THE HAYES-TILDEN CONTEST. THE ELECTORAL COMMISSION
Although the action of the returning boards in South Carolina,
Louisiana, and Florida, gave Mr. Hayes a majority of one vote in the
Electoral College, the Democrats, who were largely in the majority in
the National House of Representatives, were evidently not willing to
acquiesce in the declared result,--claiming that Mr. Tilden had been
fairly elected and that he ought to be inaugurated.
Hon. Henry Watterson, of Kentucky,--who was at that time a member of the
House,--delivered a fiery speech in which he declared that a hundred
thousand armed men would march to Washington to see that Mr. Tilden was
inaugurated. The situation for a while looked very grave. It seemed as
if there would be a dual government, Hayes and Tilden each claiming to
be the legally elected President. To prevent this was the problem then
before Congress and the American people. Conferences, composed of
influential men of both parties, were being frequently held in different
parts of the city.
The creation of an electoral commission to pass upon and decide the
disputed points involved was finally suggested, and was accepted by a
majority of both parties. The name of the originator of this suggestion
has never been made public; but it is believed by many that Senator
Edmunds, of Vermont, was the man, since he was the principal champion of
the measure in the Senate. Subsequent events appeared to indicate that
Hon. Wm. M. Evarts of New York, was also an influential party to the
scheme, if not the originator of it. At any rate, no one seemed to have
been sufficiently proud of it to lay claim to its paternity. It was
merely a temporary scheme, intended to tide over an unpleasant, and
perhaps dangerous, condition which existing remedies did not fully meet.
It was equivalent to disposing of the Presidency by a game of
chance,--for the composition of the proposed commission was,
politically, purely a matter of chance.
As finally agreed upon, the measure provided for a commission to be
composed of fifteen members,--five from the House, five from the Senate,
and five Justices of the Supreme Court. As the Democrats had a majority
in the House, it was agreed that they should have three, and the
Republicans two of the five members of that body. Since the Republicans
had a majority in the Senate it was agreed that they should have three,
and the Democrats two of the five members of that body. Of the five
justices of the Supreme Court, two were to be Republicans and two,
Democrats; the fifth Justice to be an independent,--or one who was as
near an independent as could be found on the bench of that Court.
When the bill creating this commission came before the House I spoke
against it, and voted against it, for two reasons. In the first place, I
believed it was a dangerous precedent to subject the Presidency of the
United States to such a game of chance as was contemplated by the bill
then under consideration. Either Hayes or Tilden had been elected, and
the result ought to be ascertained according to legal forms. In the
second place, I had a suspicion that it was the outgrowth of an
understanding or agreement which would result in the abandonment of
Southern Republicans by the National Administration.
Mr. Lamar, for instance, did not hesitate to declare that it was more
important that the South should have local self-government than that the
President should be a Democrat. In other words, what Southern Democrats
wanted was to be let alone,--was to have the National Administration
keep its hands off, and allow them to manage their own affairs in their
own way, even if that way should result in a virtual nullification, in
part at least, of the War Amendments to the Federal Constitution.
I had a suspicion that this concession had been granted upon condition
that the southern Democratic leaders in Congress would consent to the
creation of the proposed commission, and to the ratification of its
decision, whatever that decision might be. To such a bargain I did not
care to be even an innocent party. My suspicions were strengthened by
the fact that the principal opposition among Democrats to the creation
of the commission and to the ratification of its decision came from
northern Democrats. Southern Democrats, with a few notable exceptions,
not only favored the creation of the commission and the ratification of
its decision, but even the fiery Watterson was induced to hold his peace
and to give expression to his righteous indignation through the medium
of a silent vote. That my suspicions were well founded subsequents
events more than demonstrated. I took the position that Mr. Hayes had
been legally elected, at least according to the forms of law and in the
manner prescribed by the Constitution,--and that he should, therefore,
be duly inaugurated even if it should be necessary for President Grant,
as Commander-in-chief of the Army, to use the military force of the
Government for that purpose. I contended that, having been thus legally
elected, Hayes should not be subjected to the chance of losing his title
to the office and that the incoming President should not be bound by
any ante-inauguration pledges, which, in the opinion of some, would have
a tendency to cast a cloud upon his title to the office. But the bill
was passed and the commission was duly appointed.
