Tallahassee, November 9, 1876.
A. S. Hewitt, New York:

“Comply if possible with my telegram.

“Geo. P. Rarey.”

Also the following:

Tallahassee, December 1, 1876.
W. T. Pelton, New York:

“Answer Mac’s dispatch immediately, or we will be embarrassed at a critical time.

Wilkinson Call.

Also the following:

Tallahassee, December 4, 1876.
W. T. Pelton:

“Things culminating here. Answer Mac’s despatch to-day.

W. Call.

And also the facts connected with all telegraphic dispatches between one John F. Coyle and said Pelton, under the latters real or fictitious name, and with any and all demands for money on or about December 1, 1876, from said Tallahassee, on said Pelton, or said Hewitt, or with any attempt to corrupt or bribe any official of the said State of Florida by any person acting for said Pelton, or in the interest of Samuel J. Tilden as a presidential candidate.

Also to investigate the charges of intimidation at Lake City, in Columbia county, where Joel Niblack and other white men put ropes around the necks of colored men and proposed to hang them, but released them on their promise to join a Democratic club and vote for Samuel J. Tilden.

Also the facts of the election in Jackson county, where the ballot-boxes were kept out of the sight of voters, who voted through openings or holes six feet above the ground, and where many more Republican votes were thus given into the hands of the Democratic inspectors than were counted or returned by them.

Also the facts of the election in Waldo precinct, in Alachua county, where the passengers on an emigrant-train, passing through on the day of election, were allowed to vote.

Also the facts of the election in Manatee county, returning 235 majority for the Tilden electors, where there were no county officers, no registration, no notice of the election, and where the Republican party, therefore, did not vote.

Also the facts of the election in the third precinct of Key West, giving 342 Democratic majority where the Democratic inspector carried the ballot-box home, and pretended to count the ballots on the next day, outside of the precinct and contrary to law.

Also the facts of the election in Hamilton, where the election officers exercised no control over the ballot-box, but left it in unauthorized hands, that it might be tampered with.

Also the reasons why the Attorney General of the State, Wm. Archer Cocke, as a member of the Canvassing Board, officially advised the board, and himself voted, to exclude the Hamilton county and Key West precinct returns, thereby giving, in any event, over 500 majority to the Republican electoral ticket, and afterwards protested against the result which he had voted for, and whether or not said Cocke was afterward rewarded for such protest by being made a State Judge.

OREGON.

And that said committee is further instructed and directed to investigate into all the facts connected with an alleged attempt to secure one electoral vote in the State of Oregon for Samuel J. Tilden for President of the United States, and Thomas A. Hendricks for Vice-President, by unlawfully setting up the election of E. A. Cronin as one of such presidential electors elected from the State of Oregon on the 7th of November, the candidates for the presidential electors on the two tickets being as follows:

On the Republican ticket: W. C. Odell, J. C. Cartwright, and John W. Watts.

On the Democratic ticket; E. A. Cronin, W. A. Laswell, and Henry Klippel.

The votes received by each candidate, as shown by the official vote as canvassed, declared, and certified to by the Secretary of State under the seal of the State,—the Secretary being under the laws of Oregon sole canvassing officer, as will be shown hereafter,—being as follows:

W. K. Odell received 15,206 votes
John C. Cartwright received 15,214
John W. Watts received 15,206
E. A. Cronin received 14,157
W. A. Laswell received 14,149
Henry Klippel received 14,136

And by the unlawful attempt to bribe one of said legally elected electors to recognize said Cronin as an elector for President and Vice-President, in order that one of the electoral votes of said State might be cast for said Samuel J. Tilden as President and for Thomas A. Hendricks as Vice-President; and especially to examine and inquire into all the facts relating to the sending of money from New York to some place in said Oregon for the purposes of such bribery, the parties sending and receiving the same, and their relations to and agency for said Tilden, and more particularly to investigate into all the circumstances attending the transmission of the following telegraphic despatches:

Portland, Oregon, Nov. 14, 1876.
“Gov. L. F. Grover:

“Come down to-morrow if possible.

W. H. Effinger,
A. Noltner,
C. P. Bellinger.”
Portland, November 16, 1876.
“To Gov. Grover, Salem:

“We want to see you particularly on account of despatches from the East.

William Strong,
C. P. Bellinger,
S. H. Reed,
W. W. Thayer,
C. E. Bronaugh.”

Also the following cipher despatch sent from Portland, Oregon, on the 28th day of November, 1876, to New York City:

Portland, November 28, 1876.
“To W. T. Pelton, No. 15 Gramercy Park, New York:

“By vizier association innocuous negligence cunning minutely previously readmit doltish to purchase afar act with cunning afar sacristy unweighed afar pointer tigress cattle superannuated syllabus dilatoriness misapprehension contraband Kountz bisulcuous top usher spiniferous answer.

J. H. N. Patrick.

“I fully endorse this.

James K. Kelly.

