Part 14

"The representatives of Mr. Hayes secured the completion of the electoral count at Washington in 1877 by pledging the fraudulent administration, in advance, to do certain things desired by certain Southern Democrats. One of these things was to accomplish the overthrow of Packard in Louisiana, although Packard had received for Governor in that State a vote larger than Hayes' for President.

"When Mr. Hayes was seated in the office to which he had not been elected, he proceeded to redeem the promises made in his behalf by Stanley Matthews and Charles Foster. But he was able to fulfil his part of the bargain mainly through the intervention of the Lottery Company, which furnished at New Orleans a sufficient number of Republican legislators elect, willing to join with the Democrats in organizing the Legislature that destroyed Packard and seated Nicholls.

"Thus the bargain was carried out upon Mr. Hayes' side by the assistance of the concern once powerfully described by the Hon. Benjamin Harrison as the Great Beast. And to that service on the part of the Great Beast, according to our correspondent's recital of the facts, the Louisiana Lottery owes in return its present position of advantage in the State.

"Is there any doubt as to the pledge to overthrow Packard, which the Great Beast helped Hayes to redeem? Mr. William H. Roberts of New Orleans, among others, has testified that when the electoral count was pending, he received this assurance from a distinguished Republican statesman and a close personal friend of Mr. Hayes:

"'You need not be uneasy. I see that you are all restless and nervous; I see that Blackburn and those men are controlling the Southern men. I assure you that it will be all right; and when I assure you that you are to have your State government, you ought to know me well enough to know that I am telling you the truth.'"

* * * * *

The distinguished Republican statesman and personal friend of Hayes was the Hon. Charles Foster, of Fostoria, Secretary of the Treasury under the administration of the Great Beast's enemy, the Hon. Benjamin Harrison.

Is there any doubt as to the understanding of the pledge by the Southern Democrats who were active in arranging the bargain, afterwards carried out by Hayes with the aid of the Louisiana Lottery? "If we should lose the national government we may be able to save Louisiana," said the Hon. Lucius Q. C. Lamar to Mr. Roberts of New Orleans early in the progress of the negotiations. And later, when certain Democrats in the House were proposing to stand out to the last against the consummation of the fraud, Judge Lamar sent to one of their number, the Hon. John Ellis of Louisiana, this letter of vindication and appeal:

"I have just learned from an unquestionable authority, which I will give, if you wish it, that Foster said to a gentleman, my informant, that the speech he made to-day, which so significantly but indirectly hints at Hayes' Southern policy, that he made it after consultation with Mr. Matthews, Mr. Hayes' brother-in-law, and Mr. Matthews told him and urged him to say squarely that Hayes would have nothing to do or to say to Packard.

"Now, Ellis, this is the first thing I have ever heard as coming from Hayes, directly or indirectly, that is worth acting upon by any Southern man. We do not want offices, but we do want to get our States and our people free from the carpet-bag government. Ought you not, if an available opportunity offers you to serve your State and people, to spring forward at once and see if you can't free your State? I think you should at once see Mr. Stanley Matthews and ask him if Governor Hayes will give you some assurance that he will not nominate Packard in his domination of your people."

This Judge Lamar is the gentleman who afterwards served as a member of Mr. Cleveland's cabinet, and who received from Mr. Cleveland an appointment to the bench of the Supreme Court of the United States.

BIGELOW TO JUDGE STEPHEN J. FIELD

(AN ADDRESS OF THE MINORITY OF THE ELECTORAL COMMISSION)

"21 GRAMERCY PARK, _January 31, 1894_.

"HON. STEPHEN J. FIELD.

"MY DEAR JUDGE,--The son of Judge Josiah Gardner Abbott, of Mass., handed me a few days since in Boston a copy of the proposed address of the minority of the electoral commission of 1877 protesting against the decisions of the majority of that commission. At the close of this address, or somewhere on it, was the following endorsement:

"'This address was drawn up at the request of some of the minority members of the electoral commission, to whom it was submitted and approved by them. But some doubted the wisdom of publishing the address at the time, and so it was not signed.

