CHAPTER XXXIV
THE DISPUTED ELECTION - ELECTORAL COMMISSION-
SELECTION OF CABINET- 1876-1877
WITH characteristic penetration, Mr. Hayes had foreseen
the possibility of an indecisive election. In the Diary on
October 22, two Sundays before the day of balloting, he wrote:-
"Another danger is imminent- a contested result. And we have
no such means for its decision as ought to be provided by law.
This must be attended to hereafter. We should not allow an-
other Presidential election to occur before a means for settling
a contest is provided." The reports election night seemed to
indicate Democratic success, as forty years later similar reports
were hastily interpreted as showing a Republican victory. Mr.
Hayes himself had little doubt of his defeat. Men forgot for
the moment that, if the election was close, the returns that night
from the Far West and the South were too meagre to justify
confident assumption of the national decision. It soon became
apparent that the Presidency hung upon a single electoral vote,
and both parties insistently claimed the victory. There ensued
months of clamor and controversy. The patience, the patriotism,
and the statesmanship of the American people were taxed to the
uttermost to devise a peaceful method of determining the critical
dispute. Mr. Hayes himself maintained a dispassionate attitude
throughout the heated contention; and whatever his personal
views as to the proper method of procedure might be, he reso-
lutely refrained from any public expression of them, and stead-
fastly refused to seek to influence the opinion or action of any
Senator or Member of Congress in reaching the final adjust-
ment.]
Saturday, November 11.--The election has resulted in the
defeat of the Republicans after a very close contest.
Tuesday evening a small party assembled in our parlor to
hear the news. General Mitchell and Laura, our boys, Birch and
(374)
THE DISPUTED ELECTION 375
Webb, Governor Dennison, a reporter of the Chicago Tribune,
Mr. Huntley, W. K. Rogers, Rutherford Platt, and a few others
at times.-Emily Platt, Dr. Fullerton, and Fanny.
The first dispatch was from Rutherford [his son at Cornell],
showing a majority of in Ithaca, New York, and a gain of
--- over Grant in 1872. We all felt that the State of New York
would decide the contest. Our last dispatches from our commit-
tee in New York were very encouraging -full of confidence.
Mr. A. B. Cornell, Chairman New York State Committee, said
in an experience of ten years he had never seen prospects
brighter on the eve of an election. But we all knew -warned
by the enormous registration in the cities of New York and
Brooklyn and other facts- that we must not count confidently
on carrying the State. The good omen from Ithaca was ac-
cepted with a quiet cheerfulness.
Almost at the same instant came a gain of thirty-six in Ball-
ville, the township nearest my own home. This was good. Then
came, one at a time, towns and precincts in Ohio. The compari-
son was made with the vote in 1875, instead of with the vote of
October last. This was confusing. But soon we began to feel
that Ohio was not doing as well as we had hoped. The effect
was depressing. I commanded without much effort my usual
composure and cheerfulness. Lucy felt it more keenly. With-
out showing it [her depression], she busied herself about re-
freshments for our guests, and soon disappeared. I found her
soon after abed with a headache. I comforted her by consoling
talk; she was cheerful and resigned, but did not return to the
parlor. Without difficulty or much effort I became the most
composed and cheerful of the party.
At- P. M., or thereabouts, we heard that in some two hun-
dred districts of New York City, Tilden had about twenty thou-
sand majority, which indicated fifty thousand in the city. The
returns received from the rural districts did not warrant the
belief that they would overcome such a large city majority. From
that time, I never supposed there was a chance for Republican
success.
I went to bed at 12 to 1 o'clock. Talked with Lucy, con-
soling her with such topics as readily occurred of a nature to
376 RUTHERFORD BIRCHARD HAYES
make us feel satisfied on merely personal grounds with the result.
We soon fell into a refreshing sleep and the affair seemed over.
Both of us felt more anxiety about the South -about the colored
people especially--than about anything else sinister in the re-
sult. My hope of a sound currency will somehow be realized;
civil service reform will be delayed; but the great injury is in the
South. There the Amendments will be nullified, disorder will
continue, prosperity to both whites and colored people will be
pushed off for years.
But I took my way to my office as usual Wednesday morning,
and was master of myself and contented and cheerful. During
the day the news indicated that we [had] carried California;
soon after, other Pacific States; all New England except Con-
necticut; all of the free States West except Indiana; and it
dawned on us that with a few Republican States in the South
to which we were fairly entitled, we would yet be the victors.
From Wednesday afternoon the city and the whole country
has been full of excitement and anxiety. People have been up
and down several times a day with the varying rumors. Wednes-
day evening on a false rumor about New York, a shouting multi-
tude rushed to my house and called me out with rousing cheers.
I made a short talk, saying [as reported by the papers] :-
"Friends. -If you will keep order for one half minute, I will
say all that is proper to say at this time. In the very close political
contest, which is just drawing to a close, it is impossible, at so
early a time, to obtain the result, owing to the incomplete tele-
graph communications through some of the Southern and West-
ern States.
"I accept your call as a desire on your part for the success of
the Republican party. If it should not be successful, I shall
surely have the pleasure of living for the next year and a half
among some of my most ardent and enthusiastic friends, as you
have demonstrated tonight."
From that time, the news has fluctuated just enough to pro-
long the suspense and to enhance the interest. At this time the
Republicans are claiming the election by one electoral vote.
With Louisiana, South Carolina, and Florida, we have carried
one hundred and eighty-five [electoral votes]. This creates great
THE DISPUTED ELECTION 377
uneasiness. Both sides are sending to Louisiana prominent men
to watch the canvassing of the votes.
All thoughtful people are brought to consider the imperfect
machinery provided for electing the President. No doubt we
shall, warned by this danger, provide, by amendments of the
Constitution, or by proper legislation, against a recurrence of the
danger.
Sunday, November 12. -The news this morning is not con-
clusive. The headlines of the morning papers are as follows:-
The News, "Nip and Tuck"; "Tuck has it"; "The Mammoth
National Doubt";-and the Herald heads its news column,
"Which?" But to my mind the figures indicate that Florida has
been carried by the Democrats. No doubt both fraud and
violence intervened to produce the result. But the same is true in
many Southern States.
We shall, the fair-minded men of the country will, history
will hold that the Republicans were by fraud, violence, and in-
timidation, by a nullification of the Fifteenth Amendment, de-
prived of the victory which they fairly won. But we must, I now
think, prepare ourselves to accept the inevitable. I do it with
composure and cheerfulness. To me the result is no personal
calamity.
I would like the opportunity to improve the civil service. It
seems to me I could do more than any Democrat to put Southern
affairs on a sound basis. I do not apprehend any great or per-
manent injury to the financial affairs of the country by the
victory of the Democrats. The hard-money wing of the party
is at the helm. Supported, as they should be and will be, in all
wise measures, by the great body of the Republican party, nothing
can be done to impair the national credit or debase the national
currency. On this, as on all important subjects, the Republicans
will still hold a commanding position.
