Full text of "The Hayes-Tilden disputed presidential election of 1876"

See other formats

Go ogle

This is a digital copy of a book Ihal was preserved for generations on libraiy shelves before il was carefully scanned by Google as part of a projecl
to make Ihe world's books discoverable online.

It has sm-vived long enough for the copyright (o expire and the book lo enter Ihe public domain. A public domain book is one that was never subject
to copyright or whose legal copyright lenn has expired. Whether a book is in the public domain may vary country lo country. Public domain books
are our gateways to Ihe past, representing a wealth of history, culture and knowledge that's often difficult lo discover.

Maiks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the
publisher to a Iibrai7 and finally to you.

Usage guidelines

Google is proud lo partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to
prevent abuse by commercial parties, including placing technical restrictions on automated querying.
We also ask Ihat you:

+ Make noncommercial use offheffics We designed GoogJe Book Search for use by individuals, and we request that you use these files for
persona] « non -commercial purposes.

+ Refrain from autorrtated queiying Do not send aulomated queries of any sort to Google's syslem: If you are conducting research on machine
translation, optical character recognition or other areas where access to a large amount of texl is helpful, please contact us. We encourage the
use of public domain materials for Ihese pur|X)ses and may be able to help.

+ Maintain aHiibaiion The Google "watermark" you see on each file is essential for informing people about this project and helping them find
additional materials through Google Book Search. Please do not remove it.

+ Keep it legal Whatever your use, remember that you are responsible for ensuring thai what you are doing is legal. Do not assume thai just
because we believe a book is in Ihe public domain for users in the United States, that the work is also in the public domain for users in other
countries. Whether a book is still in copyright varies from country to country, and we can*t offer guidance on whether any specific use of
any specific book is allowed. Please do not assume thai a book's appearance in Google Book Search means it can be used in any manner
anywhere in the world. Copyright infringement liability can be quite severe.

About Google Book Seareh

Google*s mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers
discover the world's books while helping authors and publishers reach new audiences. You can search thi-ough Ihe full text of this book on Ihe web

at http: / /books ■ google ■ com/

KTAKFORDUNIVERSITVLlBkAVlE^

THE HAYES-TILDEN

DISPUTED PRESIDENTIAL

ELECTION OF 1876

PAUL LElJ^ND HAWORTH

LecttiB « KvUfyH Columbia Univai^

CLEVELAND

THE BURROWS BROTHERS COMPANY

MCMVl

Turn BcAKCiwa Bbothoiu CoHr^itv

To My Sister R. H,
WhoAe Self-sacrifice is not Forgotten

Preface iz

The Republicaa Dynasty in Danger . i
The RcpuWicans Caat About for a

Leader lo

A Democratic Moaes . . , a6

The Cenienaial Campaign , , 36
The Election — Republican Hope after

Despair 45

VI, The Contest to Florida ■ - - 57
Vn. Bulldozers and Retumicig Officers in

Louisiana 81

Vm. Rifle-Oub9 in the Palmetto State 123

IX. The Ineligible Elector in Oregon . 157

X. Comproroiae or Civil War? . . 168

XI, Eight to Seven 220

XXL The Adjiutmeot in the Soath - , 284
XIIL The Potter Committee and the Cipher

Diapatches > . . . < 305

XIV. Legal Aspects and the Equities . 329

Appendix 34S

Index 351

-^o* i- W?

PREFACE

Thirty years have now elapsed since the beginring
of tlie presidenlia] caiiipaign which culinin^led in the
most remarkable electoral controversy in the history
of popular gxivcmmcnt. As yet, however, no adequate
account of that controversy has been pubhshed. It
haa seemed to me that there is some need for such an
account, and this book is the resuh of my effort,
successful or otherwise, to supply it.

The book is based in hrge measure upon s. collection
of more thai^ twenty thousand pages of congressional
iTtatenal, consisting of debates in Congress, of evidence
gathered by various investigating committees, and of
ihc proceeding's before the electoral commissiDn. This
collection constituies perhaps the most extensive and
exhaustive one upon any subject of equal importance
in American history, and the labor involved in exam-
ining and sifting it has been rendered all the greater
by the fact that so much of the evidence contained in
it is untrustworthy. As the reference notes will show,
I have, in addition, drawn material from a great variety
of other sources. T have, in fact, .spared no pains to
make my investigation as complete as possihle. Upon
most of the matters which arc really vital I have, I
believe, succeeded in obtaining the essential facts ; but

Ptefact

1 fed corstrabed lo admit that I have not eiicceeded
tn penetrating the veil which surrounds some others.
These last are matters which will, in all probability,
always remain secrets, for the simple reason thai those
actors who could tdl the truth concerning tliem will
never do so. T may remark in passing ihat I have
brought to ligh* much that has never before been
pubHs)icdt and that I have also learned many other
interesting* though usually not very important tilings,
which cannot be published because told lo me under
pledge of secrecy. In all cases, however^ 1 have been
able to make use of such facts in drawing conclusions.

It may be worth while for me lo add Ihat in inier-
preting the evidence r^ardin^ the situation in the
contested Blatc.c of Louisiana, Florida, and South
Carolina I have been greatly aided by experience
gained some ye<tr« ago while making an extended
investigalion in cerlain southern states of the workings
of negro suffrage under present day conditions. In
fact, 1 may say that without the insight thus gained
iry lask would have been well-nigh a hopeless one.

There remains only the pleasant duty of acknowl-
edging my obligations to the many persons who have
assisted mc in the work- To Hon. Car! Schuri, Hon,
John Hi|:elow, Col. A. K. McClure, Hon. John Goode,
Hon. William Dudley Fouike, Dr, Charles R. Wil-
liams, and Mr. Yaies Snowden of the Charleston Ne^'s
ond Courier; to Col, Webb C. Hayes, who allowed me
to ^ee his father's papers and who read the entire
manuscript; to Mr. Edward Gary of the New York

Pr^ft

ace

Times, who lurnisbtd me with information and read
a portion of the manuscript; to Professor John R,
Fjcklen and Mr, Benjamin Rice Foreman, who read
the chapter on Louisiana; lo Hon. W. E. Chandler,
who furnished mt wilh much material and who read
several of the chapters; to Mr, Jos^h M, Rogers,
who had himself intended to write a book on the sub-
ject but retired in my favor and with rare generosity
gave me the results of his investi^tions and read the
more important chapters — to these gentlemen and to
many others I owe a debt which I fear I shall never be
able lo repay. Nor must T forget to mention the many
kindnesses shown me by my publisher, Mr. Charles
W. Burrows, and the assistance rendered me by my
father and by my wife in correcting tl^e manuscript-
Above all, I am indebted to Professor William A,
Duming. leading authcnity in this period of our
history, for reading both the manuscript and the proof
and thereby helping me to avoid many errors.

lo justice lo some of the persons named it should,
however, be added that I alone am responsible for
statements of fact and for conclusions. In many
caseSp perhaps unwisely, T have disregarded their
suggestions.

Paul Lsland Hawohth.

Columbia University.

THE DISPUTED PRESIDENTIAL

ELECTION

CHAPTER I

THK BEFUBLICAIf DYNASTY IN DANGlCB

The year 1876 was the most notable of &te period
in American history between the dose of the war of
Secession and the beginning of the war with Spain.
It waa the year in which occurred the last of our
important Indian outbreaks — a conflict made sadly
memorable by the massacre of Custer and his troopers
on the Little Big Horn. It was the year which marked
the one hundredth anniversary of our independence —
ID occasion fitly celebrated by the great Centennial
Exposition at Philadelphia. It was also the year of an
«]ciCt>on u-hich resulted in a strange controversy that
put our institutions to one of the severest tests they
bave ever been called upon to endure.

The political outlook prior to that election was in
>ome respects an unusual one. For the first time since

The Hayes'Tilden

it had come into power tliere -was real likelihood that
the Republican party would be unable to elect its
candidate for the Presidency. Successful in i86o by
grace of the lack of unity ainong its opponeQts,
it had in 1864 merged itself in that Union party
which gave Lincoln his second term, and four
years later, having resumed its independent status,
it had 'been led to another overwhelming vic-
tory by the military hero who had ended the
war. In the new President's first administration had
occurred a division in the party fold. The Liberal
Republicans, dissatisfied with the conduct of affairs
and despairing of getting their views adopted by the
party leaders, had in 1872 held a separate convention at
Cincinnati and had nominated Horace Greeley of New
York and B. Gratz Brown of Missouri. Thereupon
the Democrats, seeing no hope of success with candi-
dates chosen from among themselves, had, despite the
fact that Greeley had been one of the highest of the
high priests of Abolitionism, indorsed the Liberal
Republican candidates and platform- But this unnat-
ural alliance had wholly failed to avert a complete
triumph of Radicalism; out of the 349 electoral votes
counted by Congress for President, General Grant had
received 286, while the 63 remaining had been divided
(Greeley having died before the electoral colleges met)
among B, Gratz Brown^ Thomas A. Hendricks, Charles
J. Jenkins of Georgia, and David Davis of Illinois. ^

1 Cono- GioiM, I2d Can^. art B^vm.. p. 1B06, Thmp Oaor^A
VotM irhicb linil twen cost far Gnwl^y were nnl i^junted, uid All
Du volen at L^ulaTdna mml Arhanvaa were uccLuded.

Disputed Election of 1S76 3

Rcodercd reckless by the seeming finality of their
victory, the Radical leaders had fallen into tlie pleasant
belief that the question of dispensing the loaves and
&sbc5 of political patronage was settled forever and
that it was wholly unnecessary to carry through tncas-
iireE of reform which the Liberal Kepubhcans had
demanded and which many tar-sighted men who had
remained within the party desired- But there had soon
been a rude awakening. The panic of 1873, the dis-
satisfaction due to the unsettled atate of the monetary
system, the bad condition of affairs in the South, the
Credit MobUier exposures, the so-called Salary Grab,
the Sanborn Contract, and other scandals — all tJiesc
things had worked mightily to the disadvantage of the
party in power. ^ The result had been the great "Tidal
Wave" of 1S74. Out of thirty-five stales in which
electrons were held twenty-three haJ gone Democratic;
even such Rrpublican stales as Wisconsin, Ohio, Penn*
Aylvania, and Massachusetts had arrayed themselves
in the Democratic column : and only a comparative
handful of Republicans had been returned to the
House. '

In the new Congress, it is true, the Democratic
members had not greatly distinguished themselves for
wisdom or for political sagacity;^ but the party had

1 TbvsF coiKJiulcnii hi-q boAed upon Uip nie? of The ^oHon,
E^rper'a Weekly, a&d of th-* New York World. Tl^tr'A, aini Tr*-
hin«. SfK nlsn Stsnwood. Misrorv of Prefilaj^niLiF i^i'irtians, 4th
•A. p. lOti FctulJw, Ufe of Morton, II, pp. m-36a; HMr, Au(o-
blomtilijr i>i Sftrntv TearH, I. pp lf':>-3«».

IMcFXtVTVia. Kitndlwok ol PalEat:^ for ISTl p. ZQV

The Hayes'Tilden

been favoTfd by the almost dock-like regulantr witil
which ticandalfi continued to reveal Ihemsclvcs, so that,
although financial conditions were becoming better and
the "Tidal Wave" was now running much less strong,
the Democratic leader* were able to look forward to
tbe approaching election with at least as much confi'
dence as the Republicans.

The chief count that could 1)e brought against the
parly in power was maladministration. That the
government w^ in a deplorable condition no dispas-
sionate £ludent of history will venture to deny. Nor
are the chief causes difficult to find. The nation had
but recently emerged from ^e trying ordeal of the
greatest civil war known to history. That war had
left many troublesome problems, some of which time
alone could fully solve. It had also necessitated a
tremendous increase in the revenues and expenditures
of the national governnicnt. From March 4. 1789, to
June 30, 1861, the entire net "ordinary expenditures"
had amounted in round numbers to but $1,580,000,000,
as against the enormous sum of S5>2oo,ooo,ooo in the
fourteen years from June 30, iS6t, to June 30, 1875.
Furthermore, the number of civil employees of the
governincnt had increased from about 44.000 under
Buchanan to more than 100,000 under Grant, ^ In the
morally unhealthy atmosphere which inevitably follow*

1 Thp«e pompprlnnni W4*r* madp In Use rMmocmlli? C&inpalsu
Teit Book, |jp^ Tt7'T48. Tbv dgurvfl Jktr fmm the Itt^fwrt gf tb«
Sftretary of Ihe TivoHury far 1J7& and from reporia of the
TAiiaiiB depDrlnieijE?. Tht "grgM f-KptndUkJi't'i" were, ot couraVi

Disputed Election of I8y6 %

a resort 1o anri£. and amidst such favorable conditions
as those just described, it was but natural tliat the
Spoils Svstem should produce its most nnxious
growth, and that political morality should reach per-
haps the lowest ebb in our entire history.^

The administrative demoralization of the country
was, it must be conceded, due in part alFO to the
personality of President Grant. Like many a suc-
cessful soldier before him, Grant was by no means a
6n]shed statesman. Prior to his inauguration he had
never held a clviJ office, ard be did not clearly under-
stand t^ie workings of our political system. Starting
out with the assumption that the Presidency was a sort
of persona) possession given him by the people to
majiagc as he thought proper, he had, with the beat
intentions in the world^ entirely ignored the party
leaders in choosing his first cabinet This independent
policy had soon proved a failure, and he had been
brought to the necessity of securing some supporL
In the contest to gain control of him which followed,
the Radicals — Butler in MasBachuseltST Conkling ja
New York, Cameron in Pennsylvania, Patterson in
Sou* Carolina, Morton in Indiana, and so on — had
irinmphed over the Liberals and had become the Prea-

p, \\t*. Th« n^publirami irere ab^e to pEiow (hut the rate of
**ralcoTlnr iM-r ILOfiO iind^r (jmnl ws* conBlftrrnblj Iow«t tFiui
mdrr 1U17 ttF^vlous Presldrnl- Thlfl arguinpnt fn-UHl to tAke Intv
■coiaat the Iflct Uiai mofti rt tht corru]vrtnn nr thin nm^ wu nm
ta tfas Fofm pf direct atea-Llntc trfim the ffo^'srnmprit. Funli*nnor^
User* wer* UbOvr Qr-nni maiiV ufflpt^ii^ *'iich of whom handled
IB Lh« ooun« or a y«ar mor^ laont-y than veu vpvnt In tbat
Isirili of lime Ijv Uic enllre Kovprnrnpnt under WiulilnKion.
t

The Hayes-Tilden

idential adviser* and the dispenser* of patronage. Thus
the man who had begun by ignoring the polilici^ns
had in ihe end allowed himself to fall entire!/ into
their hands. The outcome was renilered all the more
disaA-trouh because the President, although a keen
judge of military capacity, had no skill in choosing
political subordinates and advisers. A thoroughly
honest man himself, he was unable to detect dishonesty
in others. His confidence was frequently abused by
pretended friends, who brought him into disrepute, but
whom, with misguided fidelity, he was unwilling "to
desert under fire/' In many ways, to be sure, bis two
administrations were by no means failures. Under
him our disputes with England were peaceably and
honorably settled, the national debt was greatly
reduced, the Resumption Act was passed, and the
South was kept as tranquil perhaps as a section which
had so recently undergone such a complete social and
political upheaval could be kept. Probably no other
man then living could have filled the Presidential
chair as well as he; yet the fact remained that the
administration was pervaded with a lamentable demor-
alisation which increased rather than diminished-
Disclosures of wrong-doing followed each other with
such astounding rapidily that inefficiency and fraud
were suspected even where they did not exist, ^

1 For wlimalefl of Gnint which flgrw ]ri the main with tliJa
■ap GurJand, Life of Orjtnt, pp. j:ia-449: Ct\x. TTifwB E>poAd?«
of Ppaeral LoHiBlalior- r>p. fi72-GTS- McGunoGh. Men nnd KaiLe-
urei of Hflif u Ctmiury, i»p. 356-357 " Andrews, Ttie United SCAla
In OuF Own Timefl, pp, S3 pF i«q--. and Jahrt Shtrman't ftccol-
lecUimA. I. pp, 440-44Bh 474-4Te. Some eicelleni ffltlmali^ Of lllni

Disputed Election of 1S76 7

As the time for the campaign of 1876 drew near it
was generally recognized tlial in Republican misg^v-
emmert Uie Democrats would find their best oppor-
tunitv for attack. The wisest policy for them would
tie to drop the Southern issue ard Bg'ht the battle on
that of "Grant's maladministration/' Said the New
York Herald on ApriJ i, 1876:

"Let the parly trace every stream of corruption
which now pollutes the country to its source, and call
upon the country lo rise and cleanse the source. Let the
leaders begin the campaign on the violation of the
Consiitntion Involved in the appointment of staff
officers and not statesmen to the Cabinet. Let them
«hfnv how the moral sense of ihe nation was degraded
by the selection of worthless relations and whiskey-
drinking cronies to high offices here and abroad- Let
them show how the Senate degraded itself by becoming
a sharer Jn the plunder and patronage of the Executive.
Let theni show how the country was parcelted out like
the provinces of the Roman Empire, every state with
a Senatorial proconsul — Conkling in New York,
Cameron in Pennsylvania. Patterson in South Carolina,
and so on until the country, so far as the patronage
is concerned, is under the dominion of an oligarchy
which only opposes the President when he names men
for office like Hoar and Dana, supporting him In his
•election of a Billings or a Delano, Let them show
how investigations in the House were made impossible
so long as the brothers of members were allowed lo
hold trade posts and rot Indians and soldiers. Let

wen «lvpn In Uie nevspeivi* pubJlnhAd &t Ibe tlmf of hl« d«Atti.
For Ua ajiolovy for hl« admlntolnitlofiB oct" hia Lost mcsfloffa to

8 The Hayes-Tilden

them show how scandal after scandal supervened until
wc had a Secretary of War at the bar qf the Senate aa
a confessed robber and a Secretary of the Navy rapidly
on his way thither for having- used a million of dollars
to sustain a sinking banking house in l^ndon." ^

The indictment that could be drawn was certainly a
strong one. The Republican party, rendered recldess
by the possession of too mudi power, had been weighed
in the balance and had been found wanting. In the
minds of many a sircere patriot, proud of the record
of a hundred years but humiliated by the fact that the
centennial of the nation's birth must -witness so much
c:om]p(ioii in high places, there inevitably arose a
desire for a political change-
Yet there was one consideration among other Icsa
influcnlial ones which might perhaps save the party m
power from merited rebuke. Bad as that party had
shown itself of late, there nevertheless existed a grave
doubt whether its opponent, in the light of the record
of the past, was any more worthy of confidence.^
Rightly or wrongly, men had not yet forgotten that
not more than eleven years before a large section of
the Democratic party had stood beneath the Stars and
Bars in battle array against the Union; that another
section of that party had been worse than lukewarm in
support of the government which they now sought to
control. With more truth than poetry it was still said
that "not ever)' Democrat was a Rebel, but ever>' Rebel

2 »t*. fnr 4"Jflmpl^. Harpers Wetltty, XIX, pp, (0, 170, Jlfl.

Disputed Election of iS'jt 9

%vas a Democrat." Would it be saEo to trust t^c
nation's affairs with men many o£ whom had once
raised their hands against her life? Would it not, after
all, be better to keep in power a party which, whatever
its faults, had always stood unflinchingly for the
preservation of the Union? Upon the answers given
to diese questions seemed to depend the result of the
forthcoming election.

CHAPTER II

THE RErUBUCANS CAST /BOUT FOR A LEADER

With such a political outlook it was almost inevitable
that there should be a readjusimenl in the Republican
party. The Radicals, discredited and scmewhat chas-
tened by defeat, began to show themselves much more
amenable to advice; it was apparent that the mciderate
element, whose watchword was "reform within the
parly,"* would play a much more important part than
hitherto- This state of affairs made it easier lor
many Liberals who were alarmed at the inflationist
tendencies displayed hy the Democrats and Tivho ap-
proved the Republican stand on the Resumption Act
to drift back into their former party.

For the first time since 1860 there was real uncer-
lainty as to who would be chosen to lead the Republican
hostSn There was, of course, much talk about a third
term. The newspapers, and especially the New York
Herald, took up the subject; and during 1875 a great
deal was said about "dynasties," "dictatorships/'
"Cffisarism." and so on. In the spring of 1875 the
Pennsylvania Republican state convention, moved by

1 F\jr Ml anlcl« on this subject oett Barper'a Weikiv, XIX,

p. 214.

The Disputed Election of 1S76 ll

this outcry, passed a resolmioii against a tliird term.
Tbcrcupon President Grant wrote to General Harry
White, chainnan of die convention, as follows; "Now
for ihe third term. 1 do not Aant it an> more than I
dill the first ... 1 am nol, nor have 1 ever been a
caiididatc for a rcnomtralion. I would not accept a
nomination if it were tendered, unless it should come
under such circumstances as to make it an imperative
duly — -circumstances not likdy to arise.'" The letter
was regarded by many as a "declination with a siring
to it ;" people remarked thai in the past, at Ft. Donelson
and eis«w+^ere» Grant had never fJiown any inability
to make his meaning unmistakable. ^ In consequence,
the discusaion of his avaiJabitity was kept up until the
following December, when an effectual quietus wa*
put to it by the passage in the House of Representa-
tives, by a vole of 233 to 18, of a resolution declaring
that any attempt to depart from the precedent estab-
lished by Washington and other Presidents "would be
unwise, unpatriotic, and fraught with peril to our free
LRKiitution-s." ^

With General Grant out of the way, the field wa«
open for other candidates. Of these rhe most talked
about were James G. Blaine of Maine, Roscoe Conkling
of New York, Benjamin H. Bristow of Kentucky, and
Oliver P. Morton of Indiana, In addition there were
some "favorite sons." among whom were John F.

I FVr an account of ibln matter and a ropy of tlie letter k«
t:i- *»*. 1M, nnd *9e, »" r *v-

Ijtfcortf. v. 1^1.

The Hayes-Tilden

Hartranft of PennsylvfUiiai Marshall Jewell of Con-
necticut, and RutJicriord B. Hayes of Ohio,

To outward appearances, Mr. Blaine seemed to have
the best chance of securing the coveted nomination.
He possessed a magnetic personality, and had attracted
much attention as Represent alive and Speaker. In the
Congress then in session he had kept himself in the
public eye by systematically baiting the Southern
members and drawing: from them disloyal utterances
which could be used by their opponents as party
capital. ^ Mr, Blaine^s friends wercj in general, those
men who were dissatisfied with the Administration yet
were not reformers. - He was, of course, bitterly
opposed by Senator Conkling, whom on a memorable
occasion he had forever alienated by comparing him
to fl turkey gobbler.* Mr Blaine was also regarded
with but little favor by the reformers; and his avaLl-
abiifty in their eyes was vastly lessened by the disclo-
sure not long before the convention met of the cele-
brated '"Mulligan letters" which purported to make
some uncomfortable revelations regarding his alleged
improper relations with the affairs of the Little Rock
and Ft. Smith Railroad. * Nevertheless he was sure
of the support of Maine and of enough votes in other
states to give him a decided lead over any of the other
candidates,

1 Thff ynifdHj XXm. p, ITS; b1» Johnnii, An Amerlcao

3 Honf'H Autoblosraphy, T, p. 37S.

:i Bob ruferancu to IbLo In The Satitm, X3CV, ^ tTI ; AlflO
fitonwood'B Blainti. pp 66-7^

4 Hoar, I. 1T»,

Disputed Election of l8j6

Senator Conkling would naturally have the sup-
port of practically all the delegates from his own state
of New York, ^ and was generally believed to be the
candidate favored by the Administration. This latter
fact was, however, a source of weakness rather than of
strength; for the influence of the Administration was
at a very low ebb indeed, and one of the leading
Republican weeklies declared that "the only man whom
the Republicans can elect is 5ome man whom the
Administratioti coterie would strongly oppose, because
his career and character would be the guarantee of a
total change in the tone of the Administration," ^

Senator Mortorr was still another candidate who was
not favorably looked upon by the reformers. While
a man of great ability as a leader, he was a Radical of
the most inlense type, and was credited with having
defended the civil service as "the best upon the
planet."' His noininalion was opposed in the East
because he was suspected of 'bcin^ a "soft money
man ;" this suspicion was borne out by the fact thai his
oi^aii, the Indianapolis Joanwl, was demanding the
repeal of the Resumption Act, In addition, his chances
were greatly lessened by the fact that he was
so infirm physically that he was obliged to use
crutches. He was. however, loyally supported by
Indiana, and was so popular with the negroes of the
South that a national convention of that race at Nash-
ville on April 7th showed itself almost unanimous in

] S«c bl* Llftt Imy a. R ConUltiic. p. G«4.

i Horptr-t Wrelilv^ XIX, p- I">aS- 3 lUid. XX. p. 413.

The Hayes-TUden

Ills {avor. An ungrounded attack begun about the
same time by the New York World upon his pcrsoiial
honesty reacted strongly in his favor, for it gave him
an opportunity in a speech in the Senate to bring once
more before the country his splendid services as "War
Governor" of Indiana. ^

Of all the candidates. Mr, Brislow was apparently
the man best fitted to lead a campaign whose watch-
word should be "Reform within the Party." As secre-
tarv of the treasury he had conducted a ruthless
warfare apainst the Whiskey Ring; had not hesitated
to secure the conviciion of personal friends of the
President; and had even ventured to bring about the
indielment and trial of Orville E. Babcock, the Pres-
ident's private secretary.' By his activity he had,
however, gained the ill-will of the President and of
the Radical official coterie and had been blackballed
by ihe New York Union League Club.^ H:s chances
were also weakened by the fact that he had not long
been known to the country at large. On the other
hand, he was regarded with favor by the reformers
and was suppnrtefl by a large part of the more reputa-
ble Republican press. *

Of the two other candidates most frequently men-

1 Fcir n goad nf^ounl nf Morton'n onnflfflapy bs* FodIIi^. H,
PV- 3fi7-J9fl, The jiEtack wim made \n ths World of April 2BUi;
aifirmri rppllwl In the Sptipip nn Mfiy Sih.

2 Fnr nn fl/r^JYinl of BrItiiDW'fi tl^rtil »i^1iul fh*» Wlilmlfpy Hlnf
w^f en nrllclc hy H, V. Boj-nlon in Ihe North A*iifv^ait Review
for OclDber. lH7fi, r. 3S0.

tHarjttr^t Weeklv, XX. p. ILS; Now York Tim^a. Mar ISltl.

4 For hlH mniHiJAf^ »« Horper'ii AVi^rkti/, JCX, itp. 182. 102,

3b:!, lie. Ttts Katton, XXII, p. 344, and SlfinwoDd. Blaine, p. ITB,

Disputed Election of 1 8/0

tk>rcd» HartraJift had the support of the great state of
Pennsylvania; but his name appears to have been piit
forward less in hope of his securing the nomitialion
than of keeping the Pennsvtvania delcsalion in hand
antil il could "bt profitably thrown to some other man. ^
Hayes» the other candidate, had been indorsed by Ohio.
He wa& then serving a third term as jrovernor of that
state, and in his various contests for that office had
defeated three prominent Democrats — William Allen,
George H. Pendleion, and Allen G, Thurman. He
was sound on the money question, had a good "war
record, was without any important enemies, but wa«
not much known outside his own slate. Few persons
considered it likely that he would be nominated. ^

A month before the time for the convention at which
the hope» of all but one of these camliilatea mu.st be
blasted there occurred in New York City an event of
considerable political significance. In response to a
call issued by Carl Schurz. Theodore Woolsey. Horace
While, William Cu31cn Bryant, and Alexander U. Dul-
lock, about two hundred gentlemen met in the Fifth
Avenue Hotel to confer upon the political situation,
Among those present, in addition to the persons who
had issued the call, were David A. Wells, Charles
Francis Adams, Mark Hopkins, Dorman B. Eaton,

J BlftlD*, Twenty T«&.n ct Congr?u. IT, p, &flBr Tht act*nd-
uil dmjmnancn bear vui ifie iluun'

S MtClurs, tn his Rtconect^oM of Half a C^iilury, p. 60. taya
UkBl If rbrrv had br^n a btllff ihal the nofilnfttlon «iiiijli1 go io
OniD. Shf-Tman Koi^ld Jiftvp *i*pn put torwRrd. for Havi'A'fl cui-
dWacy ■« Uarper'M W^rfriy, XX. [>[?. i.12 und 16:, riTnf$ of
Apni tttti und HeroUi of April flnl. For fib fl«<wunl ot bl>
cwr Kc Ihe cainpolcit Llf* by WlllJani Dron HowellJ.

The Hayes-Tilden

Thomas Wentworth Higginson, Parte Uoawm, H- C-
Lodge, ard Professor Seelye.

This Fifth Avenue Conference, as it was caJled,
coolinued in session during the 15th and i6th of May,
and, in addition to adopting a resolution in favor of
civil ser\'ice reform^ issued an elaborate Address to the
Afnerican Peoffe. This paper, which was from the
able pen of Mr. SchtLn, was in the nature of a warning
to both parties. After deploring the unprecedented
^■prevalence of corrupt practices in otir national life,"
the address continued: '*We therefore declare . . -
that at the coming Presidential election we shall sup-
port no candidate who in public position ever counten-
anced corrupt practices or combinalions, or impeded
their exposure and punishment''; no candidate "who
has failed to use his opportunities in exposing abuses
coming within the reach of his observation, but for
personal reasons and party ends has permitted them
to fester on; , , .no candidate, however conspicuous
his position or brilliant his ability, in whom the im-
pulses of the party manager have shown themselvea
predominant over those of the reformer ;" no candidate
about whom there could he room for question as to
his beii^ "really the man to carry through a thorough-
going reform in the government."

Although the Radical Republicans and also many
Democrats endeavored to belittle the importance of the
conference by calling those in attendance "soreheads"
and "sentimentaJists," its action was generally felt to

Disputed Election of 1S76

be very significant.* The Address showed, for one
thing, that the independents would not accept a
candidate like Blaine, Conkling, or Morton, and would
support onlv a genuine reformer. The general senti-
ment of the conference had, in fact, been favorable
to Mr. Bristow; and one of the most distinguished
members, Mr, Charles Francis Adams, had openly
stated that in case Mr. Bristow was not named, he
would use his influence in behalf of the expected
Democratic nominee, Mr. Tilden, ^

On June i4lh, a month after the conference was
held, the Republican convention mel at Cincinnati.
The mceljng place was regarded as especially favor-
able to Bristow. for the people were more cnlhusiaslic
for him than they were for Hayes, and the city was
also easy of access to Kenhickians. Numerous as were
Bristow's supporters, however, they were, in the esti-
RiatJon of The Nation's correspondent, decidedly un-
practical. "Lookitiff at 1hem» and seeing the thor-
oughly 'visionary' 'way in which they tried to push
the fortunes of their candidate by appeals to the desire
of the convention for honest government, and to the
detestation of the delegates for all trickery and under-
hand proceedings, it was impossible for the most
genuine reformer rot to regret that they were too

1 fforpflr't W^tliJp Tot Jueiq M.

2 fn pTB^flng IhlH arvmint OT th« unfvrgnf^ I hiiv« con-
nllvd fhf m?a ol Ihr N?w Vark Tixifa. HtrtilJ. U^rrM mid Bun;
or The Natton nnd Harp^r'M Wffklv: and of Ihp IniUanapolla
JflvA, Jvttmal Olid Sentinel. Infornmtlon haa also btfii niD-
pllad mp by Ur 9«liun.

The TlayeS'Ti/Jirn

moral lo use other arguments/'^ Mr. Bri^low's
friends were not the only ones in evidence: Hoosier
siippnrters of Morton came "in trains and steamboats
diartered for the purpose 'as thick ks [no^qiiitoe^ in
blackberry lime,'"' and "slioiitcrs" for most oE the
other candidates were present in goodly numbers. Al-
most every candidate had some colored supporlcrs, but
Morton was especially favored in this rcspccL Black
orators descanting upon the merits of their candidate
were numerous and voluble; their "speeches on the
whole were very nearly as good'as the white speeches,
and infinitely more amusing, partly frosi internal
causes and partly because they were so liniversaUy
recognized as a piece of buncombe."'

One of Che most talked of subjects at the convention
was the physical condition of one of the catididates.
On Sunday, the nth, three days before the convention
was called to order, Mr. -Blaine, while on his way to
one of the Washington churches, hatl been so badly
overcome by the heal tliat he had fallen at the church
door, and even after being renioved to his home had
been in such a stale that for many hours it was doubt-
ful whether he would survive. His opponents natur-
ally made the most possible out of his illness, and ''had
no hesitation in predicting that he would 1jc dead within
a week, or, if not dead, utterly incapable of using hii
mind or bearing any strain." *

1 The Tfation. XXU, 0. 3*].

£ Foullc«. p. 191.

B The Notion. XXII, p. 3}).

4 The Sation, KXlI. p. 3K,

Disputed Election of iSjO

Alihough the effect of this reasoning was considcr-
ablv dinninislicd by the reception of a reassuring tele-
gram from Mr. l&Iainc, an episode pr^owing out of ^i5
illness did have an important effect upon the ultimate
action of the convention. With a friend, Mr. Bristow
called upon his sick rival to extend his sympathy ;
but as Mr. Blaine had come to believe that some of
the attacks made upon him were instigated by Bris-
tow, tlie visit had unfortunafe results. While Bristow
and his friend were at ihe house "an occurrence took
place which satisfied them hoth that the feeling against
Bristow on the pan of Mr. Blaine anfl his near friends
was exceedingly strong and implacable. The story
was at once telegraphed \j\ cipher to Mr. BristiTw's
chief manager ai Cincinnati." and later had, in the
opinion of che late Senator Hoar, a decisive influence
upon the course of events. ^

On Wednesday, the 14th, the convention was called
to order, and was organised with Edward McPherson
of Pennsylvania as permanent chairman.' After cer-
tain other preliminary business^ on this and the fol-
lowing day. tlie report of the Committee on Platform

1 Hiur'a AurnbloffnipJiy, 1, pp 3Bn-3Kr

2 The BlDJn^ fomvi 4^DnTmllPi1 Ihe orvATitEiiTlan nf rhfi fon-
veat]t>D- Prtpm AlnlmnuL Uie tipuncer ilelt^llDD, fikVorubli- to
IforTDFU Aft^ ('irrnrlf'tl, ^nii Iht Ramliirtn dPl-'-fmiL'^ri. yflfne tit
wbom aapfKtfli'*! Blulnr-, w^re admitted. — roulhi-, p, Jifl : MiztTiflr-
ni, p, SHI: TKt§ A'ntirtii. XXir p, lll;t : Tim-es and Hir-iiA for
June ISth and :6th.

t A fmiijrr of thp flrM h^mIoti wn« the reod^ng bj- Mr. O. W.
Curtis of an addr^fn iisueii vami' ntm- iwforA ijy (hp N«v Tone
TMorm Cluh !n favor of r*^einnpllon nnd rivll Btrvlep refoto
mud crltlL^lslni? tJn; ACmirt"in*tlnii sfv<'rBly, The nddresit woa
Tv^irded A* a bard btuw at Ur. ConkUns. — Thu KaUon, XXll, a.
ni; riwirs of IbUi-

The Hayfs-TiiJrn

and Resolutions was heard. When ihe report had
been read, Edward Iv. Pierce of Massachusetts moved
to strike out the eleventh resolution which called for
a congressional investigation into ihe efTect of the im-
migration and importation of Mongolians; but after
debate the proposal was rejected, 215 to 532.^

Edmund J. Davis of Texas then moved to strike
out the fourth resolution, which was to the effect that
the promi*:e made In Che first act signed by President
Grant pledging ibe nation "to make provision at the
earliest practicable period for the redemption of the
United Stales notes in coin'' ought to be "fulfilled t^
a continuous and steady progress to specie payment."
Mr. Davis proposed in its stead a dedaralion "that it
is tlic duty of Congress to provide for carrying out
the act known as the Resumption Act of Congress,
to the end that the resumption of specie payments
may not t>e longer delayed." But the Resumption Act
was not popular in the West, and the party leaders
deemed it belter politics not to go on record as either
favoring or opposing it, Consec|Uently the amend-
ment, after a brief debate, -was rejected,^

In other respects, also, the platform was a temporiz-
ing and rather weak document. Tt ^contained, of
eourse. the usual not undeserved eulogy upon the Re-
publican part}' for its work in purging the land of
slavery. It asserted thai the United States is a ^'na-
tion, not a league;" contained a mitd and half-hearted

1 Tlmea, June lAtti.

E UcPh'^rBon, p. £11 ; Tliaet, Utraldt and World for Jnitv Ifttb.

Dhputet! Election of iSyO

resolution against the spoils system : declared in favor
of protection, and against polygamy anfl public aid to
parochiaJ schools; denounced the Democratic party as
"bcin^ the 5ame in character and spirit as when it
sympathized with treason ;" and asserted that "the
National AdmiDistratlon merits commendation for its
honorable work tn the management of domtstic and
foreign affairs, and President Grant deserves the con-
tmued hearty gratitude of the American people for
his patriotism and hi*; eniineni seruiceii. in war and
in peace." ft also promised that all public officers
should be held ''to a rifrid responsihiliiy" and "that
the prosecution and punishment of all yv\\\> betray
officiaJ trusts shall be swift, thorougli, and unsparing;"
hat it nowhere contained a frank recognition of the
j^ameful condition of the public service or any pro-
mise of its thorough reform. *

The work of platform-building having been com-
[^etedt the convention was ready for the more excit-
ing work of selecting the nominee. Marshall Jewell
of Connecticut was named by Stephen W, Kello^^g;
Morton, by Richard W. Thompson. Bristow was
nominated by General John ^t. Harlan of Kentucky,
and the nomination was seconded by Gt*orge William
Curtis of Kew York, and by Richard H. Dana of Mas-
sachusetts. Conkling's name was presented by Stew-
art L- Wocdford ; thar of Hayeii, by E, F. Noyes ; and
that of Hartranfl, hv Linn Bartholomew. The most

I Th* platform Id r^^^n In MrPh#r»fm. p. 710, sfid In Slan-
I

The Hayes-TslJen

5h-iking^ speech was that made by Col, Robert G, Inger-
soll in nominating Blaine ^ in the course of it he made
the famous comparison of his candidate to a "plumed
knigiit" — an appellation which continued to be used
by Mr. Blaine's many devoted followers down to the
time of his death. ^ At the conclusion of the speech-
making the tide in iavor of Mr. Blaine was running
so hiph tliat his opponents deemed it ^ise to move
an adjournment. In all probability the motion would
have been voted down had not the discovery been
made that the lighting equipment of the building was
out of order. It has since been charged that the
gas supply had been clandestinely cut off for the ex-
press purpose of forcing an adjournment The man
whn planned and carried into executior this manoeuver
was Robert W. Mackay. Mr. Mackay's roommate
was Matthew Stanley Quay. ^

When the convention reassembled at ten next morn-
ing, the voting was at last begun. On the frst four
ballots the total number of votes cast varied from
754 to 755 ; 378 thus were necessary for a choice. Mr,
Blaine received votes varying from 285 011 the first
to 292 on the fourth. On the first two ballots Morton
stood second^ with tag and 120 votes, but was then
passed by Bristow, w^o, on the fourth ballot, received

1 The pfTecr of thin apoech waa partly doatroj^Dd tii' one of
the BGcan^en, a. On>rBta ncETo. who caused inucb laukbttr by
teferrinff to CurTls at "the po*t from New York," and to R. H.
Bbjia HA "our nJnlstsr to Enelimd," nn6 by nukKLng tilma^U

t Mc(7lur«. Our Pr^Hldenla and Uov Wv Ua.ka Themp p. I4V-
(nrvonol vtalemcnt b; tbe Bune aulFior.

Disputed Election of rS^O

126. Conkling started with 99 and dropped to 84;
Hartranft rose from 58 to 71 ; and Hayes from 61
to 68. The strenuous support g-ivon to Mr. Blame
had now thoroughly convinced the supporters o£ the
other candidates that he was the real enemy ; and many
of the parly leaders, knowing that a bolt would take
place should he be the nominee, began to cast about
for some candidate in whose favor a combination
could be made, "The reformers had convinced
Conkling*s followers that he could not be nominated,
and Morton was out of the question as well as Hart-
rvift. This left Bristow and Hayes as the only pos-
^!e anti-Blaiiie nominees." '

On the fiftli ballot began a decided movement to-
ward Hayes, When Michigan was called, a veteran
Republican. William A, Howard, who had been pres-
ent at the binb of the party "Under the Oaks" thirty-
two years before, hobbled out into the atsle, and
in a voice tremulous with emotion said that there
»ras one candidate before the convention who had
already defeated three Democratic aspirants for
the Presidency. — Allen G, Thurman, George H. Pen-
dleton, and William Allen, — and that as he seemed
to have a habit of defeating distinguished Democrats,
it would be the pan of wisdom to give him an oppor-
tunity to defeat yet another one, Tlie speaker then
announced that Michigan cast all of her 22 voles for
Rutherford B. Hayes. This announcement was re-
ceived with tremendous ^plausc; and when the re-

The Haycs-Tilden

suit of the ballot was announced, it was found that the
vote for Hayes had increased from 68 to 104. 1

On the sixth ballot, however, a Blaine stampede be-
gan. North Carolira, which on the previous ballot
had voted for Hajcs, now came over to Blaine; the
Pennsylvania delegation, in wiiich hitherto the unit
rule had been enforced, gave him several votes ; South
Carolina swung into line for him ; and in all he received
308 votes, or within 70 of the nomination. On the
same ballot Hayes had g-alncd only 9; Morton had
received 85 ; Bristow 1 1 1 ; Conklirg 81 ; and Hartranlt

SO-

It was now clear that the seventh ballot would h^
the decisive one. Mr. Blaines followers were confi-
dent and even jubilant. The vote was taken amid
great ex^ritement and t^onlusion. From the first few
stales Mr. Blaine gained many votes; and it was ap-
parent that if he continued to gain at the same rate
he -would be nominaied. When Indiana was called,
Mr. Witl Cumback. the chairman of the delegation,
withdrew die name of Morton and ca&t 25 votes for
Hayes and 5 for Bristow. The crucial moment cajnc
when Kentucky was reached, It was now evident
that Bristow coiUd not be nominated, and his name
was withdrawn. Then, moved by the knowledge of
Blaine's hostility to Bristow, the Kentucky delegates
voted imammotisly for Hayes. ^ They were followed
by most of the remaining delegates who had opposed

1 New Tork Ti-mfa, June ITlh ; JdhcBOn, An AmertOBn Slate*-
man. p. Zlt-

1 Moar, I, p. 212.

Disputed Election of l8j6

Blaine^ with the result that Hayes received 384 votes

and the nominalion, ^

The convention then proceeded to the less exciting
work of choosing a Vice- Presidential nominee. As
usuaJ in such cases, this work was quickly accam-
plished. Messrs. William A, Wheeler of New York,
Stewart L. Woodford of New Yorkn Marshall Jewell
of Connecticut, Frederi-clc T. Frelinghuysen of New
Jersey, and Joseph R, Hawley of Connecticut, were put
in rominalion; but before the first ballot had been
completed it was apparent that Mr. Wheeler had re-
ceived a majority ; the other candidates were with-
drawn, and he was declared the unaniTTious choice of
the convention.^

After transacting some further business the con-
vention, haviiig^ done all thai lay within il5 power to
insure Republican success in the coming elecEion, ad-
journed sine die. ^

1 The foMowlna lablc C>av MrPherw™, p. ZtS) a^Ives Urn Toto
&i detail:

U1 3d Ail IUl 5th etli TLh

ITajva SI Al f!7 flK 1C4 IIS i%A

Blaine- BBb ESi flOR 341 ^SA ^QX 3Ki

Ui>rton IZfi ISD 113 iDt «[t 95

BTlsroV 113 ]U 121 1?« \U 111 *1

C-mldLnff 99 93 00 31 ftS St

Hfcnmnn h% <3 «» 71 *9 BO D

J**"ell 11 CwUhdrawnl

Wm A- Wh*wl*r 1 a S 2 3 I ft

eilhii H- Wiuhbume- 4 1 1 3 31 S

WTi«]e >J>h Df vM?d.. 7&G Tf4 ?f;s ;^4 7&e T&fi ~1«

HaHHBfT lo c-lialce.. ST3 AT3 37S 178 S?! 3TI ITI
A IfePhfTwn. p. IIZ.

Uan 1b baoMl U|wn AIm of ihe Vew York Titnea. WofJJj ffe«M,
fnfryiid. And of the IndlanupuEJA /cmmaJ llulI Nfniffiar.

CHAPTER III

A DEMOCRATIC JdOS£S

The DcTTiccrats approached the campaign of 1876
]i» a more sanguine mood than <iid their opponents.
Flushed by their triumph in the congressional elec-
tions of *74, encouraged by the fact that all but three
of llie Somhcm states had at last been "redccrncd"
from carpet-bag rule, and reassured by the continuous
damagirg exposures which threw discredit upon the
Administration, the opposition, for the first time in
twenty years^ felt fairly confident that the next Pres-
ident would be a Democrat.

The question as to who should be the Democratic
standard bearer in the expected triumph was not such
an open one as in the camp of their opponents. The
signs of the times pointed to Samuel J. Tilden, gi^vern-
or of New York, as the prohahle leader. Neverthe-
less, there were several other aspirants for the honor.
The most talked of were Senator Thomas F. Bayard
of Delaware. Senator Allen G. Thurman of Ohio, Gen-
eral Winfield Scott Hancock of Pernsylvania, and Gov-
ernor Thomas A, Hendricks of Indiana. Senator Bay-
ard had distinguished himself as one of the ablest Dem-
ocrats in the Senate, and was acceptable to the South

The Disputed Election of 1876 12.J

because he had opposed tl^c coercion of ttiat section,
but his chances as an "available" candidate were
greatly impaired bv the smallness o£ the slate from
which he eame. ^ Senator Thurman had proved
himself one of the ablest constitutional law>-ers of the
davn antj had led the Democratic lawyers in many a
hard foug-ht parliamentary battle. Being a "hard
money" man. he was regarded with favor in the Eaat,
but the "soft money" tide was runninp high amon^ the
Ohio Democrats just theji, and ultimately the candidate
ptrt forward by the party in thai state was a "soft
mor^y" man, ex-Governor Allen.* General Hancock,
four years later to be the party's candidate against
Garfield, had been a strong competitor for the nom-
ination in the convention of 1868. He ivas popular
with the war veterans, and was looked upon as a pos-
wble *'dark horse," though he would go into the con-
vention with but little support outside his own stale
of Pennsylvania.* A candidate whose fortunes were
pushed wilh greater vigor th^n those of any other yet
discussed was Governor Hendricks. As congressman,
acnalor, and governor, that gentleman had been prom-
inent In state and national politics for many years, had
been one of the leading candidates in the convention
nrhich nominated Scyniour. and had received most of
the \otes of the Demoeratic electors in 1872 after the

See Bl» Tfmfl* of

I ivn-u. April itih. Jiin^ iiTti and acin.

April IvU June S^d and Bfith.

1 Harper' * MCrvk^v Tor Jub^ t; Tiv%V9 and World for M4r

> Sm liffi t>y Goodrich, dd. IDl-SDC; fimtt or Juno Sfld.

The Hayes-Ttlden

death ui Gredcy. Keliad an enthuaiastic following in
Tndiana and some other states of the Middle West, but
was regarded in the East aa a ^^trimncr" and as unaaEc
on the money question. ^

Of all tlie men mentioned for the nomination, how-
ever, Governor Samuel J- Tilden of New York ap-
peared to be the logical candidate to lead in a "reform''
campaign. Mr^ Tilden 's rise to national prominence
had been rapid, but his experience in local politics
had been long and varied. At an early age he
had shown great precocity in political matters, and had
become intimately associated with that prince of pcli-
ticians, Martin Van Buren, He had followed his
leader in the Barnburners' revolt of 1848. in 1855
had been the candidate of the "soft shell' Democrats
for attorney-general. []ut in lime had once more found
himself within the regular party fold. Mr Tilden
had won great distinction as a lawyer, and through
his success as a railroad 'Veorg^anizcr" had managed
to amass a fortune of several millions. Although his
stand during the Rebellion had not been exactly what
lovers of the Union could have wished, this had not
prevented him from receiving in 1866 the chairmanship
of the Democratic State Committee in New York.
In this capacity he had been more or les5 associated
with unscrupulous leaders of the party in New York

1 My Infornintlon upon HendHcka'fl 4?ajidIdflC^ haa bHn

Npw York Tim^o rtf Viy^y ?fllh. ^Ist nnrt Vlny IBlh, Fnr n ■ketch
of hin imver up li> this llnif itc*- Cuok, lAvt^ ot Tilden and
HpHilrlrlfH, pp :{I»S'37S. Blfi-lt>pij anvB Hflidrli^kfl vna "fih>r» nr
\wa InfecteU with oJl Ulp polltLciil hervates of llic prrliHl ajid of
the SBCtioa In vhlch he resldwl/'—- l-[fe ot TUdon. I, p. 305.

Disputed Election of iSjb

City: but after the exposure of the Tweed Ring by
Th£ Times in 1^71^ he had at tlie eleventh hour thrown
himself into a d<?spefaie struggle against the Ring, and
it had been partly through his efforts that the organi7a-
tion had been broken up. Despite the op^^sition of
Tamniany. he had in 1874 become the party's candi-
date for governor, and had been triumphantly elected
over John A. Dix by a plurality of about 50,otX)- Aa
governor !ic had waged a relentless and successful
war upon the so^allcd "Canal Ring," and had also
succeeded in reducing the rate of taxation- Cold.
calculating, and secretive, he did not possess the qual-
itjcd which arouse great public enthusiasm; but by the
activities jost described he had gained a great repu-
tation as a reformer, and, though he had incurred 3omc
bitter enmities in his oA'n parly^ had succeeded In mak-
ing himself in a certain sense the man of the hour. ^

The Tilden "boom" was formally 'launched*' upon
country by the New York Democratic convention

Utica on April 27th, 1876. Despite the bitter op-
position of Tammany under the leadership of John
Kelly, the convention commended the work of Gover-
nor Tilden and adopted a resolution to the cHect tliat

t Tbd bcul lAtf of Tlld^n^ [UfbouBh unortUcal, Lp th^t by
BUiFloW' lllu.1n>* Niy!i at TIMt^h "HIb hour had coiii?^ 1i»?
ptomptlF ffr0«PHl Ih*- Iftfuli^'ublp thua toft open- Starting out tat
tJi« PmldfiilUit noriklnEiliciL IiIh plan 4Tnbrac*'i1 three reatum:
fats BieppLnS qfnne was the guvornarahtji. tW uhlbbolelh wna «<)-
mliUaiiailvt rvfiTm. hln meili-^l was or^ajiliuilon lo d *l^grv9
triilob !>•* 7\*^itr bH>n •urpaai'od " — "Twenty Y^ars Id Conffi-em. TT.
p. iT4. "Not a fliJt(r?irnan Jn tFk« hlslierit sense ot (lie ivorJ. nor
B Aeina«M?VU« Id thn loo'^fit tpfnf oT l^mc wnrd — h ffi'nulnp Ami^T-
tcaii MlKlrlan of iho flmL order." — Burffcea, Recvafftruclloa uid
UiQ CaaBtltullnip p^ SSI,

30 The HayeS'Tilden

the Democratic party of New York "auggest, with
spcctfuJ deference to their brethren in other Slates,
and with a cordial appreciation of other renowned
Democratic statesmen, faithful, like him, to their polit-
ical principles and public trusts, that the nocnination
of Samuel J. Tilden to the office of President would
insure the vole of Xew York and would be approved
throughout the Union." ^

When the Democratic hosts gathered at St, Louis in
the latter part of June, it was aJready apparent that
Tilden, whose canipaign had been managed with con-
siimniate skill, wa5 in the lead and would probably be
nominated. Nevertheless, his opjwnents did not give
up hope. They urged with sume force that the Dem-
ocfatio standard bearer in each of the last three cam-
paigns had been a New Yorker, and each time had
gone down to disastrous defeat. The Weslcrners
pointed out tliat Tilden was a "hard money'* man and
would not be acceptable in their section. Most of all.
bis opponents emphasised the fact that he had numer-
ous parly enemies in bis own state. Of this last there
was present concrete proof in the shape of a large con-
tingenl of Tamrnany "braves," led by John Kelly, who
did all in their power to persuade wavering delega-
tions that Tilden would, if nominated, be overwhelm-
ingly defeated in Mew York. The Tilden forces were,
however, admirably organized, and, und«r the leader-
ship of such men as William L- Scott, Avery Smith,
Senator Kernan, John Morrisey, ex-Senator Gwin,

iN^w York MeralA, World m\A Timea for April 58th.

Disputed Election of J 876

Lierjtenant-Govcmor Dorshcinier, Monlgomery Blair,
>ml Henry Watterson, were able to convince many
delegates that the proper candidate to lead a "reform"
campaign was tlie "reform" governor of New York.

The convention assembled on June 27th in the Mer-
chants' Exchange, and was called to order by Augustus
Schell, chairman of the naiionaJ committee, Henry
Watterson of Kentucky was chosen temporary chair-
man ; he, in turn, gave way in the afternoon to
the permanent chairman, General John A. McClcr-
nand of Illinois. On the following day after listening
to a number of speeches, among them the usual one
by a representative of the woman suffragistSn the con-
vention received, through Mr. Dorsheimer of New
York, the report of the Committee on Resolutions,

The platform thus submiited can be roughTy sum-
marized in the one word reform. "Reform," it
prodaimeil, "ts necessary" to sermre the country "from
a corrupt centralism which, after inflicting upon ten
slates the rapacity of carpet-bag tyrannies, has honey-
combed the offices of ihc Federal Government itself
with incapacity, waste, and fraud, infected states and
municipalities with the contagion of misrule, and
locked fast the prosperity of an industrious people in
the paraKsii of 'hard times/ Reform is necessary"
it contineedp "to establish a sound currency:" and it
denounced the resumption clause of the act of 1875 as
being a hindrance to a speedy return to specie pay-
ments, and demanded that the act should be repealed.

Tkc Hayes-Tiiden

^*Refonn is nrcessary," it asserted, "in the sum and
modes of federal taxation ;'' and it deiiounced the
"tariff, levied upon nearly 4.000 articles, as a master-
piece of injustice, inequality, and false pretense.'* *'Re-
£orm," it further declared, "is necessary in tlic scale
of 'public expense, — Federal, state^ and municipal/'
in the system of land granting-, in order *'to put a stop
to the proiiigate waste of liie public lands;'' in the
civil service; and even more in "the higher grades of
the public service."

"When the annals of this Republic." it specified,
"show the disgrace and censure of a Vice-President;
a late Speaker of the Plouse of Representatives mar-
keiiiiE his rulings as a presiding officer ; three Senators
profiting sccrctK by tlieir voles as law-makers i ^^^
chairmen of the leading committees of the late House
of Representatives exposed in Jobbery ; a late Secretary
of the Treasury forcing balances in the public ac-
counts; a late Attorney-General misappropriating pub-
lic funds ; a Secretary of the Navy enriched or enrich-
ing friends by percentages levied off the profits of
contracts with his departments; an Ambassador to
England censured in a dishonorable speculation; the
President's private secretary barely escaping convic'
tion upon trial for guilty complicity in frauds upon
tlie revenue; a Secretary of War impeached for high
crimes and misdemeanors — ■ the demonstration is com-
plete, that the first step in reform must be the people's
choice of honest men from another party, lest the dis-
ease of one political organisation infect the body
politic, and lest by making no change of men or parties
we get no change of measures and no real reform/'^

I TliB pijilTorm 13 Blvon ir MoFTiPfson. n. B16. uui la SLui-
wood, p, Z%^.

Disputed Election of 1876

With the greater pan of the platform the entire con-
vention "Aas in hearty accord; but the financial plank,
while ambiguous, uas not satisfactory to the "soft
money'' elemem, and a hard fight was waged lo sub-
stitute a minority report. This report, signed by Ew-
ing of Ohion Voorhees of Indiana, and others, provided
for striking out the clause, *'As such hindrance we
denounce the resumption clause of the Act of 1875,
and we here demand its repeal,'^ and putting in jta
place the following, "The law for the resumption of
specie payments on the 1st of January, 1879, having
been enacted by the Republican party without deliber-
ation in Congress or discussion before the people, and
being both ineffective to secure its objects and highly
injurious lo the business of the country, oug:ht forth-
with to be repealed." Voorhees and other speakers,
voicing the "West, the great and boundless West/'
spoke ardently in favor of the chanpe ; hut the min-
ority report was voted down by 550 to 219, The plat-
fomi» as reported^ was then adopted by 651 to 83. ^

Nominations for the Presidency were then declared
in order, whereupon Whitcly of Delaware presented
the name of Bayard; "Blue Jeans"' Williams of Indi-
ana that of IJendricks; Abbott of New Jersey that
of Governor Joet Parker; Senator Keman of New
York that of Tilden; Ewing of Ohio that of ex-Gov-
emor Allen ; and Gymer of Pennsylvania that of Han-
cock. Much excitement was caused by a speech made

Iww l«ttl.

Torif HtraTd. World and Timu of

The Hayts-Tilden

by John Kelly in opposition to Tilden. He was inter-
rupted and his^fd, and was able to get a hearing only
after some oi Tilden's own supporters had called upon
the audience for fair play. He then solemnly asserted
that the nomination of Tilden would result In disaster
to the part>-, and declared himself in favor of Hen-
dricks.

When the balloting began, it soon became appar-
ent, however, that the majority of the delegates were
of the same opinion as one of the speakers — that a
"reform campaign without Tilden vrould be like the
play of Hawlet with Hamlet left ouL" Of the votes
cast Tilden received 417 out of a total of 739. The
balloting in detail was as follows:

Tilden 417

Hendricks 140

Hancock .....,,..,. 75

Allen g6

Bayard 33

Parker ., 18

Total 739

But though Tilden had a majority of the voles, he
had not yet received the requisite two-thirds, so a sec-
ond bal!ot was ordered. Before the result of the bal-
lot was announced the anxiety of many delegates to
be on the winning side resulted in Missouri and other
states announcing changes in their votes, with the
result that Tilden received 535 votes and the norai-

Disputetl Election of 1 876 35

nation.^ The nomination was thereupon made unani-
mous, and the convention adjourned till the following
day.

In the interval the deleg-ates devoted much time to
canvassing the possibilities for the Vice-Presidency.
Among diose mentioned for the lionor were Hendricks
of Indiana, Pa>iie of Ohio, and M, R. Morrisonf ex-
Governor J. M_ Palmer, and Cyrus McCormick of Illi-
nois, When the convention reassembled, however,
sentiment had so crystallized in favor of Hendricks
that, despite the fact that it was not known whether
he would accept, he was nominated by acclamation.

After the Iransaclion of some further business the
convention, having done all that lay within its power to
insure Democratic success in the forthcoming election,
adjourned sine die. -

1 Ttie »>-«nnfl hnUot In d«tit-ll wan u toUaw* :

Tlldrn £3G

H^ndriclu «0

HMCocfc G>

AllPB E4

B^r^rd 11

l>art(er IS

Ttaunnui ......... ..^.._..,_....... 7

Total 744

lat at the Democro-tLe convpTiElon Ld taao''d \a Ixcgn
ntefl of tbc DwipapcfH mtnuaiiiMi n U)e ead of
chapter.

CHAPTER JV

THE CENTENNIAL CAMPAIGN

The wort of the two parties in their respective cor-
ventions was fairly well received by ihe rank and
file of each. To be sure, the Republican nominees,
while thoroughly respectable, did not arouse a great
rieal of enthusiasm ; but it was felt [o be something of
a victory to have put in the field a ticket upon which
all factious of ihe party could unite; and when the
first shock of surprise caused by the nocniuation of
Hayes had passed and a knowledge of his stubborn
^itand for sound money and of his war record — four
honorable wounds and a brevet major-gieneralcy —
had been more widely disseminated^ not a few mem-
bers of the partv came to believe with reason that
the choice for the head of the ticket at least had been
the wisest possible.^ As for the reception accorded
the Democratic nominees, Tilden was for a httle while
looked upon with disfavor by some elements of the
party in the ^'soft money*' West; while a somewhat

1 Barper'a Weekly. XX. pp, GSC and ^i<i: Curu^-SB. Heccn-
Mmenan aniT ihe OonBLTtuooii. tl ^£i : mnlne. n, n. 612. Blaine
natui^nlly Aare not apfnlr qiili^ bo etrongLy, Tht-« Conkllng fortoH
remained aijalh''nr <lurlnK thf ciimpnlKn : Tor b p-irLlul etplHiie-
IIdti «p4> th4> Utc or CimkHnff b^ A. R. ConkUntr, pp. tX^-5\2 and
G2]. Cunkllnc prcnilted (.ii'make four ipcechefl. but on accouot
«f niriFM fnad« only onf.

The DispuUd Election of I87O 37

(cding towards his running mate was cnler^
laiDcd by some Democrats In the *'hard money" East;
but in bolh sections the dissentients soon fell into Hnc
uid supported the ticket. '

As regards the platforms, that put forth by the
Democrats, though vague on certain important issues.
particularly- those of rcsvimption and civil service rc-
form, was looked upon by somt independents as the
fitronger,* Th^ Nation, the mo^ ablv edited o£ the in-
dependent periodicals of the day, was of the opinion
that the utterance of the Republican platfomi on the
question of civil service reform was a '"barren propo-
sition," that the platform evaded the cnrrcriiry issue,
and ihat, a^ a whole, it afforded "an excellent specimen
of the sort of mild imposture which the politician of
our day tries to practice on the people after his part/
ceases to have substantial and unmistakable work to
do/""

The letters of acceptance received more attention
from the public than did the platforms. * That of Mr,
Hayes put him in higher favor with the reformers,
for in it he denounced the spoils system as tending to
"extravagance and official incapacity." and declared

I The CtndiUkBU SnguErcr callod Tlldf-a'fl DomlaKUDD a blow
»t th* Wp»H t the I!^'ani^7^1ll« Covrief WmfHjrarlly thtl(«d th*
Ucltcc - kiid oilicT westi^rEi Detiicrerullc nt«i>pHperH, notaLI/ tha
bdlJinAi^flH SnfTiif^ WTO far n rtny (vt Twn nr>( o-i: fill onthui-
taiv«lG fur Tllden- Btsfloiv Ihlnkfl thnt (hr nomlnAtli^n oX Hpq-
4rtekV pT^vt-tiAt-^ miiny lndofi^ndtnu rrom BuppnrUns Uia Uo1»t,

•^Ut* of Tiidtfn, I. \i :)t?a,

a T** -VrtNrtii. X3(in, V- \-

xtttd. xxn, r- i»n,

4 f tivf, XXIII, p. 144. The lelTPEH a» Elvm In McPherwm.
p^ *y* and 21T: a\m In tbc Any^wtl Ov^laptdin. ISTS. pp. TSI

The Hayes'Tilden

himself unreservedly for civil service reform, * Mr
Tilden devoted the greater portion of his long letter to
financial questions. His arguments, in general, were
able ones; hut his plan for resumplion, in view of the
past attitude of his party on that subject, was "cloudy
in the e?ttrEme."^

In tlie wecka immediately following the conventions
much curiosity existed as to what would be the action
of the Independents. In the main the members of the
Fifth Avenue Conference, though they had leaned to-
wards Briatow, and were not entirely satisfied with the
Cincinnati platform, came out for Hayes; notable ex-
ceptions were Mr, Parke Godwin and Mr. Charles
Francis Adams, botii o* whom supported Tilden. *
The leaders of what remained of the Liberal Repub-
lican organization declared for Hayes and declined lo
hold 3 convention.*

But though the Liberal Republican party thus dis-
appeared from history, three other minor parties re-
mained. Otie of these, the Prohibition Reform Party,
liari in May nominated at Cleveland a ticket composed
of Green Clay Smith of Kentucky, and G, T. Stew-
art of Ohio, The Independent Nationals, or "Green-

1 7\e jVnfton, XXIU. pi). IT fljid 84. Mo Huyva nlso atated on
"[TinpiIMp purpoflt. If elected, not to bt a condldate (or a nao-
OQd Iprm,"

S IhiA, p. 84.

S Set an tKlcli* on "IndependrQta In the CanvHBa" In tho
Norlh Amflrifai Rtvttic for CWInlwr, 1876: nlito Th« WaHun,
XXIIIh p. 222, A [pittr nrliten fay Oodwln iippp-arrJ Itt tbq
rnftwfifl for J\Ay ?2i1 ; orp by Adams In IhP h'un for Auf^at Sth.
Adaraa woj iLomlnrLtcd Tor sovomor by tht^ UansactiiiQetls Dcm-
wmtH. Much was iaid by aepufiiicifti atioul "AdQmi'H fall."

Disputed Election of 1 876

backers," in a convention held at Indianapolis in (fie
same month had nominated the philanthropist. Pet«r
Cooper, of New York, and Mewton Boodi oE Califor-
nia; but Bootli had subsequently declined the honor,
and Samiid F- Gary of Ohio had been substituted, A
third organizailon. the American Nationals, had in
June mei in mass convention at Pittsburg and had
nominated Janics B. Walker of IJlinois^ and Donald
Kirkpatrick of New York, ^ The race made by these
three parties served to give a humorous side to
the canvass, but all serious interest was concentrated
upon the doings of the Repubhcans and the Demo-
crats.

The Democrats, under the direct but secret manage-
ment of Mr. Tilden himself, fought the campaig-n on
lines laid down tn the platform. Their speakers de-
nounced the evtravagance of the Republican rule, and
eontrasted die cost of Democratic government under
such Presidents as Buchanan with the enormnus cost
under Grant. They pointed to the '^Salary Grab ;" to
the whiskey frauds, by which, ihey asserted, the treas-
ury bad lost not less than Si5,oco.ooo annually; to
the Clews Banking Company scandal : to the Emma
Mine scandal* with which the minister to England had
been connected; to the Credit Mobilier scandal; to the
Venezuela scandal: to the Post Trader frauds; and
to a1) the other malodorous transactions in which in-
cautious congressmen, cabinet officers, and other per-

l Acwjuntu nf aU thp«0 mnveitTlcin*, witli thp plutfomui, ar«
CTvsi br HcClure, t^. BET-t0O; al Uie RrAt IWD br McPhtfnaq,

The Hayes-TUden

aons high up in the Republican party had been in-
volved, ^ And having brought their indictment, they
tried to convince the people that the only way to se-
cure an efficient, Iionest, and economical administra-
tion would be to turn the Republicans cut and put
the Democrats in.

The Republican leaders were quite aware that their
party's recent record was not one wilh which it would
be safe to go before the people. Practically their only
hope of fiecurin^ a new lease of power lay in creating
a still greater distTust of Democrats than was enter-
tained for Republicans. They set about doing this
by reviving the sectional issue, by denouncing the
Democracy and all its works, and by attacking with
great virulence the personal record of Mr. Tilden,
As already related, the way for the revival of the sec-
tional issue had already been prepared by Mr. Blaine,
The party orators "waved the bloody shirt" with great
vehemence^ dwelt upon the horrors of Andersonville,
harped upon the intimidation of negroes, and sought
to identify the Democratic party with the party which
brought on the war. Another argument was thai i£
the Democrats should come into power, they would
pay about two billion dollars' -worth of Soudicrn war
claims, and would also ruin our credit abroad, ^ Much

low, II, pji. l-«- Sep alag inp Dtniucraxie Cumpolgn Twtl Buok
for 1NT<- Sojno utiLTniiortrmt atldckB were mnd*? upon Che Jn-
tesrlEy of the RiTubllCjii^ ciindlditEceir Mucli [iJdo was said about
Republican mlflE:[ovi:rnTnf<nt In the South.

2 Tfte Vnrioft, XXIII, pp, 147, 2S3, 277- TlWen iMueJ n utata-
mrnr dpnylne Uiat he wuuM oUun Uie i-aymeiiC af tEif clalnu-

Disputed Election of iSjO

was made of the conflicting apinions of the Demo-
cratk candidates on the currency question. One of
the cartoons of the day represented the party as a
double-headed tiger, one head being that of Tildcn,
the other that of Hendricks; the collars round their
necks were labelled rcspccli%'ely "Contraction" and
''Inflation ;" below was an inscription, part of which
read, *'This double-headed, double-faced Tiger can
be turned any way to gull the American people/'^
As an offset to Republican frauds, the orators said a
great deal about Tweed and Tammany Hall. And,
when all other resources were exhausted, they fell back
upon "the general cussedness of all Democrats, theif
moral degradation, liking for liquor, aniipatliy to 'good
men," and fondness for brawling, fighting, and gen-
eral deviltry," -

The attack upon Mr. Tilden was led by the New
York Tifncs. The chief charges broughl against him
were that he had' been a railroad 'Vrecker," that he
liad extorted excessive fees for kgal services, that he
h*d been a Rebel sympathizer, that he had failed to
make full and fair returns of his income to the lax
assessor, and that he was a mere sham cleventh-lioiir
reformer, who had gone into the fight against the
Tweed Ring and the Canal Ring merely to pave his

t Snft In Sarftr'a Wtiiktit, July Z2i; ■» al#o number lor
Aavuai zaih.

t T** JVaxlon, XXIFL rp, nC'lIB, Far a humoroui view of
IA» DKmpalBH ■«« thitt^ f. Si>S- Many Indvpendi^tkU hgd hoped
IkM ific CBflitrialsn vouli^ be one of reojicin noc of Tvcllnff- Nol
nit&b «K< ihM ^boul cWi] florvic* reform «h(N*pl al Ihi? v«rv
IML A KooH de&l iw natd In »me qi]fl.r{«n about >talB old to

4-2 The Hayes-Tilden

way to the Presidency, Most of these charges were
wholly without foLindation; some of them were even
absurd; but there was a modicum of truth in some of
them : they were seized upon with great avidity by the
Republican press and orators ; and Mr. TUden was kept
busy "explaining.'*'^

Despite all their efforts, however, tTie Republicans,
even tinder tbeable management of the astute Zachariah
Chamiler of Michigan, were not immediately able to
turn back the tide -which had been running against them
EO strongly during the past three years. The results
of the elections in the ^'October States" were slipjhtly
unfavorable to them. West Virginia went Democratic
by more than 12.000, and Indiana by more than 5,000,
while in Ohio the Republican majority was less than
9»ooo. '

Throughout the campaign the Republican news-
papers were full of stories of Democratic outrages
upon the negroes in the South. Whh the idea of
■weakening the Republican charges a Northern Dem-

1, Djujn ihe rtubjtcl of his wurk b.d a ritLIroad "r<*ctrsii.ii[Ber"
MP HdrpffTfl VnptJb, VX. p. 751, nnd Thr IV^arinii, XXlH. pp,
\\\. lU. 213. "Slj Sam. the HaUnwi,! thief,"' was oup of Umj
pIf'aiiarLl nPTtllsUonfi bfBtnvr^ upon him tn one oC th« utm-
pAlffn flcmff* For hl& Gttl(udi> during The war sw Barpf^r'a
WfTtrt, XX. pp fi9(\ 730. 75fi, ll2f : Thr Nation. XXITI, p 111;
on*3 apeethen of J, A. Kaspon nnd A. S, Hewitt In Houhp oI Rep-
rHSi-nlHllvpB /in Aii^-tinl lllh- T\\f Income tan ohflra*' was pronsed
yrixH fi-r^iit vlgnr, i^<f Ulgc-lowH 11. pp. 6-7, SSE-EflO; Th^ iVaticm,
XXIIT, r^P T-!J. m. ]ii7. nt, 1H7. IA^. 1^^. SS-^ on nil ihfHB
rnatrer^ 1 have itiai!'' Ufl'' of fllca of the rjffi«:ff, fferoU nnd TpDr^d,

£ ^ntiicaf C\ic\fiimfdirt, 1K7S, pp. 411, fj4S, BOfi. In IncHann the
RppiittrirfLiifi vre hanilLca]>ped »y the dEwnvery tTin their can-
dkdnr^ for ffovemor, O. R. Ortli. ^ad hi'f^n ImpUoLted In tbo
Vm«Eue1a ncanOtil, He WOiS rorepa lo wtUiUrav. aaJ Bcnjajnln
Harrlaun naa aubetltured, but the ac&nilal dfd the piirtr ETcnt
hann.— Foullie. II. p. 41fi.

Disputed EUction of t8j6

ocrat, Scott Lord of New York, in Aujjuat introduced
into the House of Representatives a resolution to the
eSect that "all attempts by force, frauds terror, in-
tifnidation, or otherwise to prevent the free exercise of
the rights of suffrage in any state, should meet cer-
tain, condign, and effectual punishment," The resolu-
tion was put forward rather unexpectetlly without a
party cofiference on the subject, and for various rea-
sons it proved rather embarrassing for some Demo-
crats, However, after attemprs had unsuccessfully
been inade to dodge it. It was passed by a large ma-
joHty. although many Democrats refrained from vot-
ing either for or agMJnst it. '

Mtich more effective sleps <o prevent disorder in the
South were taken by other branches of the Federal
govcmment. On the I5ih of August the secretary
of war, in an order which quoted the above mentioned
resolution, directed General Sherman, the commander-
in-chief, to hold all available troops in readiness for
use, upon call or requisition of the proper legal author-
hies, in assisting to secure the political rights of all
citizens, irrespective of color or condition. On Sep-
tember 4th the attorney general issued a circular of
instructions for the guidance of the United States mar^
*^al9, whose duty it was, under the Federal election
iaws< to exercise an oversight over the conduct of
elections for congressmen and electors. Three day*

1 rVHi0rvt><nirar Rtcari, 4lih ConBreH, l*t Benlcn. p. 5414:

4f The Disputed Election of 18^6

later a general order was iaaued for the guidance of
the army, i

But despite all these resolutions and instructions,
there came up from time to time from the Southland
rumors of mtimidatioOf of "massacres/' and of other
manifestations of a bitter determination on the part
of the Southern Democrats, particularly in the "unre-
deemed" states of Florida, Louisiana, and South Car-
olina, to win their way to political power at any cost.
In South Carolina the activity of "rifle-clubs," riding
"up and down by day and night in arms, murdering
some peaceable citizens anJ intimidating others,'* be-
came so great that in October the governor appealed
to the President for military aid> and more than thirty
companica of troops were sent thither. But the exact
trutli concerring the situation in these states is so
intimately connected with conclusions which must later
be drawn that the subject will be taken up in detail in
future chapters.

I An tli«e pflpera Ar« ^v»i] In Roufifl Ek. Doc. No, 30. 44Ui
CaDff- -d ^i^os.. pp. C'lO. Tbp ordpr Isau^d b>- the aecrvtAiy of
war Qrrnifle<l miirh "DamocraUc fiirj" and denUncl&ElDn- — Har-
per's U'ceAIy, XX, p. flOfl.

CHAPTER V

THE EtECnOW — HErUBLlCAN UOPE AFTER DESFAlJt

The returns wliich came in on the night of Tuesday,
November 7th. were such as to indicate the election
of Tildcn and Hendricks. The Democratic morning
papers were almost unanimous in claiming victory;^
jubilant headlines or the pagfes of journals which had
taken no satisfaction in chronicling the results of a
Presidential election for twenty long years announced
the news. * Thp Republican newspapers were scarcely
less unanimous in either directly or indirecliy admit-
ting defeat. A fair 5am[]le nf what appeared in many
sach papers that morning is the following, taJcen from
the Indianapolis Jaurn<d, one of the most intensely par-
tisan in the country 1

1 II hBF erronf-atialy bf#n clalnpd that &1L the nflVapnpFini In
ttiv DDTinlrv. wlUk (he firnptlnn nf th«> "Hfw York T4ifii>«, ati-
ai>anced a Df-mdCradc victory. Thr Ni^vf Tork BbtqM. Sot ><■'
uDDle. did not^ In ill 2 :30 edluon on tb^ mominir oi uv- Scii
U fftAtcd Uu( (h» "Ft«^(iU la und':cl<lod." On th? ftlh Ita eum-
m«ry wiu: ISI Uit nayt^9. IhA Tor Tllden, with Florida, in
ioubL "I* TUilcii'o el«lloii." It qutHea, "o Snarh or a Boo-

3 Tlie ntv era b«slnB," said i^e Ntw York ITcirrd^ "FetM
on ESarUk ond to men <tt pi»d wlU U tbe ^oHaui nH«AA^ ttf |h|«
sltirUnu dAF'"

The Hay€S'Tildcn

-THE RESULT

"Tilden and Hendricks Undoubtedly Elected
Connecticut, New Vork< New Jersey, and
Indiana Join the South. Which Gives Them
123 Votes and Swells the Aggregate to 188,"

An editorial in the same paper read as follows:

"With the result before us at this writing we see no
escape from the conclusion that Tilden and Hendricks
arc elected, The Democrats have doubtless carried
every Southern state, together with the states of New
York, New Jersey. Connecticut, and Indiana, with pos-
sibly Wisconsin. No returns have been received from
the Pacific coast, but none that may be received can
inaierially alter the present aspect cF the case, Tilden
is elected. The announcement will carr>' pain to every
loyal heart in the nation, but the inevitable truth may
35 well be stated,"

But there was one Republican newspaper office,
namely that of the New York Times, in which a dif-
ferent view of the result prevailed. Many erroneous
statements have been made regarding what look place
in The Times offire that night. ^ One sitory which has
gained wide currency is lo the effect that as Mr. John
C. Reid, the news editor, sat m his sanctum deploring
the defeat of Hayes, he received from the chairman of
the Democratic national committe. a note inquiring
about the result in Louisiana. South Carolina, Florida,

I See» far csonple. Bl^lcnt. IT. p. 9.

Disputed Election of lSy6

and Oregron;^ that Mr- Rcid thereupon, without any
information on which to base his belief other than this
hint of Democratic uncertainty, proceeded to claim
these states for the Republicans ; and that at that mom-
ent was born a "conspiracy" which ultimately resulted
in the seating of Hayes. As a matter of history,
"neither ^conspiracy* within the office nor 'inspiration'
from without had anything to do with the verdict,"
In the editorial council, composed of Mr. John Foord,
Mf- George Shepard, Mr. Edward Cary, and Mr. Reid,
there was, to be sure, a difference of opinion as to
what attitude to assume, for the dispatches received,
especially in the earlier part of the evening, had been
unfavorable: but "the clear and composed intellect of
Mr, Edward Cary [not of Mr. Rcid] exercised a pre-
ponderating weight' against conceding Democratic
vK:tor>".' Accordingly the followine non-committal
editorial, prepared by Mr. Cary, appeared in liie first
edKkin of The Times:

"a doubtful election

"At the time of going to press with our first edition

1 At l:l£ A. tt. tbc foUowlfiff dlspalch WhB B?n1 to TAs TImemi

Tlfaat fflve vaur Pfltlnure or eitcTorA] voif.4 ri--('ijrH^i Mr HI-
d*fl. Anjnrer al onc#.*' Bm the dlei:intc-h wftfl pl*rrn'<] hy P. "A.
MtfDDVL iwl try Senati>r Bjimum. bs sooie wrUprn hnvq stated. —
O-lL UU Doc No. SI. 4Lth Cants., M evtSr. E, p. &27.

