The members of the Electoral Commission were selected either as representatives of their party, or men considered the embodiment of honor and justice. The Commission consisted of five Senators, five Judges of the Supreme Court, and five Representatives from the Lower House of Congress. The attorneys were the leading lawyers of each party. The Cabinet, leading Senators, Congressmen, foreign Ministers, and distinguished people from all portions of the country, were present. The wit, the beauty, the writers, the wisdom of the country assembled in this room to weigh the arguments, and at last to hear the decision that Rutherford B. Hayes was rightfully to be the President of the United States.
This tribunal, and the wise patriotism of Mr. Tilden and his party, saved the country from a bloody civil war.
XI
INCIDENTS CONCERNING MEMBERS OF THE
SUPREME COURT OF THE UNITED STATES
The Chief Justice of the United States is the highest legal officer in this country.
The position has always been filled by men of great learning and of high integrity, and, differ as we may concerning the wisdom and justice of some Supreme Court decisions, yet we must believe the judges were sincere and honest in their renditions.
When the country loses confidence in the integrity of this court, the very foundation of our government will be in danger.
The first Chief Justice was John Jay, appointed September 26, 1789. He soon resigned to accept the position of Envoy Extraordinary to England, where, after the Revolutionary War, the adjustment of our affairs demanded a person of great learning and skill. The country was fortunate in having John Adams, John Jay, and, later, John Quincy Adams as its representatives in this delicate and important service.
John Rutledge, of South Carolina, was a later appointment to the Chief Justiceship, but the Senate refused to confirm the nomination. Then William Cushing, of Massachusetts, one of the Associate Justices, was nominated and confirmed, but declined to serve. Oliver Ellsworth, of Connecticut, was then appointed, and was confirmed by the Senate March 4, 1796. He served till 1799, when he resigned to go as the Special Envoy and the Minister to England.
John Jay was again nominated and confirmed by the Senate, but refused to serve. John Marshall, of Virginia, was appointed Chief Justice by President John Adams in 1801. He died in 1835. His term and that of Chief Justice Taney cover over sixty important years in the history of our government.