We are in a minority in the Electoral Colleges; we lose the Ad-
ministration. But in the former free States - the States that
were always loyal - we are still in a majority. We carry
eighteen of the twenty-two and have two hundred thousand ma-
jority of the popular vote. In the old slave States, if the recent
378 RUTHERFORD BIRCHARD HAYES
Amendments were cheerfully obeyed, if there had been neither
violence nor intimidation nor other improper interference with
the rights of the colored people, we should have carried enough
Southern States to have held the country and to have secured a
decided popular majority in the nation. Our adversaries are in
power, but they are supported by a minority only of the lawful
voters of the country. A fair election in the South would un-
doubtedly have given us a large majority of the electoral votes,
and a decided preponderance of the popular vote.
I went to church and heard a good, strong, sensible sermon
by Critchfield's son-in-law. After church and dinner I rode with
General Mitchell and his children out to Alum Creek and around
past the place of my old friend Albert Buttles. We talked of
the Presidential question as settled, and found it in all respects
well for me personally that I was not elected. On reaching
home at Mitchell's, we found my son Webb with the following
dispatch from Governor Dennison, a prudent and cautious gentle-
man, which seems to open it all up again: -
WASHINGTON, D. C., November 12, 1876.
Received at Columbus 2:05 P. M.
To GOVERNOR R. B. HAYES.
You are undoubtedly elected next President of the United
States. Desperate attempts are being made to defeat you in
Louisiana, South Carolina, and Florida, but they will not suc-
ceed.
W. DENNISON.
In the evening I asked if there were objections to publishing
this dispatch. About 10 P. M. reply came, "No objections."
COLUMBUS, OHIO, November 13, 1876.
MY DEAR GENERAL: - I am in receipt of your note of the 10th.
I can, on personal grounds, accept defeat, if that is the issue,
with the greatest composure, and almost with satisfaction.
While I believe that with a fair election in the South, our
electoral vote would reach two hundred, and that we should have
a large popular majority, I am yet anxious, as you are, that in the
THE DISPUTED ELECTION 379
canvassing of results there should be no taint of dishonesty.*
I have had no part in sending leading men South. If you, at
any stage of the proceedings, feel like going to Louisiana, it
would gratify me if you go. Hewitt's men are many of them
ex-Republicans, and of course bitterly prejudiced against their
late associates. Sincerely,
R. B. HAYES.
GENERAL CARL SCHURZ.
COLUMBUS, OHIO, November 13, 1876.
MY DEAR S-: -Thanks for your letter. Perhaps I ought to
say in a word how much I am obliged to you. No correspondent
during the one hundred and forty-four days has been so valued
as you, and my debt dates before and is likely to grow after that
period.
I am in the habit, for a day or two past, of saying: "Un-
doubtedly, a fair election in the South would have given the Re-
publicans a large majority of the electors, and also of the popular
vote of the nation; and I think that a fair canvass of the result
will still give us the one hundred and eighty-five votes required
to elect." Sincerely,
R. B. HAYES.
HONORABLE WILLIAM HENRY SMITH.
Confidential.
FREMONT, OHIO, November 23, 1876.
MY DEAR GUY: - Your letter addressed to me at Columbus is
before me. While I regret that you should be annoyed by the
* Mr. Schurz had written: -"Today there seem to be good grounds
for hope again for sufficient legitimate majorities in Florida, South
Carolina, Louisiana, and thus of your election. If this turns out to be
the result, accept my congratulations in advance. Your satisfaction can
scarcely be greater than mine.-I am sure, you are as anxious as I am,
and as every patriotic citizen must be, that such a result should not be
tainted by any suspicion of unfair dealing. I think the idea put forth
in several quarters that some men of high character should go to
New Orleans to watch the proceedings of the Returning Board, is a very
good one. The Democrats are already sending some of their prominent
men, and it ought to be done on our side."
380 RUTHERFORD BIRCHARD HAYES
loose report of my conversations, I cannot write anything on the
subject for the public. What I say is for yourself alone. My
general views on the Southern question were given authoritatively
and correctly in my Letter of Acceptance. I was not aware that
anybody was reporting my conversations on the result and con-
sequences of the election until I saw the publication you refer to.
That report is correct enough as far as it goes, but it is not
complete.
My feeling was and is, that a Democratic victory at this time
will prove especially calamitous to the South -not to the colored
people alone, but to the white people also. The South can't
prosper without immigration and capital from the North and
from abroad. This remark is not equally applicable to the
States west of the Mississippi. But it is measurably true there
also, I suspect. Doubtless you will have a large immigration
from the old Southern States which will help you. Now, that
the tendency of a Democratic victory is to drive off Northern
people, is a thing perfectly well known here. At least, such is
my opinion. Possibly, your better opportunity of judging may
correct my notions as to its effect on the colored people, but its
effect on the interests of the white people I have better means
to know than you have.
I can't see why your Democratic friends should annoy you on
this utterance of mine. The leading Democratic organ of the
party North, the New York World, complimented me on this
very point, and said it was an evidence of humanity and states-
manship.
I believe (I hope I am mistaken) that Southern Democrats
think it was a monstrous wrong to give the colored people the
ballot, and that it is excusable in them if they, the Southern
Democrats, in effect nullify the provisions of the Constitution
which secure this right to colored men. I hope sincerely that
the Southern Democrats will take the advice of the World, and
thus disappoint my apprehensions. In any event, I am the well-
wisher of all of my countrymen in the South. I hope they will
take the only course which can give them peace and prosperity.
THE DISPUTED ELECTION 381
Whatever the issue of this business, my affection for you will
not fail, but I shall remain "as ever" your friend.
Sincerely,
R. B. HAYES.
HONORABLE GUY M. BRYAN,
Galveston.
COLUMBUS, OHIO, November 26, 1876.
MY DEAR GENERAL:-Returning after an absence of over a
week at Cleveland, Fremont, and Toledo, I found here last night
your note of the 18th. I know your presence at New Orleans
would be important for good, but under the circumstances you
mention, you could not be reasonably asked to go.
It seems to me you are correct as to the propriety of the course
thus far taken by the Returning Board. Sherman writes me
commending Wells and Anderson as acting conscientiously and
judiciously. He thinks our right to the State unquestionable.
At many polls, besides the parishes usually named, there was
most atrocious means used to prevent colored people from
voting the Republican ticket.
I feel the gravity of the situation. To be counted out will be
a relief; but if otherwise, I will keep my thoughts on the true
interests of the country, and endeavor to do precisely right.
I shall be glad to hear from you often.
Sincerely,
R. B. HAYES.
P. S.-I failed to meet General Cox at Toledo. He was
absent from the State. This I regret. -H.
GENERAL CARL SCHURZ.
COLUMBUS, OHIO, November 27, 1876.
MY DEAR SIR: -I am greatly obliged for your letter of the
23d. You feel, I am sure, as I do about this whole business.