I Mr authority Tor this accovnl la In purl the Jubilee Suiiple-
B«i1 of Thf< TimpB, i^npiomlr^r IS. JDOl. ftp. ]?-!». "The dlll-
iea» of tbe Ri-nU^'iiuin iitsi namtd |Mr. ReldJ," hilvh tills oc-
cmnc "'Ui BviUttnLne ihf- Ft^'pulhlLcan mflnnfft-rn If a p^rc^ptlon of
tht duty whlcti HWfiUea itit-iti In tin- Aiiulli nuiv aixiounl Tor tha
prvToJvnt Impn-neton Lh-il thv eland of 7hc Times In rt^rd ta
Ihr rleclluiJ o( Hayed ami ^^']ll^ll:^ wii* '.-apfL-lnIly his worK/'
As a iFialtiT of fact, Mr. Rutd fAvored qclraUtlnff d*fi,'ftl- For
■aTiv? of IliP facl* not poiLlaJnpd In the Jubllet Suppi'-intnl I oni
IqdrMfd ta on* of the ert^Mi-me-n who wju pretipnt ikl the "odl^-
toilni wUftcH-"

The Hayes-Tilden

the result of tlie presidential election is slill in doubt.
Enough has been learned to show that tlie vote has
been unprccedcntcdly heavy ; that both parties have ex-
haunted their fnll legitimate strengih ; that the peculiar
Democratic pohcy for which 5uch extensive prepara-
tions were made in the large registry in this city, and
in Brookl^Ti, has had its effect, and that in some of the
states where the shotgun and rifle club were relied upon
to secure a Democratic victory, there is only too much
reason to fear that it has been successfuK"

Then came a paraf*raph corcedin^ New York and
after that figures showing that Tildcn had received
175 votes for certain and Hayes 178 votes for certain.
The editorial closed thus:

''This leaves New Jersey. Orcgx>n and Florida still
in doubt. If the Republicans hax'e carried New Jer-
B^, they have 187 votes, or a majority of ftve. If they
have carried Florida and Oregon, they have 185 votes,
or a majority of one. The Democrats, in order to
gain the election (New York being: conceded), must
have carried New Jersey, and in addition either Ore-
gon or Florida, ITie returns from New Jersey leave
die slate in doubt. Oregon is not heard from, Flor-
ida is claimed by the Democrats."

Later returns proved more favorable, ami in a sub-
sequent ediliori published at 6:30 a, m. a slightly more
confident editorial displaced the one just quoted. The
pessjEnistlc sentence about tTie shotgun and rifle clubs
was struck out of the first paragraph, but the para-
graph to the effect that New York had probably gone
Democratic ivas retained. Then came the following :

^^B

■

■^

^^^H

ted Election of l8j6

■ "Conceding New York to

Mr. Tilden, he will

receive ^^H

r tlie decloral votes

of the foilowintc .states:

^^H

1 Alabama,

Mississippi,

Arkansas,

Missouri.

Ccnneciicut,

New Jersey^

Delaware,

New York,

Georgia,

North Carolina,

^^1

Indt&ca,

Tennessee,

^^H

Kentucky,

Texas,

Maryland,

_ Virginia,

^^H

West Vii^nia,

Total,

"General Hayes

will receive tlte votes of the follow- ^^^|

ing- states:

^^H

( California,

Nevada,

1 Cole ra do,

New Hampshire,

■

1 Illinois,

Ohio,

^^H

[ Iowa,

Oregon,

1 Kansas,

Pennsylvania.

1 Louisiana^

Rhode Island,

1 Maine,

South Carolina,

r Mas sar h use tts.

Vermont.

t Michigan,

Wisconsin,

^^fclkl J rtn e50ta.

^VKebra^ka,

Total,

181 1

1 'T*his leaves Florida alone iLtill in doubt. If the Re- ^^M

publicans have earned that slate, as they claim, they ^^H

will have 185 votes — a majority of one."'

Believing that the situation was not correctly

under- ^^^1

stood bv the parl\

leaders.

Mr. Reid. the news

editor, ^^^^

1 '
hurried to the

Republican headquarters

n the ^^1

Fifth Avenue HotcT. Arrived there, he found the ^^H

The Hayes-Tildtn

committee rooms deserted save by some einpJoyees of
^e hotel ; for, a couple of hours before, the committee-
men and ibeir friends had given up all as tost, and
liad eitiier gone home or gone to bed in the hotel. Mr.
Rc![I at once decided to hunt up Zacharlah Chandler,
Ihc national chairman, and started for the hotel office
in order to ascertain the number oi Mr, Chandler'a
room.

On hiE way thither he met a small man wearing; a
greatcoat with a heavy military cloak, with his hat
drawn down over his eyes, and carrying a gripsaclc
and a copy of the New York Tribune. The newcomer
was Mr. W. E. Chandler, a member of the Republican
committee, who had jast returned to New York after
a short trip to New Hampshire. Mr. Cliandler be-
lieved that the Republicans were defeated, but Mr.
Rcid told him that this was a mistake, that the Demo-
crats themselves were still uncertain as to the out-
come. In support of this statement he showed Mr.
Chandler a dispatch from Democratic headquarters
asking for what information The Times had upon the
situation.^ Mr. Reid urged that the Republicans ought
to keep up their heads and claim the election of
Hayes. The two then repaired to Mr. W. E. Chan-
dler's room, **whcre they went over the ground carc-
fiilly» state by state, from Maine to Oregon, counting
the electoral vote in each state, and showing the vote
as it was finally counted for Hayes and Tllden/'

As the situation seemed to contain possibilities, the

1 See Dolfl 1. p. IT.

Disputed Election oflSjd

two then went in search of Mr. Zachanah Chandler, the
chairman of the commictee. After one or twn rather
ludicrous mistakts they found Wis room, and after
considerable knocking llic door "was opened, and Mr.
Zachariah Chandler was discovered standing in his
night dress." He was, however, so utterly worn out
that he was with dithculty made to understand the sit-
uation, and merely authorized Mr. W- E. Chandler
to do what he thought necessan-.

Mr- W- E- Chandler and Mr, Reid then hurried to
the hotel telegraph office in order to dispatch some
messages to the slates which were in doubl. Finding
the office locked, they decided to take the messages to
the main ofRcc of the Western Union, and therefore
ordered a carriage. Tn the interval before it arrived.
messages were prepared to Governor Chamberlain of
South Carolina, to S. D. Conover» Tallahassee. Florida.
to S, B. Packard. Republican candidate for governor
of Louisiana, and to persons in Oregon and California,
The import of all these telegrams can be inferred from
that sent to South Carolina^ for it was typical. It
was as follows;

"Hayes is elected if we have carried South Carolina,
Florida, and Louisiana. Can you hold your slate?
Answer immediately,'*

Mr- Reid then took the telegrams to the Western
Union office and dispatched them. ^

iThla orcouni b Iwionl upnn an flrtli.-l'- by Mr, Rt'ld bi Tkt
Timta for Juiifr IE. l^s; ; on Mr. W E. r-handLrrii l^i'tlinnn)' l»-
far? the Pctltrr CoinmUte^, In H^ IL Ula, Doc, Ka. Zl. t^th
Csof. M Of**., 1, pi>, i^^. ti tnt.; uid upon Infamution auppUed

The Hayei-TUdtn

Later in the day Mr. Zach. Chandfer, who had now
become fully <ilive to the possibiliCtes of the situation,
sent out the following famous telegram:

'Ha_ve3 has 185 electoral votes and is elected.

To this claim the Republican leaders consistently
and stubbornly adhered until the end. And thus began
what was in some respects the most remarkable con-
test which any country has ever witnessed.

The changed face of affairs quickly became known
throughout the country, and the Republican newfi-
p^ers definitely claimed the election of Hayes. The
Indianapolis Jcurrtai, for example, had this headline on
the morning' of the 9th :

"A CHANGE

"The Republicans Take Their Turn atRejtric-
ing. Tile Cijnclusion of Yesterdav Reversed.
Latest Returns Give Hayes iSf; Votes. A
Majority of One. All the Pacifrc Slates,
I-ouisiana. South Carolina, and Florida, Are
Claimed by the National Committee as Cer-
4ainly Republican."

An editorial in the same issue ran as follows:

"During the last twenty-four hours the political situ-

by Mt. Chandler, who hna read LhTs and olh^r c^iQ-plcra. Mr,
Chojidlfrf fli-nl^s imtne lnnpiiaet' .'iTtrlhutM lo him hy R^ld, nnd
^BD dtnka ihat RoLd dl<^iated tbo ici^ffmmn, For a bumorous
famm^nmry an Rptdn Anitt^ nee New YorK fiun fur Jiin» if.

VhpuUd Election of iSjO

aiion has undergone a remarkable change, and one en-
tirely SavoraWe lo the Republicans. At the time of
going to press yesterday morning the retiirns inclicalcd
v^Tv clearly the election of Tilden and Hendricks, and
the Journal, in common with all tlie leading papers of
the country, conceded the fact. At this writing, ap-
parently trustworthy advices indicate almost unmis-
takably that Hayes and Wheeler arc elected

'TTou could have told a Republican five hundred
yards by the length of his visage yesterday morningj
and when groups Qi them gathered on the Etreel cor-
ncra pedestrians instinctively looked around for the
corpse. There was every outward indication of a fun-
eral, and it only needed the presence of a welt filled cof-
fin to make the delusion complete. They h3<l given up
the ship the night before, and the news in the morning

confirmed iheir fears

"Democrats could be recognized, too, at long range^
and ihclr rubicnnd faces told plainly that they "liked
il pretty well, thank you," The experience of a na^
lional victory was a novel one. and the taste was sweet
indeed. It wat intoxicating in its effects, and operated
on the Democratic system like a dose of hashish on a
cultivated Hindoo stomach. They were wild with joy,
and wanted to bet their substance on Tilden ard Hen-
dricks. They si\'appcd stories with each other until
Tilden was elected tmmimously. Then thev got to-
gether and yelled, and gaining confidence wiUi each

yawp, yawped again Thlii sort of tiling

was kept up until t \ o'clock, when a reaction set in,
.... Our boys began to brace np at this cheer-
ful inieiligence. During tht? afternoon public opinion
underwent an almost complete revolution, and the Re-
publicans emerged from the valley and shadow of dark
despair into tlie sunshine of hope, and the -world looked
less wicked lo them. Telegrams continued quite fa-

The Hayes-Tilden

vorablp all tht^ aftrrnoon, and it looked very much 2^
though the name of the l^be would be Rulhcriord-"

Many of "Rutherford's" friends continued for a day
or two to believe that he had been defeated," but
meanwhile the Republican maragers were doing yeo-
man work for hini. They were fully aware of the
desperate iiece*^sity of securing every doubtful vote,
and left no atone unturned to obtain that result.
Agents^ among them W, E. Chandler, were immedi-
atdy dispatched south'^\-ard to the three states of Flor-
ida, Louisiana, and South Carolina. Ample funds
were provided for their use.

As it was not improbable that disorders might occur
in the disputed slates, the Republican leaders deemed
it wise to secure troops for the protection of the can-
vassing officers- The task of getting them was not a
difficult oue ; "- for the President was a Republican, his
secretary of the inlcrior was the head oi the RepiiV
lican organizationH and» furthermore, in the nick of
time Governor Stearns of FEorida telegraphed that a
special train sent out to get returns had been "ku-

Ad alleged Infcrvkw In whicti he whj reported to h&v^ aiid that
he reN:Tr<t[i?d hie (l<?ri?at moBl because of Lhp pffect U wauia have
On "tiio poor colored rni^n" iras publlahed in Tnan>' newapnpcra
at the Time 'fl- (E^. In tlia New Tark S'ui\ or November V(h).
ThJfl Inteni-'w wab later <Jvnlsd, — H, Ft. Ml». Doo. No. ll, 4Gtli
ConK„ sa ficsfl,, I. r> S9V- CoL Webb Q Hayn, who au hla
f&thcr'H H^crcEiLri'. Ha^B tha.1 Grovemor Hjiy^H never admlttod
flaftaL

a II appean Ihat the "ooniiplratOTS." da Lh? Kepubllnn lead-
en have htif^n called by the munr^cratK. IflKct^ vlth Gnmt, who
wa> tliL'n In Phllaildlplila, uvi^r Jay GroulJ'a prIvaiL- wire, TliLa
of Itveir would He^m to bp qo ffreat orlme. S« Olb«on, A Polltl-
duL Crlmt. p, 5!j. Olbaon'e hooK. Lt niay be remarked here, was
prepared under IfiB eva of Mr. Tlldon.

Disputed Election of 1876 55

kluxed" and thrown from the track, and he urgently
asked for aid. ^ On the night of the 9th, therefore,
several companies were ordered to Tallahassee; and
further dispositions of troops in ihe disputed stales
were subsequently made, - The President's action in
the maner aroused a storm of protest at the lime and
has been mucli condmnned by Democratic writers
since; bal» whatever tlie motives which actuated him,
there can be little doubt that the presence of the troops
went far towards preserving the peace not only in the
states in which they were stationed but also in the
entire country.

On the loth the President issued an order which
was copied into probably every newspaper in the Uni-
ted States. It was as follows :

"To Gen. W. T, Sherman, Washington, D, C:

■'Instruct General Augur, in Louisiana, and General
Ruger. in Florida, to be vigilant with the force at
dieir command lo preserve peace and g:>nd order, and
to see that the proper and legal Boards of Canvassers
are unmolested in the perfonnance of their duties.
Should there be any jfroiinds of suspicion of fraudulent
counting on either side, it should be reported and de-
nounced a! once. No man worthy of the office of
President would be willing to hold the office if counted
in, placed there by fraud; either party can afford to
be disappointed in the result, but the country cannot
alTord to have the result tainted by the suspicion of
illegal or false returns. U. S- Grant."

The President was anxious lo secure an honest set-

l H, R saw. Dot Xo. *2, AAXh Cnrv%. Sfl Pbm.. pp. 116-436.
1 n. R. Qi, Doc» No. 3D, 44th Co\iS- -^ Best-, pp, SS e( w^f.

56 The Disputed Election of iSyb

tlement of tlie conlcst in the disputed states, and with

thj& purpose in mind requested a number of prominent
Northern men lo go down and witness the canvass.
Unfortunately, he seems to have had no confidence :n
the fairness of Democrats, for he confined his requests
to Republicans. The Democrats^ on their side, had a
corresponding distrust of Republican fairness; leading
members of the parly therefore packed their grips and
journeyed soiithward. Within a few days alter the
election each disputed slate had within its borders
delegations of "visiting statesmen,'* each of whom was
eager to safeguard the interests of the nation by secur-
ing the vote of the state for his particular candidate.

Now followed a period of the most intense suspense
and txcTtemenl, marked also b>- ever^in creasing bitter-
ness cf feeling. During the first part of this period
the attenlion of the country was fixed upon Lhe slates
in which the result was being contested. To give an
account ot the situation in the^e states will be tJie
province of the next four chapters.

CHAPTER VI

THE CONTEST IN FLORID\

Just how much the election of 1876 lacked of being
"fair and free" in the stale of Florida^ no historian
win ever be able to determine. Thai il did fall short
of this ideal, Is as certain as the fact that Hayes was
inaugurated, or thai the supporters of Tilden believed
he was eheated out oE a four years" residence in the
While House- Both parties were about equally guilty,
though their metliods in the main were different; in-
timidation was the chief weapon used by the Demo-
crats, and frauds in the conduct of the election and
in the count were those used by the Republicans.

The lask of determiningr the extent of the intiinida-
tion h a dittieuli. in fici. a hopeless one. It is ail t!ie
more difHculi because some of the evidence was

1 TEiQ ffa^publlcan sLate canrentlon renoniliiJiti^d M]iri:pUuc I^^

0t«HmB for BVTernor nnd ndcTitDd n itlntfirm Indorvlnff the

flt4C« jroTtrnment am wlsv. juat. and econoinloil. The tXiruKra-

■ tlc copvsnilon nomhiBted GcorBa P- Dntw fiir Buvornor, and

adoptM A plairorm arraiffnlns boib »Uie und nai^unnl tovem-

m^tm for corruption. eitrkvav^aB*. u^d oppri'9ii1i>ii- S^'nalor 8,

B. Conovvr. who had b¥«n nccQBed ol pecuEatlun t^v ttn-' SLisBma

I lt«i^1>U0«D». ntn for n lim? a« nn Ind^i^^nilt^m R^ipuhllran rflmdl-

i'^le. bat In fienlpmbpr wirhdrrw, Aa tiie sia'.p d-'tii wn* bu(

|l.tf<,7B7.69. ibe vtau tax ler^ but t^ven hiIMh on Tho dollar,

«nd ihp *'Xi*Tidli!jrtB but Ill^O.OOD wlille ihv n-^ii^liJis wtTc nboiit
lia.OflO. ilie Di^mocraCto «y of eatravn^nnw wan noi pniUcularly
cfTHLkvt-.^JrinHal Cvckvofldlar 13Tfi, pp. t9i-29ii , fllra ot the
JttchAMivlUv Dotlu Plorida Unlim.

The Hayes-Tilden

probably manufactured out of whole cloth; for,
both before and after the election, it was to the ad-
vantage of the Republicans to make it appear that
intimidation was resorted to b>' thdr opponents. Nev-
ertheless, when all due allowance has been made for
the work o* the "political outrage mills/' the fact
remains that there were many genuine outrages. The
acceptance by Southern Democrats of the Fifteenth
Amendmem had never been anjthing save mere Hp
service: among them there was a preily definitely con-
ceived determination lo climinale as much of the negro
vote as possible. To one who understands the full
S]gnifican<^e of this fact, even thoug^h he may be ignor-
ant of the details of the particular case, the conclusion
that intimidation was resorted to in Florida is the most
natural in the world. But the conclusion is not a
mere theory ; it rests upon an overwhelming mass of
evidence.

The methods employed were variotjs. The "Mis-
sissippi pUn," in a somewhat milder form than the
original, was tried in some districts. ^ Armed men
presented themselves at Republican meetings, de-
manded half of the time for their own speakers, and
frequently subjected the Republican j^peakers to inter-
ruption and abuse, ^ In some instances negroes were

1 w. R No. en Part 2. 44tll Cnnff, Zil Spw.. P, 4S.

S Somi^ cQiic-B hod or fimtiplns Bid?, Al one puhllc drbntp %
nr^grrD ajtrnkf^r was ir'OTiiiiiiiAiiv inrprnipred by n white mnv,. ins
hurdpn of "WhODr r^mnrka wriB^ "How many chickens have jwu
■lolf-?" WTif'Ti ihi" n^ffrn mipmnt*?d to rum ihe mfltiT HBlrte br
PAylnf ht would like lo hav^ tcmr cblck'-n and woulJ b<? fflod.
If eivpn nny. it^ i*tifn> ine fflvor. trip wniip mnn took tnp imflln-
iLgt as an H^B<?ri.]Dn or b-jcIqI fgunlKy and nstiauttpd thr ncffTC»
fthft flJd nol rtRTP In d^rpn*! hlmm^ir Tor fejir nf th* other wbltPH. —
;^d> p. 147. For tlhcr liiatuic«a auv pp. 173, 201.

Disputed Election of iS'jb

threatened with death if they affiliated with Republi-
cans, and were forced to join Democratic clubs,*
There is evidence to show that in at least one instance
an attempt was made to a&sa*isinate a prominent Repub-
lican candidate, State Senator Meachani of Jefferson
county.^ In a few districts the negroes were reduced
to such a slate of fear that hardly a Republican vote
was cast,* Tn two of the wilder counties conditions
were sueh that, at lca.st after the electior, Republicans
did not dare travel there except under the protection
of a pass from the Democratic state committee.*

In general, however, intimidation took a rather
milder form. From the point of view of politics it
was not 1o the interest of the Democratic party that
much real violence should occur, for chat might
arouse the North. The work wa^i to be done ([uietly;
instances like those given above were therefore excep-
tional. Conditions were such that the work could be
done quietly. The negroes. Rcpubli-cans practically to
a man, were almost a» numerous as the white Demo-
crats;* but they were still timid as a result of slavery
and were quite incapable of holding their own in a
physical contest with their opponents. Most of the
while Republicans, the leaders of the blacks. lived m
the towns and villages, and hence were frequently
unable to afford much assistance to their sable allies,

1 & R Ki^ Sn, Pflrr 2. 44E.h Conc Zd 5«u., pp- S4l-Tfij,

5 ih\d, pp. 93S pf ^eq.: I>(%{ly Florida Utton. Oft. ?«.

3 L, *-, S- R Nn. fill. Part J, Utfi CfTig. 2*1 SeBs.. p. 3Bi.

4 tbiit. pp lA. 3«4-3fifr, 4?0.

6 Ttie numhfr or nivitiM aocordJts lo Ihe c^enmifl nf ]ft70 w«a
•l.«>». of whIlHi 14.V&T,

The Hayes-Tiiden

the majorily of whom resided tr the sparsely settled
country.^ Tlie number of political otitrages in Flor-
ida had not brcn so large as \\\ some other states, but
it had been larg^e eiiotigh to instill a deep-seated dread
into the minds of the frccdmcn, ^ In many caacs,
thereforCn it was Tiatural that a threat alone should
prove suffieitTit to cool a negro's political ardor.
Furthermore, the vast majority of the blacks were
wholly dependent economicaUy upon the white Demo-
crats; and thi^i fact afforded an opportiinity of
which full advantage was taken, Negro renters
were given to understand that if they made themselves
obnoxious politically, they would be ousted. Field
liands were laid that if they affiliated with the Repub-
licans they would not be employed.^ The following
from the Monticello Wcckjy ConstiMion of November
9th is signiHcant:

"The election is now overn and llic contest is decided,
but there remains a very important duty for the citizens
of Jefferson [county) to perform. That they will dis-
charge it impartially, even though it may conflict with
ihcir individual intcrcsUi, we have not a doubt. It w
fmbrared in the foUozniig rr^olutions adopted and fre-
quetftly reiterated by the reformers during the cam-
paign; aiid we call upon every man to enforce them to
the very letter, to wit:

"i, That we pledge ourselves, each to the other,

1 Stc H- FL R- No. I4l>. 4fith Cnnff. Sfl Seaa., pp. 77-73. for a

t. Far Bccountfl of i?4>m9 of Itiuae oulrag&fl Bo*i tha Ku Efyj
Conaplnicy rvpurU^, Vul. XIU. p;>. a2'3l0.

a See. for iDatann, S, fu No. 611 Part 2, 4tlh Cotik- 2i1 Qgju.,
pp. 339, 343,

Disputed Election of lSy6

by our sacred honor, to give the first preference in ail

thing's lo those who \ole for reform ; and that we give
the second preferetice in all things to those who do not
vote at ^1.

"2. Tliat we affirm the principle that they who
wAe for high taxes should pay them, and that in em-
ploying or hiring or renting land lo any such persons
as vole for high taxes, in all «uch cases a distinction of
25 per cenlf or one-fourth, be made against such per-
sons, Utat merchants, lawyers, and doctor*, in e^-
tending credit to such persons, make the same distinc-
tion.

"3. That in all sncli cases we extend as little credit
or use of our means as possible, leaving- them to their
chosen friends.

"4. That in the ensuing year we positively refuse to
re-cmploy one out of every three who may then be upon
odr places and who voted against reform and low
taxes ; and that a list of all such persons he published
in tile ConstitudoH, in order that we may know our
friends from our enemies.

"5. That we consider it dishonorable and unneigli-
borly for any farmer, planter, merchant, lawyer, doc-
tor, or any other person to violate any of tlie forgoing
resolutions." >

In many cases no doubt the intimidators were con-
tent with Iceeping the blacks away from the polls, but
in others the negroes were required to vole the Demo-
cratic ticket. The device of numbered ballots was used

I S R No. «n Pnrr 2. «4tri Cot^S- 3d Sh3 , p it. The
usv of Uh device In^JIcat^ by thene r««Dlu[ioiia ^'^ms
tataKTA tean tolvraM)^ CAmman. thonsh, fnr obvliufl ren<
■on*, DDi many nucb rv^jEutlou^ were imbtlflhed. This w^s
tmbUahoil wh«n pjiiilliin wrs i1«>BmAd unnecflsaary. Pmbatily U
wDtiiJ not have appvArvd a day or tWD later. Th^rv wvrv In-
BU.ne#* duTlnff Iba c^amrfllEn c^r nucll nOtlCM bBfeUT tWvIM Lit

The Ilnyes'-Ttlden

to 3 considerable extent to insure that an intimidated
or purchased freedman voted as instructed; individuals
giv^n such ballots were told that if the ballots were
not found in the boxes a reckoning woulrl be exacted
later. Thirty such ballots were voted at one poll, sev-
enteen at another, and smaller numbers at others. All
were counted. allJiough llicir use was contrary to the
law providing for a secret ballot, ^

There was, of course, another side to the matter of
intimidation. OccasionaUy pressure appears to have
been brought to bear by Republican negroes upon
negroes who showed Democratic leanings. At a place
in Jefferson county, for example, a white Democrat
named Bellamy and a contingent of negroes under his
influence were attacked on iheir way to a polling-
place by a mob of negro women and boys, who pelted
them with sticks, bricks, and other missiles.^ Probably
there were more serious cases than this, hut the num-
ber cannot have been large, for the number of Demo-
cratic negroes was small; campaign assertions of
Southern Democratic politicians notwithstanding, there
has never been, either in Florida or elsewhere, any
considerable tendency of negroes, when left to them-
selves, to vote the Democratic ticket.

On the whole, the election proper passed off without
any considerable disorder. A threatened invasion by

1 a It No- eti Pari ^, 44|h Cong. 2d Ssm., pp. SSSaM ; I^ac.
KrHMinceH Pix Ui-iU. 42»-44^. K wnn DamlTted by ]>flmoGnLElc
muinapl befai-o lh« convoBolTie bnnrd tbat marked ballots were
iLjml aird tlie right or employers lo do bo was defended' — /Mrf,
p. H?,

5 H. R, Mis. Duo. Xo. Sfi. Part 2. 44Ui Cong. £d Seas., pp. 17Z
tt j>«4. Seq alBQ pp. 3BE. 373. 277-

DispuUd Election af I8/6

Georgia Democrats^ against whkh the Republican
state committee had warned the people and against
which Governor Stearns had fulminated in a proclama-
tion, ' did not take place. In some places arms wo'c
displayed with too much freedom, and Republican chal-
lengers appear to have been inlimidaled at a few polls, '
but thcrr was little or no bloodshed.

The election was conducted in accordance with a
law passed in 1868 and amended in 1872, The law
provided for a registration prior to the election by the
clerk of the circuit court in each county and for a sub-
fcquenl revision of the list by the county commis-
sioners. Each polling-place was in charge of three
inspectors appointed by the county commissioners and
of a clerk chosen by the inspectors. The law required
these inspectors to canvass the vote before adjourn-
ment. Certificates of the vole must be seat to the
clerk of the circuit court and to the county judge. On
or before the sixth day after the election, the derk.
the county judge, and a justice of the peace must
meet in the office of the clerk and canvass the returns
of the county. Should the clerk or the judge be
absent or unable to attend, the sheriff was empow-
ered to act in his place. The result of the canvass
was then to be recorded by the clerk in s book kept
by him for that purpose, and duplicate certificates
were lo be made out and forwarded to the secretary
of slate and to the governor. The fiual canvass of

1 Sr*. for example, a. R. Na. All, P&te 1. ftOi Com.
M 8tHk, p. Mdi nad l>omnedtar> Bv1den«, pp. 4\1. 412, iit.

The Hayes-Tilden

the returns wa? to be made on or before the thirty-fifth
day after election by ihe board of state canvassers,
composed of tlie secretary of state, the attorney-gen-
eral, and the comptroller of public accounts, or o£ "any
two of them, together with any other member of the
cabinet who may be designated by them_"^

The members of this board were Samuel B. McLin,
the secretary of state; Dr. Cla>1on A. Cowgill, the
comptroller; and William Archer Cocke, the attorney-
general, McLin, a native of Tennessee, was the editor
of the Tallahassee Sfn If "f/, had formerly been a Whig.
had served in the Confederate arrny^ but had deserted
from it. ard was now a Republican and hence what
was termed a *'scalawag," Dr. Cowgill, a native of
Delaware, had been a surgeon In the Union army, and J
was likewise a Republican- Cocke, a native of Vir-
ginia. was a Democrat, ^

The board did its work under the ey&Sj encourage-
ment, and advice of a number of distinguished poli-
ticians from outside the state. On November I2th
Mr. W- R. Chandler had arrived in Tallahassee, and
hafl sir-on been joined by ex-Governor Noyes of Ohio.
John A. Kasson of Iowa, General Lew Wallace, later
famous as the author of Ben Hur, Francis C. Darlow
of New York, and other Republicans, some of them
salaried fi-overnment employees. A number of prom-
inent Democrats, including ex-Governor Browii\Of

LThe law Is given In S. R No. fill. Part 1, 44tli Cooff, id
Sew,, pp. Sl'^S-

S Annual Cv^yl**p^etHa. 1B7Sh P. Z9t: JacknaVlUv rivrido

Union, Nov. 2Slh.

Dhputed Election of I876

oTgia, C. W. WooJley of Ohio, and John F. Coyle
and Mr, Wanton Marhlc of New York, had likewise
gathered in the Florida capital to look after Demo-
cratic interests. Both contingents were well equipped
with the "sinews of war," and both were active in
advancing the interests of their respective candidates
bv collecting afiidavitfi and testimony and by acting as
counsel before the canvassing board.

Some of *'thc visiting statesmen'* did not confine
themselves to such legitimate work as that just de-
senbed^ On the part of the Democrats, negotiations
were conducted looking to the purchase of one or
more members of the canvassing board and perhaps
of the governor; two propositions were transmitted to
Nrw York; a reply was received directing one of
ihem to be accepted; but in the end the aitempt at
bribery failed. On the other side, the Republicans are
accused of having stiffened the faltering by assurances
that in case Hayes were counted in, he would "take
cire of" his Southern friends. ^

The cativassing board met and began its work on
the 27th of November- Six visiting statesmen from
each parly were admitted to the proceedings, and this
number wa? subsequently increased to ten. The same
courtesy was also extended to Governor Stearns, who
wiis a candidate for re-election, to his opponent,
George F, Drew, and to General Brannan, commander
of the FederaJ troops in Florida.^

1 &* phapl^r Xni.

1 rrtrtX'emnra at tbt tmnrd. p. R No. <11, Purr 2, 44rh rmgr

The HayeS'THden

Despite the assertions of partisan writers, ihcre
was at first little question as to the nature of the
board's powers. In 1S71 in the case of Bloxham vs.
Board of State Canvassers it had been held that the
boards powers w-ere "mainly ministerial;"^ but this
decision had been rendered before the atnendment of
1872, which provided thai "If anf such returns shall
he shown or shall appear to be so irregular, false, or
fraudulent that the board shall be unable to determine
the true vote for any such officer or member, they
shall so certify, and shall not include such return in
their determination and declaration; and the secretary
of state shall preseirc and file in his office all such re-
turns, tog^tlier with such other documents and papers
as may have been received by him or said board of
canvassers." In 1S74, in fact, the Democratic member
of the board, Attorney- General Cocke, had written a
formal opinion to the effect that thi'* amendment con-
ferred discretionary powers, and the board in can-
vassing the vote that year had acted in accordance with
his view of the matter, ^ The board adopted the same
view now: received written protests, arguments, affi-
davits, and documentary proofs; heard witnesses; and

1 la FlurTda, p. T^. The court held, however, tbat Uie board
pOUM4e4 th« '"quapL-JudlcInl" power af dslarmlnlnfl wtioUi«r pti-

Sm PTirporUnK id t-e recuniB wurg esnulnt ami property au-

2 Teallmony nf Atlomoj'-fJeneral Cocki^, S R. No. ffll, P&rt
i. I4L]L CimK. -1) i*'-^!i., |>p. 2'i'2S. Tliv ujiLnluii is KlveQ on pa^
27, Gltifl^n In A PjUUchI Crime, pp 27-2S, imd Biffptow In hl>
LJr« or TJldoHt IX pp. 33-S4, cbaTtt^ Uml Iho ex^rclB? of dlBcre-
tlonnry pntv^r? WB.B a barv-fiiF*'!^ uBurpatlon, that tt ^vs9 ff^ti'
emlly rcttisnUed Lbat tlii? bviird's powra were pureij mlDlalerlaL.
GibBon quoiev (he d^clHioD or 1^71. but falla tfi itt^tti tluLt It w&a

Disputed EUchon of rSyd

ultimately exercised their discretionary powers by re-
jecting returns.^

Seven public sessions were held, and then on Tues-
daj, December ^th, at a private session, the returns
were finally canvassed, Tlic board did its work in an
tmpardonably partisan manner, though in so doing, as
was remarked at the time, it merely followed examples
recently set by the Democratic majority in the national
House of Representatives. In the case of Piatt vs.
Goode, the Democratic representatives, against the
earnest protest of the Democratic chairman of the
committee which investigated the case, had thrown out
an entire V irg^inia county, which had g"iven the Repub-
lican contcstanl: an overwhelming majority, for the
sole reason that a few \vords of attestation upon the
return were omitted, although a copy correctly certi-
fied and attested was offered in evidence,^ In the
opinion of General Bariow, who was perhaps the fairest
witness of the Florida count, this precedent, *'far more
flagrantly wrong" than any decision *'niade ia the
Florida case," greatly affected the judgment of the
Rq>ublican members of the canvassing board,'

1 S« th« vniiM) arffumenta lUbmntod lo [h« board, Tbid.
DeounMnlary EA'IdnnCD, pp. 1-lS. The Domocratlc coujiael t<wk
A r&iadle vli<T DQ the qu«[tlan.— See pp. ia>]7.

2 Stt CongrtOKiimal Record. 44Ui ConiC- Ist Aeru,. pp. 4IIST Vt
H«,; aad DlffHt of Eleatioa Ciuefl, 1171 (a l£?ii, H. R. MIb. Doc
Vc S3 i^Kh COOE- id Sns., pp. «60 et acQ. F^or onottter olmoat
««QttJ]V nAgranl caad ami Abb^lt i'». Froal, Jbid, pp iO( vl ^eq.
Abbott »a» ■rai&l Ufi"! wm lui^r oat^ ot tbr DpmocratJc mem-
Iwn ot ite electcml commLiHiton. Aa mch h« diw up Uie
naUilnC proimi cE ihp "^vi-n.~ Tbia Kous'i. It nbould b» nid.
1B«A n<A ihv only on*.' In nlilcli eorttoHta huTU hiK-n decided Id 4
pftrtlSKA way; Uw pracui>! is n vmrnfn nn^.

1 Letter ot Boitow to Fi«sJdttat Giant S. It No. Cll. Fvl 4.
4ttfe Conff- ta St«L, p. IZ,

The Hayes-Tiiden

On the face of the returns, as the Republican mem-
bers of the board conceived the returns, the vote for tiie
Hayes electors was 24,337 ' ^^^ tlie Tilden electors
24,292.' However* only zG countits were canvassed
according to the face of the returns; in aU the others
the board exercised discretionary powers, rejected cer-
tain precincls and one whole county, and thereby
raised the majority for the lowest Hayes elector over
the hig-hest TiMen elector to 924-^

To set forth in detail how this result was reached
would require several hundred pages ci print, A
few instances will serve to show the spirit in which
the work was done,

^ Baker county was one of the chief bones of conten-
tion. From thai county there were three returns,
only one of which was made out m seeming legal
form. As already explained, the law provided that
"on the sixth day afier an etectinn. or sooner if the
returns shall have been received, it shall be tlie duty of
the county judge and the clerk of the circuit court to
meet at the office of the said clerk, and take to their
assistance a justice of the peace of the said county
(and in case of the absence, sickness, or other disa-
bility of the counlv judge or clerk, the sheriff shall act
in his place) and shall publicly proceed to canvass
the votes given for the several offices and persons as
shown by the returns/' It appears [hat the county
judge, Elisha W, Driggers, notified the clerk, M, J,

1 a R. No. «11. Pan a. 14t^ ConEr 3<3 Scob,, p. IT.

2 Ihid. tp. ITS and 1B'l9.

DispuUJ Election of tS'jb

CoJc. to meet with him on Monday. November J3tb, the
sixth clay after the eleaion ; but Cox, who was a Demo-
crat, associaied witli himself a justice named Dorman,
and on the 10th, while the jnHg^e was out of the
county, ihe two. the sheriff refusing to act with them,
made up a return, Thb return was not regular, for
it had not been made by all the officers required by
law. On the 13th ihe clerkn having meanwhile ^own
une^y because of the irregularity of his proceeding,
requested the judge lo join with him in making another
canvass. This the judge refused to do on the ground
that the clerk's action in making the previous canvass
coffi^tittited a refusal to act with the judge. The
clerk and the justice thereupon proceeded to make a
second canvass, which, however, was no more reg-
ular than the first. Xow came the inrn of the judge
and the sheriff. These two worthies, in accordance
with a plan already formed, met that evening, together
with a justice especially commissioned for the purpose
by the governor, in the clerk's office, to "which the
deputy clerk had given the judge the key, antl pro-
ceeded to make a new canvass of ihe votes. In so
doing they threw out, on the plea of fraud, two pre-
cincts which had given Democratic majorities: this
they had no legal right to du. although it appears
that such a practice had nccasionally been foll-iwcd in
the past. The three then made otit certificates, reg-
ular on their face, and forwarded them as reqnfred
by law. It was by counting this return that the Re-

The HaytS'Tiiden

publicans mad« it appear that on the face of the re-
turns the state had gone for Hayes, ^

The stale canvassing- board did not, however, accept
the Drig^ets return. Instead they exercised discre-
tionary power, canvassed the county by precincts, and
counted the vote of the whole county- as ii had actually
been cast, 143 votes for the Hayes electors and 238
votes for the Tilden electors. In this proceeding the
Democratic member, Judge Cocke, concurred.^

Had the board stopped here, the state would have
been given to TiMcn, but they did not Jo so. They
proceeded to go behind the returns in other counties.
In Hamilton county 83 Democratic and 58 Republi-
can votes were thrown out. because they had been
illegally added to the return after it had been com-
pleted and signed. In the same county Jasper Pre-
cinct No, 2» which gave 323 votes for the Democratic
electors and 185 voles for the Republican electors,
was rejected on the ground that the inspectors had not
completed the canvass until after an adjournment, had
allowed unauthorized persons to handle the ballots and
assist in the count, and had next day signed a return
which Ihcy had neither made nor verified.^ The at>
torney-general concurred in this action, but later, after

1 The* ovldonc*^ b«irlaar on Bftker County !■ *^ry voliimliioua.
&.*e indtTt lu Balcor CoimtT on V- ^^^ t\t fi. It Nn. fill. Part i.
44ih Conj, ad Scp» ; I>ocumciiC*rT BrMpnce. pp. 7^-83; TL R
Ml«. Doc. No. as. Fan 1. 4«n Cntiff. 2r| S*?8., pp. 2§4-3flft; unci
Index to li-fltlmony reffnrdlnff Baker County on p. 12 of H. R
Wlw. Doc No, 31, Pnn P. iiith Cong. 3a s^^m.

2 Sk-v Tjilnutea of tio&rd \n 5ca:Lie rcDon above dCed, el S.

3 tiHa^

DUputeJ Election of 1876

consultation with his party aasociaEcs, protested
against U in a written protest, '

In the town of Key West. Precinct No, ,1, which
gave 401 Democratic votes and 5<) Republican votes,
was thrown out on the plea that the inspectors had
adjourned before the completion of the canvass, and
had completed it the nest clay at a different place,
without public notice. In addition, there was proof
dial there had been threats of violence anJ that the
Republican challen^rs had been intimidated. The
board did not, however, take this proof into account,
holding that this was a matter over which the law
defining- their powers did not give them jurisdiction. *
Judpe Cocke at first concurred in throwing out the
polJ. but later wished to change his vote, and did de-
nounce the board's action in hts written protest. ^

In Jackson county. Campbell ton Precinct and
Frrendship Church Precinct, both of which gave con-
siderable Democratic majorities, were thrown out.
The first was rejected "on account of the violation of
the election laws by the inspectors in removing: the
ballot-box from the election room at the adjournment
for dinner into an adjoining store, and leaving it
unsealed and concealed from the public during said
adjournment; in not counting the ballots at the close
of fhe polls and comparing them with the numl^er of
names on the poll-lists, and because onK' seventy-six
Republican votes were counted out of the hallnt-l»x,

t a R. No. ^\\. Part S. 44Ui Cini& Id ficu- V?- 31 ana 11,
> /Mtf, Pfl, 9-1 «.

I tuA, pp, 1 14, u, SI, n.

The Haycs-Tilden

whereas \^^ persons swear that they voted the (ull Re-
publican ticket/' Tlic other precinct was thrown out
because the inspectors placet! the ballot-box in such a
position ZA to be out of sight of the voter and oi tlie
public; because they did not complete the canvass at
the polling' place but in a bed-room two miles away;
and because they did not count the ballots and com-
pare them wtth the names on the pol Ting-list, The
allorney-general opposed the rejection of either of
these precincts- ^

The vote of Manatee county was thrown out on
the plea that there had been an "entire absence of any
and all legal steps in preparation for the election and
in holding the same/' In the main this was true. In
the precedin):^ September the clerk of the circuit court
had resigned, and the person appointed by the governor
to succeed him was either unable to give bond or pur-
posely refrained from doing so. In consequence no
regisJration was made, and the eleclicin was an in-
formal one at which 263 votes had been cast for the
Tilden electors and only ^6 for the Hayes electors. By
the Democrats it was claimed that the situation was a
result of a Republican conspiracy* but whether or not
such "was the case the evidence does not conclusively
show ; it is possible that it was in pari due to the fact
that the county was a remote one on the edge of the
Hverglades and c omni or i cation with it was slow and
difficult- The txcluyion of the county was objected
to by the atlorncy-general. -

J S- R- No, *11, Pari 2, 44th Cong, M aes«„ pp, T, 10, A2.
2 Ibid, pp a:!-33.

Disputed Election of I8j6

NumcroLis changes of less importance were made,
in most of which all three members concurred- Some
of these dianges nere favorable to the Democrats,
but did not affect the general resuU. That result, as
fiRallv promulgated, sliowed a substantial majorit>^
for Haves, tlic election of the Republican stale ticket,
whidi had run some three hundred votes behind the
Daliona[ ticket, and also that of both of the Republican
candidates for Congress. *

As has already been stated, the canvass was eon-
ducted in a highly partisan manner. In every im-
portant instance in which votes were thrown out the
advaniage inured to the Republicans. Furthermore,
the majority of the board refused to eliminate other
returns, the validity of which was questioned, when by
so doii;^ they would have seriously diminished the
RcpiibHcan vote. There were many such cases, but a
few of the most conspicuous will suffice. Proof was
brought to show that at Archer Precinct No. 2, Ala-
chua county, 219 names had been fraudulently put
Upon the polling-list and the came number of voles

ded to the Republican majority. - Proof was also

duced to show that at Richardson's School House
Precincr, Leon county, 73 "little Joker" Rcpnblinan hal-

I & R. No, <]1, Part 2, 44th Cong. td Be8a-> pp. 0-in, IS-ID.

! rWd, wp Index pp. 4«fr-«70! rnwjmentnrj? E^-ld-ricw. pp, Et
tX tr^.. ir R. Mia, Dm:. No. 35. Fnrl I. *40i Cnrig, ifl Sens., »«
ln<Ti<T TT- ^i^4-:iiiS: cnnf^iiTejl pJpollon caF*" of Finl-y r». 5lflbp^,

pH, a It- No. 93, *5Ui Cunic, 3il Svse. ; and If. R, Mia. DiC 'S*i. Z\.
4SeIi frtnu. 3il >3"*«n., (^opncinlly Ipsltmfipy of L G, rH'miK, I pjir
i7T, <Sa, ft^H, HTpi. Dfniiks wiis nnv- of th»» B>'pviblk-iiri H'x'ihjft

■ «ttc*n, "nd (wr» ypar* Xniir. out of f-v-upf for tmv^nff tun-n
ivsHwd frtun rimcfl hy Uiv AdmlntotittUon, ciade a "cooTMaloTl"

The Hayes-Tilden

lots had been smuggled into the ballol-bojt, whtle to
cover Tip the trick Ilie poll-Hst had betn correspond-
ingly increased.^ There were irregularities of form
in the fcturn from Duval county, which gave a large
Republican majority;^ there was proof that there had
been irreg^ulanties in the conduct of the elcelion in
certain Republican prectncts in Jefferson county and
elsewhere- ^ Yei in all these cases, as well as in sev-
eral others, the majority of the board voted to can-
vass llie retums without change.*

What the result would have been if the returns had
been canvassed by an unpartisan board it is impos-
sible to say with certainty. At the same time it is
clear that if none of the returns had been rejected and
if in Baker county the return containing all the pre-
cincts had been substituted for the Driggers return,
the result would have been a majority for the lowest
Tilden elector over the highest Hayes elector of 93
votes. ^ How nearly these returns corresponded to
the votes in the ballot-boxes can never be ascertained.
Frauds in the count and return of votes were unques-
tionably committed by both sides. In this kind of
work the Republicans had the advantage of having a
small majority of the election officers, hut this was
probably coimterhalanced by the ease with which
shrewd Democrats could hoodwink the illiterate ne-

1 H, It. MIb^ IKhn No. SS, Part 1, illh Coits< 3(1 B»s^ pp. 1-SO;
H. R MlP. lino. N'n. 3\. 4iiih Core. 3cl Sf hb . n., pp. 9i-ii.

2 Documtndiry BvldeuM, pp. 113 tt Btc.
i Ibbt. p. 361 et seQ.

4 Senalc report 4b«vc cited* pp. 1-43-

5 lb*ii. pp. 4D2^40S.

Disputed Election of 1S76

grocs who acted ks ckcljon officers in many places.^
On the whole, it is not improbable that an unpartisan
board, acting on the same theory- of its powers as did
the actual board, would have hdd that the returns
did not in all cases correspond to the votes in the bal-
lot-boxes, would have thrown out some reinrns con-
trary to the interests of each party, but would in the
end have found a small majoriiy for Tilden. The
least partisan man whn witnessed the count, namely
GencTs! Barlow, took that view of the case. He had
gone to Florida at the request of Grant, he was a
Republican, but he came to the conclusion that on the
evidence the board should give Tilden a majority of
from 30 to 55, He even urged one of the Republican
members of the board to adopt such a course, but
without effect.' Whether General Barlow"s opinion
in 'he case was in any measure due lo a tendency
FiDmetimes noticeable in high-minded persons to con*
cede aJI doubtful points to an opponent, it h impos-
sible to say : certain it is thai his opinion, though admit-
tedly baaed on only part of the evidence, is entitled to
very great weiffht.

But there is another aspect of the case which must
nc^t be lost sight of by the investigator who would
arrive at the true merits of the tangled election of
1876 — an aspect which the canvassing board deemed

tt. R. R. Pto. U9, ibtU

I For hn cspreflAlon on tbiB point
Coii«. 3d 8«as., p. 84.

3 8e« two lptt<.'fe writtrn hy FlaHow after hla return frani
PlorlOa. S. R, No. 61!. Part t. I4l[i Conie I'd .s-np-. r>D. 12-13;
akae IiIb tHfLmt^ny before the Potlf-r Cotnmltlee, H. TL iSU. X>00.
No. lip 4(lb Conft- }(I e^'KB., T. pp. [361, 1S»S, Mttt.

The Hayti-Tllden

lay 'Without xXs powerd and one not taken into account
by General Barlow. While a fair count of the votes
cast in the stale of Florida might have resulted in a
small majority for Tildeti, a free election woiild with
far greater certainty have resulted in a substantial
majorilj for Hayes. Tl^e Ixjard did nfit throw out
votes, nol even "mai-kcd Lallots/' on the scort^ of
intimidation; yet no one famihar with the evidence
and with the attitude of the Southern Democrats to-
ward negro suffrage will for a moment doubt that there
was sufficient intimidation to change the whole result-
To be sure, there was no such sweeping suppression
of the negro ^'ote as ther-e was in Louisiana, Sout!i
Carolina, Mississippi, Alabama, and some other states;
but when the result was 50 close, that was not neces-
sary. When al! due allowances are made, therefore,
it is a not unfair condusion that in equity the electoral
votes of the state of Florida belonged to Hayes.

The labors of the canvassing board were completed
on the night of December 5th. On the following day,
the date set by Federal Eaw, the Republican electors
met and cast their voles for Hayes and Wheeler,^
The result, properly certified, was then dispatclied to
the president of the Scnale.

The Democratic eleciors, althniigh declared elected
by no properly constituted authority, likewise met on

1 TTit <iuMe«1 r>r ttie allppM Inf^rieiMllty or Humptirpys. one af
the n^-publicuti *l*-clora, ^IlL be dlflcuased In thv cha\Her on the
wurk i*T ihr Ek■^'Tl^ra| rrtmrnlfiilor. IT wan nl^o cljilme-i Thai
Charks H. P*B.rcp, anolhtr cJcctor, was Ineligible, but the om-
teritLan wnii unimBlPtj' sLvfn up. Sew S. R. No. All. Part 4,
4Uh Cong. 2d Bcas,, [>, I*.

Disputed Election of 187O

Lhe same day and cast their votes for Tilden and
Hendricks. The result, irregularly certified hy Judge
Cocke, the atlorney-generfll, was also forwarded to
Washington. ^

Seemingly the situation was now aufficiently com-
plicated, but it was 10 tiecome miidi more so. George
F. Drew» the Democratic candidate for governor, peti-
tioned the state supreme court for a mondamtis to com-
pel the canvassing board to canvass the returns of the
votes for governor in a strictly mini*iterial way. The
court, a majority of whom were Democratic In sym-
pathy.' granted the petition. In so doing the court
dissented from the view *'that the board of state can-
vas^iCrs is a tribunal having power strictly judicial,
such a,^ is involved in the determination of tlic legality
of a partictilar vote or election." "All the acts which
ihis board can do under the statute/" the court held,
"must be based upon the returns ; and while in some
cases the officers composing the board may, like all
miniiterial officers of a si^nitar character, exclude what
purports to be a return for irregularity, still everything
they arc authorized to do is limited to what is sanc-
tioned by authentic and Imc returns before them.
.... They have ro general power to issue sub-
poenas, to summon parties, to compel the attendance
of witnesses, to grant a trial by jury, or to do any act
but determine and declare who has been elected as

1 Both thPM rvnincarf4 of vofni are gin^n tn Rlpctni^l Count.
p|i. 11-13,

!T**arr>i>n>' Of G«l. P Ranpjr. D*moprmlp ndnmpy ^piiPraL
qqdcr Drew. K, R Ml«. I>oc. No, Bl. Pan 2, 4CUi CdOB- Sd deaa..
p. SI

The Hayes-Tilden

shown by the returns." The board must confine itself
to ascertaining and certifying the votes "actually cast,"
and must not assume the power to go behind the re-
turns in an effort to ascertain the "legal vote," this
being a matter upon which the courts alone were
competent to decide. On December 33d the manda-
mus was issued.^

Urder protest of the Republican members the board
reconvened, and after a seccnd canvass of the returns
announced that Drew had received 24,179 votes and
Stearns 23,984 votes. In so doin^ the majority mem-
bers, against the wishes o£ the Democratic member,
counted the Drigj^ers return from Baker county as
being the only one regular in form, and threw out the
vote of Clay county because the return was so irreg-
ular that they could not, from it alone, ascertain the
true vote. Then, although the writ had merely di-
rected them to recanvas!* the vole for governor, the
board, or rather the two Republican members, re-ex-
amined the vole for electors, and reported "that a re-
canvass of thcm< according to the said decision," would
show that the Republican electors had received major-
ities averaging about 211 votes. ^ This result was
made possible by the fact that Stearns had run some
hundreds of votes behind the Republican national
ticket.

The matter by no means rested here. The Demo-
cratic eleclors had already petitioned the court of the

f The priio-ftlLn^ In this suit arr fflycn \u B, TL No. All, ^rt
3, 44(h Conff. I^d Svbh., pp. 318-401,
Zfbfti. IIP, 4tO-lOI-

Disputed Election of I S'^d

seccnd judicial circuit for a writ of information in
the nature of a quo warrafttQ against the Republican
electors, and a summons had been served upon the
respondents just before ihey voted. The suit was later
prosecuted to a conclusion, and on January 25th the
judge of the court, P. W, White, a Democratic parti-
san, issnetl an order to the effect that the Democratic
electors had been rightfully chosen.^ The case was
then appealed, but was never again brought to trial. ■

Meanwhile die Democrats had displayed zeal in yet
another field of activity. On the ad of January their
candidate for governor was inaugurated at Tallahas-
see without opposition;* the newly elected legislature
was convened^ and '^an act to procure a legaJ can-
vass of the electoral vote of the state of Florida as
cast at ihe election held on the 7th day of November,
A_ D., 1876/' was pas^ied and approved. The act cre-
ated a canvassing board composed in much the same
manner as the previous one bad been, and it ordered
the members of this new board to convene and recan-
vass the vote. The board, all the members of which
were DemocratSn did as ordered, and on January 19th
certified the election of the Democratic electors by
majorities over the highest Haves elector of from 87
to 90 votes. *

A few days later the legislature formally declared
that the Democratic electors had been dulv elected.

I H. n. R No. 143, P-iri I, ♦4ihCoris, Z^ S*a».. p. *; Fart 1 p,
It: H. R. MlA Dor. >in. ^^. Pprt 7, ptt ^1-9:.

1 FTDCt«dlnffi of th« BIrcEural CoinrnliuioD, p. GO,

I Th0 Katii>%. XXIV. p. 1»; IftoriAo r%i*m. Jnn. Id and 4Ui.

4H. a, H. No. it. Part 9, <*lh ConB. 34 Smb.. pp. 70-7»,

80 The Disputed Election of l8y6

It also directed the governor lo make and certify
**thrcc lists of tlie names of the said electors," together
"with an autlienlicated copy of this act," and transmit
the same to the president of rt;e Senate. The electors
themselves were directed to meet and make and sign
three additional certificates of all the votes given by
tliem on tlie 6th of December and transmit one of the
same to the United States district judge and the other
two, one by messenger and the other by mall, to the
president of tlic Saiatc. ^ These things were done.*
and the Florida farce was complete.

I y, R R. No. as, PjLTt 1, 441J1 Conff. 3d Sgbb,, pp. SO-SI.
i/bW. pp, 7D-T1-

CHAPTER VII

BUL.UX)ZrRS AND REn."HNING OFFICERS IN LOUISIANA

In perhaps no other state in the Union has there
ever been such a disorderly condition of affairs as
existed in I-onisiana during the year?; from iS66 to
1877, Wholesale comiption, iniimidatioii of negro
voiers by thousands and ten^ of thousands, political
assays! nal inns* riots, revolutions — all these were the
order of the day in Louisiana politics.

That this reign of lawlessness excee<Jcd that in any
other of the reconstructed stales was in part due to
the nature of the population. The white inhabitants
were in large measure French and Spanish Creoles,
who had bodi the virtues and the weaknesses of their
anccsEors. The ante-bellum society of Louisiana, and
particularly of New Orleans, had been polile and even
briLtant; yet the state had been one of the least law-
abiding of any of the long-settled communities. The
custom of Ihe duello was Rrmly fixed, and in the
metropolis frequent bloody encounters took place
beneath the moss-hunj; "duelling oaks'" in what is now
the city park.' CiccasicinaHy this lack of respect for

1 TTiamiwnbt Thf ^lory or iJ>uialAnA. n. Z4K ; Kinv. N«w Or-

The HayeS'Tilden

law rt^vealeil itself in political nialtera, as \i\ the
notorioits Plaquemine frauds of 1844* and the New
Orleans not of 1S55, when for a time tlic dly was In
tht hands of two rival factions, who seized public
buildings and erected barricades, ^ The freedmen,
despite the presence of a considerable number Df
educated blacks in New Orleans, were on tlie averagfc
less inlclliRcnt than in most of the former slave states.
Thb was in part due to conditions which had existed
during slavery davs. The number of slaves had been
exceedingly large, and most of them had lived on great
plantations where civilizing' coDtact with the superior
race had been unusually slight Furthermore, many
of the slaves had been persons of desperate or criminal
character who in punishinent had been sold '*down the
river/*

As elsewhere in the South, the whites of Louisiana
did not take kindly to emancipation. Tliey took still
less kindly to enfranchisement. The idea that the
negro was *"divinely created to be servant to the white''
had so long been instilled into the Sou^em mind that
it was an article of fartli. The possibility of the black
man's occupyuig any other position was a thing un-
thinkable. So long as the negro remained in his "place"
the Southern white man was in a sense his friend, hut
any attempt on the part of the freedman to assert equal
privileges became as a red rag to a bulL As the negro
was now ''the nation's ward " he was a convenient

1 eersent'" Life of Clay. p. 2B<.

2 G^ya-TTfi. Hlnrory of Louisiana, IV. p. 679 : Tnnmpson. p. I&K.

Disputed Election of 1876

object on whicli the undiinking could vent their im^
potent hatred for ihe \orlIi. This tendency was vastly
increased b)' the outrageous manner in whJdi the
negro — too often at the insti^tioTi of Northern bureau
agcnls— abused his new-found liberty. As a result
of these and olher causes, there followed throughout
the Sou& a period replete with instances of brutal
outrage ard murder. In Louisiana, owing partly to
reasons already described* the number of these crimes
was particularly great, '

An argument frequently employed in justifying the
outrages on the Freednien is that ihe wljite.s were
goaded into it by the evils of negro domination. The
ar^mcnt holds good in part, but only in part^ for
unhappily outrages were committed before the suffrage
was conferred upon the black?i, before such a step was
even favored by any considerable number of Northern
people. Had such outrages never occurred, it may
well be doubted whether sweeping negro suffrage
would have been bestowed; for the argument that the
negro needed a weapon with which to defend himself
was unquestionably a deciding factor with thousands
of persons to whom the partisan political motive did
rot appeal

Louisiana was one of the states in which the whites

1 H^ R. Bk, Doc- No. 30. 44ih Codk^ M Sera., pp. 4Sil-fi40. oan-
faJDs It partLaJ Hat itwX wholly rf'llnbl''^ e>1 the murdcrfl anA

R. RTKo. 1«. t»1hC(niE. ?d Sui-; JL R. R Ko. 101. <Sd Coilc. M
BcflflL. vnrloua otiier VDnjnrvilDTiAl documpnia, And ih» nnrfivuMn
of tb4 itnM, My awn oaFWIutlana are In lar(« raeamre bAOOd op-
oa lll«i of Lhc New OrlauiB luwBTMper*.

The HayeS'Tilden

did not M-ait to see the fruits of negro rule before
falling tipon the hapless freedmen. The first important
conflict took place in New Orleans in July. 1866, as a
resnll of an attempt of the radicals, with the consent
of the governor and a jndge of the siaie supreme court,
to reconvene the consiitutinral convention oi 1864 in
order lo enfranchise the blacks. ^^ayoT Monroe made
preparations to suppress tlie convention; a riot occur-
red; and a most inhuman massacre resulted, in which
about forty negroes and white radicals were killed and
about 136 were wounded.*

The next important race eonfticts occurred in the
late summer and fall of 1868. In the spring; of that
year an election was hehl at which the new constitu-
tion was ratified and at which H. C. Warmoth» Repub-
lican candidate for governor^ ^vas elected by a majority
of over 26.000, Later in the year the Knights of the
White Camelia, an organization similar to the Ku
Klux, entered upon a campaign of violence and intim-
idation, with the result that the Republican majority of
the spring was transformed into a. Demcxrratic plurality
of about 46.000 for Seymour. This astonishing re-
versal was later explained by Republican members of a
congjessional investigating committee in the following
language :

I Thp oonvtnMon fipp^ara [o hnvc hjLd no 1«bq1 right to re-
BAsambm, J>u[. an ihii ntTinr fmnct Uia niavor'a acilon was
uii»'F»rmnl''<l l^ur nn iicirount of thr nPfetrr nnd an iip-
t]i)niinfMi ivTicif^mriiiEicin pt ihe (tiaror see frti. Three r>ecadefl
of Fe-Jeml Lei^Blnllon. pp. 43*133- H- R, R. Nn, I&, tVIti
Conff. Z'\ S**™. conlalrH n vahi ftmount of r^'nUmory In-nrlnB upon
Iht' f»iitij*pl. The mrtPMiori. wjia uspiI with grwil *?ff<?cl by IhB
RadirjLl RrniiblltTans In ilii' NiirEh. Pi-'f ilIho ILljiide^, HlHtnrr of
the United Blalen fTfim (h* Compromise of 1850, V. pp. 6ll-€13.

Dispute/! Election of fSjd

"The testimony shows that over :a,ooo persons were
killed, wounded, and otherwise injured in Louisiana
within a fCA- weeks prior to the Presidential election in
November, 1868: that half the state was ovcrnm by
violence; and thai midnight raids, secret murders, and
opcr riot kept the people in constant terror until the

Republican's *;nrrendered all claim But rhe most

remarkable case is that of St. Landry, a planting: parish
on ihe river TCche. Here the Republicans had a
registered majority of 1,071 votes. In :hc spring: ^^
1868 they carried the parish hy 678. Tn the fall they
gave Gram no vote, not one — while the Democrats
cast 4»?'87, the full vote of the parish, for Seymour and
Blair Here occurred one of the bloodiest riots on
record, in which the Ku KInx killed and wounded over
300 Republicans, hunting and chasing them for two
days and nights t!irongh fields and stamps. Thirteen
captives were taken from the jail and shot. A pile of
twcnt>-five dead bodies was found half-buried in the
woods. Having conquered the Republicans and killed
and driven off the white leaders, the Ku Klux captured
ihe masses, marked them with badges of red flannel,
enrolled them in clubs, made them vote the Democratic
ticketr and then gave ihem a certificate of the fact," ^

A detailed account of the political history of Louis-
iana from 1868 lo 1876 H in this connection unneces-
sary. In general the period was one m which the
party in opposition, consisting of most of the white
inhabitants, pursued a policy of intimidation, even to

1M. R. It No. !Qr. iZa Colts. PP- n-ia. QuMvd by Cox, m.
AAl'fcftT- Ctii EFklnltH ri\r ftinrpin'-ni -'n coofl rji^oi punftrernrM.
Jiyedal^j a.a to tht numbi^r kljlwl*' but "rlir faHurc of the
p ^ r ofti in Tcire cin l>* pxclflirn^ nn\y on i^*- ihiyiry ihnf ti rr-itn
of CVTTor cxiatf'd-" SN pnriMli<v wlilch tn M^fi ravi' Omni tiirt
S.J<4> SBVP SB.MQ (D tbe Rtuublican canoia^it^ fnr nudLwr In
lt7ll. wUrn Ibv elrdlon vaa a compqrallvHy pvaccfuL one.

Thf Hayes-Ttlden

the extent of assassmatior ; wViik the party in power,
consisting chiefly of regroes and whhc carpet-baggers,
resorted to election fraiiil^ and to unblushing misap-
propriation of public funds. The value of property
greatly decreased ;^ ifie payment of taxes fell more than
$2,000,000 in arrears ; and the state debt was increased
to enormous proportions.^ In 1870 the Republicans
quarreled among themselves; and Governor Warmoth
went over to the Conservatives, as the Detnocrats were
called. A period of great confusion followed. The
election of 1S72 was claimed by both parties: but the
Republicans were able through the cotnplaisance of
United Slates District Judge Durell, who issued the
famous "midnight restraining order,'" to obtain the all-
important aid of the Federal troops, and to install
William Pitt Kellogg as governor, McEnery, the
Democratic claimant, was also inaugurated, but after
a few weeks found himself obUfjed to abandon tem-
porarily all efforts to assert his authority. On the
14th of September, 1874, however, the White League,

1 Thia waa Auk In pari to thf' wnr, to the flmflnclpatlon of
hundreilA nt mllhOAH ct riollnrH' n-nrth or Hlnvpfl. In the dlsordpin
Incldcnl to Eh? fhan^e rrom one labor Hyalpnt to onotbrr, to tbe
panic rif ih** nirly '71^1. hnt in larei' m^flfliiTLi to mlsffovpmmpnT.

E The Incrrast in Jhc dct>l was not whoUy the r<?0utt of actual
BlMllnic rrnrn the i'TjiIp. nlTJiniipli Ihi* amniint eTi:ilen wai Larse
enough. Eip''ndllurc.'! Tvi^rt' Increased aa a. rfflult of the bad
conflltlnn of tti^ I'^vet'ii. at fiuh!fldl(»it 10 compfinlna ( fmiidiJl'>nt Id
m&D/ casea but not nlivays no) c-n^iLgrd In underTs.klnSB nhlcli
U VTAV hoppil wnriM liPip tli*' ftPi.'r'I'ipmTl of thp scure. PtP, Fur-
thermore, tni Tco^lpts f<^ll off IIS IX result of the d'crcnsc In the
vitliie of property, ^hlto n^f? ^tnta bends wera floniM Fniirh below
par. Flncincicrs ha-l llttl*' r-J-lth En Bouthem bonda, partly lie-
caiiH" nf [hp nnift^Ttlf-ri ennrtlrlnnH in tlirai furtlnn, and parUr
bccaua? In th* period before the -mir ho many of the BtACeo In
that apctton tiad ri?piidia.ted iheir df^tiu. WTuiI fulth thf^y had
was moallr mlaplHCOd, for aftar tha atatcd wera "rodoemod" a
lar^fp proDonioh 01 IHj? imnda were repidlQlpa

Disputed Election of 1S76

an anucd quasi-secret organization consisting of Coti-
scrvalives. rose against the Kellogg goveninicnt ; a.
battle ensued in die streets of New Orleans; and
Kellogg and liis supporters were forced to take refuge
in the custom-houae. Once more the President intcr-
fered> and Kellogg was reinstated by Federal bay-
oticta. During the ensuing tv\'o years Utile better than
a state of anarchy existed in patts of Louisiana; in a
few parishes the officials wcrtf* either driven out or
murdered, somelinies because they were of bad char-
acter or incompetent, but in some instances solely
because they were negroes or white Republicans.!

Such wai the condition of affairs when the cam-
paign of 1876 opened. The Republicans were the first
to put a ticket in the field. Their convenlion met at
New Orleans on the 27tb of June and after some
stormy sessions nominated S. B. Packard for governor
and renomiraied C. C. Antoine for lieutenant-gov-
ernor. Packard, a native of Maine, had for some
years been United States marshal of Louisiana, and
had been closely associated with the custom-house
coterie of Republicans who managed the state's affairs.
Antoine was a negro, ajid is said to have been a native
of San Domingo. The Democrats held their conven^
tion at Baton Rouge on the 24th of July, and selected
as their candidates General F. T. Nicholls of Assump-
tion Parish and Louia .\. Wiltz of Orleans. Nicholls

]TbEv nkriUb Jk biupd chttrtiy qpnn th« hundrodq nf fag^a at
teaUmanv CDnialncd m S. K. No, 4fi7, t2A Codr. M SfSK., and
B. R R Son. Zei tuid 101. 43d Coriff, 3d ^-u.. end upon fllca
Ot Ihe ViVW Orleans ftcov^ne mul Ni^w Dnoatifl Timfm

The Hayes'Titden

was a graduate of West Point, antl !iad lost both an
am and a leg wfiilc fighting in the Confederate army
in Virginia, but at this time was engaged in the
practice of law. In their platEonn the Democrats
denounced Republican rule, both state and national,
aRirmed their acceptance of the last three amendments
to the Federal CoiTStitutioit, pledged a free and fair
election, and promised equal educational advantages
to both races. '

The manner in which the campaign that followed
was conducted by the two parties was affecled to a
considerable degree by the nature of the election laws.
These laws had heen framed with the end in view of
enabling the party in power to neutralize the effect of
violence and intimiHation on the part of their Demo-
cratic opponents; for, as an observer lias remarked,
"What the Republicans lacked of the lion's skin ihey
eked out with the fox's tail."^ At the head of the
electoral system createvl by these laws stcxid a state
rcti^rniTig boardn consisting of five members, chosen
originally by the senate from all parties, but with the
provision that the members themselves should fill va-
cancies. This tribunal had the discretionary power of
inquiring under certain restrictions into the conduct
of elections, and of rejecting the vote of any precinct
or parish wherein force, or fraud, or fear so prevailed
as materially to affect the result. The power just

] Ai^nuat Ci/clojiaedia. ]Q7fl, pp. 1S1-«S3, find 403 ; meh «f New

1 Benjamin F". Bull'^r'* r^'ivirl ns a mernVr nf thr^ Poller Com-
muted. H. R. R. (du. 14<l. 4Qth COilt!?' ad 5t«B., p. SG.

DtspuU'd Election of lS/6

described was an miuiual one; yet, consiJercd as a
remedy, ii was to a cerEain extent inadequate, for
•while il enabled the boanj lo throw out votes, it did
not enable them to add votes which would have been
polled bad [here been no violence and intimitlation. '

This fact furnished die Democrats an opportunity
of which they appear lo have cLinningly taken advan-
tage in this campaig:n, Tlieir plan invglved two fea-
tures,^ They purposed to carry on in most sections
of llie state a canvass that was entirely devoid of
violence. They even took pains to propitiate the
negroes; employed colored preachers and other leaders
to speak for them: j^ave barbecues with miisic and
other attractions ; and in some di.stricts in promises of
equality "outstripped the Republicans-"^ This policy
was especiallv pursued in those parishes which usually
gave Democratic majorities ; in such parishes the party
managers strove hard to prevent the occurrence of any
aci of violence whicli would give the Republican re-
turning board a pretext for rejecting the vote; and in
the main ihey were successful in this effort, although
outrages were occasionally committed by Democrats
whose hor blood got the better of their discretion. On
the other hand» in a few selected parishes, ^uch as

1 Act Its ft 1ST2. BlrrD In Sea. Ei. Doc, Nt. 2, llth Cong. 2d
8«^.. mt- I6D-I£J(. TJie nuUior wcrnld not. of course, tuivf the
tvad^r bfllevo thai hf wouM for a motnotil odvocal- puch o law,

C 7hlB lliKiry WAR m-t Inrlh by Thn FU'Di^lilLc-iin "vIhItIuft ^t<i(m.
men" in their npon to thi* l^rtflH^nt. tfUd. pp- t-9- Thc^ ]>>inp>'
QT«t> vlw>roiuly atuicked thr- tQpiiry. hut 11 a»«pmit to tha ttini 11
la A lru(- otWr FitolH which appear to me l<t be t^oncluHivt o>wc
prearatt^ In njccoeJIni pasca.

S B^^orl »( DemqcTfttic incmbprB of Potter Committer, H- R.
R Jitir M». 4iJin Cone, aa se/a.. p. Sfl.

The Hayes'TUden

Ouachita, East and West Feliciana, Hast Baton Rouge,
and Mordiouse, llie Defiiocrats pursued entirely differ-
ent tactics. T]iese were parishes in which^ since the
great majorit>' of voters were negroes, the Democrats
had everything to gain and nothing to lose. Jf, by a
process of ^'bnlldozing'* in any one of these parishes,
they should succeed in destroying the Repubiican ma-
jority, they would, if the vote were allowed to stand.
be gainers to the amount cf the majority destroyed
plU5 whatever majority they managed to secure. If,
on the contrary-, they succeeded, but the vote were
rejected, then the Republicans were at least deprived
of their normal majority. So it was with the other
alternatives; in any case it was "heads I win, tails you
lose" for the Democrais. ^

Conditions in other respects were favorable for
carrying out the Democratic plans. From numerous
bitter experiences in the past the negroes had learned
that when the whites entered upon a campaign of
intimidation f it was safest to yield peacefully and grace-
fully EO the inevitable. When, therefore, the white
rifle-clubs began to ride about the country at night
singing such ditties as,

"A charge to keep I have, a God to glorify;

If a nigger don't vote with us, he shall forever die-" *

1 ThlB WHB not a new scheme. In IS72. when Uia Wflrmotfi
plpciron nmpj'rR wcri* ir winlrol, cJXfl4.'B ocoiirrpd vh^^rt? Dcmocrstlc
comcnlBRlurjiT!* api-cnr in hitvt BiufTt^ bnlliit-EioiCea at Ri^initillCAn
uolla In fjrd*r To TiirrtJph & pre]<^xt on which the rotumlnff board
mlBhE ii?J«:l hucIi poll*. — 8. R No. 45T. 42d ConE. Sa SPSS,, \y. 77,

3 S. R No. 701, U\h CtJUB. 3d 8c«„ D. II.

Dijputed Election cf J Syd

many freedmcn needed no further warring, but joined
Democratic clubs, attended Democratic barbecues, and
ate DenKx:Tatic roa.tt ox with ihe best of tliem. Others
who were slightly more stubborn were induced to
change their politics or al least to refrain from voting
bv being threatened with loss of employment. Vet
others were whipped nr otherwise Tiialtrcated, while a
few, more unfortunate still, were roused from their
beds at night and brutally murdered. Thanks to the
work of past years, however, the amount of actual
violence needed was comparatively small. Tn those
parishes where there had been recent conflicts the (ask
of intimidation was particularly easy. '

The success of the Democratic policy in the selected
parishes was 30 ^rcat that the Republicans, seeing that
a fre* ekction wa.^ impossible, decided in some cases to
make merely nominal contests and to dcvott them-
selves to collectirg evidence of the buKdozlnff in order
that the rentminp board rai^ht have grounds for re-
jecting the parishes eJtlter in whole or in part. Thus,
says a congressional investigator, there was "presented
this singular spectacle: That in portions of the slate
an active and vigorous campaign was going on be-
tween the parties and in other portions of the state
there was substantially no campaign at all.*' ^ The
Democrats later claimed that the Republicans gave up
the fight in tTiese parishes because the negroes volun-

1 Thwe ixmoIuManif reat u^on pracUcnUy the wholn mrm of
tbfUiitaiiy ccJllectfd by Uio Congrwaknial commiitw*

1 0. n. R. No. J4A, Kit] Coca, ad SnM.. p. K,

The Ilayei-Tilden

tarily joined Democratic cUibs. bul tlic argument seems
hardly a reasonable one. All llie bulldoztd parishes
hatl two years betore given large Republican major-
ities, and tliere h no real evidence lo show that they
would not have done so again had it not been for
disorders and outrages during the campaign itself or
during the year preceding it by which the negroes had
been thoroughly cowed.

The Kcpublicans did not, however^ rest all their
hopes of victory upon their success in collecting evi-
dence of bulldozing. Ariolber matter to which tliey
devoted much atlenlion in the course of the campaign
was that of registration. The appointment of the
supervisors of rc-gist ration and their clerks was in the
hands of Governor Kellc^g, and he appointed Repub-
licans almost exdusLvely. ^ Many of those chosen for
the work already held state or Federal ofSces; some
of them were men of Jaw character, one, for
examplCf having formerly been, il was said, tJie 'Vopcr-
in" for a snake show. - The registration officers were
regarded by tbe Repiibliean campaign committee as
under their direction; and detailed inslmclions were
issued to the supervisors by D. J. M. A. Jcwett, secre-
tary of the committee on canvassing ancJ registration,
Tlicse instructions informed the supervisors that they
were expected "to register and vote the full strengtli
of the Republican party." and that rcsuUs *'once ob-

1 H H, Mill- Dm. No. ^A.. Purl S. 44Ui Cooff. Id 5ud.. pp. 711,

S Ihid. pp. 447, li>40. etc. ; H. R MIb Doc- No, 31, 4Cith Coax.
3d S«tis.. 1. pp. 110&, i]D9. 1139, 1404, 1467, etc,

Disputed Election of i8j6

taincd/' their "recognitioir" would "be ample and gen-
erous," ^

Thus encouraged, ibe supervisors worked with great
effectiveness. In iact, shortly bciore the cicctiou their
lists showed a lolal of 115,268 colored voters or al-
most S.ooo mgre than the number of colored men of
voting age according to tiie census taken in 1S80. -
Most of this excess appears to have been in the city of
New Orleans, where, owing 10 the lasity of the reg-
istration officers in failing to prevent double registra-
tion and especially in failing to strike off the names
of negroes who had died or who had removed from
the ward, a negro population of 57.647 yielded the
a&tonishing registraiion of 23495, That tliese figures
were subsequently decreased bv 3-3^, and tha4 at the
election the Republicans cast but 14,801 votes for their
highest elector, or about llieir real strength, was due
almost wholly to the vigilance of the Democrats, not
*o that of the registration or election officers.

On tlic other hand, the registration ofikcrs were
active in helping to keep down the white registration
to the lowest possible limit. In New Orleans, for
example, thoy worked with the Republican managers
in executing a very successful achcmc for detecting
illegal Democratic registration, Abont agxioo "sew-
ing machine circulflrs" were sent by the Republican
campaign committee to the addresses of registered pcr-

] li. ft. Mis. VOC. ^'n. 31, IBth Cohe. Id ftens., I. pp. 1<IT4<
1«?N, H41.

I Thv rpEl3(rmlbn llsures &rc slvi^n la EL B. Mia. Doc PTo. 14,
Put 3. 4«tb Ccinc. zd Bdm., p, 414,

The H&yes'Tildcn

sons not known to the Republican leaders; many
thousands of these circulars were returned by the tet-
ter carriers as "not found;" canvassers were then sent
out to make a second search; and when they reported
that a given person did not live at ihe address given
on the registration books, his name was stricken off.
Many mistakes v\ere made, and some of the names
were later rcstoredj but t!ic white registration was de-
creased hy about 4.SOO. The claim was later set up
that many thousands of Democrats were thereby de-
prived of ihclr right to vote, but the evidence docs not
bear out the claim. ^

Some days passed after the election before the fig-
ures of the vote actually cast could be ascertained.
At first the Republicans were inclined to believe that
they had obtained a maiority, ^ but after word had been
received from the outlying parislies it was found that
the Democratic plan had worked so beautifully that
on the face of the returns the highest Tilden elector
would receive about 84,000 votes and the lowest about
S3.000 votes, while the hi^est Hayes elector would
receive only about 76.000 votes and the lowest about
74,000 votes. 3 Upon the strength of this showing the
Democratic press of the country with great positive-
ness claimed the state for Tilden. But the Republican

I For Homp q1 th* fcBllmony reBnrdlnff rcfflntratlon app R R
Mis. Dm. no. ^\. *Fih Cone- "^^ Se«.. 1. pp 1101. inBl-lOEft
inei : H, R. M3p. Tiiic. Ko. n*, Pert 2, *4th CtmR, 2d SeHs , pp,
7,\\, J19. -m, 3S6. 471. 4M4. t^410. 537. &3ft, B£S. S93, ^03, GXS 713
7fH-

Z TeiilmiHir of Jewai: N*fr»™ Porter CommlKM. H, R. Mia.
DdC- Ka. Si, 4Bfh Oong. 3d S?BS,, I. \f. 1441

3 H, n. R- Nn. 140, 4fith Conc- 3d Sess.. p. S7.

Disputed Election of I8y6

managers transmitted words of cheer to their brethren
in other states. The returning board, said they, has
not yet performed its work. Wait tJU it gets ihrongli
with the parishes in which there has been wholesale
intimidation, and then see if Tilden has a majority.*

As in the case of Florida, Louisiana at once became
the goal for many prominent politicians of both
parties. John Sherman, James A, Garfield, Eugene
HaJe, E. W. Stonghton, and other Republicans hurried
to New Orleans by special request of the President,
and were joined there by some who had not been so
honored. Not to be outdone, a goodly number ol
Democrats, among whom were John M, Palmer. Ly-
man Trumbull, Samuel J. RanJall, J. R, Doolittle,
Henry Watterson, and Oswald Ottendorfer, obeyed
telegrams received from Abram S. Hewitt, chairman
of the Democradc national committee, and repaired to
the Crescent City on a like mission.

