Under the regulations of the proposed bill it was agreed that "no electoral vote or votes from any State from which but one return has been received shall be rejected, except by the affirmative vote of the two Houses," in this respect reversing the joint rule of 1865. Where more than one return had been received a reference to an Electoral Commission was provided--the Commission to be composed of five members of the Senate, five members of the House and five justices of the Supreme Court of the United States. When the Electoral Commission should decide any question submitted to it, touching the return from any State, the bill declared that the decision should stand, unless rejected by the concurrent votes of the two Houses. Every member of the Senate and House committees, with the exception of Senator Morton of Indiana, joined in the report. After an elaborate and very able debate the bill was pa.s.sed in the Senate on the 24th of January by _ayes_ 47, _noes_ 17. Two days later it pa.s.sed the House by a large majority, _ayes_ 194, _noes_ 86.

The mode prescribed in this act for selecting the members of the Electoral Commission was by _viva voce_ vote in the Senate and in the House,--it being tacitly agreed that the Senate should appoint three Republicans and two Democrats,--each political party in caucus selecting its own men. In regard to the Commissioners to be taken from the Supreme Bench, it was ordered that the "Justices a.s.signed to the First, Third, Eighth, and Ninth circuits shall select, in such manner as a majority of them may deem fit, another a.s.sociate Justice of the said Court; which five persons shall be members of such Commission." The four Justices thus absolutely appointed were Nathan Clifford, Samuel F. Miller, Stephen J. Field, and William Strong. From the hour when the Electoral Bill was reported to the Senate the a.s.sumption was general that the fifth Justice selected for the Commission would be David Davis. It was currently believed that Mr.

Abram S. Hewitt had given the a.s.surance or at least strong intimation that Judge Davis would be selected, as one of the arguments to induce Mr. Tilden to support the Electoral Bill.

Originally a Republican, Judge Davis had for some years affiliated with the Democratic party, and had in the late election preferred Mr. Tilden to Mr. Hayes. Without any imputation of improper motives there can hardly be a doubt that the Democrats, in their almost unanimous support of the Electoral Bill, believed that Judge Davis would be selected, and by parity of reasoning the large Republican opposition to the bill might be attributed to the same cause. But an unlooked-for event disturbed all calculations and expectations. On the 26th of January the House was to vote on the Electoral Bill, and a large majority of the members were committed to its support. To the complete surprise of both parties it happened that Judge Davis was elected senator from Illinois on the preceding afternoon, January 25th. Chosen by the Democratic members of the Legislature, reckoned as a Democratic senator elect, there was an obvious impropriety, which Judge Davis saw as quickly as others, in his being selected; and the four judges unanimously agreed upon Joseph P. Bradley as the fifth judicial member of the Commission.(2)

The Electoral Commission was organized on the thirty-first day of January, 1877. Eminent counsel were in attendance on both sides,(3) and the hearing proceeded with regularity.

The case of Florida was the first adjudicated before the Commission, and the electors supporting Hayes and Wheeler were declared to have been regularly chosen. Only eight of the Commission certified the result--Justices Miller, Strong, and Bradley, Senators Edmunds, Morton, and Frelinghuysen, Representatives Garfield and h.o.a.r--the eight Republicans. It was confirmed by the Senate by a vote of 44 to 24.

The House voted against confirming it; but, according to the Electoral law, the decision of the Commission could not be set aside unless both Houses united in an adverse vote. The cases of the two other States, Louisiana and South Carolina, were in like manner decided in favor of the Republican electors.

The complication in Oregon was next decided. As soon as Mr. Tilden's campaign managers began to fear that the electoral votes of the three Southern States might be given to Hayes and Wheeler, they turned their attention to securing an electoral vote elsewhere for Tilden and Hendricks. The plan devised was to find in some Northern State (with a Democratic Governor) an elector who might be disqualified under some technical disability. Oregon seemed to furnish the desired conditions.