A fair election would have given us about forty electoral votes
at the South -at least that many. But we are not to allow our
friends to defeat one outrage and fraud by another. There must
382 RUTHERFORD BIRCHARD HAYES
be nothing crooked on our part. Let Mr. Tilden have the place
by violence, intimidation, and fraud, rather than undertake to
prevent it by means that will not bear the severest scrutiny.
I appreciate the work doing by the Republicans who have
gone South and am especially proud of the acknowledged honor-
able conduct of those from Ohio. The Democrats made a mis-
take in sending so many ex-Republicans. New converts are
proverbially bitter and unfair towards those they have recently
left.
I trust you will soon reach the end of the work, and be able
to return in health and safety.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN,
New Orleans.
Columbus, November 30, 1876. Thanksgiving.- The Presi-
dential question is still undecided. For more than two weeks it
has seemed almost certain that the three doubtful States would
be carried by the Republicans. South Carolina is surely Republi-
can. Florida is in nearly the same condition, both States being
for the Republicans on the face of the returns, with the probabil-
ity of increased majorities by corrections. Louisiana is the State
which will decide. There is no doubt that a very large majority
of the lawful voters are Republicans. But the Democrats have
endeavored to defeat the will of the lawful voters by the perpe-
tration of crimes whose magnitude and atrocity has no parallel
in our history. By murder and hellish cruelties, they at many
polls drove the colored people away, or forced them to vote the
Democratic ticket. It now seems probable that the Returning
Board will have before them evidence which will justify the
throwing out of enough [votes] to secure the State to those who
are lawfully entitled to it.
Thanksgiving dinner and evening at Laura's. A happy time.
December 1, 1876. -Colonel Roberts of [the] New Orleans
Times wanted an interview with me. Had lunch at Comly's.
After lunch he said he called on me to give me the views of
THE DISPUTED ELECTION 383
Lamar, of Mississippi, General Walthall, ditto, Wade Hampton,
of South Carolina, and probably [General] Gordon, of Georgia.
"You will be President," [he said]. "We will not make
trouble. We want peace. We want the color line abolished.
We will not oppose an Administration which will favor an honest
administration and honest officers in the South. We will favor
measures to secure the colored people all of their rights, We
may not, and probably will not, leave the party of opposition,
but such an Administration as you can have, we will support as
men of the opposite party can. We want nothing of you in the
way of promise or pledge."
This was the substance. I replied by saying I was gratified to
know it. That my Letter of Acceptance covered the whole
ground; that it meant all it said and all that it implied. This was
the substance.
In case of my election there will be further conference, and
I hope for good results.
December 3. Sunday. - Various indications lead me to think
that in Louisiana the report of the Returning Board will probably
be unfavorable. No doubt a fair election would have carried the
State for the Republicans. But it is possible that the wrong
cannot lawfully be corrected by the Returning Board. But sup-
pose they do correct without sufficient warrant of law. The
returns will be made to the President of the Senate, and on their
face the Republicans will have a majority. Suppose a way is
found to go behind those returns to the Senate. Should not,
in that event, the whole case be gone into? Should not the
equitable result be reached? Not only throw out the Democratic
majorities where violence procured them, but count in fairly the
honest Republican majorities which were prevented by lawless-
ness ?
COLUMBUS, OHIO, December 4, 1876.
MY DEAR GENERAL: -I send you the letter enclosed from a
very sound man, A. F. Perry, of Cincinnati, hoping it will re-
assure you. I am very hopeful that Grant's Administration will
be wise and prudent until this business is ended. The facts in
384 RUTHERFORD BIRCHARD HAYES
every case are grossly distorted by unfriendly hands in the tele-
graph offices of the South. This is not mere partisan talk. I
have it from the best sources. This should make us hesitate in
our judgments of all occurrences in that quarter. - Please re-
turn Mr. Perry's letter.
Sincerely,
R. B. HAYES.
GENERAL CARL SCHURZ.
Columbus, December 5, 1876. -Yesterday Elwood E. Thorne
and Francis A. Stout, of the Republican Reform Club of New
York, came here and had an interview with me. The purport
of their communication, written and oral, was that New York was
lost by coldness and neglect (perhaps treachery) on the part of
the New York managers of the canvass; meaning Cornell [and]
some of the Federal officers --- generally. I suppose, friends of
Conkling. Their facts were not very conclusive, but tended to
show a lack of hearty support.
In the afternoon a number of Republicans who have been in
New Orleans to witness the proceedings of the Returning Board,
on the Invitation of the President, or of the National Republican
Committee, stopped here on their return East. Senator Sherman,
General Garfield, Eugene Hale, of Maine, Mr. Stoughton and
General Van Alen, of New York, and General White, of Indiana
County, Pennsylvania, constituted the party. Courtlandt Parker
[of New Jersey] did not stop, but returned with this party. They
called on me at my office about 3 P. M., General Comly and Webb
being present. They spread before me very fully the condition
of things in Louisiana, and the action of the Returning Board.
They emphatically endorsed the general fairness and honesty of
the board's conduct. They said it was the opinion of all of the
Republicans Who went down to New Orleans that the Republican
ticket was lawfully and honestly entitled to be declared elected.
That largely more parishes and polls ought to be thrown out
for violence and intimidation than were necessary to elect the
whole Republican ticket state and national; that a fair election
would have given the Republicans not less than thirteen to fifteen
THE DISPUTED ELECTION 385
thousand majority; that the intimidation was deliberately planned
and systematically executed by means of rifle clubs organized in
the parishes selected for the process of intimidation known as
"bulldozing."
I asked each of the gentlemen for his individual views. All
concurred in saying in the strongest terms that the evidence and
law entitled the Republican ticket to the certificate of election,
and that the result would in their opinion be accordingly.* They
spoke highly of Wells and Anderson [of the Returning Board],
and favorably of the two colored men.
Thanks to Laura and Webb they were all entertained, with
Honorable A. F. Perry [of Cincinnati], at our house last evening.
It was a jovial little gathering. Lucy and Laura, the only ladies.
Lucy and I before they came took tea with Mrs. Price at Mr.
John L. Gill's.
Columbus, December 6, 1876. - Last evening we gave a recep-
tion to the Ohio Electoral College, all present, [and] General
Wikoff and State Republican Committee. My neighbors, Patter-
son, William G. Deshler, and John L. Gill, Denny Rogers, and
a very few others. During the evening we got dispatches from
Governor Kellogg, Mr. Packard, and Mr. Ray, of Louisiana,
showing Hayes electors chosen by over three thousand. This
*Mr. Parker, whom a professional engagement had called directly
home, wrote Mr. Hayes from Newark, New Jersey, December 5, saying: -
"If the count finally reported by the Returning Board in Louisiana shall
entitle the Republican electors to their certificate, you need have no
scruples against their votes. I attended almost all the sessions of the
board. They were especially fair and open. Technicalities received no
favor. I acquainted myself likewise, so far as the nature of things
permitted, with the evidence upon the subject of intimidation. No one
except returning officers can speak as to the extent to which this evidence
is applicable. I can only say that if the testimony I have not seen is
like that with which I have been made acquainted, the exclusion of any
votes affected will be justifiable, and that the conduct of the board
shows them to be men in whose judgment and desire to do right full
confidence may be placed. The law of Louisiana as to this matter is the
law of the Union. The board is vested by that law with full jurisdiction
in the premises. And from what I have seen of them [the members of
the board] I shall be ready to acquiesce as readily in their decision,
while all must allow, I suppose, that it is legally final."