On the day after the Democratic statesmen reached
their destination they addressed to the Republican vis-
itors a letter anggesting that» " in view oi the un-
happy controversies which have heretofore arisen from
the action of the returning board of the state," the
two contingents unite in exerting their influence 'In
behalf of such a canvass of the votes actually cast as
by its fairness and impartiality sliall command the
respect and acquiescence of the American people."*

1 B. ff. l«l#crt[n of A- Duinont. ^airmui RecL St&t« Com.,
Id H- FL IdiM- DotL Ho. il. 14(h Ccn^. 2d S*f»B.. p. IC. jUu ot
K#1lon lfi Annual Ciiclopartita, IK7tt, p. *ii.

The Hayes-Tilden

111 dieir reply the Republican visitors declined to hold
such a conference and pointed out that they were pres-
ent merely as witnesses^ "without power or legal infltt-
ence over the resull. or over the means by which,
under liie laws of Loui.iiana, the re5ult is to be de-
termined." They furtJjer called attention to the fact
that the canvassing: board possessed power to exer-
cise judicial as well as minisljerial duties, and that to
reduce the whole question to the merely clerical duXy of
counting "'the votes actually cast," as drslinguished
from the votes "legally cast,'* would involve '*a nul-
lification of the provisions of the laws of Louisiana.'*
Tliey assured the Democratic stalesmtn. however, that
"we join heartily with you in counsels of peace and
in the expression of an earnest desire for a perfectly
honest and just declaration of the results of the recent
election in Louisiana by its lawfully constituted author-
ities* and we may add that we know of no reason Co
doubt that such declaration will be made. " Next day
the Democrats returned to the charp^e with a
letter in which they explained that by the expression
"votes actually cast" they had not meant to include
"voles illegally cast/' They disclaimed any intentron
to interfere with the legally constituted authorities,
but supposed it was not Improper "to remind the
autllorities of this stale, by our mere presence at least,
that there arc certain rules of fairness and justice
which underlie all constitutions and laws, and upon
whose observance must depend the acquiescence of the
people Gf all parties in the declared result of the

Disputed Election of 1S76

Louisiana eJeclion." They frankly confessed iher had
no such faiili in the returning board as was evinced
by The Republican visitcirs, '*We deem it nol im-
proper,*' they said in this connection, "to remind you
that the \cry presence in this city of so many citizens
from all parts of the Union at tliis momenl seems to
be evidence of a widely-prevalent distrust of the ac-
tion of lliis board, and tliat such distrust has tliia
fowndalton. at lea.^t. that the constitution of the board
lias not been changed since its returns were 5ct aside
by a Congressional committee of which the Repubhcan
candidate for the Vice- Presidency was a member."
The Republicans siill decHned. however, to enter into
any comlnration for concerted action, 1

Untjuestinnably the Democrats had g"oad reason for
distrusting the board, while the Republicans look en-
tirdy too hopeful a view u^en they announced that
ihcr knen 110 reason for doubting that a perfectly
honest and just declaration of the result would be
made. To begin Avith, the board as then constituted
consisted entirely of Republicans; for thoueli the law
provided that all parties should be represented on it,
th« sole Democratic niembcr had resided, and the
remaining four members had ignored the provision
retjuirinfj them to fi]i the vacancy,^ Then, loo, the
character of the four was by no means such as to in-
spire any great d^ree of confidence. J, Madison

1 TFiiq f^rrpKOornlcnr* \s all Elvm In S. Ex. Doc, Ko. % «4tb

The HayeS'THden

WcUs, the prcsideiUt was a native of Louisiana, had
to his honor remained a UrJon man when the state
seceded, had been chosen lieutenant-governor under
the Banks reconstruction plan, and had later become
governor, but in 1867 had been removed by General
Sheridan, who had characterized him as "a political
trickster and a dishonest man,"^ Thomas C. Ander-
son, also a native Louislanian, was known to have used
IiLS InEliicirce as a state senator in obtaining a subsidy
for a navigation connjany in which he had a larg'c
pecuniary interest. ' The other members were both
mulattoe^. One of them, Louis M, Kenner, was a sa-
loon-keeper, and at one time had been indicted for
larceny, but upon confession had been allowed to es-
cape punishment.^ The other, Cadane CasanavCn was
an undertaker and the most respectable member of
the board" but even he was not a man of the highest
intelligence or the finest moral grain. * The board as
a whole had been severely criticised for Its conduct on
a previous occasion by a committee sent out by the na-
tional House of Representatives to investigate the elec-
tion of ifi?4- Two of the Republi<:an members of the
conimitlee united with the Democratic members in de-
claring the action of the board in that election '^unjust,
illegal, and arbitrary."* The remaining Republican

r cited by The StxHan. XXITI. p, SOS. For othar oplnloiiH of
Wall* ■»> Wflrper-a Wpekl]f, XX, p. SRS ■ S. Kr. Dm. No, 3. 44th
C^ff. Sd Seaa.. p. G ^ B, It- Mid, Doc. Nd, 34, Part 3, 44Ui OtJiiB- Sd
Besa. pp. a06. S^rjA. 509: Ibid. No. IS, pT* 113-163. 178-183.

;^ TL B. bCfl, T>oc, No. 24, Part S, 44tb Cone. Sd Gob., pp. G»-

fiB4.

B tbid, p, D9S; a^SQ Part 1, pp. B9 ^I hq,

4 fbitf, p[i. ^2 01 aeij.

G H, B. UEa, Doc. No. aci. 43d Coos- £d Btia., p. 3,

Disputed Election of 1 876

tnembers G. F. Hoar. W. A. Wherier, and W. P. Frye,
refrarled thai the board had reversed the result as indi-
cated by the votes aclually in tlie ballot-boxes; but In
consideration of the board's good intentions. Messrs.
Hoan Wheeler, and Frye simply expressed "emphatic
disapprobation of Us proceedings" and "diasent irom
the view it took of its own powers and dutiea," and pro-
nounced its conduct "illegal" in "attempting to cure
one wrong by anothern"^

The law required tbaC llic board should meet wilhm
ten days after the date of the election- On Friday,
the 17th of Novcinbcrj the members assembled and
held a secret conference. On the next day they met
a^ain and adopted a resolution to the effect that an
invitation should be extended to each delej^tion of
''distinguished gentlemen from other stales" to send
five members to witness the proceedings. The invi-
tation was accepted, and the visiting statesmen took
lurns in aitending the Tneetings of tiie board. ^

At the first public session on the following day the
board announced the rules which were to govern
their proceedings. The rules provided that the board
should "first take up» canvass, and compile" the re-
turns from those parishes 10 which no objections had
been made, and should then proceed to consider the
returns from the disputed parishes: tliat all protests
and arguments from candidates or their attorneys
should be made in writing; that, except by members

1 H, R MEe, Doa No- 26Ih 43i1 Gofis- Sd Scu.» p- 3&.

lOO

The Hayej-TilJert

of the board, all tnterropatones to witnesses must be
in writing antl must previously have been submitted
to opposing connsel for cross- in lerrogta tones ; that can-
didates, or attorneys representing candidates, could be
present only when contested cases were being heard;
thai whenever The tiiembcrs of ihe board should deem
it desirable, thcj' might "go into secret session xo
consider any motion, argument, or proposition which
may be presented to them;" that, finally, after a]J the
evidence was in. the board should make the final de-
termination in secret session. After the rules Had
been read Judge Spofford. counsel for one of the Dem-
ccratic candidates, made an urgent pica for entire
publicit)', but this the board refused to ^rant. ^

A like answer was ^iven to five protests which had
been filed by the Democratic counsel at the last ses-
sion. These protests dealt with such matters as the
judicial powers of the board, the vacancy in its mem-
bership, and its right uiulcr the law to canvass the
returns foi' electors. All the answers were reasonable
with the exception of the one dealing with the sub-
ject of filling the vacency. The lasv provided that all
parties should be represented and that "in case of any
vacancy by death, resignation, or otherwise of either
of the board, then the vacancy shall be filled by the
residue of the board." The members of the board
now held that the law provided for the original organ-
ization only, that all political parties at that time or-
ganijted were represented, thai there was then no party

1 S. E:x. Bov. Nq. 1. 44th Ojuk. 16 Spsi^. p. 40,

Disputed Election of iSyd loi

known a.& the Democratic -Conservative partv, that
"there was no provision in the law tor a reorg-anization
cl liie board, so il could not have been coniempkced
that the board should be changed to suit shiFting polit-
ical organizations that might subsequently b* made,"^
This absurd view was stubbornly held to the end. At
a subsequent discussion of the matter Wells declared
thai through the resignation of (heir representative
the Democrats had lost their right to representation
on the board. He also alleged that the members of
the board were unable to agree upon any one to fill
the \'acanc>'. -

Seven sessions were devoted to canvassing and com-
fulirg the vote of those parishes acrainst which there
were no protests.^ Had the board complied with the
strict letter of the law» there would not have been much
other work to do, for, save in a very few cases, the
protests had not been regnlarty made. The I-lw regu-
lating the making of protests provided that whenever,
durii^ the time of regislration or revision of regtstra-
Ikjn or on the day of election, there should be any riol.
acts of violence, intimidation, bribery, or corrupt in-
fluence which tended to prevent a fair and free elec-
tion, the supervisor of registration, if such acta oc-
curred during the period of regislration or revision of
re^stratior, or the commissioners of election, if such
acts occurred on election day. should make affidavit of
the fact and of the effect produced thereby, and these

1 ^ El. Dot?, N[>, Z. l4Ui Cods. Za Sbbl, pn. 4ft-43.

a thtA. pp. 7«-7e.
I

102

The Hayes-Tilden

afRdavils must be corroborated under oath by three
(qualified voters of the parish. The affidavits were to
be made in duplicate, and if made by the commissioners
of election were to be forwarded to the supervisor of
registration for the parish. ^ One copy of each pro-
test the supervisor must annex to his "returns of elec-
tion by paste, wax, or some adhesive substance"* so
that the same could be kept together : the other copy he
must deliver to the clerk of che parish court, ^ As an-
other 4e€lion of ihe law provided tha,l commissioners
of election must make their returns within twenty-
four liours of the close of the polls and that the super-
visors of registration must ftithin twenty-four hoars
after the receipt of all returns consolidate such returns
and forward them by mall to the returning board, it is
clear that definite time limits were set to the making of
protests by these various officers. * If the law in this
respect was mandatory and not merely directory, then
almost all the protests upon which the board based
their jurisdiction to go behind the returns were il-
legal ; * for, atcordiny to one witness, there was but one
protest whidi had been made and forwarded in strict
accordance with the law. ^

The reasons why no more proiests were made in
time were various. Some officials appear to have rc-

l But In Xpn Orlconji to tbe Hccrolary ot m\aX^-
1 SBcUon 26 or Acl »S. ia7Z. irl^tfh Ibid. p. IC4.

3 Ibid, p, 1CS.

4 n was pravMed. liowaver, Uiat caTnUilmpa sliaiild be allowed
ft hQarlnff tn^for* lliG honr.l up^n rnnbln^ iiipr>U?atlon within Ihe
time aflawi-cl Tor tlie forwiiTilTriK of x\\'^ roturnfl. — Tft/ri, 0. I4l,

5 Stalenienr of J«WBtr In brt^r glvpn to Be<iiJ- F- BuCler, cUcd
liy GIlHOD. p, 304,

Disputed Ehction o/ iSyd 103

trained through fear, some through ijiattcntion or stu-
pidity, some because nothing had occurred in their
parishes on which a protest could be based, some be-
cause they meani to force the Republican managers to
pay them for protesting, and some because they be-
Keved there would be a Republican majority which
would obviate the nece_ssily of thn>wing otit any voles. *
This belief that there would be a majority on the
face of the returns had for a time been held by the
leaders at New Orleans, When the reverse had been
found to be the case, the lack of protests had been ser-
iously fek. But this lack, while very inconvenient,
bad not been allowed to prevent the consummation de-
sired by the Rejjublicaii managers. Luckily most of
the supervisors had broughl their returns to Mew Or-
leans in person, instead of forwarding- them by mail
as the law required, and, arrived there* had in the ma-
jority of instances deposited the returns at the cus-,
torn-house instead of delivering them at once Vy the
board; even of those returns sent through the mails
some at least had been held in the post-of!ice. An
opportunity was thus afforded of which the Republican
managers had taken full :idvantage.

"It is in testimony and uncontradicted, so far as I
know," says one of the later cor^rcssional investi-
gators, "that on or about the 23d of November these
se-aled up returns of supervisors were, in the presence
of the secretary of the Republican campaign commit-
tee, opened and new and further protests inserted,

1 Gibmr. pp 3«5, StS-STt

The Hayes-Tilden

striving after effect — a striving which was altogether
unnecessary, for the slory needed no embellishment
What £he had to tell caused 2, great sensation among
the Northern visitors. 1 ard was telegraphed to the
remotest parts of the Union,

She testified that up to the Saturday night before the
election she had lived wilii Henry Pinkston in a catMn
on what was known as "The Island" of Ouachita
parish. On that night a party of white men, some
of whom she claimed to liave recognised, and two
negroe? had ridden up to ihe cabin, and had called for
Pinkston. Failing to entice him ont, they had broken
in the ikxir, had seized him, and had sworn that if
he voied the Repnblicaii ticket he would have '*to vote
k in hell." When die woman had attempted to Inter-
fere, she had been knocked down. The ruffians had
then gagged the man] had gashed him witJi knives,
making a sound "\\i^ like cutting in new leather:''
had then dragged him outside; and had there shot
him seven times- Some of them had then re-entered
the cabin j had killed a baby which the woman held in
her arms; had assaulted the woman several times;
and had then shot her, cut her, gashed her with an
axe, and left her for dead. In proof of her story she
exhibited her wounds, which were still unhealed.
Thcv were a shocking sight, for she had unquestionably

1 S Ci. Doc, No. 2, 4lth Cone. 2(1 8^49., pp. 115-!1G. Bn-
Govtmor Palm<;r. d. Domucral from Illinois ^^gh e4p«c]B.Uy
hnrnflnl By IhP rH^Ltal. "ii Uils wommi'H nlnrj' I't true." SBld
he, "Ihe people who oouM practice Any juch violence nould
hnv*' no rinhi m cniniilnln ci/ any porl n( govpmmenr Utn\ nciuld
bo put over them," — 5. Mia, Dot. Nn. H. 4<th Offng. Sd
p. J«Z.

Disputed Etertwn of l8j6 107

be«n brutally dealt wirb; oti her thigh th^e was A
frightful gash, there were wounds in her head and
neck, aTid Uiere was a deep wound in one of her
breasts-

Every possible effort was made by the Democrats,
btxh before the reliirning board and before later con-
gressional investigating conmiittees. to break down the
story of ibis outrage. It was claimed that the murder
had no political significance* that, as a matter of fact,
Pinkston was a Democrat, ^ Charles Tidwell, the
owner of the plantation on which the murder occurred,
relucrantlv admitted before a Senate committee, how-
ever, that while Pinksion had two years before voted
with the Democrats, he was at the time of his dealh
a Radical ; 2 there was also evidence to the effect that
bv remaining away from 'A Democraiic rally Pinkstcn
had endar^ered his life. ^ Arother theory propounded
by the Democrats was tliat Plnkston was killed by a
negro named Brcxjks, with whom he bad had a fight
5onte months before. * Hut there was no real evidence
10 support the theory: while there was evidence, both
direct and circumstantial, that the killing was the work
of several men, ^ Much evidence was brought in by
the Democrats to show that because Eliza was ol
bad character no weight should be attached to her

I TWett cIhTth wjh xnn fonrarrt hy th# DffniwmUe memberB of
tli# Kouv Ccmrin1i[*^<^.— ir R- R >Jo. tE<, l*ftn i. Hfh Conff. Id
8**m. fk. IC. II app^nrv \h\\\ \\» FiaiI ho vnrwl In 117'-

SS- R Ko, 701, Hlh Ci^ii£. lid Sem,, p, 73&. Sec 4l» pp. M
and &»<

4 H. a ft. No. ]£fl. Pnrr i. 44iti Coor Zd Sen., d. «.

5 St ft- No. T0]» 4lCh CccjIh Sd S«u., PT' tO. 9). f^> f3^

io8

The Hayes-Tilden

story of the outrage. ^ As regards her character tlicre
was no room for doubl. Her own testimony ^ showed
her to be vulgar and indecent to a degree scarcely con-
ceivable; and she was much given to embellishing her
account with details that were evidently fictitTous,
Yet the essential pOTtions of her siory were nnt success-
fully impeached. The anxiety of some partisan
writers, such a^ Gibson and Bigdow, to prove tie out-
rage all a prtlf nse has betrayed them into some rather
grim absurdities, Gibson triumphantly point* to the
fact that the child's throat was not cut, as she alleged,
and that Pinkston's body was not mutilated in the man-
ner she described, ^ He seems to lose sight of the fact
that the child was nevertheless killed, that its body
was thrown into a pond, where it was not found for
a week; of the fact tlial Pinkston was shot sever
times and that his dead body was so distorted that
it was not put into a coffin but was buried in a. quilt.
So fiendish an outrage may appear incredible to some
people, yet it Is a matter of history that outrages fully
as brutal were committed by the Ku KJux — arc
still coniniitted in some sections. The explanation lies
in the barbarous character of a portion of the while
population and in the low value attached to a *'nig-
gCT's" life.i

1 S. R. Na 701. 44th Cong. !d B«u.. pp. E1T-B1S. Flnlaton
hlmot^lf woB rpprtatiil?*] as it "(ftrDil nvffto."

2 Ihid, pp. SOO ei tc^.

J A PoUllcai Crlme> p. 1<3.

4 For aoine of (be othar evLdonce oae Indeic to 3. R- No, 701,
lltti Cons- 2rt Swasi,, p. claxK'i H. R. R, Nn. Ififl. Part I, 44Ch
Canf. 3d Sesa., pp. 41-46. dificuflots tlie oik from Ibc DeiDDcrBtto

DisputaJ Election of t8j6 109

: whatever may have been the facts and motives
attending the Piokston murders, the evidence before
the returning board — even the evidence introduced
by the Democrats — revealed a most disorderly con-
dition of affairs in the parish of Oiiacbica. Beginning
tn August with the murder of J. H. Diiikgrave, a
prominent while Republican, by an unknown assassin,
there had been a series of murders and assiiilts upon
negro Republicans by persons who escaped the con-
iequenccs of their crimes. White rifle-clubs were ac-
tive; and, largely as a result of tlie fear which their
acli^^ty inspired, about 700 negroes joined Democratic
clubs. It appear^ however, that there was fear among
£ome of the Democratic leaders that all these recruits
might not "stick/' ^ so, as an object lesson, a demon-
stration was made on the Saturday ni^ht just prior to
the election. On that night parties of men severely
whipped Abran Williams and Willis Frazier, two col-
ored Republicans ; attempted to catch the son of Abram
Williams, but not finding him a-t home, whipped his
wife and oulrafrd her: killed Mcrrimon Rhodes and
threw his body into a bayoti: whipped Randall Driver;
and murdered Henry Pinkston and child in the man-
ner already described.

Seeing the situation of affairs in the parish, the
Republican managers had already decided not to at-

■tBodpotnt OTut ^^-«4 reCerencffa to ImportBinl I^tllmony- B---^ aJwi
n^npaiwn of Nnv. 2Vlb. 30th &nd Dec \»\ S<\ 1 niimrtenrvi
■hould tH attacbid to the alory clrculad?^ in ISTS Lhat EIIkb had
ttmCa ii eoiin[''r'eonr''Wlon. — S^^p 7'**' Ji'nriofi, XXVir pp I nrfl
«l.

1 l4ttflT al tlifl cb&limui of the DnmocntLc Bie<;uttve commit-
ter— 6. R. Nv. 701. 44th Conff- Id B4U., p- xli.

I lO

The Hayes-Tildtn

tempt to have iheir followers vote at the outlying
polls, h\xX to have them come into Monroe, the chief
towii< where there was a small detachmeiil of United
States troops. There was nothing unlawful in this
procedure, for the law allowed a man properly rcg-
istered to cast his ballot at any poll in the parish ; but
10 prevent the nwvement, the rirte-clubs picketed the
approaches to the Lown ; while the Democratic mayor
issued a proclamation directing the negroes to return
to their homes. ^

The evidence before the relnrning board showed
that in a number of other parishes there had been a
condition of affairs somewhat similar to that just de-
scribed in Ouachita. For example, in East Feliciana,
a parish in which the Republican vote for state officers
in 1S74 had been 1,688, the ncj^ro Republicans had
been so demoralized as a result of a reign of violence
which had begun more than a year before that the
Republican managers appear to have given up all hope
of carrying the parish and to have issued instructions
to their foTlowers not to attempt to vole. Tn conse-
quence, only a single Republican ballot, and that a
defective one, i^as cast; and the Republican majority

I Fnr tUf TtPOUbltCftn jimiinvnfl revardlnK Tho altuatlon In
OuatJilta WT & Ex, Doc. No. 2. (1th Cons, ^d S^™.. pp. 330-420,
Tht*y HTp 91 p<iTtt and llilln rpnanfy ciiti In* pliici^l uitnn mtrnt of
Ihem, The m*>tt valuable tiV: iho»e of Captain Hnlc and Ueu-
U»nnnl McCawky pI th" UniliHl SWtna Army. pp. 33TJ and 38*
rwtp-'ctlVF'ly, Fi:ir the Dtmocmllo ofSdnvlts arc P- Mia. DoC- No,
1*, 4^th rcnfir -rt fn^wn.. mp. 7V5-Bifi. The mayor's rroclHuiiLrlan
mrntlf'ncr] otK^vr ia elvtn im pi^? ^2^. 8co nliia H. H. Mis. Doc

No 31, Prm g, 4<tii Ciifie. 2(1 W'^sfl., MX i-iss, and in<lwr of a.

B. FJ«. TDlp 14th Gunff. =d &Hik. pp. civ ft og^.

Disputed Election of /Sy6 in

of 841 in 1674 was transformed into a Democratic
majonty of 1^741,*

After twelve public sessions the board on Monday,
December 4th, met in private and began the really
important portion of their worlc. What would be tlie
outcome of iheir labors was a matter about which the
general pitblic was uncertain, for there wore rumors
and counter nimors of bribery. How much truth
there was in these various nitnnrs wlJt probably never
be exaclly ascertained. There h evidence to show thar
Wells al least "was in the market-'' On November
2ist he wrolc to Senator Wcstn who was then in Wash-
ington: "Millions have been sent here and will be
used in the interest of Tilden^ and unless some counter
move [is made], it will be impossible for me or any
individual to wrest tis productive results."'^ This let-
ter he committed to the care of Joseph H, Maddox^ a
special agent of the IreasuHp-, who journeyed to Wash-
ington, and after failing to secure any encourag^ement
from Republican leaders, entered into an alliance with
Cot. John T, Pirkett. a soldier of fcrmne who had
some years before achieved notoriety and cash by sell-
ii^ the Confei-lerale archives to the national govern-
ment. In accordance with an agreement between the
two. Col- Pitkelt proceeded to New York Cily, and
there informed Abram S. Hewitt, chairman of the

1 For wtmi* of tTip ^Irtrnr*" r»*|mrfl^nB Ea-'i FHInlnnn "pp 8. R.
Bs, Doc No. i. Hfh Cong. 2d See&. i*p- 2-i--^S: ter sainc of the
vwtAtncf uK^n by ilie StnaiP mveitTiR^utntr n^mmiciep tw^ n. JL,
N«, 701, 44tb C^^Tifl. ;<l i^»P.. Index unOir Gul FVIJclniin. [rp.
dx-acrlll. For (luf "conf«wlan^~ of Anderson, ihf JLt-pumican

2 H. n. Ml?. Doc. No. 4!. t«tii Cm*- za spii., p. lao.

112

The Hiiyes-Tilden

Democratic national committee, that the Louisiana
board would in coaiiderallon of tlie sum of $1,000,000
render a decision favorable to Ttlden, but the proposi-
tion was not accepted.' It appears also that WcUs
personally offered for $300^000 to secure the coundo^
in of the Dcmocratie stale tieket. Some steps were
taken to raise the money, but tlie deal ultimately
failed, ^ What negotiations if any he carried on with
Republicans, is a matter of greater uncertainty. It has
been said but not proved that he refused to promise a
Republican decision until the stale authorities had
cashed at par some state warrants worth only about
thirty cents on the dollar, ^ It ha.^ also tiecn alleged that
he arrived at an understanding with certain of the
Republican 'Visiting statesmen,"* but upon lliis there
exists no evidence whatever. It Ea only known that
after the inauguration of Hayes he became surveyor
of the port of New Orleans, thai Anderson became the
deputy collector, and that Kenner became the deputy
naval officer,

'But whether or not the members of tlie board were
spurred on by the hope of a reward^ tliey certainly
worked zealou&ly to evolve a Republican majority.
The task proved, a more complex one than had orig*
inally been anticipated. The first hypothesis, made
before the returns haJ been opened, appears to have
been that the board would be able to get rid of enough

1 PL R Mia- Doc- No, <5. 14th Cong. 2d Smb., pp. Ill, 1J5,
143, lU, 179,

2 ToBtlmoTiT of Duncan F Kflnner. iMd. pp. S7S. 383.

3 n, n. Hip, lypc. I^o. si, -ISth Cone. i^ Qns^, I. pp. t42e-14}l.

4 GU)Bi>n, p. 3 £2.

Disputed Election of l8j6 1 13

voles in the five parishes of East Baton Rouge, Oua-
chita. Morehoiiie, and llie t^vo Felicianas;^ but it
had soon been discovered that a number of other par-
ishes would have to be purged of Democratic polls.*
The nect-ssitv arose in part out of the fact that in cer-
tain parishes the names of some Republican electors
had been omitted from the ballots, with the result that
a part of them had run more than 2,000 votes behind
the rest of the ticket. ^ The board were therefore
obliged to do some heroic work in accomplishing their
purpose. They rejected the entire vote of East Eeliei-
ana on the ground of intimidation, and that of Grant
parish on the plea that there had been no legal election
because the supervisor had fled from the parish more
than a month before the election. In addition, they
threw out 69 polls from 22 other parishes, and also
refused to receive the vote of certain polls which
the supervisors of Tan^npahoa, East Baton Rouge,
Lafayette, La Fourche* and llie assistant supervisors of
wards 2, 7, and 11 of New Orleans, had, without law-
ful authority, excluded from their returns. In this
way the board got rid of 13*213 Democratic voles, but
in th€ process were obliged to throw out the votes of
2^15 Republicans- The result was a substantial ma-
jority of 3437 for the Republican elector lowest on

I Sherman tn Hay«, H. TL Mis, Doc. No. II, 4tUi Con^. 2d

• H_ H. H. yia. Ua. 1BU) Can;. Sd Saa.. p- >7.

3 Sen. MIt liWP NO. 14. <4lh cons. 2a S««. pp, 21. 4S, Td,
Hi- T li-- licarO al^n threw oul mn.iy voi-.-a tn *ira>er ii> fl'.-<iiTO
■ Roi>Df>J](aji Ledfllalure, tbe elwllon of aa nmny RepubUmil
CODKrvAiiDen ox VciaLblc. eto-

The Hayes-TilJen

the list, a majority for Packard of 3426, and the

choice of a Republican l^islature. 1

The announcement of this happy result was not of-
ficially rnadc known lo the general public until Wed-
nesday morning, December 6th. the legal date for tbc
meeting of the electoral college- But the Republican
electors were present in New Orleans ready 10 do their
work. At four o'clock in the afternoon the college
convened* with all but two of the electors present*
These two,0. H. Brewster and A. B. Levissee, had been
objected to as ineligible because they had held offices
of trust and profit Hinder the United States at the time
they were elected- Having now resigned their offices,
they remained away in order that tlie other electors
mig-ht lake advantage of the state law providing for
the lining of vacancies caused liy the deathn sickness.
or absence of electors. The other members, in ac-
cordance with a prearranged plan, chose Brewster and
Lcvisscc to fill their own vacancies. The two then
appeared, ^ and the college thereupon proceeded to cast
the eight votes of the state of Louisiana for Hayes and
Wheeler. *

Now, however, began a peculiar complication. In
accordance witli Che Constitution triplicate certificates

IF. R. Mle. Doc- No. 34, Fori 2. *Hh Con^^ Sd Se»., pp,
7ID-7RI : alnrt S R No. 7i^1. 44Th Cong. ^A Sr*in , |>p. lUfl-HllS.

e For ptT»Cppdln«a rjf ihr coMpg'' «e H. R. MIh Doc. No- SU
46th Cong. M Sf'ftfl., L pp. S<», flS. 13B.

S I^vlMi^' diiiiDUirrei] lu tbr oUirr clcctara tTiut he hiu! Iierli
offorrd »H>0/>')ft lo rncr his voTp fur Tlldpn. — lf>id^ pp. KO rl it^q.

A It hn?i bwn charged thai Iha electors fa.lled tqp vote for Pros-
Ui-nT una Vlrt'-pri'flldmt hy dlPHnrt [saUnt^ mi the Congfllutlnn
rcuuiron, — H. R. R. No. HO, iaib Con«- 3ii flc«B„ p. 50. The cerli-
flcfitts Hlnlfd, bovrvvcr» (ha( aepurute hallnu were tHhen^^Pm-
cecdlnfi? of the Ek-ctaral CommlBnlon, p. ?05-

Disputed Eltction of l8j6 iij

of the vole were matle out, and one of these was mailed
to the president of the Senate, one was filed with the
judge of the United States district court, and one
was delivered to T. C. Anderson, who was chosen to
carry it to Washington, When Anderson reached
Washington and presented the package to Mr. !Fcrfj,
the president of the Senate, diat officer called his at-
tention to tdie fact that the envelope was not properly
endorsed. Following the same course which he pur-
sued witli regard to irregular returns froin North Car-
olina. Tennessee, and other stales, * Mr. Ferry allowed
Anderson lo retain the certificate in order to have the
defect rectified. Before leaving Washington Ander-
son began, somewhat unnecessarily, ^ to fear rhat the
certificates themselves were not in regular form be-
cause the lists of votes for President and Vice-Presi-
dent were not on separate sheets of paper. W^ien he
reached New Orleans, therefore, he C'Jinninnicated his
fears to some of the Republican leaders, and it vraa
decided that new certificates must be made. But the
time was sliort, and two of the electors were so far
away that they could not possibly gel lo New Orleans
before the work must be done. The Republican
leaders were not men to be discouraged by sucli ao

1 Th« Fi>t*jrnB fratn nlmoirl hAlf th^ fdar^fl tfr^re In jinm'< re-
■T>?<^r Irire^iljir. — T'al!mF>ny of F^^rrv, H, R, Mfj. nnc. No. 31.
*&rh Cons 7.^ S^m., I. p, i3Jf. Tlie j(iHtPm*-ri In inkpn Imm hiB

3 In VY«ry nuQUflAl the orlglnHl c^rtLQcatMf ««re In thin r«-

Florida. 0^e|^n^. And ^iilh Cnrallnn- CompaT^ c<-Hlf]cDtefl givpa
on pp. II. SD6. ::tfB. 46r of PrDceL^aJngJi of iiji^ EleclOfiii Com-
mls-ilOTir

ii6

The Hayci-Ttldcn

obstade as diis. The signatures of tlic six who coold
b* reached were secured, and then those of the other
Iwo were forged. Just who coinmiUed the forgery
does not appear; but ii is certain that Governor Kel-
^o^^' ^'- Conquest Clarke, the governor's privmte sec-
retary, ancJ perhaps othcrsn were privy to the forgery.'

On the same day on which the Rcpubhcan electors
originally met, the Democratic claimants, basing their
authority on an irregular canvass of certified copies o£
the returns, likewise assembJed and cast their ballots
for Tilden and Herdncks. Their certificates were
signed by John McEnery, who claimed to be de jure
governor of Louisiana,^

It is needless to say that the result announced by the
returning board had been attained by a series of
grossly partisan and illegal acts. The board had failed
to obey the statute requiring them to fill the vacancy
in their membership. They had entertained protests
whidi had been irregularly made. They had allowed
to stand the action of supervisors and assistant-super-
visors who had refused to compile certain polls. One
or more of them had, it appears^ even altered and falsi-
fied the returns from Vernon and perhaps from other
parishes. For this offense they were all in the follow-
ing rear indicted; and one of them^ Anderson, was
tried, convicted, and sentenced to the penitentiary for
two years, but was ultimately released by the supreme

1 5«P H. R. IL no. no. 4&t]i Conff. 3d Sese.. op^ ^d-H and
61- RaTorcncee ore thffr^ ^ven to ihc Importaiit t&aficnOnj'.
a Nettff York Tia^ra &nd WorJd of Dec 7th,

DispnUd Election of l8^6 117

court of the slate on the ground that the offense was
aot covered by the statute. '

Nevertheless, the decision of the board was final;
there was no redress against its actions however irreg-
ular. In the case of Monaire vs, Dubiiclei. decided
in May. i87tj, the state supreme court had in effect
^Jecided that the acfiotis of the returning board were
beyond the reach of judicial in(|uiry because the leg-
islature had omitted to enact a law under which pro-
ceedings in such cases could be conducted.'

An intercsiinp question which remains to be consid-
ered is: Did the returniuf;' beard in the exercise of
their extraordinary powers <iverridi" the real nvill of a
majority of the le^^al voters in the state of Louisiana?
Or, to speak brutally, did they by an illegal process
which acquired the force of law, merely take back
stolen prc^ertyi' To put it in yet other words, was
the sitTiaiion one of those rare situations in which
two wrongs go to make a right?

This much may be said at the outset, namely, that^
despite affidaTits and frantic assertions to the con-
trarv< there was not a full, fain and free election.
Some partisans perhaps persuaded themselves that
there were no rjfle-clubs, no threats, no whippings, no
inurders: but tliere were partisans on both sides quite
equal to the task of persuading themselves, or at least ,
of attemptirg to persuade others, that all the blacks

I see Rp[K>n or Trial of rnomaa C. Anderson. A copy ot this
punpMst IB Tti t^p L^roi l.ibmry. N?w YorW ClEy, Scmi nlso

i ere ftUo Eip uiES ot Bonner ve. L^^eti. 31 Ia. Ana, D- IftS,
■

Ji8 The Hayes-Tilden

were whites, had the result of the election hiiiged upon
such a demonstration. Intimidation was* in truth, one
of the central facts of the campaig:n, It was occa-
sionally resorted to by Republicans, but It would
roughly be correct to ^ay that it was a weapon belong-
ing to the Democrats. It was the chief means by
which Republican negroes were induced to change
their pohtics. Very few were convinced by talk about
misgovernment or by appeals of that sort. All asser-
tions CO the contrary notwirh standing, the negro, when
left to his own choice, was as naturally a Republican
as his former master was naturally a Demi^crat.

That the metlnjds emjiloyedby the wliitcs were cfTec-
tive is shown with startling distmL'tness by the follow-
ing table;

BlecllODir IHT4 Rpfflfi. of TflTE Elenl:. or 1STS

Dem, Etpfi, White Colored OetiL Bflp.

Ba4( Balan Hougc I1&&G 3hG41^ 1^367 9,410 [,10:! L47A

Eo^r F'fillClllIia..... . , . »A1 l.flNH 1,1104 Z.I27 1.736 ,...

Wcet Feliciana EOl 1,3BS 390 7,^13 1,248 77A

MorenouH ESI 1.017 33R 1,830 1,371 7S&

OuachkUk TCG 1,604 1I&2, 1M2 I.GflE 7K

Toua 1,324 fl.aoa s.soo \\m^ 7,323 9.800

These figures ^ taken alone are sufficient proof that ex-
traordinary things must have occurred in these par-
ishes. When we know, in addition, that Republican
officials in certain of these parishes had, during the
preceding year, been driven out or killed, that the i^-hile
Democrats were organized into secret military organ-
izationsi which rode up and down the country at night
threatening, bealii^, and even murdering negroes, that

I For ngurcB eco H. R UU. Doc. No, Zi. Part 3, 44th Contf.
2d &?Ha,. w. 404 ajid 7BI.

Disputtrtt Election of iSjO 1 19

Democratic employers, who owned practically all prop-
frty, threatened to discharge every one who aifiliated
with the Republicans, that the Republican negroes were
weak-spirited and pcxjr. so poor that they were 10
ahsolnie dependence from day 10 day upon their Dem-
ocratic employer** for th<?ir daily rations of bread and
meat, we cannot avoid the conclitsion that. ivIiaJever
may be :»aid in jualification, electioneering nieUiods
were used in the "selected" or '^buildoj^cd'* parishes
which arc not usually regarded as legitimate. Efforts
lo explain the falling- off of the Republican vole on
other gTOvinds arc futile, for there is no real proof that
the situation in these parishes differed from that in
others in any material respect save that different meth-
ods were employed by the whites and the negroes were
more tlioroughly terrorized.

That in a full, fair, and free election the Republicans
would have received a majority cannot, of course, be
absolutely proven; and yet by processes of compar-
bon it is possible to arrive at a pretty definite conclu-
sion repardinp the matter. If, for example, it be
assumed Chat tlie number of voluntary ne^a Demo-
crats was about equal to the number of white Repub-
licans — and the assumption is a reasonable one —
then the RepLtblicans were in a clear majcritv iti the
state of several thousands. But the following- com-
parison is much more convincing: In 4r parishes in
which the amount of intimidation was relatively small.

The Hayes'Tildt'n

the colored registration amounted to 87,999, ^ and the
white refifistralion to 72,o.'w, leaving a colored najority
of 15^965.- These parishes yielded iti the election a
Republican majority of ti.353. In the remaining 17
parishes, in which terrorism was alleged, the colored
registration was 27,269;' the white registration, 20,-
320, giving a colored majority of 6,949. ^*' these
parishes returned a Democratic majority of 10^153.
Had the iira|xjrtian of negroes who voted Republican
in these parishe*i hecn the same as in the other 41,
tlicre would have been a Republican majority ui the
17 parishes of between 3,000 and 3,000. Thus the
majority in the state as a whole would have been
from 8,000 to 10,000. Or. to make a yet more con-
vincing comparison: Had even the five bulldozed
parishes of East Balon Rouge, East Feliciana, West
Feliciana, Morehouse, and Ouachita^ voted approx-
imately as tliey did in 1874. the result would have been
changed sufficiently to give the lowest Republican
elector a small majority of about Soo of the vote as

1 AccordlTis to tbe n^QAUH of \%lfi th9 n^ero population of tha
Biaie BKPewled tlio whlis populfitlon lij Z^MA. The wh!ie malBB
of vailnff jiffo c]ic"iipiJ the coluixl maL«? of voUri^ nffft l>y 833,
but many thoubnnilFi r>f Uie nJilU'S w-iv Con'ljrnfrfl wlio w^re not
VDterH. The atate cenaufl of 1£7I^ ghowed lot, 192 polored volers
ajuH S4,1CT ivlillo ■Outers, but Ui|a o'nsua Ih wl»*>lly unreliable.
Th* Bam« 1% inn^ cif th^ neUonA-l CJmoiiR of ISTfl. al Ipiat for the
nesra popuLatlcUr — *St"? Frpd'Tlck liorfjiisiii, Rufi' TntUa and T«i-
A^ndfb of thfl Am^rli^Bn Negro, p. *. Por pomi.' DcmopraUfl flto-
tlHlIca roTupIIed by Tiot- Chollie of Naw Orleans, ete TL R, MIS-
noc. Xa ^A, Pnrt 2. <4lh Cone. ?d S*eb,, r^p, 470-*7a. Some of
hlB conclj»kr»nB nr? ntll ialc<-ri, but oLTi^n urr funy U3 ubsurd
lU th« <vnBLi9 of 17J75.

E These IlfiureB Include tlip podded rtElalrellon \\\ N"ew Orleanp.
As previously pnlnted out the Hfjpubllcans derived little tkdvnn-
t^tfti from tli<.« I'xrt'oa.

2 PracTleaUy aLI thiH rcfflBtrpllon WB* bona jid* Hid ouffht td
have yielded a heavy vote.

Disputed E/eciion of iSjO

actually cast, or of aboul 3*000 as the vote was scut ia
by jhc ejection oflicials to tlie returning' board. ' All
things considered, it would be pretty safe to say that
in at] absolutely fair and free election the state would
have gone Republican by from five to fifteen thous-
and. =

But whatever mtght have been the result under other
conditions, there was in the actual Louisiana situation
one fact which was in the end to prove decisive. The
body to which, in accordance with the law of the state
and the decisions of the courts, belonged the final de-
termination of the result of the election had declared
in favor of the Republican electors. These electors
had met and had cast their ballots for Rutherford B,
Hayes and WiHiam A. Wheeler: and the returns of
their vote had been certified by the man who, rightly
or wrongly, had been recogni-^ed by all branches of the
Federal ^vemment as the chief executive of the
commonwealth.

1 P>>r the njfiirr-K vn^ in rrulcEiir thpse com[>iirlBonfl **e H R_
Ui3. Doc No. 04, Pari 2, 44tb Cong- =d Beoa.. i toldpra belwKQ
pn, 4»4-«6: S. R NO. 701, <tth CnnB. 2ti Sew, pn TU-itlL
lIU-lvUI; B. Bx, Dec, Nff^ 2, 44Ui Conr. Dd S'^bh.h pp- ITS-I^t.

i But It ahouUI no) tor n mom^TLT tt- ?iip|hkH-fT that Ih? rn-
tnmljiS bouri wua mo^'^d by hlRh t(li~-nt3 af Ha duty aa n, court
ftf oquUVr DoubllPM tt'fy wonlii hnvo rr("n?iH4iL'd in Ihe RRin»
way bud they knftvrti th&i tho election liad ticrn nbaolutely trvt
ana ruir.

CHAPTER VI 11

RIFLE-CLUBS IN THE PALMETTO STATE

Rarely havp a proud people drunk rleq^er of the
cup of !iunuliation than did the white inhabitants oi
Soutli Carolina m the sixteen years Eollo^ving the sui-
citial ordinance of December* j86o. Forced during
four years of mingled triumph and defeat to endure
the yexation of a blockading fleet which win-
ter or summer never relaxed its watch upon their
coasts, they at last recognised the inevitable end when
an invading army swept through the state consuming
and destroying everything in its path and leaving the
capita! in ruins. At iniervals for more than a decade
thereafter troops wearing the hated blue were sta-
tioned here and there about the stale, and from their
camps at sunset had floated not infrequently through
the quid evrning air the strains of a song relating to
a certain Brown lale of Osawaioniie.^ But no such
gentle reminder was necessary to make apparent the
fact that the old order had passed away. Other things
brought that fact home in a far more tangible fonii.

I pike, Tht ProBtrate State, p. Tfl.

Tht Disputed Election of l8jO

The pyramid of society had been turned upside down. '
These who bad been the slaves were become the rulers.
In the governinent, in the places of the now impov-
erished arisrocracy, stood Wack and brown freedmcn,
led by hated Yankees and equally hated "scalawags;"
and from the panels over ihe doors of the stately cap-
itol at G^lumbia the marble visages of George McDuf-
£e and Robert Young Haync looked down upon tlie
incomings and outgoings of a strange legislature,
Ihrcc-fourlhs of whose members belonged to that
desptse<i race once the victims of the institution which
had formed the "comer-stone" of the fallen Confed-
eracy-
There may have been sojnewhat of poetic justice in
the situation just described, but the boalcfersemcnt
w«9 unquestionably bad for the economic interests of
the state of South Carolina. However good his in-
tcntions^and the intentions of some were of the
best — an untutored black man, fresh from slavery
in the Sea Island cotton fields, could not possibly be a
ihoToughly satisfactory lepielator or even citizen. A
Tcign of miRRovernment therefore followed enfran-
chisement — a period whidi, while not quite so re-
plete wiih pitched battles and revoTinions, was ir its
economic aspects fully as deplorable as that in Louis*

«tld the Qv^KrwF. — ScHhncr'i, Mivffatltr. VIII, p. 161. Thr> *.!-
gHoA ihM tbplr labor hai] mailp \t^*- vhlfn vpnlihy Jinil fhnt nmr
tbc urealtb should bt tnke-rk nvay by [a^n(lr>Fi, TTovfrnnr B/qdvh
Ml ft inr»nfr uTvopaT'^ Uiln^ th/' Lnni! ho hniivlLy Itijii Ih« uwn-

The Hayes-T'tlilen

iana, ^ The amount of money actually stolen has

proliably been exaggerated by some writers and by
partisan mvestigating committees, and yet the bare
truth was sufficient to make a chapter previously un-
paralleled in American history. During the six years
from 1868 to 1874 the pubhc debt was increased by
about $i^,ooo»ooo, while in the period from i860 to
1874 the total valuation of property decreased from
$490,000,000 to S141 ,624,952. Of this decline, amount-
ing in round nunibers to $348,000,000, from $170,000,-
000 to $200,000,000 was due to the freeing of the
slaves,- and many more millions to losses occasioned
by the war, to the economic effects of that struggle and
of the transformation of the labor system, and to the
existence of a ^eat business depression through-
out the country ; yet unquestionably a large part was
tile direct result of misgovemment.

Despite the fact that they and their white leaders
held the offices during this period and were the bene-
ficiaries of this reign of extravagance and corruption,
the state was not entirely an Elysium for the freedmen.
As elsewhere in liie South, the Ku Kiux early became
active.^ and against them the negroes were powerless

1 For an niTreniidy lnler>-t(Unjc acc^ciint of Sn^iITi Carolina Un-
der na^ra eovemtnvnt see PIkD. The PrQdtrato Stale, AIbq ti€'
landr A A'olkze Irani SouUi Cnrollna : Re^Tioids, Rf-pnnacniriion in
Scuth Carolina; Atiofitie MoMklj/, XXXDC^ pp 177-1I}!. 4fl?-4T(.
fl7n-flS4. On"" uf Uiu rnu?: umdJil etai^-menta will bp ronnd tn an
arijcl'^ V>y Grtvomor Chnmborltiin on RpconElructlon in South
CamllnnH f&ld. l-XXXMill, pp, 47a-4a*.

2 Plk»p p. 3B2' maHwLB* o' OoT«mor ChamberlBln flivon ta
A1U-n. ijovtfHur CliJiErirn-rluln^fi AdmlnlstriLClon la Soutti CaiO-
lino, p. 40-

3 30e vols. nt. IV and V of iba Ku KXnx Keoarls Bnd Hfv-
nolda. pp. 17&-Sn.

DispHtei/ Election of iS/O I25

lo prorccl themselves. In some ca*es ao doubt the
operations of the klans were io a certain extent justi-
fiable, but in others the outrages comtnitted not only
were wholly^ without extenuation, but were brutal and
fiendish beyond dcscriptiaji. Says a Democratic writer
on the period :

"In reference to South Carolina, the report of the
joint select commiiiee of the two bouses of Congress
of 1S72 contains such a mass of revolting details that
one cannot decide where to begin their citation or
where to «;top. Murders, or attempts to murder, are
numerous. Whippings arc without number. Prob-
ably the most cruel and cowardly of these last wa? the
whipping of Eh'as Hill. He was a colored man who
had, from infancy, been dwarfed in legs and arm?.
He was titnable to use eUher, But be possessed an
intelligent mind ; had learned to read ; and had acquired
an unusual amount of knowledge for one in his cir-
cumstances. He was a Baptist preacher ttc was
highly respected for his upright character. H*^ wa?
eminently religious, and was greatly revered by the
people of bis own race. It was on this ground that
he was visited by the Ku-Klux, brutally beaten, and
dr^ged frtmi bis house into the yard, where be was
left in the cold at night, unable to walk or crawl.
After tlie fiends had left, his sister brought him into
the house. Although this man was a Republican, his
tcdtimony gave evidence of the mildness and Christian
forbearance of his character, as well as his freedom
from ill-will toward tJie white race. In answer to a
question as to his feelinps towards the whites, he re-
plied that he had good-will, love, and aflfection tow-ard
them ; but that he feared them. He said that he had
never made the wrongs and cruellies mflicled by the

126

The HayeS'TUden

white people on his race the subject of his sermons;
bul thai he preachtd the gospel only — repentance
toward God, and faith in our Lord Jesus Christ."^

A5 a result of outrages such as this and also of an
ever-present fear that a Democratic victory would
result in a reaction towards slavery* the negroes,
despite ffaffrant misgovern ment. remained Republican
almost to a man. A negro would come to his former
owner for advice upon ever)- other subject, but let the
subject of politics be broached and he became *'as silent
a(^ a tombstone;*' for ihis was "s subject with which
"Old Ma^sa' had nothing to do/'' As the negroes
outnumbered the whites in the ratio of about five to
three, »he Republican candidates for state office, no
matter how dishonest or disreputable, were invariably
chosen. In [STB R. K. Scott was elected governor,
in 1870 was re-elected, and in 1872 was succeeded by
the notorious F, J. Moses, Jr. ^

In 1874. however^ Daniel H. Chamberlain, a man of
entirely different character, was elected. Mr Cham-
berlain was a native of Massachusetts, was a grad-
uate of Yale, had sludied law at Harvard, and
had served as a lieutenant in the colored regiment
commanded by Charles Francis Adams, Jr, After
the war he had settled in South Carolina and had
engaged in cotton planting. In the constitutional
convention of 1868 he had borne a leading part.

] Cox. p- <6fi.

Disputed Election of I876 127

ind had soon afterward been elected to fill the
attorney-generalship, an office he continued to fill
for four years, ^ Whether during that time he
managed to keep his hands entirely clean, is a matter
' concerning which there is decided difference of opin-
ion; but certain it ia thai the fact thai most of his
colleagues were unscrupulous men created an imprca-
sion which caused many people, when he was nomin-
ated for governor in 1874^ lo regard his protestations
of zeal for reform as so much hvmcombe.^

But no sooner was Mr. Chamberlain inaugurated
than it appeared that he was in dead earnest about
reform — that whatever his course in the past he
would strive to preserve "the civiliTaiion of the Puri- *
tan and the Cavalier, of the Roundhead and the
Huguenot.'*^ He set his face against the corrupt
schemes of his party; he opposed and, with the help
of reform Repubhcan and Conservative members,
defeated an attempt of an im&criTpulous element in the
legislature to secure the removal of F. L. Cardoza,
the coloreil state treasurer, who obstructe*] the execu-
tion of nefarious designs; he vetoed no less than nine-
teen vicious bills passed during the first session of the
legislature; he secured much greater economy; and.

1 Alien, pp. i2*-52«.

2 Chamb»rl4]fi'B paaftlan durlnc hia raur year* es ntrornr7-
0nipral vae no! itnllkc lhA( whl^ Tllden lone occupied wlitn
cn rnendly i^rma i?im Twepd, Hf^ Allen, pp. R-9, Ul>-161. A
DrmOi^rBKf^ D^wapaper, Thr Ncwh an/I C**vriPr, naJd on Mm v 14,
1S7S : "It Is our nxed ^r-llf-f lUni Mr OhnEHbiirEHln ha* n^\fr. In
KTVAt Tbln^B or liUlfi, cmiBcnled Id, ot nli1--d In, nay rrand upon
thin ppflpl*,"" For a rtiJT^reni vli?w Be*' RfyaoiAn. pp. 4aS-47o,

> AUm. p. iOT.

The HayeS'Tilden

boldest step oE all, he refused lo issue commissions to
two infamous characters, \V, J- Whipper and ex-Gov-
trnor Moses, whom the legislature had chosen circuit
jiidfjcs. ^

By these actions he gained the hearty commendation
of tlic better dass of citizens in the state and attracted
much attcmion from the counto' at large. The
Charleston Neu'S and Conner. Ihc most infiuential
Democratic newspaper in the state, declared that he
"richly dcscr\'cs the confidence of the people of this
state/" and on another occasion expressed the opinion
that "Governor Chamberlain has done for the people
of South Carolina what no other living man could
have done."- Other Democratic new&papers in South
Carolina used similar language ; while many periodicals
outside the state, irrespective of party, commended
his course in high terms. ^

The element which he had opposed was very indig-
nant at hi"; cnurageous stand, A vigorous effort was
made to read him out of the party as a traitor. The
effort culminated in April, 1876, in the Republican
state convention which met at Columbia to choose
delegates to the Republican national convcntioiL
Governor Chamberlain announced his desire to ^o
as a delegate, but tliere appeared to be little chance
that he would be able to do so, for in the con-
teat for the temporary chairmanship his friends

L Tm a vtjrr full account of ttieav nuLttem soe AlLou pik 10-

S Quoted by Allen, pp. 107, 190.

S Ibid, lip. 106-114. ;3fi'?l3; So9i\h AtlnMic, T, pp. 332-31^'
H. H. H. No. 17&. F^t 3. 44Lb Conff. M 8m». pp. 3&-tl.

DispuUd Election of J8yd 129

were defeated br a vote of 80 to 45. The triumph
of his enemies seemed a foregone conclusion 1 but at
four o'clock on the morning of April 14th, after a tu-
Tuultiious session which had lasted for many hours, the
governor secured the floor, and by one of the most
cfTeclive speedies on record so cnuft^unded his enemies
and so swayed the convention that when he concluded
he was chosen over United States Senator Patterson
by an overwhelming majority.^

The activity of Governor Chamberlain in the cause
of good government was such that for a long time the
Democrats were undecided whelher to nominate any
one to oppose him. Those who favored the policy of
abstaining from such a nomination were known as the
"Co-operationists," while those w^ho wi^ed to name
a full ticket received the name of "Straight-outers." '
The Charleston News and Courier was especially active
m endeavoring to prevent a separate nomination. It
advocated concentrating all *"our efforts on the other
rtate officers and the members of the legislature. With
Mr. Chamberlain as governor, and a Conservative
Democratic majority, or thereabouts, in the lower
house, the state, in every sense of the word, would
be safe. In attempting to gain more we might lose

1 ALJpn, afiB-2T] : New Vorlc Tlmrn nnfl Vow Yf>rlc Rtv^tlJ^
Aftril tSth, The corn-flr*Ml''iil of Ihc Tiinpa calk'd Chambeduln'a
■pvfoh "nttp at thp ^am1.-«I nrmlnnn t-vr lltilf-iin-^ to In Am»r-
ItJt" whll^ Uic corri'Biionilrnt ti the WActilnElan Chranicir i]p»-
flrlbtd It \a equally high t*Tmir. Pftltprfon whb worUzig for th*
DomlnaUDn ot Oovomor Marton for Uie PresJdenoy, Al CUiCtn-
imtl Chi*nih*rlnln w^rprirt#rf nrlnfov Tinfl thm ITav?'- The vo:»

SA11*B. pp. JBi-272: H. R. H_ So. ns. Pari 3. *i1b Cong. Id

130

The HayeS'Tilden

evcrytiiing." In argruing in support of this plan the
paper declared — and the slateinenl is most si^iticanl
in the \\^}^X of later events — that the Republican ma-
jority coald be overcome in "only one way: by armed
forcer^

III the end the "Straight-outers" were victorious. A
number of causes contributed to this result. Oiam-
Iwrlain, while a reformeff was, after all, a Republican
and a native of Massachusetts ; these facts weiglied
heavily against him in the minds of most of the white
inhabitants oi South Carolina. In addition it was
felt by many that to adopt the ^'Co-operaiionisi" policy
would 1es*ien the chances of choosing Democratic Pres-
idential electors, while it was recognised that an in-
dorsement of CJiamberlain would weaken the Demo-
cratic position in tht country al large, because such
au indorsement would be tantaniount to an admission
that here at last was an honest "carpet-bagger/" All
these motives, together with hunger for office and
pressure from Democratic politicians from outside the
state, weighed heavily with many Democratic leaders
and impelled them to adopt a "ntle or ruin" policy.^
Nevertheless the "Straiijht-out" movement might have
failed had it not been for an event which greatly inten-
sified partisan feeling and forced Governor Chamber-

t Mcy Sth. It&llcfl fio i)rlnti:i] In aH^nal, In July ch« popcr
mrbll&lietl b aeries of etabarate arUclaa defBDdUiv hlH adtnln-
IfltraUon-

2 Allen, pp. ac^r-SSl. 13^. goe alaa pp, IBI. E44'2iK. of Vol.
XH of fluKlhcm BUlGTiaol jSoclcfi/ Pfjptr* , the referem* la to &
■crioH (if article hy P. A. Pnrclwr On tho lAit Cbspter o(
Reconst ruction In ^utEi CaroUna,

Disputed E/ection of 1876 Tji

lain to lake a stand which alienated many of the whUc
in habitants. ^

This event was the so-called "Hamburg- Massacre "
which cook place in Aiken county on the 8ih o£ July.
The massacre grew out of an incident which occurred
on the 4tii, On that day while the negro militia com-
pany of the town was marching on one of the public
streets two young white men drove up in a buggy.
Aecordinf; to one version of the affair the company
purposely blocked up the entire street and refused to
allow the whites to pass; according to the other the
whites, disdaining to turn lo one side, drove against
the head of the column and ordered thv company to
break ranks and let them through.' At any rale a
wordy a!lercaiir>n followef], which finally resulted in
the negroes allowing the whites to pass. Complaint
was later made by the father of one of the young men
before Trial Justice Rivers, a colored man, against
Dock Adams, the captein of the company, for obstruct-
ing the highway. After a stormy preliminary hearing
on the 6th the case was postponed until the 8lh, On
that day about a hundred armed white men assembled
in the town ; and Adams, on the plea that he feared
violence, failed to appear before the justice and tooJc
refuge with other negroes in the armor>'. A demand
wras then made by General M, C. Butler, who was act-
ing as attorney for the prosecution, and who was later

1 aovlhtm mstoTloa! Societv t^aen. Vol XIL p. 3ii: StMM
AIU*«ic. L pp 110. 412-lU,

I Tbf DrffTO companfea wi^rv vLt^wed with sn^aT dlitttc« by Cho

132

The H^yes-TiiJen

United States senator from South Carolina, that the
militia should give up their arms to the whites. ^ The
demanil was refused, and firing began. One white
was killed early in the conflict; but his fellows bom-
barded the armory with a cannon brought over from
Augusta, Georgia; and after a time the negroes, hav-
ing exhausted about all their ammunition, attempted
to escape. Some succeeded, but James Cook, the col-
ored town marshalt. who lived in the armory, was
killed: and about twenty-five others were captured.
Of these, five were afterwards murdered in cold blood,
and three were badly wounded. Not content with
this violence, some ot the mob then robbed and mal-
treated a number of other negroes, including Trial Jus-
tice Rivers.^

As soon as he received notice of the affair Governor
Chambcriain sent the attorney -general to make an
investigation, announced his intention to do all in his
power to bring the offenders to jtislice, and asked the
President whether the general government would assist
him in maintaining order in case violence in tlie
state should get beyond the control of the state au-
thorities.^ His altitude in the matter was indorsed
by some of the more literal whites, but was severely

1 The «Tatufl tit the neero company wsb tiomewnqt infviiTar:
th« vhJte* clhlmAd that IC had no rigbt to the arms. Par the qIB-
C^t^^ pflp*'''^ rctriTlnft m llic fnriiTianv'p tijiTUB we-i! K. Afia Unc. NO.
iS, *4lh Ot'ns -J E^P!-^. PI'- ••5l ct flcfl,

2 My cipcount la fccwd upon AIIph, pp. JnT-^aO; the South
Atlanttir. I, ir^i. ill-m; Soulltfnt Nintarical flocfeitf Fflifrrs, Xll,
pp m&-2^2- LiBlond, pp. ]&fi-]r^7: nod the gr^ni miipx of le^ti-
mony In S. Mia. tHjc- J^q, 4Sh 14tlL Coiif. £d Stti., and El. H. UU.
D«c Ko. 'A\. 44th Cone. !]d Soma.

3 Allen, pp. 313 e( flea.

Disputed Elrciion cf l8j6 133

aiticiscd by persons in whose rstimation the killing ol
a few negroes was nal a matter of very great import-
ance. '

The passions and prejudices aroiised at this tiine
proved decisive in determining the action of the Dem-
ocrats.^ While the excitement was at irs height the
stale executive committee issued a call for a conven-
tion to meet at Columbia on the i5Eh of Au^st.
When the convention assembled the "Co-opcralicnists''
did their best to secure tlie adoption cf a "watch and
watt" policy ; but the "Straight -outers" carried throiig:h
a resolution '*to nominate candidates for governor and
other slate officers."^

Having decided upon tlie policy to pursue, the con-
vention chose as its nominee General Wade Hampton.
The choice was a wise one, perhaps the wisest that
could have been made. General Hampton was a mem-
ber of the old aristocracy, and had been one of the
wealthiest men in the state. In the Rebellion he had
commanded Lee's cavalry after the death of J. E. B.
Smart, had later unsuccessfnlTy opposed Sherman's
march through the Caroiinas, and while he had won

1 rJU NfiUfl niNl ^DuHcr mid: "GovenjoT Chamberlain np-

Sirt to think thnt & ccmponv of tTnlti^i] ^tnu-a soLdlerB will
»& K mart aedailve *ff<^;i than rirle olubH or clvU pnsjria. TliU
was (he p<pKtUan token n fuw wer-Ms nxu by itif ri'-WBpapL-m OiKt
beml'^ Oovemor Chambc-rlnln for catllnff for iroo[ia. Thpito vary
io<unial«, nt Lhp W^-vt: tZ ilx' Caibt^alLf-fi tniubii^, werv daniorau#
frr troopv. and wtp rurloue In th-'lr di'nimclntEotiB of Governor
CliunbftrliiJD U-cfiuse in? woula not uilJ for them."

2 ^nulA jitJaptfir, I, p. 414.

4 AUitri. pp. t3:>-^3a; &t*uXh irfontkr, I. yn. \\t~M1\ Annual
QycAti'm^Aia, 1KV6- p. "I'l : Hcrnalda. pp. S47-3FO ; fllc» of .V^io*
Id Courier iui4 Qf (he Culumbia Lrnlan f/rmM^
1«

134-

The Hnyes-Tilden

no great successes had shown much military ability-
He had early accepted tlie results of the war, and had
been one of the firat of the Southern ieadcrs to advo-
cate a liberal policy towards the frecdmen. White not
the possessor of oratorical iror even of intellectual ^ifts
of the highest order» he yet had exactly the qualities of
leadership indispensable for success in the present
emergency- ^

The platform on which he was nominated professed
acceptance of the three war Amendments; stated tiiat
*'we turn from the settled and final past to the great,
living, and momentous issues of the present and the
future ;"' and contained a bitter arraignment of the
Republican party, for ''arraying race against race/' for
"prostituting' the elective franchise" and "tampering
with the ballot-box," and for having brought about a
condition of *'venalitv and corruption" iinparalkled in
history. * In the opinion of Tke Nation, the platform
contained '*all llie things that proper platforms have
to contain in these days — acceptance of the Constitu-
tional Amendments and other results of the war, devo-
tion to equal rights, love of peace and order, imTncaa-
urable hatred of theft, fravd, and other forms of vil-
lainy, . . , The only thin^ the Republicans can say
against it i? that it is hypocritical.'"^

The Republicans did not hold their convention until

1 For HamFton'i charocEor bad 8out\ AfJanlif, I. pp, llS-4]!).
and <Zi: S^nfiwi /f^Henr. X, pii, 3S4-£T£ ; McClun^. Recallec-
Won» of Hult 0. Cftntun', pp. (""J-*!*,

S VoL XXIir. p. 111.

■

Disputed EUctton of I87O

^3S

almf»at a montii later. ' When it assembled on the 13th
of Septcmbern a strong effort was maJe by R. B. El-
liott, the mulatto speaker of the Mouse of Represen-
tatives, C. C, Bowcn, B. F. Whitlcmore. and other
anti-reformers, to overthrow Chamberiamn A bitter
contest followed in which the povernar was only par-
tially victorious. He secured the adoption of a plat-
form pledging a large nnmber of specific reforms, and
also secured his OA-n renoniination as well as thai of
State Treasurer Cardoza and others of his adherents:
but itnfoTlunalely he was unable to prevent the conven-
tion from pnttrng R. R. Elliott. T. C. Dunn, and others
of the most corrupt element in the party on the licket.
By this step a considerable numl>er of honest men of
botli races were alienated,-

The Democrats did not nait for the Republican con-
vention to be over before bej;innin^ their campaign.
All sections of the party at once united and entered
upon a determined and wonderfully enthusiastic effort
to "redeem" tlie slate. The plan of procedure was to
attempt to conciUate the blacks by making glowing
promises^ and by nominating negroes for the lec^.;-
lature in fiome of the counties in which the Republican
majorities were too large to overcome,* and at the

I For Bocounw ol \hf convpn[1oii att AUi^n. pji, 352-3e* : Re/'-
halds, pp. JUa-Sr^ Sculhem iiitloi^cal S'tel^'tv Piptrt. 311-11(1
AtUtMic. XXXTX, r. I^Ah Ann%oi CiATfuxitdki fur tfl70, i>. ttl-.
nir« of rh?' >^<-a' Vork World. Hrritlii. luid Tintft. nnd af tba
OiATli^nii Jf^urt flirf CtmriT. and ih'' Ch>lumbltt t'nion Herald.

3 Allen, pp. 3flC. K04-5D5; CkumbnTlnln In AtSatitic, ZJOOCX-

vn, p, 4*c,

1 8out* Atlantic. I, pp. 45-r:a : H. R. WIb. Doa No. }1. Port L
1 Aflnnllc, 7CXXJX. p. Ui.

136

The Hityes-THden

same time to bring forms of pressure to bear which
wouJd convince Ihe recalcitrant that it would be safer
to affiliate with the Democracy, The leaders of the
party fully understood that only by drastic irtethods
could they hope to overcome tlie large RepuWican ma-
jority. Retort was therefore had to the "Mississippi
plan." "Rifle-clubs," "artillery companies," "'sabre
clubs," uniformed in red ahirts ard fully armed, were
organized throughout the slate. They at once began
systematically to appear at Republican meetings and
demand a division of time. As an exampk of bow they
behaved at these meetings may be taken the following
descriplion by Governor Chamberlain, who at the time
the incidents occurrei was making a tour of the state
for the purpose of defending his administration and
securing a renomi nation. Says Mr. Chamberlain;

'*On the reiiini of Judge Ko^ and Mr. Jillson from
Newberry on tiie i9Eh of August, they strongly ad-
vised the abandonment of the meeting at Abbeville in
view of their experience at Newberry, and especially
on accf^unt of a violent and threatening harangue made
at the depot ai Newberry on the morning of the 19th,
to a band of his partisans, by Coh D. Wyatt Aiken. I
replied that I should keep my engagement at Abbeville
from a sense of imperative diaty to my Republican
friends there. Unwilling to allow me to fjo alone,
the^e gentlemen gallantly consented to accompany me
on the 2ist lo Abbeville Court House. On arriving
at AbbeviTle. 1 found our Republican friends, as at
Newberry, firmly convinced that if we held our meet-
ing prudence would compel us to allow the Democrats
to occupy half the lime, ard even then they wm*

Disputed Election of jS/6 137

greatly apprehensive of trouble. An arrangement was
accorditiglj- entered into tiy which three speakers from
each party were to take part in the meetin]?:. At the
hour appointt^H we proceeded to the place of meeting,
where we found the Republicans assembled, after the
manner of ordinary political meetings. As soun. how-
ever, 3S the Republicans were a^^embled, companies
of mounted white men, marching in martial order,
and under the command of officers or persons who
gave orders which were obeyed, bepan to pour over
the hill in froni of the stand and to lake their places
at the meeting. At this time T sat beside General
McGowan, and we agreed in our estimate that there
were from 800 to i.ooo mounted while men present
They came, as I know, from Edgefield County, and,
a5 I was informed, from Newberry. Anderson, and
Laurens Counties, as well as from Abbeville County.
When fully assemhledn they covcTed more than one-half
the space around the stand, besides entirely encircling
the whole meeting widi mounted men. 1 spoke first.
In the course of my speech, in response to loud and
repeated cries from the while men, 'How about Ham-
burg,' Tell US about Haojhurg/ T replied. "Yes, 1 aWI
tell you abnnt Hamburg/ whereupon I saw a sudden
crowding towards the stand by the mounted white
men on my nshl and heard distinctly die click of a
considerable number of pistols,

"I was followed by Col. D. Wyatt Aiken, in a speech
filled (o overflowing with the spirit of intolerance and
violence. With his thousand miiiinled and armed par-
tisans cheerinej him on. he shouted to the five or six
hundred colored Republicans. 'H you want war you
can have it — yes. war 10 the knife, and the knife to
the hilt/ With a thousand armed white men drinking
in his words, he singled out one colored man in the
crowd for special personal denunciation. . . . Later m

The 1 1 ayes-Til den

the day Mr, Jillson while speaking was so greatly
interrupted by the white men that he was unable to
make a connected speech or to pursue his iniendetj
line of argument. After the meeting was closed and
while the colored repuhlicaus were OHrrying a United
States flag past the public square in the village, an
cflort was made b,^ a parly of mounted white men to
snatch it from them, fifteen or twenty pistols were
discharged in the air. and a general riot was thereby
made immment." '

The object of activity such as this was well set forth
at the time by l\. V. Rcrdfield in a letter to tlie Cincin-
nati Commercial. "The outsider," wrote he. "is apt to
be puzzled by accounts of affairs here, lie may not
understand the formation of nrte-clubs. rifle-learns,
artillery companies, among the whites. What arc they
afraid of? They are not afraid of anything- Why,
then, this arming? They intend to carry this election,
if it is poFsible to do so. The programme is to have
rifle-clubs all over the state, and, wliile avoiding actual
bloodshed as much as possible, to so impress the blacks
that they, or a nuTnber nf :hem, will feel impelled to
vote with the whites ont of actual fear. The blacks are
tiniifl by nature, timid by habit, timid by education. A
display of force unnerves them. The whites under-
stand this, and an irimcrise marching about at night,

1 H. R UIn, I>oc, No. 31, Pftrt 1. 4*th Cnnff, aa Sfsa. pp-
2Ti9',1ttii. In pfl^R boin Ffprnrp nnd rdUf^wins ihfr'' an? mynuntn
nf nlmilar merTlngn flt other plncpp, Fcir yd other n.ccouri[a i**<

/^^fl. nr. is7. S2a. ?3fi, 2%^. 2%^. ^ag, 24:i. y*fiji9. asw. 3*5. 4f>3,

4«C; Ptrt ?H pp. \hx 2^K, :,17 : ntid Parr 3. pp. 117. 107, Sif,
Home of this evldflTif^ wad (Oven by nmcp™ nf thP United Stata
armrr See nli"" ^urifft[>T'ii JJittorirtii Hocirtsj i*apcr9, Till, pps
^nn-Kin. ChumburlJiln's jicroimT= nr» hy nn mpans BTaggtrrHna.
H ODF Ifl to believe tho slorlea Evld by ^uTh CaroUnlana (od^r-

Disputed Election of l8j6 139

and appearance at any republican mecitng 'to divide
time' is with a view Co impress the blacks with a sense
of the danger of longer holding out against white
rule." I

The Democrats, in fact^ did everything in their
power to produce a reign of terror among the freed-
mon. Threats of violence flew thick as birds in spring;
the homes of colored men were fired inio at night ; and
negroes were whipped, assaulted, and in some in-
stances murdered-'

An equally effective weapon used against the blacks
was induMrial proscription. Democrats openly an-
nounced that tJiey would not employ Republicans nor
rent land to them, and the Democratic newspapers were
filled with resolutions to that cfTect. Out of the many
5uch resolutions which might be cited, this one, taken
from the i^axs and Courier for September iSth, will
suffice:

'The following resolutions, adopted by the Easter-
lin's Mill Democratic Club, are commended to the at-
tention of the different clubs throughout the state.
Similar resolutions have been adopted by tlie Willow
Township, Graham's, and Bamberg clubs, and no doubt
by many other clubs in Orangeburgh and Ramwell
Counties, It is intended that the names of Ihe obnox^
ions leaders in each township be sent to the dififerent
dubs throughout the county:

'*\. Resoh'cd. That we will not rent land to any

1 H R UK nttc. No- n. P&rt I, Uth Conpj. 2a 59a*.. jy »E.

E Fnf rvM^iin on Ihesr polnCB see Index lo Ibid, rp. *T<t-47l.
Thi- "■• <'1 vio\enr^ iv ntii niw ^J^'nlt'd hv mndid p-.TMne. — S*t
atwanit Jftvlfu. X. p, Hi, and Atlantte. UiXXXUt. v^ H>0.

The Hayes'Tildvn

radical leader, or any member of tiU fsimily, or furnish
a hanie, or pivc cmplovment to any such leader or any
member of his family.

"3. That we will not furnish any such leader, or
any member of his family, any supplies, such as pro-
visions, farm- implements, sloclc, elc_, except so far as
contracts for the present year are concerned.

"3, That we will not purchase anything any radical
leader or any member of his family may offer for sale,
or sell any such leader or any member of his fanuly
anything whatever.

"4. Thai the names of such persons who may be
considered leaders be furnished lo this club at the ear-
liest date, and that a list of the same be furnished each
member of tlie club."^

The Republicans, on their part, worked unceasingly
to counteract the Democratic efforts. Speakers played
upon the freedman's ever-present fear of being once
more reduced to slavery, - Democratic negroes were
stripped raked and beaten with whips and clubs, or were
cut with knives or razors. According to the Democratic
members of an investigating comniitlcc later sent out
by the Federal House of Representatives, '^Women
utterly refused to have any intercourse with men of
their own race who voted against the Republicans,
One instance was proven of the actual desertion of a

1 H. R. R. No. nc. Part 2, 44U Ctniff. 3d Stao., p. 3fl. Othrr ]q-
sta.nri^9 nn> ^vt-n nn th^^ qnmr' pb|F'> St^ eiIw> /bid, MI1 Doc- No.
31. Pan 1. i*p. 219, ZZ\, ^2,1, ZZA. ilSfl, Z?kl. Z\A. 2*0, ^S4, 371. l»t,
Gon*mL M. C. Buller <-»f HQint>iirs fnm" later (.Hllflod thnl he
liaO Inlil Ills Ippdjita E.hu1 Lf i-biry voted this RepijbLlcan
thps' would have to l^av*' his pLnntatlcn. — PI rat report
guoted, pp. 3fi'39i

ji Uck«l ,]
ort jiut U

Disputed Etectian of I8y6 141

wife with the children of a husband because he made
campaign speeches for the Democrats."^ But, com*
pared with the imimidation practiced by their oppon-
ents, the amount of which the Republicans were guiJty
appears to have been comparatively small ; while the
very abhorrence in which Democratic negroes were
held by the people of their own color is pretty conclu-
sive proof tiiat when left alone the negroes were almost
unanimously Republican, The freed men not only
employed violence in preventing desertions, but, exas-
perated by the Democratic invasions of their meetings,
they also showed in some localities an unexpected
determination to resist the whites. They began to
carry arms to their meetings, and to indulge in the
most diabolical threats. ^

In the month of September there were, in fact, two
serious collisions between the races. The first took
place in Charleston on the 6th, and was due to an
unjustifiable attempt on the part of colored Republicans
to call two colored Democratic speakers to account for
their utterances. Before the not was subdued by the
Republican authorities several persons on bodi sides

IH. R. n. No. lis. Part I. 4ith Ccnjr. Sd Seaa.. pp. n-12, F«r
eAcF «Tld»noiT AlfHig thU lln? see H, Tl. Mia, Dac No. %\. Part 1,
pp, nv, 417. 4I£. 43a, 43», 1«a, One negro uld tliat on fl
certain owaalnn wh"n he hurisTiod for Rnmpton, rriffn sniS
wameii of liLi mc*? frll upon blin "the sami' a?< ants/' ,\n<l lore
off fttl hm elDlhruB pi<?«pi hli trnwrHr The eamv nfgro etJtted
that Uie n»non he ^Tif-d ih^ DfmocraKc ticket nos that lie wss
«ble to borrow mon^v fmm □. I>«mi><7rBL vhn OBkvd no frurBtEonn
about rppooTn^ni. "1 Umustu Hi*' i>"nii:icfailc pafCy »i"aii saod,
Uid v#'lL plv'« iJi'^m Dijr vupporL^'^Ib^'f, 402.

IjKkmlkr, XXXECp. ISS.

142

The HityeS'Tilden

had been injured, and one white man had been fatally
wounded. ^

The other riot was a far more serious affair. It
occurred at EUenton, in the same county in which
Hamburg was situated. As a result of race and poli-
tical hatreds, conditions in that section had for some
time been favorable for an outbreak- An occasion
was offered by the attempt o£ two ne^oes to commit
a robbery. The opportunit}' "to teach the negroes a
lesson" was too favorable to be lost. Rifle-clubs from
a radius of thirtj' miles collected: all the negroes of
the locality becanie alarmed; conflicts Took place; and
before quiet was restored one or two whites and from
fifteen to thirty negroes had lost their lives. Most and
probably all of ihe neg^roes killed were wholly inno-
cent of the original offense, and many were simply shot
down. Particularly cold-bloo^led was the murder of
Simon P. Coker, a member of the legislatnrc, A fax
greater massacre was prevented only by the opportune
arrival of a company of United Slates troops, who
saved about one hondrcfl colored men surrounded in
a swamp. Even then the killing of colored men con-
tinued for several days. -

In view of the violence and disorder in the state,
Governor Chamberlain on October 7th issued a proc-

1 flohfftprn HijKorJfn/ Sfirietu Pcippra, Xir, pd. fiDI-SSS; AIIen>
p. 3fil ; II, ft. Mlft Dnc. Ko. ai. Pun ;. 4ith Cors- 3d SC9&, pp,

t My BocoimT of Uie Kllpntnn aTTalr la Mspft plilPfTv fwi Snt^lk*
*n» Hiainricnl &iicUUi Pispem. XITl, pp. 17-S;i; ani3 on Iho mor-
moufl mass of evidence conliiLnE-d in H. R^ 3d\n. Doe?, NO- H, 44lli
0«iff. 2d a^a.. and Tn B. MTir, Doc, No, IS. 4ith ConC Sd Stba

Disputed Election of l8y6 143

lamation ordering the rifle-clubs and other military
organizations not a part of the militia to disband. As
ihe disturbances continued and the order was not
obeyed, he soon afterwards appealed to the President
for lroop5. The President accordingly issued a proc-
lamation against the rifle-clubs, and sent more than
thirty companies of United Stales Irnops into the
state. ^

The^e actions on the part of the governor and the
President evoked. 01 course, a storm of criticism.^ It
was denied bv the Democrats that the call for troops
was warranted by tlie facts. It was said thai Cham-
berlain ought to have called upon the rifle-clubs to put
do\^-n the disorders, It was urped that he ought to
have convoked the l^slature. On the whole, how-
ever, there can be little doubt thai the use of troops
was justifiable, even though it be granted thai the
governor and the President were actuated by partisan
motives. The governor unquestionably showed wis-
dom in noi attempting to make use of the negro militia,
for that would have hrou^il nn yet mnre terrible con-
sequences; while, as for making use of the rifle-clubs,
that, as he remarked, would have been calling: in the

I J"inuo/ fj/r/DpOfdla, 1ST«, jrp. 71»-720, uid All™* pp. ||B-

IH. R. Mis. PiMT. No. 31, Purt I, Hth Conn, 2d 3^™., pp, 33K-
8*0. Sotithrm Hittfir^rnl SurHfitv Paprrs, XTir. pp. ES-BA. aom*
of Uw* JuilR"fi ■iTl'-tl ChnnilterlnlD"n chnrgi'5. Mime even rpprc-
■ml«1 Sflufh fdrollrn Hf .\ \-fry plywlum of t*:i*e ntid ffao4
ar^'rr. A tTnflF^it PMl^-a anny iJlTlcr Ioilt In-itlm'il that ItM
juAte** llfd. Jud;70 WLFTsIn. who*-^ clri>ulf s-mhmo^d th& c»un-
tlm of Alhrn urd BaniwHI, smtwT ihat doni'-mlc vlf^ltnL* cer-
liilnly ■•ilBT->d DTid C'spr'^'ncd The oplnl^d rhoi Thfn Af^ndlnff of
lroo[)B hnd mtvef! many T]v<^, — H- R. SSin, Doc- N*J. 31. Pan 4,
4|(h C«nv- 3d 9en.» P' 140,

144

The Haves-THJen

wolves to guard the sheep, ^ The use of troops in an
election is, to be sure, to be deplored as a usual thing;
but conditions in South Carolina were such that the
only pity was there were not more troops available.
As for the absurd ciatm that the presence of the troops
would scare the negroes into voting the Republican
ticket,^ the later adniission by the Demorrauc TFiem-
bers of a House Investigating committee that the bear-
ing of the troops ''was both prudent and wise"^ Is
sufficient refutation. The "true inwardness" of the
outcry lay in the fact that the presence of the troops
interfered with the Democratic plan of campatg-n. Had
the troops not been sent, there can be little doubt that
the Democrats would have carried the state by a lar^
majority. But as General N. P. Banks later remarked:
"The last card — one which had been played with so
much success in adjoining- states, upon which in fact
every expectation of success depended, the revolver
and rifle, which had been carefully dealt out, according
to the rules of the game as practiced in the best politi-
cal society, lo each member of the dub organized for
intellcclual and social pleasures only — was uncftpect-
edly and scandalously trumped by a Federal bayonet." *
The presence of the troops did much to secure a
more peaceful condition of affairs. After the issuance
of the President's proclamation there was but one con-
siderable riot This occurred at a Republican meeting

1 AllHi. p. 3S7. For Clmrnbi^rlii Ln'4 defenctf see Nttw Tork
THf^U'iP fnr OrlulHT fird at\fi NnVnmhr.T :?(! .

2 E- e. New York Herald of OcU SSth,

3 H. R. R_ Vq. 17H. Pnrt I. 4«Ui Conf. Zd Soru.. p. II,

4 /bid, Pdrt E. p. SST.