One of the Republican electors, John W. Watts, was postmaster in a small office, and was therefore declared to be ineligible; and Governor Grover gave the certificate to E. A. Cronin, who had received 1,049 fewer votes than Watts, but who had the largest number of the three Democratic candidates for electors. On the 6th of December, the day appointed for the meeting of the Electors, the two Republican Electors to whom Governor Grover had given certificates (W. H. Odell and J. C.

Cartwright) refused to meet with Cronin or recognize him in any way; whereupon the officially certified list of votes and certificates of election were, by Governor Grover's order, delivered to Cronin and withheld from the Electors legally chosen by the voters of the State.

The two Electors who had received certificates of their election then obtained a certified copy of the returns, met and elected Watts to fill the vacancy, and then proceeded to cast three votes for Hayes.

Cronin thereupon immediately elected to fill the vacancies, two men who had not been voted for at all by the people, organized a fraudulent Electoral College, and went through the farce of casting his own vote for Tilden, while his two confederates (J. N. T. Miller and John Parker) voted for Hayes. The extraordinary and illegal action of Governor Grover had been urged through telegrams by Mr. Abram S.

Hewitt, Chairman of the Democratic National Committee and by Mr. Manton Marble, a close personal friend of Mr. Tilden. The Electoral Commission summarily condemned the fraudulent proceedings and gave the three Electoral votes of Oregon to Hayes and Wheeler. The Democratic members of the Commission united with the Republicans in rejecting the fact.i.tious votes cast by the men a.s.sociated with Cronin, but at the same time they voted to deprive Hayes of Watts' vote and to give the vote of Cronin to Tilden.

The proceedings in the Commission and in Congress were not closed until the second day of March (1877). Meanwhile the capital and indeed the country, were filled with sensational and distracting rumors: First, that the Democratic majority in the House would "filibuster" and destroy the count; second, that they had agreed not to "filibuster" by reason of some arrangement made with Mr. Hayes in regard to future policies in the South. Every mischievous report was spread; and for five weeks the country was kept in a state of uneasiness and alarm, not knowing what a day might bring forth. But in the end the work of the Commission was confirmed; and Mr. Hayes was declared to have been elected by the precise vote which Mr. Chandler, on behalf of the Republican National Committee, claimed the day after the polls closed in November--185 Republican electors, 184 Democratic electors. It was the first instance in the history of the country where a succession to the Presidency had been disputed. Differences of opinion in regard to the legality and regularity of the election in single States had arisen in more than one Presidential election; but it happened in these cases that the counting of the vote of the disputed States either way would not affect the decision, and therefore no test was made.

The result was undoubtedly a great disappointment to Mr. Tilden, and even greater to his immediate friends and supporters. They at once raised the cry that they had been defrauded, that Mr. Hayes had received t.i.tle to his office against the law and against the evidence, that he was to occupy a place which the people had voted to confer upon Mr. Tilden. In every form of insinuation and accusation, by almost every Democratic paper in the country, it was affirmed that Mr. Hayes was a fraudulent President. This cry was repeated until the ma.s.s of the party believed that they had been made the victims of a conspiracy, and had been entrapped by an Electoral Commission. Yet the first authoritative movement for the committee that reported the Electoral Bill was from a Southern Democrat in the House, and the Electoral Bill itself was supported by an overwhelming number of Democrats in both branches; whereas the joint vote of the Republicans was, by a large majority, against the bill.

The vote of the Democrats in favor of the Electoral bill, as compared with the Democrats who voted against it in both branches, was in the proportion of more than ten to one; whereas but two-fifths of the Republicans in the two Houses voted for the bill, and three-fifths against it. Only a single Democrat in the Senate, Mr. Eaton of Connecticut, cast a negative vote; and he acknowledged in doing it that the State Senate of Connecticut, controlled by the Democrats, had requested him to support the bill. All the leading Democrats of the Senate--Mr. Thurman, Mr. Bayard, Mr. Pinkney Whyte--made earnest speeches in favor of it. Mr. McDonald of Indiana declared that the popular sentiment of his State was overwhelmingly in favor of it, and he reproached Mr. Morton for opposing it. Other prominent Republicans in the Senate--Mr. Sherman, Mr. Cameron of Pennsylvania, Mr. Hamlin, Mr. Blaine--earnestly united with Mr. Morton in his opposition to the measure.

