The Montgomery advertiser., 1903-09-20
were surrounded. they scted wisely .nd

for the purpose of counting the electoral vote the President of the Senate wAs clothed with judicial functions. and that he alone had the power under the Con- stitution to declare. the result.
 MT. Ferry. President pro tempore of the Senate, coincidede in that view. It was we'll known that President Grant intended. with the aid of military force. if necessary. to induct into ofice as his successor the person declared by the President of the Senate to have been duly elected.
 And again, when the bill creating the Electoral Commission was passed, 1t was generally understood that Mir. Justice David Davis, of Illinois. would be se- iected as the fifth judge. The passage of the bill was vigorously opposed by some of the Republican leaders on that ground. If he had been selected, there would have been two Republican judges on the Com mission. Messrs. Miller and Strong; two Democratic judges, Messrs. Clifford and Field. and one independent in politics, MT. Justice Davis Unfortunately how ever, about the time of the passage of the Electoral bill, the Illinois Legislature elected Judge Davis to the United States Senate. and for that reason he declined to serve as member of the Commis- sion. and Mir. Justice Bradley was se- lected.
 Tho Democrats Yielded.
 ''The result of the electoral vote was a grievous disappointment to the Demo- cratic representatives in Congress, be- cause they fully believed that the Dem- ocratic candidates had been fairly elected by the American people, but, with somo exceptions, they resolved unhesitatingiy that 1t was the dictate of wisdom, of policy, of manhood, of patriotism and of honor to stand by the compact into which they had deliberately entered, and to exe- cute in good faith the law which was in great part the creation of their own hands.
 'The electoral bill was passed by Dem- ocratic votes. It was accepted by the country, not only as peace measure, but as Democratic measure. submit that 1t would have been unfair, unjust, unwise. unmanly and unpatriotic to refuse to accord to the Republicans what, as a party, we would unanimously demand if the decision had been favorable to us and adverse to them. Besides, there was nothing whatever to be gained by resis- tance. The Democrats were absolutely powerless to make a successful fight. The Republicans had under their control the army, the navy, a. the treasury of the United States. The Democrats had no | army, no navy. no commissariat, no | treasury. In the event of collision they | wor-S have been compelled to rely mainly upon volunteers from the South, that portion of the country that had not yet | recovered from the ruinous and devastat- ! ing effects of the war between the States the greatest civil war known in the his | tory of mankind.
 And, again, we were given to under stand by those who were nearest to MT. Tilden that he was unalterably opposed to the employment of force.
 I MT. Abram s. Hewitt, the Chairman of the National Democratic Committee and .ne recognized spokesman of the Democratic. candidate. declared in the Democratic conference that MT. ll.uer would relipquish his laim to the presi dency before he would consent hat one drop of blood should be shed in support of that claim. Some people attribute his position in the great crisis to infirmity o1 health and natural timidity of disposition | but prefer to believe that he was actu ated by high and patriotic motives, ant that he was willing to put away ambition to save his country from the horrors oi revolution. ,...
 Saved from the Wreck.
 But although we lost the presidency all was not lost. Before the completion o
 the count an important conference wal held boz tn Messrs. Charles Fostsr and Stanley Matthews of Ohio, two promi
 nent Republican leaders. and John B Gordon of Georgia. and John Younl
 Brown of Kentucky, two prominent Dem
 ocratic leaders. In that conference
 Messrs. Foster and Matthews gave wri.
 ten assurances, from their knowledge O
 the views of MT. Hayes, that he woul,
 adopt such a line of policy as would giv
 to the people of Louisiana and South Car
 olina the right to control their own affair
 in their own way. While 1t cannot b
 said that a bargain was made there wa
 tacit understanding. as binding betweel
 gentlemen as a written compact. Tn
 Southern representatives, as Q genera
 rule. observed 1t by refusing to oostruc
 the further execution of the count, an
 Wr. Hayes, a gentleman of some excel
 lent traits. observed 1t by withdrawin
 the Federal troops and by recognizing tn
 Democratic governments of Louisiana an
 South Carolina, thus restoring to tn
 proud spirited, but unarmed and defense
 less people Gf those two commonwealth
 the blessings of home rule and honest ad
 ministration.
 Tucker and Hunton.
 Before closing 1t may be a matter 0
 interest to refer to an incident connecte with the formation of the Electoral Com mission.
 | IL udVlHR Dcen lHllIHdtSu tO tHC III ginia delegation in Congress by member of the Democratic caucus that onr Stat might be honored with a place on tn Commission, provided we could agree 0
 candidate to be presented, we wer unable to decide between Eppa Hunto and John Randolph Tucker. .|hereupor it was determined that the matter shoul l be determined by lot, Benjamin H. HI of Georgia. one of the most brilliant ora , tors and statesmen whom it has eve been my good fortune to meet, held tn , straws, and Hunton was the winner.
 MT. Tucker rendered valuable and con spicuous service as one of the representa- , tives of the Tilden electors before tn Commission. and fully sustained his grea reputation as a learned lawyer and elo quent advocate. General Hunton. as member of the Commission, dignified an
 adorned the high station by his admirabl judicial temper. and delivered opinions |
 the Florida, Louisiana Oregon and Sout Carolina cases which will long stand a , monuments to his wisdom learning an patriotism. It will thus be seen that i
 this, as In every great crisis of the cour . try's history the sons of the Old Douir , ion proved themselves in every respee 2 worthy of her hereditary renoWn ana ne pristine glory
 ' Uncovering the Past. Judge.
 AEN