The Facts of Reconstruction

by John Roy Lynch

At this point the game of chance turned in favor of the Republicans. It was generally understood that Justice David Davis, of Illinois, would be the fifth Justice to be placed on the commission. He was said to be an Independent,—the only member of the Supreme Court that could be thus classed politically. But, in point of fact, he was more of a Democrat than an Independent. Had he been made a member of the commission it is more than probable that Mr. Tilden, and not Mr. Hayes, would have been made President. The Legislature of Illinois was at that time engaged in an effort to elect a United States Senator. The Legislature was composed of about an equal number of Republicans and Democrats,—three Independents holding the balance of power. The Independents at length presented the name of Justice David Davis as their choice for Senator. In order to make sure of the defeat of a Republican, the Democrats joined the Independents in the support of Justice Davis, which resulted in his election. This took place only a few days before the time appointed for the selection of the commissioners.

As soon as it was announced that Justice Davis had been elected to the Senate the Republican leaders in Congress insisted that he was no longer eligible to a seat on the Electoral Commission. This was at first strongly combated by the Democrats, who contended that the Justice was only a Senator-elect, and that he did not cease to be a member of the Court until he tendered his resignation as such; this he was neither required nor expected to do until shortly before the beginning of his term as a Senator. But the Republicans pressed their objections so strongly that the Democrats were induced to yield the point, and Justice Bradley was selected as the fifth Justice. Next to Davis, Bradley came as near being an Independent as any member of the Court. Although he had been appointed as a Republican by President Grant,—as had Justice Davis by President Lincoln,—yet he had rendered several decisions which gave the Democrats hope that he might give the deciding vote in their favor and thus make Mr. Tilden President. In this they were disappointed; for it turned out that the substitution of Bradley for Davis made Hayes President of the United States. It would, perhaps, be unfair to say that the decisions of the commission were rendered regardless of the evidence, the law, and the arguments, yet it so happened that every important point was decided by a strict party vote,—eight to seven.

In this connection it will not be out of place to refer to a scene that was created on the Democratic side of the House by Hon. Ben. Hill, of Georgia. Mr. Hill entered the House one afternoon, having just returned from the Supreme Court Chamber, where the commission was in session. He remarked to one of his colleagues in a low tone that he had just returned from where the sessions of the commission were being held, and that while there the important and valuable information had been imparted to him that on a most vital point the Democrats could with absolute certainty depend upon the vote of Mr. Justice Bradley.

"Can that be possible?" exclaimed his excited and highly elated colleague.

"Yes," replied Mr. Hill, "there can be no doubt about it. I know whereof I speak. It came to me through a source that cannot be questioned."

"Then wait until I can call several of our friends," replied his colleague, "I want them to hear the good news at the same time it is heard by me, so that we can rejoice together."

Mr. Hill was soon surrounded by an eager, excited, and interested group of anxious Democratic members. "We are now ready," said his delighted colleague, whose face was covered with a smile of satisfaction, "to hear the good news."

"Well," replied Mr. Hill, whose manner was grave and whose countenance gave every evidence of deep emotion, "whenever a motion to adjourn is made by a Democratic member of the commission we can safely depend upon the vote of Mr. Justice Bradley being cast in the affirmative."

The heads of the anxious group immediately fell in deep disappointment and despair. But, of course, they did not fail to see the irony of Mr. Hill's remark. It did transpire that whenever a motion to adjourn was made by a Democratic member of the commission it was usually carried by a vote of eight to seven,—Mr. Justice Bradley voting in the affirmative with the Democrats. On no other question, however, could they depend on his vote.

The decision of the Electoral Commission was finally rendered in favor of Mr. Hayes by a strict party vote,—eight to seven. Strong and bitter opposition to the approval of the decision was made in the House by quite a number of northern Democrats, but the majority of southern Democrats, aided by such northern Democrats as represented districts having large commercial interests,—interests that are at all times willing to pay any price for peace,—accepted the decision, and Mr. Hayes was allowed to be peacefully inaugurated.