Disputed Election of l8y6 145

held at Cainhoy near Charleston, As usual the Demo-
crats had forced the Republicans to divide time, and
while the meeting was in prepress some young white
men seiicd some gun^ belonging to the negroes. A
fight ensued in which tiie negroes for once stood their
ground, killed si^t of the whites, and put the rest to
flight, with the loss of but one of their own number-^
In all places where troops were stationed the negroes
were comparatively safe from physical violence, for so
thoroughly had South Carolinians learned to respect
the United States that the presence of a single blue uni-
form was sufficient to hold a whole company of "red-
shirts" in check. In the back country where there
were no troops, however, there continued to be some-
thing of a reign of terror among the fTeedmen.
^ The election proper was attended with terrible ex-
citement, yet on the whole it was more pcaceablt than
might have been anticipated^ In 5omc respects, how-
ever, it was scarcely more than a farce. While there
were no great riols> there were minor disturbances at
many places, and there was much inlimidalion of indi-
viduals, buying of voles, and repeating. In Charles-
ton, Beaufort, and other '"black counTies" bands of
negroes, armed with guns. clnb?< swi^rds, knives, bay-
onets, and other w^eapons. surrounded some of the

polls: swore they would ''kill any Democratic

nigger'^ who offered to vote; and violently handled
some who disregarded the warning. In these covtntica

3 For anme of the *vldeort »e H. R MIb- Doc, No. B1, <4Ul
Cnn«, -d S«w., pp. lBfl-*fi(», Bpp ftl»ui Unutkrm NiMtartevi BocittV

146

The HayeS'TilJen

ihf RepuTflicans alsQ appear to \\Avt^ done considerabTf
repeatitig. ^ In other coimries similar tactics were
pursued to au even greater degree by the Democrats.
Ne^TtJcs and even while election officials were inliinj'
dated and in ^irtc cases assaulted, and parties of white
men rode about from poll to poll casting their voles at
each,* In this sort of work the native whites were
materially Bided by Georfjians and North Carolinians,
who crossed the border to help their fellow Democrats.*
Since the state census of 1S75 gives the number of
males of voting- age and since the election managers
in all but four cnuntie?i classified the voters according
to color, it is possible to arrive at soine conclusions by
a process of comparison.* Such a study seems to
show thai by far the greater amount of illegal voting
was done by tbe whites. In only two counties did the
colored vote exceed the census figures, the excess being
928; in the other counties* the nefn"o vote fell below
the census figures by ^.^^j. !n only four counties did
the white vote fall l:€low the census figures, the de-
crease in these being 328; in ill the other counties,
exclusive of those in ivhich no classification was made,
there was an excess amounting to 3,505. while in the
non-classified counties there was an estimated excess

1 See AtioMif. XXXrX. p. IR7; InrtfOr fo H. R- MIb- One. No.
II, Part I. pp. 471 -02; Fndti to S, MU X>oc. Mo, 4S. p. tHI-

! litia. pp. x-iiii: Hmiflp report lusi cumi. rrv 470-<7i : Atiatk-
He, xxx-ix. p. 13;.

I Jftid : Hoiifi'* refwrt. Pnn 1, pp. 235, !4l : S. Mia Doc NO.
48, 44tb Cons. 2-1 P-'"., TF- 328, S&S. 410, flTr. Sfll.

4 For flffurefl we H. R. R. No. I7&. Part 3. 44th Cone, 2d
Sphs., p. I>3. The four c^iiinCtca ^erc Chajtoston, LaurpiiB, Bd^it-
flflld. Bud WlMlJimshitrffli.

£ DHrtgnrdlne the four mi'ntlmed-

Disputed Election of jSjO 147

of 3.026. In onJj one county, namely Barnwell, do
the figures show conclusively that there was Republican
repeating'. M05I of this repeating was done in Rol>-
bins Precinct. About noon of election tlay the regular
polling-place was fired on and was deserlerl. but die
Republican manager opened another one at an aban-
doned school-hoiise. The voting at this new poll
proceeded so briskly (hat, when evening came, ^^Z^"^
ballots. al[ for the Republican candidates, were taken
out of the b<jx. As this was about four times the
number of votes cast at tlic election of 1874. it is toler-
ably clear that some citizens must have deposited more
than their share J It was also claimed by the Demo-
crats tlial the Republicans did much repeating in
Charleston county; but the fibres alone do not bear
out the claim, for the total vote of the county lacked
more than 1,000 of equalling the census figures. How-
ever, as it was notorious that great numbers of blacks
were induced by the whites to absent themselves from
the pi^tls, it is quite conceivable that some who did go
cast extra ballots for those who remained away,^

But the Democrats certainly bore away the palm in
the matter of illegal votinff. Edg:eficld county, which
in 1874 had given a Republican majority of 498

X Vfft IndVE (a pATi of th? fovilnionj' r^flardliig Chid iiffrLn'?! K?*
ft 4M of H- It, UlB. Doc. N"<». 5L Pcirt I. Hih (Tjnc ^J S*^!i. The
DamoftfltB i?hilinr<d Ihnt iht R^piiNlcana ihcmiwK-j^B flcvd oa CliB
PDUIiic placeii. The EepiiliUi^rjA irlrd \\> i^kHe^Ih Ui* vile of Um
vol« by polndns out Uiikl Irh aHehbcrln^prcctnctnoftlw-lloa wma
Iwlf] mill U[ii( LliL- vi.t-TH froiii Itmt ppL-cLiict vol^ In lb# Rob-
bina Preoinci- T^f lio.ird i"»r *''An^'aFlB'■^« (hruw f»iit nil Ihi? v^i^h.
Nol iLlI Uk^ ctiemllng In Ui[» couoly waj done by ReputUca[iB» Urc
tti« whl(» ^-olc fX<vi'(1''i1 1h<- cvavua flfnirve tty 41G, vh^rt-aa Ui«
colored volo WHfl l'«* \tY 91\.

liltoniic, XXXIX. p. 1ST-

The Tlayes-Tilden

out of a vote of 6»298, wa^s this time made to
return a Democratic majority of 3,134 out of a
total of 9.374, wbich was 2,252 more votes than
the total number of adult males in the preceding year.^
In Laurens county likewfse there was much crooked
work done. In that county the Democratic majority
was 1,112. as against a Republican majority of 1.077
in 1874.^ In these two counties ballot-box stuffing,
i/itimidation, repealing, and similar practices were
everywhere rampant.

The ballots were counted much more fairly
tlian they were cast. With a liberality which did him
honor. Governor Chamberlain had appointed a Dem-
ocrat as a member of the board of managers in each
election precinct and had composed the board of county
canva^s^rs in like manner.^

The election was scarcely over before it was apparent
that the result would be very close. At once there
began a contest similar to those in Florida and Louis-
iana. Like those slates South Carolina had a board of
stale canvassers. This board was composed of the
secretary of state, the comptroller- general, the attorney-
general, auditor, treasurer, adjutant and inspector-gcn-

1 Fcr testlmunv rtcnnltns EclE«fl«la sh v- ill ot IndeK Ed 3.
atln. Doe. Ko, 48, 4UU Ctina- 2d Sphb, The DeOHXirfltB had
DlEltntd ihal ihe wnsus nsniw* Wfre too Jir^e-— JfrtwHi-, XXKIX.
p. 1S7-

llbld. pp. kn-Klli.

3 Allen, p. A29. In {^mplllnff the vote Ih« ocutity Diuiva.Qters
mfla4> tomi> cTinnFen m thi? pti'Qhci reiuniH. Th« nainta cf aome
of \\\^ t]nnd[ilaL?B had not bton corrpclly prlnli-d on aom** of Iba
ticktTS, !ind tn SHV^rat oii^a rondldJCi'ti runn:n£ for one onic« hod
by miEJlakt rtO'ivcd vr>\"ti for olh^r offlc-n. Somw of the bonrdv
credima ilie ainrtlfl«t''P "wlih voteB clearlv rnieniled for ttiem. —
^tfan(<r, XX^CtX, p. US.

Disputed Election of I87O 149

era], and ihe chairman of the cDminittcc on privileges
and elections of the House of Representatives.^ All
ihese gentlemen were Republicans, three were colored
men. and llirce were candidates for re-election. Under
the act creating it, the board had the pcwer to receive
and carvass the returns for all officers except ^jovemor
and lieutenanl-povernor, the returns for these two
being canvassed in joint session of tlie general assem-
bly. In performing their work the board had the
fnrther power, and it was "made their duty, to decide
all cases under prolest or contest" that might arise.'
At previous canvasses this section of the sratule bad
been interpreted as giving the board discretionary
powers. ^ At this canvass, however the Democrats re-
solved to make an effort to confine the hoard to merely
ministerial cltities> In this work they found an in^tru-
menl ready at hand in the state supreme court. That
hodv was composed of Chief Justice F. J. Moses.
father of the notorious ex-governor whose judicial am-
bitions had been thwarted by Chamberlain; of Asso-
ciate Justice Willard ; and of Associate Justice Wright,
who was a colored man. * All three had been chosen
by the Republicans, but the first two had opposed
Chamberlain and thry now displayed a willinifnes* lo
lent! themselves to actions almost if not quite as par-

I TFifl lavE menrmri^ nnd tlii* Andirar illd net %c\. — P AT cf
ApiHudU to H, R, MJ5- l>oc- So, 31, Part B, »*th CoQC.» aa

> Allen, r. 439-
Ik

15"

The Hayes-Tilden

liaan as many of those already descrihed in Louis-
iana, ^

Oil tbe 14th of Nr>vember, four days afler tfie board
began its proceedings, tlie Democrats applied to the
court for a writ of probibition to restrain the board
from exercising judicial functions, and for a writ of
ruaiidamus to compel it lo perform the merely minis-
terial functions of ascertaining from the returns which
candidates had the highest number of votes and of
then certifying the statements thereof to the secretary
of state. On the 17th the court complied as far as
to issue arr order, auxiliary to its final judgment,
directtng the board forthwith to proceed to canvass
the returns, and then make a report of the result to
the court. ^

Very much against their will the board on November
2i3t brought in such a report, but at the same time
submitted a vigorous protest against the claim that the
boarci was by law compelled lo render account of its
actions to the court. The board stated that many
allegations and evidences of fraud and other irregulari-
ties had been filed regarding the election in Edgefield,
Barnwell, Lanrens, and oiher counties. They further
reported that, taking the face of the returns but omit-
ting Robbirs Precinct, the result would he the election
of two Democratic congressmen, two Democratic state

1 Maawetl ta the Bouth AtSontio, pp. 3«8-)«0, pajv & tribute
to tn* couna "jumnai iniAEriT//'

2 Far ihv dorzumenta In Uie case see ApppniJIx Co H. B. Mis.
I>a«. No. 31. 44th C^onff. Id Scee.. pp. T^.Bl. JuaUoe "WriBhl dls-
■ancad Itom thai pari of Uie order wLilab legulrsd
oerUT/ ita ncUon t<j tha court

Bgulrsd ttie biu.rd_ lo I

Disputed Election of I876

officers, * erougli Democratic members of the general
assembly to give that party a majority of one on
joint ballot, three Republican state officers, tour Re-
publican congressmen, and all the Republican electors
by majorities averaging about 816.'

The Democrats now found themselves in an extrenie-
ly puzdmg* dilemma. The face of the returns gave
them control of the legislature, and consequently
the governorship and lieutenant -governorship, into
their hands; but, notwithstanding the frauds in Edge-
field, Barnwell, and Laurens, the vote for the electors
was favorable to Hayes, If the returns were allowed
to stand, then most of the state ticket Avonld be saved,
but Tilden would be lost; if, on the other band, the
court should decide to allow the board discretionary
power, then the stale oRicers. about which the Demo-
crats were by far the most anxious, would probably
be lost without there being much chance that a ma-
jority would be evolved f^jr Tilden.

After consulting among themselves and probably
with New York the Democratic managers asked the
court to grant two orders, one for each horn of the
dilemma. The first order was to force the board to
"certify to be correct the staternent of the whole num-
ber of votes for members of the genera! assembly
. , - . and determine and declare what persons have
been by the greatest number of votes elected to

1 Bui nof i1 eertflJn volei coat for John B Tolb*n wer»
COUnLnl fur JuFin R. Tutliert. and nrtaln vo|»3 cofl^ tor F- C,
Dunn wcr* c^itritHl tar T C Uunn.

3 For \\\ls report see appemlU lo Fl R. MlJ!. Doc. No, >1, 44th
COAff. !d St-is.. pp. 41-114,

The Hayes-THden

Auch offices .... make certificate of this determin-
ation, and deliver it to the secretarj' o* stale
. . , . and do the same in reference to members of
Congress." By this means the Democrats wouJd
secure beyond the chance of loss two members of
Congress, two minor slate officers, atid a majoritj- o£
the members of the legislature and the conseqtieni
dedaration by that body in favor of the claims of
ihe Democratic candidaJes for governor and lieu-
ten ant-go veraor. The request for the other order
recited that there were discrepancies between tlic
returns of the precinct managfcrs and the returns of
the boards of count>' canvassers and asked that the
state board be compelled to correct such discrepancies,
and after doinp so make a report to the court, and also
deliver to it "all official papers on which the same is in
any manner based, including the returns of the several
managers and the statements of the county canvass-
ers.'*^ This petition looked to the saving, \i possible,
of one or all of the electors.

The court entertained botli petitions, but delayed
action upon them. This delay probably had a hidden
motive, ^ The statute defining the powers and duties
of the board limited that body's sittings lo ten days;
If, therefore, the board did not fulfil its duties within
that time, it would no longer have any legal authority
in the matter; the court, E)eing in possession of the

I AptioiliUX TO H. R H. No- Bl. PhfI ^. l*ni Conff- Sd 5e««, pp.
]33-l^£- Ttilo rtr^ufHC wae flrst maile on [hfl SOtli ami WOB
fKffLUn brou^T ronvartl.

2 So chnfffed by Alkn, p. 431. Be« aJHO New Yciii
Nov. *ith ft HPij.

rcrti 7(m« of 1

Disputed Election of l8^6 153

jcordfi of election, could then have assumed the re-
sponsibility of declaring (he result. It goes without
saying that thai declaration would have been for Til-
den. ^

The plan was a shrewd one, but the first step, upon
which all the rest depended, was delayed a little too
long. The ten day limit expired shortly after noon of
the Z2d. At II o'clock of that day the court met, and
issued a writ of peremptory mandcmus granting the
first petition; then, after a short recess, ordered that
a "rule do issue" requiring the board of canvassers to
fibcw cause why another writ of mt^ndamus should not
issue requiring them to comply v^ith the seconj peti-
tion. -

But before the second order was issued and before

le wril granted had been served, the \>-*zt(\ of slate
canva-s^er^ had ceased to exist. That body met at 10
U.; "corrected certain errora" in the returns; threw
'out the cotmties of EdgeficH and Laurens (which cer-
tainly ought to have been thrown out) ; certified the
election of the Hayes electors, of all the Republican
candidates for stale offices except the candidates for
governor and lieutenant-governor, and of other can-
didates, both Republicans and Democrats, for whom
they found majorities. The board then adjourned
sine die. '

Z ApptntlLx 10 rtporl JUBI cUvd. pp. Jlt'llS: Times or Sov.
Md; Bml4 of Mnv. 2Bd.

Z 3f* app^ndLi JuHt clieA. pp. I1I'12Z. For ttie proieou and
frvidecce l>efor« th* board *e? Ibid. vf>- S7-G*- Por the minutei
or the board wv Ift^ii. pp, fi:-T5, The board did not return iny
ocM at citcled to tho IcsL'IaCuro rroiD CdffoAcld and Lauruhd,

The Haycs'Tilden

The rage of the Democrats when they discovered
ihai ihcy had been outwiltetl was very great indeed,'
Hampton ilcdarcd the action of the board "a high-
handed outrage;"* public excitement ran so high that
an armed conflict seemed not improbable; the court
endeavored to avenge itself by fining each member
of the board $1,500 for contempt and by committing
all of Ihcni to the Richland county jail until further
orders. ^ From thence they were, however, almost im-
mediately released on a v^Tit of habeas corpus issued by
Judge Bond of the United Slates circuit court. *

The Democrats now i^sortcd to a number of other
expedients to secure one or more electors for Tllden.
A proceeding in the nature of a quo warranto was insti-
tuted in the fiupretne court by the Democratic claim-
ants against the Republican electors, but the case was
uhimately dismissed.^ An attempt was made to bribe
one of the electors; but, like a previous attempt to
bribe the canvassing board, it failed, A scheme was
also formed to prevent the electors from voting by a
process which involved bribery, violence, and the lock-

\ HifUtlir-rr^ fiUtoritMl Bodtty Papen, JdJl, p, 64.

1 Annual CvclopaedUi, ia?5. p. 73i. Humpton brhavsd w[lh
BT^aK prui^nce. hoikTc\'«r. id rciiehoul thifi ^xclcln^ period, and
dlacoaruKVd iiU rrsurtfl Id vliitrcice. He JtTiJ llie oLiicr leWdcra
*fflw, nf crnirmi», Thftl violence vould briaff them Info confUct with
thr UflUed Slated.

I AppfpdiT 10 H. H. Mlc l>ac. No. SI, 44eb CObft !<( Sub„
pp. IZT'iaa,

iSfinthem Hiatoricat Bociftj/ PdiKr*, XIH, p. ftl: Heratd «t

NfflT. 2Sth,

fi Appenillx citeti abave, pp. ]9a<^?fl
44tti Ccii£. Jd Sean., p. fi.

H^. R.R-NO. 17B. Pari 1.

Disputed Election of l8y6

tfTc

irg up cf the electors tn separate cells until aitcr the
legal day for casting their ballots ; but it, loo, failed. ^

On the 6th of December, therefore, the Republican
electors mel unhindered, and cast their ballots for
Hayes and Wheeler- Returns of their rote, duly cer-
tified, were then forwarded both by mail and by mes-
ger to Washington,

On the same day the Democratic claimants also nict
and voted: but it is rather difficnh lo see on what
ground they based their rig-ht lo do so, for the Demo-
crats admitted among themselves that the national
contest bad gone against them. As early as the 14th
of November Mr, Smith Mead Weed, who had come
to the state in the interests of Tilden, had telegraphed
in cipher to New York: "Best I can figure, Tilden
will be 3,6oo behind Hampton, and see Utile hope;
shall keep up appearances/'^ At a later date, when
the committee nf the Hou!ie of Representatives came
to ibe slate, the Democratic members were unable to
make any coherent case fiir their candidate. Tn their
report they felt constrained to admit that, after "ascer-
taining the votes cast at all the precincts and correcting
the mistaken made by ihc managers in the returns." the
lowest Hayes elector had received over the hig-hest
Tilden elector "a majorit>' of 83I-"' To be sure, the
Democratic members added that "no opinion is ad*
vanced npon the truth and accuracy of these returns ;"

1 H. R. R, Np. ^\, Part 1. 41(ti CoQf. Ci5 Sess., ti, 450. For a
Full fltTfniinl of Ch'FU! mnMfTB vfw «Djf Oliflti. X\\\.

3 H. R. MIa. Dec. Nn. %\. PaH 4, 16tb CcdC- 3d SfrV^, p. 111.

3 H. R. Jf_ Mo. 1TB, P»rt I. *4lfi Cona, Sd SeM.. p. 3, ThlB lrA«
uctuBlvF of Rabblna Pivc^ncl.

1 56 The Disputed Ehclion 0/ 1876

pointed to the use of the army and to the intimidatioii
of Democratic negroes; and tnadc certain ether objec-
tions; but the case they presented w^ a perfunctory
one.

There is, in fact, not the slightest doubt regarding
the electoral result in South Carolina. ^ On the face
of the returns the Republicans had a substantial ma-
jority, ^ By exchiding Edgefield and Laurens, which
certainly oughi 10 have been excluded, the majority
would have beeii increased by more than 4,000. And,
finally, if the election had been free and fair, the ma-
jority would have been Increased by many diousands
more.

Nevertheless, the Democratic leaders and newspa-
pers throughout the country continued lo claim the
state; and it therefore became a bone of contention
in the forthcoming strugp;le at Washington.

1 As tJoi'pmnr C"h[iralw*Tl(ilr hn.fl rpmarlcHl: *The hletarliin
lierc \a no lonffrr compelled to «pe[l out hid verdict from a. wldf
fnayctlon of fncts; he j^^i^ nn[y arfepl Ihp BiMnprdDTiii, evpQ thfi
vauDtH, of mAJij- of the IffldlnE Agur^s In tbe canvou Btocs Ihr
canvflM wfifl clospil" — Atlantic, LXXXVTT. p ISD.

2 Rer^iolttB admlEa tta&t "the RepubllOAnfl cot Id their c1»ctonI
tl(ft*L"-'P- SSI.

CFIAPTER IX

THE INELIGIBLE EI.ECTOH IN OREGON

In Oregon, the remaining slate from which a
double set of returns A'as forwarded lo Washington,
the decticjn produced a siiuaiion different from those
described in Florida. Louisiana, and South Carolina.
Ki Oregon there wa5 no dispute about tlic result of the
election; for it was freely admitted by all that the
three Republican candidates for electors had received
majorities, the smallest ol which was 1.049 votes. ^
But shortly after the result was known a fact which
had attracted practically no attention during; the cam-
paign bef^n to assume vast importance not only to
the people of Oregon but also to those oi the whole
country. The fact in question was that John W-
Watts, one of the Republican electors, was a post-
master. To be sure, his office was one of the fourth
class in the little village of La Fayette in Yam Hitf
county, and the compensation he received was only
about S268 per year^^ nevertheless, the position was
unquestionably one of *'trust" and "profit." and by

18. R. Nq, 3;S. Uth Coii» !d Svsa.. pp. 1-S. Ttilv will b«
CltfA ■« "Report of thfl Commlltp**."'

I Ib44. rpr S'Jr Th& rpferen^e ka lo the commlttH'i raport.
but Uie rrporl Dccordd wlUi tEip criilence.

'5«

The Hayes-Tilden

holdir^ it he was thereby discfuali^cd by section i,

article 2, of the Federal Constitution from being ap-
pointed an elector.

The Democrats were somewhat slow in recogniz-
ing the possibilUics of the si(uatiofi which thus pre-
sented itself; but after telegrams from the East ?jad
announced that a contest had arisen over the eligibility
of a postmaster-elcctor in Vermont the stale leaders
at last awoke to the fact that perhaps here was an
opportunity to secure tJie one more vote which Tilden
m\m have 10 secure his election. They at once began
to bestir themselves tc see what could be done. ^

In one respect the situation -was favorable; in an-
other not so much so- The governor, L. K. Grover,
was a Democrat, and was partisan enough to lend
himself to aJmost any plan which gave hope of suc-
cessn The state law was not so promising. It no-
where said anything about the power oi the governor
to appoint an elector or the, rig-ht of a minority candi-
date to lake the place of a successful but ineligible op-
poneiW; on the contrary^ section 2 expressly provided
that "if there shall be any vacancy in the office of an
elector, occasioned by death, refusal to act, neglect to
attend, or oihem-isc, the electors present shall immedi-
ately proceed to fill, by viva voce and pluralitv of votes,
such vacancy in the electoral coUeg-e." The governor's
power in the premises, in accordance with the state
law, was confined to being present when the secretary
of state, who was the returning officer, fhould can-

gonion.

Disputed Election of l8y6 159

vass the votes, and to granting certificates of elec-
'tr<m to the persons "having the highest number of
votes."

These cerltfieaies were to be prepared by the secret
tary, "signed tw the governor and secretary, and by the
latter ddivcred to the college of electors at the hour
of their meeting/' '

Notwithstanding the pUin intent of the law, the
Democratic Icaiters in the state resolved lo daim that
the ineligibility of Watts served to give the electorship
for which he had been a contestant, to E, Ah Crorin,
who had received the highest number of votes among
the mmorjty candidates. This resolve was by no means
the utiaided concepiionof the Democrats of Oregon, but
in part at least was due to a deluge of telegrams from
W. T. PeltOHn Tilden's nephew and acting secretary of
the Democratic national committee, from Abram S.
Hewitt; chainnan of that coniniittee, and from other
prominent Eastern DemocrRts- The purport of many
of these telegrams can be gathered from the following ;

"Nbw Yokk, Nov. 15, — 6,

"Gci>emof L. f. Crover:

"Upon careful inveMigation, the legal opimoti is that
votes cast for a Federal office-holder are void, and
that the person receiving tlie next highest number of
\-otes ^ihouM receive the certificate of appointment.
The canvassing-ofBeers should act upon this, and the
ijovemor's certificate of appointment be given to the

I E- Mite. Doc. No. 44. 44th Conff. 2A Smb.. p. ai. "Hilii ntU

^i6o

The Hayes-Tildtn

tledor accordingly, and the 5ubi;equent certificatt
the votes of iVe electors be duly made specifying hovr
they voted. This will force Congress to go behind
the certificate, and open the way to get into merits of
all cases, which is not only just, but which will rdieve
the embarrassment of the situation.

"AuRAM S. Hewitt." 1

The Eastern leaders by no means confined them-
selves to louR distance messages of advice. They
deemed the matter of such importance thar they se-
cured one J. N. H- Patrick of Omaha, Nebraska ti>
make the long trip to Oregon and see to it that no
bungling was done by the supposedly inexperienced
Democrats of the western coast Mr. Patrick hastened
westward, taking with him a copy of The HoMsehoh
BnglUh Dictiottary,^ which was to be used in cer'
activities in which he c?:pccted to engage. Arrived i
Oregon, \fr. Patrick displayed much zeal if not disci
tion in forwarding the purpose for which he had
sent oat- After consultation with leadmg Democi
be proceeded, as one of his first acts, to retain in
sideration of the sum of $3,000 the services of tl
Republican law firm of Hill, Durham, and Thompion,
not, it appears, primarily for the ^akt of their Ii
assistance — there were enough Democratic tawy
to render all necessary aid in that connection —
"because one of the firm was the editor of the two

<7.

1 Commlttefl'fl Sepon. t^ Z5. For tttbrr ^impMChmt 9t* w- ^1

Disputed EterAwn of l8j6 l6l

influcmial newspapers in the state. ' Some time laler
Mr. Patrick dispatched the ioUowing telegram:

"To W. T. PeUon, No. 15, Cratnercy Park, Neiu York:

"By vizier association innocuous to neghgence cun-
ning minutely previously readmit dollish tc purchase
afar act with cunning afar sacristy unweighed afar
poinler tigress rutlle superannuated sjllabiis dilatori-
ness misapprehension contraband Kounlze bisculous
lop usher spinifcrous answefn

"J. N. H. Patrick/'*

When this dispatch was received, Mr, Pelton, or his
secretary. look each word of the telegram in lum and
found its position in another copy of The Household
BngUsh Dictionary, and then sought out the word in
the corresponding position in the eighth column
ahead. ^ The result obtained by thi» process was as
follows :

*'Certifcale will be issued to one Democrat, Must
purchase a Repuhlican elector to recogrrii^e and act
with Demtirrat and tecore the vote and prevent trnublcn
DepiJsit SiOh(XXJ to my credit wilh KounJ/e Ftroihers^
Wall street. ;\nswcf,"

r Ma., or

Hrii

)

T»««imonr.

p. ti

ttn* vm--*

ftt* I*ll1/^T erf

I&2

Tht Hayes-TiiJen

Money to the amount of more than $15,000 in alT

was furnished Mr. Patrick. ^ but his scheme to pur-
cliase a Republican elector was not consummated.'
How the other part of the plan was carried out will
jwesentJy appear.

On the ^i\\ of December the secretary of state can-
vassed the returns in (he presence of the governor and
found that the Republican candidates — Cartwnght,
Odell, and Watts — had received *'the highest number
of votes," But the governor then stated that a pro-
test had been filed against the issuance of a certificate
to Watts, and announced that on the following day he
would hear arguments anent the matter. At the ap-
pointed time he took a seat on the bench in the room
of the state supreme court. The three Republican
electors then presented a protest denying hts jurisdic-
tion in the case, and insisting that, in the absence of '
judicial proceedings, his onlj^ power in tlie premises
was to issue certificates to the persons receiving tiie
highest number of voles as declared by the secretary
of state. They took no further part in the hearingn
but the Democratic counsel presented arguments which
lasted far into the night, '

1 ToBtlmonr of Aaahol Buah of the Ann wUh wbom the moiuj-
wos d^Doa lied.— /bid. r- 'i^A.

t On Xha Cotlo^lns day Mr. PtLtan Hcnt a dUpatch stitllDff
thJit "ir you make obllf^tion conLlngont on rpoult la UA.rchp II
can bn dune, diilI rtncremiiblBl nimhtly K nece^isary/' He lea-
tlflod twforc th'- commlltfie that Ihla did not refer Xo tht pur-
cliBJp Df Qn elector; liut In view of later revHntn>na, tt nuy well
bo flotibti^^d whether be loia thf truth, — See /bid, 505 et arg.

2 Ths protMtfl and a auinniary of tho proceedlnss are fflven In
Hit Ri-roit oC Uii? Committee, pp. 7-9: 9t« ^laa TentlmaiiT. Em.
m, 130» 113,

Duputed Election of 1876 163

Althougph his mind was already made up, ' Governor
Crovcr withheld his decision until the following day,
which was tlie time appointed for the electors to cast
their ballots, Shortiy after noon of that day he deliv-
ered lo the secretary of state certificates containing
the name? of Odell and Cartwright, the two Republi-
can candidates whose eligibility was not questioned,
and of Crnnin, the Democratic claimant for Watts 's
electorship. The governor pretended to ac£ on the
theory that since Watta was ineligible the voles cast
for him were void ancl hence the majority of legal
votes were cast for his opponent. In order to escape
the law providing for the filUn^ of vacancies by the
other electors, he argued that because Watts was tn-
ehgible he was never an "incumbent" and hence there
could be no vacancy. This interpretation was plainly
at variance with the state law defining x-acandes^ but
as the election of a President was at stake the gov-
ernor did not hesitate at a matter of such small impor-
tance as the law.*

Then ensued a scene which wnuTd have been farcical
had it not been fraught with possibilities of grave dan-
ger to the peace of a great nation. The secretary of

1 &ee telesroina froni Oresoo Ed Pelton, TeiUinnny. pp. k\%.

fl Tb« Btaf'? Iimr pz-QTldcd that the gDi'i^mDr B^lHJld tssu? hlB
certlflctiiF (r iJit i»*r«irit "liiivinn tlie hiKhenE nutTfber of voien,'"
l>ul lu the ■tale [nv by TnlflUibe Raid "ivfn liiti" whll-^ the Pfld-
crat l»w auld "thriTp/' fif: tvatfrd Uip atJitfr law \>y Llalmliifl U>
AGl under th» Fedcml liw. which was ranrp e<ciii?rnr Sop hia
UfltJinoD? \a Ibid. pp. ins, i:n. l*il. 235. onJ BBptclnllj- Uls wrlt-
1*n 4ef«ne#, puhUnh'^d fn pamphlf-t totm. imd Incarporut^ Into
blB iHttmon)', pr^ l]3'12&. For the vlvw of ilw commUie* net
thrir Ropon, pp. 5S-il. Th* tavr of the c3m will bo corald-
cf«<t ID «rEa;er deiail Ir Chapi^r XI,

I^f

The Hayes-Tiiden

stat& signed the certificate* given htm by the governor,
ant! took them to the room set apart for the electors-
There he found Odell, Cartwright, and Watts (who
had now resigned his postmastership) . and also Cronin
and the other twD defeated Demncratit: candidates. To
Cronin he handed the envelope containing the three
certificates, and then retired. When Oddl and Cart-
wright asked for their certificates, Cronin refused to
deliver them, but cordescended to read part or aJI,
of one of the certificates aloud. Odcll and Cartwright
nevertheless proceeded to organize the college; Cart-
wright was elected president, and he then chose Odell
as secretary. Cronin now again refu.^ed Co hand over
the certificates, and also refused to obey a resolution
to that effect passed by Cartwrip-ht and OdelK At
thi^ point Watts, who hftherto had taken no part, pre-
sented his resignation, slating that the objections made
to hf* eli^bllily were his reason for doing so. His
resignation was accepted, A'herenpon Cronin ex-
claimed :

"I understand that by receiving Dr. Watts's resipTia-
tion you refuse to act with me. and 1 shall proceed
to fill these vacancies. I declare there are two vacan-
cies, and I shall proceed to fill them/*^

He then instructed Mr. Kllppel, one of the defeated
Democratic candidates, who now took charge of the
door, to ''call in Mr. J, N. T. Miller/' Miller was
waiting outside the door in readiness for such an
cmer.^cncy, and at once came in. Cronin thereupon

1 TratlniDn^r. p. If-

Disputed Election of t8j6 165

appointed him to fill one of the "vacancies," after
which the two chose a Mr. Parker to fill the other
After Parker had been called in the three proceeded
to cast their ballots for President and Vice-President
Considering that all three were Democrats, they
showed great forbearance in this matter, for rhey cast
two voles for Hayes and Wheeler and only one for
TiJdcii and Hendricks,

la the meantime Odd] and Cariwright were not
idle. They chose Watts lo till the vacancy caused by
h\& own resignation, or disqualification, and then cast
three ballots for Rutherford B, Hayes for President
and three ballots for Wiliiam A. Wheeler tor Vice-
President. ^

Returns from bolh "colleges" were later forwarded,
both by mail and by special messenger, to the presi-
dent of the Senate. The Democratic returns, which
were certified bv Governor Crover, were conveyed to
Washington by Cronin, who, however, ftrsi forced the
Democratic managers to pay him $3,000 for doing so,*
TTie Republican returns, which were not certified by
the governor but which were accompanied by ccrtlfi-
caies of the results of the canvass furnished by the
HTcreiary of state, * were carried by Mr. Odell.

nS>~icucPiinl of thlo wholt tranMcUon 1b thwrf cbE«11r upoa
ihp f«4tlmonr nf fh^ vcrplory or nCAte. Ibid^ rp. 14 and flfi. 01
Odell, pp. as. 37, OTh 39-; of Cnrtwrlghl, pp. U. 151; of Wstla,
&9 145, ?0J, 3flH. 391: at Cronln. p, 7S^ of Kllppfll. pa HI,
IIS ; or MUJer. p, 1T&; of I>airwvU, pp. 3&3, 3fiE. and of pern? otbor
wlliiHB'^B Upon rrifW. of [h» pssrhtlal InctA Ibe nl[npflBPB wpm
tn mbBtanli^l ac^onr

? T"«^lmfiny of Cronln hrme^lT — /Biri. pp. >j « M^.

3 TEirr Cf-rUncntcf w^r-? oblalned from th* Hcret&TT tiy a Mr,
DoJr*'^ *^^^ were oarrt^d br him \a 111? RepubllcanB In the elM-
[oral rpoin. — Ibid. pp. I&, &?,

1 66

Tht* Hayes-Tiiden

The Republicans, both of the stale and ihe nation.
denDiiticeJ ihe Democralic procedure as an "outrage"
and an attempted "^stcal /' in Oregon itscU the Indigna-
tion ran so high that Governor Grovcr was burned in
cffig:>\ The Democrats, on the other hand, usually
characterised tlie matter as a "good joke," or a "shrewd
trick." 1 Not many of their leaders expected the Cn>-
nin return to stand, but they did believe it would
secure a revision of other electoral returns by forc-
ing the Republicans to set a precedent of going be-
hind the certificate of the governor. They were now
contideni tliat whatever course tlie Republicans should
take, Tilden was sure of the necessary number of
electoral votes.

But their rejoicing was premature. As was almost
immediately pointed out. they failed to discern a rad-
ical disiinclion between the Oregon question and the
questions raised in the Southern states- In the latter
the issue arose regarding the manner in which the
board of state canvassers discharged their duties. To
go behind their returns would require a recount of
the popular vote in those states, a revision of the appli-
cation of state registry laws, and a decision as to the
facts and effects of intimidation and fraud. Such
aclion wouH lead lo a sirbstitution of national for state
auihnrity. in violation of the Federal Constitution,
which says that each state shall appoint its electors
"in such manner as the legjlslature thereof mav direct/'

iDtiily Orrgtmiaykt Dm- ^^', Nrw Torts Tfm««. Dec Ttb ta

Disputed Election of 1876 if>7

Tlic Oregon question, oa the contrary, was unc which

would not lead to any such investigation. Tlic dispute
there began sX a point subsequent to where the South-
ern questions ended. It would not lead to any inquiry
or judgment as to how or why the people voted or
neglected to vole. It would not touch the action of
any stale canvasser in canvassing the votes. It would
simplv relate to the unauthorized interference of the
governor gf Oregon and his tnan Cronin witli ihe
aciicn of the college of eleclors at a lime when they
were assembled Lo discharge tlieir duty under the
United Stales law and Constitution, as the law of
Oregon expressly declared thcv 5hould do, and could
hardly, if at alln go beyond facts appearing upon the
face of the returns made by the duly elected electors, *
In this clear and undeniable distinction between the
domains of state powers and Federal powers lay mo-
mentous possibilities. Out of the failure* either
through menial obluseness or willful obstinacy, on the
part of many persons to perceive this nice distinction
there later originated much unjustifiable criticism of
the const ilutional stand taken by eight men who were
to decide one of the most mornentous controversies
which judges have ever been called upon to decide.

1 3e« ajL arllcls by Dorriiaii B. Entun in Ui? N«w Torti
Tinrv^w tot riFK". 14((i In the llgM of subKJjaeTH ovenn tWs

CHAPTER X

COMPKOMISE OR CJVTL WAH?

Few of the generation which has gi^own up since
then will ever have any but the faintest conception of
the gravity of the situation existing during the winter
of 1876-77. In the end the question at issue was set-
tled peaceably without leaving many traces Uiat could
easily be remarked by future observers. But at the
time probably more people dreaded an armed conflict
than had anticipated a like outcome to the secession
movement of iS6o-6i,^

In fact, it was difficult to see how the dispute could
be settled in any oTher manner. Both parties seemed
equally determined; both professed to be thoroughly
confident 01 the justice of their cause. There was in-
tense bitterness of feeling on botli sides, but especially
on the part of the Democrats. They had thought
themselves about to enter the Promised Land< when,
lo, a possibility had arisen that they might be excluded
from it. They at once began to cry out that a con-
spiracy was on foot to cheat Tildcn out of the Presi-
dency; hot-heads were loud in asserting their dcter-

1 BJ-notor ttcpr, A\itQbln^mrhy, r, p. 3B9, Bsys Ihat Ln hit
oplnlDii Uji'fr K(j^]l<l havi.' Lteii a TeH^rt [□ Anna botl It not bocu
"tat Ihft hitter PKperlept* of a. few yea.rt before."

The Disputed Election of l8jt) l6g

mination to resist to the uttermost the consummation
of tlie ''plot" Threats of force were freely indulged
in. The phrase, ''Tildcn or blood " was heard in some
quarters. ^ "Tilden has been elected/' said the Evans-
viUe, Indiana, Ccuritt; "and by the Eternal he shall be
inaupit rated," The New York World declared that m
case Republrcan returning boards should count in
Hay£s, "many times

"Forty thousand American men
Will know the reason why."'

The New York Bxffess, which was said to be the
property of John Kelly and other prominent Demo-
crats, talked about '*tea duties" and "the use of the
sword*' and indulged in a torrenc of incendiary insin-
uations and assertions.* Similar expressions ap-
peared in hundreds of other Democratic newspapers
m all parts of the country.

But happily sonie of the persons who had supported
Tilden were less violent. Speaking for this class,
the New York Herald gave the radical element In the
party some excellent advice- *'htt us/' it said on

November loth, "be as calm as we can

There must be no violence This is not

Mexico As the Democratic party is that

which feels itself likely to be agg'^^^^^ ^" ^^^^ ^^t"
ter, we beg them to remember that the danger which

iguctefl In ttie Nmt TotIc Ttmtt. Dec. IHK

1 Nov- 1«lh-

t CLttfd In the Hf^Jd of NOV- ]«tb.

T70

The HaytS'Tildfn

now stares the country in the face is but one of the
results of the rebellion wbtch they encouraged, and in
w^ich the largest part of them engaged in l86l. That
rebellion was causeless and unreasonable to the last
degree; to their folly and wickedness in beginning and
encouraging tt arc due the multitude of evils which
have rested upon the coimtTv since, and of wliich this
present emergency is another. The country has not
forgotten their agency in these matters. It is not un-
willing once more to trust them with political power;
the present vote shows tliis. But it will not tolerate
for an instant anything which looks to a disorderly
or \"iolcnt attempt to grasp power, or even anydiing
which could be construed into a threat to do so. The
American people will make extremely short work of
any party, be il the Democratic or the Republican,
which attempts or threatens civil disorder hereafter on
any plea nr pretext whatever." Other Democratic
journals gave similar counsel. The New York Sun,
for example, said on November 2ist that it would be
better to "submit to wrong for the time, however
gross, than to appeal to any but IcgaJ, constitutional,
and peaceful remedies."

The Repuhlicans, while equally determined, were in
general much more conser\ative in their utterances
than were the Democrats, i They made no threats
of "Hayes or war." They merely a^^erted that in
case he should be found to have a majontv of the
electoral vote, he would he inaugurated. They sneered

I PJflW^Tort( 7"fMB4, Doc. <Th,

Disputed Election of l8j6 171

at the Democratic "Waporings/* ard in reply remarked
sfgniiicatitly that General U. S- Grant, not Buchanan,
wa!i m charge of affairs at Washangton. ^

The contest absorbed the attention of the country
to the practical exclusion of every other subject. Each
day the newspapers were filled with conjectures, ni-
mors» and lung editorials. Few attempts were made
to present the truth on both sides of the question.
The Democratic press represented that during the cam-
paign peace and good-will towards all had feigned in
the South, with the exception that many good DemO'
cratic negroes had been wickedly intimidated by col-
ored Republicans and United States troops, - The
returning boards thev characterized as the special de-
vice of The devil. The Republican press, on the other
hand, spoke of Wells, Anderson, and the rest as gen-
tlemen of the highest characier, only a '^little !ower
than the angels," and gave harrowing accounts of
political murders and proscriptions committed without
doubt at the direct instigation of Tilden and other
leaders. For having sent troops to preserve the peace
in the disputed slates, the President wa5 lauded by Rc-
publicans^ and was threatened with impeachment by
Democrats,* There was much talk about ineligible
electors in Vermont. N'ew Jersey, Missouri, Oregon

I fforpprr'j Wfrtfj;. XX, p. 9fl5-

3 They mlprepreHMittd In Ui* nvwt ab*ifrd wwf the Plnluloq
Utiry— New York WyrW of Nov, Zi\Xi. anih, Bnd Dec. lax.

3 Th« New YoHg H«rnM, >iawpvi>r, approvpd ch» t^ndltiff of tha
troopB.— a«i Imue of Nov. i::th, TIjv lm[^ftchm*jit talk was moat
rimTH>uncr4 afT'r th» trnopK \i^i\ bo?ii u?«iJ ta aupport ihe Cham-
bpflaln IWEinluIiir*. — Se? Ntw TorK WorM of jjce. Iw and Iil;
T** ,Va;i(^, XXTHh pp. SJ7 J3S,

172

The Hayes-Tilden

and eJsewhere. Tiiere was the widest possible differ-
ence of opinion regarding- who possessed the power
to count and declare the electoral vote. Republicans
asserted that cfiis power belonged to the Republican
president of the Senate; Democrats were equally con-
fident that the right resided in the ultimate analysis in
the Democratic House. The newspapers were filled
with long and learned discussions of the points of
law involved in the various questions at issue; cases
were cited in the riost elaborate and conclusive
manner. The Democrats made much of the fact that
they had received a majority o£ "200.000" of the pop-
ular vote;^ the Republicans retorted that Presidents
are not elected by popular vote, that there had be^n
several minority Presidents, and that, anyhow, with a
free election in Mississippi, Alabama^ Georgia, and
elsewhere in the South, the majority would have been
reversed.- All sorts of stories were afloat. Because
the President ordered some companies of troops Co
Washing:ton, it was allejjed he intended to seat Hayes
by force, or else to declare himself dictator.^ Hayes
was reported to be arranging a trade with the South-
em Democrats. * It was said that the Democrats
were attempting to bribe returning boards, that they
were allempling to bribe electors^ ^ that at the last

1 a?p almcwl uny Jsaup dC thi* World or Bun. TTie HvraU
dpprecaEi>d thiv Bort of ta.lk clh Uk«l7 fa Ellr up violation. Tbe
populur vote. It polntrtl om. wms oIicbpCIiit ''Irreleva-nt/"

2 Thla was no doqM true. For a oonvincing- d^monHtratlOn
wc New Tork T^'ncj of Dec IOUl

3 Shk, D*c. IBth.

4 Tiwes. Dec. 3d, *tb. Gth.

5 n\d. Dee 7tb,

Disputed Election of iSjd 173

moment they would send oul a false telegram purport-
ing" to be from Zach. Chandler informing the RepuV
lican electors that Hayes had withdrawn, and mstruc-
tiiig them to vote for Blaine. ^ When The Nation,
which was cxtremd3' anxious for a peaceful solution
of the difficulty-* suggested that some Republican elec-
tor give a casting vote for Tilden, the story immedi-
ately started that James Russell Lowell, who was one
of the Massachusetts electors, intended to adopt this
advice; Mr. Lowell had some difficulty in convinc-
ing anxious Republicans that he bad no intention of
doing so. ^

On Monday, December 4Jh, two days before the
electoral colleges voted, Congress assembled. As the
Mjlution of the great problem lay with that body^ its
composition was a matter of the highest importance.
The Senate was decidedly Republican; the House de-
cidedly Democratic- The presiding officer of the Sen-
ate was Thomas W. Ferry of Michigan; the speaker
of the House, now chosen to succeed Mr- Kerr, who
had died during the recess, was Samuel J. Randall of
Pennsylvania.

Neither body had been long in session before the
all-absorbing q\!est ion was taken np On the very first
day the House passed without debate a resolution pro-
viding for three committees, one of fifteen members,
one of six members, and one of nine members, to
proceed to Louisiana^ Florida, and South Carolina re-

1 Timtt, Dvc. Sth,

3 ibU. TA*f S-ation. XXSlt pp. SM-iaS. !l4-3aB.

'74

The Hayes-THden

spectJvely, and investigate the "recent elections therein
and the action of the returning or can\-assing boards
in the said states in reference thereto.'^ Next day
the Senate likewise passed a resolution directing the
Commiltce on Privileges and Elections to examine
into the elections in the slates of Sonth Carolina,
Georgia, Florida. Alabama, Louisiana, and Missis-
sippi, in order to ascertain whether in those statra
the right of citizens to vote had "been denied or greatly
abridged;" and also directing the committee to "in-
quire into the eligibility to office under the Consti-
tution of the United States" of any electors who were
alleged to have been ineligible, and as to whether
the appointment of anv electors had been made by
force, fraud, or other illegal mean?.- On the 2ad
the *iame enmmittee was giver iirstructions to investi-
gate the siluatian in Oregon. ^

The various committees soon entered upon their
labors. With the exception of the Senate subcom-
mittees on Oregon. Alabama, and Mississippi, which
snmmoncd witnesses to Washington, all the commit-
tees and subconimitlees proceeded to the states in dis-
pute. * There they examined witnesses of all kinds,

I Itetord, pp. 11-lR,

2rbid^ pp. is-Sl, t?-40. It win b« notlcHl that the toaoIu-
tlOD of thp .'ttniLte vas ttkiicJly L^iiBlBtt!n( w\ll\ Ujt Bland later
tak^n by thf* EI*i?I<mtiI CommluJon.

3 /ftW. pp. 91 HTid 365^367

Iht HaiiB^ In cduhUtib thtr tl''*'t(jrfll -volea Inok lutlmony at
WniiWiigifin- S*e H. R MIb. Doc. Jio. 42. 44in Cnnff. 2<\ B^fls.
BiccliiBilvi^ t-r (hp d'-ljflUJt In CouffT'-flH nnd of ^vrrn} Lhf»u?>apda
of pHffi*« of iHitlmony Teear<1lne cnnlt^TPd Udtq In rb« Hoil»«. the
povemrnenl ultimnloly published more thnn 2i>,0*0 piLsea of
mat^rknl hrnrlnj Tjpnn the <»li^(lon.

Disputed Election of l8y6

corditions, and colors, and after several weeks of work
accumulated about 13,000 pages of testimony^ which
are of great value [o the historian, but which exer-
cisefj little or no influence upon the outcome of the
controversy. Each committee and subcommittee, with
the exception of the Senate subcommittees on Oregon,
Mississippi and Alabama, brought in two reports.
The majority members of the House committees rc-
ported that the electoral votes of Louisiana, Florida,
and South Carolina bebn^ed of ri^t to Tilden and
Hendricks; the minority' members, from the sajne
tefttmony, reported exactly opposite conclusions. The
same state of affairs obtained with the Senate com-
mitiees, except that with them the majority reports
were favorable to Hayes, the minority reports to Til-
den,

Congress by no means allowed the matter to rest
with the mere appointment of investigating commit-
tees. The election, in all its varying aspects of in-
ijmidalion. murder, rctumTne^ boards* ineligible elec-
tors, and governors' certificates, wa^ discussed day
after day with j^reat warmth in both houses, without
either part>' being budged one iota from its claim that
its own candidates had been elected.

Urged on by the New York World and other news-
papers, some of the Democraiic leaders attempted to
carn»' through a plan to impeach President Grant for
his alleged unconstitutional use of the army and for
other offenses, A caucus to consider the advisability
of beginning such proceedings ard also to determine

176

The Hayes-Tilden

tl7c general line of party procedure met on the 6th of
December and again on the 7th, ^ At the first meet-
ing !Mr. Fernando Wood, then a representative in
Congress but now chiefly remembered as the ma>'or
of New York who in 1861 proposed that the melropolii
should secede and set up as a city state, moved that
impeachment proceedings should at once be instituted.
Other leaders also spoke in favor of such action; but
the majority of those present opposed it^ and argued
that it wouM serve to raise a distracting Issue, and
might lead to violence. The opposition on the part
of the Southern members to anything which might lead
to a civil "war was particuTarly decided. In reply to a
good deal of incendiary talk which certain Korthern
members indulged in, some of the Southern leaders
were refreshingly sensible and frank. They declared
that the South had had its fill of war. If. said John
Young Brown of Kentucky, there should be a war, it
would be the work of the Northern Democrats; while
Benjamin Hill of Georgia referred cuttingly to a sec-
lion of Ihc party who were "invincible in peace and
invisible in war." He was also reported to have said
that Mr. Wood and others of those counselling armed
resistance had *'no conception of the conservative influ-
ence of a 15-indi shell with the fuse in process of
combustion." -

As time passed it became more than ever apparent

] For aiKounta Bse World, Deo, 7tti. 8Ui. BU; The ^aflai.
XXni. pp. ZZl-Ztl \ Ear^er'B Weeltly. XX. p, ft: rime*. Dm, 7lh

Ithid. Di?c, I4tb; FI. R. Mlfl. Doc. Xo. 31, (6lh Coag- ad
. I. p. SSfi,

Disputed Election of J8f6

that lh€ crux of the whole contest lay in the question
of the power to count and declare the electoral vote.
Unfortunately the constitutional provision on the sub-
ject was so indefinite as to leave room for decidedly
different interpretations. The Constitution provides,
il will be remcmbcTcd, that the certificates of the votes
of the electoral colleges shall be transmitted scaled to
the seat of the government^ "^directed to the president
of the Senate." and that '*the president of the Senate
shall, in the presence of the Senate and House of Rep-
resentatives, open all the certificates, and the votts
shall then he counted." Upon the interpretation of
the last clause seemedl to hinge the question of who
was to be the President of the United States, [f, as
some of the Republicans contended, the clause meant
"counted by the pre^dent of the Senate," ' then there
waa little doubt that Mr, Ferry, who was a
parlisann would decide that the returns sent in by the
Republican claimants constituted the true vote and
would declare a majority of one for Rayca. IF,
as the Democrats asserted, the countinjj was to be done
under the direction of the two houses, then a dead-
lock seemed hkely to ensue. Such a deadlock, they
contended, would throw the election into the Demo-
cratic House.*
Xor did the precedents seem to furnish any -way

] AtlOntif, 1J\XU. tt- ^2Z.

Z Onp Di-rrocrAtiG rh'-tirv wfui Thar upon ifisrtifrd nupstlcma
lfa« two hoUB^B pIiduIi] voTp loai^'.lior Thip vould have meant
tiia' the H^pubtlcan maJoiiLjr In Ibe Senate would be o yerca nia

thii Democmlc majority In Ihq Bouie^— Atlanta, LXXITp p.

The Hayes-Til J en

out of the fJifticulties o£ Ltie situalion-^ They did,
however, throw light on sume of the disputed points.
Down to 1865, excluding a temporary expedieni used
in 1789,^ the process of counting had been practically
the same. Prior Ic the day appointed the two bouse*
had aWays passed concurrent resolutions regulating
tlie procedure. Deforc meeting in the joinl session,
which sometimes was held in die Senate chamber but
oitener in the hall of the House, the ScnaLc had invar-
iably chosen one teller, and the House two. The
duties of these tellers had been to make a list of the
voles and deliver the result to the president of the
Senate. That officer had on every occasion opened
the certificates, hut in no instance had he attempted,
basing liis daini on the ambiguous clause, *'and the
votes shall then be counted." to exercise the pjwcr of
counting votes or rejecting votes. Clearly, therefore,
the precedents were against the theory that the pres-
ident of the Senate could arrc^ate to himself the now
much coveted power of counting,

Uut were there any precedents to guide Congress
through the other difficulties which would inevitably
arise e\^en thoug-h the Republican contention on this
particular point should be abandoned? The answer
is; None that were conclusive. At the first elec-

1 For all Ihe prDctedlnKH and ijelnt^a uf CunKn-Bfl rpJaUoff
lo CDiinUnp tb*- pl*<'tnrcl volt? dow-ii to lfl76 see H- H- l£la. Eloc-
No. 13, 14lh C011E. :d ScH.

B JultQ I^iisilDn woB LrhoHD proflldrnt of tbe Sennifi 'Tor Hie
BaL» innT>3!"' at rw?f Ivlng. nr^nln^, anfl coimllnff the vot#B *' Tlila
waa dnne In ncccrdnnc" with n rtholuOon of tde Convention of
1787, lalar ratlAed by the ConffrHM of Ihe Confeaaratlou. — Ibid,
pp. 3-8.

D'tspnied Election of lS/6 179

lion of Monroe objection was maiie to counting
t3ie votes of Indiana on the ground thai Indiana
was not a state of the Union at iht time her electors
were chosen. Rut as senators and representatives
from the Mate liati been admEtted to Congress, her
votes were received and counted.^ Four years later
a similar question arose regarding tlic voles of Mis-
souri; as the result of the election did not hinge upon
that state, the issue was evaded by counting the votes
in the alternative, — that is^ 231 for Monroe with the
votes of Missouri, and 228 without those votes. *
In 1S37 the same objection was made to the vole of
Michigfan. and again the issue was evaded by counting
in the alternative. ^ Twenty years later, at the time
of Buchanan's election, objection was made to the
vote of Wisconsin on the ground that the electors had
voted on the day after that prescribed by law. Her
vote was> however, declared by the Vice-President as
it was reported to him in the certificates; not because
he claimed the right to pass upon the validity of the
election, for he later expressly disclaimed any such
authority, but merelv because the two houses failed
to decide the matter, *

The count of 1865 took place under exceptional cir-
cumstances. A week previously Congress passed a
joint resolution excluding the eleven aeceded state*

E IL R UjA. Doc. Ho. It. 44tti Cong. 2A Sua., w. 11-47.

S Ibid. ru. 70'7fl.
4/Mtf. xip. K-141.

iSo

The Hayfs-THden

from participation in the choice of the President, ' and
by another joint resolution prescribed a mode of pro-
cedure to be used in countirg the votes from the other
states. 2 This second resolution was Che famous
Twenty- Second Joint Rule, which provided that in
case objection should be made to the vote of any state,
the two ho^_^es should separate, and, without debate,
decide upon the question of receiving such vote, and no
vote was to be counted except by consent of both
houses. Of the states excluded by tlic law none ex-
cept Louisiana and Tennessee had chosen electors;
the Vice-President, in obedience to the law, refrained
from presenting their returns to the convention; and^
as no objection had been made to any other return,
no resort to the most vital part of the rule was neces-
sary. *

Four years later, at the fir^t election of Grant, ob-
jection was made to the vote of Louisiana on the
ground that no valid election had been held jn that
state, but the tivo houses concurred in counting' her
vote- * The vote of Georgia was also objected to be-
cause the electors had not been chosen on the day re-
quired by law, because at the date of the election the
state bad not been readmitted to representation in
Congress, because she had not complied with the
Reconstruction Act, and because the election had not

I H. R. MIfl. Dm. No. 13, 44lli Conff. 7ri Sew.. PP T49-33I.
Pr-6lden[ Lincoln alsn^ii lli'fl re«>lutlon. nUhmish lio f^Tp^vucd
ihe opinion rli.-if It wji? unTL^ceasnTy for him la do M- — 'bid, (»P-

2 /hid, pp. T47-H9, 212-22^.

I ibid, pp, -i;&'2ao,
4ir)id. pp, 23a-S44.

Disputed ElectioTi of iS'jb

lai

been "a free, just, equali and fair election," The two

houses, under a special joint rule alread)' provided
for ihe <:a.WH counted the vote m the alternative. ^

Four years later the situation in the states of Louis-
iana and Arkansas was such that Senator Sherman
moved an investigation to ascertain whether the choice
of electors in those states had been conducted "in ar-
cordance with the Constitution and laws of the United
States, and what contests, if any, have arisen as to who
were decied eleclors in either of said states, and
what measures arc necessary to provide for the
determination of such contests, and to guard
ag-ainst and determine like contests in the future
election of electors."* In the discussion which
followed a number of opinions were advanced
which are of interest in connection with the con-
troversy of 1S76, Thtirman of Ohio said he would
vote for the resolution, but expressed a belief that
it seemed "to imply that there is a broader jurisdic-
tion in Congress ever the election than 1 have been
accustomed to suppose is vested in Congress/' He
thought that the only power over electors bestowed
upon Congress was the power t6 "determine the time of
choosing electors and the day on which they shall give
their voles," and held that to the states belonged the
right to determine the validity of the claims of diflfer-
eni persons to the position of electijTS, "We may,"
he however admitted. *'be compelled possibly from

I ft R, MlB. r>oc, No- la. 44Ui Con*. Id Sens,, pp, 24*-2flfl.
I fbld, p. S3 6

The Hayei-Titden

necessity to determine which of the two sets of elec-
tors has the official evidence that entitles their certifi-
cates to be received, and votes given by tliem to be
counted,"^ Other Democrats, as well as many Re-
publicans, expressed similar views upon the power of
Congress to go behind the returns. Trumbull of Illi-
nois said : 'T think where ihere arc two bodies daim-
ing to be electors of a State \ve must necessarily have
the right to inquire which is the electoral college of the
atatc: but 1 question whether we could go so far ai
to go behind the election."^ Other speakers, includ-
ing Senator Conkliug, * interpreted the powers of Con-
gress somewhat more broadly.

The resolution was adopted, and a month later the
committee, through Senator Morton, reported upon
the situation in Louisiana but not upon that in Arkan-
sas. The report in part was as follows; "The com-
mittee are of the opinion that neither the Senate of
the Utiited States nor both houses jointly have the
power under the Constitution to canvass the returns
of an election ana count the votes tr> determine who
Viave been elected Presidential electors, but that the
Tnt)de and manner of choosing electors are left ex-
clusively to the slates. And if by the law of the
state they are to be elected by the people, the method
of counting the vote and ascertaining the result can
only be regulated by the law of the states. Whether
it is competent for the two houses, under the Twenty*

1 H. R MlA. Doe. NO. \3. «4U1 COOff. ES SedS.. pp. SSfi-llT.

S/bfd. C>P S43-1I6.

Disputed EUcihn of l8j6

iSj

Secord Joint Rule (In regard to the conslitutionality
of whicli llie cnrmnittee here give no opinion), to ga
behind the certificate of Ihe governor of ihc state to
Inquire whether the votes have ever been counted by
the legal returning board created by the law ot the
£tate, or whether, in makinpf such count, the board
had before them the official returns, the committee offer
on suggestions."'

In the end the votes of neither Arkansas nor of
Louisiana were counted. Three votes from Georgia
were also thrown out because they had been cast for
Horace Greeley after that gentleman was dead. Ob-
jections were made to the votes of yet other states.
but none of tliese objections were sustained by either
House. ^

Prior to i8;6 two unsuccessful attempts lo regulate
the coumiug oJ the electoral votes had been riade.
In iSoo a bill wa? introduced into the Senate providing
for a firand Council, composed of ;ix senators, six
representatives, and the chief justice, or in his ab-
sence the senior associate justice, which should ''^ave
fwwer to examine and finally decide all disputes" rela"
tlve lo the count. In so doing the tribunal was lo
have power lo take testimony upon questions oE the
eligibility of electors, the truth of their returns, and
such matters, but \vas expressly denied the power to
go behind the action of canvassing officers. This bill,
which in some of its main features was not unlike

SuMd
-bCfc

1 H, R 141b. Doo. No. It. «1tb Conr Sd Sou, PP- SES'Sfil,
V tbid. 3ST-4a6.

1 8+

The Haycs-Titden

the net crcatlrg the Electoral Commissionf was passed
in amendei:! form by the Senate,* but was defeated in
the House. ^

The other unfiuccesstul attempt to reg'uEate the count
occurred after the count of 1873, already described.
A]tbougli the general public had taiccn little interest in
the conipli cat ions of that count, tor the simple reason
that whatever the decision upon the disputed points
nught be the general result would not be changed,
some of the members of Congress had been awakened
to the possibility that the system then in force might
in case of a close eleclion lead to a national disaster-
Foremost among tliese persons was Senator Morton of
Indiana, who. with wonderful prescience of the dan-
gers soon to arise, began, even before tbe count of
1873 was made, to urge upon Congress tlie advisa-
bility of changing the method of electing the President,
or at least of reflating more effectually tlie process of
the count.' The Twenty-Second Joint Rule he de-
nounced as '*tlie most dangerous contrivance to the
peace of the narjoij that has even been Invented by
Congress — a torpedo planted in the straits with which
the state may at some time come into fatal collision." '
His first effort was directed to securing a constitu-
tional amendment providing for tlie choice of all hut
two of the electors apportioned to a state by con*

1 One of the-se umendtn^nla siili^llLiiCed a stnalor choaaa bj
ifie ffoLiav rrom amoriE ttirt^ nominatfsi by iha ^hdaI^ for tliB
ChJcf JysUae.

2 H. R. Mis. Doa >7a. 13. Uih C0D8- 3d Sou., pp. M-19.

3 Ibia, pp. 3tS-3fi&,

4 Ibid, iv 417.

Disputed Election of jSjb

"8S

grcssional districts; the two others to be chosen by
the state at large, ^ When, early in 1875, it became
apparent that Ihis plan would fail, he attempted to
carry through a bill to govern the count. The bill
provided that the vote of no state from which there
was bui one rernrn should be rejecied except by con-
current vole of tiolh houses; but that in case of two
or more relurns only that one should be counted
which each house, acting separately, should decide
to be the true one. In the end the bill also failed,
partly because of opposition to its provisions, but
largely owmg to the fact that the Democrats, to
their later repret. were urwilling to have it pass until
the House chosen in 1 874 should be installed, - When
this had occurred, the matter was again taken up,
but nothing was accomplished.^

In the debates upon both the proposed amendment
and the bill many widely difFerenl opinions upon the
subject of the power to count were expressed, and
some of ihcsc opinions are interesting in view of the
stand later taken by the statesmen uttering them. Nfor-
ton himself was by no means consistent In his attitude
on the matter of the power to count. He held at first
that the president of the Senate must ex necessitate ret
decide between returris.* Later he said that while
the constitutional provision miglit be construed either
as giving the power to the president of the Senate

1 H. R. Mis. Dd& No. 13, itlh Cone. 2d Sms., pn 10S-45A.

2 SonuLor ThurmAn, for <<iiii[i[>l?, favored the blU huf irlahed
(O POanwIJl- 1tV IIILSHi«e- — Ibid, p- &0S.

1 ibta. pp. G*o-«M.
4 Ibid. p. tn.

The Hayes-Ti/den

or as giving it to the Congress, he adopted the latter
construction as the more reasonable and as more in
accciid with the ^spirit of our govcninitnt. ^

Numerous devices which Jiave a sorwevvhat similar
interest were proposed for settling disputes about the
count. One, which was brought forward by Senator
Edmunds of Vermont, was for a commission of four
members from each House. ^ Senator Frelinghuysen
introduced an amendment providing that disputes
should be referred to the supreme court, ^ Later he
suggested a commission to be composed of the presi-
dent of the Senate, the speaker, and the chief jus-
tice. *

But, as already stated, Congress utterly E^led to
put any authoritative interpretalion upon the question
of tlic power o£ counting. Furthermore, the Senate
in January, 1876, on the motion of Senator Morton,
refused to rcadopE the Twenty-Second Joint Rule. *
Thus there remained nothing to reflate the count in
the present crisis save the bare const itutiona] phrase
and the precedents- And iinfortimately the precedents
were not such as to settle conclusively any of the
controversies likely to arise.

Circumstance^; were therefore favorable for the ad-
vocating of extreme measures by hot-heads in both

1 H. K. Mis. Doc Na. IX iiih Cons, 211 Seva.. pp. G6S'S«a.

2 rhifi. J,. IPS.
S Ibid. p. 3ia.
I Jbld. T, &4»,
S Ibid, rp- TSj-734, Thp claim Tna made afier ComrreH* re-

aiumMed In Deoenili^r thai the niTc waa lUII In force, but lu
most of ihs Deiiiucrntli: Benalura look the oppofllEe view, Vu
claim camo to noChlne-

Disputed Election of J8j6 187

parties. Extremists oei the Republican side continued
to assert thai in case the House and Senate disagreed
upon the question of what were the Irue returns the
presitlent of the Senate would count the votes and de-
clare The resnlt. The Administraiicin, they openly an-
nounced, would see to it thai the Tuan thus criospti
was inaugurated. The Democratic extremists, on the
other hand, continued to declare tliat to the House
belonged at least equal power in the count, that that
body possessed tlie riejht to decide when a choice had
not been made, and that ^vhen such a decision was
made, the House would proceed to choose the Presi-
dent as the Consiiluiicn directed.

The newspapers continued to puhlish stories about
the impending conflict. In furtherance of a Republi-
can plot General Hancock, who was In command of
tlie Department of the East, was lo be sent off to the
Pacific coast. Ids place was to be taken by the ter-
rible Phil. Sheridan, and Xew York City was ^hcn to be
"bulldozed'' by troops and warships. ' The blood-
thirsty and dictatorial Grant had sworn that \i the
Democrats in Congress attempted to impeach him, he
would clap them all into Fortress Monroe.^ Senator
Sherman was to supplant Ferry as president of the
Senate, and with his brother Tecumseh, commander-
in-chief of the army, was to set up a sort of duumvi-
rate. ' Republican newspapers discovered circulars

1 Tne ttnry tifiTwarv To hnve flrei Imm^d pnhl1*hnJ In t&s At-
Irtjiy 4rin»» of Dec, lllh. Thorn hus truth In purt *f ll. — Be*
Ri»rnlnlHmc« of Hencoek ^y MB Wir^a, lip^ ]BA-1A3.

s J*id, r>&?. mn.

The Hayes-Tilden

xiirecting Southern rifle-dubs to assemble in Washing-
ton and assiit in jnaugu rating: Tildcn, ^ and aaaertcd
that the treasonable orgarjJEation known as the Knights
of the Golden Circle, or Sons of Liberty, was being-
revived for the same purpose. -

Unquestionably there were some Deinocrats who
were prepared to go to any lengths in order to seat
iheir candidate.s. Resolutions to the effect tli-il u!»urpa-
lion must he resisted were passed h_v various state com-
mittees, and calls were issued for conventions to con-
sider what should be done. ^ Steps were taken toward
otganbing the members of the state and county com-
mittcea — especially those members who were ex-sol-
diers — into an organization lo be used in case force
should become necessary, and in some places Tilden
and Hendricks *'mirute-men" appear to have been
enrolled. This work was carried on in large measure
through the Democratic Veteran Soldiers Association,
and the activity appears to have been greatest in tJie
Middle West, where General J. M. Corse of "Hold the
Fort" Allatoona fame was in control.*

The Republicans were not at all dismayed by these
preparations on the part of their opponents. Since

1 Hmcff, Doc. lOth.

£ Tbtft. Dpt- 16th p£ «<j.

3 IfidlannpoLlfl Journal and Sentinel, Dvs. t4tlL

4 New yorlt Ttmea. Dec, iSUi eC veq. Dec *tli Cflrae tele-
graphed [D Col. Prfllon: "Glory to God. Hold on to the ons
vote ]r OreRon. I Imve lOO.OPO men lo iJflcJc It ap." ThrM
Kfvln b^fot>' Ii* Tmri tPU'graj^hrTl to Pprry FT, Smith- "Wo have
IBO.OOO t'X'Boldltrs now errolltfil," Eviaently the peneTBl had a
poor h&ad for flKiircE, or elm' dome of his m^B had denertfd.
Corsp later les tilled Ijtfore a Si:nalv cuninLftlee lba.t the dla-
patchQB were Intended m n plMft of "hndinage," and mid that hP
"never ctrntem plated" raising (roopB, bul some «r his leatlmony
vru eonfllcUnt & R. No. t7a, 41th Cobb. Id Seaa.. pp. 409-*l».

Disputed Election of 1876

189

the electoral colleges had met and voted they would
admit of no doubts as to the election o£ their candidates.
Haves himself now expressed the opinion that he had
been honestly elected, and said, *'I fully expect to be
inaugurated." ^

The Democrats abated not one jot nor tittle of their
claim of victory, ard on December 13th National
Chairman Hewitt issued at Washington an announce-
ment of the election of Tilden and Hendricks. This
drew from Zach. Chandler a rather saucy reply, ^ and
from the New York Herald, which deplored such pTo-
nuuciamentos as tending to stir up violence, a state-
ment to the effect that '^there is a. gentleman in Utica,
the inmate of a public institution, who regards him-
self as the Emperor of China, and issues edicts by the
score, but we have never heard that be enjoys the
revenues of the Celestial kingdom,"*

But fortunately the American people possessed too
much hard sense to allow themselves to be carried
away by the counsels of extremists on cither side. The
recent Woody conflict scr\'cd as an excellent object
lesson of what might be expected in case the hot-heads
should be allowed to have their way. Good men ani
true tn both parties set themselves to work to evolve
a compromise. Warlike speeches were frowned upon
or laughed down. Petitions began to flow into Con-
gress imploring that body to find mears for adjusting
the contest. *

1 Wotia. Dsc- 12lb.

T tbttt, r>rt, 111*1 ; Bff^M, D*c nth,

I Dec, 14Ut,

4 Sbd. for example. Itecofd, p- TZ.

!9o

The HayeS'TUden

Happily the men in Congress whose patriotism rose
hig-her than their partisanship proved equal to the
occasion. Despite the wrangling in both houses, pro-
po^s looking to 3 peaceful settlement had aJready
been macJe. One of these, introdticed hy Senator Ed-
munds, provided for a cunslitulional amendment plac-
ing the count in the hands of tlie supreme court.
The proposal was debated on a nurnbcr of occasions,
but ultimately failed to pass even the Senate ^ Far
more important in its results was a rcsolulioti intro-
duced into the House on the 7th of December by
George W. McCrary, a Republican member from
Iowa, who was later a member of Hayes's cabinet and
fTien a Federal judge. The resolution was as follows:

"WhercaSj There are differences of opinion a3 to the
proper mode of ccunlincf the electoral vole^ for Presi-
dent and Vice-President, and as to the manner of
^etemiming questions that ma^' arise as to the legality
and validity of reiums made of such votes by the
several states:

"And whereas. It Is of the utmost importance that
all differences of opinion and all doubts and uncer-
tainty upon these questions should be removed, to
the end Ihat the votes may be coumed and the result
declared by a tribunal whose authority none can ques-
tion and who^e decision all'will accept as final : there-
fore,

"Resolved TJiat a committee of five members of this
House be appointed by tlie Sp**aker, lo act in mn-
junction with any similar committee that may be ap-
pointed by the Senate, lo prepare and report without

1 Accord, pp. 117-128, l^O-lUn IB7-lfll-

Disputed Eltfctian of iSyd 191

delay swell a measure, either legislative or constitu-
tional, as may in their judgment be best calculated to
accomplish the desired end. and that said committee
have leave to report at ary time.'*

The resolution was referred to the House judiciary
commitiee, of which J. Proctor Knott, afterward gov-
ernor of Kentucky, was chairman J The fate of the
resolution depended ujjon tlie altitude taken by tlie
Democratic leaders toward compromise. If Mr. Til-
den had had his way, doubtless it would never have
been reported, for he was strongly averse to any sur-
render: but the leaders at Washinffton, many of whom
were jealous of him, were not much incUned to heed
his wishes.* His inlluence was furdier weakened by
the fact that neither at this time nor later was it ever
definitely known exactly who represented him, Mr.
David Dudley Field, a well-known lawyer, had ac-
cepted an election to Congress at a special election for
the purpose of looking after Mr, Tilden's legal inter-
ests; but neither Field nor Colonel Pclton, nor Hewitt,
nor Randall, were ever thoroughly trusted by Tildcn.
Furthermore, shortly before the resolution was intro-
duced in the House President Grant, who was anxious
for compromise, summoned Mr, Hewitt, who as na-
tional chairman, was n.iturally regarded as the Demo-
cratic leader at Washington^ to an interview, as a result
of which Mr. Hewitt became anxious to play the role
of a Henry Clay. Conseqnentlv no considerable hostility
toward the resclution developed. The judiciary com-

1 B^fiard, pp. ei -52.

1 Slfvlaw. II. jt. C2 : perBonnl lUK^ment by flame aUtHoT.

The Hayes-Titden

mittee di^, however, amend it in such a way as to pro-
vide tor a committee of seven instead of ^vt^ and for
anotlier committee of seven to report upon the powers,
privileges, and duties o£ the House in counting the
electoral vote. Thus changed, it was on the 14th of
December reported 10 the House by Mr, Knott, and
was at once passed without debate under the prei'ious
question.^

On the following day the resolution was takcQ up
in the Senate. Senator Edmunds thereupon offered
the following;

"Resolved, that the message of the House of Repre-
( Bentatives on the subject of the Presidential election
be referred to a select committee of seven Senators
witli power to prepare and report without unnecessary
delay sucl] a measure, either of a legislative or other
character as may in their judgTnent be best calculated
to accomplish the lawful counting of the electoral
votes, and be^ disposition of all questions connected
therewith, and the due declaration of the result; and
tbat said committee have power to confer and act with
the committee of the House of Representatives named
in such message and to report by bill or otherwise-" '

Three days later the resolution was passed without
debate and without opposition,^ On the 21st the
president of the Senate announced the committee as
follows: Mr. Edmunds of Vermont (chairman), Mr.
Morton of Indiana, Mr. Frelinghuysen of New Jersey,
Mr Lc^an of Illinois, — Republicans; and Mr- Thur-

1 Rfcttrd. rrn- 1VT-1B8.

2 Ibid, p. 221.
S JbUI. p. ^1%.

Disputed Election if 1876

T93

man of Ohio, Mr, Bayard of T> ware, and Mr. Ran-
som of North Carolina, — D ocrats. As General
Logan was in the midst of a cnnicst for re-election» he
found it expedient lo look after his political ^'fences**
in Illinois^ and asked to be excused.^ The vacancy
thus made was filled by the appointment ol Mr, Conk-
ling of New York.

On the 22d Speaker Randall announcied the House
commincc as follcwa: Henry B, Payne of Ohio
(chairman), Hppa Hunton of Virginia, Abram S.
Hewitt of New York, William M. Springer of Illi-
nois, Democrats; and George \V. McCrary of Iowa,
George V. Hoar of Massachusetts, and George Willard
of Michigan. Republicans.

