Democratic Party, characterizing it as "equally false and imbecile" on the financial issues of the day, and as "utterly incompetent to administer the government." In its own behalf it found cause to praise itself for its honorable work in the conduct of both domestic and foreign problems. Humorists have found amusement in the Republican plank on civil service reform.

"The invariable rule in appointments should have reference to the honesty, fidelity, and capacity of the appointees, giving the party in power those places where harmony and vigor of administration require its policy to be represented, but permitting all others to be filled by persons selected with sole reference to the efficiency of the public service, and the right of all citizens to share in the honor of rendering faithful service to the country."

If it was not this particular plank, it was one like it which inspired the remark that "political platforms are like car platforms, made not to stand on, but to get in on."

The Democrats nominated Samuel J. Tilden of New York, an able lawyer, with a record for reform. He had been active in prosecuting the Tweed Ring, and in 1874 he won the governorship of New York in spite of the opposition of Tammany Hall. The platform proclaimed the need of instant and thoroughgoing reform, denounced the "financial immorality and imbecility" of the Republicans, stormed about the high tariff, and dwelt with glowing emphasis upon the abuses which they had discovered in the Grant administration.

The campaign itself was tame and respectable. Hayes and Tilden were both quiet gentlemen, not widely known outside their own states. Their reputations were good, and their records clean, so that, even though they inspired little enthusiasm, they did not stir up any vilification. Greeley had aroused both wrath and ridicule. These candidates did neither.

When the first returns came in, it appeared that Tilden was elected. Later reports seemed to confirm his success. He had carried every southern state, plus New York, Indiana, New Jersey, and Connecticut. If these reports were based on fact, he would have two hundred three electoral votes, to one hundred sixty-six for Hayes. His popular plurality over Hayes was about two hundred fifty thousand. Early in the morning after election day the Republican managers went home, convinced that they were beaten. But John C. Reid, the news editor of the New York Times, felt that the result might be in doubt, and he hurried over to the Republican headquarters, to

THE DISPUTED ELECTION OF 1876-1877 569

convince the leaders that Hayes's chances were by no means hopeless. On the strength of his optimism the Republicans decided to claim the election for Hayes, and sent out reports stating that he had one hundred eighty-five electoral votes, and was therefore elected.

Actually, Tilden had one hundred eighty-four votes, just one short of the majority; Hayes had a hundred sixty-six sure, nineteen short of the majority. All the votes of South Carolina (seven), Louisiana (eight), and Florida (three), were in doubt, as was one of the Oregon votes. Hayes needed all these to win, Tilden one of them. In Oregon one of the electors chosen was a postmaster, constitutionally disqualified from serving. He promptly resigned his postmastership, but the Democrats in the state insisted that he could not serve, and that the next highest on the list, a Democrat, was legally chosen. The Republicans sent in one set of returns, with three Republican votes; the Democrats sent in another, with two Republican and one Democratic votes. In the three southern states the uncertainty arose from the chaotic conditions due to reconstruction. The only governments there which were officially recognized by the federal authorities were the Carpet-bag organizations, kept in power solely with the help of federal troops; they had no support among the white voters.

In South Carolina there had been a disorderly campaign, with race riots and intimidation of negro voters. The returns showed a small Hayes majority, and the state returning board certified those electors. The Democrats claimed the victory, and carried the case into court. As a result two sets of returns were sent in, one Republican, the other Democratic. In Florida it was plain that both parties had been guilty of barefaced fraud. The returns, however, showed a slight Republican majority, and the Republican electors were duly certified. This case went to the courts, and three sets of returns went in, one Republican, and two Democratic.

In Louisiana the Tilden electors had a majority of several thousand on the face of the returns, but the state returning board, negro Republicans for the most part, threw out enough ballots to give Hayes a majority of three thousand. As in Florida, both parties had been utterly shameless in their methods. Out of the Louisiana tangle four sets of returns were finally sent in.

The month between the election and the meeting of the electoral colleges was a time of feverish activity for the leaders on both sides.

Evidence discovered later proved that the Democratic managers had tried to buy up the necessary elector. Telegrams were sent out, in cipher, many of them from Tilden's own residence, and signed by his nephew, in connection with this work. On December 2, Colonel Pelton, Tilden's nephew, got word that he could have the Florida electors for two hundred thousand dollars, but he refused to pay so much and the chance was lost.

The electoral colleges met on December 6. Congress had assembled two days before. According to the Constitution, the electors send their votes to the President of the Senate, who opens them in the presence of the two houses of Congress, and then the votes are counted. But the Constitution does not say who shall count the votes. In this particular case, if the Senate counted them, the Republicans would win, because the Senate was Republican. The Democrats had a majority in the House.

