The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-07-12
THE ELECTORAL COMMISSION.
Further Facts About the Hayes-Tilden Con
test and Judge David Davis.

memo, In new YORK sun.
"A communication published in the Sun of
Monday. signed observer" as to the Electoral
Commission of 1877 and the failure of Judge
Davis TO be member of it, induces me to think
that it Is time some other facts were made pub
lie bearing on the same matter.
do not dispute any of the facts stated by
observer" as to the universal expectation in
both houses of Congress, when the Electoral
commission bill was under consideration, that
Judge Davis would be the fifth judge, and con-
sequently the arbiter of the Com mission.
The bill became law on Monday morning.
Jan. 49, 1877, by the signature of President
Grant, which was communicated to the Senate
few minutes after its meeting at noon, with
special message. That same day the Supreme
Court took its usual monthly winter recess
Judge Davis had. few days before, been elected
Senator for the term beginning on the ensuing
4th of March,
The law fixed Thursday. Feb. /. as the day on
which the electoral count shoDld begin. The
four judges specified in the law met on Monday
Jan. 90 on the adjournment of the court, to
select the fifth judge.
When Judge Davis had received in his room
at the National Eotel the dispatch announcing
his election as Senator he handed it TO gentle
man who was in his room and remarked. THAT
lets me out of this Commission" The remark
very soon came to the ears OF Judge Field, who
went post-haste to Judge Davis, and, ascertain
ing that the latter had not put any decination
in writing, urged him not to say anything and,
and insisted that he should serve on the Commits
sion in accordance with the general desire.
When the four judges met on Monday, Jan.
| 90 Judge Clifford and Judge Field proposed the
| name of Judge Davis as the fifth judge. To this
Judge Miller strenuously objected. Not so
Judge Strong The latter said that in view
of Judge Davis's long service, his known free
dom from partsanshp and his acknowledged in
dependence, he recognized the eminent fitness OF
his selection; but he understood that Judge
0avi MT m on n
recent election to political position that of
Senator, which he was soon to assume Judge
Miller insisted that the selection OF Judge Davis
would be unwise and improper, AS he had been q
candidate for the presidency and was still re-
garded as one. and now on the point of
leaving the bench to take seat In the
Senate. where, if he served on the Commission.
he could go to dictate to the President
whom he had made Judge Strong said
that he could not consent to vote for Judge
Davis unless he had written assurance under
his hand thai be would serve. Judges Clifford
and Field could see nothing in the objections to
Judge Davis, and insisted on his selection. In
this condition of affairs the judges adjourned to
the following morning. The effort of some of
them to find Judge Davis that evening was I'M
availiug. as upon the adjournment of the court
that day he had left the city without leaving
word whittier he had gone, and he was seen no
more in Washington till after the electoral count
had begun.
On Tuesday, Jan. 30 1877, the four judges
met again Judges Clifford and Field again
urged the selection of Davis Judge Miller OBJ
| jected emphatically, as before Judge Strong
| repeated that he would vote for Davis if ne had
| a written assurance from him of his willingness
| to serve; not otherwise. Judge Miller asked
| Judges Clifford and Field to name any other
| Judge They declined. The judges separated
| without agreeing and met again in the evening.
| Judge Davis's name was again presented by his
Democratic colleagues. Judge Strong said
| it was time the matter was settled. and as
| there was no word i'll writing from Judge Davis
| on the subject, some one else must be selected.
| Thereupon Judges Miller and Strong formally
offered to Judges Field and Clifford that they
| might choose any member Of the bench except
| Davis. This was declined sand Judge Field said
they had better report to Congress their inability
| to agree. and adjourn. Judge Miller said:
| Gentlemen, you may report what you please,
| but shall claim the right 30 make separate
report to Congress stating why we cannot agree;
| that Judges Clifford and Field insist on Judge
| Davis, and will have no one else as the fifth
| Judge; that Judge Strong and myself have of
| fered to let them select any other judge OF the
bench and we shall ratfy it, and shall state the
grounds of objection to Judge Davis"
Thereupon Judges Clifford and Field con-
suited with each other for few minutes and
! saa!ly accented the proposition of Judge Miller,
named Judge Bradley, who was promptly ac-
cepted by Miller and Strong, and they reported
his name to Congress on Jan. 81 The count
began on Feb. /.
The result is known; all the processes are not