25
386 RUTHERFORD BIRCHARD HAYES
entitles us to one hundred and eighty-one electoral votes with-
out Florida. Wires down in Florida! Mrs. Herron, Laura, and
Emily Platt, with Lucy, did the honors, and the affair was suc-
cessful.
Private.
COLUMBUS, OHIO, December 6, 1876.
MY DEAR SIR: -I have read your article [in the Westliche
Post of December 3] on the mode you suggest for determining
contested Presidential elections. Its general tone and purpose
strike me favorably. What is wanted is an Article [in the Con-
stitution] which shall practically embody the views you maintain.
The suggestion is not in a condition for presentation. We can't
say yea or nay to it until we see it in form for a place in the
Constitution.
I am overwhelmed with callers, congratulating me on the re-
sults declared in Florida and Louisiana. I have no doubt that
we are justly and legally entitled to the Presidency.
My conversations with Sherman, Garfield, Stoughton, and
others settled the question in my mind as to Louisiana.
Sincerely,
GENERAL CARL SCHURZ. R. B. HAYES.
( Telegram. )
COLUMBUS, OHIO, December 6, 1876.
HONORABLE ALPHONSO TAFT,
ATTORNEY-GENERAL,
Washington, D.C.
The whole story* referred to in your letter is a fabrication.
Nothing of the sort occurred. Assure my friends of this.
R. B. HAYES.
* Mr. Taft had written: -"An absurd story has been put in circulation
by the Cincinnati Enquirer that at an interview between you and Roberts
who was acting for Southern Democracy, you expressed the purpose to
do sundry things specified in the article which no doubt you have seen.
This has been so represented to the President by some person as to
annoy him a little, though he does not credit the report .... By the
way, I think it possible, that that story as to the interview with you, was
intended to cool off the zeal of the President in maintaining the cause
of the party in the South."
THE DISPUTED ELECTION 387
Columbus, December 7, 1876. - The Electoral College of Ohio
met yesterday. Mr. Perry presided. A unanimous vote for
Hayes and Wheeler. All passed off pleasantly. During the day,
I received dispatches from Pennsylvania, Illinois, and South
Carolina, showing that in these States the colleges voted for
Hayes and Wheeler. In the evening, Platt, Laura, Emily, and
Fanny came in with General Mitchell, Dr. Fullerton, and Ruddy
Platt, and later Mr. John W. Andrews and Mrs. Andrews, and
Miss Grayson. We received dispatches during the evening from
all of the Republican States except Florida, Iowa, Nebraska,
Colorado, and Oregon.
We all felt doubts about Oregon. The vote of the State was
indisputably Republican by eleven hundred majority and over.
But one of the Republican electors, it has been charged, is in-
eligible, being a postmaster. The Democratic governor heard
argument on his right to refuse to give him a certificate. All this
we knew. It led me to think there was a probability that the
governor would commission the highest Democrat on the de-
feated ticket and thus give Tilden the one hundred and eight-five
votes required to elect. We retired after our visitors left, having
had a lively, happy little gathering, but with this doubt and
solicitude about Oregon on our minds.
This morning Isaiah, our colored man, when he came in to
build the fire, laid the State Journal on our bed. He lighted the
gas and I read the telegraphic accounts, showing how Governor
Grover of Oregon had refused to commission Watts, the Repub-
lican elector, an ex-postmaster, and had given the certificate of
election to Cronin, the highest Democratic elector, and how he,
Cronin, had met as the college and elected two Republicans to
fill the two vacancies created by the refusal of the Republicans,
two of whom were commissioned, to act or meet with him; and
how this college met and cast two votes for Hayes and Wheeler
and one for Tilden and Hendricks, thus giving in the nation to
Hayes and Wheeler one hundred and eighty-four electoral votes
and to Tilden and Hendricks one hundred and eighty-five votes,
and in this way electing the latter President and Vice-President.
The two regularly commissioned Republican electors met;
Watts, the postmaster resigned, was re-elected, and this college
388 RUTHERFORD BIRCHARD HAYES
gave Hayes and Wheeler the three votes of Oregon, making their
aggregate one hundred and eighty-five, and thus electing them,
if this vote is treated as the true one.
Here is the danger. A contest ruinous to the country, danger-
ous, perhaps fatal to free government may grow out of it. I
would gladly give up all claim to the place, if this would avert
the evil without bringing on us a greater calamity. I am de-
termined that no selfish ambition or interest shall influence my
conduct in the face of these tremendous events. Whatever, on
the whole, is best for the country, that I will do if I can know it,
regardless of consequences to myself. I shall keep cool, master
all tendencies that may lead me astray, and endeavor to act as
Washington would have acted under similar circumstances.
My wife feels some disappointment, is unhappy on account
of the consequences of our defeat to the poor colored people of
the South, but on personal grounds is contented, and will without
effort show her usual cheerfulness. We shall both bear this new
responsibility with composure. Our friends will suffer more
than we shall, whatever the suspense or the final result.
COLUMBUS, OHIO, December 7, 1876.
MY DEAR GENERAL: - Since writing yesterday I have heard
of the unwarranted action of Governor Grover of Oregon. It
perhaps does not at all change the duties of public men in rela-
tion to the important subject of your Amendment. Judge Ed-
munds has an Amendment which is intended to provide a remedy
for the difficulty. How does it consist with the plan you have
in view? I prefer not to be quoted until I am better informed
as to the specific plans proposed.
One thing you can count on: I mean to do my duty unin-
fluenced by selfish ambition or interest. I feel very strongly
that in the presence of the tremendous dangers now threatening
us, we should all try to be deliberate and calm-not hasty to
condemn or to act - remembering always what an unmixed evil
civil war is.
Sincerely,
GENERAL C. SCHURZ. R. B. HAYES.
THE DISPUTED ELECTION 389
December 8. - The Oregon fraud appears to have been carried
out in so bungling a way that it is not likely to do more than
complicate matters. Indeed, it now looks as if it would damage
our adversaries in the public judgment without in any manner
injuring us. The fraud is so transparent, palpable, and dis-
graceful, that it is not impossible that it will be thrown aside
without dissent from any quarter.
Columbus, December 16, 1876.- We returned last night from
Dayton. Our visits with John W. Herron, at Cincinnati, and
Richard C. Anderson, at Dayton, were most happy. Lucy was
in excellent spirits. Webb (who left us at Cincinnati) picked
up a knowledge of Cincinnati public men, which he wanted, and
had a good time generally. At Dayton I made an offhand talk
which seemed to be successful. Several hundred people shook
hands with a gushing sort of enthusiasm, and I was visited by
many of the best people. The ladies were very civil to Lucy.