Of which, when the key was discovered, the following was found to be the true intent and meaning:

Portland, November 28, 1876.
“To W. T. Pelton, No. 15 Gramercy Park, New York:

“Certificate will be issued to one Democrat. Must purchase a Republican elector to recognize and act with Democrats and secure the vote and prevent trouble. Deposit $10,000 to my credit with Kountz Brothers, Wall Street. Answer.

J. H. N. Patrick.

“I fully endorse this.

James K. Kelly.

Also the following:

New York, November 25, 1876.
A. Bush, Salem:

“Use all means to prevent certificate. Very important.

C. E. Tilton.

Also the following:

December 1, 1876.
“To Hon. Sam. J. Tilden, No. 15 Gramercy Park, New York:

“I shall decide every point in the case of post-office elector in favor of the highest Democratic elector, and grant certificate accordingly on morning of 6th instant. Confidential.

Governor.”

Also the following:

San Francisco, December 5.
Ladd & Bush, Salem:

“Funds from New York will be deposited to your credit here to-morrow when bank opens. I know it. Act accordingly. Answer.

W. C. Griswold.

Also the following, six days before the foregoing:

New York, November 29, 1876.
“To J. H. N. Patrick, Portland, Oregon:

“Moral hasty sideral vizier gabble cramp by hemistic welcome licentiate muskeete compassion neglectful recoverable hathouse live innovator brackish association dime afar idolator session hemistic mitre.”

[No signature.]

Of which the interpretation is as follows:

New York, November 29, 1876.
“To J. H. N. Patrick, Portland, Oregon:

“No. How soon will Governor decide certificate? If you make obligation contingent on the result in March, it can be done, and slightly if necessary.”

[No signature.]

Also the following, one day later:

Portland, November 30, 1876.
“To W. T. Pelton, No. 15 Gramercy Park, New York:

“Governor all right without reward. Will issue certificate Tuesday. This is a secret. Republicans threaten if certificate issued to ignore Democratic claims and fill vacancy, and thus defeat action of Governor. One elector must be paid to recognize Democrat to secure majority. Have employed three lawyers, editor of only Republican paper as one lawyer, fee $3,000. Will take $5,000 for Republican elector; must raise money; can’t make fee contingent. Sail Saturday. Kelly and Bellinger will act. Communicate with them. Must act promptly.”

[No signature].

Also the following:

San Francisco, December 5, 1876.
“To Kountze Bros., No. 12 Wall St., New York:

“Has my account credit by any funds lately? How much?

J. H. N. Patrick.

Also the following:

New York, December 6.
J. H. N. Patrick, San Francisco:

“Davis deposited eight thousand dollars December first.

Kountze Bros.

Also the following:

San Francisco, December 6.
“To James K. Kelly:

“The eight deposited as directed this morning. Let no technicality prevent winning. Use your discretion.”

[No signature.]

And the following:

New York, December 6.
Hon. Jas. K. Kelly:

“Is your matter certain? There must be no mistake. All depends on you. Place no reliance on any favorable report from three southward. Sonetter. Answer quick.”

[No signature.]

Also the following:

December 6, 1876.
“To Col. W. T. Pelton, 15 Gramercy Park, N. Y.:

“Glory to God! Hold on to the one vote in Oregon! I have one hundred thousand men to back it up!

Corse.

And said committee is further directed to inquire into and bring to light, so far as it may be possible, the entire correspondence and conspiracy referred to in the above telegraphic despatches, and to ascertain what were the relations existing between any of the parties sending or receiving said despatches and W. T. Pelton, of New York, and also what relations existed between said W. T. Pelton and Samuel J. Tilden, of New York.

April 15, 1878, Mr. Kimmel introduced a bill, which was never finally acted upon, to provide a mode for trying and determining by the Supreme Court of the United States the title of the President and Vice-President of the United States to take their respective offices when their election to such offices is denied by one or more of the States of the Union.

The question of the title of President was finally settled June 14, 1878, by the following report of the House Judiciary Committee:

Report of the Judiciary Committee.

June 14—Mr. Hartridge, from the Committee on the Judiciary, made the following report:

The Committee on the Judiciary, to whom were referred the bill (H. R. No. 4315) and the resolutions of the Legislature of the State of Maryland directing judicial proceedings to give effect to the electoral vote of that State in the last election of President and Vice-President of the United States, report back said bill and resolutions with a recommendation that the bill do not pass.

Your committee are of the opinion that Congress has no power, under the Constitution, to confer upon the Supreme Court of the United States the original jurisdiction sought for it by this bill. The only clause of the Constitution which could be plausibly invoked to enable Congress to provide the legal machinery for the litigation proposed, is that which gives the Supreme Court original jurisdiction in “cases” or “controversies” between a State and the citizens of another State. The committee are of the opinion that this expression “cases” and “controversies” was not intended by the framers of the Constitution to embrace an original proceeding by a State in the Supreme Court of the United States to oust any incumbent from a political office filled by the declaration and decision of the two Houses of Congress clothed with the constitutional power to count the electoral votes and decide as a final tribunal upon the election for President and Vice-President. The Forty-fourth Congress selected a commission to count the votes for President and Vice-President, reserving to itself the right to ratify or reject such count, in the way prescribed in the act creating such commission. By the joint action of the two Houses it ratified the count made by the commission, and thus made it the expression of its own judgment.

