A Political History of the State of New York, Volumes 1-3

by De Alva Stanwood Alexander

The campaign, although a prolonged and intensely exciting one, developed no striking incidents. Democratic orators repeated Marble's rhetorical arraignment of the Republican party, and the Democratic press iterated and reiterated its symmetrical, burning sentences. Marble's platform, besides being the most vitriolic, had the distinction of being the longest in the history of national conventions. Copies of it printed in half a dozen languages seemed to spring up as plentifully as weeds in a wheatfield. Every cross-roads in the State became a centre for its distribution. It pilloried Grant's administration, giving in chronological order a list of his unwise acts, the names and sins of his unfaithful appointees, and a series of reasons why Tilden, the Reformer, could alone restore the Republic to its pristine purity. It was a dangerous document because history substantially affirmed its statement of facts, while the rhythm of its periods and the attractiveness of its typography invited the reader.[763]

Conkling, because of ill-health, limited his activity in the canvass to one address.[764] It was calmer than usual, but it shone with sparkles of sarcasm and bristled with covert allusions readily understood. It was noticeable, too, that he made no reference to Hayes or to Wheeler. Nevertheless, party associates from whom he had radically differed pronounced it a model of partisan oratory and the most conclusive review of the political situation. He admitted the corruption indicated by Marble, attributing it chiefly to the war which incited speculative passion in all the activities of life, its ill consequences not being confined exclusively to public affairs. In contrasting the management of the two parties, he disclosed under Buchanan a loss on each thousand dollars collected and disbursed of six dollars and ninety-eight cents against forty cents during Grant's first term and twenty-six cents during the three years of his second, while current expenses under Buchanan amounted to one dollar and ninety cents per capita to one dollar and seventy cents under Grant. In ten years, he added, $800,000,000 of the debt had been paid, nearly $50,000,000 of interest saved yearly, and the taxes reduced $262,000,000 per annum.

Of civil service reform Conkling said nothing. He made a clear, sharp issue on the resumption of specie payment, however, showing that the demand for a repeal of the Act's most important feature was a bid for the votes of soft-money advocates. The Southern question assumed even greater importance. Tilden depended for success upon the Southern States plus New York, New Jersey, and Connecticut. This was Dorsheimer's argument, put with characteristic grace and force at St. Louis. The North had cause to fear, it was argued, if a solid South, strengthened by States controlled by the great majorities in and about New York City, could elect a President. The charge that Tilden intended indemnifying the South and assuming the Confederate debt increased the anxiety. Conkling's reference to the repayment of direct taxes, the refund of the cotton tax, and the liquidation of Southern claims mounted so high into the hundreds of millions that Tilden deemed it prudent to issue a letter pledging an enforcement of the Constitutional Amendments and resistance to such monetary demands.

Personal criticism of Tilden exploited his war record, his reputation as a railroad wrecker, and his evasion of the income tax.[765] The accusation of "railroad wrecking" was scarcely sustained, but his income tax was destined to bring him trouble. Nast kept his pencil busy. One cartoon, displaying Tilden emptying a large barrel of greenbacks into the ballot box, summed up the issues as follows: "The shot-gun policy South, the barrel policy North;" "The solid South and the solid Tammany;" "Tilden's war record—defeating the tax collector." George William Curtis asserted that the Democrats of South Carolina meant to carry the State for Tilden by means of "the shot gun," declaring that "Jefferson Davis and the secessionists merely endeavoured to enforce with bayonets the doctrines of Mr. Tilden."[766]

Tilden displayed a stoical indifference to these personal attacks. He made no speeches, he rarely exhibited himself to the public, and he kept his own counsels. His adroit, mysterious movements recalled the methods but not the conceit of Aaron Burr. Although Abram S. Hewitt, chairman of the Democratic National Committee, managed the campaign with skill, Tilden relied largely upon his own shrewdness, displacing old leaders for new ones, and making it clear to the country that he ranked with Martin Van Buren as a great political manager. As he swept onward like a conquering Marlborough, inspiring his party with confidence and his opponents with fear, events favoured his designs. The Belknap exposures, the Whiskey ring suits, the Babcock trial, alarming and disgusting the country, inclined public opinion toward a change which was expressed in the word "reform." A combination of propitious circumstances within the State, in nowise indebted to his sagacity or assistance, also increased his strength. The collapse of the Tweed and Canal rings justly gave him great prestige, but no reason existed why the extinguishment of the State war debt and the limitations of canal expenditures to canal revenues should add to his laurels, for the canal amendment to the Constitution was passed and the payment of the war debt practically accomplished before he took office. Nevertheless, the resulting decrease of the State budget by nearly one-half, being coincident with his term of office, added prodigiously to his fame.[767] Indeed, he seemed to be the darling of Fortune, and on November 7, exactly according to his calculation, he carried New York,[768] New Jersey, Connecticut, and Indiana. But Republicans claimed South Carolina, Florida, and Louisiana.