The division was the same in the House. Mr. Henry B. Payne of Ohio, Mr. Abram S. Hewitt, Mr. Clarkson N. Potter, Mr. Samuel S. c.o.x, and nearly all the influential men on the Democratic side, united in supporting the bill; while General Garfield, Mr. Frye, Mr. Ka.s.son, Mr. Hale, Mr. Martin I. Townsend, and the leading Republicans of the House, opposed it. The House was stimulated to action by a memorial presented by Mr. Randall L. Gibson from New Orleans, demanding the pa.s.sage of the bill; while Governor Vance of North Carolina, afterwards elected senator, telegraphed that the North-Carolina Legislature had almost unanimously pa.s.sed resolutions in favor of it. The Democrats, therefore, had in a remarkable degree concentrated their influence and their votes in support of the measure.(4) It was fashioned precisely as they desired it. They agreed to every line and every letter. They agreed that a majority of the Commission, const.i.tuted as they ordained it should be, might decide these questions, and when the final decision was made they cried out in anger because it was not in Mr. Tilden's favor. One of the ablest judges of the Supreme Court, Joseph P.

Bradley, has been made subject of unmerited censure because he decided the points of law according to his own convictions (sustained by the convictions of Justices Miller and Strong), and not according to the convictions of Justices Clifford and Field.

The Democratic dissatisfaction was instinctive and inevitable. In the very nature of things it is impossible _after an election_ to const.i.tute a Commission whose decisions will be accepted by both political organizations as impartial. It is, or it certainly should be, practicable to establish by law, before the election to which it may first apply, a permanent mode of adjudicating disputed points in the return of Presidential votes. Yet with the serious admonition of 1876, Congress has neglected the duty which may well be regarded as the most important and most imperative that can devolve upon it. The government of a Republic is left to all the chances of anarchy so long as there is no mode established by law for determining the election of its Chief Executive officer.

The disappointment of the Democratic ma.s.ses continued after the inauguration of President Hayes, and it took the form of a demand for an investigation. It was not expected, of course, that any thing could be done to affect the decision of the Electoral Commission, but the friends of Mr. Tilden clamored for an exposure of Republican practices in the Presidential campaign. The Democrats in Congress were less eager for this course than the Democrats outside of Congress. It was understood that personal and urgent requests--one coming from Mr.

Tilden himself--were necessary to induce Mr. Clarkson N. Potter to take the lead by offering on the 13th of May, 1878, a resolution for the appointment of a select committee of eleven "to inquire into the alleged false and fraudulent canva.s.s and return of votes by State, county, parish, and precinct officers in the States of Louisiana and Florida, and into all the facts which in the judgment of said committee are connected with or are pertinent thereto." The resolution was adopted, and a committee was appointed, with power to sit during the recess of Congress.(5)

Congress adjourned on the 20th of June, and after a short vacation Mr. Potter's committee entered upon its extensive inquiries. Perhaps with the view of stimulating the Democratic members of the committee to zeal in the performance of their duty, Mr. Manton Marble early in August published a carefully prepared letter on the electoral counting of 1876. Mr. Marble was unsparing in his denunciation of the Republicans for having, as he alleged, obtained the election of Hayes and Wheeler by corruption in the Southern States. He dealt with unction upon the fact that the _absolute trust of Mr. Tilden and his adherents in the Presidential contest had been in moral forces_. As the accusations put forth were attributed to Mr. Tilden, and only the remarkable rhetoric of the letter to Mr. Marble, the public interest was fully aroused, and the threatened exposures impatiently awaited.

The majority of the committee reported, though perhaps with greater elaboration, substantially the same facts and a.s.sumptions that had been brought against the Republicans in the Southern States directly after the election, nearly two years before. If any thing new was produced, it was in detail rather than in substance, and undoubtedly showed some of the loose practices to which the character of Southern elections has given rise. Between the violence of the rebel organizers, and the shifts and evasions to which their opponents, both white and colored, have been subjected, the elections in many of those States have undoubtedly been irregular; but the Committee did not establish any fraudulent voting on the part of Republicans. Freely a.n.a.lyzed, indeed, the accusations against the colored voters were in another sense still graver accusations against the white voters.