At Springfield the people, especially the workingmen, turned out
in great force. I spoke from the rear of the car until the train
moved on. The weather has been favorable; rather cold, but
bright and clear.
COLUMBUS, OHIO, December 16, 1876.
MY DEAR SIR: - Thanks for your favors. Touching the busi-
ness of Mr. Shaw, I am free absolutely from committals as to
persons or policies. People who talk to me are listened to re-
spectfully, and I talk quite freely up to the point of my Letter,
and other public utterances, but I have no private assurances
for any of my visitors. I have no prejudices which will prevent
me from listening to suggestions impartially.
I mean to keep myself free as long as practicable, and to hear
in a friendly spirit all that may be offered. I do not like to
mention names, but this disposition extends to all. My desire
is to have a strong, wise, and successful Administration. All
personal considerations must yield to this. I want to hear from
you fully, freely, and confidentially.
Sincerely,
HONORABLE JOHN SHERMAN. R. B. HAYES.
390 RUTHERFORD BIRCHARD HAYES
COLUMBUS, OHIO, December 16, 1876.
MY DEAR S-: - I have three letters from you. Do not think
if I write little that I underestimate my obligation to you for
what you are doing. I value your letters and note all you say
carefully. I am very hopeful that much good will come from
friendly relations with good men South -sooner or later. But
one thing I may still say to all friends. That is, I am perfectly
free from committals as to persons and policies, except as im-
plied in my Letter and other public utterances. There is nothing
private.
Sincerely,
R. B. HAYES.
HONORABLE WILLIAM HENRY SMITH.
COLUMBUS, December 16, 1876.
MY DEAR GENERAL: -I am exceedingly obliged for your let-
ters. Your views are so nearly the same as mine that I need
not say a word. I am wholly uncommitted on persons and
policies, except as my published letters and other public ut-
terances show. There is nothing private. The war feeling has
no hold in Ohio worth a moment's consideration. The lawful
result will be received as it should be. I am overwhelmed with
letters and other affairs, so excuse this crusty note.
Sincerely,
R. B. HAYES.
HONORABLE J. A. GARFIELD.
December 17. - Yesterday Colonel Albert D. Shaw, consul at
Toronto, came from Washington to talk with me about affairs
there, and [concerning] my purposes as to persons and policies.
He is a friend of Senator Conkling, and seemed to be on inti-
mate terms with the Secretary of War [Cameron] and others
in high places. He talked forcibly and with much feeling. He
fears that the apprehension that I am in the hands of the reform
element of the Republican party, will lose me in the Senate the
friendship and support of enough Senators, in the approaching
struggle in the Senate, to change the result of the Presidential
THE DISPUTED ELECTION 391
election, and bring in Mr. Tilden. Mr. Conkling has been com-
mitted against our present views on some of the legal questions
now before the country; notably, as I infer, on the right of the
Senate and House to pass on the returns of the electoral colleges.
The Southern Republican Senators are afraid they will be ig-
nored, as "carpetbaggers," or [as] otherwise objectionable under
the Hayes policy of conciliation. Names were not mentioned,
but Spencer, of Alabama, Dorsey, of Arkansas, Clayton, and Con-
over seemed to be the Senators Colonel Shaw was thinking of.
I told Colonel Shaw I had concluded that I ought to take no
part in the pending contest in Washington; that I should prob-
ably make no declaration of policies, and no committal as to
members of my Cabinet, until the result was announced in Feb-
ruary. That I stood on my Letter. That as to Southern affairs,
it [the Letter] plainly indicated what I thought desirable. That
the Southern people must obey the new Amendments and give
the colored men all of their rights; that peace in that country
could only be had in this way; that prosperity would come to the
South with immigration from the North and from Europe; that
to get this, people must feel as free to go to the South as they
now do to go to Kansas or Nebraska; that I had no private
views or pledges to give; that what I said to him I said publicly,
and to all who called on me and desired to know my views.
He showed the reasons why Mr. Conkling took no active part
in the canvass; that his health was broken, and his eyes required
that he should remain in a dark room. He explained the bad
faith of [George William] Curtis towards Conkling; of Bristow
towards Conkling and Grant; of [Governor] Morgan towards
Conkling, etc. He urged the appointment of Conkling (or rather
of his being offered the appointment) as Secretary of State.
Spoke well of Platt, of Morrill, of Maine, of [the] Secretary
of War; and in disparagement of Chandler, Blaine, and Jewell.
Although I gave him no pledges, and merely said, as to ap-
pointments, I would try to give just consideration to the claims
of all sections of the Republican party, he seemed to be pleased
with what I told him. He evidently came with a desire to be
pleased, and left, professing to think he could overcome diffi-
culties at Washington.
392 RUTHERFORD BIRCHARD HAYES
COLUMBUS, OHIO, December 17, 1876.
MY DEAR SIR:--Colonel Shaw has been here and returned.
He seemed pleased with his interview. Of course, no pledges or
assurances were given, beyond those which are public and [are]
given to everybody. I told him I was in no way committed to
persons or as to policy except as the public knew; that I would
try to deal fairly and justly by all elements of the party; and [I]
talked as I always do about the South. He thinks he can remove
some difficulties on his return. It seems to me I should remain
quietly in Ohio, and take no active part in present complications.*
But I will be glad to hear from you, and will rely much on your
views.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
COLUMBUS, OHIO, December 17, 1876.
MY DEAR GOVERNOR:--I am exceedingly obliged for your
valuable letters. It seems to me desirable that I should remain
quietly in Ohio, committing myself to no person or policy beyond
that which the public may fairly infer from my Letter and other
published and authorized utterances. Believing firmly that I
have been honestly and legally elected, I propose to wait con-
tentedly for the issue. If the result is changed by violence, fraud,
or treachery, I shall suffer less than my friends -less than the
country; and, I may truly say, I shall suffer chiefly on their
account.
Sincerely,
R. B. HAYES.
HONORABLE WILLIAM DENNISON.
* Mr. Sherman had written December 9:--"There is a strong feeling
in certain quarters here that you should come to Washington in an
informal way with a view of conferences as to some important points.
My judgment has not inclined me as yet to the necessity or propriety of it,
but it may be that events will occur to render it expedient for you to
come, of which you will be advised in time. Please turn it over in your
mind, so as to be prepared if the request should be sent you. In case
you come it would be better for you to stay with me, rather than at
the President's or at a public house, but of this I will advise you
further."
THE DISPUTED ELECTION 393
Private.
COLUMBUS, OHIO, December 24, 1876.
