with a view to release from instructions of ting Committee quieted rival claims as to State Conventions some of his friends. South Carolina by agreeing that it had New York had instructed for Conkling, fairly chosen the Republican electors. So and Pennsylvania for Hartranft. In both close was the result that success or failure of these states some delegates had been hinged upon the returns of Florida and chosen by their respective Congressional Louisiana, and for days and weeks conflictdistricts, in advance of any State action, ing stories and claims came from these and these elections were as a rule confirmed States. The Democrats claimed that they by the State bodies. Where they were not, had won on the face of the returns from there were contests, and the right of dis- Louisiana, and that there was no authority trict representation was jeopardized if not to go behind these. The Republicans pubdestroyed by the reinforcement of the licly alleged frauds in nearly all of the unit rule. It was therefore thought to be Southern States; that the colored vote had a question of much importance by the war- been violently suppressed in the Gulf ring interests. Hon. Edw. McPherson was States, but they did not formally dispute the temporary Chairman of the Conven- the face of the returns in any State save tion, and he took the earliest opportunity where the returning boards gave them the presented to decide against the binding victory. This doubtful state of affairs inforce of the unit rule, and to assert the liberty of each delegate to vote as he pleased. The Convention sustained the decision on an appeal. Ballots of the Cincinnati Republican Convention, 1876: Gen. Rutherford B. Hayes, of Ohio, was nominated for President, and Hon. Wm. A. Wheeler, of New York, for Vice President. The Democratic National Convention met at St. Louis, June 28th. Great interest was excited by the attitude of John Kelly, the Tammany leader of New York, who was present and opposed with great bitterness the nomination of Tilden. He afterwards bowed to the will of the majority and supported him. Both the unit and the two-thirds rule were observed in this body, as they have long been by the Democratic party. On the second ballot, Hon. Samuel J. Tilden, of New York, had 535 votes to 203 for all others. His leading competitor was Hon. Thomas A. Hendricks, of Indiana, who was nominated for Vice President. The Electoral Count. The election followed Nov. 7th, 1876, Hayes and Wheeler carrying all of the Northern States except Connecticut, New York, New Jersey and Indiana; Tilden and Hendricks carried all of the Southern States except South Carolina, Florida and Louisiana. The three last named States were claimed by the Democrats, but their members of the Congressional Investiga duced a number of prominent politicians of both the great parties to visit the State capitals of South Carolina, Florida and Louisiana to witness the count. Some of these were appointed by President Grant; others by the Democratic National Committee, and both sets were at the time called the "visiting statesmen," a phrase on which the political changes were rung for months and years thereafter. The electoral votes of Florida were decided by the returning board to be Republican by a majority of 926,-this after throwing out the votes of several districts where fraudulent returns were alleged to be apparent or shown by testimony. The Board was cited before the State Supreme Court, which ordered a count of the face of the returns; a second meeting only led to a second Republican return, and the Republican electors were then declared to have been chosen by a majority of 206, though before this was done, the Electoral College of the State had met and cast their four votes for Hayes and Wheeler. Both parties agreed very closely in their counts, except as to Baker county, from which the Republicans claimed 41 majority, the Democrats 95 majority-the returning board accepting the Republican claim. In Louisiana the Packard returning board was headed by J. Madison Wells, and this body refused to permit the Democrats to be represented therein. It was in session three weeks, the excitement all the time being at fever heat, and finally made the following average returns: Republican electors, 74,436; Democratic, 70,505; Republican majority, 3,931. McEnery, who claimed to be Governor, gave the Democratic electors a certificate based on an average vote of 83,635 against 75,759, a Democratic majority of 7,876. In Oregon, the three Republican electors had an admitted majority of the popular vote, but on a claim that one of the number was a Federal office-holder and therefore ineligible, the Democratic Governor gave a certificate to two of the Republican elec tors, and a Mr. Cronin, Democrat. The three Republican electors were certified by the Secretary of State, who was the canvassing officer by law. This Oregon business led to grave suspicions against Mr. Tilden, who was thereafter freely charged by the Republicans with the use of his immense private fortune to control the result, and thereafter, the New York Tribune, with unexampled enterprise, exposed and reprinted the " cipher dispatches" from Gramercy, which Mr. Pelton, the nephew and private secretary of Mr. Tilden, had sent to Democratic "visiting statesmen "in the four disputed sections. In 1878, the Potter Investigating Committee subsequently confirmed the "cipher dispatches' but Mr. Tilden denied any knowledge of them. The second session of the 44th Congress met on Dec. 5th, 1876, and while by that time all knew the dangers of the approaching electoral count, yet neither House would consent to the revision of the joint rule regulating the count. The Republicans claimed that the President of the Senate had the sole authority to open and announce the returns in the presence of the two Houses; the Democrats plainly disputed this right, and claimed that the joint body could control the count under the