ould elect Tilden.

[Illustration: Portrait.]
Samuel J. Tilden.
After a pastel by Sarony in the house at Gramercy Park.

[1877]

The deadlock could be broken only by a compromise. A joint committee
reported the famous Electoral Commission Bill, which passed House and
Senate by large majorities; 186 Democrats voting for the bill and 18
against it, while the republican vote stood 52 for and 75 against. The
bill created a commission of five senators, five representatives, and
five justices of the United States Supreme Court, the fifth justice
being chosen by the four appointed in the bill. Previous to this choice
the commission contained seven Democrats and seven Republicans. It was
expected that the fifth justice would be Hon. David Davis, of Illinois,
a neutral with democratic leanings; but his unexpected election as
democratic senator from his State caused Justice Bradley to be selected
to the post of decisive umpire. The votes of all disputed States were to
be submitted to the commission for decision.

It was drawing perilously near to inauguration day. The commission met
on the last day of January. The cases of Florida, Louisiana, Oregon, and
South Carolina were in succession submitted to it by Congress. Eminent
counsel appeared for each side. There were double sets of returns from
everyone of the States named. In the three southern States the governor
recognized by the United States had signed the republican certificates.
The democratic certificates from Florida were signed by the state
attorney-general and the new democratic governor; those from Louisiana
by the democratic gubernatorial candidate, who claimed to be the lawful
governor; those from South Carolina by no state official, the Tilden
electors simply claiming to have been chosen by the popular vote and
rejected by the returning board. In Oregon the democratic governor
declared one of the Hayes electors ineligible because an office-holder,
and gave a certificate to Cronin, the highest Tilden elector, instead.
The other two Hayes electors refused to recognize Cronin, and,
associating with them the rejected republican elector, presented a
certificate signed by the secretary of state. Cronin, appointing two new
electors to act with him, cast his vote for Tilden, his associates
voting for Hayes. This certificate was signed by the governor and
attested by the secretary of state.

After deciding not to go behind any returns which were prima facie
lawful