CHAPTER II

IN PRESIDENT GRANT'S TIME

Aside from President Lincoln, the most prominent personality on the

northern side during the latter part of the Civil War was General

Ulysses S. Grant. His successes in the Mississippi Valley in the

early days of the war, when success was none too common, his capture

of Vicksburg at the turning point of the conflict, and his dogged

drive toward Richmond had established his military reputation. When

the drive toward Richmond resulted at last in the capture of Lee's

army and its surrender at Appomattox, the victorious North turned

with gratitude to Grant and made him a popular idol, while the

politicians began to question whether his popularity might not be put

to account in the field of politics.

Grant himself had never paid any attention to matters of government.

In only one presidential election had he so much as voted for a

candidate, and then it was for a Democrat, James Buchanan. In 1860 he

was prevented from voting for Senator Stephen A. Douglas and against

Abraham Lincoln only by the fact that he had not fulfilled the

residence requirement for suffrage in the town where he was living.

Nevertheless in his capacity as general of the army his headquarters

after the war were in Washington and his duties brought him into

contact with the politicians and eventually entangled him in the

controversy between the President and Congress. Circumstances at

first threw him into close association with Johnson, but at the time

of the Stanton episode late in 1867 a misunderstanding arose between

them which developed into a question of veracity, and then into open

hostility. The opponents of the President took up the General's case

with alacrity and from then on the popular hero was looked upon as

the inevitable choice for the next Republican nomination.

The convention of the National Union Republican Party, as it was

called at that time, was held in Chicago, May 20, 1868, during the

interval between the votes on the eleventh and second charges of the

impeachment of President Johnson. General Grant was unanimously

nominated for the presidency and Schuyler Colfax, Speaker of the

House of Representatives, for the second place on the ticket. The

platform portrayed the benefits of radical reconstruction and

defended negro suffrage in the South. In the North at that time the

black was commonly denied the vote--the Fifteenth Amendment having

not yet been ratified--and the convention accordingly declared that

the question of suffrage in all the "loyal" states properly belonged

in the states themselves. Other planks asserted that the public debt

ought to be paid in full, that pensions for the veterans were an

obligation and that immigration ought to be encouraged. The

administration of President Johnson was denounced and the thirty-five

senators who voted for his conviction in the impeachment trial were

commended.

The Democrats met at Tammany Hall in New York on July 4. Their

platform approved the pension laws, advocated the sale of public land

to actual occupants, praised the administration of President Johnson,

arraigned the radicals and declared the reconstruction acts

"unconstitutional, revolutionary, and void." If the radical party

should win in the election, the Democrats asserted, the result would

be "a subjected and conquered people, amid the ruins of liberty and

the scattered fragments of the Constitution." The regulation of the

suffrage, one plank declared, had always been in the hands of the

individual states. The most prominent place in the platform, however,

was given to the question of the public debt. Part of the bonds

issued during the war had, by acts of Congress, been made payable

in "dollars," a word which might mean either paper dollars or gold

dollars. Paper, however, was much less valuable than gold, times were

hard, and many people held the opinion that the debt could properly

be paid in paper. Such was the "Ohio idea," which was made part of

the Democratic platform.

The choice of a candidate required twenty-two ballots. Early trials

indicated the strength of George H. Pendleton, popularly known as

"Gentleman George" and the chief exponent of the "Ohio idea." Johnson

also had support. Chief Justice Salmon P. Chase, having failed to

obtain the Republican nomination, allowed it to be known that he was

willing to become the Democratic candidate. At length, on the

twenty-second ballot, a few votes were cast for Governor Horatio

Seymour of New York, the chairman of the convention. The move met

with enthusiastic approval, despite Seymour's insistence that he

would not be a candidate, and he was unanimously chosen.

