“THE OREGON MUDDLE”

A CURIOUS PHASE OF THE HAYES-TILDEN CONTROVERSY

BY VICTOR ROSEWATER

Editor of “The Omaha Daily Bee”

I HAVE been intensely interested in the articles appearing in THE CENTURY for May and June upon the Presidential election of 1876. While I could have no part in, nor recollection of, that controversy, acquaintance with two of the prominent figures in it some time ago led me to look into one phase of the question, and the facts concerning it brought out by the congressional investigation, which seem to me to bear vitally upon this discussion, though they have been entirely ignored. I refer to what was known as “the Oregon muddle,” being the attempt of the Democrats to secure one of the electoral votes of Oregon for Tilden, who had plainly no moral right to it.

At the November election the lowest vote polled by a Republican Presidential elector in Oregon was 15,206, while the highest vote polled by a Democratic elector was only 14,157. After the returns were in, and it was discovered that the electoral college was to be so close that one or two votes might turn it one way or another, the Democrats ascertained that one of the Republican electors in Oregon was a deputy postmaster, and they at once set up the claim that he was ineligible, and that, as a consequence, the Democrat receiving the highest vote was entitled to serve.

At that time Oregon was under Democratic control, had a Democratic governor, Democratic state officers, and one of the United States senators was a Democrat high in the national councils. Before he realized what was at stake, E. A. Cronin, the high man on the Democratic ticket, had announced publicly that he admitted his defeat, and that he would not serve even if he were declared to be elected and offered a certificate, something to that effect having been rumored as coming from the Democratic state officials.

It was at this point that the managers of the Tilden campaign in New York came to the conclusion that something had to be done and done at once. A telegram was sent to Dr. George L. Miller at Omaha, then a member of the Democratic national committee and editor of the Omaha “Herald,” requesting him to proceed at once to Portland and get in touch with the party representatives there. Dr. Miller, it seemed, had already acted on his own account, and had despatched in his stead a close, personal friend, and active Democrat, J. N. H. Patrick, also of Omaha, who had mining interests in Utah, and who was acquainted in the far West.

According to the testimony adduced in the congressional investigation, which embodies as documentary evidence copies of all the telegraphic messages that passed to and fro in connection with the case, Patrick reached Portland in the latter part of November, and immediately called upon C. B. Bellinger, the chairman of the Democratic state committee for Oregon. According to Bellinger, Patrick informed him who he was and the object of his visit, and, as a result of the conference, promised to secure $10,000 to be placed at his disposal to pay the expenses of the contest. Cronin was sent for, and introduced to Patrick, who told him how important it was for him to serve, and intimated that if his vote should make Mr. Tilden President, he would be able to get about anything he wanted from Mr. Tilden. Three thousand dollars of the money transmitted to Oregon through Patrick’s agency was used to retain a firm of Republican lawyers to argue before the governor the question of issuing the certificate to Cronin, the selection of the particular firm, however, being guided by the fact that the senior partner was also the editor of the Portland “Oregonian,” with the hope that it would be induced “not to be too severe in criticizing” the Democratic machinations.

Mr. Patrick evidently communicated with the governor at some time, because he telegraphed to Mr. Tilden, under date of December 1, a cipher translation of the following message:

December 1, 1876.

To Hon. Sam. J. Tilden,

15 Gramercy Park, New York City.

I shall decide every point in the case of post-office elector in favor of the highest Democratic elector, and grant certificate accordingly on the morning of the sixth inst. Confidential.

GOVERNOR.

In the investigation Governor Grover denied having sent this telegram or ever having seen it, but the fact stared every one in the face that just six days later Governor Grover did exactly what the telegram said he would do. The telegram was in the handwriting of Mr. Patrick.

The other message upon which great stress was laid is reproduced in facsimile in the official report, and reads as follows:

Portland, November 28, 1876.

To W. T. Pelton,

15 Gramercy Park, New York City.

By Vizier association innocuous to negligence cunning minutely previously readmit doltish to purchase afar act with cunning afar sacristy unweighed afar pointer tigress cuttle superannuated syllabus dilatoriness misapprehension contraband Kountze bisulcous top usher spiniferous answer.

J. N. H. PATRICK.

I fully endorse this.

JAMES K. KELLY.