Duplicity is a weapon often employed against tyranny by its victims, and there is always danger that a popular election where law is unfairly administered and violence constantly impending, will bring into play on both sides the worst elements of society.

But all interest in the investigation as it was originally designed, was suddenly diverted by incidents which were wholly unlooked for when Mr. Potter moved his resolution and when Mr. Marble wrote his letter--giving an unexpected conclusion to the grand inquest so impressively heralded.

It happened that during an inquiry into the Oregon case by a Senate Committee, some thirty thousand political telegrams (mainly in cipher) had been brought into the custody of the committee by _subpoenas_ to the Western Union Telegraph Company. The great ma.s.s of these telegrams were returned to the Company without translation. About seven hundred, however, had been retained by an _employe_ of the committee. The re-opening of the Presidential controversy by the Democrats, and especially the offensive letter of Mr. Marble, led to a renewed effort to decipher the reserved telegrams. The translation was accomplished by an able and ingenious gentleman on the editorial staff of the _New-York Tribune_ (Mr. William M. Grosvenor), and the result disclosed astonishing attempts at bribery on the part of Democratic agents in South Carolina, Florida, and Oregon. What may have been done of the same character in Louisiana can only be inferred, for no dispatches from that State were found.

The gentlemen who went to Florida in Mr. Tilden's interests were Mr.

Manton Marble, Mr. C. W. Woolley, and Mr. John F. Coyle. Mr. Marble's _sobriquet_ in the cipher dispatches was _Moses_. Mr. Woolley took the suggestive pseudonym of _Fox_, while Mr. Coyle was known as _Max_.

Their joint mission was to secure the Electoral vote of the State, by purchase if need be, not quite as openly, but as directly as if they were negotiating for a cargo of cotton or offering money for an orange-grove. Mr. Marble was alarmed soon after his arrival by finding that the Democratic electors had "only about one hundred majority on certified copies, while the Republicans claimed the same on returns."

Growing anxious, he telegraphed on November 22 to Mr. William T. Pelton (a nephew of Mr. Tilden): "Woolley asked me to say let forces be got together immediately for _contingencies_ either here or in Louisiana."

A few days later Mr. Marble telegraphed: "Have just received a proposition to hand over at any time required, Tilden decision of Board and certificate of Governor, for $200,000." Mr. Pelton thought the "proposition too high," and thereupon Mr. Marble and Mr. Woolley each found that an Elector could be secured for $50,000, and so telegraphed Mr. Pelton. Mr. Pelton, with commendable economy, warned them that he did not wish to pay twice for the same article, and with true commercial caution advised the Florida agents that "they could not draw until the vote of the Elector was received." According to Mr.

Woolley the power was received too late, and on the 5th of December Mr.

Marble closed the interesting correspondence with these words to Mr.

Pelton: "Proposition failed. Finished responsibility as Moses. Last night Woolley found me and said he had nothing, which I knew already.

Tell Tilden to saddle Blackstone."

Mr. Smith W. Weed went on a similar errand to South Carolina. He did not attempt to hide behind any disguised name, and simply telegraphed over his own initial. On the 16th of November he informed Mr. Henry Havermeyer, who seemed to be co-operating with Mr. Pelton in New York, that "the Board demand $75,000 for giving us two or three electors,"

and that "something beyond will be needful for the interceder, perhaps $10,000." At a later hour of the same day he thought that he had made a better bargain, and telegraphed Mr. Havermeyer that "it looks now as though the thing would work at $75,000 for all seven votes."

The next day Mr. Weed began to fear the interposition of the court, and advised Mr. Havermeyer to "press otherwheres; for no certainty here, simply a hope." Twenty-four hours later Mr. Weed's confidence revived, and on the 18th he telegraphed,--"Majority of board have been secured. Cost is $80,000,--one parcel to be sent of $65,000; one of $10,000; one of $5,000; all to be in $500 or $1,000 bills, notes to be accepted as parties accept and given up upon votes of South Carolina being given to Tilden's friends. Do this at once and have cash ready to reach Baltimore Sunday night." Mr. Weed then started to Baltimore with the intention of meeting a messenger from New York with the money. Mr. Pelton was there but had not brought the money, and both went to New York to secure it.