At this point the game of chance turned in favor of the Republicans. It
was generally understood that Justice David Davis, of Illinois, would be
the fifth Justice to be placed on the commission. He was said to be an
Independent,--the only member of the Supreme Court that could be thus
classed politically. But, in point of fact, he was more of a Democrat
than an Independent. Had he been made a member of the commission it is
more than probable that Mr. Tilden, and not Mr. Hayes, would have been
made President. The Legislature of Illinois was at that time engaged in
an effort to elect a United States Senator. The Legislature was composed
of about an equal number of Republicans and Democrats,--three
Independents holding the balance of power. The Independents at length
presented the name of Justice David Davis as their choice for Senator.
In order to make sure of the defeat of a Republican, the Democrats
joined the Independents in the support of Justice Davis, which resulted
in his election. This took place only a few days before the time
appointed for the selection of the commissioners.
As soon as it was announced that Justice Davis had been elected to the
Senate the Republican leaders in Congress insisted that he was no
longer eligible to a seat on the Electoral Commission. This was at first
strongly combated by the Democrats, who contended that the Justice was
only a Senator-elect, and that he did not cease to be a member of the
Court until he tendered his resignation as such; this he was neither
required nor expected to do until shortly before the beginning of his
term as a Senator. But the Republicans pressed their objections so
strongly that the Democrats were induced to yield the point, and Justice
Bradley was selected as the fifth Justice. Next to Davis, Bradley came
as near being an Independent as any member of the Court. Although he had
been appointed as a Republican by President Grant,--as had Justice Davis
by President Lincoln,--yet he had rendered several decisions which gave
the Democrats hope that he might give the deciding vote in their favor
and thus make Mr. Tilden President. In this they were disappointed; for
it turned out that the substitution of Bradley for Davis made Hayes
President of the United States. It would, perhaps, be unfair to say that
the decisions of the commission were rendered regardless of the
evidence, the law, and the arguments, yet it so happened that every
important point was decided by a strict party vote,--eight to seven.
In this connection it will not be out of place to refer to a scene that
was created on the Democratic side of the House by Hon. Ben. Hill, of
Georgia. Mr. Hill entered the House one afternoon, having just returned
from the Supreme Court Chamber, where the commission was in session. He
remarked to one of his colleagues in a low tone that he had just
returned from where the sessions of the commission were being held, and
that while there the important and valuable information had been
imparted to him that on a most vital point the Democrats could with
absolute certainty depend upon the vote of Mr. Justice Bradley.
"Can that be possible?" exclaimed his excited and highly elated
colleague.
"Yes," replied Mr. Hill, "there can be no doubt about it. I know whereof
I speak. It came to me through a source that cannot be questioned."
"Then wait until I can call several of our friends," replied his
colleague, "I want them to hear the good news at the same time it is
heard by me, so that we can rejoice together."
Mr. Hill was soon surrounded by an eager, excited, and interested group
of anxious Democratic members. "We are now ready," said his delighted
colleague, whose face was covered with a smile of satisfaction, "to hear
the good news."
"Well," replied Mr. Hill, whose manner was grave and whose countenance
gave every evidence of deep emotion, "whenever a motion to adjourn is
made by a Democratic member of the commission we can safely depend upon
the vote of Mr. Justice Bradley being cast in the affirmative."
The heads of the anxious group immediately fell in deep disappointment
and despair. But, of course, they did not fail to see the irony of Mr.
Hill's remark. It did transpire that whenever a motion to adjourn was
made by a Democratic member of the commission it was usually carried by
a vote of eight to seven,--Mr. Justice Bradley voting in the affirmative
with the Democrats. On no other question, however, could they depend on
his vote.
The decision of the Electoral Commission was finally rendered in favor
of Mr. Hayes by a strict party vote,--eight to seven. Strong and bitter
opposition to the approval of the decision was made in the House by
quite a number of northern Democrats, but the majority of southern
Democrats, aided by such northern Democrats as represented districts
having large commercial interests,--interests that are at all times
willing to pay any price for peace,--accepted the decision, and Mr.
Hayes was allowed to be peacefully inaugurated.