MY DEAR S-: - Enclosed I return you the letters [giving in-
formation of efforts being made by Colonel A. J. Kellar, of
Memphis, General Henry V. Boynton, Washington correspondent
of the Cincinnati Gazette, and others to create and encourage
Hayes sentiment in the South]. I do not wish to be committed
to details. It is so desirable to restore peace and prosperity to
the South that I have given a good deal of thought to it. The
two things I would be exceptionally liberal about are education
and internal improvements of a national character. Nothing
I can think of would do more to promote business prosperity,
immigration, and a change in the sentiments of the Southern
people on the unfortunate topic. Too much politics, too little
attention to business, is the bane of that part of our country.
I go to Xenia- Orphans' Home - Monday evening and re-
main until Tuesday evening. Could you meet me there Tuesday?
Sincerely,
R. B. HAYES.
HONORABLE WILLIAM HENRY SMITH.
Private.
COLUMBUS, OHIO, December 25, 1876.
MY DEAR SIR:-I have your esteemed favor and have also
met Judge Taft and Governor Dennison. There will not be the
slightest difficulty growing out of the matter you refer to. You
know my general course of conduct. It has always seemed to me
wise in case of decided antagonisms among friends not to take
sides - to heal by compromise, not to aggravate, etc., etc. I wish
you to feel authorized to speak in pretty decided terms for me
whenever it seems advisable-to do this, not by reason of
specific authority to do it, but from your knowledge of my gen-
eral methods of action.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
394 RUTHERFORD BIRCHARD HAYES
[The letter, to which the foregoing is a reply, is so significant
that it is given in full:
UNITED STATES SENATE CHAMBER, December 22, 1876.
DEAR GOVERNOR: - I send you today two documents in regard
to counting the electoral votes, which I know you will read with
attention, being McDonald's and Wheeler's compilation of facts
occuring when the electoral votes were counted from 1789 to
1873.
A subject of a good deal of delicacy has been much talked of
within the last ten days here, and I have been urged by members
of the Cabinet, and Senators of high influence, to write you about
it, but it seemed to me so delicate a thing to do that I declined at
first. I have, however, joined with Morton in a written request
that Judge Taft would stop and speak to you fully the strong
feeling of the President in regard to a gentleman high in position
in this country, and he has agreed to do so. Governor Dennison,
also, who left last evening is pretty well informed of the matter
and will no doubt speak to you about it.
I cannot conceal my anxiety about the action of several men
in the Senate whose votes may be decisive in the construction of
a law or joint rule for the counting of the electoral votes. The
case now on paper is so plain that I am extremely solicitous that
no concurrent act of the two Houses shall impair it; still it is
manifest that from the precedents some joint action of the two
houses will be taken, and it seems to be conceded that if the two
Houses should agree in rejecting a return there is no way to help
it, and the President would feel bound to recognize it. I have
said enough to show you my earnest conviction that no feeling of
prejudice or hostility should operate upon the mind of President
or Senators, and that it is right for you to frankly remove any
misapprehension, if you can do so without abandoning the
position you have taken as a waiting spectator of the canvass.
When persons of influence come to me to write to you I am very
reluctant to do so; but I do wish that some ready mode of com-
munication could be had with you.
I do not know whether you have written to the President
since the meeting of the Electoral Colleges, but it would seem to
THE DISPUTED ELECTION 395
me an act of simple courtesy to write him if you have not already
done so. His present position, great public services, and friendly
conduct would justify extreme deference to his opinions.
Very truly yours,
JOHN SHERMAN.]
GOVERNOR R. B. HAYES,
Columbus.
Private.
COLUMBUS, OHIO, December 29, 1876.
MY DEAR SIR:- I wish in strict confidence to say that in
case our adversaries go to law with us, I shall want you to assist
the Attorney-General. Let your thoughts dwell on the points
that may be raised either to question our rights or simply to
perplex and annoy us.
One other matter: My judgment is that neither House of
Congress, nor both combined, have any right to interfere in the
count. It is for the Vice-President to do it all. His action is
final. There should be no compromise of our constitutional
rights. We should firmly insist upon them.
Again, allow me to assure you that I am in no way committed
as to persons or policies. No one is authorized to commit me. I
shall remain free to the end.
Sincerely,
R. B. HAYES.
HONORABLE S. SHELLABARGER.
Confidential.
COLUMBUS, OHIO, December 29, 1876.
MY DEAR SIR: - I am exceedingly obliged for your interesting
note of the 25th. Without expressing any opinion on the points
you state so clearly, I may suggest a query: Can an Act of
Congress take from the Vice-President the authority (the duty)
the Constitution has vested in him?
Sincerely,
R. B. HAYES.
HONORABLE H. M. CONGER.
396 RUTHERFORD BIRCHARD HAYES
Columbus, Ohio, December 30, 1876. - Twenty-four years ago
today we married. A happy event for me, for us both.
We look back with satisfaction. Our children are good.
We have had cold weather this month. The Ohio frozen
over; navigation closed. Yesterday a deep snow fell on the
well prepared ground.
The political event of the week is the visit made me by Judge
T. J. Mackey, of Chester, South Carolina, with a letter from
General Wade Hampton. Mackey is a fluent and florid talker.
His representations are such as lead one to hope for good results
by a wise policy in the South. The letter is not of much im-
portance except as it indicates General Hampton's views of duty
in case of armed resistance by the Democrats. I have a dispatch
from C. P. Leslie as follows:- "I warn you to beware of Tom
Mackey. . . . He is a first-class fraud. . . ."--This is
a specimen of the Southern complications.
COLUMBUS, OHIO, December 31, 1876.
MY DEAR SIR:- I still think I ought to leave Washington
well alone. I have many friends in that city who can of their
own motion speak confidently of my ways of thinking and acting.
An authorized representative could remove some troubles that
you now see, but only think of yet greater troubles he might
create.
I like to get your suggestions, and am interested in the facts
you give. Do not misconstrue my silence if in the hurry of time
I fail to reply.
Sincerely,
R. B. HAYES.
HONORABLE J. A. KASSON.
COLUMBUS, OHIO, December 31, 1876.
MY DEAR GOVERNOR:-- I have your letter of the 30th. I have
not looked into the question you suggest. With the aid of Little
I will be able to get at the truth. I am glad you mentioned it.
It did not occur to me as a question.
THE DISPUTED ELECTION 397
The grand demonstration I had not heard of. Such affairs
need judicious looking after by somebody, but, of course, I
cannot interfere with them.
Something like your views as to a friend or friends at Wash-
ington has been mentioned by a good many. There are two sides
to it. It seems to me that Comly and Shellabarger and Dennison
can give such facts about my general ways of thinking and
action as will accomplish all that is right and practicable.
I am in the habit of saying that we can better afford defeat
by the knavery of the adversary or the crotchets or treachery of
friends than success by intrigues. Of course, I understand you
to mean that we must have men at Washington prepared to de-
feat the corrupt practices of our adversaries. For this purpose
the gentlemen I name can be useful, and other of our friends who
may be in Washington can lend a helping hand. This must be
left to volunteers. For me to select and send to Washington a
representative would, in my judgment, be a mistake. Think of it.
I will hear and heed, but you have my decided impression.
Sincerely,
R. B. HAYES.
GENERAL E. F. NOYES.