Meanwhile the Canva.s.sing Board of South Carolina reported the returns to the court, showing on their face the election of the Hayes Electors, and of a Democratic Legislature which would count the vote for Governor. The Board also reported that the votes of Lawrence and Edgefield Counties ought to be thrown out, which would make a Republican Legislature. On the 22d the court issued an order to the Board to certify the members of the Legislature according to the face of the returns, but to revise and correct the Electoral vote according to the precinct returns. Without receiving this order the Canva.s.sing Board, whose powers expired by statutory limitation on that day, perceiving the purpose of the Court to prevent any count of the Electoral vote, declared and certified the election of the Republican electors, rejected the votes of Lawrence and Edgefield Counties, certified the election of a Republican Legislature, and then adjourned without day.

This result put an end to the plans of Mr. Weed and Mr. Pelton for bribing the Canva.s.sing Board. But their resources were not yet exhausted. On the 4th of December Mr. Pelton offered to furnish $20,000 if it "would secure several electors." This plan also failing, he telegraphed, advising "that the Court under the pending _quo warranto_ proceedings should arrest the Electors for contempt, and imprison them separately during Wednesday," the day for casting their votes for President and Vice-President; "for," as he plaintively added, "_all depends on your State_." Imprisoning "separately" was essential, for if they were imprisoned together they could have cast the Electoral vote.

In Oregon the attempt to bribe was quite as bold as in the two Southern States. Mr. George L. Miller of Omaha, member of the National Democratic Committee for Nebraska, had been requested by Mr. Pelton to go to Oregon, but had sent in his stead one J. N. H. Patrick, who upon his arrival at Portland began an active telegraphic correspondence with Mr. Pelton. On the 28th of November he telegraphed Mr. Pelton that Governor Grover would issue a certificate of election to one Democratic Elector (Cronin), and added, "Must purchase Republican Elector to recognize and act with the Democrat, and secure vote to prevent trouble. Deposit $10,000 to my credit." This telegram was endorsed by Senator Kelly, to whom Mr. Abram S. Hewitt had on the 17th of November telegraphed at San Francisco when on his way to Washington, that circ.u.mstances required his immediate return to Oregon to consult Governor Grover. Mr. Pelton replied to Mr. Patrick, "If you will make obligation, contingent on result in March, it will be done, and _incremable_ slightly if necessary," to which Mr. Patrick responded that the fee could not be made contingent; whereupon the sum of $8,000 was deposited to his credit on the 1st of December, in New York, but intelligence of it reached Oregon too late to carry out any attempt to corrupt a Republican Elector.

As nothing had been known of these extraordinary facts when Mr. Potter moved for the appointment of his investigating committee, the House of Representatives, on the 20th of January, 1879, directed that committee to investigate the cipher telegrams. Before this committee the genuineness of the telegrams and the correctness of the translation by the _Tribune_ were abundantly established. Some of the princ.i.p.al persons connected with them appeared before the committee to explain and to excuse. Senator Kelly had previously stated that he endorsed Mr. Patrick's dispatch without knowing its contents, a statement probable in itself and sustained by Mr. Kelly's good reputation. Mr.

Marble swore that he transmitted to headquarters information of the opportunities for corruption merely "as danger signals." Mr. Weed admitted and tried to justify his efforts to bribe the South Carolina Canva.s.sing Board. Mr. Pelton admitted all his attempts and took upon himself the full responsibility, saying that if money became actually necessary, he intended to call for it upon Mr. Edward Cooper and the members of the National Democratic Committee. Mr. Cooper swore that he first knew that Mr. Pelton was conducting such negotiations when he went to Baltimore; and that when on the next day he received from Mr.