All the Departments of the Federal Government, all the State governments in their relations to Federal authority, foreign nations, the people of the United States, all the material interests and industries of the country, have acquiesced in, and acted in accordance with, the pronounced finding of that Congress. In the opinion of this committee, the present Congress has no power to undo the work of its predecessor in counting the electoral vote, or to confer upon any judicial tribunal the right to pass upon and perhaps set aside the action of that predecessor in reference to a purely political question, the decision of which is confided by the Constitution in Congress.

But apart from these fundamental objections to the bill under consideration, there are features and provisions in it which are entirely impracticable. Your committee can find no warrant of authority to summon the chief justices of the supreme courts of the several States to sit at Washington as a jury to try any case, however grave and weighty may be its nature. The right to summon must carry with it the power to enforce obedience to the mandate, and the Committee can see no means by which the judicial officers of a State can be compelled to assume the functions of jurors in the Supreme Court of the United States.

There are other objections to the practical working of the bill under consideration, to which we do not think it necessary to refer.

It may be true that the State of Maryland has been, in the late election for President and Vice-President deprived of her just and full weight in deciding who were legally chosen, by reason of frauds perpetrated by returning boards in some of the States. It may also be true that these fraudulent acts were countenanced or encouraged or participated in by some who now enjoy high offices as the fruit of such frauds. It is due to the present generation of the people of this country and their posterity, and to the principles on which our Government is founded, that all evidence tending to establish the fact of such fraudulent practices should be calmly, carefully, and rigorously examined.

But your committee are of the opinion that the consequence of such examination, if it discloses guilt upon the part of any in high official position, should not be an effort to set aside the judgment of a former Congress as to the election of a President and Vice-President, but should be confined to the punishment, by legal and constitutional means, of the offenders, and to the preservation and perpetuation of the evidences of their guilt, so that the American people may be protected from a recurrence of the crime.

Your committee, therefore, recommend the adoption of the accompanying resolution:

Resolved, That the two Houses of the Forty-fourth Congress having counted the votes cast for President and Vice-President of the United States, and having declared Rutherford B. Hayes to be elected President, and William A. Wheeler to be elected Vice-President, there is no power in any subsequent Congress to reverse that declaration, nor can any such power be exercised by the courts of the United States, or any other tribunal that Congress can create under the Constitution.


We agree to the foregoing report so far as it states the reasons for the resolution adopted by the committee, but dissent from the concluding portion, as not having reference to such reasons, as not pertinent to the inquiry before us, and as giving an implied sanction to the propriety of the pending investigation ordered by a majority vote of the House of Representatives, to which we were and are opposed.

Wm. P. Frye.
O. D. Conger.
E. G. Lapham.

Leave was given to Mr. Knott to present his individual views, also to Mr. Butler (the full committee consisting of Messrs. Knott, Lynde, Harris, of Virginia, Hartridge, Stenger, McMahon, Culberson, Frye, Butler, Conger, Lapham.)

The question being on the resolution reported by the committee, it was agreed to—yeas 235, nays 14, not voting 42.

The Hayes Administration.

It can be truthfully said that from the very beginning the administration of President Hayes had not the cordial support of the Republican party, nor was it solidly opposed by the Democrats, as was the last administration of General Grant. His early withdrawal of the troops from the Southern States,—and it was this withdrawal and the suggestion of it from the “visiting statesmen” which overthrew the Packard government in Louisiana,—embittered the hostility of many radical Republicans. Senator Conkling was conspicuous in his opposition, as was Logan of Illinois; and when he reached Washington, the younger Senator Cameron, of Pennsylvania. It was during this administration, and because of its conservative tendencies, that these three leaders formed the purpose to bring Grant again to the Presidency. Yet the Hayes administration was not always conservative, and many Republicans believed that its moderation had afforded a much needed breathing spell to the country. Toward its close all became better satisfied, the radical portion by the President’s later efforts to prevent the intimidation of negro voters in the South, a form of intimidation which was now accomplished by means of rifle clubs, still another advance from the White League and the Ku Klux. He made this a leading feature in his annual message to the Congress which began December 2d, 1878, and by a virtual abandonment of his earlier policy he succeeded in reuniting what were then fast separating wings of his own party. The conference report on the Legislative Appropriation Bill was adopted by both Houses June 18th, and approved the 21st. The Judicial Expenses Bill was vetoed by the President June 23d, on the ground that it would deprive him of the means of executing the election laws. An attempt on the part of the Democrats to pass the Bill over the veto failed for want of a two-thirds vote, the Republicans voting solidly against it. June 26th the vetoed bill was divided, the second division still forbidding the pay of deputy marshals at elections. This was again vetoed, and the President sent a special message urging the necessity of an appropriation to pay United States marshals. Bills were accordingly introduced, but were defeated. This failure to appropriate moneys called for continued until the end of the session. The President was compelled, therefore, to call an extra session, which he did March 19th, 1879, in words which briefly explain the cause:—

THE EXTRA SESSION OF 1879.

