The daily gazette., 1877-01-26
SECOND EDITION
Illinois in the Senate.
THE ELECTTONOFJUDGE DAYS.
OF THE s SUPRElIE COURT.

The Republican both Pleased and Dis
appointed-- Judge not get Decided
to Accept, and tyal not Resign until
March 4. .... ..t
WASHINGTON, Jan. 25.-The election
OF Judge Davis to the United States Sen
ate by combination of Democrats, In
dependents, and moderate Republicans in
the Illinois Legislature was not unexpect-
ed, but 1t nevertheless caused some ex-
citement. The leading Democrats here
doubted the propriety of his nomination
by their friends in Illinois and rather
hopedthat he would be dropped after a
few ballots. 1t is not true, however, as
has been stated, that they telegraphed to
Springfield instruction to this effect. Some
Of the Republicans were rather pleased
yesterday when they learned that he had
been nominated by the Democrats, be-
cause they thought this would alone pre-
vent him from being selected as the fifth
Judge on the electoral count commission.
On the other hand, two or three of the
shrewdest Republicans did not look upon
his nomination with very great serenity.
They realized the fact that after the 4th OF
March their majority in the Senate would
be small, even with Republican return
ed from Illinois.
With the Democratic Senators elect from
Louisiana and South Carolina admitted,
the Senate would be nearly equally diyid-
ed, viz; forty to thirty-five. If the Demo-
Gratis secured one from Illinois their ma
jority would be reduced to three; and,
moreover, this majority could not be de-
pended upon, on even strict party ques-
tions, If Tilden should be declaled elected.
1t would be very easy matter for the
| Democrats to capture couple of carpet
baggers like Dorsey and Spencer. Indeed,
it is q well known fact that both of these
Senators have been anxious for some time
past to make terms with the Democrats
contingent upon Tilden's Inauguration.
For these reasons, therefore, the shrewd-
est Republicans did not get much COM
fort yesterday from Judge Davis's nomin-
alton.
When the news of his election was re-
ceived to-day of course there was great
anxiety to know whether he would prompt
ly accept and resign his position on the
Supreme Bench. The Democratic mem
bers Of the House from Illinois called up
on him this afternoon, shortly after his
election had been made known, to con-
graduate him. The interview was pleas
ant, but the Judge was very guarded in
his expressions save on one point, his res
| ignation. He said emphatically, 81 GER
tainly shall not leave the Bench before
the fourth of March," In an interview
had later in the day with representative
of the Sum- Judge Davis said that he
felt and appreciated tine high compliment
paid him by the representatives of the
people of Illinois. He had neither By
word, act, nor sign intimated to member
Of the Legislature his willingness to ac-
cept this honor, and nobody had been au-
thorized to speak for him. The honor
had come unsolicited, and it was alto
gether unexpected. He did not believe
that the Democrats and Independents
could unite upon. He was therefore not
prepared to say whether he would accept
or not. Many of his nearest friends had
already urged him not to leave the Bench
and their appeals could not be treated
lightly. There was no necessity for i'm
mediate decision. Moreover, there were
causes which had been argued in the Su-
preme Court in which the preparation Of
the opinion of the court had been assign
Gu IO ulI1, anu GnlS Was uuty ne COulu
not shirk, no matter what his inclinations
might be.
This determination of Judge Davis to
delay his resignation will not fe pleasant
news to the President, because he had a
man for the place. Judge Thomas Settle
of North Carolina, waiting. Had Judge
Davis resigned Immediately, Settle would
undoubtedly have recei yed the appoint
ment to the vacancy. Had Davis been
accommodating, Grant would have had
the making of the majority of the Supreme
Court, as he has thus far appointed three
Justices and the Chief Justice.