In the historic dispute which led to a division of the solid South, partisan papers revelled in threats, and rumours indicated danger of mob violence. To prevent fraud prominent citizens in the North, appointed to represent each political party, watched the canvassing boards in the three disputed States, and although it subsequently developed that distinguished New Yorkers resorted to bribery,[769] the legal canvassing boards finally certified the electoral votes to Hayes and Wheeler. On December 6 the official count in all the States gave Hayes 185 votes and Tilden 184. The Democrats, deeply disturbed by the action of the Returning Boards, now displayed a temper that resembled the spirit preceding the civil war. Threats were openly made that Hayes should never be inaugurated. The Louisville Courier Journal announced that "if they (our people) will rise in their might, and will send 100,000 petitioners to Washington to present their memorial in person, there will be no usurpation and no civil war."[770] A prominent ex-Confederate in Congress talked of 145,000 well disciplined Southern troops who were ready to fight.[771] Because the President prudently strengthened the military forces about Washington he was charged with the design of installing Hayes with the aid of the army.

On the other hand, Republicans believed Tilden endeavoured to buy the presidency. Although nothing was then known of Marble's and Weed's efforts to tamper with the canvassing boards of South Carolina and Florida, the disposition to "steal" a vote in Oregon, which clearly belonged to Hayes, deprived Tilden's cause of its moral weight. Indeed, so strongly did sentiment run against him that the Nation "lost nearly three thousand subscribers for refusing to believe that Mr. Hayes could honourably accept the presidency."[772]

When Congress opened the Democrats, being in control of the House, desired to continue the joint rule of February, 1865, directing that "no electoral vote objected to shall be counted except by the concurrent votes of the two Houses." This would elect Tilden. On the other hand, the Republicans, holding that the joint rule expired with the Congress adopting it, insisted that, inasmuch as the canvass by Congress at all previous elections had been confined exclusively to opening the certificates of each State, sent to Washington under the official seal of the respective governors, the Vice-President should open and count the electoral votes and declare the result, the members of the two Houses acting simply as witnesses. This would elect Hayes. To many and especially to President Grant this controversy seemed full of danger, to avert which if possible Congress adopted a resolution providing for a committee of fourteen, equally divided between the Senate and House, "to report without delay such a measure as may in their judgment be best calculated to accomplish the desired end."[773] On January 18 (1877) this committee reported a bill providing that where two or more returns had been received from a State such returns should be referred to an Electoral Commission composed of five senators, five members of the House, and five justices of the Supreme Court, who should decide any question submitted to it touching the return from any State, and that such decision should stand unless rejected by the concurrent votes of the two Houses. By tacit agreement the Senate was to name three Republicans and two Democrats, and the House three Democrats and two Republicans, while the Bill itself appointed Justices Clifford, Miller, Field, and Strong, a majority of whom were authorised to select a fifth justice.[774]

When doubt as to the three Southern States precipitated itself into the result of the election, Tilden exhibited characteristic diligence and secrecy. He avoided public statements, but he scrutinised the returns with the acumen exhibited in securing the Tweed evidence, and left no flaw unchallenged in the title of his opponent. After the action of the canvassing boards he contended that the joint rule of 1865 must govern, and in the study of the subject he devoted more than a month to the preparation of a complete history of electoral counts, showing it to have been the unbroken usage for Congress and not the President of the Senate to count the vote.[775] Moreover, early in the session of Congress he prepared two resolutions which raised the issue, and urged his friends in the leadership of the House to take no further step until the great constitutional battle had been fought along that line, assuring them of his readiness to accept all the responsibility of the outcome. To appraise the country of the strength of this position he also prepared an extended brief which Governor Robinson incorporated as a part of his inaugural message on January 1, 1877.[776]

Tilden first learned of the proposed Electoral Commission Bill on January 14. Abram S. Hewitt brought the information, saying that Bayard and Thurman of the Senate, being absolutely committed to it, would concur in reporting it whatever Tilden's action.[777] Tilden, resenting the secrecy of its preparation as unwise and essentially undemocratic, declined to give it his approval.[778] In his later telegrams to Hewitt he expressed the belief that "We should stand on the Constitution and the settled practice;" that "the other side, having no way but by usurpation, will have greater troubles than we, unless relieved by some agreement;" that "the only way of getting accessions in the Senate is by the House standing firm;" that "we are over-pressed by exaggerated fears;" and that "no information is here which could justify an abandonment of the Constitution and practice of the government, and of the rights of the two Houses and of the people." To his friends who urged that time pressed, he exclaimed: "There is time enough. It is a month before the count." Representations of the danger of a collision with the Executive met his scorn. "It is a panic of pacificators," he said. "Why surrender before the battle for fear of having to surrender after the battle?"[779]