Although nothing of much importance* was done
bv the committees until after the holidays, the effect of
their appomtmcnt upon the public mind was quieting.
People "began to get out of the Me?ttcan and into the
Anglo-Saxon frame of mind." In a much applauded
^>eecli delivered in New York at the New England
Society's dinner on Forefathers' Day George William
Curtis unquestionably expressed what were coming
to be the sentiments of the thoughtful, prudent, and
patriotic men of all parties when he said ; "The voice
of New England. 1 believe, going to tlic Capitol. wouM
be this, tliat neither is the Republican Senate to in-
sist on its exclusive partisan way, nor is the Demo-

t A mibcoTnmKtpe tit tlie HfiuB* cnmmTttee oompllBd the pro-
c#«^inKB and debates of Con<reas relathiff \<t Ibe vlectorvl vote* la
Uu pJUL Thi> r^BuU <*f their lAborn oofiflEl1ur<>e the valumo >.]-
rFKdr icferri^ ta aa Dtitotva on ESkdpriJ Couol,

194

Tfie Hayes-TUJen

cratic House to insist on its exclusive partisan way;

but the Sotiate and House, representing the American
people and the American people only, in the light of
the Constitution and by the authority of law, are to
provide a way over wliich a President, be he Repub-
lican or be he Democrat, shall pass unchallen^eJ lo the
chair," I

But despite the growtli of a spirit of compromise,
there were many evidences that the situation was still
fraught witli dangers. The enrolling of Democratic
minute-men went forward until military orgamzatior
to a certain deppree had been effected in eleven states,*
and a commander-in-chief, namely General Corse, ^ had
been tentatively agreed upon. Republican leaders still
(iefiaotly asserted that the president of the Senate
would count the vote, and Mr_ Ferry let it be Wnnwn
ihat he '\vould shirk no responsibility." * The inaug-
ural address nf Oovemor Robinson ol Kcw York con-
tained a long arg^ument, written by Tilileu himself,
setting forth the opposing Democratic view of the
right of the House to elect in ease of a deadlock. * In
the South, although the chief leaders were generally
for peace, expre,^&ion5 like, "We'll try them this time
with Tiiden anti New York to help us," were fre-
quently heard ;^ while some of the more excitable of

1 Tha Jfatton. XXTtl. p, SIB.

2 UcClure'a Hatpart^e. XXHI. p, 77, Statement of HowltC
i So says HDnry Wntlf^non. John Goodo of Virginia sa^fl tFiat

Gen. FnuiKlln of Coiiih'CCJcuc wits mejittoned for Uie nlwja
Hancodc ^aa na doubt ronBldpFed,

4 WotM. Dm. 2ttyi- Thf Kulion, XXin. p. S7E.

t BIgelnw, Tlldan, IT, pp. £6-74; Times. Jan. iH ■.nd 4tb^

■ AlJantic. XXXIX, p, 190,

Disputed Election of 1S76

the local leaders wrote all sorts of wild promises oi
a&sf^iance to their compatriots in tlic North. * On the
8th of January conventions of Democrats were held
at Washington, Ricinnoitd. and at the capitals of sev-
eral of the states of the Middle West- = At the VVash-
infton meeling a fiery Louisville editor, whose opin-
ions arc always interesting- but whose advice if fol-
lowed would have wrecked this Republic a score of
times, deelared that 100,000 Kentuckiaas would see
that justice was done Tilden. ' At Indianapolis the
orator of the day, Mr, George W, Julian, once can-
didate on tlie Liberty Party's ticket for Vice-Presi-
dent, "warned" the Republicans "that millions of men
will be found ready to offer their lives as hostages to
tile satreducss of the ballot as tlie palladium of our
liberty. Whosoever/' he concluded, "hath the gift of
trm^ies, let him use it; whosoever can wield the pen
of the ready writer, let him dip it into the inkhora;
whosoever hath a sword, let him ^rd it on, for the
crisis demands our highest exertions, phvsical and
moral,"* Similar speeches were made at the other
meetings, and more or less warlike resolutions were
passed; hut, in general, the meetings proved much
less impressive than their promoters had hoped Far
more dangerous to the peace of the country than mass
meetings or the utterances of fiery editors was the
situation in two of the disputed states of the South,

I The Satiax. XXIV. fi, 31.

Z Worl4. TtmcM amS tlnratd of Jan, 9Ui aa^ lOUi.

3 rfrnr* anil Wariii of Jan, Bcb.

I IndlBnniJoLlA Jtinmii\ iwd dpntitnl Of Juii. tCh,

196

The Hayes-Tilden

From the last of November there had been a dual leg-
islature and from the loth of December a dual execu-
tive in South Carolina, and a similar condition of
affairs obtained in Lomsiana. ^ While peace was to
a certain extent maintained between the rival factions
by Federal troops, no inaif could feel sure thai some
violen! incident might not occur which would prove a
&park sufficient to lire the whole m^aziEie.

After the hotidavs the two congressional commit-
tees, working^ first separately, later together, and all
the time in secret, began trying to evolve some plan
for a peaceful settlement,^ At first there was much
uncertainty and tJounderin;^ abouL In the House
committee, for instance, the first Beesion was devoted
to considering such questions as : What are the
powers of the president of the Senate in counting
the vote? Could the counting of The vote be referred
to an independent trihuna!? Should a new election
be held? What would be the situation on ihe 4l:h of
March if no person has been declared elected by Con-
gress or has been chosen by the House of Represen-
tatives?'

The divergence of opinion between the two factions

1 For & more extonrjeil accoiml ot tbvA« matters a« Ch&p.

'2. ThA }^baT0 cninmlltfw m^t En tha rfiom nf The ^AiiflM
judlclurr cammFltep : Ibe House cornmlctre tn [he room of Ihe
Uouqfr commlTlM on tinnklnff hthI *'iirr<'nr>' i^r in Ihe oilalr-
Timji'n prlvfli*' [ipGirEmtnta In Uie RIbbs HoiJ?e^ The Joint nKOt-
Ing" WIT." hfrLcI tn ihp Tfiom o( the Si'imte ludlctflTV cnmmlttea.

fl My ftwouTit or the wnrk or Ihe fominitTepfl ta taiBeii ciUeflT
on an arUcl? by Milton IE. Northnjp, Becr''tnry of trte Hou^o
commilto^. pubiiAhtfl m tnp Cenrun/. XL. dd. 923-934. His
•rCEtle tr> In liirp;-^ piirt tmulu up of □otctr taki^n by Ur, Northnip
nr ihp tlmp. In nclrililoTi- J Jiflvp recflv*^] inforrnBHoB iron*
£X-Beaator Birnunda on u few polntfl.

Disputed Election of iSjb 197

proved almost as pronounced in the comrrittees as
elsewhere. At the second meeting of the House com-
mitree on the 4th of January the Democratic chairman
introduced a resolution to the effect that the power
of the president of the Senate was confined lo open-
ing the returns ; while on the lOth Mr. McCrary intro-
duced one to the effect "that tlie certificates of the
proper state authorities, executed according to law.
... - if not conclusive, are at least prima facie
evidence, and cannot he set aside or disregarded by
one House without the concurrence of the other."
These two widely dix-ergetit resolutions indicate dearly
that in a week's time nuthing definite had been ac-
complished. Still "'the work of err si alligation'' had
been progressing, and the time had n*il been wholly
wasted* for to the same meeting of the 10th Mr. Mc-
Crary brought a plan which was in many respects sinv
i!ar to that finally adopted.

His plan, vihich in some of its features was not
unlike the bill of 1800, provided for an independent
tribunal, to be composed of the chief justice and a
certain number of associate justices, whose decisions
were to be final unless overruled by the concurrent
vote of both houses. After a futile debate that night
on the Payne resolution, the plan was taken up and
discussed for some time. On the following day, with
the consent of the Republican member*;, it was
amended so that the decisions of t]ie tribunal ^vere not
to be final unless concurred in bv both houses. An-
other aniendnicnt exchided Chief Justice Waitc, be-

The Hayes-Tilden

cause he was thouglit to be hostile to Tilden. It was
then infnrmany agreed thai the commission ought to
consist of tlic five senior associate justices. namel>'
Clifford, Svvaync. DaiHs, Miller, and Field-
Meanwhile the Senate committee had also evolved
a plan. Tlidr plan had grown out of a proposition
introduced by Senator Edmnnds in the Senate com-
mittee about the same time that Mr, McCrary intro-
duced his into the House committee. ^ Unlike the
House proposal, the Senate plan provided for a com-
mission of thirteen^ composed of nine meiTibers of Con-
gress and the four senior associate justices. In
choosing the nine each house was to choose five, aad
then one of the ten was to be eliminated by lot.

On the 12th the two plans were presented to the
two committees at a joint session held in the Senate
jadiciary room. On the following- day at a second
joint session the House committee consented to adopt
that feature of the Senate committee's plan which
provided for a tripartite commission; while the Sen*
ate coitmiitlcc, in turn,, agreed thai the number of
members should be fifteen instead of thirteen, and that
the ''lot'' feature should he applied only in choosing
the judges. Before the meeting adjourned all the
members, except Mr, Springer, who wished time to
consider, had agreed that the names of the six senior
associate justices were to be put into a hat, one was
then to be drawn out, and the persons whose names

t Mr. Bdiaiuida aara thnt B.a he rpmembera It, Mr. McCiaFV
and liB did noi work toe^ihet.

Disputed Electian of l8j6 199

p remained were to constitute Oie judicial portion o£
, the commission.

f This meeting took place on Saturday, January 13th.
Before the following Monday, through some "leak" in
the committees, the plan became known to tlie public.

I The result was tliat much opposition, particularly to
the ''Tol" feature, developed among the Democrats,
who £Aw that under it the chances would be against
them. Mr. Tilden^ who was personally consulted by
Mr, Hewitt in New York, utterly declined to approve
the plan. He opposed compromise of any sort, and
insisted that the House should stand out for its rig-ht
to participate in tlic actual counting and to proceed to
elect in case no one received a majority of the elec-
toral votes. Mr, Tilden placed much faith in the
effect of the publication of a compilation of the pre-
cedenES which Mr. John Bigelow bad tieen preparing,
and which was published about this time under title
of Freside^itiai Counts. He believed that if the Dem-
ocrats held firm the ReptibUcans would not dare to
carry through their plan for having the president of
the Senate declare the election of Hayes, The plan
which, without his approvaV the Democratic leaders
were considering at Wasliington, was, he satd, "a
panic of pacificators. They will act in haste and re-
pent at leisure-*' *'Why surrender now?" he asked.
'*You can ahvays surrender/* He Avas especially hos-
tile lo the "lot" device, and is reporled to have said

200

The Haycs-TiSden

next day regarding it; "I may lose the Presidencv.
but I will not ral'dc for it.'*^

When the committees met again on Monday, Mr.
Pavne therefore annoimccci oti behalf of the Demo-
crats that lh<; FiX'judge plan ivould have lo t>e drop-
ped, for the opposition to it was so strong that it could
never pa&s the House, Mr. Tilden's iatluence, how-
ever, was by no means great enough to induce the
Democratic leaders to give np the irlea of compromist.
They merdy endeavorer] to evolve a less objectionable
plan, and Mr. Payne, speaking; for tiie Democrats of
the House committee, proposed in lieu of the six-judge
plan, "the selection of the five senior associate jus-
tices outright, as in the original House bill, The com-
mittee earnestly beUeves that the selection of these five,
two being understood to be in s\impathy with the Re-
publicanSj two with ihe Demi:)cr3cy, and the fifth [Jus-
tice Davifl Davis of Illinois] leaning no more to one
side than the olher^ would assure the iion-panisan
charaiCter of the commission, and give the odd tiumbcT
without a resort to the 'lot' system lo which there is in
many minds a very serious objection/'

"This." says Mr_ Northntp, the secretary of the
House committee, ''precipitated a discussion of the
political bias of Justice DavJd Davis. The distin-
guished Illinois jurist whom Abraham Lincoln had
placerl on the supceme bench was thenceforth, till ^e
committees had come to a final agreement, the storm-
center of earnest disputation. The Republicans tena-

i~Biepfow. TUdpriH II. pp. "f-TC; Marble, A Secret Cli&ptrr of
pQllIlpnl Hl^Tnry; slalE'mtnf of Mr Blgplaw lo Ihe nuthOTr

Disputed Election of l8yd 201

ciously argued that Justice Davis was, to all intents
and purpQ?e£. a Dcinocr;it, and tliat his selection should
be charged up against Ibe Democrats. Just as stren-
uously the Democratic committeemen insisted that he
occupied a midway position between the parties, and
thertforc couM with entire propriety serve as ihe fifth
whctl of the commission coach. Senator Edmunds
promptly took issue with Mr. Payne "s charactcritation
of Justice Davis as an IndependcTiC. "Ji^cli^e Davis,'
said the cynical Edmunds, 'is one oi those Indepen-
dents who stand always ready to accept Democratic
nominations. It is mv observation that such men are
generally the most eicireme in their partisanship. I
would rather intrust a tiecision to an out-and-out Dem-
ocrat than to a so-called Independent.' " Mr.
Springer, on the other hand, said: "Judge Davis is
just about as much a Dcanocrat as Horace Greeley was
in 1871 ; he is not and never was a Democrat. His
most intimate friends, amohg whom I may count my-
self, don't know to-day whether he favored Tilden or
Hayes, He didn't vote at alL Our people in Illi-
nois, w^hen he was mentioned for the Presidency, were
unerly hostile to his nomination because he was not a
Democrat, and had no standing in that party. They
only know that he is absolutely honest and fair,"

All the next day» January i6th. was spent in dis-
cussion without any agreement being reached. The
Democrats of the House committee tendered the five-
sen ior-jusi ices plan, with the concession that the deci-
sions of the tribunal should be iinal unless overruled

202

The Hayes-Tilden

by both tiouses, but the Republicans coald not bring
themselves to accept Davis, Vanoiis other proposals
were made. Mr. Hoar suggested an evenly divided
commission, with power to call in an outsider in case of
a deadlock. Senator Thurman proposed an even num-
ber of judges, say four to six; he believed they would
not "range themselves on party lines. No doubt they
would decide as they believed rjj^ht," Mr. Hewitt said
he would be willinfr to let four judges select a fifth,
and the suggestion found favor with Mr. Hoan .^fter
rejecting the five-sen ior-justice?* plan, the Senate com-
mittee tendered a coiuiter-proposition along the line
of Hewitt's suggestion; the new scheme provided for
a commisaiori composed of five senators, five repre-
sentatives, and the four senior justices (Clifford,
Davis, Swaync, and Miller), who should name a fifth.
To this Payne demurred, saying Davis was not a Dem-
ocrat and ought not to be charged to ttie Democrats
as one. Senator Bayard, however, being very anxious
for a compromise, supported tJie proposition. He
thought it "rather saddening that the agreement should
hinge on the quantum of bias in Judge Davis;" he
believed "that in this honr of great danger to the
institutions of this country there will be evolved a
feeling above party."

At the joint meeting on the following day M^r. Payne
announced that the majority (meaning, of course, the
Deniotratsl of his committee were unwilling to assent
to the proposal which reqtiircd them to take Judge
Davis as a Democrat. He then said that Mr. Hewitt

Disputed Election of I876

would make '*a proposition which at iirst blush had the
imanimous approval of the House committee/* Mr.
Hewitf thereupon stated that he believed none of the
propositionf thus far made could pass, because each
leaned one -way or the other. As an ^*absoIuEely just"
plan he dierefore suggested tliat the two senior jus-
lices. Clifford and Swaync, should each select another
justice and that these four should then select a fifth.

The Senate committee, however, rejected Mr. Hesy-
]tt"s proposition, and submitted yet another one. which
was to take the associate justices from the first, third,
eighth, and ninth circuits, and let them select a fifth-
In supporting this plan Senator Edmunds urged that ic
had the merit of being based on get^raphical consid-
erations — Justice CJifford representing New England,
Justice Strong the Middle States. Justice Miller the
Nortlivvest. and Justice Field the Pacific slope — wlaile
at the same time maintaining the desired political equi-
poise of the commission.

After a conference among themselves the House
committee, witli the exception of Mr. Hunton> who
wished to consider the matter over night, agreed to the
plan. The two chairmen thereupon began to compare
the bills in the hands of each, and. with the assistance
of other members^ to perfect the phraseology. Sen-
ator Hdmuuds also read a draft of an address prepared
by htm to accompany the repni^ of the bil! to the two
hoiises. On nmlion. Senator Thunnan wa*i appointed
to act with him in completing the address, which was
to be signed in the morning.

The Hayes-Tilden

Several of the members expressed great relief at

the successful outcome of their labors- Senator Thur-
man said tlie agreement would be hailed vvilh joy from
one end of the country to the other, and the effect on
business would be immediately felt- Mr. He^vitt
thought it was "worth five hundred millions to the
country at once.'* Mr. Hoar rot unjustly said that
"this committee's action will be cousiilered a.s one of
the importanl events in history."

But one senator, namely ^lorton, was far from be-
ing so well satisfied, He objected especially to cer-
tain features which might perhaps be taken as con-
ferrins power upon the Commission to go behind the
returns. Tn reply to this objection Senator Thurman
made a statement which, in the light of subsequent
events, possesses considerable importance. "The bill,"
declared he. "decides no disputed questions, creates no
new power, but submits all disputes to this tribunal with
the sarne powers, no more, no less, than belong to
Congress, jointly or severally. It is as near a non-
committal bill, as to disputed questions, as could be
made." But Morton continued to frown upon tiie
bill; and when on the following day the report to
accompany it was in readiness,^ he alone, of all tlie
members of the two committees, refused his signature.

The report^ justified rhc bill both on constitutional

1 Wh'^n thr^ report van being iflJ«iiFf<tPd» Mr. Hflar r>ti]F<f1&d lc
th« ptiraie tfmL It wan '^cumpara lively unlmpartmit" wbo iH-
famp Prpaldpnt. nnil dprlAri^tl rJinf In hlfl opinion W was of
"Itamense Importance," Senator CpakUni^ crlUoH-d iht pliraae.
"ir msh JUTl«iUcMon In not vestHl b^ ih" '''nniiTlTii'.Inn, ibU bUT
enatu lt«" Both pIitbacb wore accordlnely Htrtck^n out,

iTtiT the report aea Hfloord, pp. 7M-714.

Disputed Election of l8y6 205

grounds and on grounds of e^cpediency. The bill, it
argued, '*ts only directed 10 ascertaining, for tlic pur-
pose and in die aid of the coiiuEing. what are the con-
stiluliorral votes of the respective states; ard what-
ever jurisdiction exists for such purpose, the bill only
regulates the method of exercising it. The Constitu-
tion, our great instrument for liberty and order, speaks
in the amplest language for all such cases, in whatever
aspect tliey may be presented. It declares that Con-
gress shall liave ^x>wer 'to make all laws wliich sliaU
be necessary and proper for carrying into execution
the forcgT>ing jx>wers. and all Dtlier powers vested by
this Constitution in the Government of the United
States, or in any department or officer thereof.'" "It
is impossible,'* the report continued, "to estimate the
materia! less that the country daily sustains from tlie
existing state of uncenaint^'. It directly and power-
fully tends to unsettle and paralyze busines^L. lo weaken
puhlic and private credit, and to create apprehensions
in the minds of the people chat disturb the peaceful
tenor of their ways and mar their happiness. Tt does
far more ; it tends to bring Republican institutions into
discredit and to create doubts of the success of our
form of fTovernment and of the perpctuitv of the
Republic. All considerations of interest, of patriotism,
and of justice unite in demanding of the law-making
power a measure that will bring peace and prosperity
to the country and show Chat our Republican institu-
tions are equal to any emergency,"

The bill itself, unquestionably one of llie most im-

The Haycs-Tilden

portant measures ever considered by an American Con-
gress, regulated in detail the whole procedure of the
eoimt. It provided that the two houses should meet
in joint session in the hall of the House of Represen-
tatives on the first Tliursday in February, two weeks
earlier than had been Ihe practice under the then exist-
ing law. The joint sessions were to be presided over
by the president of the Senate, and each House was to
be representefT by two tellers. Tn ease objections
should be made to tlit vote.H of a slate from which
there was but one return such objections -were to be m
writing, signed by at least one member of each ilouse.
The two houses should then vote separately upon the
question at issue, and no vote or votes should be ex-
eluded except by concurrent action. In cases w^ere
niore than one return had b&en received these were to
be opened and read, and then submitted to a tribunal
of fifteen, composed in the manner already descritjed.
Provision was made for filling any vacancy whidi
might occur in the tribunal. Tn the disputed cases all
the papers together with written objections were to be
submitted to the tribunal, "which shall proceed to con-
sider the same, with the same powers, if any» now
possessed for that purpose by the tv^o houses acting
separately or tc^ether» and» by a majority of votes,
decide whether any and what votes from such state
are the votes provided for by the Constitution of the
United States, and how many and what persons were
duly appointi^d electors in such state, and may therdn
take into vtew such petitions, depositions, and other

Disputed Election of l8y6 207

papers, if any, as shall, by the Constitution and now
existing law^ be competent and pertinent in such cun-
fiideraiion." The decision of the commission in dis-
puted cases was to stand unless an objection, signed
by at least i^^^ senators and five representatives,
sliould he sustained by ihe separate vole of both
houses- To facilitate the count, there was tn be no
tlebatc at joint sessions, and debate at the separate
sessions was limited to two hours. The joint meeting
was not to be dissolved until the count should be com-
pleted ; and recesses, except when a case was before
the commission, were not to be taken beyond ten a. m.
ihe following day, or from Saturday to tlie following
Monday. I-astly the bill disclaimed any infringing
upon any right, if such existed, to question in the
courts the title of any person to ilie Presidcitcy or the
Vice-Presidency. ^

The news that the commiltccs had at last agreed
upoti a plan was received with much satisfaction in all
parts of the countr>\ A large portion of the press
spoke favorably of the bill; the business interests were
delighted at the prospect of a peaceful settlement : and
petitions in its behalf began to poiir in upon Congress-
Most of iJie Democrat? both in and out of Congress
at once showed themselves favorable lo the bill, while
perhaps a majority of tlie Republicans showetl ihcra-
sdvcs inclined to oppose it. The Democrats were
the more inclined to treat, not because they had more
grace, but because, despite their pretended confidence.

] Rfcarit, D- '11.

208

The Hayes-Til den

they were at a disadvaniag^e and knew it. ' Mr, Ferry
had all tdc returns in his possession, and was a partisan
Republican, President Grant waf also a Republican;
and, although anxious for a peaceful setUement. ^ he
had given out Ihat he intended to see his duly declared
successor inaugurated. It *as well known that in
case \\\v Iwo houses were unable lo come to an agree-
ment Mr. Ferry would proceed to count the voles, and
would declare flaycs the Prcscdenl-clcct. Mr. Hayes
would then be inaugurated under the protection of the
United States army. Even thouprh the House should
refuse to recognize his election and should proceed to
choose Tilden, that gentleman would be unable to set
himself up as more than the de jure President, His
opponent would have control of the official machinery,
with appropriations sufficient to last until the first of
July. Mr. Tilden and bis supporters woidd thus be
put in the position of opposing the regular govern-
ment.^ Such a position, as many independent and
even Democratic journals pointed out. was one which
the party, with its recent antecedents, could not afford
to assume.* It could safely be forecast that in case
the Democrats should resort to force, the majority of
the people would take the side of the government
whose seat was at Washington.^ For this reason, if
no other, force could not succeed. Another reason

1 The IfatioH, XXIV. p. A.

Z RecoltecOoiifl of Qeorfre W. Chlldfl. pp. /T-fll.

S NertxH. Ek^O- 23d.

i r*fl -VafioB, XXIir, p, 3fl*; fl1« of flemrd And Bun.

fi S«niQ [trnmlKMit n-imocrnTs had pubLfolir stated that ther
WQuM nut Bttmd by the i>arly \n a r^mrt lu for». See firmld
of Doc- ISUl Somff of theae were ei-Confederate ffenertls.

Disputed Election of l8y6

why it could not — a reason which brought to pause
hot-heads with whom other considerations weighed
but little — was ihat at the head of the govemtnent
was a man, who, whatever might be said of his capacity
as a civil administrator, was known beyond all cavil
to be a peerless leader mi the field of battle.

The Democrats were influenced by yet other motives
to support the compromise plan. ^ Many favored it
out of genuine patriotism ; while some disliked the idea
of the election devolving upon Congress, since though
that would result in the election of Tilden by the
House, it would also result in the choice of a Republi-
can Vice-President by the Senate. These last and
most others believed with Senator Gordon of Georgia
That with the compromise plan both Democratic can-
dida.lcs were certain of election. They reasoned that
only one more vole was needed, that twenty were
in dispute, and that, out of so many, the Commission,
with justice Davis as the fifth judge, would surely
award the Democrats at least one. -

The very considerations which caused Democrats lo
favor the compromise led many Republicans lo oppose
it. To them the chances for success looked extremely
dubious. To eleei their candidates, they must take
every triclc. If Tilden should receive so much as a
single one of the disputed votes, the game wa^ up. And
Republicans looked forward with reluctance to such an
outcome. Some groaned at the thought of losing the

1 Far HI otislyBLB of D«mDcr«Uc maUrM aw Blstlow, TUdca.

\\- p. *l.

210

The Mayes-Tilden

fat patronage of a hundred thousand offices. Others
were more concerned al Ibe thought of relinquishing
the reins of power to men whom they believed to be
al heart disloyal to the Union. It is not strange,
thcrefcre, that ihe most radical opposed a plan which
looked not unlike "giving up tlic fort" They be-
lieved that in case no compromise were made Hayes
would be peacefully inaugurated — at any rate he
would be inaugurated, Mr. Hayes himself believed
the bill unconstitutiotia!, and opposed it, though not
actively, ^

On the other liand^ a considerable portion of the
party were unwilling to support ^e extremists. Chief
among ihoiie favoring a compromise was the Pre^iidenl
himself. He had all along been working to secure a
peaceful settlement, and he now used his influence in
bdialf of the bill. As a result of his urging Senator
Conkling of New York, and doubtless others under-
took to work for its passage. -

When the bill came up in the Senate on the 20th of
January. Senator Edmunda, chairman of the Senate
committee, made a powerful and patriotic plea, singu-
larly free from partisanship, in its behalf. He argtied
that it was constiiuiional, that it did not take away
from either the president of the Senati? or the
Honse of Representatives any power which the Con-
stitution "vested in tliem free from limit and free frrim

I EI&y«B ItiuughL Uie power to count twlDnsB<t Co tue jiro*T-
dent ciJ tile fipnfltp. — Ij?lter to Shprmnn In J^^lifi StiermiiTi'* Reool-
lecUcna, I, p* 6GI; In Carl Schiiri. Jon, 17ili and 3ad. aoil Iff
Alonso Tare. Jtin. 2fi(h. In the Hayvd PopE^ra.

£ GeorffLT W. CblLds, RcmlnlHCvnc^A, pp. T7-BD-

Disputed Election of l8f0

regulation." He urged it? passage as a wise measure
of public policy. ■■

The opposition in the Senate v^'as led by Morton-
On Mondayt the 22c!, altbough ill and scarcely able to
attend, he made a bitter speech against it. He de-
dared in opening that the bill ■Aas a "literal product
of 'the Mississippi plan;' th^t the shadow of intimida-
tion" had entered the Senate ; that members of Con-
gress were "acting under the apprehension of vio-
lence, of some great revolutionary act" which would
'*tlireaten the safety and continuance of our institu-
tions." He did not believe "in the reality of the dan-
ger." lie regarded the bill as a compromise which
wotild "take its place alongside of the Compromise of
1820 and the Compromise of 1850." He contended
that Rutherford B, Hayes had been elected President;
that tf he should "be coimted in, as eighteen Presi-
dents were successively counted in from the begin-
ning of ihi? government." there would be "no ;'io!ence
and TKi revolution," In discussing the constitutional
question he admitted that Congress had power to leg-
islate upon the subject, "yet in the absence of legisla-
tion, the President of tlie Senate must count the votes"
in order "to prevent a deadlock/' In support of his
view he quoted from C4iancel!or Kent a statement to
the effect that "in the absence of all legislative pro-
vision on the subject, . . , . the President of the
Senate counts the votes and determines the result, and
... - the two houses are present only as spcc-

1 ffrf^rrf, pp, 7*7-771,

2T2

The Hayes-TUdcn

tatorfi to witness the fairness and accuracy of the
transaction and to act only if no choice be made by
the electors." Morton asked whether the five judges
would be "officers." and whether, if so, they must not
be a|)poinletl as the Constitution prescribes. He ques-
tiontd ihc power of Congress to delegate its authority
m the premises, pronounced the whole sdicmc a patch-
cd-up "contrivance/' and finally waa forced to con-
clude from sheer physical exhaustion. '

Frelinghuysen of New Jersey refused to follow
Morton's lecid, and spoke in behalf of the bill, - After
a few other speeches bad been made, Edmunds asked
for an immediate vote, but the matter was held over
till the next day.^

On (hat Jay, after a speech tn opposition by Sher-
man, * Senator Conkling began an elaborate and cbar-
acteristic spcedi. which filled the galleries with spec-
tators and consumed ihc greater part of two days.
He reviewed the precedents in great detail to show
that in no instance had the president of the Senate
assumed of his own authority to do anything beyond
opening the certificates. He referred to the Twenty-
Second Joint Rule, to the Sherman Resolution of in-
quiry in 1S72, and to Morton's own bill as serving to
show that Congress could regulate the count. He
accused Mnrlon and the other extreii^c RepuWJcans of
seeking to provoke a deadlock as a result of which the

1 itnord, pp, T89-SQ1.
Z Ihid, pp. JfOl-ftOfr.

Aihid. pp, s::o-sas.

Disputed Election of iBjb 213

presiidon of the Senate must act, "If," he exclaimed,
"thcTt was ever a political Hell-^ate paved and honey-
combed with dynamite, there it is." He pointed out
that only a few moitths before Morton himself had
voted for a proposition to import the chief justice into
a similar tribunal. He said he would vote for (he hill
because it was constitutional, would prevent disorder,
and -would be to the lasting benefit of the people. ^

Bayard. Christiancy. Thurman, and others spoke in
behalf of the tnJl. At half-past twelve oclock A. M.
of January 35th Morton, after an ineffectual attempt
to secure an adjournment on the plea of being too ill
and wom-otit lo speak, began his closing argument
against il. In the course of his speech he once more
advanced his theory of the power of the prcsirlent of
the Strnatc. It was impossible, he asserted, to con-
sider such a body as the proposed Commission a mere
committee of Con^rress, He admitted that perhaps his
views upon the count had not alwavs been consistent j
but. said he, "there are no popes in this body." He
could show that every member of the committee had
expressed sentiments different from those contained in
the bill, and he quoted a statement by Conkling entirely
at variance with a portion of it. Any measure, declared
he, which might result Jn the seating of Tilden and
Hendricks ought lo he opposed, because the welfare of
humanity demanded that the Republican party remain
in power, "ft is not to our interest,'' he frankly

1 Jtei;«rd, VO. a2B-BAl, BTI-ITB.

214

The Hayes-Tilden

staled. *'lo depart from that method pursued for sev-
enty-five years simply to give our polilicaJ opponents
advantages and chances whlvh they now have not." ^
But all the efforts of the extremists against the bill
proved unavailinE-. ' An amendment forbidding the
Commission from going behind the returns and an-
other granting it that right were voted down. * A
Hnal vote was taken at y a. m. after an all night session,
and resulted in the passage of the bill h_v 47 to 17. *

Although the bil3 liad been reported to the House on
the same day as to the Senate, its consideration was
not begun by the former body until some days later.
From the 17th to the 24th of January the House de-
voterl most of ils time to debating a set of resolutions
reported by the committee which had been directed I0
investigate and report upon the powers, privileges, and
duties of the House in counting the electoral vote.
These resolutions, which were really the work of Mr,
Tilden.* denied the povver of the president of the
Senate to do more than receive and open the certifi-
cates; they asserted that, on the contran.', tlie two
houses have the power to examine and ascertain the
vote, and held that no return could be counted against
the judgment and determination of the House.*

On the 35th of January, however, the electoral bill

1 ntc<irA. pp. BVI-AflS.

B For li epeech bj- BUlne WftlBBt the Mn fle* JWd, p. BflS-

i Ibid, p, I>13.

D Ble4<|ciw. n, pp. flfi-<«. Tb^ wvnj jiUrhUr chonvod br th«

t Btcord. D. <Ci3>

Disputed Election of lSj6 aij

was at \^st taken up. Mr. McCrary opened the de-
bate with a plea m behalf of favorable action.^ He
emphasized the fact that there was "widespread, hon-
est difference of opinion/' H* pointed out that many
Democrats, including Senators Baj'ard. Whytc, and
Stevenson^ had at one Iimc or another held that in
tlie absence nf legislatian the power to count inhered
in ihc president of the Senate : while many Republi-
canSn including Senators Boulwcll. Dawes, and Chris-
tiancy. had opposed that theory. He showed also tiiat
Democrats like Bayard, Maxey. Whyte^ and others^
were on record as opposing the right of one hotise to
throw out the vole of a state; while many Republicans
were on record as supporting the contested right,
When there was such difference, there might well be
compromise.

Lamar of Mississippi, Harrison and Springer of
Illinois, Watlerson of Kentucky, and many others of
both parties made speeches in behalf of the bill. Han-
ton of Virginia cited the plan of 1800. the Twentj-
Second Joint Rule, and other precedents in order to
show that the hill was constitutional,^ Hewitt of
Kcw York said that "a hundred thousand place holders
in use and an equal number of place hunters in posse
were busily attacking the bill foj the same reason as
did the ** 'Ephesian worker in copper* the early Chris-
tians" — it threateneri ''to spoil their trade." The
very fact that it was said on the Republican side tliat
the bill was a scheme to make Tildcn President, while

3 iDitf. pp. «2&'aia.

2l6

The Hcycs-Tilden

U was said on ttie Dcmocra-tic s^ide dial it was a plan
to make Hayts President, was, he diought. **iire proof

of the plan's fairness. ^ Other speakers expressed the
belief that the bill offered the only hope of escape from
a dual government and civil war, ^ Hill of Georgia
said the South was for ^zc^, ^ and the sentiment was
approved by most of the speakers from that section.

Hale of Maine, Knott of Kentoicky, Monroe of Ohio,
Townsend of New York, Mills of Texas. Hurlbut of
Illinois, Garfield of Ohio, and others spoke against
the bill. Mills declared that the Democrats should
have taken a bold stand on the powers of tlie House;
he objected chiefly to the provision that no vot« could
be excluded except by the concurrent vote of both
houses.* HuHhut thought that in arranging for the
choice of the fifth judge Congress had "gravely in-
augurated the great national game of draw." ^ One of
the chief speeches in opposition was that by Garfidd-
He saJd in part:

"The Senate at Rome never deliberated a moment
after the flag was hauled down which floated on the
Janiculum Hill across the Tiber. That flag was the
sign that no enemy of Rome breathing hot threats of
war, had entered the sacred precincts of the city j and
when it was struck, iJie Senate sat no longer- The
reply to war is not words but swords.

"When you tell me that civil war is threatened by
any party or State in this Republic, yau have given
me a supreme reason why an American Congress

1 Record, pp. *4e-B<B,

1 See. ror example. "WatiflrBon'i speecli- JB«, p.

I Ibid, pp. irtftS-lOOfl,

ilb\d, p, 1*0S.

1M7.

Disputed Election of iSyd

217

should refuse with unutterable scorn co listen to those
who threaten, or to do any act whatever under the
coercion of threats by any power on the earth. With
all my soul 1 despise your threat of civil war, come
it from what quarter or what party it may. Brave
men, certainly a brave ration, will do nothing under
auch compulsion."^

But, just as in the Senate, the opponents of the bill
found themselves powerless. The pressure of public
opinion in favor of compromise was well-nigh irre-
sistible, and a perfect hurricane of petitions was sweep-
ing into Congress. ^ The Democrats were alinost
unanimous in favor of the bill, and the Republicans
were not able to muster their full strength against it.
When a vote was takeji on January a6th» tlie bill was
pafsed by the overwhelming majority of 191 to 86. *

A study of liie vote in both houses shows unmis-
takably that the bill succeeded by grace of the support
given it by most of the Democratic members and by a
comparatively small number of Republicans, In the
Senate 26 I>emocrat3 supported it. and only one oppos-
ed it; in tlie same body 2: Republicans supported it,
and 16 opposed it. In the House 160 Demncrats sup'
]>ortcd it and 17 opposed it: whiJe only 31 Republicans
supported It. and 69 opposed it. In the light of these
figures it seems almost fair to call the act a Democratic
measure. * Whatever, tijerefore, should be the out-
come of the labors of t>ie tribunal thus created* it
could reasonably be held that the Democrai.^ were in

1 iSfCord, p. 5tS.

2 ihta. pp. ai3. 9<n. *4fl. b49. 1024. 1049, et^.

I/Md, p. HS«.
4 For » dlHUUlOD ttt Uili nimtt^r bH BtB[nft LI, p. SIT.

2l8

The Haycs-Tildcn

honor bound to ac«pt its dcGsions and aWde by
them.

Unquestionably one o£ the chief factors in the Dem-
ocratic support of tlic measure and tlie Republican
opposiiion to it lay in the prevailing belief that Justice
David Davis -would be the tilth representative of the
supreme court. '*ln the ponderous Illinois jurist
were centered the hopes of Democracy, the apprehen-
sions of Republicanism/" But it has well been said
that all things are uncertain in love, war and politics —
especially in politics. At the capital of Illinois while
the bill was still pending occurred one of Iliose unex-
pected events which so often seem to change the course
of history, ' In that city the supporters of General
Logan had for some time been vainly trying to secure
his re-election to the Federal Senate, The situation
was complicated by the presence in the legislature of
five Independents, who held the balance of power.
For more than a week the balloting proceeded without
result. Dnring that tiTOe a few votes were cast for
Judge Davis- On the 24th, the day before the elec-
toral hill came up in the House at Washington^ the
Democrats at Springfield, with strange fatuity, began
to regard him as the proper man on whom to form a
combination^^ and on the following day he received

1 ABHUmina. of eoarae, ihpt Davli would have voted with tli«
Dptnocrailc memberH In Hi leiiHt one vofi^^ In b Iplter wrlUH)
to Mr. Joffi'ph M- Rogtrp |he luie Scnnlor Hoar vxprDBBt-d tbo
|j«lltC (hill aliic? DaviB "was u KTtat lavvytr unil ac htarl a tery
^□rneBt Republican, .... he wouJd , , . _ hfive n«V4r
Bsrted \i} uny uthT declnlon ihca (hat ic nhlcb Uie majority oT
the Commifi^lrtn oame."

£ Ur. n«wUt belteveiJ to Qie day of htn doaUi tti«t Ibv elfc-
tlon of DavlH ifhh Ih* tcbuU of a corrupt targaLi

[aLn engtn- I

Disputed Election of l8y6

219

(he votes of ihree Inclepcndems and of the 98 Demo-
crats, making exactly a niajoritj'.*

The news came as a stunning blow to the Demo-
cratic leaders in Congress; for they realized thai the
election rendered him in a certain sense inelig-ible for
a place upon the Commission, and tha4 the fifth judge
would of necessity be chosen from out-and-out Repub-
licans. ^ But they had committed themselves too far
to recede ; and, still hoping for the best, they voted for
the bill. L^ter they realized more fully that this bit
of gauch^rU on the part of their compatriots on the
broad prairies of the West had probably exercised a
(Jetermming mfluence in deciding whether the Repiib-
tican or the Democratic party should during the en-
suing four years control the goTernment of the Amer-
ican people.

t^red itj Bfrti. Morlco ta gtt D&vla off tbt Commlvelon And k-

cure n Dflmiwrfli In TiU 0imv. Mr. Hewitt left An artirte on
(hv dlaputP^ ^li^iLon, which l> sornttlnnp fi>'b« putillahed, M which
h« ^vf'ii hlq vlf'tr of iMA matc^r. Sef n.lao lirjcelov. 1L Ti ft*.
Mr- J'aulki^. Morton's bloflrapbL^r, eaye hf Ivan found no evl-
d«TUv to siirpnrt th*' mnry. 11 BeemH nmirrty impfoi^jiiiifr.

1 KPw Tofh Wnria arnl T(Jfc** of Jan. SBih and IBth : Annual
Cjfclf^paediar 1S7?, p. 383.

2 "Tb? writer,'* eaya Ur. Northmp, "vlU nsTvr fors^t the
drnri in tlie «mni<-nance of the l-Ton. Abrani P. Flewltt. wlio had
ehsrfn of Tdilen'e oftmpfilan» whon. mc^Uns him In ihfl han ct
the Hou8? nl IliT'>'^''i>[imvr?i, he Jnfsfrmi^ him ul JuOk*.' Davln'a
Iranpftr from iht Supreme Court to the Scnat*,"- — Cmlurj/, XL,

CHAPTER XI

^ICHT TO SEVEN

President Grant approved tlie Elettoril ComniissiQii
bill on the agth, and in doing so expressed to Congress
his great satisfaction at the adoption of a measure
that affords an orderly means (or deciding "a gravclj
exciting question.*''

On the following dav each House proceeded by z
vii'a voce vote to designate five of its members to sit
upon the Commission,* Th« House chose Pavne of
Ohio, Hunton of Virginia, Abbott of Massachusetts,
Democrats: Hoar of Massachusetts and Garfield of
Ohio, Rrpublicanif. The Senate seleaed Edmunds of
Vrrmonl, Frelin^huysen of New Jersey, Morton of
Indiana, Repuhlicans; Thurman of Ohio and Bayard
of Delaware, Democrats, All these gmtlemcu had, o£
course, been previously designated in party caucuses, '

Naturally each caucus had done its work with ex-
treme care. It occasioned some remark at the time
that the caucus of Senate Republicans had not chosen
Conkling, The claim was later made that the reason
why he was not chosen was that he believed Tilden

1 RvDOTd. a IDBl.

2 ProcwNUojca of Uia BleQi.oral CommlMlon, pp. 6-6.

3 World uid T4m» of Jan. llVa. StUi. uid 30Ul

The Disputed Election of iSjb

had been elected. But this seems rot to be the cor-
rect explaijatiun. A more probable one 15 tiiat lirst of
all he was a "Conkling mar;" his popularity in the
Senate was not great : he had been indifferent to Hayes
even during the campaign ; ^ and it was known that he
thought it wouJd be better politics, since the title was
in doubt and there had been fraitd on both sides, to
yield the Presidency to the Democrats.*

On the same day the four justices — Clifford and
Field, Dcmotrais: and Strong and Miller, Republi-
cans — while not greatly relishing the work tliey had
been called upon to perfomt, met together to select
the fifth justice. It appears that they offered the
place to Justice Davis, but that he» being averse to
accepting the responsibility, refused it and based hia
refusal on the fact that he had Just been elected sen-
ator by the Denxicrats. The justices were then for
some rime unable to agree upon a substitute; there
seemed a possibility that the whole plan of settlement
might be blocked:* but at lengtli they selected Justice
Joseph P. Bradley, of the fifth judicial circuit Justice
Bradley was tlie most acceptable to tlie Democrats of
any of the remaining justices : for he was by no means
a partisan, and in some of his opinions had shown
himself out of sympathy with the radical Republi-
cans,*

1 Afttt. p, 1A, nat«.

: CunkUhs. Life And L^Urrv of Rrjscoe Cankllns. p, B3I-

A more pronounced Tk'Bf, — Hoar. H, p- 44.

3ifcr/*r?>. XXIII, D. 83,

4 N■^w Vortc tVoHd of FVb. lirL In Ui? nfilnlan t*t that paper
BrAdU<y frut nol BallBracUirT lo lh« R^publlcajin It ^xpr^aed
giWTiri «v«r hi* ohclH. Bh %Xm> ^IfoMkr, LXXIL p^ »S).

222

The Hayes-Tilden

Thursday, Febniarv rst, ^e day art by the law for
the count to begin, saw a great crowd of sightseers
in the hall of the House of Representatives, In the
diplomatic gallery were Sir Edward Thornton, the
English minister; die Japanese and German ministers,
and other foreign representatives, together with iheit
suites an*! members of their families. Tn the other
galleries sat the wives and relatives of congressmen
and of the cabinet officers, and persons of lesser note.
On the floor itsdf were Justices Field and Miller of
the Commission, Jeremiah S. Black, jurist and member
of Buchanan's cabinetj J. D. Cameron, the secretary
of war. Charles O'Conor of the New York bar.
George Bancroft, diplomatist and historian, General
Sherman, and many other dislingm^ihed visitors.

At one o'clock the door-keeper of the House an-
nounced the Senate of the United States. That body
then entered the hall, preceded by their sergeant-at-
arms, and headed by their president and secretary, the
members of the House standing to receive them.
Upon reaching the desk the president. Mr. Ferry, in
accordance with the law, took the speaker's chair;
Mr. Randall, the speaker, occupied another immedi-
ately on his left; the senators sealed themselevs in
(he body of 1:he hal! on the right of the chair; the
representatives and visitors filled the remaining floor
space; the tellers, — ^fess^s. Ingalls and Allison for
the Senate and Messrs. Cook and Stone for the House
— the secretary of the Senate, and the clerk of the
House took seats at the clerk's desk ; the other officers

Disputed EUclion of iSjO 223

were accommodated in front of the dcrk'a desk and ca
each side of tfie speaker's platform, ^

Mr. Ferry then called the joint session to order,
and the historic count began. The votes of Alabama,
Arkansas, California, Colorado, ConneciicW, and Del-
aware were dedaretl and counted without special in-
cident: the proceedings were somewhat tedious, and
there was considerable talk and confusion on the fkior
and in iJie g-allencs. But as the count of the voles of
Delaware was completed a hush fell over the hall,
and there w^as a great craning of necks in ^e galleries.
Florida had been reached.

From Florida there were three certificates: one from
the Hayes electors, regular in form because certified
by Governor Steams and Secretan' of State McLin;
one from the Tilden electors, dated December 6th,
but confessedly irregular in form, though certified by
Attorney- General Cocke; one from the same Demo-
cratic clcdors, dated January' 26lh, 1877. certified by
the new governor, Drew, and containing a copy of
the act of January 17th. the certificate of the stale
canvassers who recanvassed the vote under that act
and a reference, tn the governor's certificate, to (he
judgment of the circuit court in the quo warranto pro-
ceedings against the Hayes electors, ^

Objections were at once filed against each of the
certificalcs, and the Democrats also filed a special ob-
jection against the reception of tlic vole of F_ C

1 Pro<v«4l1nrii' vp- fi->>

2 ibta. pp. 10-34.

224

The Hayes'Tilden

Humphreys, one of the Hayes electors, on the ground
that he was a Federal office-holder, and was therefore
ineligible. The certificates, objections, and all other
papers were then, in accordance with the law, referred
to the Elecloral Commission. "■

That tribunal had already met and organized, with
the venerable Justice Clifford, the justice "longest in
commission"' as president.^ The sessions were held
in the room usually occupied by the supreme court.
For the sake of the future historian the spectacle pre-
sented by the Commission should have been a splen-
did one, but rt wag not. If the official painting, which
now hangs in the Capitol, be a true representation, tJie
sight was far from imposing, ' We arc distinctly told
by an eye-wJCness that the proceedings furnished little
ihat was "unusual, iiniijue, picturesque, or dramatic,"*
Attempted descriptions along the line of Macaulay's
passage on the trial of Hastings are therefore mislead-
ing. ^ To be sure, the room itself was the same which,
as the Senate chamber of other days, had ^'resounded
with the eloquence of Clay and of Webster;" but it
was much too small for the audience which now filled
it^ and even the bench was insufficient to accommodate
all of t^ie fifteen judges.^

] For tbe objections sec PrA^erdlnflB. pp. tt-Ifi.

i fbfd, pp. S-9. The law m provided.

5 Palnti^d by Urs. C. AdeEc PasnoCL who nudB Ekett^he^ ditrlnr
Uia gflflBlDiifi and ktlot BKiiroi] alttlnfEB troip moBE of Iha dls-
i1tiA[ii|iih«ii pardcliMniB. For mi aecuuni of ihv pjLlELtmir ano ■
"key" BH Maffatinn of Anrrrican BintoTj,, KXVJl. pp. Si-^l.

4 Times of F^b. OtlL

fi Bffraid of Vsh. 11th.

I OwlDff ta iBfk at Ufhtlng tixiiltifa Ir tti» CAort roam- boeb*
qX the evtning i^Balona wrra bold la the Beaatn chftuibQr'.

Disputed Election of l8j6

The pTCceedings were more notable for the eminent
character of the partidpairts than for any dramatic
or spectacular interest. All the members of the Com-
missiofi were men of broad experience and high legal
attainments. Of the five from the Senate, two, Thur-
man and Edmunds^ were unsurpassed as constitutional
lawyers; a third, Bayard, was to be a secretary of
state, a minister to England, and several times a for-
midable candidate for the Presidential nomination;
n'hile a fourth, Morton, had approved himself the
greatest of "war governors," ^ and now, though par-
tially paralyzed, possessed a will which triumphed over
all the infirmities of the body and made him one of the
most feared leaders of his parly. Of those from the
House, one was soon to be honored with the exalted
position for which the contest was now raging; while
another, who has bul rcccnily gone from among us,
was a man who in spotless integrity and .singleness oE
devotion to his country's service was iJie peer of any
man who has ever represented the great state of Mas-
sachusetts.

The counsel who appeared for the contending parties
were scarcely less eminent than the Commission itself.
Among those for the Democrats were Charles O'Con-
or, Jeremiah S. Black, John A, CampbelU once asso-
ciate justice of the supreme court. ev-Senator Lvinan
Trumbull of Illinois, William C. Whitney of New
York, and Richard T. Merrick of Washington. Fore-
most among the Republican counsel was the astute

1 &o tbcnubt GtAntoD and Cba». — Lettrt at Ch*«fl (a UvrtvB

226

The Hayes-Tilden

and learned William M. Evatts, leader of the New
YorW bar. defender uf Andrew Johnson, cx-attomey-
general, and soon to be secretary of state. He wai
ably assisted hy Edward M. Sloughton of New York
and by Samuel Shellabarger. the persona! representa-
tive of Hayes, and by Stanley Matthews of Ohb,
Some of the best known of the senators and represen-
tatives includinE: Montg-omery Blair, J. Randolph
Tucker, Gcorfi^ W. McCrao". David Dudley Field
John A- Kasson* and William Lawrence, appeared be-
fore the Commission as objectors to the various cer-
tificates.

The objcdions to the Florida certificates were heard
on the 2d. The Democratic objections were pre-
sented by David Dudley Field of New York and by J-
Randolph Tucker of Virginia. Mr, Fieldn who was
the first to speak, asserted that in a peaceful and
orderly election the Tilden electors had been chosen
by a majority of the votes, but that through a "sort
of jugglery" a false certificate signed by the former
governor of the state Iiad been sent up by the Re-
publican candidates. He then entered upon a detailed
account of the sharp practices resorted to by the Rt-
pubfican canvassing officers in Baker county and
charged that the returning board had manufactured
a majority for Hayes. He also laid stress upon the
qtto ivarranto proceedinjrs which had resulted in a de-
cree by a district conn in favor of the Tilden electors,
and told of the later canvass of votes by the new re-

turning board created for the purpose by the new legis-

Disputed EUctxon of lSj6 227

lature> The certificate of Governor Steams, he ar-
gued, formed no barrier against the investigation of
the facts by the Commission, for ihe governor's cer-
tification was done in accordance with a Federal law
which did not provide that his certificaie should be
conclusive evidence. The Commission could, there-
fore, go belli nd the certificate and overthrow the
"fraud." ^ Mr. Tucker, the other objector, |K>intcd
out that the powers of the tribunal, in accordance
with the act creating it, were exactly those of the two
houses of Congress; these powers, he ihoug-ht, "are
not less than the powers of a court upon a quo zvar-
ranto proceeding/* In every appointment or election,
he argued, there are tivo elements: first, the elective
fuficlior, and second, the iletermining function.
Whenever the determining authority acts illegally such
action mi:5t be set aside. The determining authority
in Florida had so acted, and its action must be set
aside by the Commissior. Since the canvass made by
the retnrnin^ board had been declared illegal by a
court in quo 'ivarranto proceedings, the judgment of
the court must be accepted as final. He dosed by
stating the Democratic objection to the vote of the
alleged ineligible Republican elector, '

Representatives Kasson and McCrary appeared as
the Republican objectors,^ The certificate ?ent by
fhe Hayes electors, argued Mr. Kasson. was the only
regular one. The secord was irregidar, because

I Proc^vdln^, ftp. lG-<£.
1 For Ibelr reipftcUira ipeechH

««• r^a. rp. S4-«i wui <«-ti.

228

The Hayei'Tildcn

"Bigned by an officer rot recognized by the laws of
the United Statts nor by the statutes of Florida as
a certifying ofTicer." The third ^as "still more ex-
traordinary . , . . a cerlificate which is tlior-
oiighly f.r l^ost facto, certified bv an officer not in ex-
istence until the functions of the office had been ex-
hausted; a certificate which recites or refers to pt^ster-
ior proceedings in a subordinate court and in a super-
ior state court, the latter expressly excluding the
electoral quenion ; a certificate which is accompanied
by that sort of a return which a canvassing board
might under some circumstances report to the slate
officers, but which has never been sent to the Congress
of the United States or to the President of the Senate
for their consideration in the hundred years in which
we have been a Republic/' The Republicans were
prepared to meet the charj^es of fraud that had been
brought. The Democratic objectors had spoken of
Baker county but had neglected to mention the train-
load of ncn-resident Democrats ^"ho had voted in
Alachua county. He denied, however, that the Com-
mission had power to investig-atc such maJitrs; it must
accept the regular return certified by the stale author-
ities; it could not go behind the action of the slate
canvassers because the Constitution provides that each
stale shall appoint its electors "in such manner as the
legislature thereof may direct/* Mr> McCrary, in
his speech, attacked the theory put forward by his op-
ponents that the Commission possessed the judicial
powers attributed to it by his opponents- He held

Disputed Election of lSy6 229

also that the Republican electors, under color of title,
had met and voted on the 6th of December, and had
thereupon become funrii officio; all suhseqiietit pro-
ceedings were of no effect; the acts of the declors,
in accordance with the law of <^cers, must stand,
€vcn though it be admitted for the sake of argument
that they were only officers de facta and not de jure.
While contending that the Commission should not take
cognirance of the proceedings in quo warranto, he said
that if the Commission did decide to do so, the Repub-
licans were prepared to show that an appeal to a
higher court was then pending. As regarded the case
of the alleged ineligible elector, Humphreys, he
slated that it could be easily proven that Mr. Hum-
phreys had resigned the office before the election; he
objected, however, to the subject coming before the
Commission because there were "no papers accora-
panyin^ any of the votes, or papers purporting to be
voles/' that related to the matter.

When the counsel began tlieir arguments on the fol-
lowing day, this vital question of the reception of evi-
dence at once arose, and as it had to be decided before
any progress could be made, the whole attention of the
Commission u'as turned to it. In their arguments' the
Democratic advocates showed themselves, for once,
strangely indifferent to the sphere of state powers.
The evidence they wished to bring in was of two

] FCtt- fli« Dpmoc^rall? irffuinpTilR bp* Pr«><vH3]riCS, pp A4-101.
lEl'lll. For Ihrlr briflffl k« ttp. T3B-TT4- Nooe of thew
tirt^fn wan flf^Tninl pntlT¥(y to ihia matter of Ibe reCPptloa ot
avldpn««. but &U [oticb«l upon It^
U

The Hayes-TilJen

kinds: first, that which was contained in the variotis
certificates received from Florida; and, second, ex-
trinsic evidence taken by the investigating comrnirtee
of the House of Eepresenia lives, or evidence to bt
taken by tlie Commission itself. The certificate of the
governor, argued they, was not conclusive; it was
merely required by a Federal statute, which must have
been passed as a precautionary measure, for the
Constitution itself provides for the return by the
electors themselves. Under the circumstances of the
present case the Commission must make an investiga-
tion in order to determine what votes should be
counted; "any legitimate evidence going to determine
the true votes is.'* ilicy held, "proper and competent
evidence before this tribunal/' They pointed out that
In 1873 a Senate committee had gone behind the cer-
tificate of the governor of Louisiana, had found that
the returns "had never been counted by anybody hav-
ing authority to count them," and that with this report
before them Congress had excluded the vole of the
state. This precedent^ the Democrats contended, was
sufficient proof of the right of Congress and the Com-
mission to receive both kinds of evidence; but they
said they would, in the case of Florida, ask the recep-
tion of no extrinsic evidence save upon the rejection
of certain returns by the returning board and upon the
ineligibility of Mr. Humphreys. They suggested that
the Republicans would need to offer in rebuttal no
extrinsic evidence save upon these matters and upon
the fact of the appeal from the decision in quo war-

Dijputcd EUction of IS76 23 T

\to. This Tvas intended to meet the Reptibllcaa
argument that* aside from constitutional reasons* the
reception of extrinsic evidence would from the very
vastness of the labor involved be impracticable.

The Republican advocates, on their part, advanced
"strict construction" views wbidi were quite as un-
wonted as were the "loose construction'* arguments
put forward by their opponentSn ^ Wkh admirable
acumen and calculation they placed themselves square-
ly upon the line of division bctv^een Federal and
state powers. They accepted the position so painfully
constructed by the Democrats on the question of the
power lo go behind the governor's certiiicaie; this
could be done» said they, because the governor acts
■in that matter in obedience to FecTeral law and his
action is therefore revicwahle by Federal authority.
But, they pointed out, this does not apply to the choice
of the electors; that is a matter wholly under state
control, for the Constitution expressly declares that
electors shall be appointed by each state "in such
manner as the legislature thereof may direct,"

Up to "the completion and consummation of this
appointment." argued Matthews, ''the state alone
flcts. That last act completes the appointment, and
that appointment completed and finished is unchange-
able except by state authority exerted upon that act
within an interval of time; and what is that? Con-
gress, under idat Constitiition of the United States, has

I For the RfipubUcan aivunieDta jwv PTOCeftdlnn, pp. 101*
134 uid ]3fl-117.

232

The Hayes-Tilden

iiad reserved to it control in certain particulars over
this appointment; that is to say, it may designate the
day on which the appointment rnay be made, and it
shall designate the day on which the electors so ap-
pointed shall depo&it their ballots for President and
Vice-President- In that interval I do not know and
I do not care to discuss, I will neither deny dot af-
firm, but r am willing to admit, any and everything
that may be claimed on the other >ide as to the ex-
Jstcncc of state authority to inquire into and affect
^at record." But he contended that once the day
had passed when the body which according to the
forma of law had been mvesled -with the apparent title
to act had accomplished the purpose for -which it had
been brought into betrg^ then that transaction, so iar
as state authority was concerned, bad passed beyond
the limits of its control. ^

In case of conflicting returns Congress might in-
vestigate to see which one was the true one, but its
investigation must stop with ascertaining the deter-
mination rcacheil by the authority empowered by stale
law with that function. Its duty was merely "^o
count the electoral vole, and not to count the votes
by which the electors are elected/' To attempt to do
the latter would not only be unconstitutional but would
involve difficulties which would be insuperable.

On the question of receiving extraneous proof re-
garding the eligibility of electors the Republican coun-
sel held that while Congress had power to make a law

I I^MMdJnfft. p- lOJ,

Dhputed Election of 1876 233

[providing for the reception of sudi proof, there was
(no such law and therefore sucH proof must not be
received- The injunction against appointing; persons
holding Federal offices, they argued, *'does not exe-
icute itsetf under the Constitution, and if unexecuted
in the laws of the state, is only tO' be executed by
laws of Congress providing Ihe means and time and
place for proof and determination on the fact of dis-
qualification." ^

I The hearing on the question of receiving evidence
Vas concluded on the afternoon of Monday, Febru-
ar> 6th- The Commission reserved its decision until
the following Wednesday- In the meantime there
was great impatience in Washington and elsewhere to
learn what stand the Commission would take, for upon
^B that stand hinged, it was believed by many, the final
^P decision.

Through a peculiar misapprehension the Democrat^*
^—believed for a time that their cause was won. Tn mak-
^Kng up his mind- Mr. Bradley, following a not unc^m-
^^mon custom among jurists* wrote out what were in
^'effect two ofMnions giving the arguments on both
«de9. A Democratic member learned of the opin-
ion giving the Democratic arguments and inferred
Justice Bradley was siding with the Democrats.
*hc joyful news was carried to Mr, Hewitt. There
IS jubilation among the Democrats, Bradley waB
just judge — a veritable "Daniel come to judg-
lent." But hasty inferences arc apt to prove mia-

t FrofD Bpeecti br E*«n4. ProcMdloc*. DP- IIT-lH.

The Hay^s-Tilden

leading. On the following day, when Justice Miller
moved, "that no evidence will be received or consid-
ered \ty the Commission which was not submitted to
the joint convention of the two houses by the presi-
dent of the Senate with the different certificates, ex-
cept sudi 3s relates to the eligibility oi F. C, Hum-
phreys, one of the electors/' Bradley voted with the
Republicans; and the order was carried by 8 lo 7. ^
From -dial time forward Justice Joseph P. Bradley
was in the eyes of Democrats an "unjust judge," a
"partisan," and the cry went forth from the house-
tops that he had been bribed. To give color to the
bribery story, it "was alleged that on the night prior to
the decision his house had been surrounded by the
carriages of Republican politicians and Pacific Rail-
road magnates, and that as a result of "pressure'*
brought to bear upon him at this time he had changed
his views. There was not one iota of proof brought
forward in support of the charge, but Democratic
newspapers took up the story, and Jvistice Bradley's
whole after-life was embittered by it.'

Upon one question, however, namely that of receiv-
ing extraneous evidence relating to the alleged incli-

1 prececdiDBB* pp. las-iae.

2 The ^Qw Tork 8bH was ovTBdaJly aot1v« In keepLn^ t)i«

filarr jiUvv. .SHf Li<v-|h» Ulaf]c[luni^i]B WrUIii^ at Oii; L^iP Hon.
Jco^i P- BrsidlT. PP -^C-???. fcr a l-«er written hv BriLdtey
10 lilt Newark Dniiy JJiTrfiier of Sept, S. 1S77, Blfftlow. Til-
din, n, p. *F1, Hlnte* ihr,t. TtMpn ^nlr) him that he bad b»n
oFTpt^ Uie vote or a znomtwr of the supr^mi? court IpreaunublT
6rH.dle/> »n the qUPBtl-^n of ^Fns hehlrd the return* for
tSdC.Ol^O' If three W4fi vu^li an uSer, It wa^ riia.de by uds oC
thcwe InvBponiilble p^^reftn^ T-tao wpre no ftpllv^ JuBf then la
tr/in( to engin^r corrupt ^ar^aint nltbout odj autborttj frvBi

Disputed Election of J8j6 235

gjbility of Mr- Humphrfys^ Mn Bradley voted with
the Democrats, On the foUowirg day the evidence
was taken. Il showed conclusively that Mr. Hum-
phre}'s had been shipplDg commissioner of the port of
Pensacofa. biit that on the 24th of September he had
sent a leller of resigiialion to the Federal circuit judge,
wlio was then on a visit lo Ohio. The resignalion had
becit accepted on the 2d of October^ and Mr. Hum-
phreys had turned over the books and records to the
cotlector of customs and had ceased to perform the
duties of the office. The Democratic counsel did not
deny these facts; but they raised the technical objec-
tion that the resignation was not valid because made,
not to the appointing power, the circuit court, but to
\e absent judge^

In the linal hearing upon the Florida case the coun-
sel for both parlies tnade use of substantially the same
arguments that have already been set forth, ^ The
Republicans once again claimed that theirs u-as the
only regular certificate; that the first Democratic cer-
irficale was confessedly irr^ular; that the second was
^'a posthumous certificate of a post-mortem action,
never proceeding from any vital or living body of
electors, but only from the galvanic agency of inter-
ested party purpose, taking effect after the whole
transaction was ended." ^ The quo warranto proceed-
ings, they held, were not before the Commission;

I Far Uie flniU ur^nimenii on boUi bLO«i bp^ PrownliTicv, w.
ItS-lOS. e«« BiBO X>4iJiocraElc brlefi N<«. 1. 3. and 4, pp. 7I&-

IBv&rU, JW^. p. ITf,

The Hayes-Tilden

even if they were, they were wholly fost hoc
and. furthermore, had been appealed from. If such
fost hoc proceed inifs were to be of any cftect,
it lay in the power of any partisan nisi pHus
court to reverse an election and even to un-
seat a President after he wa& inau^rated. In reply,
the Democrats admitted that the quo warranto had
been decided after the eleclors had voted, buC they
claimed that service bad been made before the act.
The Tilden electors, they declared, had been recog-
nized hy all the departments of the slate government;
and their votes must be received and counted-

The hearing in the Florida case was closed on
Thursday, February 8th. Next day the Commission
met behind closed doors and argued the question for
many hours. ' On one point, namely the eligibility
of Mr, Humphreys, there were three Democrats —
Thurman, Bayard, and Clifford — who were willing
to take the Republican view ; ^ but upon every other
important question the Commission divided on strict
party lines. And on strict party lines the Republicans
had a majority of one. By a vote of 8 to 7 it was
therefore ordered that the four electoral votes of Flor-
ida should be counted for Hayes and Wheeler.* The
grounds of the decision, as stated in the report to
Congress, were as follows:

1 PFOoo^EnRB. p. ISt. For the aplnloat In tb« FlcridA cbH
AM Pik 317. 8S3, lU. B&5, 901> 9S£. 9S€. 9it. 9T4, tB<, laoG.
iQil, 104^, ThH« opinions wei-A 4eLrv«rei arul^r Ekoh mem-
ber later wrote odI wh&C be L&il vatd,
S/b(d, pp, 194. Sil, 14£>.

%nid, pp. iii-i»i.

r 3f^ Disputed Election of iSyb 237

ir "That it \% not competent under the Constitution and
the law, as it txi5ted at the date of the passage of
' said act, to go into evidence olwide the papers opened
.^ by the president of the Senate in the presence of the
two houses to prove that other persons than those
regularly certified to by the governor of the slate o£
Florida, in and according to the determination and
declaration of their appointment hy the board of state
canvassers of said slate prior to the lime required
for the performance of their dutiesj had been ap-
pointed electors, or by counter-proof to show that they
had not, and that all proceedings of the courts or acts
of the legislature or of the executive of Florida sub-
sequent to <he casting of the voles of the electors on
the prescribed day, are inadmissible for any such pur*
posc^^^^^- —

**S5 lo the objection made to the eligibility of Mr.

Humphreys, the Commission is of the opinion that.
i*'ithout reference lo die question of the etTect of the
vote of an ineligible elector, the evidence does not
show ihai he held the ofTjce of shipping-commissioicr
on the day when the electors were appointed/'^

When the report of the Commission was read in
joint session on Saturday, February loth, Mr Field at
once submitted an objection, signed by the requisite
number of senators and representatives.' The two
houses accordingly separated to decide upon the ob-
jection. The Senate soon decreed by 44 to 25 that
the decision should stand.' But in the House the
Democratic majority were much exercised over the
decision; and against the protests of the Republicans,

1 PrcFCf«dlncB. p- lift.

3 ibf4, HP. aOO-I«L

1 JfeHvrd, pp. 14Ta-HTT»

238

Th€ HcyeS'Tilden

a recess was taken over Sunday in order that the Dem-
ocrats might have more time for deliberation. ^ On
Monday some of the more indicant members irreg-
ularly attempted to have the questions resubmitted to
the Commission. 2 Others were for not having any-
thing further to do with the tribunal. After much
denunciatory talk the report -was rejected by i68 to
103.3 But, as the act provided that a decision should
stand unle55 overruled by both houses, the votes of
Florida were, when the joint convention reassembled,
counted for Hayes,*

The count of the states then proceeded unchaJ-
lenged until Louisiana, was reached. From Louisiana
there were four certificates^ or papers purporting to be
such.* The first was the original certtficate made by
the Republican electors on December 6th and certified
by Governor Kellogg; only one copy of it was in the
hands of the president of the Senate, for, as already
explained, the copy sent hy messenger had been carried
back to Louisiana, The second, of which there were
two copies, was from the Tilden "electors,'" and was
certified by "Governor" McEnery. The third, of
which there were also two copies, was the antedated
Republican certificate, in which, although the Demo-
crats knew it not, two signatures were forged. The
fourth, received by mail only, was from "John Smith,

1 iZMord^ p. 1487,

2 A rHinliiTlan To that pffpct

a Ihid. p. 150?.
4 llfid. V- 1G03-
[ PraG««dlD£B, pp^ lOE-311.

wsfi affered by Fmrmr Kaolt-—

Disputed Election 0/ 1S76 239

bull-dozed governor of Louisiana,'^ ccrlKying that the
vote of Louisiana had been cast for Peter Cooper.
This certificate was suppressed, but its announcement
created considerable nierriment, and the Democrats
later claimed that it had purposely been sent in in
order to distract attention from the Republican cer-
tificatcs. * 'Hiree objections were submitted against
the Republican certificates, one against the Democratic,
and the whole case was then transferred to the Com-
mission. *

The objectiot>s offered to the Republican returns
before the Commission were many, complicated, and
not entirely consistent whh one arotber. ■ Tt was
claimed that at the lime of the election there bad been
no law "iti force directing the manner in which elcc-
tots for said state should be appointed." In tbc elec-
tion which had taken place the Dcmocrutic electors
had received a majoriiy of votes; hence "the Ijsla
of names of electors made and certified by the ^aid
William P, Kellogg, claiming to be. but not being,
g'overnor of said siate» were false/" The canvass
made by the reluming board was illegal and void -—
because the statutes gaw that body no power to can*
vass the vole for electors: because such "statutes, if
construed as conferring such jurisdiction, give the re-
turning officers power to appoint electors, and arc void,
as in conflict with the Constittition, which requires

1 H. A. R No. 110, 15th Conff. id 8a4t, p. Bfl,

• ProwedlnB^ pp, 3I2-21T.

tPor Uie written cib]««Uaafl «*• JHJ, pp. Sia-UCt for th« onl
pp, Ul'l«].

240

The HayeS'Tilden

thai electors shall be appointed by the state;'* because
the board had no right to exercise discretionary
powers; because the board consisted of but four
persons instead of five, as the law provided ;
because the board usurped jurisdiction tn cases where
protects had not been properly filed ; because the board
i]]egaJl> and fraudulently changed the result; and be-
cause a member offered to receive a bribe- The votes
o£ A. B, Levissee and O, H. Brewster were o£ na
effect, because on the 7th of November both were fed-
eral office-holders and therefore ineligible ; the voles of
Oscar Joffrion, J, H. Burch, Morris Marks, and W. P,
KeUo^ were likewise void because all of these four
persons held stale offices and were ineligible under
state law. None of the Republican votes should be
counted because at the time of the appointment of the
Republican electors the state did not have a repub-
lican form of government

The Republicans brought forward no such compli-
cated and elaborate list of objections against the Dem-
ocratic certificate, * They contented themselves witli
defending their own certificates and with pointing out
that the Tilden electors had not been declared elected
by any state authority, that McEnery, who certified
their vote, was not governor, for Kellogg was the
real govemcir, having beer recognized by rhe state
authorities and by every department of the Federal
government. ^ While asserting that the Commission

\ Tot written protent nee Pn>c«edlQffa. p. !1T ; for onJ cb-
JecUDoa see op. Zil-Ziit.

a tbid, pp. fll rifl. 2^t-2U.

Disputed Election uf lSj6 241

ust accept the returning board^s decision and musl
tot atteinpt to investigate the conduct of the eleclion*

c Republican objectors look time to reply witli vigor
tlic Democratic assertions regarding fraud. Sen-
ilor How«, who had been one of the Senate investi-

ting committee, vividly described the imiTrndation tn

me of tlie parishes. There was, he admitted, tn re-
\y to a statenieii^ made by one of his opponents,
''*niore llian one foul stream to be fiiund in the stitc
of Louisiana, Coming right Irom tliat state. I know
of other ant] larger streams which arc not merely
dirty but art very bloody. I wouJd be glad if in this
(ribunal or in any diere was power to say that only
pure water should run anywhere ; but the power docs
not reside in any human tribunal, I want ycur
stream!! -A\ purified as soon as it can be done, H yon
can aid in that direction, cleanse the bloody before yon
attempt the muddy streams."^

As in Florida, the real struggle w^s over the admis-
sion of evidence. The matter was again debated at
^eat length;* Democratic offers to prove their con-
tentions were many and infistent; but again the ma-
jority of the Commission refused to trench upon the
domain of siaie lowers by examining into snch niat-
ItTS as the proceedings of the returning board and
tifc ijicFigLbtlity of declors holding slate offices.
Upon the other qncaiions. such as whether the board
was a lawful agent of the state, whether the vacancy

1 PrDCPcdlriTB. P. Ml.

« Fcr the nrtamenta Iti thb ruv Bee Jtid. pp, W-UILi In the Dcm-
iicrttlt bHcdi wc Pti- TTS-77S.

2if2

The Hayes-Tilden

vitiaited its procf^edings^ and whc44ier any of the elec-
tors were ineligible under the Federal Consiittition,
the Republcajis were on roJerahly firm ground. The
law did provide for the returning board and gave it
l>ower over "all elections held in the state;" the Iwa
electors who had held Federa] offices had not claimed
to vote by virtue oi having been elected on Novem-
ber 7th but by virtue of appointment by the college
on December 6th after tlicy had removed their dis-
qualifications by resigning! lastly, on the question of
the effect of the vacancy in the board, one opinon
could be deferxied abon-t as *Jiiccess fully as the other.*
On the iGtJi llie Commission met in secret session
to make its d&cLsion. After debate a. great variety of
resolutions — to admit evidence sliowing thaX the re-
turning rboard was unconstitutional, <to admit evidence
to prove that tlie board was tKit l^ally constiiutedi
to receive testimony on the fraudulent acts of the r^
turning" board, und even to reject all the votes from
LouiBiana — were offered by the desperate DenvK
cratic members. All were relentlessly voted down by
8 to 7.- Then tlie deciding vote was taken on a
resohrtion introduced by Senator Morton, Morton
had been informed by Kelloffg- that something was
wrong with certificate No. 3, so he was careful in
his resolution 'to stipulate tliat the votes certified in

\ In fftcL the ReimbllcauB lud s^U^titly iLc tiEioiigcr poahlwi bo-
ciuAF ot (tie dectfilDTii □( the fliATe Biipceine courl if fened to fibove. p|i.

1 ITcir fill th«e rteutLiilotu wl(h Uic VfWM #« FroceedlnB*. PP-

Disputed Election of 1876

2+3

No. 1 ^iculd ht counted. ^ The resolution was carried
by the asual vote of 8 to 7. The Commission ex-
plained its action to Congress as foUowa:

*'The brief ground of tliia decision is that it appears,
npon 5uch evidence as by the Constitution and ^e law
named in said act of Congress is competent and per-
tinent to the consideraiion of the subject, that the
before mentioned electors appear to have been lawfully
appointed such electors of President and Vice-Presi-
dent of tlie United States for the term beginning
March 4ih, a. d. 1877, of the slate of Louisiana-
and that they voted as such at the lime and in the man-
ner provided for by *he Constitution of the United
States ami the law.

"And the Commission has by a majority of votes de-
cided, and does hereby decide, that it is not competent,
under the Constitution and the law as it existed at
the date of the passage of said act. to go into evidence
aliunde the papers opened by the president of the
Senate in the presence of the two houses to prove
that other persons than those regularly certified to
by tlie governor of the state of Louisiana, on and
according to the determination and declaration of their
appointment by the returning officers for elections in
the said state prior to the time required for tlic per-
formance of their duties, had been appointed electors,
or by counter-proof to show that they had not. or that
the determination of tlie said returning officers was not
in accordance with the truth and the fact, the Com-
mission by a majority of votes being of opinion that
it is not within the jurisdiction of the two houses
of Congress assembled to count the votes for Presi-

1 rodlk«, Uonan, n. p, 170; H, IL R No. 1«0h 4CtK C«tr 19
Sou., p^ fi«. 4J

24+

Thc Hayes-Tilden

dent and Vice-President to enter upon a trial of such
question,

"The Commission by a majority of votes is also of
opinion that it is not competent to prove that any o£
said persons so appointed electors as aforesaid held
an office of trust or profit under the Urited States at
the time when they were appointed, or that they
were ineligible under the laws of the state, or any
other matter offered to be proved aHunde the said
certificates and papers.

"The Conmitssion is also of opinion by a majority of
votes that the returning officers of the election who
canvassed the voles at liie election for electors in
InCuisiana were a legally-constituted body, by virtue of
a constitutional law» and that a vacancy in said body
did not vitiate its proceedings/'^

Owing- to a dilatory recess taken by the House
against the protests of the Republican membersH it
was not until Monday, February 19th. that the joint
session convened and received the report. The read-
ing" of the report was not greeted with many cheers
from the Democrats. An elaborate objection, suffi-
cient to fill pages 456 to 43S of the Proceedings, was
at once presented by General Gibson of Louisiana, and
shorter ones were offered by Senator Wallace and
Representative Cochrane ' The two houses then
separated in order to deliberate and decide upon the
objections.

From the speeches in the debates which fotlowcd. it

1 Propflftdlnffn, p, k12. Var Bradley's opinion on th# pon-
HUEvjrtunallty (if Itis board ate fp. lO^S ri beu Tli''ri^ KflB no
Irconni^ten^-y In p:iiifllne UTHnr thl» pclnT, The Com rr* malign ruki-
urally had ilie power Lo iiacertAii] wheihcr lliQ relumluc twaid
wav Eh« i«ffal aa^ni vl ibe itaiA

21ttid, pp. 430-440.

Disputed Election of iS-jb 245

is casv to inkr that the Democrats had \fy£.t much of
their pristine enlhusia&m for the Electoral Commis-
sscm. In the Senate Mr. Maxey declared that ''the
judtjment in effect exalts fraud, degrades justice, and
consigns truth to the dungeon." » "Deep indeed/'
said Bayard, "is my sorrow and poignant my disiap-
pointmem. 1 I mourn my failure for my country's
sake: for it seems to me that rot only does this
decision of tiicsc eight members destroy and level in
the dust the essential ^afcg^uards of the Constitution,
intended to surround and protect the election of the
Chief Magisirale of this Union, but it announces to
the people of this land that truth and justice, honesty
and moraJiK, are no longer tiie essential bases of their
political power."*' In arguing that the Commission
oughl 10 have received evidence. Senator Wallace
pointed out ihat one argument made by Morton, fiar-
field, and other Republicans against the bill had been
ibat it might be interpreted as conferring power to go
behind tiic rettiriw. '

The decision did not, however, lack defenders among
the Republican senators. Boutwell suggested that
the opinion of the Republican "eiiifht" was entitled to
at least as much weight as tliat of the Democratic
"seven," and expressed confidence that the people
would accept the award* "Mr, President, " ex-
claimed Sheman. "a good deal is said at>out fraud.

: fMd. p. 18TB.

3 /bid, p. 1«7»,

4 fbfd, p, ItSl,

246

The Hayes-Tilden

fraud, fraud — fraud and perjury, and wrong. Why,
sir, if you go behind the returns in Louisianat the case
is stronger for the Repuhlicans than upon the face
of the returns. What do you find there? Crime.

murder, violence, that is what you find I say

now, as I said two months ago, thatf while there may
have been irregularities, while there may have been a
non-observance of some directory laws, yet the sub-
stantial right was arrived at by the action of tlie
returning board." ^

None of the speeches made on either side had any
effect on the vote. After two hours o^ debate the
decision was concurred in by the Senate by 41 to 28.'

