nted for the selection of the commissioners.
As soon as it was announced that Justice Davis had been elected to the
Senate the Republican leaders in Congress insisted that he was no
longer eligible to a seat on the Electoral Commission. This was at first
strongly combated by the Democrats, who contended that the Justice was
only a Senator-elect, and that he did not cease to be a member of the
Court until he tendered his resignation as such; this he was neither
required nor expected to do until shortly before the beginning of his
term as a Senator. But the Republicans pressed their objections so
strongly that the Democrats were induced to yield the point, and Justice
Bradley was selected as the fifth Justice. Next to Davis, Bradley came
as near being an Independent as any member of the Court. Although he had
been appointed as a Republican by President Grant,--as had Justice Davis
by President Lincoln,--yet he had rendered several decisions which gave
the Democrats hope that he might give the deciding vote in their favor
and thus make Mr. Tilden President. In this they were disappointed; for
it turned out that the substitution of Bradley for Davis made Hayes
President of the United States. It would, perhaps, be unfair to say that
the decisions of the commission were rendered regardless of the
evidence, the law, and the arguments, yet it so happened that every
important point was decided by a strict party vote,--eight to seven.
In this connection it will not be out of place to refer to a scene that
was created on the Democratic side of the House by Hon. Ben. Hill, of
Georgia. Mr. Hill entered the House one afternoon, having just returned
from the Supreme Court Chamber, where the commission was in session. He
remarked to one of his colleagues in a low tone that he had just
returned from where the sessions of the commission were being held, and
that while there the important and valuable information had been
imparted to him that on a most vital point the Democrats could with
absolute certainty depend upon the vote of Mr. Justice Bradley.
"Can that be possible?" exclaimed his excited and highly elated
colleague.
"Yes," replied Mr. Hill, "there can be no doubt about it. I know whereof
I speak. It came to me through a source that cannot be questioned."
"Then wait until I can call several of our friends," replied his
colleague, "I want them to hear the good news at the same time it is
heard by me, so that we can rejoice
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