ation of its
decision, whatever that decision might be. To such a bargain I did not
care to be even an innocent party. My suspicions were strengthened by
the fact that the principal opposition among Democrats to the creation
of the commission and to the ratification of its decision came from
northern Democrats. Southern Democrats, with a few notable exceptions,
not only favored the creation of the commission and the ratification of
its decision, but even the fiery Watterson was induced to hold his peace
and to give expression to his righteous indignation through the medium
of a silent vote. That my suspicions were well founded subsequents
events more than demonstrated. I took the position that Mr. Hayes had
been legally elected, at least according to the forms of law and in the
manner prescribed by the Constitution,--and that he should, therefore,
be duly inaugurated even if it should be necessary for President Grant,
as Commander-in-chief of the Army, to use the military force of the
Government for that purpose. I contended that, having been thus legally
elected, Hayes should not be subjected to the chance of losing his title
to the office and that the incoming President should not be bound by
any ante-inauguration pledges, which, in the opinion of some, would have
a tendency to cast a cloud upon his title to the office. But the bill
was passed and the commission was duly appointed.

At this point the game of chance turned in favor of the Republicans. It
was generally understood that Justice David Davis, of Illinois, would be
the fifth Justice to be placed on the commission. He was said to be an
Independent,--the only member of the Supreme Court that could be thus
classed politically. But, in point of fact, he was more of a Democrat
than an Independent. Had he been made a member of the commission it is
more than probable that Mr. Tilden, and not Mr. Hayes, would have been
made President. The Legislature of Illinois was at that time engaged in
an effort to elect a United States Senator. The Legislature was composed
of about an equal number of Republicans and Democrats,--three
Independents holding the balance of power. The Independents at length
presented the name of Justice David Davis as their choice for Senator.
In order to make sure of the defeat of a Republican, the Democrats
joined the Independents in the support of Justice Davis, which resulted
in his election. This took place only a few days before the time
appoi