In the House the waves of Democratic declamation
and vituperation ran even higher than in the Senate.
The Democrats were, as Mr, McMahon admitted,*
almost without h<jpc, and they sought what little con-
solation they could find in flaying the wicked "eight/"
If, said New of Indiana, no evidence was to be re-
ceived, what was the use of these many thick volumes
of reports made by investigating committees and *'vis
iting statesmen?" ^ There was much talk about ihe
"ten thousand sovereign voters" who had been dis-
franchised by the returning board.* Solemn warnings
were given of llic terrible wrath which an outraged
nation would visit upon the party which upheld such
fraud, **Therc is yet much to live for tn this roUfifh

1 Record, p. ICTT,
3 P^tririn II- IflBS.

Disputed Election of l8j6 2+7

world/' said Warterson, that fkry editor whose dreain
of "a hundred thousand" had now been supplanted by
tlie dream of a revanche, "and among the rest that day
of reckoning, dies irae, dies ilia.

"When the dark shall be lie:ht.
'*And the wrong be made right-"*

"Ah," cried the gentleman so justly famous for his
description of a sunset, "they called in the ermine to
help them. The ermine is a little animal. It is an
emblem of pnrity; It would rather be caught than be
bedraggled in tlie mire. Hunters put mud around its
haunt lo catch it. But where is the ermine now, Ahl
the fox has become the ermine. But no cunning, no
craft, no human law» no divine law. can ever condone
frauds All codes and the histories oi ail nations cry
out against it. Crime cannot breed crime forever.
Ask the people of this countr)-. Fraud is to them an
endless offense. I was about* Mr, Speaker, before
the hammer fell, to refer to the holy writ, so that
gentlemen on the other side may have time for repent-
ance. Witli permission of the House. I will read
from Psalms, xciv, 20: 'Shall the throne of iniquity
have fellowship with thee, which framelh mischief by
a ]aw?'"

Mb. Kellev. — r object.

Mb. Cox,^The Bible is aliuftde with these gen-
tlemen. *

1 Raord. p. I«»0.

I Aa Qiiot*d In Tbr» D««dH of Fadtni L««1bUC]od. p. Vlt.

248

The Hcyes-Tilden

Two Republicans of ihe House. — Pierce and ProL
Seelyc, both of Massachusetts, — while not accepting
the Democratic view, refused to vote with their party
on the Louisiana decision. Pierce believed that the
evidence offered should have been received. In his
opinion, the evidence collected was such as to render
necessary ihe exclusion of the state from participation
in the Presidential election; there was, he declared,
more ground for such action rtian there had been in
1872-^ Prof, Seelye said that tl^e Commission had
unquestionably "applied the Constitution and the laws
to the question ;" but he feared that a strict and accu-
rate interpretation of the Constitution would, under
the attending circumstances, imperil the vote of the
future. "It seems to me perfectly clear," said he, in a
speech which received the closest attention, "that the
charges made by each side against the other are in the
main true. No facts were ever proved more conclu'
sively than the fraud and corruption charged on the
one side and the intimidation and cruelty charged on
the otiier. Wliidi of the two sides went the further
would be very hard to say. The corruption of the
one side seems as heinous as the cruelty of the other
side is horrible, and on both sides there does not seem
to be any limit to the extent they went, s^ve only
where the necessities of the case did not permit or the
requirements of the case did not call for any more.
T find it therefore quite impos?iible to say which of the
two sets of electors coming up here with their certifi-

— Hofir, AutobloffTAphT of Bevvnty T«iri.

P^tme laltr became ao ardent Democrat.
1, p. STB,

Disputed Election of iSjQ 249

cates voices the true will of the people of Louisiana
in the Utc clcclion, and therefore equally beyond njy
po^vcr to assent to the propriety of counting cither,
. , - . Granted chat the decision reached is fairly with-
in the bond; ret what if the pound of flesh cannot be
taker without its drop of blood?" ^

The other House Republicans stood by ihe decision.
At heart they doubtless believed with Mr. Crapo^
tjiat the returning board of Louisiana was a suspicious
body, but thought that the rifle-clubs of Ouachita and
elsewhere were equally so. and as Lhe ri^e-dubs had
been rfie original offenders, decided that the acts of
the returning board formed an equitable set-off, and
hence declined to give way and allow violence and
murder to be rewarded To the Democratic deniuicia-
tions of fraud they replied with accounts of intimida-
tion and talk of Oregon cipher telegrams. Some of
their speeches were quite as denunciatory as any made
by cheir opponents. One member declared thai the
IJemocrats had started out In their campaign for the
"Orand Fraud of Gramrrcy Park" with "tlic impres-
sion that they could buy every man they could not
frighten or delude."^

Upon the conclusion of the debate the House re-
jected the decision by 173 to QQ. But. as the Senate
had accepted it, the eight votes of Louisiana were
counted for Hayes and Wheeler.*

1 Ae'^ard, r- llSf^.

2 thid. p. 1IS9.
% lUd. p. l«fl«.

I Proc««dIarB> p, 411.

Tht Hayes-Tilden

The count ihen proceeded unchallenged untU Mich-
igan was reached. From Michigan but one return
had been received, but objection WEts offered by Repre-
sentative Tucker to counting the vote of one of the
electors of that state. ^ The grounds of the objection
were, however, so slight that after deliberation the
houses concurred in receiving the vote. An equally
baseless objection was submitted to the vote of one of
thp Nevada electors, but again both houses refused to
sustain the objection. *

At last Oregon was reached. From that state there
were two cenificaies: One from the Republican
electors. Cartwright, Watts, and Odell: the other from
Cronin, Miller^ and Parker.^ The fir^it was not certi-
fied by the governor, but it did contain certified copies
of the canvass of votes, furnished by tlic secretary of
state, together with a statement of the resignation of
Watts from the college and his subsequent re-appoint-
ment. The one made by Cronin ct al. contained the
governor's certificate, attested by the secretary of
state: this certificate stated that "at a general election
held in the said state on the 7th day of November, a.
D. 1S7Q, Williani H. Odell received 15,206 votes, John
C. Cartwright received 15,214 votes, E. A. Cronin
received T4-IS7 voles for electors of President and
Vice-President of the United States ; being the high-
est number of votes cast at said election for persons
eligible, under the Constitution of the United States,

1 PrOMedSns*. PP- **i-Hi.

2 Ibid. Tilt. 446-4G*.
1 Jbid, pfj. 454-400-

Disputed Election of l8y6 251

to be appointed electors of President and Vice-Presi-
dent." Two objections were submitted against the
Cronin certificate and one against the Republican
certificate. ' The case was therefore referred 10 the
Commission-

The Democratic contemion ^ ir the Oregon case
started with the premise that since Postmaster Watts
had been indigtble the a'oIcs cast for him hatT been
mill and void, and Cronin. his opponent next highest
on the list had been elected. The governor, after a
hearing, had fin declared, and with the secretary of
Etaie had made out lists attesting the fact. Even if
the claim of Cronin Avas not valid, the subsequent
resignation by Watts of the post mastership and tJien
of the office of elector had failed to make it legal for
the other two electors to choose him. for as Watt*
cculd not be elected because of his ineligibility, there
could be ro vacancy, and hence no filling of a vacancy.
To be 5urc, the statute of Oregon provided that "if
there shall be any vacancy in the office of an elector
occasioned by the death, refusal 10 act, neglect to
attend, or otherwise," the electors should proceed to
fill such vacarcy; but, argued the Democratic counsel,
the law of Oregon stated only seven cases in uhich
an office should be deemed vacart, namely, upon *'lhe
death of the incumbent;" "his resignation;" "his re-
moval;" ''his ceasing to be an inhabitant of the dts-
trict, county, town or village," in wliich the duties of

t Par the D«na«riit1c ora-1 objvotton* and a-rffumpnU ■»*
Ih%a. pp. <14'4tS. E6t-&8]. C73<»fi. For tbelr brief we p. T7I.

252

The Hayes-Titden

the oiHce were to be exercised; "his conviction of an
infamous crime:" "hia refusaJ or neglect to take hi»
oath of office;" "the decision of a competent tribunal,
declaring void his election or appointment." Since
Watts had never been an "incumbeni/* there had not,
the Democrats argued, been any **vai-ancy" for die
college lo fill. Even should ihis line of reasoning be
held to be erroneous, the Commission must, to be
consistent with ita stand in the Florida and Louisiana
caaca, receive the certificate or list signed bv ihe gov-
ernor and secretary of state, under the great seal of
the state, as final and conclusive evidence of how the
voce was cast. Whether or not the governor had
acted legally, his action had served, the Democrats
held, to give the Cronin college possession of the office
as electors de facto.

But the Democratic position was badly sJiaken be-
fore the hearing was concluded. ^ The Republicans
successfully combated the claim that Cronin had been
elected, and in so doing quoted Thurman himself to
the effect "that the weight of judicial decision in the
United Stales is decidedly against the claim of a
minority man to election." They met the Democratic
non-vacancy argument by quoting the clause, *'The
decision of a competent tribunal declaring void his
[the incumbent's] election or appoinlmcnl." which,
they justly pointed out, was conclusive that under the
law even an ineligible person might temporarily be an
''incumbent." This was conchisive against the thcorv

] For ihe Republican obJtctJonB anil argumcDU *tn Pro-
oee<3lnv«. [>;>. 4AI, 4li3. 4ag-Ci49, 6«]-S»4, e09'C23.

Disputed Election of sSjd 253

that Watts could not have been elected, because
ft'hetiier Watts's incumbency was terminated by the
governor's decision ^ — and this the Republicans stren-
uously denied — or by his resignation presented to the
college, there existed a vacancy which the statute said
should be filled by the other electors.

The Republicans were also ab!e to *iiow pretty
conclusively that the merits of the case could be ar-
rived at by the Commission without any trenching
upon the domain of idale powers. The constitution
of Ore^n, they pointed out. declared that "ihe person
or persons who shall receive the highest number of
votes shall be declared duly elected/' and a statute
provided that the canvuss of votes should be made b/
the secretary of state in tlie presence of the povemor.
The secretary had canvassed the votes» and his certi-
fied statement, enctosed with the Republican return,
showed that Odell. Cartwright, and Watts had received
*'the highest number of votes/" and were hence "duly
elected/* This constituted the appointment- All else
that followed w^s merely certification of the results of
the canvass. As the duties laid down by the section of
the law governing the certification were ministerial
only, any certificate not in accord with the appoint-
ment as shown by the canvass was mere usurpation
and should not be taken as paramount to the certificate
of tbe canvass. Furthermore, the matter of certifi-
cation lay within the domain of Federal powers, for
the state law on the subject was merely a carrying
into effect of the Federal law governing the matter;

254

The HaytS'Tilden

objection to this contention could not consistently be
inade by the Democrats, for Governor Grovcr, on the
ground of non-a^eement between the two, had
claimed to ignore the state law and to act under the
Federal law. ^ All other matters were likewise in the
domain of Federal powers and could be examined into
and the Indh ascertained.

Following the line just indicated, the Republicans
were able to make good their cast. Evidence \vas
taken which showed conclusively that Watts had re-
signed the postmaster ship before acting* as elector.*
The certificate showed that lie had alfo resigned his
electorship and had been rechosen by the other two
electors. The certificate itself was regular except that
it was not accompanied by the governor's lists. These
lists, however, were a statutory, not a constitutional
requirement; and the Republicans contended that as
the certificate of the canvass furnished sufficient au-
thentication, their absence was not vital.

The vote on the Oreg:on case was taken on FridaVi
February 23d, at the home of Senator Thurman,
whither the Commission had repaired in order that

1 The state law pnjTlded thai "The secrofar? of aT&te ah&n
prepare two llflts or t]i? narr^fl of the electors pleetert. cmd atTlx
the seal of the slatr- to the HBTnr-- Such lipta jihaJI be Hlsned
by the gnvnmnr and BecretBry, ond by TFia Inner ilellv^red to
the cclLcge of electorji at the hour of tbvir mc'ttns on ndi flrat
W**[Iripada.5" of Dwwmbpr."

The Fedcrfll IflW r'rov|d<^ Ihat "H pihall bp the duly gf the
frecutlve or thp AtAT^ ta cvluri: thret llaTs of the namea of the
cEoclara of such otate lo be made ririd c-rtlfled and to l»
flpiivprfd to the ri^ciora on or h^fore ine <\Ay on which Ehey
are required by the prpfedlns STtlCTi to n^f^'.."

The Eovprnf*r i?lnlTnecl that ImHuse [he Hlate law throuEh
Homp mietaire egIi] "two Itffts" Lnetoiid of lbr?e, be wbb jiutlAed
rn iFTinrtnc It. — ProcewllnBH. p. 49fi-

3 li>\d, pp. flOZ-«0S.

Disputed Election of lSj6

the senator, who was ill, might participate. Upon
one conclusion, namely that the Cronin certificate did
not contain the vote of Oregon, the Commission was
unanimous ; but upon the proposal to reject the vote of
AVatts there was the usual parly division. By the
same vote it was then decided that the Republican
certificate should be received,' The defense trans-
mitted to Congress iivas as follows:

"The brief ground of this decision is that it appears.
upon such evidence as by the Constitution and the law
named in said act of Congress is competent and pertin-
ent to the consideration of the subject, that the before-
menlione*! electors appear to have been lawfully
appointed such electors of President and Vice-Presi^
dent nf the United States for llic term beginning
March 4, a. d. 1877", of tlie state of Oregon, and
that they voted as such at the time and in the manner
pro\-ided for by the Constitution of the United States
and the law.

"And we are further of opinion —

"That by the laws of the state of Oregon the duty of
canvassing tlit returns of all the votes piven at an
election for electors of President and \''ice- President
wa^ imposed Upon the secretary of slate and upon no
one else.

"That the secretary of stale did canvass the returns
in the case before its and thcrcbv ascertained that J.
C. Cartwripht. W. H. Odell, and J. W. Watts had a
majority of all the votes given for electors, and had
the highesii number of votes for that office, and by the
express langruapc of the statute those persons arc
'deemed elected.'

"That in obedience to his duty the secretary made

I PrDO««dtnRa. pp. iS7-<41,

256

The Hayes-Tilden

a canvass and tabulate statement of tlicr votes showing
this result, which, according to law, he placed on file
In his offite oci the 4th day of December. A. D. 1876,
All this appears by an official certificate under the seal
of the state and signed by him, and delivered by him
to the elector5 and forwarded by them to the president
of the Senate with their votes.

"That the refusal or failure of the governor of Ore-
gon to sipn the certificate of the election of the persons
so elected di>es not have the cfTect of defeating their
appointment as such electors,

'*That the act of the governor of Oregon in giving
to E, A, Crorin a certificate of his election, though he
received a thousand votes less than Watts, on the
ground ihat the latter was ineligible, was without
authority of la\\' and is therefore void,

'^That although the evidence shows tliat Watls was
a postmaster at the time of his election, that fact is
Tendered immalcrjal by his rcsigriation both as post-
master and elector, and his subsequent appointment
to fill the vacancy so made by the electoral college."^

In the joint session an objection to accepting tlie
decision was submitted^ and the two houses therefore
separated as the law required. In the Senate^ the
Republicans defended the decision, denounced Grover
and Cronin, and made frequent references to the cipher
telegrams to and from 15 Gramercy Park. ^ The
Democratic speakers devoted much of their lime to
the Florida and Ixjuisiara cases and to contending
tliat the decisions of the Commission were not con-
sistent. They did not attempt seriously to sustain

1 ProceedlnsB. P- S*f>

a Far ^hf• Sf^nate dtbate kq Iiot:t)rA. pp. 1SSB-1GS4.

Disputed Election of lSj6 257

the theory thai ihe Cronin certificate s^iould be re-
ceived, but did ipsist that only two votes should be
counted for Hayes, ^ When the debate came lo an
end, however, a resolution to that effect was voted
down, and the decision of the Commission was then
SH*;tained by 41 to 24,*

In the House the debate was preceded by a spirited
parliamentary contest. Although a Democratic cau-
cus held about a week before liad decided thai the
count should be allowed to proceed,^ a knot of repre-
sentatives had made up their minds to delay the
progress of the count by dilatory proceedings. These
filibusters were of tivo classes. One class, numbering
about forty members and composed of men like Black-
bum of KentueW, Springer of Illinois^ Mills of Texas.
O'Brien of Maryland, and Cox of New York, were
those irreconcilables who were willing to resort to
any measures to prevent the consummation of what
ihey termed "the Fraud/' The other class, composed
in large measure of Southern members, were actuated
chiefly by other motives. Most of them were desir-
ous that the count should be completed in order to
prevent anarchy; but before it was accomplished they
wished to scare the Republicans, and particularly the
friends of Haves, into gi^ng assurances thai the new
Administration "would refrain from supporttn^j the
Republican claimants for state offices in Souih Caro-
lina and Louisiana. This nxjvement was organized

1 Rtcnrd. TL liL|«.

£ Prt>f*«4lnva, p. 04ft.

1 H. H. Mil. Dof. TUb. at isfta conr 3d B«w., I. p. srs.

258

The Hayes-Tilden

shortly after die Louisiana decision had convinced
most Democrals that the prospects of saving the
national ticket were hopeless; those who entered it
were inspired by the belief that it would be thrifty
policy to save even a little out of the wreck. ^ Con-
ditions seemed to favor the filibusters, for the par-
liamentary methods of *'Czar" Reed had not then been
introduced : and in tlie preceding Congress Mr, Rao-
daM, who was now speaker^ had for seventy-two hours
occupied the floor and had forced the Republicans to
abandon their attempt to re-enact the Force Bill. ^

But when the irreconcilables, led by such men as
Clymer of Pennsylvania, Lane of Oregon, and Spring-
er of Illinois, began llieir attempt to hold up (he count
by introducing dilatory motions, they discovered, to
their surprise and indignation, that the speaker re-
fused to entertain the motions. A scene of disorder
followed, but the speaker stood firm. The Chair
"rules/' said he. "that when the Constitution of tlie
United States directs anything to be done, or when
the law under the Constitution of the United States
enacted in obedience thereto directs any act by this
House, it is not in order to make any motion to
obstruct or impede the execution of that injunction
of the Constitution and the laws." *

Thanks to this wise and determined stand, the
House waa tficn able to proceed to the consideration

0ft«i UL pp. fiQ&» aai't^E.

2 Jf eCHira'*, XXlIt p. Sfl ; ^manoon La*o RsPl«o, XXXV I LT,

p. in.

Disputed Election of lSj6 259

of the Commission's finding. As In the SenatCi the
Democratic speakers did not display a great deal of
enthusiasm for the Grover-Cronin proceedings. In
fact Mr, Le Moync of IlUnois said: "I have never
believed in this Oregon road, ^nd it does not satisfy
me to say thai tt is only using the same means em-
ployed by the Republicans." The same speaker also
showed considerable disgust at the Democratic man-
agement of affairs. "Wc of the West/' be declared,
"arc done in politics with the domination of New
York.'^ Referring to the Oregon dispatches, he said;
"If Mr. Tildcn cither directly or indirectly consented
to the purchase of a Republican elector, he deserves
double condemnation from every man who supported
him.'*i Several speakers laid stress upon alleged in-
consistencies in the Commission's rulings in the var-
ious cascs^ and upon inconsistencies in the positions
taken by Republican members of that tribunal. In
the latter connection Mr. Hewitt accused Mr. Hoar
of having said in the debate on the bill that proof
would be admitted; the charge brought a warm denial
from Mr. Hoar, who proceeded to intimate, amidst
laughter, that, as a result of the responsibilities im-
posed upon him^ there was "a screw loose somewhere"
in Mr. Hewitt. *

1 Rt^rtt. p. 1SI3,

IB. s,. Ifyid. pp. I^IO^IOII.

XilMi, T)D I914-I3]|t. A Bflldr OT fJliB RkotA WIU Itiow IhBl
Hpwltt't ctuir^ waa not veil founded. Nol lonir twrorfl hlv
flpath Mr Honr pr<»pnT*'ri n maipm^ni whl^Jh In rf> C* pumKh#d
1a fftdc thi> t^nc Itfl by Mr. H^vrLd <»« fool-nnic i^t ^nd of pre-

AlLtv&Ilanii whifrh are deB[tn''d lo c^al a decidedly unfavonblv
llrlit on Ur. Kflfinil'4 Vflmrltjr.

26o

The Hayes-TiUen

The Republican "eight," and especially Judge Brad-
ley, came in for much rabid denunciation^ Referring
to Bradley, Gvmer of Pennsylvania said; '*We id
this House assisted i»i developing one the latchets oi
whose shoes even Wells, in all his moral deformity, is
unworthy to unloose- Their precious names will go
lo posterity linked together, as those between whonii,
here in this Capitol, in the very temple of justice, the
riglirs of the people were helrayecl and cnicified."^
Jn reply to talk of this kind. Woodworlh of Ohio said
it was curious that "while the supposed partisanship
of the eifhl who concur ts denounced, there is a silence
profound as the hush of death as to the at least equal
partisanship of the seven who dissent."

The same speaker accused the Democrats of being
poor losers, "Filibuster," said he. "has been called in
to aid those who cannot accept defeat. T am not
surprised a! tliis, nor at the diagrin and natural wrath
of our Democratic friends ; for with everything to gain
and nothing to lose, they cunningly set a trap and were
themselves caught — caught by the act of God, ^^':>
disposes of all human events, and by the act of the
Illinois legislature, which disposed of Judge Davis
[ Laughter] ,

"They digged a pit, they digged it deep,
Thev digged it for their brother;

But through their sin they did fall in
The pit they digged for t'other.'" ^

But, as usual, the debate had no effect upon the

1 Hfico-rd, p, 1008.

2 Jbld, p. Hll,

Disputed Election of iSjO

vote, A resolution to accept the Cominission's deci-
sion was &o aineiitled a^ to provide for rejecting the
vote of Walts* and in this form was then adopted
without a division, '

The count of the states in joint session then pro-
ceeded» but was much delayed by technical objections
to voles from stales in which there had been no con-
tent. Such an objection was tnade to receiving one
of the votes from Pennsylvania; but as, after debate,
only tlie Hou^e sustained the objection, the vote was
counted with the rest, ^ An efjually futile objection —
sustained by neither house — wa? made to one (if the
votc?^ of Rhode Islaiirl ', tiien. about six in the afternoon
of February 26th, South Carolina was reached.

From South Carolina there were two certificates.
The ftTSi. that from ihe Hayes electors, was certified by
Governor Chamberlain and Secretary of State Hayne ;
the second, that frtmi the Tilden ^'ekctors.'^ was not
certified by any one, but in it the "electors" claimed
(o have received a majority of the votes cast, alleged
that ihey had wrongfullv been deprived of their rights
by the returning board, and referred to the mandamus
and quo zvarranto proceedings which have already been
deacribed- Objections were submitted against both

I Pnwcedliigfl. Pit. fi4&-CIV.

a On4 of ttiD olcctori. who tvaa a centennial flbmnilBRlmwr, hmJi
imulnviS awAr from ihe tvljtgf. and tJie uihrt elwtont bad
flhc}B«n H- A. Bcffs* lo mi the vacancy^ Th^ Di*mocpnlB held
ItUC b«ciiu!ip tbF nrtfl rlfclor wii? LnHtgltil'', he vbj< Dwer an
Jncumbml. and thai h«n»: hi* r«Pl^niitlon created no vncancy
vrhlrFi f]>p ochtr Htotora hHil puwer lo nii. Tht CDiiIeni.lQn nm
not. lifl»M-er, JuMalned b^ all ih'* l>tftiOf;n"B. — E. (-, apH^h
of CDcKrpll. ffrcorrf, p. l»0». For tlie witole malicr b»'* Ibid,
pe. 1K0-190S, 1«19-I923. I«27']>aS, nnd PrDce^dlnff*. pp^ <4T'IB1,
1*

262

The Hayes-Tilden

returns, and tlie case was referred tu the Commission. *
The contest before that body ^ was a rather perfunc
torv one. The Democratic objectors did not attempt
to prove that the Democratic electors had been chosen,
but took the ^ound that because the legislature had
failed to provide a reRistratton law as required by the
constitution of 1868 there had been no legal election
in the state, ' They further contended that the vote
of the state onght not to t>e received because at the
time of the election there was not a republican fonn
of government in the state. In support of this view
they alleged that prior to and during the election Fed-
eral troops, without authority of ]aw» had been sta-
tioned at or near the polling-places, with the re&uh
that no Icg^ or free election could be held; that more
than 1,000 deputy United States marshals, appointed
under an unconstitutional law, had interfered with the
full and free exercise of the right of suffrage by the
voters of the state. In their anxiety to prove that a
condition of anarchy had existed in the state the
Democrats made some interesting admissions. '^Ve
propose to show," said Representative Hurd, *'by testi-
mony taken by the minority of the same connmittce
[the House committee], that in the counties which
gsve lar^ Democratic majorities the Democratic
leaders and managers interfered with the freedom of
the election by practicing intimidation upon their black

1 For tha retuma and ihfi wr^tlen obiMtiou «eo Procoftd-
IngB, pp. fiS3-fi64.

2 Owlnff ta the ILIneaH Qt Thurm^n his place on ttie Cammlsslo*
was nov uiKtti hy KpTnar or Kpw YfltK. — iMtf, P- fl66.

3 For tilt; DcmccTLLlIc ami abJectloDs neo ibiJ, pp, 6fiG'G7S.

Disputed Election of l8'j6 263

employes and those who might happen to live within
their districts. We propose to show that rifle-clubs
were organized which were not disbanded in accord-
ance with the proclamation of the President of the
United Stat^» and that under the effect of these
rifle-clubs and of the intimidation that was practiced
in that method large numbers of negroes who other-
wise would have voted the Republican ticket voted the
Democratic ticket.'' ^

As the Democrats did not attempt to prove that the
votes of the Tilden "electors" should be received, the
Republican objectors = confined themselves almost en-
tirety to defending their own certificate and to com-
bating the argument that the vole of the state oi^t
to be thrown out. They contended that the constitu-
tional provtsicn requiring a registration was directory
onJy, that the legislature had in effect complied with
the requirement by enacting that a poU-Ust should be
kept, that the Democratic position on the matter was
untenable because otherwise all elections and all gov-
ernment in South Carolina during the last eight years
would be illegal and void- Upon the question of
whether the state possessed a republican form of
govemmeni they argued that the fact that the state
was represented in both houses of Congress mu5i be
taken as conclusive; to sustain this contention they
quoted an opinion delivered in the case of Luther vj.

1 P*rOW«lla«S. p. Ml- In mporlln* bl* apMCh Uk Now Tortl
WorU of FetL 38in Tftpr Mo nt*a nim ■■ ■■.yrnc Umt warr or tnu
kind WAA done by "cclorad t*l<^l rinfr-clgbi."

I For thF ftf-nctie* ot th« RopuMIOUi obJ«CtQn see ProOHd-

264

The Hayes-Tttden

Borden, As regarded the use of troops and deputy
marshals, they contended that the Commission was not
eompetent to receive evidence; they pointed out, how-
ever, that both rtie troops and the marshals had been
used in accordance with the laws of the United States
and under the direciion of ^e President and the at-
torney general

If! order to hasten the count, the Republicans sub-
mitted their case without any argument by counsel. *
For the Democrats short speeches were made by
Moi^tgomery Blair* and Jeremiah S. Black.^ Nfr.
Blaclf made the closing address. As he expressly dis*
claimed any intention of arif^iing the case, it is evident
that he was put forward for no other purpose than lo
damn the Commission. And damn it he did in a bitter
invective, hardly lo have been expected from the man
who, in the greatest crisis of our history, had ren-
dered to a weak President one of the mildest and most
unfortunate opinions ever given by a public officer, *
He was, he said^ "fallen from the proud estate of an
American citizen," and was *'lit for nothing on earth
buJ to represent the poor, defrauded, broken-hearted
Democracy."

'*We may," he continued, "struggle for justice; we
may cry for mercy; we may go down on our knees,
and beg and woo for some little recogriition of our
rights as American citizens; but we might as well put

1 ProcoedicgB. p. S9*-
2Ibia, pp. €SB-«D4.

i Bur^^BB. The Clvlt War and the CoullLulion, I. p. 90.

Diipnted EUct'wn of i8j6 265

up our prayers to Jupiter, or Mars, as bring suit ia
the court where Rhadamamhus presides. There is
not a god on Olympus that would not listen to ub with
more favor Lhan we shall b« heard by our adversaries.
. . . Usually ii is said that the 'fowler srtteth not
forth his net in the sight of the bird' but this fowler
set the net In Lhe sight of the birds that went into it.

It is largely our own fault that wc arc caught

They offer ns everything now. They denounce
negro supremacy and carpet-bag thieves- Their pet
policy for the South is to be abandoned. They offer
us everything but one; but on that subject their lips
are closely sealed. They refuse to say thai they will

not cheat us hereafter in the elections

* If this thing stands accepted and the law you have
made for this occasion shall be the law for all occa-
sionSn we can never expect such a thing as an honest
cleUion apain. If you want to know who will be
President by a fvilure election, do not inquire hoA the
people of the states are going to vote. You need
only to know what kind of scoundrels constitute the
returning boards, and how much it wilt lake to buy
them.

''But I think even that will end some day. At
pTCaent you have us down and under your feet. Mevcr
had vou a better right to rejoice. Well may you iay,
"We have made a covenant with deatti, and with hell
are we at agreement; when the overflowing scourge
shall pass througJi, it shall not come unto us: for we
have made lies our refuge, and under falsehoods have

The HayeS'Tilden

ivc hid ourselves." But nevertheless wait a little while.
The waters of truth will rise gradually, and slowly
but surely, and then look out for the overwhelming
scourge. 'The refuge of Ties shall be swept away, and
the hiding place of falsehood shall be uncovered.' This
mighty and puissant nation will yet raise herself up
like a strong man after sleep, and shake her invincible
locks in a fashion you little think of now. Wait;
retribution will come in dne time. Justice travels
with a leaden heel but strikes with an iron hand. Cod's
mill grinds slowly but dreadfully fine. Wait till the
flood-gate is Hfted and a full head of water comes
rushing on. Wail, and yon will see fine grinding
then."

But the fiery words of the old Pennsylvanian did
not sufSce to melt the hearts of the Republican eight.
Upon a proposal to receive evidence regarding the use
of the troops and of the marshals they voted as usual.
Then, after a resolution to the effect that the Demo-
cratic electors had not been chosen had been unani-
mously agreed to, they carried a resolution to count
the votes of South Carolina for Hayes. They ex-
plained their action in the following words:

^*The brief £:round of this decision is, that it appears,
upon such evidence as by the Constitution and the law
named in said act of Congress is competent and per-
tinent to the consideration of the subject, that the
beforementioned electors appear to have been lawfully
appointed such electors of President and Vice-Presi-
dent of the United States for the term beginning
March 4, a- d, 1877, of the state of South Caroiina.

Disputed Election of iSjO i(fj

and that they voted as such at ^c time and in the
manner provided for by the Constitution of the United
States and the law.

"And the Commission, as further grounds for their
decision, are of opinion that the failure o£ the legis-
lature to provide a system foi die registration of per-
sons entitled to vote^ does not render nugatorj- all
elections held under laws otherwise sufficient, though
it may be the duty of the legislature to enacr such a
law. ff tt were otherwise, all government in that state
is a usurpation, its ofRcers without Authority, and the
social compact in that state is at an end-

"That tliis Commission must Lake [loticc that tliere
is a government in South Carolina repubUcan in form,
since its Constitution provides for such a government,
and it is, and was on the ^^y of appoJrting electors, so
recogniied by the executive and by both branches of
the legislative depanment of the government of the
United Stales.

'^Thai so far as this Commission c%w take notice of
the presence of the soldiers of the United States in the
slate of South Carolina during the election, it appears
that they were placed there by the President of the
United States to suppress insurrection, at the request
of the proper auihoriiies of the state.

'*And we are al^o of opinion that from the papers
before us it appears that the governor and secretary
of state having certified under the seal of the state
thai the electors whose votes we have decided to be
the lawful electoral votes of the slate, were duly ap-
pointed electors, which certificate, both by presumption
of law and by the certificate of the rival claimants of
the electoral office, was based upon the action of the
state canvassers, there exi!;ts no power in this Com-
mission, as there exists none in the two houses of
Congress in counting the electoral vote, to inquire into

The Hayei-Tiid^n

the circumsunces under which tlie primary vote for
tlectors wis given.

*"The power of the Congress of the United States in
its legislative capacity to inquire into the matters
alleged, and to act upon the inforMaCion so ohtained.
is a very different ore from its power in the Eiiatler
of counting the electoral vote. The votes to be coiinled
arc those presented by the state, and when ascertaintrd
and presented by the proper authorities of the states
they must be counted."'

While the South CaroHna case was before the Com-
mission other events of great significance had been
taking place in secret. As already narrated, a movC'
nieni ^lad for some days been on foot to exact from
the friends of Hayes pledges regarding the state
govemmcnts in Louisiana and South Carolina.' This
movement had created considerable alarm among Re-
publicans. As early as February 23d. in an efTort
to conciliate the Southern Democrats, Mr. Charles
Foster, representative from Hayes's own district, had
stated in a speech in the Louisiana debate that h would
be the policy of Mr. Hayes, if inaugurated, to wipe
out sectional lines, that under him "the ftag sliould
wave over slates, not provinces, over freemen and not
subjects/'^ Negotiations were entered into Iwtween

1 Pmcwdlnffa. 702.

2 An nUBTipt 10 nm?erTflln ihe prntinl^lfl nionuli^ nt HAy«i: l*.
Ward ihp Poiith hAd lp-.'<:n ^'LE^dc nfi tnrlj" as ihi' oniJ of \hr- pft-
cfdiTif Nnvfrnhpr A[ t^nf ilnif Mr. w. Jl, Rt}/^^.! of the New
Orlenna TimPS vlflll<>d Columbua for thai purpose, llaycn rp-
fprrml nim in l\\f ipTf^r of nro'plJiTii'p nntt nlRn nCniPd thai rn
hlH opinion InulUffenc* oUfhi lo sovem, H. R- MIb. Doc, No,
ZE. 4Qiri COHK. 3tl S(4W.. 1, PC- ri7fr-H99^

3 /bIJ, m. p, Spe i Record, p, nUR. On ih** 23d llayea wmte
fo Foster cnmmendfnE thin sp^fffi. H? flnid riuti wtieti lh#
count waa complied — If favDrbblF — the pulillc waa to (w In-
fcmi«4 thai ih# ^uttiem policy wdi Co b« aa Foster had stmUd

Diiputed Election of tSjb 269

the interested parties, and various coriferences were
held. 1 On the 26th of February there were three
such conferences. One took place In ihe room of the
House committee on appropriations between Mr, Fos-
ter. Rcprcsencative John Young Bro^vn of Ken-
tucky, and Senator J. B. Gordon o£ Georgia.' An-
other occurred in the finance committee room of the
Senate;* present. Major Eh A. Burke, special agrent
for Louisiana. Stanley Matthews and cx-Covernor
Dennison of Ohio, and John Sherman,^ The tliird
took place chat evening in the room of Mr. Evans at
Wormley's Hotel; present. Mr, Burke, Mr. E. J. Ellis
and Mr, \V, M. Levy, Democratic rcpresenlatlves
from Louisiana, Mr, Henry Watterson, who repre-
sented the interests of South Carolina. Mr. Matthews.
Mr, Dennison. Mr. Sherman, and Mr. James A. Gar-
field.'^

The outcome of these conferences was to all intents

IL Ffdier nhiiivtd Uita lelier to Burkp on Uie ZGth, Burhe
'Sirped direct nhHiirnfifrf cr action b^tfora Hau«o ylsldH.*' — S«e
Burke's tolevrun lo ^IchoU*. Rcivrl JubI ijUDlecl p- Alft-

1 Burke hclfl an Inlen-Lew wllb Slontey MutlhawB ar^ early
U Ifip iil*!Jii uT F<'btuurv iStb. ]uil iiTii.'r (he Luuljtlana dedaTon

Irwlon trylriB lo annial r>~lc:tioilB nad TiU JUJOcLiitefi. After an
iDt^rrlPW vltii Oranl hv vlalted CDlumbuB, PrDni thrro ho lelti-
mitlitd on F«b, 33cl: "PenW noc lO **? dialurlwil In I>juliiia[irt."
— H. R MU. Doc, No. 31. 4-^irt Cona. 3d Svh., Ill, f. 617.

* Lvflvr ul Hrawii In l<iiulAVllle CimHtfr-JiPimnf o( Mnrrlk
3*1h. Glvjri \t% Now Tark Timirff of Nunc dale.

J H. R MlB, Doc. No. 31, 4n(.rL Cone. 3d Sm.. lU. p. «|S.

4 Shf-mun lifld JubI rniumiHJ (rfltn ft visit lo Hayp* In Oolum-
buL On Ihs 16U1 Hi»y<t« lind writcffn Shfrnian Uidi he i>ref!Trn"c1
DOl lo HUka nay ii?w ii'<c<l'kr;tII<iTis r^fciLivlln,? \\\e l^uitliKni poller
fanrisr ihiui lo conQrm wlinT H» hail ojitfl in tils lfif*-r of 4C-
««f>l4nc*, "But s'ou niiiy any, K you 'IrHjm W ndvlanhle, Ihni you
tiiaiD Lbai ] vin aTJinrl tiy l^f rrlfndly nnd v^cnurajpnir voMs
of thm tvll«r unil I'V \x\\ t>mi Ihvy liriply. Ton eAnnot rkpr***
tluc Loo alrondy." — Jolm Stirrmiin'B Ritalin? Liana. L p, fi*l.

^ HoLiJK dociimgnl JuaE flied, in. pp. &>t, fllft,

270

The Hayes-THden

and purposes an agrwment — "bargain" is perhaps
a more concise term — by whidi each contracting
party Ucitly agreed to do ceriatn things.* The Re-
publicans, while expressly disclaiming any authonw
to speak for him, in effect guaranieed that Mr. Hayes,
when he became Pre^sident, would, by a gradual pro-
cess of non-interference and withdrawal of troops.
allow the Rcpuhlican governments In the two states
to disappear- They also agreed to use their best en-
deavors to induce President Grant to embark upon the
same policy before the end of his term.- The Dem-
ocrats, or their part» promised to use their influence to
stop filibustering, and guaranteed peace, good order,
protection of the law to whites and blacks ahke, and
no persecution for past political offences. Tn order to
avoid precipitating the whole issue upon the Senate
before the cabinet should have been confirmed and
thereby rousing up perhaps sufficient opposition to
prevent the confirmation of persons favorable to the
new Southern policy, the Democrats further agreed
that the NichoIIa legislature should not elect the long-
term senator before March loth.'

1 >ina7 *lfoTtfl were later made to Bho^' t^at no bargain wiu
nude. buL there la do evading tht? foct UiaC In oil euenCliLlH tbere
WBJ an HSr<?h'm*nl Hare*, how-i'-ir, whs not n. imrly (o It
H? hail 9t«ic]raaEly rt^fuaei] To fluttiorlze any one to reprvBCiil
htm. and had blreadr made up his mind r^ffardlnff hlv Southem
policy. On Feh. 4lh hi' wrole tcf Schun In rtsard Lo the use dC
Ibe iTiEEItaTT an fallown: "But there la Co tv an and to all th»t.
GVDtpt in emprgeni^lta which T cannot chlnlt of oa p^julble QEoln,"

2 The Presld^^nt had ttXr^^dy rfechnflil to reooffnlae either ffOT-
emmenL — S«'.- hie It'l^Krams to KelloKS and Gvn. Aueur In H.
Tl. MiR. IJQC Hr: 31, 4£th Cong. 3d S«as , HI. pp. «03-er>t. In
tTwe oni^ iniiat hp recognlied, how/er. he InteTiSefl lo recavnlic
Padard. — Tf>lvRmm lo Au^r Jif«t clt^^d. Ab llint p&SKd b#
became mon' favorable lo N^LchollH. Bpc I^tid, pp. 604-431.

3 Prr ncoounTB of thp W"rml*y OonfwreneB 8*e Ibid. I, pp.
»7B, Dfi«. 9»1. »S4h 990^ in, pp. &SB-631.

Disputed Election of iSyd 271

Certain details of the agreement were arranged next
day. The Democratic assurances of peace, order, and
equal rights were ratified by Governor NichoUs and
by a legislative caucus, and a copy was sent by Burke
to Matthews and his associates. Matthews, on his
part, assured the I-outsiana agents that Grant had
promised that as soon as the count should be completed
all orders heretofore issued in regard to preserving
the status quo should be rescinded or modified sg far
as they were necessary for preserving the public peace t
Mr, Foster sought John Young Brown and gave to
him the following unsigned letter addressed to Brown
and to Senator Gordon:

'^GentlSwen: Referring to the conversation had
with you yesterday in which Governor Hayes's policy
as to the status of certain Southern states was dis-
cussedj we desire to say in reply that we can assure
you in the strongest possible manner of our great desire
to have adopted such a poHcy as will give to the people
of the stales of South Carolina and Louisiana the
right 10 control their own affairs in their own way;
and to say further that we feel authorised, from an
acquaintance with and knowledge of Governor Hayes
and his views on this question, to pledge ourselves to
you that such wil! be his policy,"

After reading the letter Brown expressed the opin-
ion that it might be "fullej and stronger/' but thai
coming from the men it did it would be sufficient
Foster then saw Matthews, and an hour later Brown
received from Foster the following:

] five copr ef wfltleti nsturonoa fflvec br Bfatlhova Ui Burlc*
■na l^vj. n. R. »tB- Doc- Nn, BJ, 4»Ui Con^,. Id BcM^ Ul,. p.

272

The Hayes-TiUen

"Gentuemen: Referring to tlic coiivcrsation had
with you yesterday, in which Governor Hayes's policy
as to the status of certain states was discussed, wc
desire lo say thai we can assure you in t]ie strongest
possible manner of our g:reat desire lo have him adopt
such a policy as will give to the people of the state;
of South Carolina and Louisiana the right to control
ihcir own afFaiTs in Lhdr uwn way, subject only to
the Constitution of the United States and the laws
made in pursuance thereof, and to say further, that
from an acquaintance with and knowledge of Governor
Hayes and his views, we have the most complete con-
fidence that such will be the policy of liis administra-
tion. Respectfully,

"StahlF-v Mattuews,
"Charles Fosteh/'

Brown did not like some of the ffeneralities which
this letter contained, but accepted it. By his request
Foster affixed his si^ature to the first fetter, and
Brown retained that letter also. Later Brown gave
copies to Ellis, to Burke, to M. C, Bniler, of South
Carolina, and to one or two other persons. ^

While the personal friends of Hayes were striving
in ways just described to lessen Democratic opposition
to the comjjletion of the count, other schemes were
being devised for the contingency which would arise
should the count not be completed. In the Senate Mr.
Sarpient on the 26th introduced a resolution to the
effect that the Senate should proceed at once lo elect
a president pro tempore to succeed Mr. Ferry, whose

] B[>» Ftmwii'ft Btntpment In thp LoulsTlUe Couritr-Journrtt ot
UiLrQh S91Il. The (itfilFmanl Is ^ytn Ln tbc titw Tarh Tlm«
or itit nam*" 6nXf

Disputed Election of iSjO 273

lerm as senator would expire on the 4lh of March. ^
The resolution was laid aside until the time should
come when tts passEige would be desirable. If that
time had come, it would probably have been parsed,
and Morton would have been chosen. He would then
either have completed Uie count and declared Hayes
elected, or would himsdf have been installed as Pre*-
idem iindej a forced consTructiou of the law of 1792^*
In the House David Dudley Field on the zTth
reparietl from tJie commiltee on the powers, priv-
iIe^cs. and duties of the House in counting tlic cicc*
toral vote a bill providing that, in case of a failure lo
elect, the line of succession should be the president of
the Senate, the speaker of the House, and the secre-
tary of slate, and that the person who succeeded
should hold office until a successor had been duly
elected,* The bill was regarded br some as pari of a
scheme to defeat the count and secure a rew election.
Seme Democrats opposed it because they preferred
Hayes to Morton;* but it was hurried through,^ and
was then sent to the Senate, where it was referred to a
committee, and never came lo a vote. *

1 J?*«0nt. p. 1»2I; rim» of 37lta,

Z Refvrd, p, 1983 . Tiff\fa ot iSarth Id: Itiipr of WUnAm I>ud>
ify Fdulkif ID thf irrlct'r. Tbo lav nt 17S2 prai*ldcd. "Tbat In
c«a« Of the removal. deaUi. rrBlEniLrirm. or iliHibilirv^ inlh of Ui«
Pnddtnt uid Vl»-l*rMldvnl or iht I'nit?'! i^i^^l^n, th" Pr«ald*Dl
of Che SfDHttt pro tempore, und, in l'hhv Uii-n* Ptiall \re no Prei-
M*nt o' (he fi«iifllP, ihpn ih« Fip«'ihkpr of tlif> Houks of R«pr«B«'
laUvta ttir tht Umr li^liijt, ihall afi ns Ti''mUU-nl of (he TJnli^
01aC''« unU) <uch dltabim^ b4 removed, or liEiUL a Prttldnt b*
elecCfd."

3 RHVPd, p. IfiSC.

27+

The HayeS'Tildtn

On the 2Sth the South Carolina decision was read in
joint session. Objections were at once offered, and
the houses separated lo deUberaic. After a short
debate the Senate accepted die decision by 39 to 22.^
In the House after the irreconcilable 3. ted by Springer
of Illinois and 0*Bnen of Maryland, had tried hard
to secure a dilatory recess, but had been thwarted by
the opposition of the Republicans, of the speaker,
and of a number of Democrats under the leadersliip
of Fernando Wood, who had now become a conserva-
tive, a debate was had, after which the decision was
rejected.*

Wheti the joint session had been resumed and Ver-
mont had been reached, the proceedings entered upon
a new and dangerous phase. After the regular return
had been read. Representative Popplcton inquired
whether any other return had been received. Mr.
Ferry gave a negative answer. Mr. Hewitt, who up
to this time had favored the completion of the count
and had been much criticised by some rabid Democrats,
then arose, and amidst breathless interest asked to be
allowed to make a statement,

"T hold m my hand/' said he, *'a package which
purports to contain electoral votes from the state oi
Vermont- This package was delivered to me by ex-
press about the middle of December last, and with it
came a letter stating that a similar package had been
forwarded by mail to the presiding officer of the

s ma. pp. ?4)05.zoso.

Disputed Election of l8j6 275

Senate; 1 called upon him and inquired whether any
other than one cerlificate from the state of Vermont
had been received by him by mail, and he informed
me that there had been no other received by him than
the one which was already In his possession. 1 then
tendered Co him this package, the seals of whkh are
unbroken ami which is now as il came into my pos-
session. He declined to receive it, upon the grrmnd
that he had no authority in law to do so. Under the
circumstances, I now tender this package io the pre-
siding officer of the Senate as purporting lo contain
electoral votes £rom the state of Vermont." ^

It was well known that the package had been sent
in by a minority DenKicratic candidate who, although
defeated by about twenty-four thousand votes, claimed
TO have been elected because one of the Republican
candidates was a postmaster, Mr, Ferry pointed out
that it would noi be legal for him to receive the certi-
ficate because the law designated the first Thursday
in Fcbrnary as the date on which certificates must be
handed in ; ' but tlie opponents of the count, in ac-
cordance with a prearranged plan, were determined
to make the most of the opportunity which they
thought presented itself. Springer attempted to pre-
cipitate a debate in joint session, shrieked wildly, threw
his arms about, and for a lime refused to come to
order. ^ After some minutes of excitement, however,
quiet was restored, and the objections against the

t ibid. p. 713.

=76

Tke Hayfs-Tilden

Vermont return were submitted. ^ The two houses
then separated.

]n the Senate a decisfor was soon reached by &
uiianimon& vote to coum the Vermont reiuni»- but
in the House an adjournment was decided upon before
a vote had been taken. ^ The session of the following
day was probably the siomiest ever witnessed in any
House of Represeniativcs. The Irreconcilables were
determined to force die presJJerl of the Senate to
receive the certificate, and then to have the two ccrli-
ficatea referred to the Commission. A resolution to
that effect was introduced by Popplcton, but he shortly
after accepted a substitute of the same tenor offered
bv J. Proctor Knott of Kentucky. ' But the speaker
was determined that the count should proceed, and
therefore ruled that under the law the two hours' de-
bale upon Vermont should begin. Then ensued a
iicene of the wildest excitement. Every possible de-
vice was resorted to by the filibusters. The speaker
was assailed "with a storm of questions and re-
proaches. Would he not then put a motion for a
recess? A motion for a call of the House? A motion
to excuse some member from Yotinp? A motion to
reconsider? A motion to lay something on the table?
He would not. Were not these motions In order
under the rules? They were. Would he not then
submit some one of them to the House? He wouIjI

I ProCMdJngfl, ;i«-7lT.

•i Record. 2002-20*14.

3 Ibkl, 1024-2027.

I Hid, pp. 20ST and 2032.

Disputed Election of l8j6 277

not- Was he not an oppressor, a tyrant, a despot?
He wafi not* Would he not then put some dilatory
motion? He would not Why would he not? Be-
cause of his obligation to the law." *

The occasion was rendered the more Xko\ty and ex^
citing by the presence on the floor of many persons
who had no right there and by the fact that the gal-
leries were packed with a ciowd who wildly applauded
each outbreak- Furthermore, some even of the con-
seirativc Democrats were angry and suspicious be-
cause the irregular ccrtihcate had temporarily disap-
peared. At one time the wrath oi the filibusters be-
came !;o great that they nifhed forward shouting and
gesticulating; and one of them, Beebe of New York,
even sprang upon a desk, and, amid great uproar, de-
manded of the Chair why he decJined to hear an
appeal, pale but resolute, Mr. Randall still refused
to recede, and declared that he would no longer sub-
mit to the disorder. "M gendemen forget themselves,"
said he, "it is the dutv of the Chair to remind them
that they are members of the American Congress."'

After some further disorder the House quieted
down sufficiently for the det)ate 10 proceed. None of
the speeches made po^isessed any importance save one;
it was made by Levy of Louisiana, who, remembcriTig
the Womiley compact, was anxious to stop the filibus-
tering. '*The people of Louisiana," &ajd he, "have
solemn, earnest, and I believe truthful assurances from

I At}itnf*c, LXXJL V- tS3' The peHagc was vrlttn by Ju»a
MnnriH-, who wur ih**Ti a member of the Ronn rrom Ohla

278

The Hcyes-Tildtn

prominent metTibcrs of the Republican party, high In
the confidence of Mr. Hayes, that, in the event of his
election to the Presidency, he will be guided by a
policy of conciliation toward the Southern states, that
he will not use the Federal authority or the army to
force upon those states governments not of their
choice, but in Che case of these states will leave their
own people to settle Che matter peaceably, of them-
selves. This, too^ is the opinion of President Grant,
which he freely expresses, and which I am satisfied he
will carry out and adhere to." Levy then announced
that because of these a^surauces he would throw no
obstacles in the way of the completion of the count,
and he called upon fellow -members who had been in-
fluenced in their action by a desire to protect Louisiana
and South Carolina to join him in opposing* the GJi-
busters. ^

Shortly after this speech was made a vote was taken
on Knott's resolution regarding the bogus certifi-
cate, rt was the decisive moment. If the resolution
was carried, there was no telling whaC might hap-
pen. There seemed to be danger that it might be
carried. Now thai the end was at hand many con-
servative Democrats* badgered by their constituents
for having supported the Commission plan^ felt des--
perate enough to vote with the filibusters. But some
of those members who were fully cognizant of the
agreement hurried about the ha!I appealing to their
fellows to vote in the negative; Hewitt and others

1 Recara^ p. 1»4T.

Disputed Election of IS76 279

were brought over;* enough other Democrats were
solwr-mindcd sufficiently not to stultify the party by re-
fusing to carry out the terms of a law which they
had themselves helped to pass: and the resolution was
finally voted down by ri6 to 148.^

With this vote the possibility of defeating the com-
pletion of the count disappeared. The strength of the
filibusters rapidJy decreased. After some further de-
lay the House voted to reject the vote of the post-
master-elector. ■ The Senate once more entered the
hall. The irreconcilables in ihetr desperation even
attempted to get up an objection to receiving the vote
of one of the Virginia electors, hut no senator would
lend himself to the sdienie. * The votes of Virginia
were therefore counted; then those of West Virginia-
Wisconsin was reached. A final objection was then
offered ; :t alleged thai Daniel L. Downs, one of the
electors, was an examining surgeon of the pension
office and was therefore ineligible.^ The two houses

1 apspch of K*^!^ in 4R[h Cr>ns. ?r1 Sj^m, fRwyrd, [V 1QD7) ;
MoClm't. XXrri, p. a", JK-wKi laCf^r lpoi*tcO thflt hfl forced
t)w RcpubllcojiB 1o miLke coac^awyoaa by his polli?!' In tha mtktt^r
Df the Vermant return, and claimed Uis.1 Levy came lb JUAt at
thin tLmp frnTT fhp WormJi-r confereTxcft. Thin ^'iiH ImpQMlble.
tor Levy bad jxint ayoVtii- Tti^ nasLTancca wvro exacted bcfcrv
H«m'l1( l>»caiiie n nilbii^tpr, nnj] Hpfrlir mlflr«preiWDt«d bU part
la tkit aRnlr olther throush Ignanuice or In order to iMftcn Dem-
OCntlC crItlClBni ipv^ll-^ii affnlrnl him for h|B fnlUire tn cecura
Ibc •ealinB of Tlli^ed, On Fr-ti, 2Hli Burki? iclesr,ipht4 to
NIchalla: "Rfo^nl Hirenflh nilbtifl^ra sruLamodl^. — Oiir lf&d«rfl
tiava now no d(^DEl1^d fntlcy eKOpl prospecl of anarchy, some
oth^r Rttputrtlcan. nr npw pJajdi^n " Oit Mnroh mT he lain-
graphed: "^he -weg-ry HlruKBl* of &.lmlt:4fl itlLtpustera conilnufs."
. S oe Mplf^ of the dliT>fifr4iP9 In H R. Mis. Doc. No. ftl. 4&tb

2 Rtoord. ?L>aH.

I thid. pp. S049-S«e5.
4 World! Uarch 3d.

The Hayes-Tilden

separated. The Senate. Tvithout debate and without a
division, agreed thai the vote of Downs should be
received. 1 In the house the Eihbuster£ made a last
effort. Mtlls of Texas claimed the floor to submit, li
a question of privilege, a resolution that the House
should immediately proceed to elect a President of
the United States, ^ The resolution was not allowed
to come to a vote. Dilatory motions were not enter-
tained. The indignation on the part of the filibusters
against t^icir Democratic brethren -who refused to i<Mn
them rose high. O'Brien caller Fernando Wood
'*the hiffh priest of the Republican party." ' At len^tii
Che debate on Wisconsin began. After midnipjhl on
the morning of the 2d Blackburn of Kentucky rose
and delivered the swan-song of the filibusters,

"Mr, Speaker/' said he, "the end has come. There
is no longer a margin for argument, and manhood
spurns the plea of mercy, and yet there is a fitness in
the hour which should not pass unheeded- Today is
Friday. Upon thai clay the Saviour of tlic world suf-
fered crucifixion between two thieves. On this Friday
constitutional government, justice^ honesty, fair deal'
ing, manhood, and decency suffer crucifixion amid a
rumber of thieves," [Applause on the floor and in the
galleries] H

The passage was not Co go unanswered. After the
gentleman from Kentucky had finished, Mr. Williams
of Wisconsin arose. '*T do not desire," said he, "to

t Rffc&rd, p. SCiQO-
I /bid, p. 2ft&T.

Disputed Election of l8yf> 28 [

retort in the spirit indulged in by the gentleman who
has just taken hU seat. But if I did I might remind
him and tJiis House that this (s not only Friday but
hangman's day; and Ihal there could be no more fit-
ting time than Just after the hour of midni^t

'When churdiyards yawn, and Hell itielf

breathes out
Contagion to this world.'
that this bogus, pretentious, bastard brat of political
reform, which for tlie last twelve months has affronted
the eyes of gods and men should be strangled to death,
gibbetted higher than Haman/' [Great applause on
the floor and in the galleries] . ^

The end was indeed come_ After a Itttle more delay
the House voted to reject the vote of Downs ; and then
the speaker, having: received a telegram from Ttldcn
expressing his willingness that the count should be
completed.^ sent a messenger to the Senate to an^
nounce that the House would once more receive them.

It was now four o'clock in the morning, but the
galleries still contained a crowd of tired sightseers
amcious to witness the final scene in the great contest
which had so long absorbed the attention of the Amer-
ican people. "The session had lasted continuously for
eighteen hoitrs, and the members were too weary to
make much of a demonstration of any sort. Tlie Re-
publicans were happy but not exultant: the Demo-

3 VrCfurP'ji, XXIII, p. RT Thi* ■taUnwnt \m madv by Ur
BDff«n an the «ulhorllT of Mr, HvwtU &ad DDBanabd fium oLber

;8:

2»2

The Hayei-Tilden

crats disappointed but on tiie whole good^umored.
The occasion was an extraordinary but by no means
a solemn one. It was relieved by a final bit of pleas-
antr>'. While die House was waiting a Democratic
member shouted to Heniy Watterson to bring on his
"hundred thousand,"^

The hundred thousand did not appear; instead the
Senate o£ the United States filed into the room in the
usual manner. After the members were seated the
decisions in the case of the Wisconsin elector were
announcedi and the votes of tJie state were counted.
Senator Allison, one of the tellers, then read the list
of all the votes, after which the president of the Sen-
ate arose to make the concluding statement,

"Tn announcing the final result of the electoral vote/'
said he, '*the Chair trusts that all present, whether
on the floor or in the galleries, will refrain from all
doiionstration whatever; that nothing shall transpire
on this occasion to mar the dignity and moderation
which have characterized these proceedings, in the
main so reputable to the American people and worthy
of the respect of the world/'

Then, after announcing the total vote received by
each candidate, he continued-

"Wherefore, T do declare: That Rutherford B.
Hayes, of Ohio, having received a tnajortty of ^e
whole number of electoral votes, is duly elected Presi-
dent of the United States for four years, commencing
on the 4th day of March, 1877. And tiiat William

1 WoTia, Uaxc^ 3d,

Disputed Election of T8y6 283

A_ Wheeler, of New York, having received a ma-
jority of the whole number of electoral votes, is duly
elected Vice-President of the United States for four
years, commencing on the 4th day of March, 1877."
Soon thereafter the Senate retired to its chamber.
The galleries were quickly emplierl- The House it-
self adjourned.^ The greatest contcat for an elective
office in the history of popular government hod been
peacefully concluded.

IRteord, pel 20ft7-2OGS.

CHAPTER XII

THE ADJUSTMENT IK THE SOUTH

In the days preceding the final declaration of the

result the bitterness of party feeling was so iniCTise
that not a few hot-headed partisans had sworn thai
even Tf "counted in," Hayes should never be maiig'
uralcd. A Washington newspaper, namely The Caf-
ital, edited by Don. Piatt, went so far as practically
to counsel his assassination. ^ The President-elect re-
ceived many letters containing threats of violence and
"curiously drawn sketches of knives* daggers and re-
volvers/' ^

That there was no untoward incident during the
long strain of waiting or after the result had been
declared was unquestionably due in large measure to
the firm hand of President Grant. His course during
the whole trying crisis had been one which in the
main merits the gratitude of his countrymen. His

1 In l3sue ijf Vvh. 1 9th, Quoled In Stw Tofk rimca of Ifllh-
■! Qu filed In Keeant. p. 1934. rrom a ■[t«<>c<h rnct'lp by HDy«4.
On* packfii^i?, etnt It H'ould netm with xio veiy a^rLoua InlenllDOii,
conlalnpcl "a knlf^ nlwui two ffl*! tone on» f-Atee hnclCHi Ili» a
iiaw, probably for POtvEDE [he buni^ tTit oUitr for cutUne tbe
Aesh. This w&a wrapped In H4>vpni.l thlolcnpnjips of paper, and
InnLdc wua a notp, as fFjUows:

'"This tn the knifp with wfileh Uip editor f>f tfi* Capital wu
to aHflcuislnAl'! rfn eu you w^nt from thE WUte Hou4e lo
thp Capiral. It wita toicen from bid iuldu l«g while ajlecpV

The Disputed Election of 1876 285

sending of troops to the disputed states brought upon
him a siorm of criticism, and the use to which they
were put in at least one instance would be dillicult 10
justify; but it 15 scarcely too much to say that their
presence in all human probability prevented bloody
collisions that niig^ht have led to yet more lamentable
consequences. Throughout he had labored lor a
peaceful and legal settlement.^ While in some things
he s^iowed himself perhaps too much the partisan, lie
afterwards said that had Tllden been declared elected
he would have been quite as energetic in securing'
Tilden's inauguration as he was in securing tliat of
Hayes- Unlike Buchanan, Grant "was quite prepared
for any contingency. Any outbreak would have been
suddenly and summarUy stopped." He *'did not in-
tend to have two governments or any South American
pronunciam^ntos." -

Thus when a rumor spread abroad that TiMen in-
tended to be sworn into office in New York, the Pres-
ident caused steps to be taken to declare martial law
in that cit>^ in case the attempt fihould be made. ■
As it turned out, these preparations were utterly need-
less. Mr, Tilden was far from possessing the tem-
perament of a revolutionist. Although some irrespon-
sible persons urged him to take the oath and later
criticised him for noi taking: \\, and although on the
3d the House oi Representatives pa&'^ed a resolution

I Church. Life of (^r^int. pp. 4tO-«r

8 TouiiK. ArounO \hf World wlLh General Grant H. pp. )Tt-
17a. Bt* oIbq H. R Ulfl- Dw. N'o. l\. 4CCh Canr Id Sn^-. Ul.
pp. iH-BflS,

iCh(fn^ p, ill.

The HaveS'Tilden

declaring he had received 196 electoral votes and "was
thereby duly elected President," ^ he saw dearly that
he had ro claim whidi would justify him in taking
a course that would inevitably lead to civil war. There
were, in fact, only two eontingencies under which he
would have asserted his claims: if Congress had de-
clared him elected, or if the House, on the failure of
a choice by the electoral colleges, had elected hiiru
"No cotilingency provided by the Constitution," said
one of Iiis closest friends, "ever exisled in which Mr,
Tilden could lawfully ot properly lake the oath of
office as President." *

So. despite the fact that some Democratic news-
papers, such as the New York Sun and the Indian-
apolis Sentinel, came out in mourning and said much
about "usLirpers" and *^the de facto President/' Mr.
Hayes -was peacefully installed. He started for Wash-
ington before the result was finally declared, reached
thai city on March 3d. and was entertained at the
home of Senator Sherman. As the 4th fell on Sun-
day, there was much curiosity and some uneasiness
throughout the country regarding what means would
be taken to guard against the danger of an interreg-
num. President Grant had taken it upon himself to
solve this problem. On Saturday night, the 3d, in
accordance with an invitation written on the 20th of
J^ebruary after the decision of the Louisiana casen the
President-elect dined at the White Hniise. Among the

\KkgtA. pp. 223B-2ZZ7.
fltfltfment tc il rcpocter at tbc Ume.

Disputed Election of iSjO 287

gucstfi present was Cliief Justice Waite. Jn the course
cf (he evening General Grant sent his sod Ulysses
for a Bible, The two Grants, Mr. Waite. and Mr,
Haves then repaired to an unoccupied room^ and there
the chief justice admioifilered the oath.^ On Mon-
day, the 5lh, the new President was formally inaug-
urated.

One of his first and most trying tasks was to estab-
lish peace in the South. In order that the aspects of
the settlement which was finally reached may be made
clear, it will be necessary to go back in time and con-
sider at some length certain events hitherto only refer-
red to.

It will be recalled that in South Carolina the board
of canvassers, before its hasty dissolution to avoid
the action of the court, had thrown out the votes of
the coufliies of Edgefield and Laurens because of gross
frauds at the polls. Their canvass showed the election
of all the Republican candidates for state offices ex-
cepting for the governorship and lieutenant -govern-
orship, the returns for which were by law tn be can-
vassed by the legislature; the choice of a House of
Representatives composed of 59 Republicans and $y
Democrats* with eight vacancies from the two counties
just named; and the election of enough Republican
senators to give that parly, with two vacancies from
the same counties, a majority of five,*

The le^slature met on Tuesday, the aSth of No-

i Sialemmi u( Col. "Webb C HarM,

S AnwHiU to H. R. Ml*. Do<. Ko, ZU M(b Con^, 3d Scbs. pft.

,S8

Thf Hayes-Tilden

vcmber. On the night before a company of United
States troops had occupied the Capitol, and these row
assisted A, O. Jones, clerk of the last House, and John
B_ Dennis, who claimed to be acting as sergcant-at-
arms, in excluding the I>emocralic claimants from
Hdgefield and Laurens from the hall of the House.
The Democratic representatives, with one temporary
exception, thereupon ■withdrew to the hati of a rifle
company and organized with General W, H. Wallace
of Union as speaker. The Republicans remained and
organised with E> W. M. Mackey of Charleston as
speaker. The important qLwstion then arose as to
which "body, if either, possessed a legal quorum of the
members. The Democrats claimed to have 66 of the
124 members, but of these 66 only 57 had been de-
clared elected by the canvassing board and held cer-
tificates from the secretary of state. The Republi-
cans, on the other hand, had 59 certified members,
and this number, they claimed, was a quorum of the
116 members who had been chosen.* The Senate,
with Lieutenant-Governor Glcaves in the chair, organ-
ized with much less disturbance and with all hold-
over members, and every newly cleclcd member who
had a certificate, present The Democratic claimants
from Edgeheld and Laurens and a person who had
been elected to fill the vacancy occasioned by the death

1 Sw H. R. R. No. 175, Part 2, 44th Cdtib. M Sbsb.h rp. IftO-
104, 1^4-139, ISH-liCt for thi? otHclal Joumale ard cth^r pap?rfl
benTlnff on Iheae nccurrenc^s, Al^o The Zfttiinn, XXIII» it 387:
j4i>tU(iJ CyelopBfdid, 1S7B. pp, 726-726; AUrHh pp. 4S(-44»;

Disputed EUction of j8/6 289

of a hold-ever senator from Abbeville county were
also present but were not allowed to vote. *

The Democrats protested vehemently against the
use which had been made of the troops and managed
to secure from General Ruger assurances that in ^e
future his men would confine themselves to preserv-
ing the peace and would not assist in keeping the
doors of the House. * On the morning of the 30th,
therefore, the Democratic representalive'i all marched
to the Capitol, and reached that building before many
of the Republican members had arrived. Some of the
Democrats who had ccrtiftcates were allowed to enter;
when they had done so, they turned, flung open the
doors, placed their backs against them, and thereby.
despite desperate efforts on the part of the doorkeepers,
enabled all the Democratic claimants, including those
without certificates, to get inside. Shortly afterwards
the remaining Republican members appeared^ and a
scene of great confusion ensued which In all human
proWbi]]t>' would have resulted in bloodshed, had it
not been for the restraining influence exercised upon
the Democrats by the presence of the troops.*

For more than four days both bodies remained con-
tinuously within the hall^ endeavoring from time to
time to transact business, with duai speakers and fre-
<luentJy with dual debates. In this contest each side
had some advantages. It was, says a Soulh Caro-

1 H. R R. No. 115. Part 3, llth CouR^ Z<i Sns., mt. 104-lOt,

2 Snuthen* Ilialorical Sc-dtlu pnpn-g, XJH. p. flS; Annual

S H. R R No. 176. Purl 2. Uth Contf. 2d Beu., pp. 103, 141 ;

New Tork herald tor Dec. J».

The Hayes-Tilden

linian. hard service for the Democrats "to be thus
shut up with these unwashed *wards of the nation'
sending forth a stifling native perfume, when the pierc-
ingcold without prevented necessary ventilation. Sleep-
ing, too, on dirty floors, each with a single blanket,
would read well in a story of martyrdom, but their
heads and frames ached nevertheless. In all this the
negriues had the greal advantage, as they were jnsl
in their element. The perfume served but to stimu-
late them to song and jollity, and a blanket big enough
to cover the head was all that each needed. On the
other handn in catfng and drinking, the whiles had
the incalculable advantage. While Sambo was munch-
ing his hardtack and cheese, he had to gaze wistfully
on baskets and boxes of fruit, and tempting viands,
furnished the other side in profusion by the rebel-
sympathizing merchants of Columbia and Charleston."*
Ultimately, however, the outcome of this novel contest
did not depend upon endurance: for the Democrats
learned that on the afternoon of the 4th a constab-
ulary force, backed up by the troops, would attempt
to eject the claimants from Edgefield and Laurens,
and rather than submit to this all the Democrats once
more withdrew to their former meeting-place, ^

On the following day the Senate and the Republican
House, which had now by desertion lost its quorum,
met in joint convention and proceeded to canvass the
voles for governor and lieutenant-governor. In do-

J Inland, p. 170.

S H. R. R No. 17B. pari 2, 44Ul Canff. 23 Sm*^ pr. Iftl, 1(1.

Disputed Election of l8j6 291

ing 30 they threw out the returns from Edgefield and
I^tireofi on the plea of violence and fraud, and de-
dared Chamberlain and Cleaves elected by majoritieB
of 3,145 atid 4.099 votes respectively,* Two days
later the two were inaugurated. *

Meanwlule the Democrats had attempted to secure
a mandGmu^ to compel Speaker Mackey to give up the
election returns for governor and lieutenant-govern-
or. The supreme court held, however, that a man-
damtts would issue only against a public ofhcer, and
thai, as Mackey was not speaker of the House, the
writ could not be issued against him. The decision
was favorable to the Democrats in that it recognized
the Wallace House, which had now been increased
by deserlioos from the Republican camp to 63 mem-
bers having certificates; tint it was unfavorable In
that It stin left ihem without the official returns.^
Nevertheless, on the 14th the Democratic House, to-
gether with the Democratic senators, proceeded to
canvass the votes, using in that work tabular stalc-
nients made from the county returns and from re-
turns which had been in the possession of the board
of state canvassers. As the result of their labors
they announced the election of Hampton and Simpson,
the candidate for I leu ten am -governor, by majorities
of 1,134 and 139 votes respectively. On the after-

1 H- R. H. No, ITE. Fki-L S. Aith Coil«. Id 3«B.. pp^ 114-11].

3 fMd, pp. 13&-13I.

t For court procwdlnta w« Appendix ta tL R Mia. Dik'. Nd.
tl. 44lh Cark0. Ed Scm., pp. 137 et *fr/, Tho [vMElan v&a also
dlnct^d afxlDflt SMrvtary of SUllB Hil>'ne. bul h** had tumBil
OV#r lh« rttumfl Lo Mukey. Sev aJao Bavthtm HUtorioaJ Ba-
€i€tif fttpfffv, Xm. p, T>. and The Natitn. XXni. pp. 3as. 3a«.

The Haycs-Tilden

noon of the same day these two also wer« maugTi-"
rated. ^

Both goverraiients asserted their claim to be the
legal authoritv of the state, and peace was preserved
only by the presence of the Federal trcxips. Not
long after his inauguration Chamberlain attempted to
pardon a prisoner in the ^niteniiary, witii the result
thai the question of his ri^ht to the office of governor
was brought up before Circuit Judge Carpenter. On
the 1st of February the judge held that the recent
proceedings gave neither Chamberlain nor Hampton a
legal title and that Chamberlain, as the former gav-
crnon should hold over until his successor had been
legally declared and Inanguraled. * An appeal was
taken to the supreme court, but before it was tried
a new case came up before that court as a result of
an attempt of Hampton to pardon Tilda Norris, an-
other convict. After a long trial and much delay
nothing remained save to pronounce judgment; but
at this Juncture Chief Justice Moses was stricken
with an illness from which he never recovered, thus
leaving but two judges, one being the negro Wright.
On the 27th of February an order was finally signed
for the release of Norris, but Wright asked that the
filing and publication might be delayed for a few days,
and Justice Willard consented. Two days later
Wriglit, upon whom all possible influences had been
brought to bear in the meantime, filed an opiniori favor-

1 Antiuai Cpclopa^^io. 1S76„ pp. 736-737; H- H. R No. 176,
Part £. *<ih Cduk- i'i Sff^^.. pp l^i-Hl.

3 Sonttten IHatvrical Societv Paprra, XITI. p. T^-

Dispuifd Election of l8y6 293

able to the legality of Chamberlain's claims and with-
drew bis signature from the order. Thus, although
the convict was freed next day, the judgment of the
court iiptm the meriE? of the claims □£ Chamberlain
and Hanpton -was not entirely clear- ^

However, the Tlamptor government had all the
while been growing stronger, that of Chamberlain
weaker- The supreme court had granted an injunc-
tion forbidding the banks which were depositories of
pubhc money from paying it out until further .orders
from the courts; and as property owners almost uni-
formly refused to recc^ize the authority of the Cham-
berlain government, tbe Republicans were left without
the sinews of war-* In this respect the Democrats
were more fortunate. Their House appealed to the
people to pay lo such receivers as Hampton should
appoint twenty-five per cent, of the amount of taxes
levied ihe preceding year. The appeal was answered
with enthusiasm, and enough money was received to
keep the government running.* In most of the coun-
ties the Democrats were strong enough to have their
own way, and even at ihe Capital there were desertions
from the Republican ranks. By the 4th of Mardi,
therefore, the Chamberlain government had dwindled
to a mere shadow, and was saved from disappearing
entirely only by the presence of the troops.*

ffOii. XXIV, p. HI; Npw VoTk Urmid nt March iA; R4>ynaEd«.
p. 4<T.

3 SmrAern H\atnrtcol Satiety Paprrt. Xin, p. 71.

3 ni4, m. 71-73: H. R R No. 17S, Part S. Utb Cone- 2d
Sm*.. M». 1*1-1 1
for CTJIy t* p*rr c«iU

lif-J: TAtf KattoH. :XXI1I. (L 116. UviipUai •ttvO

29f

The Ilayes'Tdden

The situation of affairs in Louisiana can be ex-
plained in fewer words. On January ist, the day
for the assembling of the legislature, the state house
was by Governor Kellogg's orders occupied by armed
police and mflitia, and no persons were admitted to
the legislative halls except those having certificates
from the returning board. The Democratic members
therefore withdrew to St. Patrick's Hall and organ-
ized separately, admitting not only those having cer-
tificates, but also those declared elected by the so-
called Democratic Committee on Returns. The Re-
publican men^rs remained and organised with 19
senators and 68 representatives, which was, they
claimed, a quorum in each House. The Democratic
legislature consisted of 21 senators and 62 repre-
sentatives, hut of these 4 senators and 22 rcprc-
sentaLives had no certificates save from the Democratic
committee On the following day the Republican
legislature in joint session, with, they claimed, a
quorum in each House, received the election returns
from the secretary of state, and declared Packard and
Antoine elected; the Democratic legislature on the
same day announced the election of Nicholls and Wiltz.
On the 8th the Republican claimants were inaugurated
at the Capitol ; the Democratic claimants at St. Pat-
rick's Hall, Next day a large force of armed White
Leaguers, under pretense of acting as the state militia,
gained possession of the police station and court-
rooms, installed Democratic appointees as judges of
■flie supreme court, captured the state arsenal, block-

Disputed Election of 18/6

aded the state house, and would doubtless have over-
thrown ^e P2c^r<l government entirely had it not
been for the interference of United States troops,*
From thai time on until March the Federal govern-
ment, without recognizing either claimant, preserved
the status quo. As in South Carolina, the authority
of the Republicans grew weaker and weaker; some of
the parishes slipped out of their graap, and there
were numerous desertions from their legislature: the
causes of this decline in their strcngtii lay in the
fact that their opponents were supported by the great
n^ss of property owners and taxpayers and by prac-
tically the whole of the stronger white race. ^

Soch then, was the situation in these two states
when Hayes came to power. The South Carolina
problem was the first solved. The initial step in its
solution was a letter written on the 4th of March to
Chamberlain by Stanley Matthews and indorsed by
William M. Evarts^ who had been selected by Hayes
as his secretary of stale. The letter asked the gov-
ernor's concurrence and co-operation in some arrange-
ment whereby the continued use of Federal troops
might be rendered unnecessary and that government
left to stand which should prove itself able to stand

1 Mr Aoooimt of Uiese mattBrv Is baaod upon fliM ef tit*
Worid, HBraia, and Tines- ttte IvflBlaUvv joutuftlt; a pamphlet
tntnicil Ltc^ Stnfu' c1 thp Lr>ulflliuiik Btate Gn^-^^mra^at. pub-
IlitiH] tty \tir FjirkHTfi ifRiBLfliur?: another enuupd OrxanlinU'ni
of Uie HouBF of Rtpj^n^nt^itlvefl, puWIahcd by the &dhi3r«rita of
MlcTiailB; (efltimanv of Burke, FbcJutiI K^Uan. an^ otbor* Itc-
fQr» tho Potter Commltteev

a 8h BL R Ml>r Doo. Ko. SI, 45tli CodC- Id S«u., lU. K>.

296

The Hayes-Tilden

of itself, 1 The proposal was indignantly rejected by
Chamberlain, and no further !iteps of impOTlance were
taken for a fortniglil. On the 23d of March, how-
ever, duplicate letters were by the President's order
addresse^i to both cl^itnanCs asking- them to come to
Washington and confer with the Prcsidcnl upon the
sitimtion. ^ Both complied with the request, and
while in Washington had protracted interviews with
the President and members o£ the cabinet- Cham-
berlain and the two South Carolina senators pro-
posed that the election controversy be submitted to a
commission of five, but the Democrats had lo^t faith
in commissions, and declined the ofTer.^ By the Pres-
ident's request the Republican claimant also set forth
in a letter his objections to the withdrawal of the
troops; such action would^ he said, inevitably result
in the downfall of the Republican government before
the superior physical force of its enemies and in "the
quick consummation of a political outrage against
which I have felt and now feel it my solemn duty to
fitniggle and protest so long as the faintest hope of
success can be seen/"* Hampton, on his part, asked
that the troops be withdrawn, and gave pledges that
if it were done no violence would lie used bj- his
party and the constitutional n'ghts of all parties would
be respected- With the concurrence of the cabinet*
the President at last decided to grant his request and

1 For this lAttor and CbB-uiberlDln'o rep]; kb Allen, pp. «ftft
and 47D: Kevnold*. pp. 457-163-
3 Alltn, p. 4^3-
a Ibia, p. iJi.

i iitd. pp. 47i-in.

Disputed Election of iSft 2Q7

bring Federal interference in South Carolina to an
enfL^ On the loth of April, therefore, the troops
were withdrawn from the stale house to the garrison
post; on the iitli Chamberlain, who had already an-
nounced that he would not prolong the contest further,
turned over the executive office to a representative of
Hainpton; and, to the great rejoicing of the white
inhabitants. Radical rule in South Carolina came to
an end, -

The process of settlement in LouUiana was slower
and nxire complicated. In that slate the problem
which faced the Administration was much more em-
barrassing^ ; for while in South Carolina the Hayes elec-
tors had received a majority of tlie voles actually
cast and Chamberlain bad not, in Louisiana Packard,
whom it was now proposed to sacrifice, had received
many hundreds of votes more than several of the
electors. How then could the Packard KOvernment be
allowed to fall and yet leave a semblance of title to
Hayes?* So perplexing did the problem prove that
after telegrams sent by President Grart on the ist
and 2d of March to the effect that public opinion
would no longer support the maintenance of ^tate
governmextts in Louisiana by military force. * no

1 AUen, p, (T9; Now York T*mc*, April %.

2 Allen, pp, 4G0'<Bff: I^UtDd. p- 171: finulAern Hint^rical Ba-

3 S»f» BmlfkT'fl report a» n member of (he Potter Coramlitee.

IL R R No. 140, 4£tb Conff. 3d Sens., pp. 11^-114.