“The failure of the last Congress to make the requisite appropriation for legislative and judicial purposes, for the expenses of the several executive departments of the Government, and for the support of the Army, has made it necessary to call a special session of the Forty-sixth Congress.

“The estimates of the appropriations needed, which were sent to Congress by the Secretary of the Treasury at the opening of the last session, are renewed, and are herewith transmitted to both the Senate and the House of Representatives.

“Regretting the existence of the emergency which requires a special session of Congress at a time when it is the general judgment of the country that the public welfare will be best promoted by permanency in our legislation, and by peace and rest, I commend these few necessary measures to your considerate attention.”

By this time both Houses were Democratic. In the Senate there were 42 Democrats, 33 Republicans and 1 Independent (David Davis). In the House 149 Democrats, 130 Republicans, and 14 Nationals—a name then assumed by the Greenbackers and Labor-Reformers. The House passed the Warner Silver Bill, providing for the unlimited coinage of silver, the Senate Finance Committee refused to report it, the Chairman, Senator Bayard, having refused to report it, and even after a request to do so from the Democratic caucus,—a course of action which heralded him every where as a “hard-money” Democrat.

The main business of the extra session was devoted to the consideration of the Appropriation Bills which the regular session had failed to pass. On all of these the Democrats added “riders” for the purpose of destroying Federal supervision of the elections, and all of these political riders were vetoed by President Hayes. The discussions of the several measures and the vetoes were highly exciting, and this excitement cemented afresh the Republicans, and caused all of them to act in accord with the administration. The Democrats were equally solid, while the Nationals divided—Forsythe, Gillette, Kelley, Weaver, and Yocum generally voting with the Republicans; De La Matyr, Stevenson, Ladd and Wright with the Democrats.

President Hayes, in his veto of the Army Appropriation Bill, said:

“I have maturely considered the important questions presented by the bill entitled ‘An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1880, and for other purposes,’ and I now return it to the House of Representatives, in which it originated, with my objections to its approval.

“The bill provides, in the usual form, for the appropriations required for the support of the Army during the next fiscal year. If it contained no other provisions, it would receive my prompt approval. It includes, however, further legislation, which, attached as it is to appropriations which are requisite for the efficient performance of some of the most necessary duties of the Government, involves questions of the gravest character. The sixth section of the bill is amendatory of the statute now in force in regard to the authority of persons in the civil, military and naval service of the United States ‘at the place where any general or special election is held in any State.’ This statute was adopted February 25, 1865, after a protracted debate in the Senate, and almost without opposition in the House of Representatives, by the concurrent votes of both of the leading political parties of the country, and became a law by the approval of President Lincoln. It was re-enacted in 1874 in the Revised Statutes of the United States, sections 2002 and 5528.


“Upon the assembling of this Congress, in pursuance of a call for an extra session, which was made necessary by the failure of the Forty-fifth Congress to make the needful appropriations for the support of the Government, the question was presented whether the attempt made in the last Congress to engraft, by construction, a new principle upon the Constitution should be persisted in or not. This Congress has ample opportunity and time to pass the appropriation bills, and also to enact any political measures which may be determined upon in separate bills by the usual and orderly methods of proceeding. But the majority of both Houses have deemed it wise to adhere to the principles asserted and maintained in the last Congress by the majority of the House of Representatives. That principle is that the House of Representatives has the sole right to originate bills for raising revenue, and therefore has the right to withhold appropriations upon which the existence of the Government may depend, unless the Senate and the President shall give their assent to any legislation which the House may see fit to attach to appropriation bills. To establish this principle is to make a radical, dangerous, and unconstitutional change in the character of our institutions. The various Departments of the Government, and the Army and Navy, are established by the Constitution, or by laws passed in pursuance thereof. Their duties are clearly defined, and their support is carefully provided for by law. The money required for this purpose has been collected from the people, and is now in the Treasury, ready to be paid out as soon as the appropriation bills are passed. Whether appropriations are made or not, the collection of the taxes will go on. The public money will accumulate in the Treasury. It was not the intention of the framers of the Constitution that any single branch of the Government should have the power to dictate conditions upon which this treasure should be applied to the purpose for which it was collected. Any such intention, if it had been entertained, would have been plainly expressed in the Constitution.”

The vote in the House on this Bill, notwithstanding the veto, was 148 for to 122 against—a party vote, save the division of the Nationals, previously given. Not receiving a two-thirds vote, the Bill failed.