Private.
COLUMBUS, OHIO, December 31, 1876.
MY DEAR SIR: -I recognize the friendliness and sincerity of
your purpose, but it seems to me it would be a mistake for me to
send a representative to Washington. There are several Ohio
men in Washington who know my methods of thinking and acting
in public affairs. They can of their own motion speak confi-
dently. Such men as Shellabarger, Comly, Noyes, Little, etc.,
etc., not in official positions at Washington, and various Senators
and Representatives can perhaps do and say all that can properly
be said and done. All this must, I am confident, be left to
volunteers, such as the men I name or allude to. Don't misunder-
stand me. I am ready to hear and to heed the suggestions of
friends. But I see this business today as above indicated.
Sincerely,
R. B. HAYES.
398 RUTHERFORD BIRCHARD HAYES
P. S. -You now see the troubles which an authorized friend
could remove. If you had such a friend in Washington, what
other and greater trouble might you not then see? - H.
WILLIAM E. CHANDLER.
Confidential.
COLUMBUS, OHIO, December 31, 1876.
MY DEAR COLONEL:-Thanks from Scott for the Indian
"shinny." I don't remember the name you gave it.
I shall be glad to see you any time. I go to Fremont for a few
days within a fortnight or so. With that exception, I expect to
be here during January.
Of course friends see my duty variously. I must adhere to
my own views. You notice how I am charged with bargaining
to get the place. It is a great comfort to feel how unfounded
all such stuff is. We can better afford defeat by the knavery of
adversaries than to win by intrigue - bargain and sale. At any
rate, I see the true position to be "hands off."
Sincerely,
R. B. HAYES.
COLONEL A. D. SHAW.
Columbus, January 1, 1877. - A deep snow; six to ten inches
on a good solid and smooth foundation has given us good sleigh-
ing for the last two or three days. Cold and cloudy this morning.
Our family are all enjoying good health and fair fortune. Ruther-
ford is at home from Cornell. Webb is our stand-by. Birch
remains at the law school during the vacation. Lucy receives
New Year's callers today at home (60 Broad Street).
Columbus, Ohio, January 2, 1877. - Our cousin Mary Birch-
ard, of Fayetteville, Vermont, was lost in the fearful railroad
accident at Ashtabula, Friday evening. We have learned none of
the particulars as to her fate beyond the general facts of the catas-
trophe. The accident was the most dreadful that has ever oc-
curred on any railroad in Ohio, and has rarely been equalled
in the number of victims and other circumstances of horror any-
THE DISPUTED ELECTION 399
where. Poor dear Mary! She was a kind-hearted, lovable wo-
man. When I last met her, Ohio Day at Philadelphia, she was
one of the happiest in that great throng of people.
Private.
COLUMBUS, OHIO, January 2, 1877.
MY DEAR SIR: -I am greatly obliged for your full letter. It
is all interesting.
The questions in my thought, when I wrote you, were such
as may arise, after the count is declared in favor of the Republi-
can candidates, between them and the Democrats who are also
sworn into office. Such as quo warrantos, etc., etc.; efforts to
get or keep possession of the government offices and property,
and the like. In short, the questions Tilden can make, claiming
to be de jure President and the Republican de facto.
On the Louisiana vote our equitable right to the State is in-
disputable. I will send you in a day or two Redfield's letter.
If we go back of the Returning Board, why not go into the
merits? How would Louisiana have voted if the election had
been fair?
Sincerely,
R. B. HAYES.
HONORABLE S. SHELLABARGER.
COLUMBUS, OHIO, January 3, 1877.
MY DEAR S-: - I am not a believer in the trustworthiness of
the forces you hope to rally. After we are in, I believe a wise
and liberal policy can accomplish a great deal. But we must
rely on our own strength to secure our rights. With firmness
it can be done.
Sincerely,
R. B. HAYES.
HONORABLE WILLIAM HENRY SMITH.
COLUMBUS, OHIO, January 3, 1877.
MY DEAR UNCLE:-We have been in an agony of suspense
about our dear Mary for several days. After hoping against all
400 RUTHERFORD BIRCHARD HAYES
reasonable probabilities, we are now compelled to yield to the
evidence and admit that she is among the unfortunate victims.
You have our deepest sympathy and prayers. We pray that you
and Aunt Birchard may have grace, under the merciful goodness
of God, to bear up, and to receive in full measure consolation
from the only Power that can sustain you in your great sorrow.
Affectionately,
R. B. HAYES.
HONORABLE A. BIRCHARD,
Fayetteville, Vermont.
Columbus, January 5, 1877. - My advices are that the result
of the action of the Senate will depend on the report the com-
mittee of the Senate makes on the election in Louisiana. This
seems not to be in much doubt, but there is enough to leave me
in a state of suspense. I must, therefore, prepare for either
event. The Cabinet is the chief work. Next the inaugural. As
to the address, I wish to repeat my Letter of Acceptance (1) on
currency and national faith, (2) on civil service reform, (3)
on the South. I must urge a liberal policy towards the South
especially in affording facilities for education and encouraging
business and emigration [immigration(?)] by internal improve-
ments of a national character.
Confidential.
COLUMBUS, OHIO, January 5, 1877.
MY DEAR SIR: - I have your note of the third. I do not wish
to influence the action of our friends, and do not volunteer
opinions. But you have a right to my opinion. I believe the
Vice-President alone has the constitutional power to count the
votes and declare the result. Everything in the nature of a con-
test as to electoral votes is an affair of the States. The rest is a
merely ministerial duty. Therefore, it is not right in my judg-
ment for Congress to interfere.
Sincerely,
R. B. HAYES.
THE DISPUTED ELECTION 401
P. S.-I would like your opinion and Senator Morton's on
resigning as governor before the count in February.* It would be
a decided announcement of my own opinion as to the result
of the election. I can do it with great satisfaction, whatever the
probable action of the two Houses, if it is thought advisable.-H.
HONORABLE JOHN SHERMAN.
COLUMBUS, OHIO, January 9, 1877.
MY DEAR GENERAL: -I am disappointed. I felt the incon-
gruity of the proposition,+ and feared that I would wound a
friend by making it. But I saw great good in it, and ventured
to hope. You have no doubt done wisely. Do not allow it to
leave a shadow between us, if you can help it. I believed that I
could make it even with you before the year ended, or I would
not have thought of it.
Mr. Horton's letter is very sound. I return it as you request.
I am glad you gave your views of men. Do not hesitate to do
it in future.
As to secretary, I must follow the traditions, I suppose. Your
views on the army would, of course, be useful to me. Among
the possibilities for you, that department was one of the promi-
nent ones.
With kindest regards to Mrs. Force,
Sincerely,
R. B. HAYES.
GENERAL M. F. FORCE.