The explanation of this conglomeration of words is perhaps best had by quoting directly from the congressional report:

It appears from the testimony of Alfred B. Hinman of Detroit, Michigan, that in 1874, he, Hinman, made the acquaintance of J. N. H. Patrick at Salt Lake City; that he there entered into business relations with him in connection with mining interests in Utah; that at the time Mr. Patrick gave him a small dictionary entitled “The Household English Dictionary, London. T. Nelson & Sons, Pater Noster Row, Edinburgh and New York, 1872,” to be used by them as cipher in their business dispatches. That this dictionary, which was produced by the witness, Hinman, had two columns of words on each page; that the key to this cipher as used by Patrick and the witness, Hinman, was as follows: In sending a dispatch the first word of which in translation would, for instance be “every,” the word directly opposite this in the next column would be taken as the cipher; and so on through the whole dispatch.

It was, however, shown that the cipher-despatches in this case could not be translated from the dictionary by adopting the key of taking the corresponding word on the opposite column, but in every instance they could be translated from the dictionary by taking the corresponding word in the columns eight columns ahead. It further appeared from the testimony, and no attempt was made to impeach it, or the translation made in this way, or to contradict the claim that all these cipher-despatches were sent by this dictionary or its duplicate in accordance with the key as above stated,—and, besides, Pelton, Kelly, Bellinger, and Miller all testified that the despatches were made up from a dictionary cipher,—that the translation of the despatch just quoted is as follows:

Portland, November 28, 1876.

To W. T. Pelton,

15 Gramercy Park, New York City.

Certificate will be issued to one democrat. Must purchase a republican elector to recognize and act with democrats and secure the vote and prevent trouble. Deposit $10,000 to my credit with Kountze Brothers, Wall street. Answer.

J. N. H. PATRICK.

I fully endorse this.

JAMES K. KELLY.

Mr. Patrick, after having concluded his arrangements with the local representatives of the party in Oregon, and having provided the money necessary for them to carry out the agreed plan, seems to have dropped out of the negotiations.

Governor Grover, as promised, decided the contest against the Republican elector, and in conjunction with the secretary of state had the certificate of election made out for the two uncontested Republicans and Cronin, the Democrat. These certificates were made out in triplicate, and were all delivered to Cronin, copies being refused the Republican electors. When the time came for the electoral college to meet and vote, the three Republicans got together, the contested member, Watts, having in the interval resigned his post-office position, and, after declaring the vacancy, reappointed Watts, who was then eligible to serve as elector, the three casting the vote for Rutherford B. Hayes.

Cronin and the crowd of Democrats who had assembled simultaneously moved over to the other end of the room, and under pretense that the Republicans refused to act with him, Cronin called in another Democrat, a man named Miller, and went through the form of appointing him to fill a vacancy, the two together following this up by appointing a third Democrat, Parker, to fill up the college, although neither of these two were candidates or were voted for at the election.

The three Democrats thereupon formally organized and proceeded to cast a ballot giving two votes to Rutherford B. Hayes, and one to Samuel J. Tilden. They made up the forms certifying to these facts, and appointed Cronin to carry the documents to Washington.

The disinterestedness of Cronin was further evinced by the fact that, although he was entitled to draw mileage and expenses as messenger, he refused to go until he was paid $3000 in gold by the Democratic campaign managers to reimburse him for his time and expenses, the money being part of that supplied from the national committee at New York under the arrangements made by Mr. Patrick.

“The Oregon muddle” furnished one of the disputed points passed upon by the electoral commission, and the three votes of Oregon were finally recorded for the Republican candidate who was later installed as President.

Mr. J. N. H. Patrick died here about eight years ago. Dr. George L. Miller is still alive, but his now failing mind will prevent him throwing further light on the subject. The point which, in my judgment, ought to be emphasized, is that if the Democrats in charge of Mr. Tilden’s political fortunes at that time believed that he had carried, and was entitled to, the votes of Florida and Louisiana, they would not have set so high a value upon, or have gone to so questionable lengths to obtain, this lone electoral vote in Oregon; nor have they accused the Republicans of doing anything reprehensible on behalf of Hayes which by the record was not matched by their performance in Oregon.

Color-Tone, engraved for THE CENTURY by H. Davidson

LOUISE

FROM THE TINTED MARBLE BUST BY EVELYN BEATRICE LONGMAN

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