The other appropriation bills with political riders shared the same fate, as did the bill to prohibit military interference at elections, the modification of the law touching supervisors and marshals at congressional elections, etc. The debates on these measures were bitterly partisan in their character, as a few quotations from the Congressional Record will show:

The Republican view was succinctly and very eloquently stated by General Garfield, when, in his speech of the 29th of March, 1879, he said to the revolutionary Democratic House:

“The last act of Democratic domination in this Capitol, eighteen years ago, was striking and dramatic, perhaps heroic. Then the Democratic party said to the Republicans, ‘If you elect the man of your choice as President of the United States we will shoot your Government to death;’ and the people of this country, refusing to be coerced by threats or violence, voted as they pleased, and lawfully elected Abraham Lincoln President of the United States.

“Then your leaders, though holding a majority in the other branch of Congress, were heroic enough to withdraw from their seats and fling down the gage of mortal battle. We called it rebellion; but we recognized it as courageous and manly to avow your purpose, take all the risks, and fight it out on the open field. Notwithstanding your utmost efforts to destroy it, the Government was saved. Year by year since the war ended, those who resisted you have come to believe that you have finally renounced your purpose to destroy, and are willing to maintain the Government. In that belief you have been permitted to return to power in the two Houses.

“To-day, after eighteen years of defeat, the book of your domination is again opened, and your first act awakens every unhappy memory and threatens to destroy the confidence which your professions of patriotism inspired. You turned down a leaf of the history that recorded your last act of power in 1861, and you have now signalized your return to power by beginning a second chapter at the same page; not this time by a heroic act that declares war on the battle-field, but you say if all the legislative powers of the Government do not consent to let you tear certain laws out of the statute book, you will not shoot our Government to death as you tried to do in the first chapter; but you declare that if we do not consent against our will, if you cannot coerce an independent branch of this Government against its will, to allow you to tear from the statute books some laws put there by the will of the people, you will starve the Government to death. [Great applause on the Republican side.]

“Between death on the field and death by starvation, I do not know that the American people will see any great difference. The end, if successfully reached, would be death in either case. Gentlemen, you have it in your power to kill this Government; you have it in your power, by withholding these two bills, to smite the nerve-centres of our Constitution with the paralysis of death; and you have declared your purpose to do this, if you cannot break down that fundamental element of free consent which up to this hour has always ruled in the legislation of this Government.”

The Democratic view was ably given by Representative Tucker of Virginia, April 3, 1879: “I tell you, gentlemen of the House of Representatives, the Army dies on the 30th day of June, unless we resuscitate it by legislation. And what is the question here on this bill? Will you resuscitate the Army after the 30th of June, with the power to use it as keepers of the polls? That is the question. It is not a question of repeal. It is a question of re-enactment. If you do not appropriate this money, there will be no Army after the 30th of June to be used at the polls. The only way to secure an Army at the polls is to appropriate the money. Will you appropriate the money for the Army in order that they may be used at the polls? We say no, a thousand times no. * * * The gentlemen on the other side say there must be no coercion. Of whom? Of the President? But what right has the President to coerce us? There may be coercion one way or the other. He demands an unconditional supply. We say we will give him no supply but upon conditions. * * * When, therefore, vicious laws have fastened themselves upon the statute book which imperil the liberty of the people, this House is bound to say it will appropriate no money to give effect to such laws until and except upon condition that they are repealed. [Applause on the Democratic side.] * * * We will give him the Army on a single condition that it shall never be used or be present at the polls when an election is held for members of this House, or in any presidential election, or in any State or municipal election. * * * Clothed thus with unquestioned power, bound by clear duty, to expunge these vicious laws from the statute book, following a constitutional method sanctioned by venerable precedents in English history, we feel that we have the undoubted right, and are beyond cavil in the right, in declaring that with our grant of supply there must be a cessation of these grievances, and we make these appropriations conditioned on securing a free ballot and fair juries for our citizens.”

The Senate, July 1, passed the House bill placing quinine on the free list.

The extra session finally passed the Appropriation bills without riders, and adjourned July 1st, 1879, with the Republican party far more firmly united than at the beginning of the Hayes administration. The attempt on the part of the Democrats to pass these political riders, and their threat, in the words of Garfield, who had then succeeded Stevens and Blaine as the Republican Commoner of the House, reawakened all the partisan animosities which the administration of President Hayes had up to that time allayed. Even the President caught its spirit, and plainly manifested it in his veto messages. It was a losing battle to the Democrats, for they had, with the view not to “starve the government,” to abandon their position, and the temporary demoralization which followed bridged over the questions pertaining to the title of President Hayes, overshadowed the claims of Tilden, and caused the North to again look with grave concern on the establishment of Democratic power. If it had not been for this extra session, it is asserted and believed by many, the Republicans could not have so soon gained control of the lower House, which they did in the year following; and that the plan to nominate General Hancock for the Presidency, which originated with Senator Wallace of Pennsylvania, could not have otherwise succeeded if Tilden’s cause had not been kept before his party, unclouded by an extra session which was freighted with disaster to the Democratic party.

The Negro Exodus.

