l L. Gibson from New Orleans, demanding the
passage of the bill; while Governor Vance of North Carolina, afterwards
elected senator, telegraphed that the North-Carolina Legislature had
almost unanimously passed resolutions in favor of it. The Democrats,
therefore, had in a remarkable degree concentrated their influence and
their votes in support of the measure.(4) It was fashioned precisely as
they desired it. They agreed to every line and every letter. They
agreed that a majority of the Commission, constituted as they ordained
it should be, might decide these questions, and when the final decision
was made they cried out in anger because it was not in Mr. Tilden's
favor. One of the ablest judges of the Supreme Court, Joseph P.
Bradley, has been made subject of unmerited censure because he decided
the points of law according to his own convictions (sustained by the
convictions of Justices Miller and Strong), and not according to the
convictions of Justices Clifford and Field.
The Democratic dissatisfaction was instinctive and inevitable. In the
very nature of things it is impossible _after an election_ to
constitute a Commission whose decisions will be accepted by both
political organizations as impartial. It is, or it certainly should
be, practicable to establish by law, before the election to which it
may first apply, a permanent mode of adjudicating disputed points in
the return of Presidential votes. Yet with the serious admonition of
1876, Congress has neglected the duty which may well be regarded as
the most important and most imperative that can devolve upon it. The
government of a Republic is left to all the chances of anarchy so long
as there is no mode established by law for determining the election
of its Chief Executive officer.
The disappointment of the Democratic masses continued after the
inauguration of President Hayes, and it took the form of a demand for
an investigation. It was not expected, of course, that any thing could
be done to affect the decision of the Electoral Commission, but the
friends of Mr. Tilden clamored for an exposure of Republican practices
in the Presidential campaign. The Democrats in Congress were less
eager for this course than the Democrats outside of Congress. It was
understood that personal and urgent requests--one coming from Mr.
Tilden himself--were necessary to induce Mr. Clarkson N. Potter to take
the lead by offering on the 13th of May, 1878, a resolution
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