[Illustration:

Popular vote in presidential elections, 1868-1896]

The developments of the campaign depended largely upon occurrences in

the South. Military reconstruction had not been wholly completed in

Virginia, Mississippi, Texas and Georgia. The last of these states

had once been readmitted to the Union, but had immediately expelled

the negro members of its legislature, and was thereupon placed again

under military rule. The Ku Klux Klan was meanwhile in general

operation throughout the South and its activities, both real and

imaginary, received wide advertisement in the North. Public interest,

therefore, in the underlying issues of the campaign centered upon the

attitude of the candidates toward the southern question. General

Grant was understood to be with the radicals and Seymour with the

conservatives. The result of the election was the choice of the

Republican leader by an apparently large majority. He carried

twenty-six out of thirty-four states, with 214 out of 294 electoral

votes, but he received a popular majority of only 300,000. Examination

of the returns indicated a strong conservative minority in many of the

solid Republican states. The strength of the radicals in the South,

moreover, was due, in the main, to negro-carpetbag domination, and when

these states should become conservative, as they were sure to do, the

political parties would be almost evenly divided.[1]

The man who was now entering upon his first experience as the holder

of an elective office had risen from obscurity to public favor in the

space of a few years. Although a graduate of West Point, with eleven

years of military experience afterward, his career before 1861 had

been hardly more than a failure. He had left the army in 1854 rather

than stand trial on a charge of drunkenness; had grubbed a scanty

living out of "Hard Scrabble," a farm in Missouri; had tried his hand

at real estate, acted as clerk in a custom-house and worked in a

leather store at $800 a year. Then came the war, and in less than

three years Grant had received the title of Lieutenant-General, which

only Washington had borne before him, and had become General-in-Chief

of all the armies of the United States. Always an uncommunicative

man, he kept his own counsel during the interval between his election

and his inauguration. He saw few politicians, asked no advice about

his cabinet, sought no assistance in preparing his inaugural address

and made no suggestions to the leaders of his party concerning

legislation that he would like to see passed. His first act, the

appointment of his cabinet, caused a gasp of surprise and dismay.

Most of the men named were but little known and some of them were not

aware that they were being chosen until the list was made public. The

Secretary of State, Elihu Washburne, was a close personal friend, and

was appointed merely that he might hold the position long enough to

enjoy the title and then retire. He was succeeded by Hamilton Fish,

of New York, who proved to be a wise choice. The Secretary of the

Treasury was A.T. Stewart, a rich merchant of New York, but he had to

withdraw on account of a law forbidding any person "interested in

carrying on the business of trade or commerce" to hold the office.

The Secretary of the Navy, A.E. Borie, was a rich invalid of

Philadelphia, who had almost no qualifications for his office and

resigned at once. Better appointments were former Governor J.D. Cox,

of Ohio, as Secretary of the Interior, and Judge E.R. Hoar, of

Massachusetts, as Attorney-General.

When the Congress elected with Grant assembled in 1869 its first act

was a measure providing for the payment of the public debt in coin.

Part of the Tenure of Office Act was repealed, the President having

indicated his opposition to it. On the southern question General

Grant had earlier inclined toward moderation, but radical counsels

and the logic of events led him to join Congress in the passage of

the enforcement act and the Ku Klux Act, both of which have already

been mentioned.

It was during this, the first year of Grant's administration, that

there occurred the famous gold conspiracy of 1869. Jay Gould and

James Fisk, Jr., two of the most unscrupulous stock gamblers of the

time, determined to corner the supply of gold and then run its market

price up to a high level, in order to further certain interests which

they had recently purchased. The likelihood that the conspirators

could carry out the plan depended largely on the Secretary of the

Treasury, George S. Boutwell, who was accustomed to sell several

millions of dollars' worth of gold each month. If the sales could be

stopped Gould and Fisk might be successful. Accordingly, they got on

friendly terms with the President through cultivating the acquaintance

of his brother-in-law, were seen publicly with him at the theatre and

other places, and subsequently he wrote to the Secretary expressing

his opinion that the sales had better stop. Gould apparently was

informed of this decision by the brother-in-law, even before the

message reached the Secretary, and immediately bought up so much gold

as to run the price to an unparalleled figure. This was on "Black

Friday," September 24. The Secretary became alarmed, rumors were abroad

that the administration was implicated in the conspiracy, and at noon,

after consultation with the President, he decided to place four

millions in gold on the market. At once the price dropped, brokers went

bankrupt, and Gould and Fisk had to take refuge behind armed guards to

save their lives. The President had not been a party to the plans of

the speculators, but his blindness to their real purposes and his

association with them during the period when their scheme was being

perfected made him a target for all manner of accusations.

