I had a suspicion that this concession had been granted upon condition that the southern Democratic leaders in Congress would consent to the creation of the proposed commission, and to the ratification of its decision, whatever that decision might be.  To such a bargain I did not care to be even an innocent party.  My suspicions were strengthened by the fact that the principal opposition among Democrats to the creation of the commission and to the ratification of its decision came from northern Democrats.  Southern Democrats, with a few notable exceptions, not only favored the creation of the commission and the ratification of its decision, but even the fiery Watterson was induced to hold his peace and to give expression to his righteous indignation through the medium of a silent vote.  That my suspicions were well founded subsequents events more than demonstrated.  I took the position that Mr. Hayes had been legally elected, at least according to the forms of law and in the manner prescribed by the Constitution,—­and that he should, therefore, be duly inaugurated even if it should be necessary for President Grant, as Commander-in-chief of the Army, to use the military force of the Government for that purpose.  I contended that, having been thus legally elected, Hayes should not be subjected to the chance of losing his title to the office and that the incoming President should not be bound by any ante-inauguration pledges, which, in the opinion of some, would have a tendency to cast a cloud upon his title to the office.  But the bill was passed and the commission was duly appointed.

At this point the game of chance turned in favor of the Republicans.  It was generally understood that Justice David Davis, of Illinois, would be the fifth Justice to be placed on the commission.  He was said to be an Independent,—­the only member of the Supreme Court that could be thus classed politically.  But, in point of fact, he was more of a Democrat than an Independent.  Had he been made a member of the commission it is more than probable that Mr. Tilden, and not Mr. Hayes, would have been made President.  The Legislature of Illinois was at that time engaged in an effort to elect a United States Senator.  The Legislature was composed of about an equal number of Republicans and Democrats,—­three Independents holding the balance of power.  The Independents at length presented the name of Justice David Davis as their choice for Senator.  In order to make sure of the defeat of a Republican, the Democrats joined the Independents in the support of Justice Davis, which resulted in his election.  This took place only a few days before the time appointed for the selection of the commissioners.