As I now view the subject (1900) the Electoral Commission was an
indefensible necessity. In the division of parties it seemed
impossible, and probably it was impossible, to secure a result with
peace to the country, except by a resort to extraordinary means.
When the bill passed the two houses the chances were with the Democrats.
Judge Davis was in the list of judges from the Supreme Court. His
sympathies, and perhaps his opinions, were with the Democratic Party,
and there was reason to apprehend that he might incline to act with the
Democratic members of the commission. After the passage of the bill
Judge Davis was chosen Senator from Illinois, and Judge Strong became
a member. Upon the pivotal questions the members acted upon their
political opinions, or, most certainly in accordance with them.
I voted for the bill upon the understanding that there was no specific
authority for such a proceeding. Indeed, the questions might have been
referred to the mayors of New York and Brooklyn, upon grounds equally
defensible in a legal point of view, although the tribunal selected was
much better qualified for the duty. Having agreed to the use of an
unconstitutional tribunal, or to an extra constitutional tribunal, I
had no qualms about accepting the result. Nor was I especially
gratified by the action of the commission. My connections with Mr.
Conkling led me to think that he had great doubts about the propriety
of the decision in the case of Louisiana, and that doubt may have led
him to avoid the vote in the Senate.