During this summer political comment, long after adjournment, was kept active by a great negro exodus from the South to the Northwest, most of the emigrants going to Kansas. The Republicans ascribed this to ill treatment, the Democrats to the operations of railroad agents. The people of Kansas welcomed them, but other States, save Indiana, were slow in their manifestations of hospitality, and the exodus soon ceased for a time. It was renewed in South Carolina in the winter of 1881–82, the design being to remove to Arkansas, but at this writing it attracts comparatively little notice. The Southern journals generally advise more liberal treatment of the blacks in matters of education, labor contracts, etc., while none of the Northern or Western States any longer make efforts to get the benefit of their labor, if indeed they ever did.

Closing Hours of the Hayes Administration.

At the regular session of Congress, which met December 1st, 1879, President Hayes advised Congress against any further legislation in reference to coinage, and favored the retirement of the legal tenders.

The most important political action taken at this session was the passage, for Congress was still Democratic, of a law to prevent the use of the army to keep the peace at the polls. To this was added the Garfield proviso, that it should not be construed to prevent the Constitutional use of the army to suppress domestic violence in a State—a proviso which in the view of the Republicans rid the bill of material partisan objections, and it was therefore passed and approved. The “political riders” were again added to the Appropriation and Deficiency bills, but were again vetoed and failed in this form to become laws. Upon these questions President Hayes showed much firmness. During the session the Democratic opposition to the General Election Law was greatly tempered, the Supreme Court having made an important decision, which upheld its constitutionality. Like all sessions under the administration of President Hayes and since, nothing was done to provide permanent and safe methods for completing the electoral count. On this question each party seemed to be afraid of the other. The session adjourned June 16th, 1880.

The second session of the 46th Congress began December 1st, 1880. The last annual message of President Hayes recommended the earliest practicable retirement of the legal-tender notes, and the maintenance of the present laws for the accumulation of a sinking fund sufficient to extinguish the public debt within a limited period. The laws against polygamy, he said, should be firmly and effectively executed. In the course of a lengthy discussion of the civil service the President declared that in his opinion “every citizen has an equal right to the honor and profit of entering the public service of his country. The only just ground of discrimination is the measure of character and capacity he has to make that service most useful to the people. Except in cases where, upon just and recognized principles, as upon the theory of pensions, offices and promotions are bestowed as rewards for past services, their bestowal upon any theory which disregards personal merit is an act of injustice to the citizen, as well as a breach of that trust subject to which the appointing power is held. Considerable space was given in the Message to the condition of the Indians, the President recommending the passage of a law enabling the government to give Indians a title-fee, inalienable for twenty-five years, to the farm lands assigned to them by allotment. He also repeats the recommendation made in a former message that a law be passed admitting the Indians who can give satisfactory proof of having by their own labor supported their families for a number of years, and who are willing to detach themselves from their tribal relations, to the benefit of the Homestead Act, and authorizing the government to grant them patents containing the same provision of inalienability for a certain period.

The Senate, on the 19th, appointed a committee of five to investigate the causes of the recent negro exodus from the South. On the same day a committee was appointed by the House to examine into the subject of an inter-oceanic ship-canal.

The payment of the award of the Halifax Fisheries Commission—$5,500,000—to the British government was made by the American minister in London, November 23, 1879, accompanied by a communication protesting against the payment being understood as an acquiescence in the result of the Commission “as furnishing any just measure of the value of a participation by our citizens in the inshore fisheries of the British Provinces.”

On the 17th of December 1879, gold was sold in New York at par. It was first sold at a premium January 13, 1862. It reached its highest rate, $2.85, July 11, 1864.

The electoral vote was counted without any partisan excitement or disagreement. Georgia’s electoral college had met on the second instead of the first Wednesday of December, as required by the Federal law. She actually voted under her old Confederate law, but as it could not change the result, both parties agreed to the count of the vote of Georgia “in the alternative,” i. e.—“if the votes of Georgia were counted the number of votes for A and B. for President and Vice-President would be so many, and if the votes of Georgia were not counted, the number of votes for A and B. for President and Vice-President would be so many, and that in either case A and B are elected.”

Among the bills not disposed of by this session were the electoral count joint rule; the funding bill; the Irish relief bill; the Chinese indemnity bill; to restrict Chinese immigration; to amend the Constitution as to the election of President; to regulate the pay and number of supervisors of election and special deputy marshals; to abrogate the Clayton-Bulwer Treaty; to prohibit military interference at elections; to define the terms of office of the Chief Supervisors of elections; for the appointment of a tariff commission; the political assessment bill; the Kellogg-Spofford case; and the Fitz-John Porter bill.

The regular appropriation bills were all completed. The total amount appropriated was about $186,000,000. Among the special sums voted were $30,000 for the centennial celebration of the Yorktown victory, and $100,000 for a monument to commemorate the same.