"'(Signed) J. G. ABBOTT.'

"I would like much to know if the Democratic minority concurred in this protest, and the reasons which decided them or any of them against its publication. I am expecting to be delivered one of these days of something about that electoral commission, and, of course, I would like to speak of this address, if at all, by the book. I would like, also, to know if you can tell me why Judge Abbott refused to allow of the publication in his lifetime; if there was any other reason than that it was never signed.

"I hope you will think these questions will involve matters of sufficient gravity to warrant me in troubling you for an answer which no one else that I know can give.

"Yours very truly, "JOHN BIGELOW."

STEPHEN J. FIELD TO BIGELOW

"SUPREME COURT OF THE UNITED STATES, "WASHINGTON, D. C., _February 2, 1894_.

"HON. JOHN BIGELOW.

"DEAR SIR,--Your letter of the 31st of January was received yesterday. You state that the son of the late Judge Josiah Gordon Abbott, of Massachusetts, had handed to you a few days before, in Boston, a copy of 'The proposed address of the minority of the electoral commission of 1877, protesting against the decision of the majority of that commission,' and add that at the close of the address, or somewhere in it, was the following endorsement: 'This address was drawn up at the request of some of the minority members of the electoral commission, to whom it was submitted and approved by them; but some doubted the wisdom of publishing the address at the time, and so it was not signed. (Signed) J. G. ABBOTT.'

"You express a wish to know if the Democratic minority concurred in this protest, and the reasons which decided them, or any of them, against its publication. In answer to your inquiry, I would state that I remember very well the preparation of the address undertaken by Mr. Abbott, the draft of which was submitted to me and approved, and I supposed then that it would receive the signatures of all the members of the Democratic minority and be published. Soon afterwards Mr. Abbott informed me that some of the members of the minority had expressed a doubt of the wisdom of publishing the address at that time. It was not, therefore, signed. I know of no other reason. None was given that I can recall except the existence of the doubt mentioned.

"Perhaps Mr. Bayard could give you more definite information upon this point. I know that it was a disappointment to me that the address, either as prepared, or as it might be amended by suggestions of members of the Democratic minority, was not published.

"I think that when the members of the commission separated it was Mr. Abbott's intention to prepare some document with reference to the action of the commission for publication, with the consent of other members of the minority, but that intention was subsequently abandoned by him for reasons which I cannot state.

"You also state that you would like to know if I could tell you why Judge Abbott refused to allow of the publication in his lifetime. I know of none except the fact that the document was never signed. Some years afterwards, when Mr. Abbott was at Washington, he expressed to me a regret that the document which he had prepared had not been signed and published.[19]

"I am very respectfully yours, "STEPHEN J. FIELD."

[19] For a copy of the protest referred to in the preceding letter, see Bigelow's _Life of Tilden_, Vol. II., Appendix A.

The following letter, received in reply to one addressed to its writer by Mr. George W. Smith, one of the executors and trustees of Mr. Tilden's estate, gives the substance of a very important statement bearing upon the election for President in Louisiana in '76, the authorship of which statement, however, is suppressed in compliance with the request and for the reasons assigned by the one who heard it. As the gentleman, whose name is here left blank, has long been dead, it is permissible to say that he was quite the most prominent Republican politician in Louisiana at the time the statement purports to have been made.

A. M. WILCOX TO G. W. SMITH

"BRIGHTON, ENGLAND, _April 19th, '94_.

"DEAR MR. SMITH,--Your letter of April 4th came this morning, having been forwarded from home.

"The letter you speak of is not in existence, having been destroyed when I broke up my home ten years ago. It was not from Kellogg, but from ----. That part referring to the election read about as follows:

"'You ask as to the election. Tilden carried the State by 9 to 14,000 (I am not positive as to the figures, either may be wrong), but this will be overcome in some way; how has not as yet been decided, but you can be certain the State will be returned for Hayes.'