THE ELECTORAL COMMISSION

After a good deal of angry discussion, Congress finally agreed to a compromise plan, by which an Electoral Commission should be created, to pass on all returns concerning which the two houses could not agree. This commission was to consist of five Senators, five Representatives, and five justices of the Supreme Court. A bill for this purpose was passed and signed. The Senate named two Democrats and three Republicans, the House three Democrats and two Republicans. Four of the Supreme Court justices were named in the law, two of each party. These four were to appoint the fifth, with the understanding that David Davis of Illinois should be the victim. But to his great relief the Illinois legislature, with a Democratic majority, elected him to the United States Senate, so he refused to serve. All the other judges were Republican, so the Commission was composed of eight Republicans and seven Democrats.

On February 1, 1877, Congress settled down to the exciting task of counting the votes. There were no difficulties about the returns from the first few states, but when those from Florida were reached, the two houses failed to agree, and according to law they went to the Commission. On February 7, the Commission voted, eight to seven, not to go back of the returns, and because the Republican returns from Florida were duly authenticated by the proper officials, the Commission took them at their face value. As a result, the Repub

THE ELECTORAL COMMISSION

571

licans got Florida. On February 16, the Commission, by a vote of eight to seven, accepted the Republican returns from Louisiana. The Oregon case was decided next, in the same way.

For a time the Democrats were tempted to start a filibuster, and so delay the count until March 4, when the life of that Congress would expire. But certain influential Republican leaders, who happened to know what Hayes would do if elected, promised the Democrats that if the count were completed, Hayes would withdraw the troops from the three states. That would make them solidly Democratic for the next election. With this understanding the count went on, and South Carolina went to the Republicans by the same strict party vote of eight to seven. At four o'clock in the morning, March 2, the count was completed, and Hayes was elected with one hundred eighty-five

votes.

If all the electoral votes in dispute could have been thrown out, Tilden would have been elected; but there were Constitutional difficulties which made that impossible. Since they had to be counted, Tilden was as much entitled to all of them as Hayes, and his claim to one of them was certainly better than the Republican claim to them all. In the three southern states the methods resorted to by both sides were so bad that there is no way of deciding the controversy on its merits, for it had no merits. Every argument which justified the acceptance of the Republican votes would have applied equally well to the acceptance of the Democratic returns, except one. The corrupt Republicans had the good fortune to control the state returning boards, while the corrupt Democrats were not so lucky; federal troops had kept them out.

It is not surprising that the Democrats should have accused the Republicans of theft, and they went to work to compile evidence for use in future campaigns. They made out a very damaging case, but again chance wrecked Democratic hopes. During the contest hundreds of cipher telegrams passed between the Democratic headquarters and various local henchmen. Most of these in some way came into the possession of the New York Tribune. For a time nobody could find the key to the code, but at last two ingenious reporters succeeded in working it out. These cipher dispatches revealed so much fraud, and willingness to resort to fraud, among the Democrats that the edge was taken off the weapons which they had prepared to use against the Republicans. Dishonors were even.

CHAPTER XLIX

THE FAR WEST AND THE NEW SOUTH

An eminent American historian has said that the history of the American people is best revealed in their politics. That may be, but unfortunately there have been times when those politics have resembled, not the essence, but the dregs, of our national experience. They certainly had a most unsavory appearance and odor during the two decades immediately following the Civil War. For periods of that sort, it is both pleasant and reassuring to find types of activity outside the political realm in which American character is more properly illustrated. Very likely, too, it was the overwhelming pressure of these other interests which turned the attention of the people away from the politicians, so that they were left to wallow in their corruption without serious interference. During this same period American "captains of industry" were constructing the great industrial and commercial organization which has for evil or for good so completely transformed American life. In any case its very bigness compels wonder, if not admiration. At the same time financiers and railroad builders were completing the links in a national transportation system, thus tying the parts of the country much more closely together. And while all this was going on, the people themselves were filling up the far West, thereby completing the story of expansion which started with the first offshoots from Jamestown, Plymouth, and Boston.

THE LAST FRONTIER

In 1865 the settled country reached a line running along the western borders of Minnesota and Iowa, through central Nebraska, and Kansas, down the western boundary of Arkansas, and through the middle of Texas. Beyond this frontier line was a block of open country a thousand miles east and west, and another thousand north and south. In it there were three centers of settlement: Utah, California, and Oregon, with a total population of perhaps a million and a half. Broad stretches were entirely uninhabited, while in others there were more or less uncivilized Indian tribes. By 1890 this same region was