigning

the Democratic leaders for their unjustifiable and revolutionary

course, and pointing out the public danger. The Committee

had a second meeting, when I read to them the following address,

which I had prepared and which I still have in my possession:

"Our sense of the presence of a great public danger makes

it our duty to address you. We are satisfied that the leaders

of the Democratic Party meditate an attack on the President's

possession of his office, the results of which must be the

destruction of the reviving industries of the country, civil

confusion and war. There has been difference of opinion whether

the count of the electoral vote, which under the Constitution

determines the President's title, must be made by the two

Houses of Congress, or by the President of the Senate in their

presence. In the count of electoral votes, which resulted

in the declaration of the election of President Hayes, both

methods concurred, the action of the two Houses being in accordance

with a law regulating their proceedings, enacted in the last

Congress to meet the case by large majorities of both branches.

The title of President Hayes, therefore, not only rests upon

the strongest possible Constitutional sanction, but the honor

of both the great parties in the country is solemnly pledged

to maintain it.

"Yet the Democratic majority in the House of Representatives

has set on foot a proceeding, which they call an investigation,

intended, if they can get control of the next Congress, to

pave the way for the expulsion of President Hayes, and the

seating of Mr. Tilden in his place. It will be the President's

duty to maintain himself in office, and the duty of all good

citizens to stand by him. The result is Civil War.

"We know that many Democratic Senators and Representatives

disclaim in private the purpose we attribute to their leaders,

and denounce the wickedness and folly of an attempt to set

aside the accepted result of the last election of President.

You doubtless know that many of your Democratic neighbors

give you the same assurance. Be not lulled by these assurances

into a false security. He is little familiar with the history

of that party who does not know how its members follow in

compact columns where its leaders point the way. Like assurances

preceded the repeal of the Missouri Compromise. Like assurances

on the part of many Democrats at the South preceded the late

rebellion. Such convictions on the part of the Democrats,

however honest or earnest, of the danger and dishonor of the

proceedings just inaugurated found expression in but a single

dissenting vote in the House of Representatives.

"They say that they believe that the result in two of the

States was accomplished by fraud. We believe, on the other

hand, that those States, and others whose votes were counted

for Tilden, were strongly Republican, and would have been

counted for Hayes without a question, but for violence and

crime. The Constitution provides the time, place and manner

in which these contentions must be settled. They have been

so settled as between Hayes and Tilden, and it is only by

usurpation and revolution that a subsequent Congress can undertake

to reopen them. You know how easily party majorities persuade

themselves, or affect to persuade themselves, of the existence

of facts, which it is for their party interest to establish.

"At the end of his four years the President lays down his

office, and his successor is chosen. The people have in their

hands this frequent, easy and peaceful remedy for all evils

of administration. The usurpation by Congress of the power

to displace a President whenever they choose to determine

that the original declaration of the result of an election

was wrong, on whatever pretence it is defended, is a total

overthrow of the Constitution.

"If you would ward off this blow at the national life, you

have one perfect means of defence, the election of a Republican

majority in the next House of Representatives."

When they had all agreed to it, Mr. Conkling, a member of

the Committee who had not attended the previous meeting,

came in late. The document was read to him. He opposed the

whole plan with great earnestness and indignation, spoke with

great severity of President Hayes, and said that he hoped

it would be the last time that any man in the United States

would attempt to steal the Presidency. Mr. Conkling's influence

in the Senate and in the country was then quite powerful.

It was thought best not to issue the appeal unless it were

to have the unanimous support of the Republicans. But the

discovery of some cipher dispatches, implicating some well-

known persons, including one member of Mr. Tilden's household,

in an attempt to bribe the canvassing boards in the South

and to purchase some Republican electors in the South and

one in Oregon, tended to make the leading members of that

party sick of the whole matter. President Hayes served out

his term peacefully and handed over the executive power, not

only to a Republican successor, but to a member of the majority

of the Electoral Commission. So it seems clear that the bulk

of the American people had little sympathy with the complaints.

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