4 The flr^t telctffnni wa* aent by the rreHldFnfH prl*nlc ««*-
U.17 to PncKam an Mamh IaL — K. FL MLk. Doc. So 3l, 4fjfn
C&iiff. 3d S*«.. I, pp, 63;, I9<1, tt«], 1041, in. p. B5, Ttie KrXp-
Cram an?" fv[jpnn'rt lo (it-n. Aiipir ^v c^-n. sn^rmari nn th** Id
Mltur. \t b»a been cliUmad. Preo. (Jraat bad h«U a pcrtooAl LnUr^

298

The Hayes-TUden

further steps o£ importance were taken for almost
four weeks. Some of the Democrats who had been
parties to the ''bai^aia" chafed exceedingly under the
delay. By the 28th of March Mr, John Young Brown
had become so impatient that he pubUshed the written
guarantees of Foster and Matthews in the LouisviJle
Cottrier-Journal and demajided of the President "ful-
fillment of the assurances" therein contained. ^

On tbc same day, in accordance with a plan he had
already formulated, ^ the President appointed a com-
mission to go to Louisiana and arrange matters. The
commission was composed of General Joseph R. Haw-
ley of ConnecTicui, Judge Charles B. Lawrence of
Illinois, General John M, Harlan of Kentucky, ex-
Govrmor J. C. Brown of Tennessee, and Wayne Mac-
"Veagh of Pennsylvania. The commission was direc-
ted to proceed to Louisiana and there ascertain what
were the hindrances to a peaceful conduct of the state
government without the interference of the Federal
authority. They were to devote their "principal at-
tention to a removal of the obstacles to an acknowl-
edgment of one government;" but "if these obstacfes
should prove insuperable from whatever reason, and
the hope of a single government in all its departments
be disappointed/' it was to be their next endeavor to
accomplish the recognition of a single legislature as

^ew with Htky^—Jbtd, J. p, tB7 ; m. vp. H2S.<SB, Theme tflls-
ip-ams were latf^uded Xf> fuLQl tlte agrHmpnC bul 11 l« dlfflcuU
to »f*: how tbey ftlTtof^ thp italiiB then «itlAtlnf kn l^alalfta*-

1 N*w YoriE rrtNine wid T<m« oT March SSUl

2 7ltn«4 of kUrcb 230-

Disputed Election of 1S76 299

the deposiiary of the representative will of the people
of Louisiana.^' ^

Into all the details of their work tt is unnecessary to
enter here. They reached New Orleans 00 the 5th of
April, and at once set to work. The Democrats did
aJ! in their power to further the performance of the
task. Their legislature passed conciliatory resolu-
tions indorsing tlic President's policy, promising to ac-
cq>l in good faith Ihc Thirteenth. Fourleenth, and Fif-
teenth amendments, and guarantee in g school priv-
ileges to both races ; these reEolutions were transmitted
by NichoUs, along with his own personal pledge, to
ihe commission.* The Democrats rendered especially
e£Eective aid in securing the recognition of a single
I^slatiire, which was the goal towards which the
commission found it expedient to direct its labors.
The members of the Packard legislature who had re-
ceived majorities of the voles actually cast were given
to understand that upon joining the Nicholls leg-
islature they would receive $8 per day for their pre-
vious services and forty cents per mile mite^e. As
the Packard government was bankrupt and as most
of its legislators were poor negroes, the offer proved
in many casfs 100 strong to be resisted.^ Some of
the more important leaders are said to have been bribed
directly widi money coming from the Loiiisiana Lot-

1 Pflf th* full lnBTfi]*^oni. wbleh w«fv wrlftan by B»CT«tBjy
of etBl« BvnrtB, Afw H. R. Ex, Jto^ Ko^ 9'i. 4Gtli Ccrnr- Zd Sou.,
p. t.

3 H> R. Mis. lM>c. NfL A\. i&tb Cone. Bd sfm.. in. a vs.
3 nM. t. FE. tn. 840, 10s,

The Hayes-Til Jen

tcry Company. ^ Other meirbers who refused to be
bribed but who feared for their personal safety in ca&e
they held out resigned, and by the aui of April the
Packard legislattire had practically ceased to exist. ^
Three days later the troops were withdrawn to the post
below the city; Packard and his remaining aupponers
g^ve up the struggle ; and the authority of the NicholU
government was everywhere established without blood-
shed.^

The settlement in Soutli Carolina and Louisiana was
not reached without arousing- a storm of protest in
the President's own part)'. Boirtwdl and Butler of
Massachusetts, W. E. Chandler of New Hampshire.
Blaine of Maine, Wade of Ohio, and others, together
with a considerable portion of the Republican press,
denounced the President's policy in unmeasured termSn
The failure of the Administration to uphold ihe Re-
publican claimants was characterized as a cowardly
and treacherous abandonment of the Republicans of
the South to their bitterest enemies.*

1 H R. Mil, iJot No. ^I. iSih Coae, Sd S#n, In. p. tRt
H. R R No, Hfl. 4Stli CotiS. 2U Seas,, p- lit; McClurc, 0«r
Pf^Bldpnts and How We Maicf 'I'hfTo, p. ZiT.

a H. fL Bk- Doc. No. 97, lEtli Cvng. 2d Sbm,, p, n ; Ft H.
ULs. Uoc. No. 3], 4Glh Cang. Sil Sc^hit.. I, jy ««[>; in. pp. If^ et a9q.

3 For rLi^cDunta of the whole Loul.ilqna JfLtuatJoii a^* trnUmoay
or Par^arf]. Riirbce. Ellin, and otliers In Ibid. TIi? rwrllmanr
of l:iuThT? and Pnclmrd conmln* many Impdrtiuil docuniFTiia. la
preitarlnv mv nccnunl T hnvi alsa uhdiT Ihe ft\e-a oT Th« A'a/fod^
Barpf'a WtrTdv, The Tiinoi, Uerald, etc.

4 W« TM Natinn.XXIV. pp. 3B4. Ilfl. 34Z, XXV. p. 117: ITar^
pBT'a Weekljf, XSI, pp. ^it. SOS, &5B; Blntne. Twenty Ywuti of
ConffTefiS. 11. p. 5Hfl : JrJin Shf*miJiTi's RprnlUictlonii, I, p. fi^( ;
Hoar, Aurobloi^iaphy. n. p. 1£ ; Con^resalonaX Record. 4Stb Cook
np^cfal a^as. nt SenntP. pp, li^, 20. etc.; s.nd n pomphtel by W. C.
CUfUidlvr, entllliMl "Gun Such ThliiRV B* and Overcome Ua l^lke
a aumra*T Cioua wtthoui our S[wtIhI Wonder?' Thp Xew York

SoQtriFm policy.

Disputed Election of l8j6 301

Nor was thbs feeling unnatural; for, from whatever
point of view the settlements are regarded, they pre-
sent some rather extraordinary aspects. In the case
of South Carolina, to be sure, a fairly consistent de-
fense couM tie made. On the face of the returns the
Hayes electors had been chosen w^tle Chamberiatn
liad not been ; the title given Chamberlain by the leg-
islature was open to question; the courts had inclined
to support Hampton's claims ; and the Administra-
tion's part in the Republican downfall had been con-
fined to refusing to decide between the claims of the
two parties and to removing the troops and thereby
allowing the stronger claimant to take possession.
Btit in Louisiana the situation was more complicatcd-
Upon the face of the returns Packard had received a
considerably lar^r vote than several of the Hayes
electors, and his claim had been favorably passed upon
by a legislature containing an alleged quorum of
members declared elected by the same returning t>oard
which had canvassed the returns for the electors. A
possible escape from the conclusion that the claim of
Packard was at least as good as that of Hayes would
be to adopt the theory thai since the state constitution
provided that "each House of the General Assembly
shall judge of the qualifications, election, and re-
turns of its nicmbefs," the law conferring upon
the returning board the power to canvass the
votes for members of the Assembly was unconstilu*
tional. and that as a resuh the legislature which had

302

The Hayes-Tilden

declared Packard elected had not bten a legal one.*
Instead, however, of taking the attitude that Pack-
ard and he should stand or fall together, the Presi-
dent had, thrcug:h a commission sent to Louisiana for
that purpose, worked to overthrow Packard and his
gcvernment, ^

But there are other aspects oi the case which must
be considered before any final conclusions are drawn.
While the title of Packard may have been fully as
good as that of Hayes, it does not necessarily folkiw
that because Hayes declined to support Packard in
maintaining his title he thereby acknowledged, as was
claimed by Democrats, the worthlessncss of his own.
The conditions surrounding the two were entirely dif-
ferent. At Washington Republican administrations
had no difficulty in maintaining themselves ; but in
Louisiana for some years there had been Republican
governments which, while probably representing a ma-
jority of the inhabitants, had not represented the in-
telligence, the property, and above all the physical and
moral force of the state, and in com sequence
had stood only by grace of support afforded by Fed-
eral bayonets. Now, the Constitution provides that
the United States shall protect every slate, *'on appli-
cation of the legislatiare, or of the executive twhcn
the legislature cannot be convened) ag^ainst domestic

1 For a fuller fltat^ment o( th.ia EhfHJry dh ivpcirt of the ooin-
inlEietaii to tbe FrealdrjLl Ln H, R> Six. Xfoc. So. 57. ^h^h Cong. IC
Sfffl.. p. J^

E Nol only^ had the President ient ttao camralBwIcin but after
Iti work vad ^hd^fl. In nrd^r la break up th« Pirt&rd BupredDa
DDUrt, he Bpiffilnteij un? vt It^ JudBeSh J. IE. K(nK, wllPCCor of
New Orieana, — Triftuic of April SOth.

Disputed Election of 18^6 303

violence;" but it can hardly be held that the Constitu-
tion contemplates a situation of affairs such thai pro-
teciion, actually exercised in the form of military aid,
shall he continuous. Commoti sense dictates that
there must be an end to such aid sometime- It could
reasonably be claimed that the proper time in Louisi-
ana had now been reached. ^

There were yet other considerations which rendered
a policy of non-interference necessary. Even had the
President not been bound by the promises of his
friends, it would have been impossible for him to
uphold the Republican cl^mants. Public opinion^ as
Grant himself had telegraphed ^ to Packard, would no
longer support the maintenance of state governments
in Louisiana by military force. The House had al-
ready refused to pass an army appropriation bill for
the ensuing year, and would doubtless refuse to do so
as long as there was danger that the troops would be
used in the South. Under the circumstances to have
attempted to maintain Chamberlain And Packard
would have been to court governmental demoralisation
and inevitable defeat, ^ Even had he desired to do
otherwise, prudence ivould therefore have dictated
to the President that he acquiesce with the best grace
possible in what in some respects may be regarded as
a bloodless revolution in the states of Louisiana and
South Carolina.

I T%9 JVaI*OB. XXIV, pp. I7>, tU.

a Unitor d&ie of Man± 1.— H. R. UIl Doo. No. JL 4Etti Cons.

3 Hoar, H. p. II.

30+ The Disputed Election of l8j6

Whatever were ihe causes which produced It. the
resuhs of the new Southern policy were on the whok
good. It is true that the promises made by the Louis-
iana legislature, by Nicholla. and by Hanipton were
kept only in part by the white people of the two
sutes ; but it was something that 5uch promises shoLild
be made, and, after all, the reaction which followed
might have gone much farther. It is also true tiiat
the Rqiublican pany practically disappeared in ihe
South, and as a result the freedman in efTect lost hU
political rights; but he preserved his civil rights, and
he lived under a better government than when he him-
self had assisted in making and administering the
laws.

Thus ended the story of Reconstruction. It had
been a lurid drama, but one which from the nature of
things may be said to have been inevitable. For on
the one side had stood a class who were disincllred
except under compulsion to concede to all men the
basic rights of human liberty; while on the other had
been a class who, though staunch advocates of Hbetty,
were loo unmoral, too ignorant, to govern either purely
or efficiently. Many lessons might be drawn from the
period, but the chief la this:

"He who is unwilling to concede liberty to others
deserves it not for himself, and under a just God can-
not long retain it/'

CHAPTER Xlir

THE POTTER COMMITTEE AND THE ClPHEft DlSPATCHtE

It would seem that after £o perilous an experience
as thai through which the country had just passed
statesmen ought never to have rested until the recur-
TcncG of such a cHsis had been guarded a^inst by
The necessary legisJalion, Numerous proposals for
changes in the electoral system were made in the years
immediately following* bul not one of the many bills
and amendments brought forward was incorporated
into the law of the land. Not, in fact, until a decade
later, after two subsequent Presidential elections had
occurred, did Congress pass a bill providing a per-
manent plan for counting the electoral vote. ^

This bill was signed by President Cleveland on the
3d of February, 1S87. In the main it was in accord
with the principles laid down in the decisions of the
Electoral Commission. It provide<i that a state may
finally determine every contest connected with the
choice of electors, but that such determination must
be made in accordance with a law passed before the
electors are chosen and that the decision must have
been made at least six days before the meeting of the

1 FVt a rynop^it of Mmp of thwe pFDT4<AlB «• Dougtortr,
Tna filevlurvl CvinmlrvLcjnH pv. 2i*. 3Q4.

3o6

The Hayes-Tilden

electors.^ Where such a determination has been
made, it must be accepted; but m cases where there
is a conflict of tribunals that return is to be counted
which the two houses concur in receiving- In no
case is a return to be thrown out except by the con-
sent of both houses; when the two cannot agree, that
return is to be received which is certified by tiie ex-
ecutive of the state, ^

The long delay in remedying the defects in the
electoral machinery was in part due to the fact that
both parties were far more concerned about the polit-
ical effects of the great dispute than tliey were inter-
ested in statesmanlike efforts to secure the country
from similar dan^rs in the future. Revanche in
1880 — that was the goal towards which all Demo-
cratic endeavors were directed. With this idea in
mind, although yielding a grudging obedience to *'the
de facto President/' they were careful not to allow
the methods by which that President had been seated
to drop out of the public's thought for an instant. Tn
almost every issue of almost every Democratic news-
paper there appeared at least one reference to the
"Steal r Hayes was a ^'Usurper." "the Boss Thief;"
Liberty had been "stabbed by Radical Ruffians;" the
"Death knell of the Republic" had sounded. Nor did
the cry lessen in intensity as the months passed. Even

1 Tn order to sEve mors tlm» for ruch detenn1nB.ELon, the law
proTldcfl Uu.t Ihe rlectora stj&tl not meet unUl the decond Uoa-
dftjr \j\ Jnnuary.

2 U, 3' 3t4iu(« at l^rs4, vol. 31. chnp^ DO, [»p. 373 tt aeq-
GvpT this law In munr reftrecCfi In unaatlafaftary and In aoitu
rcBp«ct8 \9 defective. For a detAlltd crltlcJsm see an arUcla tj
Prer, Bi]T»»w In Tkt Political Seiencs Quarturljf, ni. p. «»1.

Disputed Election of l8'j6 307

after the quieting effects of a Irip to Europe, Mr, Til-
den himself proclaimed from the steps of his mansion
at 15 Gramercy Park that he had been deprived of the
Presidency by a "political crime/' which the Ameri-
can people would not condone ''under any pretext or
for any purpose,"^ This opinion he iterated and re-
iterated on all possible occasions. Of all those en-
gaged in denouncing Republican wickedness and de-
manding the *'keenj bright sunlight of publicity" none
was more insistent than Mr. Manton Marble, former
editor of the New York World, author of the famous
"Reform" platform of 1876. and himself one of the
Democratic visitors to Florida.*

In the hope of securing further evidence for polit-
ical use, Mr. CUrkson N. Poller of New York, at the
instance of many leading Democrats, including, il
seems, Mr. Tildcn himself, ' introduced in the House
of Representatives on May 13th. 1878, a resolution
calling for the appointment of a committee "to inquire
into the alleged fraudulent canvass and return of votes
at (he last Presidential election in (he States of Louis-
iana and Florida,"^ The Republicans opposed the
resolution on the ground that, by reopening a question
once settled, it would harm Ihe interests of the coun-
try; and they cjuite justly urged that If such an iu'
vestigation must be undertaken it ought to be gen-
eral in its scope and include a probing into the frauds

INew Tork ilr.rQlii. OcL asth, 1177.
IS«« Mil l4>(t«r to chf ffuh of Au<- 1^ \%1%.
tCbarstd by BLalnv. II. p. EiSS.

I Aa 4)uoted at the befflriDliiV i>t tbe majority report Of IA«
ooinmltlee.

3o8

The Hayes-TiUen

and violence in Mississippi, South Carolina. Alabama,
Oregon, and elsewhere. But, despite aJI tlicjr efforts
and also the opposition of a few Dcmocrats» * the res-
olution was at length carried; and the commitlee was
appointed,^ it consisted of Clarkson N, Pottcrj Wm,
R- Morrison^ Eppa Hunlon. Wm, S. Stcnger, J, A.
McMahon, J. C. S. Blackburn, and Wni, M. Springer.
Democrats: of Jacob D. Cox, Thomas Bracket!
Reed, and Frank Hiscock, Republicans; and of Mr.
Benjamin F, Butler, political affiliations at this time
uncertain.

Conditions were not unfavorable for accomplishing
the purpose for which the co>mmitlee was created. By
the President's policy towards tlic South many Repub-
licans, both white and black, had been rendered his
bitter enemies; others feU injured because, in their
estimation, they had not been properly "rewarded;"
yet others were anxious to make their peace with the
now dominant party in that section: from among all
these it proved easy to gel any number of witnesses
willing, nay. even snicious, to testify in detail to any
amount of Republican rascality, both real and imag-
ined, *

In Florida one of the chief witnesses was Samuel B.

1 r*f Nation, XXV, p. S31.

: The ilBbiLiBB ijn the rmuJutlons »t€ slven In the ReiTartf, IStli
Cons. I'd Staa-H pp. HJ9 pf t^eif.

S Tht f-^ation. TiXVU, u. 217. Tn thfrlr report llie Democnde
DumWrB of the iwmnilltet eiifd: "Thv character of penooB «a-

BEed hi conaplrHcli-d such hb ihoM- In ijutstkun In Floiida snO
dlplana iH^njlrcfl (hnt thefr Btntpiricrta, whether fn confeoBiOTi
or d-;[ilal» should iw rvctlvi^il wlUi fiDBplclcn. It whb ijnavoLda.UBt
from thn^ i^harQPl^r of tbose i^onc^m^d, thst thv <»iTinilItB*
Hhuuld be espoaed 10 mlaTHht ano irapoeulcm,"— H. R- It Na
140. 45th Cans. 3d Shh., p. 4, S« nitKi p. 3.

Disputed Election of l8j6 309

McLin. ex-member of the returning board. This ficn-
tJeman was in exactly the proper frame of mind to
testify freely. After the inauguration of Hayes he
had been made associate justice of New Mexico ad
interim^ but owing to the opposition of Senator Con-
over of Florida had not been confirmed hy ihe Sen-
ate; after vainly waiting for some months in the hope
ot receiving another appointment, he had decided that
duty demanded that he should tell the truth about the
election of the President who had "basely betrayed and
mercilessly destroyed the Republican party of the
South." Accordingly he had published an affidavit
in which he said:

'T-ooking back now to that time, 1 feel that there
was a combination of influences that must have opcr-
aied most powerfully in blinding my judgment and

swaying my action 1 was shown numerous

telc^aniir addressed to Governor Steams and others
from the trusted leaders of the Republican party in
the Nonh. insisting that the salvation of the country
depended upon the vote of Florida being cast for

Hayes Following these telegrams trusted

Northern Republican*;, party leaders and personal
friends of Mr, Hayes, arrived in Florida as rapidly
as the railroads could bring them, I was surrounded
by these men, who were ardent Republicans, and
especially by friends of Governor Hayes, One gentle-
man particularly. Governor Noyes of Ohio, was under-
stood to represent him and speak with the authority
of a warm personal friend, commissioned wJtli power
to act in his behalf. These men referred to the gen-
eral destruction of the country should Mr. Tilden he
elected ; the intense anxiety of the Republican party of
11

3IO

The HayeS'Tilden

the North and their full sympathy with us. I can-
not say how far my action may have been influenced
by the intense excitement that prevailed around me,
or how far my partisan zeal may liave led nie into
error — neittier can I say how far my course was influ-
enced by the promises made by Governor Noyes, that
if Mr, Hayes became President T should be rewarded.
Certainly these infliieticcs must have had a strong con-
trol over my judgment and action."

In his testimony before the sub- committee which
examined him Mr. McLia elaborated upon the state-
ments made in his atHdavit, ^ He stated that certain
of the Republican visitors, and especially Mr. Noyes.
W. E. Chandler, and General Lew Wallace, had as-
sured him that if Hayes were elected he (McLinl
would be well "taken care of," He also stated that
since the contest was over an election officer named
Joseph Bowes had confessed lo him that at precinct No,
9 in Leon county he had stuffed the box with 74
"little jokers;" that L, G. Dennis,^ county chairman
of Alachua county, liad boasted that he had sfcured the
election of Hayes by causiiig 219 votes to he added to
the returns of one of the precincts ; that he had learned
that in Jefferson county 100 Republican votes had been
added in a similar manner: and that he had heard of
other Republican frauds. From these facts McLin de-
duced the conclusion that the electoral votes of Florida
had rip;htfully belonged to Ttlden. Upon cross-ex-

1 For bl9 QlfldftVll see H- R. MIh. Dm, No. 31, ISth Conff,
3d Sfm., II, p. 99. ^OT his (esllmony. Ibid, and aiao pjt. lift,
137, IBO.

2 Dennis TH?elv«47 a KCfVprnTTiPnl pnglilon, buT laler lout M. H*
Ihcn made a "HtalFntenL" His evltlenc^ bore oiil UcLla'a en
tbt palm reftrred ta. He bJ» ms-dp ather r«vBlatlOTi«-

Disputed Election of l8j6 311

aminadon, however^ he said that his decision had not
been swayed by offers of position, and admitted that
he had hea.rd of other Democratic frauds. He also
made the interesting statement that while the case
was before the returning board he had been assured
by Mr, Manlon Marble that should Tildcn be elected
there would be no danger of McLin's dying poor, '

The Louisiana testimony, many o£ the facts in which
have already been used in this book, bore on such
subjects as bhc fraudulent registration in New Or-
leanSr the "manuEacture" of protests and aflidavits, the
forgery and subsequent manipulation of the second
set of electoral certificates, the alleged promises made
by "visiting statesmen" to eleclion officers, the Worm-
ley Conference, and the work of tiie MacVeagh Cora-
mission. ^

One of the chief witnesses in Louisiana was James
E. Anderson, ex- supervisor of the parisli of East
Feliciana. Anderson had expected a reward for hi*
services and had been appointed consul to Funchal;
but representations rc^rding his character had been
made to the President by H. V. BoynloHn and his
commission had been withheld * After several of his

1 UcLln ddmlttpd ^^ hla lestlmnny thai Noyea b&d nevsr

ErdmlvHl tilm d TAwnrd ti^^ror' thi* POEiF^n «a« Jeofd*^ — H. R,
ria. Doc. ^o. 51, (fiUi Cnii*. i,] 9«s., II. j. lOt, ChaniJfr d*-
Til«d havlnr ntt^/Sf him nny t^romrH — Ibuf, I. fi AfH. WaJlatM
A4mltt«<!! having lold McUn ha had no doijbl Hayea woiJd Uk*
»r# of hm rtlrnds. — Ibid, I. p. h\*.

Z For a r>vm'>craclp viimiruiry i>r (hv lymlHliina tHtlmonr ■««
H. PL R. Ng. nn. |fi[h Ceil, id Sosfc. PP S8-(7, Hofcrwicw *r»
gnen to Bornc ot Uit moBi imporionT u-Vitaany Tm^ R^iiubUcui
ylcv I0 fflTvu on pp- fl4->l-

tn. H. uii. ddc. nl>. si. tstix coar 2d e«M» 1, pp. isi, IK

312

The Hayes-Tilden

attempts at blackmaif had failed Anderson was ready
to make a confession,^ One of his stories was to the
effect that he and E. L- Weber, supervisor of West
Fehcianai had refused to make protests until they had
received definite promises of lucrative offices. He
claimed that a written promise had been given them
by John Sherman, who was now secretary ol the
treasury. He was unable, however, to produce the
original letter, and claimed it had been on the person
of Weber when Weber was killed by political enemies,
and had then disappeared. Sherman denied ever hav-
ing written such a letter, though he admitted there
were some things in it which he might have written
if he harf been asked. ^ There is some reason to be-
lieve that it was forged by an eccentric adventuress
named Agnes D. Jcnks, whose many examinations
before the committee were productive of much amuse-
ment but o£ very few facts. ' There was probably
more truth in some of Anderson's other charges,*
though how much it is impossible to say, for he was a
self-confessed liar and later offered to make a counter-
confession, ^

Much testimony was taken to prove that the affi-
davits to acts of violence and intimidation had been
falsely and fraudulently made. More than a dozen
negroes retracted either in whole or in part the affi-

: H. TL MEb. Doc ^''o. 31, 4Sth Cons- Ad Se«.p T, pp. \^. 14.

2 Ihiii, pp. IE, 7A«.

% ihid. pp. m. asT. 3BQ, iu. t\^. lu, &«o.

4 For Andftrson'fl reBtkmcinv eeo ibfit. pc. 1. SS, <4^ T2. 161,

& The tiatiem, xxvri, p. sa«.

Disputed Election of l8y6 313

davits signed by them.' Doubtless some of these re-
tractions were in accordance with the truth, but there
is reason to believe that some of them were the result
of fear or of the expectation of pecuniary reward.
Two witnesses who were expected to retract refused
to do fio» and said that they, with other witnesses,
had been carefully watched and coached by a Demo-
cratic agent- One of them produced $35 which had
been given him as a part of his reward. The agent
later admitted giving the money, but took refuge in
the prctcTisc u£ a *1oan" and a "set-up job/'- What-
ever may be the truth about this particular matter,
it is certain that all the Democratic efforts did rot
sufhcc to bring to life a single one of the negroes who
had been killed by bhe ^'bulldozers."

Even more effective than the testimony which has
been described were lists drawn up by the commitiee
of persons who had been connected with the canvass
in Louisiana and Florida and who had later received
Federal offices. Of the "visiting statesmen" Noyes
had been made minister to France, Kasson minisicr
to Austria, Stoughton minister lo Russia, Lew Wal-
lace governor of New Mexico, Coburn a commis-
sioner of Hot Springs, and John Sherman secretary
of the treasury. Of the local politicians in the two
stales. ex-Governor Stearns. Dennis, who had been
connected with the Alachua frauds, McLin, Wells.
T. C> Anderson, Kenner. Packard, and almost evcrv

1 For ■om'? <ii ihl" ttiUniony aee H- ft Wis, Dijc, No. 3L
: aid. pp. U2. Slfip }». 370, ST4p 1>S, 314; 1, p, lilt.

3*4

The HayeS'Tildtn

person engaged in making protests^ getting evidence,
making returns, and counting the votes had received
ofiices, some of which were very lucrative. ^ There
was no conclusive proof that these appointments were
intended hy the President or by any of his cabinet
officers as rewards for questionable services, but the
circumstances cerlainly lent themselves to that view.
The most charitable construction is, in the words of
Mr. Butler, "that post hoc is not always propter hoc" ■
The revelations resulting from the work of the Pot-
ter Committee were spread broadcast over the land
by the Democratic press and gave promise of a boun-
tiful political harvest. The Democrats were jubilant;
the Republicans correspondingly depressed. The Re-
publican leaders foresaw that unless something could
be done to break the force of the disclosures their
party would meet with overwhelming disaster in the
approaching congressional elections. Furthermore,
the Democrats would in j88o renominate Tilden, and
would, in truth, "right the Great Wrong/' Of
course everything possible was made out of the
unquestionable fact thnt a great deal of the testimony
was unreliable and tliat the investigation was ex-
tremely partisan and one-sided; but this, tt was felt,
was not sufficient. Something; more must be done.

1 For thcff? llB(ii see report of the majorlly fn H, H. Tt. Tfia.
140. 4Eth Cnnf. it\ H^af., fip. 22. 4»U41I

S Ibid, p. 100. Bome of the leoH T>ronilnFnI Republfcana vnre
VnquesllonnMs" ffuMl? of prmf'sTrlnE rpwards fof comipr prte-
ttcfl. Tht DiUtokcB rnn<3c hy the PrenidTil In thlo rcBpact s^em
to rtnvp rpMiiipfl in part at rfsnt from fniiowlnr tied ndvlos tt-
KB.TdlTiff peroDDA concfmlnff nhom he Icnrv tittle or notbLoi;.
WJipr. a* !n TliP CB-hp nf Jbitips E. Anderson, he ^•?pfimc ooti-
vlnced itf a man's ^BhoncBtj, ho ixfuoed to go furtber.

DispuUd Election of l8y6

An opportunity was long in coming, but come it did

2nd in unexpected manner.

Back in January, 1877, the Western Union Tele-
graph CoTTipany had been ordered to deliver lo com-
tnittees of Congress all dispatches transmitted by Re*
publican and Democratic leaders during die campaign
and the exciting days which followed it. Of these
dispatches, amounting in all to more than 30,000, many
were in cipher. Out of the dispatches in their pos-
session the Senate committee had unearthed the Dem-
ocratic conspiracy, already described, to purchase the
vole of a Republican elector in Oregon, — -but other-
wise the examination had not been searching enough
to discover anything of much importance.^ After a
time all the disparches. as was supposed, had been sur-
rendered to the company and had been taken back to
New York and burned.

Unknown lo the company, however, some of
the iclegrrams which had been in the hands of the
Senate committee liad not been given up. About 750
had been abstracted, and in May, 1S78, were in the
possession of Mr, George E. Bullock, who had been
messenger of the committee and protege of its chair-
man. Senator Morton, In the month mentioned Bul-
lock iveni as United States consul to Cologne and left
the dispatches in charge of Mr. J. L. Evans, who in
turn gave them to \fr. Thomas J. Brady, second as-
sistant postmaslcr general. Not long afterwards, in

] For the drlaMB of th» Inveatlffntlon bj th« House commit-
1H uift Ih* <p|#ffrnFniL ^iflmlnAJl by It bh H, R- BO*. I^OC NA.
41. I4lh Cdci«. ?i3 Schj}.

The Hiiyes-Tilden

way* which it is unnecessary to describe, a portion of
thtm, cither in the original or in the shape of copies,
were put into the possession of the New York Trt-

bune. ^

That newspaper, then as now hotly Republican, was
on the lookout for anything that gave promise of
helping to bring about the discomfiture o£ the Dem-
ocrats. But as all the important dispatches were in
cipher, their possession for a considerable time resuUed
in nothing. NeverthdesSj the managers of the paper
proceeded, In tlie words of Mr. Whitclaw Rcid* the
editor. '*to play about them for a little while. First,
we threw a few of them out in editorials, trying to
make a Kttle fun out of them, and attract attention
to them in the hope that somebody would turn up who
could decipher them. Nobody came forward, how-
ever, and then we attacked them seriously." =

The problem to which the managers of the Tribune
set themselves was a difficult one in the extreme,
for in sending the telegrams at least six distinct sys-
tems of crytography^ some of them very complicated,
bad been used. At last, however. Colonel William M.
GroBvenor and Mr. John R. G. Hassard. by employing
methods more suggestive o£ Poe's Gold Bh^ than of
an event in real life, were able to discover the keys
to all but a few messages. Nor were their results
mere conjectures. So carefully was their work done
and so ihoroiighly were the keys tested that, save in

IR. TL Mia. Doc. No. Sl» 4«tb Coos- M Sen, IV, ijp. 4. I.

tt. 4i. 4V. SS, B6, 319, BlC-
tlitid. p, ML

Disputed Election of l8y0 jrj

3 few cases, the translations wcr^ absolutely exact, ^
And. as the translators had hoped, they found what
thej were seeking. Some of the telegrams revealed
on die part of certain prcflnincnt Democrats conduct
decidedly inconsistent with the manner in which the
said Democrats had been "lifting up sanctimonious
eyes to heaven and thanking God that they were not as
these wicked Republicans/'

The results were given to the world by the Tribune
in a way skilfully calculated to arouse the public in-
terest to the utmost. Hints were dropped that revela-
tions were coming; then an announcetnent was made
that the publication of the dispatches was about to
b^n. On the 7th of October a detailed account of
iiow the translations had been made ^as published.
On the following day the most important dispatches
relating to Democratic negotiations in Florida ap'
pearcd ; eight days later came the yet more sensational
ones relating to the negotiations in South Carolina.

The chief Florida dispatches thus published had
passed between Manton Marble and C. W. Wooley,
Democratic agents who had gone to Tallahassee.^
and Colonel W. T. Pelton, acting secretary of the
Democratic national commitlee. Colonel Pelton was
Mr, Tilden's nephew and lived with bim at the Tilden
residence, No. 15 Gramercy Park, to which place many
of the telegrams were addressed.

I For Ihfr fl|ift*lctii»fl nnl transmnnnis made b/ Prdf U fi.
Hatden, U. 9 tJikVy. for the poltor Commlllw. mh H, R Mlit
DoQ. No. 31. I&tli Conc^ id. Seu.. IV. pti. IX5-3X&-

i In the Atstmtcbvm Marble w^a known a* "Uuae*" and
Woolar M "Wax."

3-8

The Hayei-Tiiden

The foUowing; was one of the most signiikant mes-
sages:

'^Talla. 2-
' Col. Pelton, No. 15 Gramercy Park, N. Y.:

''Certificate required to Moses decision have London
hour for Bolivia of just and Edinburgh at Moselle
had a any over Glasgow France rec'd Russia of," '

The translation of this dispatch read thus:

"Have just received a Bolivia [proposition] to hand
over al any hour re<|utred Russia [Tilden] decision of
London [canvassing hoard] and certificate of France
[Ciovernor Stearns] for Moselle [two] Glasgow [hun-
dred) Edinburgh [thousand]. Moses [Manton Mar^
ble]."

To this the following reply was returned:
"Tele^am here. Proposition too high (?)."*

On the _^d, the same day on which the reply was
dispatched, Mr^ Marble sent to Pelton another prop-
osition for '^giving vote of Republican of board or his
concurrence in court action preventing electoral vote
from being cast for half-hundred best United States
documents" [$50,000 in U. S. notes), Mr, Wooley
also asked to be allowed to "give hundred thousand
dollars les.s half for Tilden additional board member." *
Pelton replied to Wooley telling him to consult Marble
and act in concert with him; to Marble he sent a dis-
patch which could not be deciphered because four

1 H, R MiB. DflC- Nn. SI. 45lh COng. Srt Sftm.. TV. D. 17G

2 Thvfp wan Bome doiibl about thr- ^xacT Crunalntlcn of tlkla
<l^ni>a.tcl]. In \\\a leBtEmonv, however. Pelton lold: "I QlQ MDd ft
dls^Tch dffTlln^ns Ibe propoaltloa made." — Jbtf, Pi 177,

3 IbMi, ft. ns.

Disputed Election of I8y6 319

words had dropped out in Iransniission, Al the re-
quest of Marble the message was repeated, this time
correctly,' When translated it stood;

^'Tdcgram here. Proposition accepted if done only
once. Better consult with Wooley and acE in concert.
You can trust him- Time very important, and there
should be no divided councils.*' ^

But the returning board was just finishing its work,
and tht delay proved fatal.* Marble therefore re-
ported that the plan had failed, and added, "Tell Til-
den to saddle Blackstone ;" ^ while Wooley telegraphed,
"Power received loo late/*^

Eight days after the publication of the Florida dis*
patches ihe Tribute gave To the public those connected
with the contest In Souch Carolina. In that state
the chief Democratic negotiator was Smith Mead
Weed, a prominent Tilden Democrat of New York.
The di5patchcs revealed that on the very day he ar-
rived in the state he transmitted two proposals for
bribing the returning board. The last of these Colonel
Pelton approved,* Negotiations were conducted for
six days; then Weed transmitted the following:

"Majority of board have been secured. Cost is
80.000, 10 be sent as follows: One parcel of 65,000
dollars, one of 10.000. and one of 5,ooo» all to be 500
and 1. 000 bills; notes to be delivered as partiei accept

1 H, R, MTb. Ddc no, II. 4StlL C^Qff, Id S«M^ IV. rP- KO.
311.

2 Jhid, ppr 7A7. IS«.

3 ntd. pp. ISO. IBS.

4 Ibut, pp. 2«1. S62.

E nui, p. aBi.

c irnd, pp. laa.isa. MK-i4i. iai-i«.

320

The Hayes-Ttlden

and g^ven up upon vote of land o£ Hampton being;

given to Tilden's friends Do this at once and

have cash readv to reach Baltimore Sunday night.
Telegraph decidedly whether this will he done." ^

Weed and Hardy SolomoHt who was supposed to

represent the rcttiming board, went to Baltimore, and
were met by Colonel Pelton. What took place there
the dispatches do not disclose. We only know with
certainty that Peiton returned to New York accom-
panied by Weed, that Solomon also went to New Y<;>rk,
bLt that in neither place was the ded consummated.
The cause of failure will probably always remain a
matter of some doubr; the Democrats claimed that it
was becauiie Tilden ordered Pelton home, the Repub-
licans that ii was because the returning board suddenly
concluded its labors in order to ev^ade the supreme
court, or because its members had merely been playing
with the Democrats.^

Not discouraged, however, Pelton later not only
continued the negotiations already described in Florida
but also entered into a new plot for capturing the
electoral vote of South Carolina. One feature of this
plot, which was a very complicated one, involved
locking up the Republican electors in separate cells
until after the legal day for casting their votes,*

The publication of the dispatches created a tremen-
dous sensation. They were read throughout "he coun-

l H. R Mil. Dot No. 11, *5tJi Conff 5e Sew., IV, p. 11>.
a For thfB mfltlei- au Ihii. pp, na. U7. 124. lis. t4B, 1&S, 18*.

tO», 211, aiiJ, 217, 376. 2S4, CK.

Z md, pp. S73-3T9.

Disputed Election of l8j6 321

try ; every one marvelled ai the ingenuity of the trans-
lators. Thousands of people made use of the keys and
tested the accuracy of sonic oi the translations. The
Kepublicans jubilantly declared that Pclton had been
the agent of Mr. Tildcn. The Democrats were at first
incredulous about the truth of the disclosures; some
claimed that the whole matter was a hoax. Then, when
the facts couid no longer be denied, some of the party
Di^nG displayed great indignation over the manner
in which the dispatches had been obtained; others
tried to minimiie the importance of the revelations.
Mr. Tilden issued a skilfully drawn letter which
appeared to the general public to be a sweeping denial
of any prior knowledge of any of the dispatches or
of the South Carolina negotiations, or of any knowl-
edge of the negotiations in Florida until i^ome time
after their failure.^ Nevertheless, Republicans con-
tinaed to shake their heads sagely; while some of Mr.
Tilden's enemies in his own party expressed the opin-
ion that even his denial would not save him the renom-
ination in 1880. ' Mr, Manton Marble also issued a
letter in which he violently denied having sent some of
the least Important of the dispatches attributed to him,
or having engaged in any cornipt undertakings. '
The Republican press mentioned Mr. Marble frequent-
ly> along with "moral means" and the "keen, bright

1 Mew Tort iTersU of OcL 1»Ul Mr, Tilden totd tb< truth
■o far OB hf wptUt bui lila l«tE#r onvpyM Ha «rponfpOUi 1mpn«-
■ICD^ Ccunparv T\t JVoflon, XVII. p. :fi€, wlUi Th9 NaiUtH,
XVIIX p. 112.

t Brt Trtbnntf far OcL tth 0I #ef^ for m«nT «itr&cTji front

CtltaVr pBp(>rB, HtDTLf UllB I1n#-

322

The Hayes'Tilden

sunlifrht of publicttv/" The other important partiw
refused lo be interviewed.

Needless to say, the Repubhcans at once htgajx to
demand that the Potter Committee investiGjate the
whole matter. But the Democratic leaders had no
desire to stir up the unexpected hornefs nest any
further. For some weeks after Congress met the
Democrats of the House avoided the subject with
great care. ^ But as the clamor increased rather than
diminished, that body on January 2\. 1879H reluclantly
directed the committee to institute an inquiry.^

The committee's first efforts were directed to exam-
ining- into the manner in which the dispatches had
come Into possession of the Tribune and to artempting:
to bring to hgfit incriminating Republican dispatches.
With this latter aim in view the committee examined
in Washington &ome of the telegraph officials and a
number of Republicans, including W. E. Chandler.
ex-PostmaLSter General Tyner, and Second Assistant
Postmaster General Brady. But aside from dispatches
which had passed between the various Republican
agents in the Southern states and between these agents
and the party managers in the North on such matters
as the chances for success in the various states and the
transmission of money in comparatively small sums for
the payment of legitimate expenses, nothing *^f impor*
tance was brought to li^i^ht.^ The fact was that the Re-

1 Rtoord. p. fi]D» B^jeocli of CwiEffr of MLcdilBBJi aa Jul tl.

2 Ibid. pp. fiDS-ai3.

3 3|}[ne vt thtfse dkiulEliBa ha.il bean ejEplalaed hy W, &>
Chandler 0.11(1 otLitn Ivo yean before. — &» H. R MIl Doc. Ko.

Disputed Election of iSjO 323

publican diftpatdies remaiTiing in CT^istcnc^ were all in^
nocuous. If there Jiad ever been any of a difTereat
character — and naturally the Democrats mjdc what
they could out of ^c possibility ^ — they had been de^
stroyed and proof of their having existed could not
be found.

After thia vain attempt to make counter revela-
tions a subcommittee proceeded to New York city.
This committee was composed of Messrs. Hunton,
Stenger, and SpTinger^ Democrats; and of Messrs.
Hiscock and Reed (tlie later "Czar"). Republicans.

Among the persons examined in New York were
Mr- Weed, Mr. Pdton. Mr. Marble, and Mr. Tildcn.
Neither Mr Weed nor Mr^ Pclton attempted to deny
the essential charg^es made against them by the Tri-
bune, but they tried to justify themselves on the
ground that they merely intended to ''ransom stolen
goods from thieves." Mr, Marble, having expatiated
so fully upon the exalted manner in rthich the Dem-
ocratic campaign had been conducted, was somewhat
more guarded in his admissions. He acknowledged
certain of the telegrams attributed 10 him — he could
do no less, for they were in his handwriting — but

tS, <4th CoQH, Sd Sev, Tbe dlspalcba were [d cipher, but la
fldoh "a f^^thtp and WDrthl«B« one" that almoal anybody eoaid
t«n what Ihrf meant ; for ^XAlnple^ "oEsngfJi" vriu sutntltut^
for FlnrUJii. '"cftlfno" Tcip Moutfi Cnrollrifk "^'ftrm" Inr fnuorahle,
"cold" for boHElIf, etc- On^; object ot the dltpAtchca w^&Ji to k«p
tkft vnrliarA In Lho vannin dliputbd tUtMi ^noiumf^.

I II woB i?ljilm«d by Dem«rral« iriat Mr, Onon, fhe dt-piU«ic
of the W*itern tTnlon alloiri.'d RrpuhUcan* to remove Incrlmlnal-
inv illipaiciiAH- — BiiEfllo*. II. p- Ml. AnaibbT Biory vaii ta the
Fffr^t lb«l OTMh (hkld ibo commUT^o^ did itnt act tiH lT» dla-
DatrhH —Mcculloch, M*n avti ueutiras or HAir a C««itinT> V-
•30.

The HaycS'Ttlden

declared he had sent them merely as "danger signals/' *
His sialement on this point was received with peals
of derisive laughler. ^

Two things were especiallv noteworthy about tlie
tcalimony of these witnesses. One was the remarkable
shortness o£ their memories. They were sure that
some of the dispatches were incorrectly translated, but
were unable to translate them correctly, ior they had
both forgotten and lost the keys. Secondly, they aJI
strove anxiously to prove the innocence of Mr, Tilden.
While Pelton and Weed admitted having met each
other in Baltimore with the intention of consummating
a deal with Hardy Solomon, supposed agent of the
South Carolina returning board, they claimed ihal
Pelton had been summoned back to New York by Mr,
Tildcn, to whom a knowledge of the affair had been
imparted by Mr. Edward Cooper, treasurer of the
Democratic national committee. Upon this point their
testimony was supported by that of Mr. Cooper. *

The climax of the investigation was the examination
of Mr. Tilden. * On the appointed day Che parlor of
the Fifth Avenue Hotel in which the committee's
sessions were held was packed to the utmost with a
crowd anxious to scr and hear the distiug'tiishcd wit-
ness who had so narrowly missed occupying the Pres-
idential chair. At half-past eleven o'clock Mr, Tildcn

3 For Wecd'H tfstlmony Brti tL R Mio- Doc, Nfl. SI, <Eth Cqb«.
ta f^eflfl-. TV, pp. 114<1S0- for Fi^Llon'fl pp. lGft-£2l ^ tor Mu-U«'b
pp. 231-3TS,

^ H. R. R- Nn, 140, <Bth Conx. ZC Sefts.. p. 7B.

J H. R. UIb. Doc No. 31. <Sth Ctms- 2A Se-L. TV, pp. lEC-lGT.

4 Tilden uked permlBalDD to b« beard. Howtiver, be doubt-
Ices would haVfi been iummoncd.

Disputed Election of jS'jt 325

appeared, in company with his brother Henry and
ex-Secretary of State Bigelow. Mr. Tilikn was
dressed in black, and his face wore the solemn, sphinx*
like expression habitual to him. Those who knew
him thought that he had ^ged greatly since his last
public appearance and that he looked ill and feeble.
"It A-as, indeed," wrote the Herald's reporter, "quite
a painful spectacle to see llie slow, halting, lame walk
with which he passed the table and reached his seat.
His figure was stiffly drawn up and seemed incapable
of bending, as though he were suffering from a par-
alytic contraction of the limbs. Not a muscle of his
face relaxed vi'ith animation or expression as he stiffly
extended his hand to Mr. Reed of Maine, who received
the salutation with something like a profound bow.
Then Mr. Tilden gave his hand to Mr, Hiscock, the
other cross-examiner, and after saluting the Demo-
cratic members took off his elegant, silk-lined overcoat,
»til^y turned round and seated himself at the table,
while settling at the same time a large handkerchief
in his breast pocket,"

The eKaminaiion lasted for two and one-haJf
hours, but was more remarkable as a contest of
wits tlian for sensational results. Mr. Tilden was too
old and experienced a lawyer to betray himself into
any admissions ( granting he had any to make] ,
even at the hands of such al>le and relentless
inquisitors as Mr. Hiscock and Mr, Reed, He fol-
lowed the line already laid down by the previous wit-
nesses, asserted that he had in no ca^e been privy to

326

The Hayes-Tilden

any negotla^ons such as those described, and declared
that where such negotiations had come to his notice he
had at once put a slop to them. With these denials
he intermingled emphatic expressions of a belief that
he had been cheated out of the Presidency, The only
point upon which the cross-examiners can be said to
have scored was upon his misleading letter of the
previous October.^

Opinions varied greatly as lo the outcome o£ ihe
investigations. The Democrats held, of course, that
Tilden had been completely exonerated. They pointed
to the fact that while, as they asserted, the returning
boards could have been bought for sums that would
have been mere bagatelles to Mr. Tilden, not a single
such deal had been consummated ; the boards had given
their decisions to Hayes, and had been rewarded by
offices. ^ The Republicans refused to admit that the
boards had been as purchasable as the Democrats had
beliet^edp' and claimed that if the boards had been in
the market, the failure of the attempts ro purchase
ihem had been due to other causes than reluctance of
Mr. Tildeti's agents to engage In such transactions.*
In their efforts to fix a guilty knowledge upon Tilden
they pointed out that he had always taken a close

1 For TUdca'a teattmflnj nee H. H. Ml». Doc. N^. 31. 4Eth
Coiv- B41 Sean,, TV, pp. ?7?-294,

2S«e QlffelDW, II. ^^. 170, 174,

SThey lAld Uic l>oar<tn had mprel^r Ftfvn drsvnrff llie DemO'
CToCfl ort. Affalnst chf Democratic oliLLin that the boQJde hod
Iwcn tmrfJififtpjl t>y iBe K^pLit>L leans Uivy iLrKUfd tnat atrc*' TJif
members vvc B-^publlcctis, ih^y naturally gn"*' thoir dof^laloai
for UiflT parly wlttiout rvwH-rri,

4 THb\tne and TirikO$ for Feb. G, lB7ft. lUid 4»r* ImincdlaMLT

Disputed Election of lS?6 327

interest in the dct&ils of his campaigns, that one of
the ciphers had been used iti hb business, that he had
misled the public in regard to the South Carolina nego-
tiation, that after he knew of that attempted transac-
tion he had not withdrawn his confidence from Pelton
but had left him in such a position that he was able
10 make similar attempts in South Carolina once more
and also in Florida and perhaps elsewhere,* In the
absence of irrefragable proof on cither side, the ver-
dict of history wilt have to be tliat of "Not proven/'
At present the weight of opinion seems to be that at
the worst he was not directly cognizant of the at-
tempted brtbcr>'. He may have been entirely guiltless,
but it is difficult to escape from the feeling that he was
to a certain extent responsible.

But, while the measure of Mr Tiiden's participation
remained a matter of doubt, the political effect of the
cipher disclosures was enormous. The fact that the
Democradc candidate had not been able to clear him-
self from suspicion militated against his chances as a
candidate in 1880, and was doubtless one reason why
the Democratic convention of that year accepted his
"renunciation" without protest.- Even to those who
believed him innocent it had been proved beyond the
possibility of doubt that prominent Democrats, vi^ho
were his close friends and one of whom was his nephew

t Ur. TtTden filna oanilnnad on tb# bHT at f^mu with Mr.
M&rbic xnA Mr. W^cd. Ae IaCp as Ur. Clevrliuid'a first admlaLB-
tmlon lir AltAinpted, but wlihout wjop^ms. to o'^tutp the op-
polntm^^nE of W--<-A lu collector of ibe pori of Kcw YotIl

t Tht Kation thouctit bla r«itjrLclj.t]on fr««d the p&rtr of A
iMAvy loftd— JtX-X. p. 4<1^

328 The Disputed Election of 1876

had been s^ihy of attempting to purchase the Presi-
dency for him; and it was pertinently asked whether,
taking his own statement, a man so easily hoodwinked
by those around him wouJd prove any niore successful
as a "Refurmer" than Grant had been. And while the
rcvclaliors did not remove from the skirts of the Re-
publican party the niud that was attadied to them they
did open the eyes of independents to the fact tliat the
skirts of Dame Democracy were not a whit cJeancr.
Unquestionably the publication of the dispatches had
some iniluence upon the congressional election whidi
came tn the month following their appearance. When
the Tribum's statement of the case wis subRtantiated
by the admissions made in the following February
before the Potter Committee, the ^'Great Steal," which
had promised so much for the Democracy, at once
ceased to be a living political tssuc. When the cam-
paign of 1880 came, despite the fact that the Demo-
cratic platform declared that issue to precede and
dwarf every other, the orators of the party were
utterly unable to interest the people in the subject,^
The cry of ''fraud' had lost its effectiveness; and
Garfield, one of the members of the Electoral Commis-
fiiottT was triumphantly elected over Hancock.

1 StaTiwood. HWory of Pr«sid«nUftJ HlecUonfl. p. S7B,

CHAPTER XIV

LEGAL ASPECTS AMD TH« EQUITIES

Wcll-ni^ thirty years have passed since the begin-
ning of the electoral controversy which it has been
the purpose of this volume to describe. AU ^e chief
candidates^ most of the party managers, all but two of
the members of the Commission, are dead- The vajt
Tnajority of living Americans have no personal remem-
brance of the great dispute. The rights and wrongs
of Ihc controversy no longer play a part in politics.
h would seem, ihercforef that the CJnw has come when
the investigator may hope to frame a judgment on the
whole matter that wiM be free from prejudice,

A* regards the election proper, it is manifest to any
candid mind that many regrettable things were done
by both parties. In the states of South Carolina and
Louisiana, for example, the white people had by a
long period of terrible misgovernment been brought
to 5uch a pitch of desperation that they felt inclined
to use any means which would pot their govcrnmems
once more Into the hands of the intelligent and the
reputable. Having been Jorced lo accept negro suf-
frage sorely again^ their will, they naturally had little
compunction in attempting to eliminate as much of th«

The Hayes-Tilden

black vote as possible. In general this work was ac-
compliahcd by methods which, considering the exas-
peration of the whites, were comparatively mild, but
which in exceptional instances resulted in outrages
horrible almost beyond belief. In Florida, also, while
the amount of corniption io the government had not
been great, the whites were almost equally eager to
carry the election. In Louisiana, and perhaps in
Florida, by methods which have beer described in
detail in previous chapters, the Democrats succeeded
m their attempts to gel a majority of votes into the
ballot-boxes. In South Carolina they faikd so far as
the national ticket was concerned but succeeded on the
stale ticket. Had there been a free dcclion in these
slates, there is every reason to believe that all would
have returned substantial majorities for Hayes. Here,
then^ not to speak too euphemistically, was what may
be denominated "the 6r£t steal."

But in these states there were laws intended to
meet such emergencies as those just described. If
these laws had been properly apph'ed, but little could
justly have been said against such a procedure; for
assuredly there is nothing sacred about returns o£
votes when the election iti which such votes were cast
has been affected by violence and fraud. But, in
Louisiana at leasts the law was so imperfect that if it
had been followed to the letter by the returning board
the majority rolled up by the Democrats would prob-
ably not have been overcome. The returning officers,
however, were no sticklers for the letter of the law.

Disputed Election of l8j6 33 T

By and with the counsel of Republican ^'visiting ftates-
men" they prcx:eeded in the most irregular inaDner
not only to throw out enough votes to secure llie
election of ihe state and national tickeU, which
would have been elected with 3 fair and free vote, but
also to manufacture majorities for congressional, leg-
islative, and other candidates, who would have been
defeated under any circumstances. Reputable men in
the Republican party no doubt condoned such action
because their opponents were guilty of wrong prac-
tices and because they deemed it cecessary to fight the
devil with fire, ^ Herein they are to be condemned;
for wrong should not be met by wrong but by
recour&e to law, and free institutions are in grave
danger when eitiiens, however good their inten-
tions, endeavor to correct one wrong by another,
Froni the mere selfish point of view it may safdy be
said that had the Republican party acquiesced in the
result, upon discovering thai the law stricth applied
would not correct tlie wrongs committed by their op-
ponents in the disputed states, they would not have
suffered in the end. But the temptation was too ^rrcat
to be resisted. The situation was such that the lead-
ers saw an opportunity to obtain, by violating the law,
a result that would be in a certain sense legal; hence
ensued in Louisiana and perhaps in Florida what may
be designated as *'ihe second steal," as a result of which

1 Convf^rsrljr thf Dpmocrati condoned bullAoalns aod kindred
prVftlOM bvcBuitP nf H^^puKllt-an mla^vvmniprit and b««AiiA# of

332

The HayeS'TUden

the dectoraj votes of the two states remained in the
harids of the Republicans. ,

The fiiCuation after the electoral colleges had met
then arnouticed to this: In Lctiislana and f>erhaps in
Florida there had been a ''double steal," as a result of
which the regularly declared electors of those stales
had cast their votes for Hayes. To render matters yet
more coTDplicatcd there bad been attempted '^steals"
in two other states. In South Carolina the attempt
had failed so far as the national ticket was conccmccL
but the attempt had been productive of much disorder
and many irregularities, so that a claim could be made
that the vote ot the state should not be received at all.
In Oregon also a most bare-faced attempt had been
made to override the law with such a result as greatly
to complicate the situation.

The controversy now entered Uie halls of Congress.
Had the outcome not hinged upon every one of the
points in dispulen Congress would doubtless have
evaded the difficulties of the situation as they had
evaded like difficulties In the past, cither by throwing
out the votes of the states or perhaps by counliuff them
in the alternative. But if all the votes were not counted
and counted for the Republicans, then the choice of a
President would be thrown into the Democratic House.
Had the Republicans been the original offenders in the
states in dispute then unquestionably it would have
been equitable to throw out some or all of the votes
and secure this result. But with some justice the
Republicans could say: With a fair election these

Disputed Election nf l8j6 333

states would have cast tiieir voces for Haj^cs, and ii is
not right that Tiiden shouM reap the reward, even
indirectly, of Democratic wrong-doing. To have
thrown out the voles of states under such circuir-
stances would have established a precedent vrhich
mig-ht have led to dangerous temptation in the future.

The whole controversy therefore resolved itself into
the question of who should count the electoral voted.
Extreme Republicans said thai the president of the
Senate should do the counting; extreme Democrats
said that tlie House mu&i participate, and that no vote
should be counled a^inst its consent; moderates on
both sides said that the voles must be counted by both
houses. Clearly the moderates were right. It was
not reasonable that a partisau president of the Senate
should decide the dispute; nor was it reasonable that
a partiian House should be allowed to reject votes
when by so doing it would be able to elect the candi-
date of its choice. Granted, however, that lo both
houses belonged the coveted power, the way wa* still
beset with difficuHies, How should they count !* Whal
should be done in case of a deadlock between the two?
Evidently some arranjjcment must be made which
would obviate the difBculties. The result was the
Electoral Commission,

Wiihout a shadow of doubt the aa creating that
Commission was one of the wisest pieces of statecraft
ever evolved by an American Congress. To be sure.
the result of the Commission's work was a disappoint-
ment to one party: but any settlement of the dispute

334

Tke Hayes-Tildcn

would have been productive of equal disappointment
and might have been attended with far more laiticnta-

bk consequences. The situation was. in fact, emi-
nently one for compromise- Unlike the slavery issue,
it was comparatively unimportant, save to a hundred
thousand office-holders and to five hundred thousand
off ce-seckcrs^ which party was victorious ; compromise
evaded no ali-importanl questions which the future
would have to solve. To have resorted to anything
else than compromise would have boon wicked and
criminal to the last degree. To the men therefore who
worked for compromise, to President GranI, to Mr,
McCrary, to Senators Kdmundsj Thurman, and Gay-
ard, to Mr. Hewitt and Mr. Hoar, is due the highest
praise. In this praise neither Mr. Hayes nor Mr.
Tilden has any right to share: for Mr, Hayes favored
the declaration of the result by the president of the
Senate^ while Mr Tilden was wedded to the theor>'
that the House could throw out vote?, and wa& ahvays
resentful towards Senators Thurman and Bayard and
the other Democratic leaders who were insinimenlal in
helping create the Commission. So far as the two
parties as a whole are concerned, the plan adopted was
favored by more Democrats than Republicans. This
in part was due to the fact that tlie Democrats real-
ized that tactically they were at a disadvantage; while
the Republicans, confident of the strength of their
position, were unwilling, in the words of Morton, to
give to their "political opponents advantai^es and
chances which they now have not."

Disputed Election of iSjO 335

The question whether the Electoral Coraniission
Act was warranted by the Constitution is interesting
but not important Moat of the best constitutional
lawyers in both houses of Congress defended the
tnli; it was passed by Congress by large majonties;
it was signed by the President^ and a majority of the
judges of the supreme court consented to sii on the
Commission created by it. To all practical intents
and purposes, therefore, it was constitutional . And.
without going further into the question, it may tw
remarked in passing that die Constitution has suff'ered
many severer wrenches than it did when the iort>'-
fourlh Congress decided that under the '* general
clause" the expression "and the votes shall then be
counted" conferred power to create an Electoral Com-
mission.

The chief criticisms that have been made of the
Commission and its work are: i. That the Com-
mission behaved in a thoroughly partisan manner, 2.
That some of the members allowed their partisanship
to betray them into taking positions inconsistent with
their formerly declared opinions. 3. That the Com-
mission did wrong in refusing to go behind the counts
of the returning boarda for the purpose of taking
evidence and overthrowing fraud- 4- That the deci-
sions of the Commission in the various cases were
inconsistent with each other, ^

As regards the first and second charges there can

1 B, r. JAbn Oooft^ In Am^nean l^avr Iiev*e^. XXXVtti. pri.

ITt'Tft. And OlbBon. pp. Sft-4S. Tbb L^aranCc Ot coiu<ltuUoiuk]

336

The Haytrs-Tildt^n

be no differ^ce of opinion. The Commission did
divide upon p^rty lines; upon every important question
the vote was invariably eight to seven. Some of the
members did assume positions at variance with their
previous records. Senators Thunnan and Bayard and
Mr. Aht>ott had in die past advocated the ihcary that
Congress has no power to go behind the decisions of
state authorities, but now took the stand tliat Congress
has that power. On the Republican side, Senator Mor-
ton and Mr. Garfield had attacked the Commission bill
on the ground Lhat it migTit be interpreted as conferring
power to go behind tlie returns;^ while Mr. Edmunds
and Mr. Hoar by previous utterances regarding the
Louisiana returning board had placed themselves in A
position somewhat at variance with the deference now
paid by ihem lo that body's decisions,' Lastly, the
stand of some of the Republicans in advocating tlie
rejection of doubtful votes at previous counts is rather
difHcult to reconcile with their insistence in this case
that all doubtful votes should be counted.^

The charge that the Commission did wrong in re-
fusing to take evidence to show that returning officers
had fraudulently declared tlie result, is by no means
so well sustained. The taking of such evidence would
have been open to at least two serious objections. Ir
the first ptace, the taking of evidence on these points

1 But th«y did acil say Ltiftl U10 Commlnloii wouM have lu^

2 TecliTiEc&Uy Uicy were perbapH not InconfllBtpnt. In bU crlt-
■ctsTFi if flilmund?, GLbBon Tolla to etnts thaf EldTTiiindH vaa M-
ftirrtnp tfl «■ relurnltm bunrd cthiEpJ hy h funner iarw.

I Th« chief Republican LncanHlntency In thg couna ot Lh*
Btriuralt Hud in Cungnm. ual In Uie CommJeBlua.

Disputfd Election of 1S76 337

would have entailed an amount ol labor so great that
months of time would necessarily have been consumed ;
for, as the Republicans correctly urged, !iuch an inves-
tigation must have extended not only lo the acts of
the returning officers but also lo the election itself
and to the intimidation and outrages which had pre-
ceded it In ihc second place, the Republicans un-
questionably stood upon a sound constitutional princi-
ple when they contended that Congress docs not pos-
sess ihe power to go behind the action of state can-
vassing officers. That they took this stand was, how-
ever, due rather to accident than to any anxiery on
their pan to safeguard ihe tights of the states, ^

The charges that the Commission was inconsistent
in its rulings are in part an outgrowth of a misappre-
hension of the principle upon which the mlirtgs were
based. For this tnisapprehension the reports of the
Commission to Congress are in part responsible; they
are so roughly drawn as to make rulings appear incon-
sistent which really are not at all so. Had the reports
been drawn in such a way as to reveal atl the grounds
of the decisions, sonic of the criticisms of the Commis-
sion couM not have been made with any show of
reason, Aa it was, those who read the decisions were
likely to gel the idea that the Commission claimed Co
take the stand that evidence aliunde the papers opened
by the president of the Senate could not be received,

lit la nprn to qupMlon. \iawr\-fT. -vrtiFlh^r the CDmmliBJaD
mlrni cot propcTlr havt TtcttvtO aorat al the eTiaea« toidiired
tv pf°^'e that thf rvmntlnv boarfia had tiot corrf^cUy rvprctenled

The HayeS'TUden

whereas the Commission really followed the line of
cleavage between state and Federal powers.

Starling with the erroneous premise just mentioned.
Democratic writers have asserted that the Commission
was guilty of a glaring inconastency in its rulings in
the Florida case. They point triumphantly to tlic fact
that the Commission refused ^*lo go into evidence
aliunde the papers opened by the president of the
Senate in the presence of the two houses" to prove
that other than the Republican claimants were ap-
pointed electors, and then did go into evidence aiiunde
to prove ihal one of tiie electors was not treiigiblc. '
These critics fail to see thai the Commission did not
lay down the principle that it was not competent to
take '^evidence aliunde the papers opened bj- the pres-
ident of the Senate" upon any and all points ; that, on
the contrary, it merely held that it was not competent
to take such evidence upon one single point, namely,
"to prove that other persons than those regularly certi-
fied to by the governor of the state of Florida, in and
according to the detemihtation and declaration of their
appointment by the board of state canvassers of said
state prior to the time required for the performance
of their duties, had been appointed electors/' ^ This
decision was a sound one, for It was based on the
theory that the Commission had no right to trench
upon the sphere of state powers. Bui the examination

1 Accar-dlnf to Senator Hdar, fLujr cf th*? Democratic membrri
Of t^p CommlHfllrpn trt»n*«vp(] inat TSe R*»pubiiflajis rtood on mdua
ODTLAtltudDnfLl gronn.^—McCluTB'a, XXTU. p. 14.

t The Italtca &re mine.

Disputed Election of l8j6 339

into die di^bility of the elector was &n entirely differ-
ent matter; this examination could be entered into
because the question o£ his ineligibility was one which
lay within the sphere of Federal powers. Hence the
two rulings were not at all Inconsistent

Again it has been said that because the Commission
received evidence regarding the eligibility of ihe
Florida elector, refused it in the case of electors in
I^uisiana, and received it in the case of Watts in
Oregon, here was another inconsistency. Bui the
seeming inconsistency is easily explained, Humphreys
in Florida was alleged to be ineligible under a Federal
statute. Four of the Louisiana electors were alleged
to be ineligible under a state statute; while the objec-
tions against the eiigibilit>' of the other two related
to the lime of the election in November^ not to the
time of their re-appoimment on the 6th day of De-
cember. Wails was alleged io be ineligible under the
Federal statute. Clearly, therefore, the Commission
was competent to investigate the case of Humphreys
and the case of Watts but was not competent to inves-
tigate the cases of the four Louisiana electors who
were alieged to be ineligible under a state statute;
while as for Brewster and Levisaee, since the objec-
tions did not relate to the time of the appointment
under which they acted, the Commission did not need
to make an investigation.

Yet again it ha? been claimed that the Commission
refused to go behind the governor's certificate in
Louisiana and Florida but went behind it in Oregon.

340

The Hcyei-Tilden

This claim completely misrepresents the truth of the
matter, Jn no case did the Cormnifision hold that the
governor's certificate was conclusive; on the contrary,
the Republican counsel and the Republican CommU-
sioners held throu^out thai while the governor's
cenificaic was prima facie evidence, hi^ adton, having
been performed under a Federal statute, was subject
to review.

At the same time St must be said that In their action
in £ome phases of the Oregon case the Republican
eig'ht probably sailed closer to the wind than on any
other occasion- If, however, we accept their interpre-
tation of the nature of the Oreg^on canvass and their
interpretation of the nature of an appointment — in-
terpretations as capable of defense as any — we can
reconcile their rulings even in this case.

But even though the Commission's decisions were
based upon sound law, were they, it will be asked, in
accordance with the equities of the case? The answer
to this question must always remain more or less a
matter of opinion, yd it is probable that as time
goes on the consensus of opinion will more and more
incline one way. It is entirely clear that in only two
of the four disputed slates — namely^ Florida and
Louisiana^did the Democrats have the shadow of an
equitable claim to a single electoral vote. Had there
been a fair and free election in those states, there can
be little if any doubt that the result in both would
have been favorable to Hayes. Tf there had been a
fair and free election throughout the South, there can

Disputed Election of t8j6 341

be littJe question that Mississippi, with its great
preponderance of bloclcs, and perhaps Alabama and
North Carolina, would have ranged themselves in
the Republican column, and that the much vaunted
Drmocratic majority of the popular vote — whkh,
after all, stood for absolutely nothing — would have
been overcome.

Someihing can be said in behalf of the ingenious
theory that it was not iinjusr that the Republicans
should retain control of rhe national govern me nr,
whereas the Democrats should get control of the con-
tested Southern states. The arguments in behalf of
intimidation rested on the evils of negro rule. It
could therefore be urged that while Ihere was some
justi^ation for preventing a negro from voting for
a Reput)lican candidate for state office, there was no
such justilication for suppressing his vote for Repub-
lican electors.

All things considered, it appears that both legally *

and elhieally the decision was the proper one. That
3 majority of the American people thought so
is shown pretty conclusively by the result of the next
Presidential election. Had they believed otherwise,
they would doubtless have resented the "Great Fraud"
in a manner not to be mistaken. But they realiied
that the cries of the Democrats were but another illus-

1 AffAlniti ttiE BTviiDi'ni that thF ii^ffToe* o^gfit nat la bavft
viHM aotrilnS furlb'^r n«?d be cald than iFi^T tlidr rlghl Id do wb
■UBranlfon by "Tho law of fh*' land." F>irlh*pmofe. It nhonld
not be rorfcllrn Ihat thf nn^ro T^pulatlon of file South s>bVa
tluil Mtflan an Bdfled r«pr««i1a[lon nf about Uilrty-IhrM In
the Electoral Gollei^B.

3+2

The Hayts-Tilden

tracion of the pot calling the kettle black. They knew
that u'hile Hayes was undoubtedly the beneficiary of
fraud, Tilden would just as truly have been the bene-
ficiary of violence and murder. They decided that the
situation was one of tliosc rare onc^ in which two
wrongs go to make a right: and, therefore, in 1880
they elected to the Presidency a member of llic Elec-
toral Com mission H

But, while the outcome of the great controversy was
in the main a ju3t one, the contest was unquestionably
attended by many deplorable incidents. No true pa-
triot can conicmplale without regret the terrible out-
rages upon the blacks, the frauds committed bv elec-
tion offict^rs, the violence of party iceling, the ques-
tionable conduct of leaders on both sides, the attempts
to purchase returning boards and electors, tlie bar^in
between the friends of Hayes and certain Southern
leaders, the prostitution of the civil service in reward-
ing some of the most disreputable of the Southern Re-
publicans, the partisanship displayed by the Lnetnbers
of the Commission, and many other phases of the
struggle. In fact, it seemed as if the whole cesspool
of political filth had been suddenly and vigorously
stirred and that it had given off its most noxious va-
pors. Unfortunately, howevefj it may well be doubted
whether, after all, the election of iS/fS was much more
productive of corrupt actions than some other elections
both 'before and since. More of such actions came to
lightp but probably because tlie searchlight was turned
on as in no other contest.

Disputed Election of l8y6 343

Yet there were other aspects which revealed in the
American people characteristics that are beyond praise,
A hitler contest which ni-ght have resulted in a conflict
that would have leveled the foundations of the Republic
had been settled without 1 report to arms. A great
partv had gone down to what most of its inembera
bdicved was a fotil defeat- Bui the result had been
acquiesced in for the good of the country ; and though
the enmities engendered by the controversy were to
linger loi^ in American public life, they were finally
to disappear without leaving any appreciable scar
upon the body-politiCn

■(,'

APPENDIX

THE ELECTORAL COMMISSION ACT

JLD t^t to prdvld» for ond re^l&Ic the coiiEitliis of vatod far
PrveJdent and Vlc*:-PrcaJU*'iiI, aiiil Oiv iltcLuLuii •jT uueailuna
nrfHlne ifkerton. for th# Unn oomimtnclnK Ma-rch 4, A_ D. Itn.

Be it enacttd, ate. Tb«t Ui« 3«nfl.t« uid HaiiK cf HepruoDta-
tlv«« ■hall m«et id thB U&ll of Uie Roun of Hepre«DtatlT«i at
the hoiiF of on& o'clock, post meiidlOD, oa (lie flrvl Thundny In
F^bniarr, A. D. ISTT, and thv Pruldant of tha Senale alull be
tbair pnildmc cffl»F- TVd IfUi-r* vhall b« piwlouilr HpipalntHl
mi th« part of the Sena(«. and two on the part of th« Hoiue of
SapTaBHktallve*. To whom Hhai: ba handed, as tbvf a» opmedl
Irr tb* PnsManl of itf SAoata. all lb* o«rtinoat« and [Apen
punnrtlTiff [o be CflrUfleatw of the electoral vol«a, whloh oertlO-
catH snd papan thall b« opened, presantsd^ and ao1«d upon la
the nltihabptlcal order of tti* 8tatvi. beslnnlnc vjTlh the l?tler A.;
Qtid BRid (Bllsra hflTlng Uifln read tha vame In th& pretenoft and
hearing of Ifie rnro hauui. ■bat! ma.UP k Ikirt or Chn voti4 nm ihi^y
ghn.ll npiMAF from Iha anld certinratAB ; and the votea Imvliie be&n
aBi^rta)nT<d and munlwl aa In Ebta act provldnl the retuTt of
the lame Bhall be delivered to the President or the fienAte, vh9
•hB-U thoTPUpon ■nnoupDe Uib ilaie of the vote and tb* Daowa
of the pemins. it anj^, elifted, whJiJi ■.nnouncemnnt «htill ba
deemed a ■uffldeat declaration of the pemtka elected Prealdent
■nd Vtce^Preeldent of the UnltPd Statea. and, tor^ther Kith a
llBl af the valea. stall be entered upon the Journal! of the two
honaei. Upon aueb reading of any aafh certincate, or |>A|>«r.
vbcn there ahall be only onp remrn from a Bcale. the Prealdent
Of 1ti« Henate dhAll tall Tor nhJiK-Tlonn, If any. Btfry objHtloD
ahall b* made In writing, nnd ahA.ll atale dearly and conelatlr.
and Tlthout arffument^ the trround thereof, and Bhall be at^ed
by at leaat one Senntor and one member of the House of Rep-
resentaiivea. before the same ahaU he rmlved. When all ob-
iaotlAfia aa made to any roif or pftper from ■ State ahall hava

been received and read, Uie Beriale shall Ui«reu[NHi wlllidrani
BTii] jpich obji^Uoaa Hhall tK Hubmllled lo the St:nate tor lu
devimon, HnJ ibe Speaker or Uie Htjuae wf BeprtBtntttUvea Bhttll
In llkt Jiiauner submit sucb objecilana i.ir tbe House of B^pie-
HnlatJTfiB fur Its decision^ und ao plwtoral vole or voi^a from
iay 3Ut« from whicli but our return b&s been reoelreil sh&a
bs raj^cted uc«pt by itie aJnrmatlve vote of Uj« two liouii^s.
Whpn tbv two houBes have voied they aboil Imin^lately omln
mevt. and itiu prtsldliut cfflcer ebaJl ibpn onnouncfl Xba i^eolnlon
or tbe guesUon subnilcied,

StC. m- Tliflt l( more thnn tme return or paper, purportlnG
[o be a rFtum from a. State, Bboil buve been r?ce1v?d by tlie
PresLdertt o( the Senate* purpurtlng to be Uie cerUlcatea of l^e
cicctaral volta slvpn nt Uie \as\ preceiJinK election for Frfiah|«it
<LQd Vlct'Pifjilduit In HLicIi State, unlosB tbey sbAll In duplicates
of the same ralum. all suclj rtiluma anil p&pen doll be oi*eaed
by him In the presence of the two bouBes vhea met as afor«-
H^d, And read bj the tellers; and ull aucb relufiiB and papen
flhaJl tbctrupoii LXT aubmltted tci tli« Jud^ntf^al and decinlon, aa
to which is tlie Lrue and lawful elvctorol \ciCe oT suciL StAle,
or B coEoinlHlon ccjiiHtLtuted as rollows, namely:

During tliB sDOfiltMi of each houH on the Tuesday next pTC-
cftdJns the Jlrst Thursday In February. A. D. 1977, esch bomiB
■hoU by viva Vopb vole appoint Atv of Ha members, who. With
the five flasoclfllK Juntlctn of tht Supreme Court of the United
States, lu bti ascertained jld berelnafttr provided, Jihall cansd*
tule H commiulon tor the decULon o( all queatlona upon or In
reepect of auch double retuma namtd In tbia oectkon. On tbe
Tuesday next preceding the first Thursday In February, A. D.
IB??* or OB Boon thoreafter a> nuiy be. ihe asAodrnta juetlcea
of the Supremo Cr>urt of the United Stales, nov sjalsntd lo ibe
flrHl, third, eighth, and ninth circuits, shall select. In nich man-
ner aa B majorfty of them flhall deecn f[t. another or the asso-
ciate Justices of sold court, which five persans shall t>c mem-
ben of P4ld commission ; and tht person iDcfest Ln com-
miasiora of aald Ave JuflClccA shall be the president of ftold ccm-
mlsAlon, Mt^mben of sold commJaalon aball respectively take
and BubflcrLbc the following oath: —

"1- - . , do sfliPiriTLly BWeor (or afflrm, as the

case may he) that I will Irapartiallr eianflne and Mnrfder all
questions submitted to lhf< cummtsalon of whjdi 1 am a mefn-
ber. and a true Judtment irLve therwm, nsreeablr to tbB Const!.
lulloTi and the laws^ ifo help me Crod/'

Appendix

347

Wmcli o»ift ahalJ Iw OleJ with Ihe aecrttury of the Senati.
Wben ibe connmliutldii bhalS have be«n thus OFSunlieil U ^tiaW DOt
be In the power of eltJitir house to dleflolve tub huiuCv or to
inthdrvw Buy vl Ltn nn^mbera; but If uiiy aucb Senator or iDi^m-
ber dliill die. or hvcome pljyslcally unable (o v^rti>na (he duties
required by tJils Lici. Uib Fad Of vuctt Utaih ur phyiiLcal Uiu.tillliy
khaJJ be tiy sitld commlablun. berore LL stiall procped further* ccfm-
riLinrcatepJ to the SenatQ or Huuae dT Rep resan la lives, lu thi? cose
may be. whicb Erody sbull hnmedlately and without debate pro-
ceed '\ry rk'a i^ocr vole lo fltl tht; place po >aculed. nqd the pet-
■aa no appointed ebsll take dJid aubscTkbe X\\c oath beielnbefcre
prescribed, and bei^ume a icifmber of Adid cumnilnaLon : and. In
like mHnner. IT oay i>f telJ Juctlces of ihe Supreni? CoiLrt ab&ll
did or bepome physlcoJIy Incapable of perfDnnlnfl Ww duUes re-
quired by Ebis act. the atber of aaLd Ju»tlce4, meijibers oT tlie saTJ
comnilABlon. fllall ImmediJitely appolikt another JoatJcp of aaJd
court a membtr o( nsld comiaijiaion (nnd Ui mir^ appalntmenia
nssrd aluitl be bad u> the JmitartlalLty [lOd TreedOEn from blaa
ammht by the ori^tlntil a^jpulotJiL^nt^ to saM cominlisJorL), who
Bhall thereupon imio*41ately Lake and mibscribe lo the oath here-
inbefore prescribed, and become a meEiilier uf anlcl commUvkni
to flu the var-uiiry ra ocuLnluned.

