d two
Republicans, while the Bill itself appointed Justices Clifford,
Miller, Field, and Strong, a majority of whom were authorised to
select a fifth justice.[1534]

[Footnote 1533: Upon this committee Conkling was substituted in place
of Logan, detained at home. Abram S. Hewitt was one of the House
appointees.]

[Footnote 1534: Clifford and Field were accounted Democrats, and Miller
and Strong, Republicans.]

When doubt as to the three Southern States precipitated itself into
the result of the election, Tilden exhibited characteristic diligence
and secrecy. He avoided public statements, but he scrutinised the
returns with the acumen exhibited in securing the Tweed evidence, and
left no flaw unchallenged in the title of his opponent. After the
action of the canvassing boards he contended that the joint rule of
1865 must govern, and in the study of the subject he devoted more than
a month to the preparation of a complete history of electoral counts,
showing it to have been the unbroken usage for Congress and not the
President of the Senate to count the vote.[1535] Moreover, early in the
session of Congress he prepared two resolutions which raised the
issue, and urged his friends in the leadership of the House to take no
further step until the great constitutional battle had been fought
along that line, assuring them of his readiness to accept all the
responsibility of the outcome. To appraise the country of the
strength of this position he also prepared an extended brief which
Governor Robinson incorporated as a part of his inaugural message on
January 1, 1877.[1536]

[Footnote 1535: Bigelow, _Life of Tilden_, Vol. 2, p. 60.]

[Footnote 1536: Bigelow, _Life of Tilden_, pp. 67-74.]

Tilden first learned of the proposed Electoral Commission Bill on
January 14. Abram S. Hewitt brought the information, saying that
Bayard and Thurman of the Senate, being absolutely committed to it,
would concur in reporting it whatever Tilden's action.[1537] Tilden,
resenting the secrecy of its preparation as unwise and essentially
undemocratic, declined to give it his approval.[1538] In his later
telegrams to Hewitt he expressed the belief that "We should stand on
the Constitution and the settled practice;" that "the other side,
having no way but by usurpation, will have greater troubles than we,
unless relieved by some agreement;" that "the only way of getting
accessions in the Senate is by the House standing firm;" that "we are
ov