The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-07-07
THE ELECTORAL COMMISSION.

why the Bill Was Passed-The Late David
Davis and His Connection with 1t.
observer in New York Sun.
The Electoral commission bill was reported In
the Senate the 18th of January, 1877. 1t had
been framed with great care by representative
men of both parties to seem exactly balanced,
but, of course, everybody knew that while each
party would put only it's trusted men on the COM
mission where this could be done, there was yet
a fifteenth man to be named from the Supreme
Bench, and he was to be selected by the four
Judges named in the bill. True, their names
were not inserted, but the numbers of the cir
cults over which they presided we're given, and
this was exactly equivalent to saying that the
Democratic justices, Field and Clifford, and the
Republican justices, Miller and Strong should
select from among their associates the umpire
upon whose decision the final result of the elect
oral count was to rest
The Republicans have never learned exactly
how Mr. hdmunds and his Republican fellows
on the committee expected these four Judges
TO choose a fifth who should be even doubtful
on Tilden. Field and Clifford were not of the
material to choose man who would be pleasing
to Hayes There was much talk of dead
lock. and final decision by lot This seemed
the only chance for Hayes.
The Democrats were better situated. There
was a man on the bench to whom they might
safely turn, and that was David Davis. He had
drifted away from the Republican party, and
sought the Independent nomination for the
OlSLrU6b6O
Republicans, and proportionately trusted by
their opponents But how could he be chosen
TO the Commss;on9 Would not Miller and
Strong stand out for one known to be against
the 1ilden view, just as stoutly as Field and
Clifford would stand out against possible
Hayes man? MOI
Here comes fact in justification OF those
Democrats who supported the electora-commis-
sion bill. The Democratic managers of those
days have been severely reproached for that I'M
fortunate measure They could not well give
their real defense, which was good one, and
that was that they had good reason to believe
that Justice Strong would join with Field and
Clifford in selecting David Davis as the fifth
judge, the fifteenth commissioner, and the final
umpire. Hence their zeal The Republicans
had no knowledge of this Democratic expecta-
ton concerning Judge Strong. There is no
doubt that If David Davis would have accepted
the place he would have been chosen instead of
Judge Bradley. This statement is made ad-
vsedly, and those who believe it to be correct do
not in the least degree impeach Justice Strong's
integrity. Nor do they mean to say that he had
made promise. His vote for Davis was be-
lieved to be as secure as the votes of Field and
Clifford because of the nature of the case and of
his relations to that gentleman.
In Bloomington. ILL.,. on the 22d of January, a
public meeting was held, at which the electoral
bin, reported four days before, was extravagantly
praised in series of well-phrased resolutions.
Bloomington was the home of Judge David
Davis
On the 25th of January the electoral bill was
passed in the Senate, and on the same day David
Davis was elected United States Senator from
Illinois by combination of five Independents
with the Democrats in the Legislature. This new
tie between him and the Democratic party
seemed no objection to him as commissioner
in the minds of the men who wanted to see Mr..
Tilden inaugurated. Up to this time the Demo-
cratic cards had been well played
Now, let us see whether the Democratic man
ayers at the Capitol proceeded with due caution
under the new conditions Would the election
of Judge Davis to the Senate affect his eligibility
or availability for the commissonership2 If the
Democrats had left that in doubt, and gone on
with the electoral bill in the House, without first
taking soundings, they would have been poor
pilots indeed. But this they did not do.
The electoral bill was taken up in the House
about noon Of Thursday, the 18th Of january
Representative Payne of Ohio was in charge of
it, and he asked and obtained unanimous con-
sent that the vote upon Its passage should DO