Congress adjourned March 3d, 1881, and President Hayes on the following day retired from office. The effect of his administration was, in a political sense, to strengthen a growing independent sentiment in the ranks of the Republicans—an element more conservative generally in its views than those represented by Conkling and Blaine. This sentiment began with Bristow, who while in the cabinet made a show of seeking out and punishing all corruptions in government office or service. On this platform and record he had contested with Hayes the honors of the Presidential nominations, and while the latter was at the time believed to well represent the same views, they were not urgently pressed during his administration. Indeed, without the knowledge of Hayes, what is believed to be a most gigantic “steal,” and which is now being prosecuted under the name of the Star Route cases, had its birth, and thrived so well that no important discovery was made until the incoming of the Garfield administration. The Hayes administration, it is now fashionable to say, made little impress for good or evil upon the country, but impartial historians will give it the credit of softening party asperities and aiding very materially in the restoration of better feeling between the North and South. Its conservatism, always manifested save on extraordinary occasions, did that much good at least.

The Campaign of 1880.

The Republican National Convention met June 5th, 1880, at Chicago, in the Exposition building, capable of seating 20,000 people. The excitement in the ranks of the Republicans was very high, because of the candidacy of General Grant for what was popularly called a “third term,” though not a third consecutive term. His three powerful Senatorial friends, in the face of bitter protests, had secured the instructions of their respective State Conventions for Grant. Conkling had done this in New York, Cameron in Pennsylvania, Logan in Illinois, but in each of the three States the opposition was so impressive that no serious attempts were made to substitute other delegates for those which had previously been selected by their Congressional districts. As a result there was a large minority in the delegations of these States opposed to the nomination of General Grant, and the votes of them could only be controlled by the enforcement of the unit rule. Senator Hoar of Massachusetts, the President of the Convention, decided against its enforcement, and as a result all of the delegates were free to vote upon either State or District instructions, or as they chose. The Convention was in session three days. We present herewith the

BALLOTS.

Ballots. 1 2 3 4 5 6
Grant, 304 305 305 305 305 305
Blaine, 284 282 282 281 281 281
Sherman, 93 94 93 95 95 95
Edmunds, 34 32 32 32 32 31
Washburne, 30 32 31 31 31 31
Windom, 10 10 10 10 10 10
Garfield,   1 1 1 2 2
Harrison,   1        
Ballots. 7 8 9 10 11 12
Grant, 305 306 308 305 305 304
Blaine, 281 284 282 282 281 283
Sherman, 94 91 90 91 62 93
Edmunds, 32 31 31 30 31 31
Washburne, 31 32 32 22 32 33
Windom, 10 10 10 10 10 10
Garfield, 1 1 1 2 2 1
Hayes,         1 2
Ballots, 13 14 15 16 17 18
Grant, 305 305 309 306 303 305
Blaine, 285 285 281 283 284 283
Sherman, 89 89 88 88 90 92
Edmunds, 31 31 31 31 31 31
Washburne, 33 35 36 36 34 35
Windom, 10 10 10 10 10 10
Garfield, 1          
Hayes, 1 1        
Davis,         1  
McCrary, 1          
Ballots, 19 20 21 22 23 24
Grant, 305 308 305 305 304 305
Blaine, 279 276 276 275 274 279
Sherman, 95 93 96 95 98 93
Edmunds, 31 31 31 31 31 31
Washburne, 31 35 35 35 36 35
Windom, 10 10 10 10 10 10
Garfield, 1 1 1 1 2 2
Hartranft, 1 1 1 1    
Ballots, 25 26 27      
Grant, 302 303 306      
Blaine, 281 280 277      
Sherman, 94 93 93      
Edmunds, 31 31 31      
Washburne, 36 35 36      
Windom, 10 10 10      
Garfield, 2 2 2      

There was little change from the 27th ballot until the 36th and final one, which resulted as follows:

Whole number of votes 755
Necessary to a choice 378
Grant 306
Blaine 42
Sherman 3
Washburne 5
Garfield 399

As shown, General James A. Garfield, of Ohio, was nominated on the 36th ballot, the forces of General Grant alone remaining solid. The result was due to a sudden union of the forces of Blaine and Sherman, it is believed with the full consent of both, for both employed the same wire leading from the same room in Washington in telegraphing to their friends at Chicago. The object was to defeat Grant. After Garfield’s nomination there was a temporary adjournment, during which the friends of the nominee consulted Conkling and his leading friends, and the result was the selection of General Chester A. Arthur of New York, for Vice-President. The object of this selection was to carry New York, the great State which was then almost universally believed to hold the key to the Presidential position.

The Democratic National Convention met at Cincinnati, June 22d. Tilden had up to the holding of the Pennsylvania State Convention been one of the most prominent candidates. In this Convention there was a bitter struggle between the Wallace and Randall factions, the former favoring Hancock, the latter Tilden. Wallace, after a contest far sharper than he expected, won, and bound the delegation by the unit rule. When the National Convention met, John Kelly, the Tammany leader of New York, was again there, as at St. Louis four years before, to oppose Tilden, but the latter sent a letter disclaiming that he was a candidate, and yet really inviting a nomination on the issue of “the fraudulent counting in of Hayes.” There were but two ballots, as follows:

FIRST BALLOT.
   
