rats.
Judge Davis was in the list of judges from the Supreme Court. His
sympathies, and perhaps his opinions, were with the Democratic Party,
and there was reason to apprehend that he might incline to act with the
Democratic members of the commission. After the passage of the bill
Judge Davis was chosen Senator from Illinois, and Judge Strong became
a member. Upon the pivotal questions the members acted upon their
political opinions, or, most certainly in accordance with them.

I voted for the bill upon the understanding that there was no specific
authority for such a proceeding. Indeed, the questions might have been
referred to the mayors of New York and Brooklyn, upon grounds equally
defensible in a legal point of view, although the tribunal selected was
much better qualified for the duty. Having agreed to the use of an
unconstitutional tribunal, or to an extra constitutional tribunal, I
had no qualms about accepting the result. Nor was I especially
gratified by the action of the commission. My connections with Mr.
Conkling led me to think that he had great doubts about the propriety
of the decision in the case of Louisiana, and that doubt may have led
him to avoid the vote in the Senate.

REVISION OF THE STATUTES OF THE UNITED STATES, 1878

As chairman of the Committee on the Revision of the Statutes, I framed
and reported the amendments to the Revised Statutes, which were
afterwards incorporated in the edition of 1878, which I prepared by
the appointment of President Hayes after my term in the Senate expired,
which was made probably, upon the recommendation of Attorney-General
Devens and without any solicitation on my part, or by any of my friends,
as far as I know.

The edition of 1878 contains references to every decision of the Supreme
Court down to and including volume 194. It contains a reference to the
decisions of the Supreme Court, all arranged and classified under the
various sections, articles and paragraphs of that instrument. In doing
this work I was compelled to read all the opinions of the Court from
the beginning of the Government, so far, at least, as to understand
the character of each opinion.

The preparation of the index was the work of months. Its value is great
and the credit is due to Chief Justice Richardson who not only aided me,
but he devised the plan and gave direction to the work as it went on.
It was our rule to index every provision under at least three heads,
and in ma