CHAPTER IV

ATTEMPT TO REOPEN THE QUESTION OF THE TITLE TO THE PRESIDENCY

IN general the determination of the title to the Presidency was acquiesced in in a manner highly creditable to the people. The Democratic Party submitted to their disappointment in a manner which was on the whole exceedingly praiseworthy. This was due very largely to the influence of Mr. Lamar, of Mississippi, and I suppose to that of Mr. Bayard, of Delaware. But there were not wanting persons who were willing to revive the question for political advantage, whatever the effect upon the public tranquillity. On May 13, 1878, when the President had been for more than a year in the quiet possession of his office, Mr. Clarkson N. Potter, of New York, introduced in the House of Representatives a resolution for the appointment of a Committee to investigate alleged frauds in the States of Louisiana and Florida, in the recent Presidential election. This resolution was adopted by the House, in which every possible parliamentary method for its defeat was resorted to by the Republican minority. The Republicans were exceedingly alarmed, and the proceeding seemed likely to create a financial panic which would disturb and injure the business of the country.

Shortly after Mr. Potter's committee was appointed, it was expected that a report would be made denying the validity of President Hayes's title, and that the Democratic House of Representatives would be advised to refuse to acknowledge him as President. This would have thrown the Government into great confusion and would have made a square issue. A caucus of Republican Senators was held, and the following gentlemen were appointed a Committee, with directions to report what action, if any, ought to be

taken by the Senate in the matter: Mr. Edmunds, Mr. Howe, Mr. Conkling, Mr. Allison, Mr. Sargent, Mr. Ingalls, Mr. Oglesby, Mr. Jones (of Nevada), Mr. Christiancy, Mr. Blaine, Mr. Hoar.

I was requested by my associates to prepare an address to the people, to be signed by the Republican Senators, arraigning the Democratic leaders for their unjustifiable and revolutionary course, and pointing out the public danger. The Committee had a second meeting, when I read to them the following address, which I had prepared and which I still have in my possession:

"Our sense of the presence of a great public danger makes it our duty to address you. We are satisfied that the leaders of the Democratic Party meditate an attack on the President's possession of his office, the results of which must be the destruction of the reviving industries of the country, civil confusion and war. There has been difference of opinion whether the count of the electoral vote, which under the Constitution determines the President's title must be made by the two House of Congress, or by the President of the Senate in their presence. In the count of electoral votes, which resulted in the declaration of the election of President Hayes, both methods concurred, the action of the two Houses being in accordance with a law regulating their proceedings, enacted in the last Congress to meet the case by large majorities of both branches. The title of President Hayes, therefore, not only rests upon the strongest possible Constitutional sanction, but the honor of both the great parties in the country is solemnly pledged to maintain it.

"Yet the Democratic majority in the House of Representatives has set on foot a proceeding, which they call an investigation, intended, if they can get control of the next Congress, to pave the way for the expulsion of President Hayes, and the seating of Mr. Tilden in his place. It will be the President's duty to maintain himself in office, and the duty of all good citizens to stand by him. The result is Civil War.

"We know that many Democratic Senators and Representatives disclaim in private the purpose we attribute to their leaders, and denounce the wickedness and folly of an attempt to set aside the accepted result of the last election of President. You doubtless know that many of your Democratic neighbors give you the same assurance. Be not lulled by these assurances into a false security. He is little familiar with the history of that party who does not know how its members follow in compact columns where its leaders point the way. Like assurances preceded the repeal of the Missouri Compromise. Like assurances on the part of many Democrats at the South preceded the late rebellion. Such convictions on the part of the Democrats, however honest or earnest, of the danger and dishonor of the proceedings just inaugurated found expression in but a single dissenting vote in the House of Representatives.

"They say that they believe that the result in two of the States was accomplished by fraud. We believe, on the other hand, that those States, and others whose votes were counted for Tilden, were strongly Republican, and would have been counted for Hayes without a question, but for violence and crime. The Constitution provides the time, place and manner in which these contentions must be settled. They have been so settled as between Hayes and Tilden, and it is only by usurpation and revolution that a subsequent Congress can undertake to reopen them. You know how easily party majorities persuade themselves, or affect to persuade themselves, of the existence of facts, which it is for their party interest to establish.

"At the end of his four years the President lays down his office, and his successor is chosen. The people have in their hands this frequent, easy and peaceful remedy for all evils of administration. The usurpation by Congress of the power to displace a President whenever they choose to determine that the original declaration of the result of an election was wrong, on whatever pretence it is defended, is a total overthrow of the Constitution.

"If you would ward off this blow at the national life, you

have one perfect means of defence, the election of a Republican majority in the next House of Representatives."

When they had all agreed to it, Mr. Conkling, a member of the Committee who had not attended the previous meeting, came in late. The document was read to him. He opposed the whole plan with great earnestness and indignation, spoke with great severity of President Hayes, and said that he hoped it would be the last time that any man in the United States would attempt to steal the Presidency. Mr. Conkling's influence in the Senate and in the country was then quite powerful. It was thought best not to issue the appeal unless it were to have the unanimous support of the Republicans. But the discovery of some cipher dispatches implicating some well-known persons, including one member of Mr. Tilden's household, in an attempt to bribe the canvassing boards in the South and to purchase some Republican electors in the South and one in Oregon, tended to make the leading members of that party sick of the whole matter. President Hayes served out his term peacefully and handed over the executive power, not only to a Republican successor, but to a member of the majority of the Electoral Commission. So it seems clear that the bulk of the American people had little sympathy with the complaints.

CHAPTER V

THE SENATE IN 1877

WHEN I came to the Senate that body was at the very 7 height of its Constitutional power. It was, I think, a more powerful body than ever before or since. There were no men in it, I suppose, who were equal in reputation or personal authority to either of the great triumvirate-Webster, Clay and Calhoun. If we may trust the traditions that have come down from the time of the Administrations of Washington and Adams, when the Senate sat with closed doors, none of them ever acquired the authority wielded by the profound sagacity of Ellsworth.

But the National authority itself, of which the Senate was a part, was restricted by the narrow construction which prevailed before the Civil War. During the Civil War everything was bowed and bent before the military power. After the war ended the Senate was engaged in a controversy with Andrew Johnson, during which there could be no healthy action either of the executive or the legislative branch of the Government. It was like a pair of shears, from which the rivet was gone.

With the coming in of Grant harmonious relations were established between the two departments. But the Senators were unwilling to part with the prerogatives, which they had helped each other to assert, and which had been wrenched from the feeble hand of Johnson. What was called Senatorial Courtesy required every Senator belonging to the party in the majority to support every other in demanding the right to dictate and control the executive and judicial appointments from their respective States. So every Senator had established a following, like that of the Highland chieftain "Vich Ian Vohr with his tail on"-devoted, of