law. Some Democrats went so far as to say that the House (which was Democratic, with Samuel J. Randall in the Speaker's chair) could for itself decide when the emergency had arrived in which it was to elect a President. There was grave danger, and it was asserted that the Democrats, fearing the President of the Senate would exercise the power of declaring the result, were preparing first to forcibly and at least with secrecy swear in and inaugurate Tilden. Mr. Watterson, member of the House from Kentucky, boasted that he had completed arrangements to have 100,000 men at Washington on inauguration day, to see that Tilden was installed. President Grant and Secretary of War Cameron, thought the condition of affairs critical, and both made active though secret preparations to secure the safe if not the peaceful inauguration of Hayes. Grant, in one of his sententious utterances, said he "would have peace if he had to fight for it." To this end he sent for Gov. Hartranft of Pennsylvania, to know if he could stop any attempted movement of New York troops to Washington, as he had information that the purpose was to forcibly install Tilden. Gov. Hartranft replied that he could do it with the National Guard and the Grand Army of the Republic. He was told to return to Harrisburg and prepare for such an emergency. This he did, and as the Legislature was then in session, a Republican caucus was called, and it resolved, without knowing exactly why, to sustain any action of the Governor with the resources of the State. Secretary Cameron also sent for Gen'l Sherman, and for a time went on with comprehensive preparations, which if there had been need for completion, would certainly have put a speedy check upon the madness of any mob. There is a most interesting unwritten history of events then transpiring which no one now living can fully relate without unjustifiable violations of political and personal confidences. But the danger was avoided by the patriotism of prominent members of Congress representing both of the great political parties. These gentlemen held several important and private conferences, and substantially agreed upon & result several days before the exciting struggle which followed the introduction of the Electoral Commission Act. The leaders on the part of the Republicans in these conferences were Conkling, Edmunds, Frelinghuysen; on the part of the Democrats Bayard, Gordon, Randall and Hewitt, the latter a member of the House and Chairman of the National Democratic Committee. The Electoral Commission Act, the basis of agreement, was supported by Conkling in a speech of great power, and of all men engaged in this great work he was at the time most suspected by the Republicans, who feared that his admitted dislike to Hayes would cause him to favor a bill which would secure the return of Tilden, and as both of the gentlemen were New Yorkers, there was for several days grave fears of a combination between the two. The result showed the injustice done, and convinced theretofore doubting Republicans that Conkling, even as a partisan, was faithful and far-seeing. The Electoral Commission measure was a Democratic one, if we are to judge from the character of the votes cast for and against it. In the Senate the vote stood 47 for to 17 against. There were 21 Republicans for it and 16 against, while there were also 26 Democrats for it to only 1 (Eaton) against. In the House much the same proportion was maintained, the bill passing that body by 191 to 86. The following is the text of the ELECTORAL COMMISSION ACT. An a t to provide for and regulate the counting of votes for President and VicePresident, and the decision of questions arising thereon, for the term commencing March fourth, Anno Domini eighteen hundred and seventy-seven. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Senate and House of Representatives shall meet in the hall of the House of Representatives, at the hour of one o'clock post meridian, on the first Thursday in Febru- | all such returns and papers shall thereupon ary, Anno Domini eighteen hundred and be submitted to the judgment and decision seventy-seven; the President of the Senate as to which is the true and lawful electoral shall be their presiding officer. Two tellers vote of such State, of a commission constishall be previously appointed on the part tuted as follows, namely: During the sesof the Senate, and two on the part of the sion of each House, on the Tuesday next House of Representatives, to whom shall preceding the first Thursday in February, be handed, as they are opened by the Pre- eighteen hundred and seventy-seven, each sident of the Senate, all the certificates, House shall, by viva voce vote, appoint and papers purporting to be certificates, of five of its members, with the five associate the electoral votes, which certificates and justices of the Supreme Court of the United papers shall be opened, presented and States to be ascertained as hereinafter proacted upon in the alphabetical order of the vided, shall constitute a commission for the States, beginning with the letter A; and decision of all questions upon or in respect said tellers having then read the same in of such double returns named in this secpresence and hearing of the two Houses, tion. On the Tuesday next preceding the shall make a list of the votes as they shall first Thursday in February, Anno Domini, appear from the said certificates; and the eighteen hundred and seventy-seven, or as votes having been ascertained and counted soon thereafter as may be, the associate as in this act provided, the result of the justices of the Supreme Court of the United same shall be delivered to the President of States now assigned to the first, third, the Senate, who shall thereupon announce eighth, and ninth circuits shall select, in the state of the vote, and the names of the such manner as a majority of them persons, if any elected, which announcement shall be deemed a sufficient