"I cannot be mistaken as to the substance of his letter, as it made a deep impression on me at the time. Had it not been personal and _confidential_, I should have given it publicity at the time.

"In case Mr. Bigelow should make any use of it--the information--kindly see that he avoids using ----'s name for the reasons above given.

"I sincerely regret I cannot produce the letter itself or make a more satisfactory reply to your inquiry.

"Mrs. Wilcox formerly resided in Louisiana, and ---- was a frequent guest at her father's house, which explains the frankness of his answer to her letter asking for information in the matter.

"With my best wishes to you.

"Very truly, "A. M. WILCOX."

WILLIAM BIGLER TO TILDEN

"CLEARFIELD, PA., _Jan. 24th, 1877_.

"MY DEAR SIR,--After a careful examination of all the plans of adjusting the Presidential embroglio at Washington, I came to the conclusion that the plan reported by the committee is the best--most certain to promote the peace and dignity of the country, and to secure your inauguration as President. In the first place it involves an abandonment of the plea for the right of the president of the Senate, and in the next it recognizes the right of the commission to go behind the certificates on an allegation of fraud. Besides, I have special confidence in one of the judges who will be selected as a Republican. He will be just and impartial in his action, with slight inclination to our side.

"The difficulty in the way of the power of the House consists in the obstacles that can be interposed against reaching the point at which that power can be safely and properly exercised. The order laid down in the Constitution must be followed. First, the certificates shall be opened. Second, the vote shall then be counted. Third, if there has been a failure to elect by the States then the House shall immediately proceed to elect a President. The counting will go on smoothly until Florida is reached, and then objection will be made and the Senate will retire. It will decide to count the vote for Mr. Hayes, and the House will reject the vote or count it for you, and then when will they come together again? Perhaps at the end of a week the House may give up Florida to go on with the count and then will come Louisiana, and this the House cannot yield without losing everything. Some say at this point the House should proceed to elect a President, but the vote has not been counted as the Constitution requires, and the assumption that there has been no election in the face of the fact that there are but two candidates, and that it is not possible to so divide the vote as to have a tie, cannot be overlooked. The plan of conceding everything but Oregon, which comes last, has been favored by some. My own impression is that you will become President by the rejection of the vote of Louisiana. That will be done by the commission, and may be done by a vote of the Senate. I think the vote in the Senate, taken at any time, would be very close on the rejection of the vote of Louisiana.

"The danger now is that the plan of the committees will be defeated by persistent debate. I have no fear of Grant. At present he would sign the bill.

"I should have remained at Washington but for an imperious demand for me in a business matter at this place.

"With much esteem I remain,

"Your friend, "WM. BIGLER.

"Florida is becoming so clear for you that the whole matter may yet be settled by that State."

TILDEN TO GOVERNOR WADE HAMPTON

"NEW YORK, _Feb. 3, 1877_.

"DEAR GOV. HAMPTON,--I have just emerged from ten days of exceptional intensity of pressure in occupations, which at best were not light. During this time your letter of the 22d Jany. arrived. It does not seem to me more than two or three days since I first saw it, but my count of time may have been imperfect.

"Certain I am that I take my first interval to acknowledge it and to reply.

"One only of the newspaper publications which you mentioned had come under my observation; and that I had cursorily looked at rather than read.

"It is enough to say that none of these criticisms has made the least impression on my mind unfavorable to your perfect good faith in your political actions or relations, or to my confidence in your friendly disposition toward me. You were quite right in thinking, as you say, that an explanation was unnecessary, though for great caution you have chosen to write to me on the subject. I have not only faith in you, but great admiration for your personal bearing under difficult and trying circumstances. I have no element of suspicion in my nature, and have looked on the recent contest in no selfish aspect, not even in that refined form which thinks of the honor of being associated with the right in so great a cause. And I appreciate the wrongs to which the people of your State have been subjected.

"I beg, my dear sir, that you will excuse my great haste and believe me,

Very truly your friend, "S. J. TILDEN."