Further astonishment was caused by the attitude of the President toward

two of the three really able men in his cabinet. In June, 1870, he

suddenly called for the resignation of Judge Hoar. It appeared that he

was seeking votes in the Senate for a treaty in which he was interested

and that certain southern members demanded the post of attorney-general

for a southern man in return for their support. Secretary Cox's

resignation came soon afterward. He had taken his department out of

politics, had furthered the cause of civil service reform and had

protected his employees from political party assessments. These acts

brought him into collision with the politicians, who had the ear of the

President, and Cox had to retire. Both Hoar and Cox were succeeded by

mediocre men.

The treaty which caused the removal of Secretary Hoar was one that the

President had arranged providing for the annexation of San Domingo. The

Senate was opposed to ratification, but General Grant was accustomed

to overcoming difficulties and he urged his case with all the power at

his command. One result was an unseemly wrangle between the President

and Senator Charles Sumner over the latter's refusal to support

ratification. General Grant, in resentment, procured the withdrawal

of the Senator's friend, John Lothrop Motley from England, whither he

had been sent as minister, and later the exclusion of Sumner from the

chairmanship of the Committee on Foreign Relations, a post in which he

had displayed great ability for ten years. Eventually the President had

to give way on San Domingo, as the Senate did not agree with him in his

estimate of its probable value.

In its conduct of our relations with England, on the other hand, the

administration met with success and received popular approval. Ever

since the war the people of the North had desired an opportunity to

make Great Britain suffer for her attitude during that struggle.

Senator Sumner struck a popular chord when he suggested that England

should pay heavy damages on the ground that her encouragement of the

South had prolonged the war. Specifically, however, the United States

demanded reparation for destruction committed by the _Alabama_ and

other vessels that had been built in English ports. In 1870 Europe

was in a state of apprehension on account of the Franco-Prussian War,

and Secretary Fish seized the opportunity to press our claims upon

England. The latter, meanwhile, had abated somewhat her earlier

attitude of unwillingness to arbitrate, and Fish placed little

emphasis on Senator Sumner's suggestions of a claim for indirect

damages. The Treaty of Washington, signed and ratified in May, 1871,

provided for the arbitration of the _Alabama_ claims under such rules

that a decision favorable to the American side of the case was made

exceedingly probable. Each of five governments appointed a

representative--the United States, Great Britain, Italy, Switzerland

and Brazil. The meeting took place in Geneva and resulted favorably

to the American demands. England was declared to have failed to

preserve the proper attitude for a neutral during the war and was

ordered in 1872 to make compensation in the amount of $15,500,000.

The United States had need of any feeling of national pride that

might come as the result of the Geneva award, to offset the shame of

domestic revelations, for one of the characteristics of the decade

after the war was the wide-spread corruption in political and

commercial life. One of the most flagrant examples was the Tweed Ring

in New York. The government of that city was in the hands of a band

of highwaymen, of whom William M. Tweed, the leader of Tammany Hall,

was chief. Through the purchase of votes and the skilful distribution

of the proceeds of their control, they managed to keep in power

despite a growing suspicion that something was wrong. A favorite

method of defrauding the city was to raise an account. One who had a

bill against the city for $5,000 would be asked to present one for

$55,000. When he did so, he would receive his $5,000 and the

remainder would be divided among the members of the Ring. The

plasterer, for example, who worked on the County Court House

presented bills for nearly $3,000,000 in nine months. The New York

_Times_ and the cartoons of Thomas Nast in _Harper's Weekly_ were the

chief agents in arousing the people of the city to their situation.