declaration of the persons elected President and Vice-President of the United States, and, together with a list of the votes, be entered on the journals of the Houses. Upon such reading of any such certificate or paper when there shall only be one return from a State, the President of the Senate shall call for objections, if any. Every objection shall be made in writing, and shall state clearly and concisely, and without argument, the ground thereof, and shall be signed by at least one Senator and one Member of the House of Representatives before the same shall be received. When all objections so made to any vote or paper from a State shall have been received and read, the Senate shall thereupon withdraw, and such objections shall be submitted to the Senate for its decision; and the Speaker of the House of Representatives shall, in like manner, submit such objections to the House of Representatives for its decision; and no electoral vote or votes from any State from which but one return has been received shall be rejected, except by the affirmative vote of the two Houses. When the two Houses have votes, they shall immediately again meet, and the presiding officer shall then announce the decision of the question submitted. SEC. 2. That if more than one return, or paper purporting to be a return from a State, shall have been received by the President of the Senate, purporting to be the certificate of electoral votes given at the last preceding election for President and VicePresident in such State (unless they shall be duplicates of the same return), all such returns and papers shall be opened by him in the presence of the two Houses when met as afcresaid, and read by the tellers, and shall deem fit, another of the associ- justices, members of the said commission, SEC. 3. That, while the two Houses shall be in meeting, as provided in this act, no debate shall be allowed and no question shall be put by the presiding officer, except to either House on a motion to withdraw, and he shall have power to preserve order. SEC. 4. That when the two Houses separate to decide upon an objection that may have been made to the counting of any electoral vote or votes from any State, or upon objection to a report of said commis sion, or other question arising under this act, each Senator and Representative may speak to such objection or question ten minutes, and not oftener than once; but after such debate shall have lasted two hours, it shall be the duty of each House to put the main question without further debate. shall immediately appoint another justice of said court a member of said commission, and, in such appointment, regard shall be had to the impartiality and freedom from bias sought by the original appointments to said commission, who shall thereupon immediately take and subscribe the oath hereinbefore prescribed, and become a member of said commission to fill the vacancy so occasioned. All the certificates and papers purporting to be certificates of the electoral votes of each State shall be opened, in the alphabetical order of the States, as provided in section one of this act; and when there shall be more than one such certificate or paper, as the certificates and papers from such State shall so be opened (excepting duplicates of the same SEC. 5. That at such joint meeting of the return), they shall be read by the tellers, two Houses, seats shall be provided as foland thereupon the President of the Senate lows: For the President of the Senate, the shall call for objections, if any. Every Speaker's chair; for the Speaker, immediobjection shall be made in writing, and ately upon his left; the Senators in the shall state clearly and concisely, and with- body of the hall upon the right of the preout argument, the ground thereof, and siding officer; for the Representatives, in shall be signed by at least one Senator and the body of the hall not provided for the one member of the House of Representa- Senators; for the tellers, Secretary of the tives before the same shall be received. Senate, and Clerk of the House of RepreWhen all such objections so made to any sentatives, at the Clerk's desk; for the other certificate, vote, or paper from a State shall officers of the two Houses, in front of the have been received and read, all such cer- Clerk's desk and upon each side of the tificates, votes and papers so objected to, Speaker's platform. Such joint meeting and all papers accompanying the same, shall not be dissolved until the count of together with such objections, shall be electoral votes shall be completed and the forthwith submitted to said commission, result declared; and no recess shall be which shall proceed to consider the same, taken unless a question shall have arisen in with the same powers, if any, now possessed regard to counting any such votes, or otherfor that purpose by the two Houses acting wise under this act, in which case it shall separately or together, and, by a majority be competent for either House, acting sepaof votes, decide whether any and what rately, in the manner hereinbefore providvotes from such State are the votes provided, to direct a recess of such House not beed for by the Constitution of the United States, and how many and what persons were duly appointed electors in such State, and may therein take into view such petitions, depositions, and other papers, if any, as shall, by the Constitution and now existing law, be competent and pertinent in such consideration; which decision shall be made in writing, stating briefly the ground thereof, and signed by the members of said commission agreeing therein; whereupon the two Houses shall again meet, and such decision shall be read and entered in the journal of each house, and the counting of the vote shall proceed in conformity therewith, unless, upon objection made thereto in writing by at least five Senators and five members of the House of Representatives, the two Houses shall separately concur