West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1886-07-16
Judge Davisand Mr. Tnacm.

justices oil the United States SUI
preme Court, passed the Senate on
Jan. -, 1877. On the same day Mr..
Justice David Davis WAS elected as
a United States Senator by the Ill,
inois Legislature on the fortieth
ballot.
This coincidence of events settled
in advance the decision of the elec.
toral tribunal, giving the Presidency
to the candidate who had been defeat
ed at the polls.
The scheme of the Commission
practically threw the whole burden
of its responsibility upon one man.
Fourteen members were acknowledge.
ell partisans-seven Republicans,
seven Democrats. The fifteenth
member was to be Justice of the
Supreme Court. selected by the 9TH
er four Justices already designated,
and his was TO be the casting vote.
His decision was To confirm the suf-
irages of the people or TO establish
Fraud, rs the case might be. The
independent position of Judge Davis
in politics, the public confidence in
the integrity of his character, the
widely recognized impartiality of his
intellect, and his eminent legal at.
tainments all pointed to him as the
fifteenth and potent member OF the
Commission. The country felt rs
sured that the decision which Judge
Davis might render would be honest,
unbiased, and Just. Never, perhaps,
in the history of the world did a
great national cristis find man bet.
ter qualified hy all the circumstances
to meet the responsibility.
Late on the night before the pass.
age OF the Electoral Commission bill
by the Senate, and while the debate
was still in progress, one of the as.
tutest American statesmen now liv.
ing asked for news of the situation.
He was told that Mr.. Bayard had
Just finished speech in favor of the
bill, that Mr.. Christjancy of Michigan
was speaking to the same purpose,
and that the measure was likely to
pass by large majority. mo. no p
said the Republican statesman inn
patiently. 81 mean what's the news
from Springfield, Illinois ?"
The news came the next day, but
its significance was not gener ally re-
cognized until weeks afterward. The
triumph of Fraud was assured not by
anything that happened at Washing
ton, but by the breaking of the long
deadlock in the Illinois Legislature,
and the election of Judge Davis to
the United States Senate. But for
the circumstances which put the
balance of power at Springfield in
the hands Of five Independents, sew.
eral of whom believed that David
Davis was destined to be elected
President of the United States four
years later, he and not Joseph p.
Bradley would have been the fifteenth
member of the Commission. After
swearing to impartially examine
and consider all questions submitted,
and a true judgement to give there
on" Judge Davis would never have
rejected as dLiunde the vital evidence
in the case in order that a monstrous
Fraud might be- consummated and n
nation cheated. If Judge Davis had
been member Of the Commission,
Mr.. Tilden would have been Pres &.
dent in fact as well as by right.
How far did political ambition, in.
spired by the adroit intrigues Of
others, influence Judge Davis To re-.
fuse the tremendous csponsibility
which circumstances thrust upon
him, and out Of which the action of
the Illinois Legislature opened an
easy way'
If Judge Davis was led into the
belief that by leaving the bench for
the Senate he would advance himself
toward the highest Office in the nation,
an Office which even his warmest adj
mirers will not deny that he some.
times coveted, he was grossly misled.
The path Of ambition in his case was
one with the path Of duty. If Judge
Davis had followed that path his
place in history would have been as
honorably illustrious as Bradley's is
infamous-an that is saying the
utmost FIX.
State Mine Inspector Tucker
says in his report for the year 1885,
4 a. al 4 A.. A l. a.