He
was much disappointed when it was found desirable that he
should take the Department of War instead of the Department
of Justice to which President Hayes originally intended to
invite him. He very gladly accepted the offer of a seat on
the Bench of the United States Circuit Court. He filled that
office with great credit, and it is highly probable would
have been promoted to the Supreme Court of the United States,
but for his untimely death.

He was the originator of the method of solution of the dispute
as to the title to the Presidency in 1876. It ought to be
said, however, that it was done in full consultation with
Mr. Blaine. I was then quite intimate with both of them,
and a member of the Committee in the House who reported the
plan. On the seventh day of December, 1876, at the beginning
of the winter session, after the election, Mr. McCrary offered
the following resolution. It was adopted.

"Whereas there are differences of opinion as to the proper
mode of counting the electoral votes for President and Vice-
President and as to the manner of determining questions that
may arise as to the legality and validity of returns made
of such votes by the several States;

"And whereas it is of the utmost importance that all differences
of opinion and all doubt and uncertainty upon these questions
should be removed, to the end that the votes may be counted
and the result declared by a tribunal whose authority none
can question and whose decision all will accept as final: Therefore,

"Resolved, That a committee of five members of this House
be appointed by the Speaker, to act in conjunction with any
similar committee that may be appointed by the Senate, to
prepare and report without delay such a measure, either legislative
or constitutional, as may in their judgment be best calculated
to accomplish the desired end, and that said committee have
leave to report at any time."

I do not know that a sketch of Richard W. Thompson, or Dick
Thompson, as he was familiarly and affectionately called,
properly finds a place in my autobiography. I knew him very
slightly. I dare say I visited the Navy Department in his
time. But I have now no recollection of it. I had a great
respect for him. He lived in the lifetime of every President
of the United States, except Washington, and I believe he
saw every one of them, except Washington, unless it may be
that he never saw Theodore Roosevelt. He was a very interesting