Committees of both parties visited the scenes of strife. Whether their presence and advice helped a just conclusion has never been definitely ascertained. But it did not take much in

vestigation to find that the vote of South Carolina was Republican, and this the Democratic members of the Congressional Investigating Committee conceded. This disposed of one of the doubtful States.

The Returning Board of Florida gave 926 Republican majority for the Republican electors. It was cited before the Supreme Court of the State, and a recount was ordered. This gave 206 Republican majority. But before this recount was finished the electors had met and cast their votes for the Republican nominees.

The Returning Board of Louisiana, appointed by Gov. Packard, made up from the confused returns at their command a Republican majority of 3,931. The Returning Board appointed by McEnery, who claimed to be Governor, made up from the same confused election returns a Democratic majority of 7,876.

The trouble in Oregon was not one of popular majority, which was admittedly Republican, but was over the claim that one of the three electors was a Federal office-holder. The Democratic Governor of the State therefore certified to two Republican electors and one Democratic (Mr. Cronin). The Secretary of State certified to the three Republican electors, he being the legal canvassing officer.

FORTY-FOURTH CONGRESS-Second Session. - Met December 4, 1876. The Speaker, Mr. Kerr, having died, Samuel J. Randall, Pa., was elected to that position. The disputed Electoral count occupied almost the entire time of the session. The inadequacy of all laws regulating the count was painfully manifest. Both parties were firm. The situation was such that a false step might have led to an outbreak. The Republicans claimed that the President of the Senate had, under the law, the sole authority to open and announce the returns in the presence of the two Houses. The Democrats claimed that the two Houses acting as a joint body could control the count under the law. Some Democrats went so far as to say that the House

alone could decide when an emergency had arrived in which it was to elect a President.

Danger was avoided by the patriotism of prominent members of Congress, of both parties, who after several conferences agreed to report the Electoral Commission Act. It passed, and was approved Jan. 29, 1877. The Senate vote for it was 47 to 17 against. Of this 47, 21 were Republicans and 26 Democrats. Of this 17, 16 were Republicans and 1 Democrat. It therefore had an almost unanimous Democratic support in the Senate. The House was Democratic. It passed there by a vote of 191 to 86. The act created an Electoral Commission, composed of five Representatives, five Senators, and five Judges of the Supreme Court, 15 in all. Each of these bodies was to select its representatives on the Commission. To this Commission were referred the disputed returns. Its decision was to be final unless overruled by both Houses. The decisions of the Commission on all the disputed returns were to the effect that the electoral vote as certified and sent to the Speaker of the Senate by the regularly constituted authorities in each State must be accepted as conclusive and beyond investigation or question by any authority outside of that State.* The final count as thus ascertained gave the Republican nominees 185 Electoral votes, and the Democratic 184. Congress adjourned sine die, March 3, 1877. On March 4, Hayes and Wheeler were sworn into office.

* A remarkable feature of this controversy was the fact that the Republicans were standing on old-time Democratic ground and relying on rigid Democratic doctrine. They were, for the time being, construing the Constitution strictly and insisting on the right of the State to ascertain its own vote and certify and forward it in its own way, all of which was to be conclusive on outside tribunals. The Democrats on the other hand combated their old rigid interpretation theories by urging that the Congress should reject the certificates from a State Returning Board. Happily the political complexion of the two Houses, one Democratic, the other Republican, prevented any successful appeal from the decisions of the Commission. If both Houses, under the terms of the act, could have agreed to upset any one of the Commission's decisions, then riot, if not civil war, must have ensued. But the act was wisely framed with a view to the entire political situation.

XXIII.

HAYES' ADMINISTRATION.

March 4, 1877-March 3, 1881.

RUTHERFORD B. HAYES, OHIO, President.
WHEELER, N. Y., Vice-President.

WILLIAM A.

* The popular vote was: Hayes, 4,033,950-21 States; Tilden, 4,284,885-17 States; Greenback, Cooper, 81,740; Prohibition, Smith, 9,522; American, 539; scattering, 14,715.

POLITICAL SITUATION-The President's inaugural was pacific. He visited the South, and the tone of his speeches there was very conciliatory. There was a general departure from Republican ideas respecting the questions which had disturbed the reconstructed States. They were given over to such rule as seemed inevitable for a long time, in case the Federal troops were withdrawn. While the President's conservatism gave rise to criticism among his party friends, very many thought it proper that he should pursue an intermediate political course in view of the circumstances surrounding his election and the seeming desire for a breathing spell after the excitement attending the electoral count.

FORTY-FIFTH CONGRESS-Extra Session.-Called Oct. 15, 1877. This Congress, like the Forty-fourth, was Democratic in the House, and Republican in the Senate. The latter body stood 38 Republicans; 37 Democrats; I Independent. The House stood 156 Democrats, and 136 Republicans. The House organized by re-electing Samuel J. Randall, Pa., Speaker. Party lines were strictly drawn over a determined effort of the Democrats to repeal the Resumption Act. The platform of 1880

pledged the party to repeal. Their measure failed in the Senate. The same effort was made in the first regular session of this (Forty-fifth) Congress, with no better success. Congress adjourned, Dec. 3, 1877.

FORTY-FIFTH CONGRESS—First Regular Session.—Met Dec. 3, 1877. From this time on financial legislation largely occupied the respective sessions. Government income was ample for every purpose. The national credit was high. Efforts to defeat resumption, fixed for 1879, were made by the Democrats this session, but failed owing to the Republican majority in the Senate. The era of refunding was beginning, and was to be carried on till it became evident that the entire public debt could be turned into bonds bearing no more than three per cent. interest, if such an end should prove desirable. As a consequence bitter partyism was not indulged in as during slavery times and the period of reconstruction, though even these financial and business topics could not altogether escape modest party colorings when an advantage was likely to accrue.

An act to remonetize silver and coin $2,000,000 (Bland) a month was passed and received the President's veto, Feb. 28, 1878. It was passed over the veto. This legislation was not of any party, but was thought to be in the interest of the Pacific or mining States. On May 28, 1878, the Bankrupt Act was so amended as to virtually work its repeal. The River and Harbor Bill of this session (April 23, 1878) appropriated the large sum of $8,000,000 for this class of coast and internal improvements. This was extraordinary, not only on account of the sum involved, but because it came from a Democratic House which had started on an economic career, and further because the old Democratic constitutional objections to appropriations of this kind were no longer heard. Both parties were now fully committed to appropriations of this character, and all for the worse unless a check be provided, which, as we shall see, soon came in the shape of executive veto. Congress adjourned, June 20, 1878.

FORTY-FIFTH CONGRESS-Second Regular Session.Met Dec. 2, 1878. The President's message referred with favor