Hancock 171
Bayard 153½
Payne 81
Thurman 63½
Field 66
Morrison 62
Hendricks 46½
Tilden 38
Ewing 10
Seymour 8
Randall 6
Loveland 5
McDonald 3
McClellan 3
English 1
Jewett 1
Black 1
Lothrop 1
Parker 1
   
   
SECOND BALLOT.
   
Hancock 705
Tilden 1
Bayard 2
Hendricks 30

Thus General Winfield S. Hancock, of New York, was nominated on the second ballot. Wm. H. English, of Indiana, was nominated for Vice-President.

The National Greenback-Labor Convention, held at Chicago, June 11, nominated General J. B. Weaver, of Iowa, for President, and General E. J. Chambers, of Texas, for Vice-President.

In the canvass which followed, the Republicans were aided by such orators as Conkling, Blaine, Grant, Logan, Curtis, Boutwell, while the Camerons, father and son, visited the October States of Ohio and Indiana, as it was believed that these would determine the result, Maine having in September very unexpectedly defeated the Republican State ticket by a small majority. The Democrats were aided by Bayard, Voorhees, Randall, Wallace, Hill, Hampton, Lamar, and hosts of their best orators. Every issue was recalled, but for the first time in the history of the Republicans of the West, they accepted the tariff issue, and made open war on Watterson’s plank in the Democratic platform—“a tariff for revenue only.” Iowa, Ohio, and Indiana, all elected the Republican State tickets with good margins; West Virginia went Democratic, but the result was, notwithstanding this, reasonably assured to the Republicans. The Democrats, however, feeling the strong personal popularity of their leading candidate, persisted with high courage to the end. In November all of the Southern States, with New Jersey, California,[36] and Nevada in the North, went Democratic; all of the others Republican. The Greenbackers held only a balance of power, which they could not exercise, in California, Indiana, and New Jersey. The electoral vote of Garfield and Arthur was 214, that of Hancock and English 155. The popular vote was Republican, 4,442,950; Democratic, 4,442,035; Greenback or National, 306,867; scattering, 12,576. The Congressional elections in the same canvass gave the Republicans 147 members; the Democrats, 136; Greenbackers, 9; Independents, 1.

Fifteen States elected Governors, nine of them Republicans and six Democrats.

General Garfield, November 10, sent to Governor Foster, of Ohio, his resignation as a Senator, and John Sherman, the Secretary of the Treasury, was in the winter following elected as his successor.

The third session of the Forty-sixth Congress was begun December 6. The President’s Message was read in both Houses. Among its recommendations to Congress were the following: To create the office of Captain-General of the Army for General Grant; to defend the inviolability of the constitutional amendments; to promote free popular education by grants of public lands and appropriations from the United States Treasury; to appropriate $25,000 annually for the expenses of a Commission to be appointed by the President to devise a just, uniform, and efficient system of competitive examinations, and to supervise the application of the same throughout the entire civil service of the government; to pass a law defining the relations of Congressmen to appointments to office, so as to end Congressional encroachment upon the appointing power; to repeal the Tenure-of-office Act, and pass a law protecting office-holders in resistance to political assessments; to abolish the present system of executive and judicial government in Utah, and substitute for it a government by a commission to be appointed by the President and confirmed by the Senate, or, in case the present government is continued, to withhold from all who practice polygamy the right to vote, hold office, and sit on juries; to repeal the act authorizing the coinage of the silver dollar of 412½ grains, and to authorize the coinage of a new silver dollar equal in value as bullion with the gold dollar; to take favorable action on the bill providing for the allotment of lands on the different reservations.

Two treaties between this country and China were signed at Pekin, November 17, 1881, one of commerce, and the other securing to the United States the control and regulation of the Chinese immigration.

President Hayes, February 1, 1881, sent a message to Congress sustaining in the main the findings of the Ponca Indian Commission, and approving its recommendation that they remain on their reservation in Indian Territory. The President suggested that the general Indian policy for the future should embrace the following ideas: First, the Indians should be prepared for citizenship by giving to their young of both sexes that industrial and general education which is requisite to enable them to be self-supporting and capable of self-protection in civilized communities; second, lands should be allotted to the Indians in severalty, inalienable for a certain period; third, the Indians should have a fair compensation for their lands not required for individual allotments, the amount to be invested, with suitable safeguards, for their benefit; fourth, with these prerequisites secured, the Indians should be made citizens, and invested with the rights and charged with the responsibilities of citizenship.

The Senate, February 4, passed Mr. Morgan’s concurrent resolution declaring that the President of the Senate is not invested by the Constitution of the United States with the right to count the votes of electors for President and Vice-President of the United States, so as to determine what votes shall be received and counted, or what votes shall be rejected. An amendment was added declaring in effect that it is the duty of Congress to pass a law at once providing for the orderly counting of the electoral vote. The House concurred February 5, but no action by bill or otherwise has since been taken.

Senator Pendleton, of Ohio, December 15, 1881, introduced a bill to regulate the civil service and to promote the efficiency thereof, and also a bill to prohibit Federal officers, claimants, and contractors from making or receiving assessments or contributions for political purposes.