All rhe <>erl1flcatefl and papers purportlnc (o he rardflriLtcH
cf Th^ pl«ctnrvt vnt^B of pnrh Stat« iitiHli be opened In Ihe plprifl-
betlCBl oi-fl^r at Ihe Starea aa pmvMAl In section 1 of fhl* fe£t;
■nd vh^n there Fihall be more than one tuph cpnincati' or paper,
sa the certtncalo Hnd pHp^n from siiGh 8TaTe4 nhnll no be oppnpd
(e^fwpiini iiupMfatP4 of The sAme mum). Uipy flbari b« read
Try the tfillera, and (hereupon rh^ rresld^nl of th* Senate flbBLl
mil for DbJpftJrtnp Tf any. Bvpry ohjectlon sUlaII h** mode In
wrltme. And tX\t\W bUIp ciefifly ftnd cnneineiy. ftnrt wttbnut ar^u-
fn«it. the rround Thereof, and HhAll he AffnHl by at l«aM one
flenaior and ont member of thr HrtuM of Brpi^S'ntiitlve* bpfore
Uie tame shall be rec^iviNl, When aI1 sviPb objecTlnna nn imde
lo nny cortinc&te. vnto^ or paper from n Statu bTiaii hiive h«en
rweived ard rear?, OIL qudi cerTircntrai, vot^A, atk] pfkpfrs n
odjecled in. nnrT all pniwra ftccompanyln^ tbn aame. to^^ther
viih ftueh ob^eeriona Bhnll be forthwith Bu1>Tiiltted la inld oom-
mlsilan. which ihall pronnd to conalder tbr ivimpH with the
Mune r««wr«> If any. now pc wiwa wg ror ibaf pvrpoae by ihe two
htPUBra, Aetfikff flpparaielr or larether. and. dv n rnnjnrirv f^f
Tolei, decide whether any and what voifh fmm inich State ant
the voiVH provMed for by the Canflitutlfin of ib« UnliwT Sibtbb,

348

Appendix

and !iow majiy and wlial pprMHis were duly appolnltd clrccors
In luch 3mtc» aad niav llierein tiiWe Lntu view Buclk pctJUoiia»
dfllrtHKIana. and other patvri, K uny, iu» Blia.ll, by tbe ComCl-
tutlon ajid now CElslIng Law, be competent a-nd penlnml la
Bucb eonflldenkllDa, which decloJoji Bball bo Eiude lb wtitlns,
■tatliij; brlaflr Uia Kround UiereHj^ and sLsned by the Tnemben
of «,id comniJEiBlon OETOQlng ihereln; whereupon the two houv^
■b^ll ai^iL moeL. Aad Buch dcclnion «bal] be r«AiJ and entered
la tLc Journal of tach liouac. sjid the count^ne of the Totts
■hmll ptooeed Iji cojifurinlly tliejvwith, unlCBH. upon objvctlaa
iniLde tliervto In writing by at leoBl live BeijatorA mid nv« nmin-
ban of ths House of TtepTesentatlvsB, the Eva huuaes shull
■e]>Bratel>- concur In orderlnff 4tbcrw1ae» In vMch case Buch coa-
cuiTtnt ortfer Bhall sovem^ No votoa or pi^ierB from any other
3tale ahall be acted upon until Uia objections prevlaqtiy madB
t4 the TotifS OF papcTB froia any Gtate ahall hava kwai floaUy
dlflposed of-

SDC. 2- Thai vhlJp rii« two hoD»fl shall \w In ineetirr.
Off praviti^'d In this act, no debatf* Hhail rw mioweii. and no
questlDTi shaJl he put by Che presldlnB afflcer. eicfpt to fltbor
bfUBfl on B. motion la wlthdrnvr, and he ahfl-ll hav» patter to
pPMcrvfi ordPt,

Sbc- 4. That when the two houKs separate to decide upon
an ohJoctloD that may have bean miLdci lo the cauntlriE of U17
electoraJ vote or votofl from any State, or upon obJeotLon to a
report of Bald commlRsLon, or ochvr question arlalnff LUidiir this
act. eaoh SonatOr 04111 Rflptoaonlallv* may ipeak lo truoh Dbjeo-
tlon or queBLlon ten mInoCaB. ond not oftener than onM; bul.
CLfLcr Huoh d^^biLtc BhaJl have loated (wo hourn, (c shall be the
duty af oftch bouic to put tha main quegtlon vlthout further
debate,

Sffi;. S. That at *uch Joint meetlpg rtt tho two houns
aeate ehalL be provided aa foUows: For lh<^ Prealdenl of tbe
Sonate» the Spe^er's chair ^ for tbe 3pcnker» Immediately upoa
hlB left ; for tJiif Senaturs tn thr body nf (be hall, upon ttit^ right
of the presldloK officer; for tito KepreseutatlveH, la the bu^lr of
the hall not provided for the SenatDi*; for the tellerB, Secrrtary
of the Senate* and clerk of the House of nepreaentatlvea, at the
Clork's desk ; for Eh« other oncers of the two houssa. In front
af the Clerlc'ii deak. and upon each atde of thH Spoaker's plat-
form. Such Joint meetioB shall not be- dUnoWed until the count
of the electeral votes shall be complaEed and tbe result declatod;
and no recess shall be (aJien unless a question MhftU have arlaea

Appendix

349

In r^nrd to cdudUiiv may saoli ToMa or olhrrnrlite UQilvr itilj
iLcu In wblcb ca«« Lt Bball be competvul for slther house. accJoc
iKparataly Lu Lhc nujiaer hvteiabnforQ pruvidtil, to direct & re-
ct«q ot such houee. bol beyotid tbe Dut day. Sund&y exocpted,
a.% the bour of Ifd o'clock In tbr foreaooq; aad irblk vix au»-
tloQ iB b«]as coiulderod b}' said cocnmlAaLftQ, elttier houBft ouk/
proce^ iritt Ita iBSlslatlva or other bunjnejia.

SIC. 6 Th9.t TLOthlnff In Uil« icl BhaLI M IwJd lo ImiMlr
or afT(«r any rlfh: now eiladnE undfir iJie Caiutltullan Hnd lAira
lo QU«B(lon by proceedlnff In the JudldLJ courts of tbt United
8T&m tii« nvht rtr titiF or tne nemon vbo flhAii be dnDkiwi
elBCied. or wlio flball cla-im to be Presld^ni or Vtoe-Preftldonl OT
l^e UnltPd Statm. If any such riBhl pxlHts.

&BC. 1. That said comiolBsloii ahall make Ite own rulce. k«p
a record of Itfl prooecdlnffB. and Aboil have [>ower to emploj' auob
p«noc« Of nu/ bo necuaary far Uk& traasactloD of Ita bull-
iieia and the execution of Iti powers,

INDEX

A-bbalt- JosIbIi Q., a mpitib«r of
tbe CommlABLon, 220 ', mrn-

U011C4I. a 3 A.

Alfboti, Mr., nomliiatM Joel

PftWBfH 33-
Adanis, Charlaa PrnncLHi Bt.. at-

ipnilB Fifth Avenue Confer-

BU[>[urTa Tllden. ss.
AdairiAp Dock, complaint made

AddrcK* of PKtb Avonuo Con-
lertflc*. li.

Aftldnvit "mlLU," In LoulolBniL.
104-

Alken» D, W-. mohcA % violent
tiunuvue Lo Dt-mocraiii, 136;
vl(f]ent ultermncAfl at Abbe-
ville. 137.

AlHbfUDL. lupprflnlon of vot*a
Id, It: tivnulB uTders nn In-
vastlsntlcn of tlecTlon In, 174.

Alachua county, aili-ced fiaudg
In, 73, SlO.

Allftri, ^UUnjn. defwied by
HBy«i, is; ■iipfmriwi by Ohio
Dfmocmia for Prf-etiJvntl&l
nomlnnllon, 27; rAme preawil-
cfl lo Ui«? convention, 33; vola
tar. 34-3 b.

Ainfrrlcni] Nationals. oonvenElon
or 39.

AnderHHi. James EL, confenlon
of. 111-313.

Anrtprwon. Tnom*a C. inember
Louisiana rfllumLnc board,
flS: lakes liOulHlana relum*
10 WoflhlQfflon. IIS; ainvlc(«i1
of falsifriTie B. rMum.. I ifi :
nlHwdn 117; moDllonHl. ITl,

And«r«oim1lpH horra™ of harpwJ
uxnn IjV RvpubllCikiis. 4ft.

Antolnr, C- C. nomlDatrd for
M? J t« nan I -governor of LouLi'
Lana. 8T , deGta.red ^lecivd. 294.

Archer Precinct No. 2. allBBed
freudfl OL 73.

ArkHiiFia& iiueftllDii at uunllnj
tlectora.! votea at In IS 73,

ArtLllvry companlr^ fonanl bf
South Carotlna Democraii.

Babcock. OttIILd E„ tfroEfou-
Elon of, 4,

Baker county, eltuaUon In. Ai;
mfintloncd. 74,

Barks. Gi^npniJ Ni*lliBnli*l P.,
j|iii>(«d, 144,

BarluK, Knuids C. 3 wLtnesa
of Che Florida oouni. GT: opin-
ion roBnrdlEig roaulc in laor-
Idc, 7K.

BamwHt, fraud? In. 1&0.

Hnrrhnlomew, Linn, namlnafeA
Hnrtranft. ?l.

Buy arc Thonnu F., <*iuid]dii.te
fur Frealdmlla] nnmlnatloii,
2^1 Huriporrors of. U7; name
prpiAcntrd to ccnvenllon. BA ;
^Eo for. 34-]ri : appninTM a
member of a ^raale oommlt'
Iff. 1M: ihint* jiidjtF'p will
noi be nirMtp-'J by part^ feiil-
IDE. 30i: EHfnt^'i In ti^hail of
U)« Bl«clni%1 Commlnlori bill,
211; a member or ltt« Com-
ralBfflrjnt HO; monlloned, H&i
vote* with n^ciutjlJiAna Od
Runiphraya Ba«fi. I3i; irtoach
on uialilAna declilon, 24& :
rr*dlt AiMh 1S4; ln«On>]Bt*Bcy
of. 310.

35"

IHDBX

BaauforC, IntlmidflUAn In, l4fi
Bntit, Gearge AdL, aLanila qq a

d9'HU In thfl Koima of Hepro-

aentd-ttveH, £77.
Ble^Iow, John, pantsan vlev af

the Plnkfrton CAdi. lOS; com-

pile's dfbATeq an i-le«tani]

Blfu^h, jAreiniau >! < fiamns the
CoRiEnlaslcn. 2ft Is

Bl&chbuETi, Joaflpti C. an Iet«-
concllabLp. 2tT : delivers bvtbji-
song or Ehe nubuatera. 230.

B Inlaid. Jan I'M Q., candldnta far
Pj-h^IJudUilI namlnuttuD. 1 ] ;
pTQBpejitM of, 1^. X3 ; lllneM of,
]A : tiQlleVfig DriBtotT LnBt1«4C»
nltackn on hEni, 19: Dd-nkt pr4-
seated In convuiitJun, 23; viite
for, ^?-2a: m«nttontxl. 4^1.

Blair, Uon(4p>rnciry. wvrko fox
Tllden'a riDmlnatlon, 11 :
bpw^h oa thfl South CB-rolUui
fuss. ?64.

DlQiiliiiin VB. Board of Stiita Can-

Bond, Jud^e Hasit 1*. retejiuB
membi-rs of Saulh Carotins
canvuisliit; board. 1C4.

Booih. r^i^wEnn. ')4<'tiim nomlti-
allon hy G re^nbackers, 59.

Bnutwell. GSeortre S„ npeech or
tbe LauloLanB declfllon, ^iB.

Boyncon. H. V., Lnducm n^al'
di-nt not ia mnunlafllnn J. Pi-
AjiderHon. in.

Bradley. Joseph P, iBTecLod oi
Uke nrih ludjfp, i2l ; volea
BffaLait ffoine beblnd itia ['4>-
tuniflt 334 i denounced by

"BcAdy. T. J,i e. cusLodlan of the
ctphAr dIflpAleheB. SIF; ekam-
Ined by Potter CdidihI Uvn. S22.

Braanan, Gan. John M-. ndmil-
ted to aedslima or Florida re-
liimlns board. A&.

Br&wc[tfr. o H., Louisiana f\ep-
tor, objected to aa InsUfflbJa
114. 240: m^nllon^d. 339-

BrlstoWp Brmjamln IL, candidate
for FTealrtPn cJnl namlnaUrjn.
11; by ■wh'>m supiwrled. 14;
dtuitroyer of iho WhlBfaey
RInS* 14; favored by Fifth
Avenue Ctmferenoe. IT ; uup-
portara ot at ClncInnatL 17 1
call! on Blaine, 13; name pre-
lonted to tbo conVDatlon. II;

vot«« ri«MvMI br. 1S-^S: ran-

Uoped- aS-
Broolu, AifiBn<3?r EJemocratio

Ch>-ury tUat tie killed PEnksbju),

107
Drown^ B- Orats, candidal?

Vl»-PrMidenT, 2.
Broira- Jobb Toans, depr«i:aid

vlnlPnO*- I7fi; rpcHv*-*! Ififra

rrom Fofltef. 271 ; civea ci^p-

lea to otlier p^raona. 27:^ : pnlH

haties. 299.
brown. JuBtuli E-. n "vUJIlub

etaresman" m Florida, M-
Brjanl. WLJllam Cullen. aUsDM

cull for coTiTprpniw of Indc-

pendoiiCH, ly
Buchnfifui. Jamf% eiov«min«it

pKp&dltureg under. 4.
BuehaiuLn. James, not In th^tta

at WothlafftOD, 171,
Bulliftt. Alpjcand^r H.. HlffAl

Call far conference at Itidv-

pendents. IS.
Bullock, Ocarse E-, cuatodlui of

in*- cIpQer diapatclies. 3ia.
BurJ(fl» I^ A., altendB Worxnloy

Conference. °69 : i^e^lTPB «»[k

loa of certain loiters, 372,
Burtiei). Metiry, leaTJCea mnc«rn*

Ins poltticaL outrasos In Oua*

cEiliH, 1Q&.
Butler. Benjamin F,. a dlapen*

Bar of patrtKiHSB* D. 7 ; a mem-
ber of the Potter CaipmlttW.

Buller, M. C dfliDBDd* Chat
Hamtmrg mllltla commnr
Bh^ll s\ve up th&ir amu. Itl;
receiver copies of the r<tHtBr
letters, 272.

Calnhoy. politic^ riot aL 142.
Cnro'^ron. ^Imon. a dlfliHuuQr oC

patronose, C, 7.
CftTTiptielUon PTPctnpt, tfirowa

out by Tfilumlnx board. 71-
unnal Rln^. overthrown by TU"

den. ii-
Cnnnl Rlni, mwitioneii. (t,
CardoTiiL, P. Ij.. attempt to H-

cure removal of, 137; renoiTk-

Inaiod, lis.
CArivnier. Judjre. decminn re-

Rardlnfc clstma rtt Ctmnber-

taln and Hamplun. 2?S.
Cnrtwrighi. J. C-, ohi>«en elpetor

In Oreffon. 163: elec[|{>n of

cerlin^ by Grover, J£3; txelpa

INDEX

353

to organlK« tlcolaral Hillps^,
1C4; vol«H for Hayes, 16&.

In New Torh Timea, 4:.
Gary, J^nmuel ¥".. runs tor Vlce-
PTCflldfiDl OQ GrftcnbaclE tldnt,

I^uLRLfifin returning ruaM. 9*i-

CenlennlaL Expo elt loo, 1-

Chamtj^rlflln. Duilfl H.. mvlveB

lolc^iTiim from W. E. ChAsd-

ler. bi: career of. l^cfi; loui-

iij cuniiiilHlciii WhlLfper and
MoBfifl. U%: 1* favored by Co-
omraUonlctB, 12 B. why op-
poaad by many DeinoGKitB.
ISD; aLtllude on Hamburg
Tnasiflcre. 1 3 f : T«ni>mlnBted.
iZb i tltHrrlbfa E>einocnLtl(]
campaign melhodi, ]2t: OTfl'tr*
nJi rtflfl clubs Ed dlflcftfrDv. 143;
PLf^olllU BlecllDb (ifTlHra. 14S:
dvotapTed rlectrd, SHI ; atlenipla
ID punlDn a prL"on«r, ^9i: :
ne«iva b Jcitcr Ftoio aiai-
tham, aSfi: axih Io WuhLnK-
ion. 39C : civn up tbc con-
tHt. I9T; lltia of. 301.
Cbandkr, WlLllAm m. at Fifth
ATUQA Untei. &«'£]: ft«ndB
tclcpvnu to doubtful atate^
fil ; Boes to Moriiia. &4 ; gr-
rlTtfl there. It; altaaks "Prea-
Idanl'i SouthvTTi policy, BOO:
allttfvd piramlHu of. t\0-. ux-
Amlned ty Poller CumDilllee.

Cbnndler. Ziu:harlab. nuuiawet
EUpubLlosD campaign^ 43 :
Bought by Mr- H^idn fiOi
claim «]Mtl0n of Hay«a. £3:
mflndonsd. ITft i replies to
Hevllt IM.

OiaTlvfon. lint In. 1li: Inllml-
n datloD ln» 1I&; rtpf^llns In.

|l 14T.

C7brlBlia.nc/, Isaac P, sri^aki tn
bflbair of Eleclaral Commls-
Klon bill, 2li.

Cipher dlapatc^ea, chapter on,

CluiU, H, C. privy to rarfCTT

at aUmaiurr*! lo LouUgOA
alMl&r&l oertlflral&t. IH,

I Ctovelnnd, G rover, vlgns an

CtewB BantElnff Company fwas-
dal< harpod do by Oemocrata,

Clifford, Natbaa. moDtlDnod. 1B5.
RD2 : to bA a inpTnbvT at tho
fiilcctoriLl Connnlsflltirip E03 ;
m««U vllb otber Judtclal
manibora. 221 ^ proldeoL of
the Cammliralnn, ??| ; voi«d
with Republican 3 on (luevClon
Of HlJTnptirt*VB. :Afi.

Clymer. HlOHfer, nomlnatea
J^Tancock. 33; n leader of tl>e
mibuinorii, 2&S : d^noun^ea
Bradley. 3 30,

CccJl& WlllEam A_, mf^iftier Flor-
ida rtlurnlng biiaril. iTI; opln-
tor oincernlns tns Imjird'H
pipworp, flfi; i.*rjncura tn acttoit
n'p:?irilLng BaKer couiny. 70:
proicHtB :Lg:iioflt txcEurlon of
Jaripi^r Prechici Nu. ::, 71 :
chaa^* opinion r»gardlas
precinct In Kt> Wtsi, 7] ; op-
P0B69 rejection of precinct* In
JrtCrtflrtU county, 72; ct^rtlflea
rftUim made by l>emocraLlc
clulEiiB.nU In Florida, 7T,

Coker. Simon r» murilcrcd. HI.

Conktlnj;, Roncoe. a. dlnieoaer of

Stronace. h, i -. candiOiite for
ealdeotla] namioatlon, 11 ;
qunm] wllh Blaine. 1Z: lUCk-
parted fey tfae Admlnlatratlon,
13; nanw preaented ta con-
v«nlkiru 31: vDt«a r«Q«lved by,
21'XA; opinion upon povr of
Consresa to go behind rotumi.
Ill; aplMlnted a mernl^er of a
Saaata eommltloe, 11^3 ; ^.trw
to wDTk for paaaase of Uw
Elactoml CommtiMlon bill,
aiD; ipceJu in lia bcrialt 212:
wh)- not ^Hjaun » meimber of
tbo CommlflBlDri, Z2r

Conovcr, 6. B., recolvoa tatfiErani
from W. B, Chandler, fil.

Convefitlfih. RepirMlmn at Cln-
clnnuti, 17 ei nn.i IVmocta-
Mc nf RT. Ijimift. 30 f-r tfQ: of
ProhlbltlonlBtfi. i& : of Gr<?en-
(mrkeri. 3S. of Amerlnjkn Na-
tlonnla. 3P; of LQuLsl&nik R*-
publlcanB. 3R ^ of Lo jL^lana
DemaorataH f9i of South Car-
olina RepDbllcanii. Hi. M\
of 8oDlb Carcllna Demoorati.
131.

354

Cook. JaTnea, K1U»1 ai Hamburv.

(eaUmony of Peltoti and ocb-
ers. 324.
Coopor, Po(4r, nonilnaled by
(irf^nbocUBn. 33 ; burlcHiiic
corLinc^lo from Loulslnna cer-

thai Hl^tfi Eire cn4t for, :!39-
Co-oiferiUlLHJlflifl, r.ivor auppon-

Ln« Ctinmbcrlnln Ln 1B7G. 12S ;

deffflii'd iij tX'inocratEc con-

venMnnn US-
Corse, Ovn. J. M., In mavpinent

to sftwT Tllrtpn by foTcw, \SH-.

to IH! inmnuLnt^ler-In'Cbler, 134,
CdwsIII. ClavTfin A . memher

norldtt rrturnluR bojirdn fl4-
Cqe, Jai^ab D . ■ member of Ihe

Potter Commit Ipe, SM,
Coi, M, J., pnrt of In omvnsglng

votes of SHhFT count^H 63,
Cax. S. S. Pn?p«]i of on the

LoulBLana doclvlan» ^47; An Ir-

reooTiPiiabJft 357.
Coyle, John F., a Democratic

visitor In Florida, RS.
Crap<i, ■WilUnm "W,, upopph On

LoiilHlJina deciflior:. ^48.
Crpftll Moblller 1 ; harped on

by DemocnkLa. 39.

CkgLoq. form Lbtb^ pari of pop-
ulation DC Louifilona, 3U

Cronln. E. A™ Qreson IhnnQcruts
otoliT) «leali[iTi of, 159 ; eL«ct1nn
or certLRed by Grovsr, IflS;
TflcvlvHB oertlflcate from ll^.*
H^ivi&iy of Dlatv. m : Q.|i-
poLtita Millar an "Rimctor."
votpB for TlMen> nnd carrko
tha T*tumB trj WttirhlnBtnTX,
Ifl'i; TirtiHimeJ, lfl7 ; Gommn-
Plan Vales Ihni hln nrltr^r^ali?
tfres not c:onlB.ln the vote of
Orcffon, 256 : i^Ni^uhi^ed by
Republicans. Z^fi.

Cumback. WUl. villidraira Hsr-
ton's ram?, 24-

Curiifl, Geargf W., F4econd£ nom-
ination of Drlslow, ail HpMCh
of on For0T:itherfl Day. 1H3.

Cufltf.r, Oen, GearEP A-, tclllfd

by Indiana. 1.
Co^rigp. Evaoatille, decUrDa

Tlliltfn will be InBUfiurDtDd,

Dana, Rlchartl H.. Mcwmris nom-
Inodon of QrlBioDT. ;i.

Davla. JuilHe lUvlrl, receive*
oL$<]torRl voLofl In If 73. S;
tni^nUUDtC- 1?3 , dl3CU!f9lon
CN>opemlns bU poltllca. 10<\ ;
mi>iitloapd, Z^Z. 209: eiowfed
thai ha would hQ ct memb«r
tjt ibij Commlssloti. Ill; «&«>■
ted U- S, Senator. flV ; refui^
lo flh on [he CommlBsloD, 331^
msFitloned by Woodworth, ISt,

BavlB, EiJmund J„ mov
aiuQiLdmanT to RepubllCKii
pluIforEn. 3D.

D^mnj^rnllc Vetera a Saldtvr^
AKsoclnllon, 139-

DoimlBs J. B.. excludes DmdO-
cratli: claJmanis fiDiri Sou til
CarolinB Ipffliiloturi*, 2^%.

D^nrlR, t» 0„ cojir«0s1oiu gl«
'A\\\.

Dejint^on, WLllflm, nt Womilei'
con re ranee, 'i^^.

DlnhgrnVL', J. H., murdtr ot
]0».

DIjc John A., defeated t>r Til-
dan. :9-

DoolUtlr, Jamea B., a 'VliltlaC
sCareaniAn" In LoulalnnH, 9^.

Dflrmqn, JnUa anlntK COH IB
cnnv-ikMing votM of Bakat
ofiunly, 69.

DctBbPlmPr. wmitiirL worl« for
Tlldtn'fl nomination. 31.

Downfl, D, L,. objectlfra to n-
olivine hlB votp fl« nn ei«*tfir-
279.

Drew, Geory? F,. DemocraKto
cjin 111 date for governor of
Fl[>rldn, ndmltlnd to necfllona
ot Florida r^tumlnji bo&rd.
es I pell lion ■ for n rauida-
rauB, 77; VDt«fl received hj.
79; InauffTiralt^ 79s

Drlffffari, Bllahn W.. notlAM
clerh of Bak-r coutiiy rah*
vatiH, €9; cnnvaBs&i ibe %-oM
of tliui. count?, (19,

Driver. Rtindall, whipped, 10*.

Dunn. T, C, put on Republican
llc*(>t In South Carolina, ITi,

DuTflll. JnriEf E. H., Issneq -mid-
night it^irainlnff order."' 53.

Duvnl county. Irro^ularlU^a
rptum from, 74

INDBX

355

Baft Batoh Hoitob, cl "■eloot-
«1" pariali. M- vow 111. Hi:

mentioned. 120 -. super vtaorB
iTmw out mllH In, 113.

ILulerlln't Mill. DomDcratlc
fdnb at. adupT>^ rt^oluiJons
qg»ln"' hfivlii? bualn^fis d«L.I-
lnK« vltli Rflpubllcana, U9.

EfOSI FelJcIjuiiL, Lk "lelfiffTed" luir-
iBli, 90- vluli^uci' ][L, 110^ vole
of ilirnivn out, IH, vot* of,
lis, im-nUcpiiea- l£0-

£aEDii, Dorman 6-. au«ndfl Flftb
Avenui^ Conftrcnc?, Ifi-

E^f^dAld, frauds lt>, 14S ; pro-
lesLa neiiinai. ISO. thrD>rii oui
hj relumlTiE hnard. ISJ ;
<mKlil to have bcfn pxcltideil.

Edmundfl. QeorRB F.. »uff^?i^s a
cCTnrnL44lnn fnr foirnlTng IhA
cleclorjl vott. iSfi; Introdiicezi
a refolutlon Utoltlne Townrrt

rommtliee of T^ltl^^n, \tS ;
4orn n<^i consider Pnvln an
Iriclprpridpnt. 31)1 : r«irt-s drnft
dJ a f-jwrt to Acconkpanj' ihe
m^cTorsI CnmrnlBBlDn tit 1 1.
21^2 . maK'S a Bpe^ch \n behalf
of the h\l\. zii>: n mi^mlwr of
the CommLsAluti* 3^0 ; men-
tioTiB4. s?t>: mentirniAd. 334:
qur-dlLan of his cDnf^lBtcncy*
SIR

Eaierton. mce conflict In, 112.

BLIlH. K J. aiianaa WDrmler
OriFvtvnc^. SAB; rpt*1vuB cop-
Iflfl or rpnnLn lei i Ant from
Brawn. =73.

KlllOtl. R. H- put on Republl-
tmn tickef In South CaroHnn.
1».

Binuna tflnr BCmYdnl, harpod on
Oy the DomDcrKia. ii.

Bvarta, Wflllnni M„ couneH
twforv the CoiumlnlDn. 2Ztti
Indonet letter To Chnmlwr-
lalTL 3>a,

Bwlnff. Thomas, Rfffni minority
rvpon ikE SI. Lixjls, (},

Sacprea*. Efi? Npv Tork, makoa
incendiary uli^mnces. t<9.

FXRHT. TlioEitaa W., allows An-
der*on to lak* baf^k LriutvlnnA
nrtlflcaten HEi ; nLfiittoDeO,
ITl. IM: would dBt^Utre Hajth
«toct«d< ITT H nimar IhBt 3Ti«r-

nijui wrjuld nupport him. 197:
wilt "adlrk nu roiponslbJllty."
194: cflJIv ialbt BfsBlon to or-
der, 223: ucUan on eIlv tuffus
Vermont reliim. 271-2"G; n.n-
nouiiitra Lhe Qnjd result. Hi.

FU-id. n. D, elpcted to GaoffTPsa
10 rtptestfit Tiiden, itfl : coun-
aal bafoTfl ComiDloBLani asB :
an objector In tbe FlorldB
eoffa, 3?fl; submltH ii.n objH-
TiDiL En Jolnt-oi^iBlon to oucini'
Ins it"^ votsfl from PlorLdit.
237; Ulll TO reisulftie Uie *UC-
cotfslon to the Preald^ncy, ITS-

Fi^Ed. Judtgp Stepbsti J.. nMB-
lEoDrd. IftS; Co bv n memlwr
of th? d PC (oral CinunLsslon.
joa ; meois with other Judl-
oLnl meinlwra, ??1.

T-^lfTepnih Ampndmctit. afrvrr
rt-jUly accBpled by the Soutli.
hi.

nrrh Av»nui> Cotifer^noe.. 141 ;
m«mben> of gea«rally auppon

Flnrlda, rumors of InEtmkfnTlen
In. 44; chapter on, £T. InVAS-
iltfarinir corfiinltrwHi npnr ro.
17S, ]T4 ; cuiKi of bflfore Con-
ETPs* nnil ihi* CnmmiMlon.
^23'2ii; mPntiontd. ITf, 307,
30«. 309. 11(>. 330. J3^. nS.

aas.

Foont, John. pr«satit at Tfmst
edllnrlFil countiL 47,

rosier. Chflrlwi. uu II inns HAy«6~»
Routhcm Titles'. 7IS : gW^a
lPli«r?i tn Brown. 27I-2T3,

F^ax1i>r. Willis. whIpipAd. 109.

FnUnnhuyflpti. Fp»d*Tlf* T.,
niuin- prt't'entpd for Vlcr-Ptefl-
Idi-iUleil nomlnnllon, Z&: siiff'
KGsis plans (vt counting tb4
vL^otoml voK^n. 1H( , appoint-
ed a mvitihpr of a senate com-
mltlw. 192; ppflnks In behalf
of Bleclorol Commission bllln
?17 ; n mrnib^T of TTl^ Cnm-
mlHlon, :^0.

FVlBtidiiblp Church Prednol.
thrown atit by r«tumliic
lM>«rd. 71-

Pry*, W, p.. m«raber cf a eon-
CTpjuttoPS,! InTCBtlBatlnfl com-
mit i«e, lt>

3S6

Htat^flinan" Ln LAulnlaoB, 9G ;
Rpralfp n^ntnnt Rlwlnrtil Com-
pilielori bin, ^OC , & mfimber
dT Uip Commlulan, 2£0 ; ar

tiowd, aae.

OnrtlB, Benarp orders Invnatl-
CAtlon of slecUon In* 174 ;
pipcrnral votfi» or count^i in
the AltffTbatlTe In !!«», 181.

G^Dcrinnn, voi^ In SoiiiH Caro-
Uda. 140.

Gibson ^ A- M., AbHurd vjev of
the PlnkHton c&iBh lOS-

GUnon, Randall. i^rtBeiiU hji
cbJocUon JkffalnFl i^ountlnff th«
VOlea ur IvVUlnLUIL]!. 2*4,

G1*av«s, R. R. pmridoB over
Suulh CbtoUoa SeDBtH, US',

QMwlii. Parlie. a [lands FlfUi
Avenue Conferenoe. It; mip-
portB TLldoi, «>.

Gordon, John B., thinks TfldAn
la certain aT vLcl.uJ>t 203; nt
a. ■ecr4t DDnferenoe, H^.

Grant, Gfln, U. 3.. ro-eEccLed
Pr«fild?nT. 2; ^v^rDm^nr ^x-
pvndlturee Under, < ; edIbbd^'
PTnm»nl under, 5'fl ; pmiBH In
Rppubll[»j] pLatfurjn, SI ;
wrltnH trt f;#*n. Narry ^Vhltp
Cflncornlne third lerm, 11; or-
der to G*neraf ShTmnn. fit;
inentlDn^d. 171, 20^: rcportod
ftiBt li« noiili] Ofolnrp Film-
Btir dictator, 17£; Damoctata
wlih To imrHVu*h. 17fi; rumop
that he Intended to imprt«on
Demficrats, IS7: nnnlotifl. for
a compromlDe* 191 , approvna
EQMtor&t Cnrnmisfiian bin,
3B0 ; prorAlfied to pmct-A'c tha
alatus QUO In LoulaLana, £71,
L7B; ctvurae of dnrinn; (he
crl^^B, 2S4 ; cauvea Hayes to
bfl flecr«tlj' Bwora In. 3Sfi-3BT;
tsreiUl due Eo, S34,

Gnml pnrlah, vole oC UirOWO

out, 113.
Gr^pT^. Homee. eandidale for

PrvfildeuU Z-
GrBenbackera. tet Indcpetkdent

NAtlonnlB,
GroBVunoT. WIIllBm M., dBtlpli-

eri clpbcT d1flpatrh«. Eie.

Grov*r, I^ F„ eovcmor of
son, l&A ; receives a teleicrnrn

from Hevril. 1F9 ; Ibvusb a
cmlOir-iitc Id Cronln. KJ ,
burned In em^V. 16G- irwD-
tloned. £S4 ; denounced, ZGfl.
Gwln. Will Jam M.. works Cor
TUdeii'« DozolnaUoii. £1,

Hale. Euffena, a "viiltlnE staxm*
man" \n l^ulolana, BS.

Ha-mbiira MaaiBirre. 131.

Ha mil Ion founts'' acllan o( re-
tumlTiff board on. TV.

Hampton, Wade, nomlnotci ffli
gnverrnjr of S<rulh CsJ-nllaa.
133: dHland «l«(«d. 391; at-
tempts to Tjardon & prls(Bier>
2l>^ ^ pB-ymtnt of laxoe to. 2%t ;
go<tt [u t\'iLHbliiK(-on, 236: re*
c^lvf'B the exix^iEtlve oSoc
Z»7: njBiilloned, 30i.

Hafimwk. Gf-n- WlnflHd S.. Ifllk'
ed of Tor Presidential noin»D'
etleriH 3D; aupporterB of, ^'-
iLiuno presented 1o cuDventlun.
33^ vote fcT. 31-3B; rumor
that he was to be tracaferred
to the veaE, tBT.

Harlan, Gen, John M-, nointn-
atM Brlstow. Zl'. memtt^r at
the UacVeaEb CommlBBlon.

Uartjiuift. Juhn F., candidate
fnr PmiHentlal nomlnallon,
IS; qnpporterH cf, IS; naine
pr«flpnlod In ronventlon, tl ■
VDtcA received by, 3S--K-

HaMMard, Ji^iHn R G., dee4pbar*
dphfli dlflpatch«a, 310.

Hinfley, Jnspph H , namfl prp-
seiiied for Vlco-PreoldenU*]
TinmlTiatLon. 2h ■ mnnber of
Mac\'ea9la CommluLoa. £9fl,

Haj'PB. RiJtnprrord B., ranriidaTQ
for PreEiLdBntlAl nomLnatloa.
Ifl ; nan>? prpnented in <:nn-
venELon. 21 : votaa rBcelvod by,
:i^-2^'. nnmlnatr^d. £S: bov
noinl nation of woe receEved.
ae ; hlB iPtliT of flect^ptance,
87: Florida electors caai their
voiea for, ifl; «nUil«i] to vom
of FJorldn. 7< ; voto for c:ec-
tOTs oupportlnc In I^uEsianLi.
Q4 : LculBlana electoFB vi^te
for, 114 '. has a majority In
South Carollaa, IBI, 1B3; «1*a-

INDKX

357

ton In Souih Carolina vot«
far. l&tj OragoD eloctora vote
Tor. I&5; inentEonied, iTZ; ex-
popts la be Inavisumtad. IS 9 ',
mcnl^onml. "OA , uppu»H| lo
Klfrctorol Oommtiuilijn blLl, 310;
vulMi iff norlflu cuunleil for.
93S; vtjtafl of LdOuJB^ana. «>un(-
ifj For. £49: votes uC Orogun
mant«d for, 257: altcmptB of
DcinocralB to a^batl pJcd|^
froTTi hH frlPTida. ^K4: hkR
frJenda Biiaranl?e that he will
ollov the Republican aUle
KovsmniAdtA in tbe Suutli tL>
fall, 170 : dwlAivd #1«?r.«j,
3a£ ; i-flBchen WashlngrtDii,
28«: iwcrpdy «w'>rn in. 2S7 ;
BummonA llAinpioii and Cbani'
twrlAlb lo Wruhincton. 2^7:
BOada a cammlvalon to LouIb-
l&n&, IV^: Sniitripm pQllcy M-
tiLClnd. &0\i-. wlodam of thla
policy. 30?, 304; raLlod a u»-
onwr, S0<; policy of allendtev
Soitlbflm RApuiiiicAiia, auH :
mentlonsd. Ill, 112.
Hei]diif4Efl, Tticmiui A.. reOelVM
e]«ctaTal votte In 1S7S, 2 ; can-
FlIctHTP (nr Frf^flLrli^TLilH] nomln-
atlon. 2(1. 37 I nomo pr94vnt'>d
10 convenlljn, iJ ; vqii- for,
34-3^ ^ nomlniktcd tor Vloe-
Premdenr 3&; mvji^lun^. 41;
ratuma 1ndlcal« vlscllon of.
tS; DetnociaclL; v]n;Lijrg Id
FloHdft *ole for, 17 : Damocra^
tic eJfctors la Loulalima vote
for. 114; Cronln votH (or.

N^rafJ. iha N'*w York, aivtt ad-
vioc to DrEiiocrats:, 7 ; harpa

XQ "CttBaiidm," 10 ; plvoo
L«t< DepioCTfclft 1*3; de-
plonv froHunciairt&ntOM, |R9:
quoted, SS&-
Mflwlll. Abrain H., nfuves 10

Ki>^hAA« l^ulsUnn r^EiirnlQS
ari. Ill : Bfitidd t«l«cratii
to OrfCQUi ISt, aunouncaa
election of TLIdpn. IfiV; tuiR
an LnlBTTlew with Grant. IDI :
nppoinled a iiiPf[it>^r of a.
Koum rD[nni1tto«, 193 ; con-
aultfl Thdfn. 149: prnponq el
plan, 2D3 ; 4otlB^t»l wUh B31h-
lOral CommLsdlon bill, 204 ;
coalmx-ervy with Hoar. 3ft^ ;
prvwntB irip »anit VPTmnnt
t4

return. 2^4-. votH oKaltinC
Kaott'fl reaolatJon. 37»; roen-

UoQod. sat.

HiTElnicn, Thoma* W.. HttenAa
Flftti Avenue Confertincc, 10.

Hill Bcnjamlp, refero to Demo-
crata "Invincible In poacn and
InvUlble In war." 174: sa/a
the doutli iH for pBdc», :0€.

Kill BLIaa, whipped by Eu

HIUDOk, Frank, a mt'nilwr oT
Ihe FotCvr CommUtte, 308 :
mendonfld. 324 : crosA-enotn-

inc« -nidcA. a;^£.

Hoar. G«ortv P.. member of a
confresflianai invMtigaiLnc
cammlti«fl, 1^0 : appotatrd a
member of ■ Home committee,
1S3 ; ■uMftfl pl&n for a com-
miBBion. lol : Quoted, 'in*; a
member of th« Commliulan.
22C ; controverw wuh HewllC.
3ES: fredlt due to, 334; con-
HlBieniJV of, 330.

HopKlni, Mark. Attends FlfEb
Avyains Confcumco, IS,

Hounobold EnglUh Dictionary,
vmplutril 1(1 seaitInK clober
dlapatcli«B to and fram OtV-
Kvn. IW. menUoiM^d, 1*1.

Howard. W^illlara A-. vpeoka for
Hayes at Clacltinatl. 23.

Howe, 'Hmolh/ O. dasorlbM In-
llmldatlon in LDutalaim, ttl,

Humphrers. F. C-, jbjected Ko fla
ln^llslEtL« to b« (^hofltn an Hn?-
tor, 224^ liad r«l(n«<3 potl-
l1oi» bi'farp the flLvcUdn, it9:
flvldence taken racardlaB bfa
eh(1bllllV. -36; tbree EiemCH
nrala vote ttiat he waB eligi-
ble. 3t«: inpnllonejl. A39.

Hun ton. tCppa. appointed n mem-
ber of Ik Ilou■'^ wtmmltlec,
I If 3 : mtf^iioned, 2Q3: HpsaKi
In behalf of Klcctoral Com-
mlnton bill, £V& , a memCtpr
of tl^c CommtBalon. 330.

Hurd, Frank H.- an objector In
ibe came of Florida. £S;.

Hurlbut. Staph en A., ipukB
a^-lnnt BlKfoTvl Cammluloa
bill, 2fi<.

3S8

INDEX

tlOD of. S&'li.
IndloiLfl. BO«a D^moor^tlc. I! :

obi^cuonu l-o reiHLvLns cleutur-

ai vdCb d( in 11(17. 179.
ladloiLupoLiflp Democm-Uc tmot-

in« at. IK.
lonnoll. Col. Koltert G., DQm-

iMtM BlOlDfl, IS.

Jackmou coupt/t mtvnUnc
bourd UiroWR oul fireclnctii In,
71.

JiiflpAr Prwlnpt Vo. H, tftroft'n
ugt t)/ retvnilus board. 70,

JflffBrflon wiupty, alfegwj HTpk-
ulurJtl'^B In conduct ot tho
alsctlon Id, 74.

Jenkfl, Asnen !>., may h&v« wrLt-
i«ii the Shermoa ]fltr#r, SIX.

Jcw-^L Marshall, cvuidldAto for
PrealflantlAl nomlnLllon, 13 ;
n&mc prveentcd to tbv conven-
tion. 31 : votwi rw«lve<T cy. 26.

Jmrelt, D. J. U. A,, IsflHeB In-
BlmctlGnfi \o HupervLson of
rpKlac ration. 93.

Jlllnor. X K,, irnatale in make a
apwch boco-us*? oC Democratic
Lnl^rmrilkonfl. I3ft.

jDhnoan. Priinus, murdered. lOfi.

Jcinm, A. O. ^irltitlpH Democra-
tic cloIrruLrilfl from South Car*
dllna. Led 9 in lure, -8B.

Jrmmal, Tht InrllaniipoUo, ctd-
mUfl Reijubltcan dflfenlp 45 :
ajintjUEitwi a. *:haiisv in th?
oQilookc fii.

Jjiian, 0«iF8D W,. apvoch of on

stiL or J&tiu&ry, 19G,

Kaeson. John A., a '^iHltlns
fftateamaii'" Ln Florida, 64: aa
□bjfctor in the Florida c^a^.
?*7.

K«Ll4i¥, John* oppoHBH Tlldpn oX
UtlcB. 2« : at at. I«u1a. 30. 84.

KellDCS- StFpbcn W., iiomltuitea
Jowall. 91-

K^llosa, WUliam R. Inauipinit-
«d rovfmor of Loubitana. SSt
toiicri ri7fij£>- i[i c^uRioin-iiouiw,
*T ■ B[i[ui1nCH rftpH^t Pillion of-
flctrs, ItZ; privy lo forscry of
<ilffnntiir?K to rlni^ioml rflrll-
flcalOi 110; Infomw Morton
That ana or tha Louisiana cer-
E[ncaLrB la [rroEular. £43:

ctiiiMB tmapR in Di>ruTiy

LouMaaa alale HouWh '^m.
Kennnr. l-otilq M.. mpinbpr Liiiu-

ialDfka retunUikg bo^nL E£-
Kenukii, FTanclB, worb^ tac Til-

dcsi'i aomlnatloQ. 30 ; nomlji-

ni^ TIldeTi. 33.
KraC, Chaac^Jlar JitiaeM, quoted

by Mnrlon. ^11.
Kerr, MkchacJ, death of mmtlon-

Key West, rr-tumln^ boar^ (X-

cfuileH rredn^i In. 71.
iCLrkpnlrich* rtooAld. nornlnaiM

by AmflHcflu r^aMonoiB for

VJcp-Pr™ldent, 39.
KnlE^lB o( ihn iDoMen CLrrle.

bclcxE Tcviycd Ln tfac Middle

West. ISS.
Knott. J. Proclorp chalnziaa at

House Judlulary commlLtM,

IQI; roporu UcCr&ry'B rtma-

lutlon. 11^ : reBOEutlon of con-

DcmLos tha bo^a Vetmont n>-

tuma, 276. 2T».
Ku Klux. IntlmlilB-te ne^toe* In

IjouiaLana. B6 ; Jn South Car-

oUno. Ii4.

IfATATSTTk. Hupemson Uiron

ovi polio In^ llS-
La F'ouiTha nuparrlHra Uinnr

out n^lumd Ln, ll^r
LfB.TLdr7. Inllmldatlon in. 8G.
LdnQ, Lafayi^Etp, a leador of tho

Ijiurenfl, frauds In, ISO: tliroirn
out by rQtumin« buard. ISI ;
DU^t ta have l»cn oidudM.

ite.

Ijb UD-m«. X v., not aalLBfipd
wtih tho DemocTatlc manafCP-
ment. ^9.

Leon county, olleasd frauda In.
78.

JjBvima. A, B., vute of objcctnl
fOp 114, 340; tnentioned, SKS,

I*gvy, "W, M-, altendH Wormlpy
Conferanc*. IBa ; ndvis^n Dem-
ocrats lo allow itir count En
b*i DDmT»LpI*>d, 377.

LllwruL itf pubElcaoBp namljiatr
nr#*lpy, '1 : rprorinH il^nifid in'-
S ; l<»iid lo drift &acfc Into Rc-
pubUtdE lurty, 10 '. dMiarv
for nay«4, 3fi.

LLnrn[n, Abmham, re-ftTat^ed in
1B04. 3.

INDBX

3S9

Lodeo, Tl-^nr/ C. oHena* Fifth

Avenue Cunfprtncp. it.
LcS^n. Jobn A... nppolntHl a

member of a Senate comnill-

t*fi, 197: d^r^atPd for re-atoo

Uan, El?.
LiCflVDfHl, Efl-lin. tHiElfl'v cnn-

Cflmlos polLtloiJ ouTmBea iii

Ounchllfl, llto.
Lord, Scott, mrrodutna r&idlu*

Lion oonde^nlng Lnlkmtiinflon,

LAulKtann. njTnr>rs from. 44 :
chftpler on olecMon In, Bl; In-
vi^fitlffntins 0OmmJlTP4« wrl In.
173-174 ; mentioned, ITG ; Mec-
(fiml voif^ of (^i-nintMl tn iHfia.
Ifll, eicludfti In UT^. tat-
1^3 : diml eovmrnj-nt in, l^>fi:
G&se of b«fi?ra CongrPAs aim1
tb« COTnmi*wlnn, ^SR-IfW; iH^t-
ttoDMbt In. ^94'2Q^, ^5T-^n2;
IDVntloned, 3:<f, 33D, 33!!, 229.
Utt.

U>wpn. jMTTPa R. rumor thai he
would vote Cot Tlldfin. 171.

IfcCLVLrrAPta, OftnerAl John C„
pcmunenT chnirmAn nnmfKm-
tia naTionAF convtMitLon. 31.

lIcrTmlrk. ryni^ MXitcen of for
Vttr-rVejldcntlol nomLnAtlon.

IfcCrnry. Oootbb W„ Inlrodump
A FFSOluUoQ iDchlns to a
r«mpromtBe, 194}^ a.p]>oiii(c(l n
member of a flomu- commlTTiy*,
103 ^ IntroduoM n rosotiitlon
1S7 : Bpi-akB In bplrnlf of Blec-
loral CcmmlMlDn bill. *U:
nil oblector fn Ih^ ritirUTa
os«e, 3^7: c^redlE duo In, iH.

HcEtnvry, LnauKurjilwl ' ■govern-
or^ of I>oulB[n.na. but In unD>>|«
I'j DinEnrqln ri]A pcriUlon, <4 ,
fprMflpn TflJumn moni In by

UAfkAT. RobBrT W . bccubM of
(Ampvrlds^ wiih cflnvMitlon
llrhtlnr oJiiirririerit. i!3

Uackrr. H- W. M., Hrcted api-ak-
»r by R*[iii[tl]r-jin l'>g-|ii1attjri>.
IflS; i!Ouri ftfcIiin-A lie In nui
■Twakpr of ihn Hrusfl, ^9T.

UcLIn, Samurl B., tei ember of
1i~1andit rpiiimlnf board. £4:
ronre««Icm of, 30S'911.
•IS

McMahon, John A-, admlta thu

I he DemDcrAlA are wlltiocit

hop«. 24ir
McThQTPon. Silwaril. [KrutiiLiieitl

rhalrmoa of FepoblkoiQ con-

\i-cil1on, ?0,
UacVwLffh, Wflyne, n member t^f

Iht LA^ulaLoim CommL»Joa,

MaddoK, Joseph 11.. enlera Into
an alTlnnoe viEh Ptckell. Ill,

MikiJuTe? oounty, Ihrmm out by
reliirnlrg hftnril, Tt

Marble. Manton. a Democ ratio
vlnLfor to l<1orlda, s^: fin.
iiDUnce« Republtcan wktie^-
nfips, a^T ; fltnlemeni to Mn-
Lln, 311 i connfrctlon with cl-
phEt dlspaicThu. ai7-Si9. sai.

Mai r h Aw4<, 9tnnlJ?y, <:<iunset bs-
fare llic CommlsilOEi, flSG; ar-
euTTient in norhln cfute, *I1 ;
at "Wormlcy Conftrrnc**, 2*B ;
trlv'pR r>»rlnln flK^mrancw ra-
HikTd^Tiff the policy of GronL
271 : wrtifis in CEuLinberiain.
ESQ.

Maxsy, Samuet Br. denouncfw
Loulatana ded&IaD, Ho.

MenrJinm. RotwiTt atlPmiit to
iLBBiuisinate, ES.

MerchajitF' HTrphan^. Demor^nt-
t!c national oonventlan meats
In. 31-

ML<iblgnn, vote of thrown lo
Tfavea. 23 : abjerMlann to n-
t^lvlns vtHTlorat votm of hi
IH37. IT»L !n 1S77, ISO,

Miller, J, N. T.. orcftlea an "elec-
tor"" bv CroDln. I»4. 1B6.

Ulller. Jud^ Snmm?] F.. mon-
lluned. l&S. 202 : la bn h mwn-
b^i" of tb* BlfoiorHl Commtn-
plnn. ^03.

Mi^lp, Roger Q., Intrcducon a rei-
otuclon that th« House shall
rirfw?e«l to tloci a PraaldmiL
280.

fttljululppi pl&D. vmployad In
Florida, oS ; employed In
Snuth Carollaa. ItS; mvntiaa-
nd. }ll.

MlifllaclppL, BuppreaAlon Of ii4-
po vnte Id. 7H; Mtvilfvlppl
RonnlA orrTfirn lTivf!«E[irat1on of
elcctfnn In. 174; noittd bnvo
BOne Hflpubllcan In a frw al«e-
tloo, B41.

3*So

UlBiourl, ob>ei!tti>nB mulfl to tc-

caLvlDK aleciuriLl votsi of In

M'il. I7J.
UoncutQ ufl. Dubudet. In aiMt of

LnulHtaniL ^ipremi' court fioIdH

Uial iicclqLonE> of returning

botrd <ir« not aubjivl ta n*-

Tlew, 117.
Monrw*. tmsro^K gKiber in to

vale. iLtt,
Uorenousp. a "bAI^I^" ptfliUl,

SO; vole or IJQ; mentioned*

U6.
Morriflpy. John, works for TH-

d^h's nomLnnllDn, R<i.
Uorrlfwa WmitLm R, sivikon oC

for Vlo^prcflldpfitLal nomlna-

Uorlon, Ollvpr P.. a fltKjWnsHr of
piitt-onnso. 6. 7; caritlldato far
PTfffMTiEiAl nonnnaiioii. n :
DUpportarn or» 13; altbckod by
New Torh WorW, M; follow-
Ins Al CLnclnruiMi l^ , luimn
prfiflomfl<l to PonvftniiQn, ai :
votea received by, 22-2 1:
brlngn In rafiort upnn I»u1fl-
Jana pketlcii of IS'2. 383; at-
lemplH lo chPngp methmJ of
Hectlns the president, IS*-
iHb: mfivaH thai TWAnlT-Sffi-
Dnd Joint Rule aball not bo re-
adopted. ]R«; nppnintftd a
fiT^mbfT nf n (sommlltc^*. 192;
T«Tim^ lo aleti report nncom-
panyln^ EltrlorTil Con-imloa^on
HU. ^n4 : oppnft«ti the bill In
m Sonntc. ail-aU; occuHod
^ Conkiine or irvlni to pm-
ri>ke a drmSlock. 312; a mi>m-
boT of the CnmmlB5]on. 320;
mtPtlaned. S2& : miyvea thaT
vates contain ed In No. l af
th*^ Lou Ip! an a corUflcatwi ho
Fourled, liT, : wnuLd have
b«cn maae PreBld<?nl If count
had not boen coiunleted, 27^-
mentloned. 33ti'

Moeeo. F. J,. olet^tBd «ovemor
of BoTith Ciirollna. 12B: olop-
led ciroidt Judjco, 123; oblor
jui*tlco of South CaroUnfl., liB ;
Illness of. Z93,

Nation, Ttit. commenifi on BrlB»
(ow'b nupporterH, 17; coin-
mentA of on Kt'ptihllcan plat-
Fdttii. 37 ; aptnlon of South
C&roUniL DemDCiuLlc platCDrm.

134: flusveflta thAt a Hapdb-

l](»n elector votD far Tllden.
173.

yov^nda, cbjrciron to VDio of on
eloplor nr, 2&n.

Ntw Epstand Society, dinner of
on FnrefaEhH'B Day, ID3.

New, J4ptha D . apeccb OB
LouJRJanfl decttlnn. -ifi.

New Orleiuis, aocloty of, Hi
Tlois rtf IK&& in. K = : massacre
ct ISGS. SI; r^elMratlmi In,
93; n ffoal of "vlPlllnE alalon-
inen," 95; AssEatont aupervls-
ora [brew om pons in. iia.

Xcwi and Cattnrr, the Chnriw
Itin. oomrnends Ctiflmheplain,
IIhS ; onde^vors to Induce D^m^
ocrats to pupport CiinniriRr-
lo-Ui ; BOya DeniDdAtfl cnn car'
ry the stnte only by nmrnt
force, t30; reaolutlon In con-
cen^fne pmpIoymenT of Raputt-
llcatie. 133.

NJcholK F. T.. nomlnftted for
^vernor of LouldJ&AA, tl '.
prnmlnoft fair (reatmenl for
negroes. Z1\; dectarH] elected,
5H4 : irnnnmln rosolullona to
MacVtiuffh Cuminkfiffion, *» <
ni"ntian''d, 304.

Norrls, Tilda. pardoTieJ, 293-

Norlh Carol Inn, goefl fmm
Hiyea lo Bl.ilne. li.

Nnrib Carcllnlona, vote In Soalll
CurallniL, ]4tir

Ki>rlhnjp. Hilton H.. quoled. 3flD.

Noyes. E. K- a "'•IsltinE ftiAii^-
moji" In iHorlda. «4 ; all^v^

ID.

0'Bhien» William J-. on Irrecon-
dHaWs, a&7. «74-

"Ociober atates."' results of elec'
tlon In, 42-

Odell* W, H,. recelvpa a major-
ity of votoH for elector In Ore-
gon, les; election OPflLfled by
Grover. 143 ; helpo ta orffonlBv
llie HfctoraJ oollefi*. 1*4;
votea for Tlnyos, IQE,

Ohio. ReDuhUcnn majortiy in at
Octol«>r election, 45,

OreKon. chapter on untevt In.
167; mentioned, 171; Bbift-te
oominlttpi^ inatnicled to hivei-
tI«a(Q elocllan In, 174^

INDEX

361

tloned. 176; cmm of bcfflfc
Conffres* and the CammLulan,

340,
OHoadorTFr. Onwold, a "visit J ne

MalHniAn" in LduiHlATin. !>&-
OuuAlta. B ""Mlecttd" pur [ah,

»0 ; outra^fi In. lOI-llQ; Va»

In. US; mt^ntlQned. 130.

Eram from W- B. CImnOler,
El ; nornlnitrM (or jovemar oJ
IjouIfl[[tnii, 37 , n:LurTLlnK board
^vs* Mm a irinjOTlrV- 114:
declarwl L'lt^^l^cl, 2»4; glvea up
lh« coniest, ao»: iltle of. 3*1-
Hi2-
Piilmer. John M., Spoken of for
VttvPre^lilf-nila] numlnnllon.
15 J a "vlBllIng BUkteiman" In

p[iMc of 18?3, S-

Parker. iw^t. name prvavnied lo
Democratic oonventlon, S3 ;
VOIb for. iA-SS.

PatrlchH J- K- H,» takoa a dle-
Uonary to Qreeon, iHQ'. spnda
cLphar leleffTam in Pillion,
1C1 ; inoni?y fumlfllied him,

Paiiergfln. Jotm J., a ill9peniier
of twlronii^o, B. 7; i1i^rtnt«d by
Cli0mtii?r].i.ln in coii[?« tar
pCfiWon fle deli^saEu to CiD-
clFiriall, IJ).

Pnvnft, Honry B., appolntod a
lliBnil*r of a Houhp Cammll"
teft IVI ; nnnDunci^a thai
HouH CuiiJmlUtff wtil aot
■.^reo (c vlx-Juslltos jjIild. SCO ;
iTfUsea to occ^ul Ddv^A ju n
DamocnkE. 201!; a raombAr of
the Commlulaa, 220.

P(tlton, W. T,. HRdB tftlesTHms
tu OreffOD, J£B; tt»|vi'ii iflpv
l?mm tram Patrick. 1£1; mon-
llDlml. I!tl ; conref^llon wlih
tba olphor diapcttchefk. ^17-131.

P«nd1&lan. QtmrgB H., dcfoaE^d
l^y Hayes, 1 &.

Plait. Dirn,» coun»1i oAAaiwtnH-
tlon of Hay^ff^ SSl,

PLckotE, John T., ofTtrB vole of
L#ouIflLanA reiumlnc hoard to
Ihxnocratf, 111.

Plerc4>p Eld ward 1^, mnvea

anu^ndm^m to RepuUliftin

plAtform, 2n.
pierce. Henry L.. vlahM lo

throw out the LoulBljiim n-

turn, 2iS.
FLnkntoni Elisa. tostlmony of,

Plnkataiii H^nryi murdered. lOfi;
wft* n EflfllraL 101.

Plaquemlne, fmudft In. 93,

Plan vs. {jonae. 67.

Poppleton. £:arLy r.. tnqulrea
H Aether any o[h«r n-iuma
hnvo been received troat Ver-
mont. S74 ; ruolurlon lntn>-
duced by, STO.

PoBl Trader fraiidi, nunUon^,
39.

Potter. OarkBon N, r-nllt fcr ■

charrman of the InvaKlgntlnv
conunltieo, B0».

Poller Ccmmiliea. cIutitaf on.
306,

Fr€9id&Ktinl Covnla, 4M>mpUed
Euid pitbllph^dr 1S9.

Prohibition Reform Party, con-
vent J on of 3G.

Qf-r, Uatthew R, rooma vith
FL ^ Uockay, 3!.

FUTfctALL, Sarauftl J., a "vtilLlng
aTrtTrsmiin" in 1v»n Exf ana, 96;
olected ftpcaker. 173. mvLilloti-
(Itrntd, i!f] : announ^'^9 mfm-
bera of q Houbq commUtso,
1B|; atand xafnnt (he Parr*
Bltl. ISfl; llnnnon of. IT<,
2T7i Jiiefitlonf^. 3S1.

Ranaom. M. W„ appointed ft
member oC a SenaLr cam mil-
lAfl, 193.

Rtdfleld, £L V„ rirlnlna tlw pur-
pone* of Tha South Carolina
Di^mocralfl, J 3 9.

Ttaecl. Tbomaa B., 9 mifnbAr of
the Po[le:r Commltitr. 100^
inAnrlnnni]. 1!!< : rrou-erniin-
Inr^ TLLd^n. 32 &,

Re Id. John C. erron«OUi si a la-
ment cono^mlnHt i« ; at Plftb
Avvnue Hotel. 4a-&].

Hfld, WhUolan. teatlmanr of r«-
EnrdlnK cipher dltmichaa, IK.

H4-«iLnipEJDn Avt, paned, 1; Al-
titude of Republican convn-
clon toward. SO: oppoililoh «f
cerULin DemocrBla to, S3.

36z

INDKX

RlPhardBOn"'! Sohoiil Houiw Pre-
cinct, allesed fra-uJa tiK. 74-

RicEimond^ IipjKocra.ilc conven-
tJoD at, ifiB.

EbodAfl. liarrlmon, killed by a
riAe cdub, 100,

Rifle clubfl. iftlvUy of In LatuLh-
la-no, !^D: ouIra^Qa by In Qua-
cUiia. 105l lOT; picket ar-
proachPB to UDnroe. 110; &c-
tlvs In Snulh C&rgllnA. 130;
Drdervd to d]Hp»r»a. 143.

nivsm. Pilj»ci:» cumploltil irmde
b9rai¥ afliatnar mprr.hors of a
mllitLe. cumpunj, \Zt i loal-
Ireiktf^ by mob. Tli;.

Robbloa Preclnctn HopubJlcan
rrnudft air 147: [hmwu oui ny
ratuming board, 1^9^

RoblnMfa, Qgwrnor Luclua. In-
KUBural oddraiui of contaloH an
argumtnl wrllitji by TJldcii.
\H.

Ruger, General T. B^. coraman-
d&r of troopi In South Cjito-
Meio. t^i.

5ABBK CLUBS. tfiTDied by South

Carolina DtrniocratD. 130.
fit. Patrick' •§ Hall. DemocraLlc

ICElBlatura at I^ulrrlanjL meet

in. ^94.
Bnlnry OraJi. t : harpt^d on by

[?ii> DmNOcrcLU. iy
Banl'jcim Ccmtrnfit^ 3.
Barp(H[it« AjLTon A., JnLTfHluc«i

ruiolution to «1«4^1 a new prvd-

Idsril Df the SenaL?, 272.
Sr^ell, Au^^Hlua. f^halrman IIl'Iti-

octilUc na.Llonal cDminlltDC,

natlB canvpnilon Co ord^r, SI.
Bchura. Ca.r\ AignQ r^U fi>r a

con^reno^ of indniwiidf^nta.

IB; vrtlBd thfi Addrcod of tho

Confertnce, IC,
Bcati, R. K., cl&cted ^vsmor of

Houlb Cflrollnfl. 126: Cnam-

bflrlaln mfUKOfl lo commluion

BfoCE, Willloni L..P aupporlB Tll-

den, 30,
Bealy4, Pror Julius H.. ntlends

Ftflli Avrnui- ConTerencr, 16;

Dppnafis cfiiinllnff tha voEea of

Loulalatia. 348.
"Sowlnff mm^hina clnnilorfl" aent

□Lit iT] New OrL4^an« In effart

to a^iBCt Ul^gn) rRglatTnUon,

9i.

BbaridBn. uprani pntfip. cbflr-

aotflrixf« Wc|]g as a dlahoneol
man. va : ninn>f thai be wouW
be used :a buUdoae Nevr Torit

Bhorouui, John, a "vlaltlnf
BtatsBmHn" In LouIjJana, >&:
movHi aa InvevU^iaclaD tnto
qIwUoei of ]ST£ in IjouUsDa
aad ArlcunKos. 191: mmbr
(bat be would jsuvplaat ¥^ttj,
1S7 ; dpfendii the IjfiulBlana
decLalcn. ifS ; at Wonalej'
Canfertnc?, Z6V : allpc^d lik
hava fftvon a vrttten promW
cil reward. H2.

ShoTTTiBn, Gen. W. T„ !■ dlrtctryl
to hold troQDB Jn readlneai to
quell dIfllLirbaDcefl, IS.

Simpson, Wlllliua D.^ dwlare4
irlecEed. 1^91.

SirjJtlL. Avory. aup porta Tlldni.
20.

Smith, Qr4.Mfn Clay. noialnatEd
for r»reald?nt by th& Prohl-
biilDnkAtfl, a:^.

Smith, Jnhn. hurlenquo cartlQ-
cnte from Florida ilsn^ 1>T>

SolomoiiH HardyH ftlleeed a«cn(

or Hautli CorclEna rotumlnr

board, 3ln. 3iH.
Sana of LlberEy. kb Knlftits or

llic Oatden Clrelo.
Suuth OLrutlna^ RopubllC-n del-

^fful^H from vot4> far BtaED«,

-4. 1l~OI}pS HFlLl lo, 14 i iJUftp-

tar on ccntest In, 123; Invgall-
eatlnc uumiiillleefl Beat Lo.
173-17*; TiiHitiDnpri, n&; dual
gavernmpn'L In, 13G: coae of
hpfore ConffTpEfl nnd rhff Com-
rnlHalorip 201-^74 ; aottlemenE
In, 387.3SS, ^96-3»i. 301 : men-
tloTiGd, 32 B.

Sijortord, Henry Marlyn, plpada
tor publicity of rotumlnr
board's procft'dinRBn 100.

SprlnHor, William M-. appoint ad
a tiitfiriluT uT li Ruum? commit-
toe. IS^; m^ntlon^d. \*Ji-. con-
Bldt^ra David an tad«peadenL
^01 ; an frraconcl labia, T57:
BltL^mplB to delay the count.
2bj;. S74; wild behavior at
57G.

KteamB, Marcaitua L, tftlecTBpfia
tbnt a train has bc/^n "ku-
kUiiftL"" B4: laauM a prMia-
mallou to prevent Oeor^[ui

INDEX

from TotlriB In Plorldit. (S ;
■dmllted CO bcs^IOiib or FlDrlila
FMumlni t»ard, 6&; volea re-
nlv«] by, 75,

S(«w«rt, a. T., namlnatAd tnt

VIoe-Pre»iaeiit by rrohlblUon-

iMta, 3P.
SltiUBhton, E- W.. A "VlBlllng

pr^kl^Hmiin" In JjOuliitanB, 9^.
fllnilsh[-oJH:rfl, deal re to nomln-

a.if§ a caniUUftiE BjcaLaat Cham-

btrtalnn laa ; are viclorlous,

l^U. 1 3 2.
Stnicilt Judffc William, 1o be a

nsmlwr ur trie EIautuI Cumi-

mtMlaD, ?Lr3 , mv^l9 VlEh olh^-T
Jud1l-'^tLL n]«mlH!Ta. £21,

■un, tJi« Xev York. oppoiflH re-
■orl to vjolonco. 170.

flwayni*. Jutlffa Nqflh TL. raen-

TALLABdasvi, troopi ordBrKl lo.
Turnmany, owoaea TllOvn. Z9.

Tuifflpahoa, sutwrvldora la III row

oui I'DILBh lis,
TtiumtJBUH. FUcli*iri| W.. nomla-

Ttijnnut. Alien Q., defeateil by
Knyei, 1&; apalc^a of tor the
FreslJenllaJ nuijiliiallon, 17 ;
opinion upon pow#T of CotI'
fjvma le liivcmtlsuic ch&ico of
*l«!ior^ ISl; L[i;K>]n[ei] mem-
b«T ot ft Oam[nktv?H tb^; bus-
nsu plan Tof on electoral trl-
buDnU t03 ; lo EkAn^sI in ccrn-
plAtlnff lui oiJtlr*«fl lo uctom-
puny th« ElLH^Uiral ConirrLe-
■luu bill, mi: OcJlHl^Lfl] wllh
En«ctDr«| Cankmlulan bill,
IVI ; ipoalu bi Lu bvlialf. 313 :
a msmber at tb« Commlulan,

wHH KepubllcnnB ot* Hum-
pbrry'A CUM, ^lA; llLncH of,
?S4 . uraiLi dun 10. zHi: 1n>
ccnBLfftcncy of. S3S.
TidAl wavv of 1571, 3. 1^
ndwtfC CIwHh, iMtlftea tliat
H«arr tniUiion wiu a Radl-
c4l. lOT,
Tl]{twi, BDiEJtJ''] J., ft^x-onU cbolor
of C. r. AdiLmB r.if Fraaldant.
17: proiflJii'? E><'iii<i?r*alii nom-
Uiae for Pr«BLii«iiT. •i'\ : nriwr
of, :8-3»; au*c«"Uii tor Pnm-
Idiacy br Utlu «niv«niloii, l« ;

naino prcwntHi ta eonVpnUon,
31^: nomLnaiHl, 31^ how nnm-
Inmlim of voa r4-r*iJv>^d. t€i
Itder or £Lci.-4<pt»ni», iS : dl-
rf.-4?tfi hlfl cumiti^jcn, SB : at-
likclu on hla cbnraclflr and
polLtlcal r«cc»rit, 4^-12 ; rMutti*
Indlculff election [it. «&; Dum-
0(?TUtl4? frffwTurTf in hlarlrln vnle
fon 77 ^ otvutora Empportlnii rc^
wLve rnAjortty Of voIm ciul In
LouIaLflJia. ^4 ; they cail their
vaiL^B Tur, ;ifi; dpr^alAd in
South Carolina, tal ; Demo-
crutlc "(^leCLon" In South
Carolina vot« for. 1&5; Cronln
vutiu fur. 1G&; alLeftrd pint to
cheat blm out of the Pteal-
dfncy. iflSi uncert&lnly rt-
Enrdlnff hla iDtootlona. Ifll ;
seta Tu'lh bis OTVunHnla Id
tha InnuBurpI adtfr<«ia af QoV-
emor ^lobrnsoni 194: dixllDc*
fo approve a ccmpromlne plaji.
1B9-SD<^, mtDtloned. ^OS: reB-
olutlona drawn up by adopted
by t\ie lIoLja4-H tH; not a rcv~

nhiUnntfll. lUb : »ipM*PA eiT d*-
nounclnff the "tfoud." BOl j
vjahea an Invosiljiullaii. ACT,
(.■i:rnnP«tloii witli th« cipher dlB<
PfitcltHS, 320-321, SSB'Ja? i
ta^allh>iii«d, 334. 349,

Times, tlie S'c* York. eipiJKa
Twp«*| Hlns. ?9: nrUrkB Tll-
d«ii. 41; eventa In offlL"? of.
4S-17; i^dllorliU In. 47,

TriAwHT. Tbe Nev YoTk. pub-
llehfs the olphe? dlrpAlcheii
316-}£»,

Trumbull, l-yman, a "vlHlIlnil
ntuLeankan" Ln L^ulaluia, SIE> ;
UtlakB CongrcsB doea ni» lutv«
pov«r lu fo behind ivTuma,

TuckfT, J- R. aa ob^ectar In (h«
Florida PRifl. Ef(; objecu to
rccclvloff ono of the vot«B ol
ULGhlpan. 150,

Tw»a Rlnf. MpoBcd bj T*#
Timti, ii : monitanad, 41,

Twrnly-Second Joljut Ruk. put-
ad. IMO: mentioned. It?. 111.
ai6t denounced i>y UortaO.
]Sf4: fiat rajLdoplod Qy tb«
eetiate. ISI

Tj^er. J&me* U-. «amln«d by
PotlHr Oomiiiltt*^ m.

364

INDBX

UviaH IhAocu* Club, btftOkbnJIt

BrlBlow, 14,
UnJin pnrty, 3.
UUtM. Deinocmilc Blfllo cotitfen-

tlafi nt PuflB«tB Tlld«ii Tvr

V±H BvRDf, Martin, mejitlarwd,
ZS.

Tanemeln vanclH], bomed on by

DHeniocmlB, tt,
Vermuj^L, bosud c«rtlflcnie tratn.

a74-2T9.
Vemon, rwum* froro f&lflinbd.

llfl,
Virginia, attempt In jnakfl oh-

jFVltand fo one of the vaten at.

279.
V I al ElriR ff T n f ea^TLpn. lou m py

Southwatd. GG; In Plorldd, 6& ;

In rj:mjRiA.na, Sfi.
VoorL^ea, D&nlel, stgna minority

rHpun nt Si. IjquIsl :iJ-

Waluci* Lew. A 'VUltliw
■tftl«nnuk" In FIot1[1b„ ti i al-
lr<«d Dromlatn made tti McUn.
aiD.

"Wflllaw. Wlltlam A-. prpsenta
on abJecElon to oonnlLns The
vulea or Luultkinap 244 ;
Bi»OHh OTL tha LoulHlana deck-

cLudAd from n propoflcd tri-
tiunnL ror counttnE th« votpp.
107; admlnlBtcra tJio oath lo
HArns, ZS7.

^d.llc4r, JumQii B.. nomlnalod for
PrcHldtrl by American Nb-
tlcnalo. 30,

Warmotli, H. C„ eletled govern-
or of LouialanB, B4 ; goae over
to D<.<mucraLB, fiA.

Wnahlnernn. trtiDps ordered to.
173; HowJtt 1s9iii^A stalP-mcnC
nT. IKS^ WntTt^mnn npeakH In
a Democratic mootlr^ff nt. 10&^
Har^fi rpjirhc4i. 2iG : Soutli
CnroUnn ctnlmaDla vlsU. ^M;
Poller Com ml UK ewmlneB
wttni^fiaiva Ln^ IS3.

WaHliLiiKlon. George, procedent
rHiaLlLahud by re^iLTdlns Iblnl
[eriitp Jl-

Wattcr«an, Honrj'. ieiaE>or&rT
chainaan DcmacrAtlc DAtloaaJ
DonroAtloa, Jl; "rlaltJnj

Btatesnas" In l^ulitana. BS:
talks of a hundred iboucaAd
KenlucttLanB. 19c : i(ii««9i of
on Louisiana di'ffLBlon, Si7 '. at
Wormlay Conrerenw. Zas :
lold to bring on hli bupdrcd
Chougandt Z»2.

Wallfl. JafiTi W. fnA]lg]le to be
ctiQAen ati clcdov. 1S7 : n-
oelven A mnjorliy of volei,
i&£; dect&iwl ItiellglbLe by
Graver, la^; prpspm at me^U
irig af Ihe electoral college and
FMlim*, 184; n-iipixilnled and
vaEcB far Kayeo^ 1C£ ; quosrlon
i>t bU mcumbency, 2^1-2^3:
quavEloq af bli roaJgnatlan.
2&I ; decision of CommliuEUTi
T-cEttFiJlngH 2it- mtnlioiwd,
239,

Weber. K, T^. cuvtodlan at ft]-
leged Shermon leiter, 312.

WtfM. Srnlili M.. privafely cdh-
cede« RepubUcan victory in
Sotith Cnrollna, I A£ ; oonnec-
tlon wUh tho cipher dlapatcl)'

U'hA^ CBHjrt/utien, the Uon-
Llceilci, rbAuEnfluiiH In noncvni-
Irg emplayiDcnl of Bepubtl-
canst 90.

W&llK. Dbvid A_. att&ndfl Plftli
Avenue Ci^nTDrenve, IG^

WE^tla, J. Undlgon, prcnldonl or
Loub[nna ret u mini; tmard.
flK; opInUih on vaoinfry Iti f«-
(uinlns board. 101 ; "In the
markt't/' til: ofTprn tci count
If lH-moor£ilc alatf tlckot for
t2«u.i)[F4>, HJ£: mentioned, 171.

VfvKX. Senator J, R. rtcelvea let-
ter from Wella, III,

WeHlern Unlorj Telegraph Com-
pany, da^lven dl^patchaA to
CungreaHlDiial commlUe«fl. 3t&,

Wait l-^llrtsrin, a *'s«l«>1^"
parlnti, If ip ^ voiv la, US; men-
ElonM, nn.

West Virginia, BOtv Dciuocntlc,
Al.

WhMlcr. Wmiom A.. nomlnnleJ
for V(<?o- President by Iiepubir
rantp 2E : Florida ctpctora CJUi
[beir voiei for, TA: irkHinbar or
& Con^n>aHlan[L] [nvt^il^atlag
commllt«a 99; Lgu1«laiia fllvc-

^^^ Both vMf for, IH : BoaTh Caro-
lina elpciors voiG ror. ifi5 ;
I Orr>son r^locti'm vole lor, I6S;

LciJL>4:ana volea counted tar.
I-lO; doflared cLeclt-d. 2&2.

Whlppor, W. Jr. olt>ct«d a clr-
cnH Jud^ bul La r^fixaod a
comiiilflnloji. I-H.

Whkiel^. William O., nomLnaToH
Bayurd. 31,

WhiTf> CflniDila. flctlv« In I^ulit-

Wtilfi? i^Piignp. liprisinff nf. flfi-

fiT ; TDQinberB of arlEe public

iHilltllnj". aai.
While. Horin-i>, nlnnfl cnll Mr

conference of linJ*'i>ffi]sleiils^ l'>.
Whho, JudsB p. w„ decldM In

Tavor of Democratic oleccuns

In Florida, 79.
Wfilil^more. B, R, attempUi to

p r p V f n I renomlnallon or

Clmrnb^.^rlaln* 135,
WLIliLrd. Jiidff« A J.. nnnptafA

JufltlL'p In Soulh Carolina. US;

nrTEmi In Nnrrln ciK*e. ?9:£,
WIllHfd, Geofffe. flppoln(ed b

mnrnttfr at n Hotiae connnU-

WtlltARis. AhrBm. wiilppwl, n>».
WlUlp-ma. Char|p« G, rsplie* lo

Bliu^Dum. 2E0.
WlUliirTu, JnmpB D-. aomlnates

Handrlclu. 33,

tNDSX

365

Wills, Loiiln A.J romlnnteil for

Liwirpnnnt-^uprnoT or l^iulnt-
4iin, K7 , di.'i:l[i.red rlfctutl bj-

Wlsconflljk, ■jbJprllonB to recflv-
InK eleclomE votes of in 1ST7.
379.

W^oud. F«rnando» wlBlicd lo Im-
pi'ACh Gi-anl. 17£ ; opposos fit-
Iliumerliw, 374; denoijncfsl as
thg "h[gh prl^Bt fit [b« Re-
pulitlc-an [wrtj," £80.

Woodford, Stewnrt L., tnndl-
diil« fr^L- VJi:e-Pr««Idanll4l
nomination, 2Fi.

WoodvQFtJi. l^urln D*, quoted.

Wooley. C. W., A "TlHlHnif
BlatnuLan" In FluHdfl. Rb .
«>nn4vtlDn tvKh Ihc clr^i^r dlH-
p&lchca, A17, 315.

WiyQ\»e-y. Thtadorv* fllsna a call
ror conf&rencc o( Indflpen-

U^*r/J. the Nrv York. IncH-
dlnry Ntatenipnui, ISV; advlH-
e4 ImpniLchmfliil of Grsnf, J7E>.

Wormloy ConCorcnco, Sfift; men-

[Kiuea :77,
Wrlg-hl. Judge X J., aAtHflAte

juKll« iTi savth CamiaiL. 140;

action Ld NorrU cam, 1V3,

204 5*"''

imfiffiii

3 bLOS 02^ tO'l t>7M

STANFORD UNIVERSITY LIBRARIES

STANFORD AU^CILIARV LIBRARY

STANFORD, CALIFORNIA 94305-6004

(6501 723-9201

^olcfrc^^ulmoiLAranFord-edu

All books ore Kub^oct lo fecolt,

DATE DUE

JUL ^\'^

Internet Archive Audio

Featured

Top

Images

Featured

Top

Software

Featured

Top

Books

Featured

Top

Video

Featured

Top

Mobile Apps

Browser Extensions

Archive-It Subscription

Save Page Now

Full text of "The Hayes-Tilden disputed presidential election of 1876"

See other formats