The former obtained and published proofs of the rascality of the

Ring, mass meetings were held and an election in November, 1871,

overturned Tweed and his associates. Some of them fled from the

country, while Tweed himself died in jail.

More important both because of its effect on national politics and

because of its influence on railway legislation for many years

afterward was the Credit Mobilier scandal. The Credit Mobilier was a

construction company composed of a selected group of stockholders of

the Union Pacific Railroad, the transcontinental line which was being

built between 1865 and 1869. In their capacity of railroad

stockholders they awarded themselves as stockholders of the

construction company the contract to build and equip a large part of

the railway. The terms which they gave themselves were so generous as

to insure a handsome profit. Chief among the members of the Credit

Mobilier was Oakes Ames, a member of Congress from Massachusetts.

Late in 1867 Ames became fearful of railroad legislation that was

being introduced in Washington and he therefore decided to take steps

to protect the enterprise. He was given 343 shares of Credit Mobilier

stock, which he placed among members of Congress where, as he said,

they would "do most good." Rumors concerning the nature of the

transaction resulted finally in accusations in the New York _Sun_

during 1872, which involved the names of many prominent politicians.

Congressional committees were at once appointed to investigate the

charges, and their reports caused genuine sensations. Ames was found

guilty of selling stock at lower than face value in order to

influence votes in Congress and was censured by the House of

Representatives. The Vice-President, Schuyler Colfax, and several

others were so entangled in the affair as to lose their reputations

and retire from public life for good. Still others such as James A.

Garfield were suspected of complicity and were placed for many years

on the defensive.

Fear was wide-spread that political life in Washington was riddled

with corruption. Corporations which were large and wealthy for that

day were already getting a controlling grip on the legislatures of

the states, and if the Credit Mobilier scandal were typical, had

begun to reach out to Congress. Had the charges been made a little

earlier they might have influenced the election of 1872, which turned

largely on certain omissions and failings of the administration, and

especially of General Grant himself.

There is something intensely pathetic in General Grant as President

of the United States--this short, slouchy, taciturn, unostentatious

man who was more at ease with men who talked horses than with men who

talked government or literature; this President who was unacquainted

with either the theory or the practice of politics, who consulted

nobody in choosing his cabinet or writing his inaugural address, who

had scarcely visited a state capital except to capture it and had

been elected to the executive chair in times that were to try men's

souls. An indolent man, he called himself, but the world knew that he

was tireless and irresistible on the field when necessity demanded,

persistent, imperturbable, simple and direct in his language, and

upright in his character. The tragedy of President Grant's career was

his choice of friends and advisors. In Congress he followed the

counsels of second-rate men who gave him second-rate advice; outside

he associated too frequently with questionable characters who

cleverly used him as a mask for schemes that were an insult to his

integrity, but which his lack of experience and his utter inability

to judge character kept hidden from his view. Honorable himself and

loyal to a fault to his friends, he believed in the honesty of men

who betrayed him, long after the rest of the world had discovered

what they were. He could accept costly gifts from admirers and

appoint these same men to offices, without dreaming that their

generosity had sprung from any motive except gratitude for his

services during the war.[2]

It was inevitable, in view of these facts, that the presidential

campaign of 1872 should be essentially an anti-Grant movement, but

its particular characteristics had their origin before the General's

first election. In 1865 a constitutional convention in Missouri had

deprived southern sympathizers of the right to vote and hold office.

A wing of the Republican party, led by Colonel B. Gratz Brown, had

begun a counter-movement, intended to remove the restrictions on the

southerners, and also to reform other abuses in the state. Colonel

Brown had early received the assistance of General Carl Schurz, a man

of ability with the temperament of a reformer. The Brown-Schurz

faction had quickly increased in numbers, had become known as the

Liberal Republican party and had attracted such interest throughout

the country that a national conference was called for May, 1872, at

Cincinnati. In adopting a conciliatory southern policy, the Liberal

Republicans became opposed to the President, who had by this time

become thoroughly committed to the radical program. Other critics of

the administration, mainly Republicans, became interested in the

Liberal revolt--those who deprecated the President's choice of

associates and advisors, the civil service reformers who were aroused

by the dismissal of Secretaries Hoar and Cox, and the tariff

reformers who had vainly attempted to arouse enthusiasm for their

plans.

