s a man of very warm sympathy. He liked to
give accounts of cases he had tried, sitting in equity, or
I think sometimes in divorce cases, where he had invented
a curious rule of law, or had stretched his discretion, to save
some poor widow, or wronged wife, or suffering orphan, a
share of an estate to which their legal title was in considerable
doubt. If he were led by his sympathies ever to be an unjust
Judge, at least the poor widow had no need to worry him by
her importunities. He avenged her speedily the first time.

He was a Republican before and during the War, and a steadfast
supporter of Lincoln's policies. His opinion had been in
general in support of the liberal construction of the Constitution,
under which the National powers had been exerted to put down
the Rebellion.

He was elected to the Senate after resigning his place on
the Supreme Court Bench, by a union of Democrats of the Illinois
Legislature with a few discontented Republicans, defeating
Logan. When he came to the Senate he preserved his position
as an Independent. He did not go into the caucuses of either
party. He had no sympathy with the more radical element among
the Democrats. Yet he liked to be considered a special representative
of the Labor Party in the country. I think he hoped that
there might be a union or coalition of the Democrats and Labor
men in the Presidential election of 1880, and that in that
way he would be elected President.

His seat was on the Republican side. When there was a division,
if he voted with the Republicans, he sat in his seat, or rose
in his seat if there was a rising vote; but when, as not unfrequently
happened, he voted with the Democrats, he always left his
seat and went over to the Democratic side of the Chamber,
and stood there until his name was called, or his vote counted.
As he passed Conkling one day in one of these movings, Conkling
called out, "Davis, do you get travel for all these journeys?"

When the Senate came together in special session, on Monday,
October 10, 1881, it was found that the Democrats had a majority
of two. One Senator only was present from Rhode Island, one
only from Nevada, and the two newly elected Senators from
New York had not been admitted to their seats. A motion of
Mr. Edmunds that the oath prescribed by law be administered
to the Senators from New York was laid on the table. On that
vote the Democrats had a majority of two, Mr. Davis voting
with the Repu