THOMAS COTTMAN TO S. J. TILDEN

"343 FIFTH AVENUE, NEW YORK, _Feby. 22d, 1877_.

"GOVR. SAML. J. TILDEN.

"MY DEAR SIR,--Your card of this morning confirms my opinion that the defeat of the Democratic party is due measurably to the manipulation of inexperienced or overconfident directors. I hope you will insist on Chandler's exhibit, now they have made all possible mischief out of your account. There has been too much willingness on the part of the Democrats to compromise, and Senator Kernan to say the least of it has acted unwisely. Patrick Kennedy's[20] testimony fully substantiates my views in regard to Louisiana--Wells has been unskilfully handled. But there is no use in crying over spilt milk.

[20] The testimony of Kennedy referred to by Mr. Cottman follows:

WASHINGTON, February 21.--Patrick J. Kennedy, of Jefferson Parish, testified to-day to an interview with Governor Wells, in which the latter said that he thought he had done wrong in throwing out 1,100 votes in New Orleans and 1,400 votes in the Parish of East Baton Rouge. He also asked what guarantee Kennedy supposed would be given him if he so arranged the returns as to protect him and secure him his property and standing among the people of the State of Louisiana.

"The 'occasional correspondent' in the _Herald_ of this morning overstates the case in reference to dissatisfaction in the party. But of its existence no one can doubt. Not so much South as here and in the West, and from a totally different cause from that assigned in the _Herald_. I had opportunities [of] observing it, and exerted my utmost power to assuage or avert it. There is no necessity now for adverting to the cause, but I will simply remark that the old Hunkers considered themselves ignored to give prominence to Barnburners and new men, personal favorites--and that feeling at one time came near losing you this city and Brooklyn. I have never doubted the feasibility of obtaining a _fair and honest return_ of the vote in Louisiana, if the proper means were resorted to which in no wise included pecuniary consideration. It was a political question and political consideration was desired as testified by P. I. Kennedy, who is a very different man from Dr. Hugh Kennedy, whose name Wells offered as the fifth man on the Returning Board, and had laid on the table for future action. Whenever I mentioned the subject to those in _authority here_, I was met with the information that Genl. Taylor was _here_ looking to Louisiana. Genl. Taylor is a very estimable gentleman, but most cordially hated by both Wells and Kennedy. When I reflect on the management '_here_,' I can only say you were slaughtered in the house of your friends: not from design, for I believe they were honest and true, zealous and uncompromising, but conceited from the want of experience in politics; not the want of capacity, but an overweening confidence in themselves and the justice of their case. In the name of Louisiana, I unhesitatingly repudiate the assertion of the _Herald's_ occasional correspondent of an indifference towards your election. She cast her vote for you, and it would have been so returned if your lieutenants here had not overestimated their powers.

"Very truly your obt. servt., "THOS. COTTMAN."

N. W. HAZEN TO S. J. TILDEN

"ANDOVER, _Feb. 28, 1877_.

"HON. SAMUEL J. TILDEN.

"DEAR SIR,--I hope it is not too late to make some use of the views stated in the paper enclosed, which seem to me so obvious that I have constantly hoped to see them presented from some one of many sources.

"Very respectfully, "Your obt. servt., "N. W. HAZEN."

* * * * *

Whenever it appeared to Congress that no person had a majority of the electoral votes, the whole subject of the election of President, by force of the Twelfth Amendment, passed into the exclusive jurisdiction of the House, and no proposals for joint proceedings, or for any action by the Senate in relation to it were in order.

That no person had a majority appeared from the double returns from some of the States from the opening of the returns, and is admitted by the passage of the electoral law.

The choice being given to the House by the Constitution, it belonged to the House solely to make any investigations which it should find necessary to the proper performance of this trust.

When the Constitution gives the choice to the House, it confers by necessary implication whatever authority is requisite to the full exercise of the power, including, of course, exclusive control over the whole subject.