On account of the varied character of the elements which composed it

and the independent spirit of its members, the Cincinnati assembly

resembled a mass meeting rather than a well-organized political

conference. It numbered among its members, nevertheless, many men of

influence and repute. Some of the most powerful newspaper editors of

the country, also, were friendly to its purpose, so that it seemed

likely to be a decisive factor in the coming campaign. In most

respects the platform reflected the anti-Grant character of the

convention. It condemned the administration for keeping unworthy men

in power, favored the removal of all disabilities imposed on

southerners because of the rebellion, objected to interference by the

federal government in local affairs--a reference to the use of troops

to enforce the radical reconstruction policy--and advocated civil

service reform. The convention found difficulty in stating its

attitude toward the tariff question. It was deemed necessary to get

the support of Horace Greeley, the editor of the New York _Tribune_,

the most powerful northern newspaper of Civil War times, but Greeley

was an avowed protectionist. The platform, therefore, evaded the

issue by referring it to the people in their congressional districts,

and to Congress. But the rock on which the movement met shipwreck was

the nomination of a candidate. Many able men were available--Charles

Francis Adams, who had been minister to England, Senator Lyman

Trumbull, B. Gratz Brown and Judge David Davis of the Supreme Court.

Any one of them would have made a strong candidate. The convention,

however, passed over all of them and nominated Greeley, long known as

being against tariff reform, against civil service reform and hostile

to the Democrats, whose support must be obtained in order to achieve

success. Although a journalist of great influence and capacity,

Greeley was an erratic individual, whose appearance and manner were

the joy of the cartoonist.

The Republican convention met on June 5, and unanimously re-nominated

Grant. The platform recited the achievements of the party since 1861,

urged the reform of the civil service, advocated import duties and

approved of the enforcement acts and amnesty.

To the Democrats the greatest likelihood of success seemed to lie in

the adoption of the Liberal Republican nominee and platform. Such a

course, to be sure, would commit them to a candidate who had

excoriated their party for years in his newspaper, and to the three

war amendments to the Constitution, which the Liberal Republicans had

accepted. Yet it promised the South relief from military enforcement

of obnoxious laws, and that was worth much. Both Greeley and his

platform were accordingly accepted.

The enthusiasm for the Liberal movement which was observable at the

opening of the campaign rapidly dwindled as the significance of the

nomination became more clear. Greeley was open to attack from too

many quarters. The cartoons of Nast in _Harper's Weekly_, especially,

held him up to merciless ridicule. In the end he was defeated by

750,000 votes in a total of six and a half million, a disaster which,

together with the death of his wife and the overwork of the campaign

resulted in his death shortly after the election. As for the

Republicans they elected not only their candidate but also a

sufficient majority in Congress to carry out any program that the

party might desire.

On March 3, 1873, as Grant's first term was drawing to a close,

Congress passed a measure increasing the salary of public officials

from the President to the members of the House of Representatives.

The increase for Congressmen was made retroactive, so that each of

them would receive $5,000 for the two years just past. To a country

whose fears and suspicions had been aroused by the Credit Mobilier

scandal, the "salary grab" and the "back pay steal" were fresh

indications that corruption was entrenched in Washington. Senators

and Representatives began at once to hear from their constituencies.

Many of them returned the increase to the treasury and when the next

session opened, the law was repealed except so far as it applied to

the president and the justices of the Supreme Court.

The congressional elections of 1874 indicated the extent of the

popular distrust of the administration. In New York, where Samuel J.

Tilden was chosen governor, and in such Republican strongholds as

Massachusetts and Pennsylvania the Democrats were successful. In the

House of Representatives the Republican two-thirds majority was wiped

out and the Democrats given complete control. Even the redoubtable

Benjamin F. Butler lost his seat.