in ordering otherwise, in which case such concurrent order shall govern. No votes or papers from any other State shall be acted upon until the objections previously made to the votes or papers from any State shall have been finally disposed of yond the next day, Sunday excepted, at the hour of ten o'clock in the forenoon. And while any question is being considered by said commission, either House may proceed with its legislative or other business. SEC. 6. That nothing in this act shall be held to impair or affect any right now existing under the Constitution and laws to question, by proceeding in the judicial courts of the United States, the right or title of the person who shall be declared elected, or who shall claim to be President or Vice-President of the United States, if any such right exists. SEC. 7. That said commission shall make its own rules, keep a record of its proceedings, and shall have power to employ such persons as may be necessary for the transaction of its business and the execution of its powers. Approved, January 29, 1877. Members of the Commission. Hon. NATHAN CLIFFORD, Associate Jus tice Supreme Court, First Circuit. Hon. WILLIAM STRONG, Associate Justice | Packard or Republican government there, Supreme Court, Third Circuit. Hon. SAMUEL F. MILLER, Associate Hon. JOSEPH P. BRADLEY, Associate Hon. GEORGE F. EDMUNDS, United States Senator. Hon. OLIVER P. MORTON, United States Senator. Hon. FREDERICK T. FRELINGHUYSEN, United States Senator. Hon. ALLEN G. THURMAN, United States Senator. Hon. THOMAS F. BAYARD, United States Senator. caused distrust and dissatisfaction in the minds of the more radical Republicans, who contended with every show of reason that if Hayes carried Louisiana, Packard must also have done so. The only sensible excuse for seating Hayes on the one side and throwing out Governor Packard on the other, was a patriotic desire for peace in the settlement of both Presidential and Southern State issues. This desire was plainly manifested by President Hayes on the day of his inauguration and for two years thereafter. He took early occasion to visit Atlanta, Ga.,and while at that point and en route there made the most conciliatory speeches, in which he called those who had engaged in the Rebellion, "brothers," "gallant soldiers," etc. These speeches excited much attention. They had lit Hon. HENRY B. PAYNE, United States Representative. Hon. EPPA HUNTON, United States Rep-tle if any effect upon the South, while the resentative. Hon. JOSIAH G. ABBOTT, United States Representative. Hon. JAMES A. GARFIELD, United States Representative. Hon. GEORGE F. HOAR, United States Representative. The Electoral Commission met February 1st, and by uniform votes of 8 to 7, decided all objections to the Electoral votes of Florida, Louisiana, South Carolina, and Oregon, in favor of the Republicans, and while the two Houses disagreed on nearly all of these points by strict party votes, the electoral votes were, under the provisions of the law, given to Hayes and Wheeler, | and the final result declared to be 185 electors for Hayes and Wheeler, to 184 for Tilden and Hendricks. Questions of eligibility had been raised against individual electors from Michigan, Nevada, Pennsylvania, Rhode Island, Vermont and Wisconsin, but the Commission did not sustain any of them, and as a rule they were unsupported by evidence. Thus closed the gravest crisis which ever attended an electoral count in this country, so far as the Nation was concerned; and while for some weeks the better desire to peacefully settle all differences prevailed, in a few weeks partisan bitterness was manifested on the part of a great majority of Northern Democrats, who believed their party had been deprived by a partisan spirit of its rightful President. J The Title of President Hayes. The uniform vote of 8 to 7 on all important propositions considered by the Electoral Commission, to their minds showed a partisan spirit, the existence of which it was difficult to deny. The action of the Republican" visiting statesmen "in Louisiana, in practically overthrowing the more radical Republicans accused the President of "slopping over." They did not allay the hostility of the Democratic party, and did not restore the feeling in the South to a condition better than that which it had shown during the exciting days of the Electoral count. The South then, under the lead of men like Stephens, Hill and Gordon, in the main showed every desire for a peaceful settlement. As a rule only the Border States and Northern Democrats manifested extreme distrust and bitterness, and these were plainly told by some of the leaders from the Gulf States, that so far as they were concerned, they had had enough of civil war, As late as April 22, 1877, the Maryland Legislature passed the following: Resolved by the General Assembly of Maryland, That the Attorney General of the State be, and he is hereby, instructed, in case Congress shall provide for expediting the action, to exhibit a bill in the Supreme Court of the United States, on behalf of the State of Maryland, with proper parties thereto, setting forth the fact that due effect has not been given to the electoral vote cast by this State on the 6th day of December, 1876, by reason of fraudulent returns made from other States and allowed to be counted provisionally by the Electoral Commission, and subject to judicial revision, and praying said court to make the revision contemplated by the act establishing said commission; and upon such revision to declare the returns from the States of Louisiana and Florida, which were counted for Rutherford B. Hayes and William A. Wheeler, fraudulent and void, and that the legal electoral votes of said States were cast for Samuel J. Tilden as President, and Thomas A. Hendricks as Vice President, and that by virtue thereof and of 184 votes cast by other States, of which 8 were cast by the State of Mary. land. the said Tilden and Hendricks were |