Pelton a cipher telegram requesting that the $80,000 should be sent to him at Baltimore, he informed Mr. Tilden what Pelton was doing, whereupon he was recalled and "the thing was stopped." Under cross-examination by Mr. Reed of Maine, Mr. Tilden swore that he knew nothing of any of the telegrams; that the first he knew of the Florida transactions was when they were mentioned to him by Mr. Marble after his return from Florida; that he was informed by Mr. Cooper of the South Carolina negotiations and stopped them; that he scorned to defend his t.i.tle by such means as were employed to acquire a felonious possession. Neither Mr. Patrick nor Mr. Woolley appeared before the committee.

Two general conclusions may safely be drawn from the voluminous evidence: _first_, that the Democratic agents in the contested States of Florida, South Carolina, and Oregon earnestly and persistently endeavored to change the result from Hayes to Tilden by the use of large sums of money as bribes to official persons to violate their duty; _second_, that the negotiations for that purpose do not show that any member of any Canva.s.sing Board or any Presidential Elector ever contemplated betraying his trust for such inducement. The interest throughout the investigation centred upon Mr. Tilden, and concerning him and his course there followed general discussion--angry accusation and warm defense. There is nothing in the testimony to contradict the oath taken by Mr. Tilden and there has been no desire to fasten a guilty responsibility upon him. But the simple fact remains that a Presidential canva.s.s which began with a ponderous manifesto in favor of "reform" in every department of the Government, and which accused those who had been entrusted with power for sixteen years of every form of dishonesty and corruption, ended with a persistent and shameless effort to bribe the electors of three States!

[(1) The joint committee respecting the mode of counting the electoral votes consisted of the following members:--

SENATORS: George F. Edmunds of Vermont, F. T. Frelinghuysen of New Jersey, John A. Logan of Illinois, Oliver P. Morton of Indiana, _Allen G. Thurman_ of Ohio, _Thomas F. Bayard_ of Delaware, and _Matt W.

Ransom_ of North Carolina.

General Logan was detained in Illinois, and Mr. Conkling was subst.i.tuted on the committee.

REPRESENTATIVES: _Henry B. Payne_ of Ohio, _Eppa Hunton_ of Virginia, _Abram S. Hewitt_ of New York, _William M. Springer_ of Illinois, George W. McCrary of Iowa, George F. h.o.a.r of Ma.s.sachusetts, and George Willard of Michigan.]

[(2) The Commission as organized was as follows:--

JUSTICES of the Supreme Court: Nathan Clifford, Samuel F. Miller, Stephen J. Field, William Strong, Joseph P. Bradley.

SENATORS: George F. Edmunds, Oliver P. Morton, Frederick T.

Frelinghuysen, Thomas F. Bayard, Allen G. Thurman.

REPRESENTATIVES: Henry B. Payne, Eppa Hunton, Josiah G. Abbott, James A. Garfield, George F. h.o.a.r.]

[(3) The following counsel attended:--

On the Democratic side: Judge Jeremiah S. Black, Charles O'Connor, John A. Campbell, formerly of the Supreme Court, Lyman Trumbull, Montgomery Blair, Matthew H. Carpenter, Ashbel Green, George Hoadly, Richard T. Merrick, William C. Whitney, Alexander Porter Morse.

On the Republican side: William M. Evarts, Stanley Matthews, E. W.

Stoughton, Samuel Sh.e.l.labarger. In addition to regular counsel the objectors to any certificate or vote were allowed to be heard by two of their number. Senators Howe, Christiancy, Sherman, McDonald, Sargent, Mitch.e.l.l, C. W. Jones, Conover and Cooper, together with Representatives Ka.s.son, William Lawrence, David Dudley Field, Tucker, Hunt, McCrary, Hurlbut, Dunnell, Cochrane, Thompson and Woodburn were appointed to this duty.]

[(4) The following is an exact statement of the vote on the Electoral Bill in both branches:--

In the Senate 26 Democrats voted for the Bill and 1 against it.

" " " 21 Republicans " " " " " 16 " "

In the House 160 Democrats " " " " " 17 " "

" " " 31 Republicans " " " " " 69 " "