Further apprehensions were aroused by rumors concerning the

operations of a "Whiskey Ring." For some years it had been suspected

that a ring of revenue officials with accomplices in Washington were

in collusion with the distillers to defraud the government of the

lawful tax on whiskey. Part of the illegal gains were said to have

gone into the campaign fund for Grant's re-election, although he was

ignorant of the source of the revenue. Benjamin H. Bristow, who

became Secretary of the Treasury in 1874, began the attempt to stop

the frauds and capture the guilty parties. This was no simple task,

because information of impending action was surreptitiously sent out

by officials in Washington. Finally Secretary Bristow got the

information which he sought, and then moved to capture the criminals.

One of the most prominent members of the Ring was an internal revenue

official in St. Louis who, it was recollected, had entertained

President Grant, had presented him with a pair of horses and a wagon,

and had given the General's private secretary a diamond shirt-stud

valued at $2,400. Public opinion was yet further shocked, however,

when the trail of indictments led to the President's private

secretary, General Babcock. On first receiving the news of Bristow's

discoveries, Grant had written "Let no guilty man escape"; but later

he became secretly and then openly hostile to the investigation.

During the trial of Babcock, the President asked to be a witness in

his behalf. A verdict of acquittal was given, but afterwards the two

men had a private conference, and when "Grant came out, his face was

set in silence." Babcock never returned to the White House as

Secretary, but was given the post of Superintendent of Public

Buildings and Grounds. Several of the members of the Ring were

imprisoned but were later pardoned by the President. In the meanwhile

Grant seems to have been brought to believe that Bristow was

persecuting Babcock with a view to getting the favor of the reform

element in the party and eventually the presidential nomination.

Relations between the two became strained and Bristow resigned.

The last year of Grant's second administration was blackened by the

case of W.W. Belknap, who was then Secretary of War. Investigation by

a House committee uncovered the fact that since 1870 an employee in

the Indian service had paid $12,000 and later $6,000 a year for the

privilege of retaining his office. The money had been paid at first

to Mrs. Belknap, who had made the arrangement, and after her death to

the Secretary himself. The House unanimously voted to impeach him,

but on the day when the vote was taken he resigned and the President

accepted the resignation. Only the fact that he was out of office

prevented the Senate from declaring him guilty, and critics of the

administration noted that the President had saved another friend from

deserved punishment.

It would be easy to over-estimate the responsibility of General Grant

for the political corruption of his administrations. For the most

part the wrong-doing of the time began before his first election.

Democrats as well as Republicans participated in many of the

scandals. Politicians in the cities, the states and the nation seemed

to be determined to have a share in the enormous wealth that was

being created in America, and they got it by means that varied from

the merely unethical and indiscreet, to the openly corrupt. As for

the President, his own defence, given in his last message to

Congress, may be taken as the best one: "Failures have been errors of

judgment, not of intent."

Under the circumstances, however, it was natural that the

presidential campaign of 1876 should turn upon the failings of the

administration. Popular interest in the southern issue was on the

wane. Early in the election year, nevertheless, James G. Blaine,

Republican leader in the House, made a forceful attack on Jefferson

Davis, as the wilful author of the "gigantic murders and crimes at

Andersonville," the southern prison in which federal captives had

been held. Instantly the sectional hatred flared up and Blaine,

already a well-known leader, became a prominent candidate for the

nomination. Republican reformers generally favored Bristow. A

third-term boom for Grant was effectively crushed by an adverse

resolution in the House.

The Republican nominating convention met on June 14. The virtues of

Blaine were set forth in a famous speech by Robert G. Ingersoll in

which he referred to the attack on Davis: "Like an armed warrior,

like a plumed knight James G. Blaine marched down the halls of the

American Congress and threw his shining lance full and fair against

the brazen forehead of every traitor to his country." The "plumed

knight," however, was open to attack concerning a scandal during the

Grant regime, and the convention turned to Governor Rutherford B.