It may be remarked, by way of illustration, that the first duty is to determine who are the three persons from whom a choice is to be made: acting with the Senate, a fourth person might be rejected from this number, whom, if he were before it, a majority of the House might choose to elect.

The record of the proceedings of the commission will show them to be without warrant or authority in the Constitution, which contains ample provision upon the same subject.

The commission usurps a power conferred upon the House when the House itself was established, which is one of its highest functions, and whose exercise it cannot surrender without dishonor.

1. Upon the motion to be made in the House to accept the report of the commission it should not be entertained, because in violation of the constitutional rights of the House, and not in order therefore.

2. If it has been accepted, the whole proceedings should be declared for this reason null and void.

3. The House should proceed to the choice of President according to the Twelfth Amendment, that it may not fail in the performance of one of the highest duties it owes to the Constitution, and in the exercise of its greatest powers; that some person may be duly chosen, so that its candidate may have the legal title before the law and before the people.

JOHN A. McCLERNAND TO TILDEN

"SPRINGFIELD, ILL., _March 2nd, 1877_.

"DEAR SIR,--It is done, and the Presidential office, fairly awarded you by the voice of the people and the electoral colleges, passes to another. I sympathize with you in this your deprivation of right and official dignity. I sympathize also with the country in its consequent humiliation. A stain is cast upon its escutcheon and Republican institutions.

"The result might have been different but for a mistake, honest, doubtless, though it was. If the chairman of our national committee had not wavered and hesitated at a decisive moment, and thereby awakened doubts as to your purpose, the spirit and courage of the Democracy, then showing a bold front, would have precluded the possibility of the electoral commission and its decision, and have settled everything satisfactorily without a blow. I say this in the belief that the capital and business of the country would not have seconded the Republican leaders in an appeal to arms to uphold fraud and usurpation. Right armed with confidence is seldom vanquished.

"But regrets are now idle. Our part is to repair the past in the future. Your leadership in the late canvass regenerated and renewed the Democratic party, and brought it back to the mansion of its fathers. It revived its ancient energy and devotion. It is now capable of great achievements. This is saying much for both you and it, yet not more than the truth. You are now the acknowledged leader of the _reform Democracy_, and your leadership must be continued for the contest of 1880. This is the sentiment and demand of the _Old Guard_ who never desert or surrender.

"Your ob't ser't, "JOHN A. MCCLERNAND."

ROBERT M. McLANE TO TILDEN

"BALTIMORE, _3rd March, '77_.

"MY DEAR GOVERNOR,--Certainly it is not an agreeable greeting I have to offer, but I cannot let the communication of the foul work in Washington pass into history without expressing to you the disgust I feel and the hope I entertain that the country will yet recover its moral sense, and vindicate the men and principles that have been overthrown by fraud and _quasi force_, for this last alternative was always in the perspective, and as you know greatly influenced and demoralized good men!

"It is certainly to be regretted, I think, that our friends were ever beguiled into the electoral commission scheme, and though I did my best, within the bounds of my influence, to secure from its action the triumph of truth and justice, I have the satisfaction to know that from the hour we had the returns of the Presidential election my utmost effort was directed to influence the House of Representatives to assert its constitutional prerogatives and elect a President, rather than co-operate in the declaration of a result which is false in fact and which outrages the moral and numerical sense of the country. If such a result was inevitable, I could accept it as well as another; but I would have left its consummation to the conspirators who did the counting in the Southern States and the Federal army at the seat of government, under the immediate direction of the retiring President.

"Until I have the pleasure of a personal greeting, I remain,

Very truly and faithfully, "Yr. friend and obt. servt., ROBT. M. MCLANE."

"_To Hon. S. J. Tilden._

A. E. ORR TO TILDEN

"BROOKLYN, _Mch. 3d, '77_.

"MY DEAR GOVERNOR TILDEN,--I regret exceedingly that illness has confined me to the house for the past few days.

"I wanted to say to you personally what I feel towards you in my heart.