Hayes, of Ohio, a man of quiet ability who had been unconnected with

Washington politics, was relatively unknown and, therefore, not

handicapped by the antagonisms of previous opponents. The platform

emphasized the services of the party during the war, touched lightly

on the events of the preceding eight years, advocated payment of the

public debt, and favored import duties and the reform of the civil

service.

The Democrats met on June 27. There was little opposition to the

nomination of Governor Samuel J. Tilden, of New York, a wealthy

lawyer who had made a record as a reformer in opposition to "Boss"

Tweed and a corrupt canal ring. The platform was distinctly a reform

document. It demanded reform in the governments of states and nation,

in the currency system, the tariff, the scale of public expense, and

the civil service. An eloquent paragraph exhibited those corruptions

of the administration which had caused such general dismay.

There was little in the campaign that was distinctive, and on

November 8, the morning after the election, it seemed clear that

Tilden had been successful. He had carried the doubtful states of

Connecticut, New York, New Jersey and Indiana. When the figures were

all gathered, it was found that his popular vote exceeded that of his

rival by more than 250,000. But there were disputes in three states,

Florida, Louisiana and South Carolina. Hayes would be elected only if

the electoral votes of all these states could be obtained for him.

If, however, Tilden received even one electoral vote from any of the

states, the victory would be his. Hayes was conceded 166 electoral

votes; Tilden 184. Nineteen were in dispute. The Republican leaders

at once claimed the nineteen disputed votes, and asserted that their

candidate was elected. The Democrats had no doubt of the victory of

Tilden.[3] The capitals of the three doubtful states now became the

centers of observation. Troops had long been stationed in South

Carolina and Louisiana, and others were promptly sent to Florida.

Prominent politicians from both parties also flocked thither, in

order to uphold the party interests.

In South Carolina it became evident that a majority of the popular

vote was for Hayes, although both the Democratic and the Republican

electors sent in returns to Washington. In Florida there was a board

of canvassers which had power to exclude false or fraudulent votes.

It was composed of two Republicans and one Democrat. When all ballots

had been sent in, the Democrats claimed a majority of ninety; the

Republicans a majority of forty-five. The board went over the returns

and by a partisan vote threw out enough to make the Republican

majority 924. Republican electoral votes were thereupon sent to

Washington, but so also were Democratic votes. The situation in

Louisiana was still more complicated. Political corruption and

intimidation had been commonplaces in that state. On the face of the

returns, Tilden's electors had received majorities varying from 6,000

to 9,000. As in Florida there was a board of canvassers which was

here composed of four Republicans, three of whom were men of low

character. The vote of the state was offered to the Democrats, once

for $1,000,000 and once for $200,000, but the offer was not taken.

The board then threw out enough ballots to choose all the Hayes

electors. As in the other cases, Democratic electors also sent

ballots to Washington.

There was no federal agency with power to determine which sets of

electors were to be counted, and the fact that the federal Senate was

Republican and the House Democratic seemed to preclude the

possibility of legislation on the subject. No such critical situation

had ever resulted from an election, and a means of settlement must

quickly be discovered, for only three months would elapse after the

electoral votes were sent to Washington, before the term of General

Grant would expire. The means devised was the Electoral Commission.

This body was to be composed of five senators, five representatives,

and five justices of the Supreme Court. The Senate and the House were

each to choose their five members, and four members of the Court were

designated by the Act which established the Commission, with power to

choose a fifth. It was understood that seven would be Republicans,

seven Democrats and that the fifteenth member would be Justice David

Davis, an Independent, who would be selected by his four colleagues.

On him in all probability, the burden of the decision would fall. On

the day when the Senate agreed to the plan, however, the Democrats

and Independents in the Illinois legislature chose Justice Davis as

United States Senator and under these circumstances he refused to

serve on the Commission. It was too late to withdraw, and since all

the remaining justices from whom a commissioner must be chosen were

Republicans, the Democrats were compelled to accept a body on which

they were outnumbered eight to seven.

The Electoral Commission sat all through the month of February, 1877.

Its decisions were uniformly in favor of Hayes electors by a vote of

eight to seven, always along party lines, and on March 2, it was

formally announced that Hayes had been elected. The disappointment of

the Democrats was bitter and lasting, for their candidate had

received over a quarter of a million popular votes more than his

opponent, and yet had been declared defeated. For a time there was

some fear of civil war. Tilden, however, accepted the decision of the

Commission in good faith, and forbade his friends and his party to

resist. Moreover, close friends of the Republican candidate assured

southern Democratic politicians that Hayes if elected would adopt a

conciliatory policy toward the South, and would allow the southern

states to govern themselves unhampered by federal interference.

Peaceful counsels prevailed, therefore, and the closing days of

President Grant's administration were undisturbed by threats of

strife.

The question whether Hayes was fairly elected is a fascinating one.

There is no doubt that there was fraud and intimidation on both

sides, in the disputed states. In Louisiana, for example, the

Democrats prevented many negroes from voting by outrageous

intimidation, while the Republicans had many negroes fraudulently

registered. Little is known, also, of the activities of the "visiting

statesmen," as those politicians were called who went to the South to

care for their party interests. It is known that they were well

provided with money and that the boards of canvassers contained many

unscrupulous men. Nor is it likely that politicians who lived in the

days of the Credit Mobilier and the Whiskey King would falter at a

bargain which would affect the election of a president. Republicans

looked upon the Democrats as being so wicked that they were justified

in "fighting the devil with fire." Democrats looked upon the election

as so clearly theirs that no objection ought to be made to their

taking what belonged to them. It seems certain, however, that Hayes

had no hand in any bargains made by his supporters. As for Tilden,

his wealth was such that he could have purchased votes if he had

desired to do so, and the fact that all the votes went to his rival

indicates that he did not yield to the temptation. Moreover, one of

his closest associates, Henry Watterson, the journalist, tells of one

occasion when the presidency was offered to Tilden and refused by

him. Perhaps a definitive statement of the rights and wrongs of this

famous election will never be made; for one after another the men

most intimately associated with it have died leaving some account of

their activities, but none of them has told much more than was

already known.

BIBLIOGRAPHICAL NOTE

Dunning, Rhodes and Schouler, together with most of the works

referred to at the close of Chapter 1, continue to be useful. L.A.

Coolidge, _Ulysses S. Grant_ (1917), is not as partisan as most of

the biographies of the time and is valuable despite a lack of a

thorough understanding of the period. The following are valuable for

especial topics: H. Adams, _Historical Essays_ (1891); C.F. Adams,

Jr., and H. Adams, _Chapters of Erie_ (1886), (gold conspiracy); C.F.

Adams, Jr., _Charles Francis Adams_ (Treaty of Washington); C.F.

Adams, Jr., "The Treaty of Washington" in _Lee at Appomattox, and

Other Papers_ (1902); James Bryce, _American Commonwealth_ (vol. II,

various editions since 1888, contains famous chapter on the Tammany

Tweed ring); A.B. Paine, _Thomas Nast, His Period and His Pictures_

(1904), (Tweed ring). P.L. Haworth, _Hayes-Tilden Disputed

Presidential Election of 1876_ (1906), is a thorough study; on this

election, see also John Bigelow, _The Life of S.J. Tilden_ (2 vols.,

1895), and C.R. Williams, _Life of Rutherford B. Hayes_ (2 vols.,

1914).

* * * * *

[1] The closing months of Johnson's administration found him almost in

a state of isolation. The incoming President refused to have any

social relations with him, or even to ride with him from the White

House to the Capitol on inauguration day. After the installation of

his successor, Johnson returned to Tennessee but was later chosen to

the Senate, where he served but a short time before his death.

[2] In 1884, a year before his death, the dishonesty of a trusted

friend left him bankrupt, while a painful and malignant disease began

slowly to eat away his life. Nevertheless, with characteristic courage

he set himself to the task of dictating his _Memoirs_, or more often

penciling sentences when he was unable to speak, in order that he

might repay his debts with the proceeds.

[3] There was also a technical question concerning one elector in

Oregon, which was easily settled.

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