*To this Mr. Sherman replied January 13:-"I had some conversation
with Morton as to your resignation and he expressed himself strongly
in favor of it at an early day. I think it better for you quietly to
hold on until near the time for counting the vote. At Columbus you are
accessible, and the strength of your position is in the dignified waiting for
results without unseemly anxiety and without suspicion of improper in-
fluence. I have mentioned the question to no one else and your good
judgment must settle it."
+ The offer he had made to General Force of the position of private
secretary. General Force thought the position incompatible with his dis-
tinction and dignity. It had not at that time been raised to its present
rank and importance.
26
402 RUTHERFORD BIRCHARD HAYES
COLUMBUS, January 16, 1877.
MY DEAR SIR:-I have your letter of the 18th. Your speech
was in all respects admirable. I read it in the Record and again
now.
I shall be glad to leave the question of the resignation for
future decision. I can't suppose that the plan to cast lots for the
Presidency will be adopted. The country will condemn it un-
hesitatingly. I write in much haste.
Sincerely,
R. B. HAYES.
P. S. - The war fever is about dead. - H.
HONORABLE JOHN SHERMAN.
Columbus, January 17, 1877.--Wheeler, Chandler (William
E.), and others write that Conkling is decidedly hostile, and that
he has enough followers to pass through the Senate a compromise
measure. The effect of this is to change the result, in all prob-
ability.
Well, I am personally content. I must go on to the end, and in
the meanwhile prepare for either event. For the office, I must
have a private secretary and Cabinet, and [I must write] an
inaugural address. My friend General Force is my preference
for private secretary. He declines, and almost feels hurt that
I suggested it to him. General Kennedy is my next choice.
On the subject of Cabinet, I have talked with Mr. Wheeler,
General Cox, General Buckland, and a few others. I am inclined
to say that I must not take either of the leading competitors for
the Presidential nomination, nor any member of the present
Cabinet. My thoughts rest on Evarts for the first place. On
Governor Rice or Forbes, of Massachusetts, or Sherman for
[the] Treasury. On General Harlan, of Kentucky, for Attorney-
General. I think well of General Harrison, of Indiana, and
Settle, of North Carolina, for places. Governor Hartranft [of
Pennsylvania] has a Democratic lieutenant-governor, or he
might be favorably considered. McCrary, of Iowa, for a place.
Booth, of California, (but his seat in the Senate would be filled
by a Democrat).
THE DISPUTED ELECTION 403
Private.
COLUMBUS, OHIO, January 17, 1877.
MY DEAR GENERAL:-I returned late last night, and found
here your letter. I have no time to reply suitably this morning,
but hasten to assure you that nobody is authorized to represent
me on the subject of the count. I have thought it fitting that I
should let that matter well alone. Of course, I have opinions.
But I shall abide the result. No one ought to go to war, or
even to law about it.
I am free to say to you that I concur with Kent. But others,
abler to judge, think otherwise, and I recognize their right as
good Republicans so to think. Many good Republicans think
that the interests of the party will be promoted by Tilden's suc-
cess. I can see many reasons for this opinion. In the absence
of Congressional action, the Vice-President should count and
declare. I am not favorably impressed with leaving it to be de-
cided by lot. But I beg you to believe me sincere when I say
that I take no part in this, and shall quietly await the event.
There is a contingency which I must be prepared for. I must
consider, if not write, an inaugural, and consider, if not appoint,
a Cabinet. On these points, I am glad to hear from all my
friends.
I had a good talk with General Cox at Toledo Saturday.
Write often and fully.
Sincerely,
R. B. HAYES.
GENERAL CARL SCHURZ.
COLUMBUS, OHIO, January 20, 1877.
MY DEAR S-:-I return the letters as requested.
As to the visits of friends, I like to see all, but I don't like to
request specially their presence. I would like to see you any
time, and I so say.
I am not disturbed by recent events.
Sincerely,
R. B. HAYES
WILLIAM HENRY SMITH.
404 RUTHERFORD BIRCHARD HAYES
Sunday, January 21.- The compromise report by the Joint
Committee seems to be a surrender, at least, in part, of our case.
The leading constitutional objection to it, perhaps, is that the
appointment of the Commission by act of Congress violates that
part of the Constitution which gives the appointment of all other
officers "to the President." To this it will possibly be replied
that the members of the Commission are not officers; that they
are analogous to referees and master commissioners, to advisory
boards, or committees. But is this true? Their decisions stand
unless both houses of Congress concur in overruling them. If
the Commission decides to throw out the vote of Mississippi, the
vote of that State will be lost if one house concurs. If the
Commission decides that Cronin's vote for Tilden shall be count-
ed, it will be counted if the House alone concurs.
The Commission is analogous to inferior tribunals. Its de-
cisions are binding unless the superior tribunal overrules them
by a concurrent vote of both houses. The President of the Senate
and the Senate may be overruled by the Commission and the
House.
Surely, the members of such a commission are officers. Their
appointment by Congress is a usurpation of the Presidential
authority. If the bill has not a two-thirds vote in both houses,
the President's veto ought to prevent it from becoming a law.
The next most important objection to the bill is, that if passed
it may turn out to be an act to prevent the counting of the elec-
toral vote. There can be no count if the Commission refuses or
fails to act. This power to prevent a decision is a power far
above any power belonging to referees, master commissioners,
advisory boards, or committees.
[The morning of the day on which the Joint Committee was to
introduce the Electoral Commission Bill, Mr. Sherman wrote:--
WASHINGTON, D. C., January 18, 1877.
DEAR SIR:--Before you receive this you will have read the
plan the Joint Committee have reported to count the electoral
vote. I have just learnt from an authentic source the precise
terms of it and my judgment is against it. It is a clumsily
THE DISPUTED ELECTION 405
constructed machine to allow timid or treacherous men to de-
feat your election. The worst feature is the degradation of the
Supreme Court by picking out the strongest partisans on both
sides and requiring them to agree upon an umpire. In the
election of the Committee from the two houses the Democrats
have all advantage. They will select bitter partisans, while in
the Senate we cannot conceal that we are measurably in the
power of men who do not want your election declared. I cannot
be mistaken in attributing this hope to Conkling and others
whom I suspect but must not name. As to several Senators from
the South whom we feared, I am satisfied they will heartily sus-
tain your election.
My inclination at this moment is at once to take decided and
earnest ground against this scheme as unconstitutional and im-
practicable - as a virtual surrender of your rights as President
elect of the United States. I believe the scheme can be defeated.
What will come after its defeat it is hard to tell; but our rejec-
tion of any plan proposed will be a point against us, unless we
can propose a better one.
It has always seemed to me that a law providing for a summary
appeal on writ of error to the Supreme Court of [the] United
States from any decision of the President of the Senate is the
only constitutional solution of the difficulty. This could easily
be provided for if the House would agree, but we know it will
not. The same influence now rules the House and its galleries
that did in 1860-61, and I feel that we are to encounter the same
enemies that we did then.
Don't consider yourself bound to answer this unless you have
some wish to express, as I write merely for your information.
Very truly yours,
GOVERNOR R. B. HAYES, JOHN SHERMAN.
Columbus.
To this Mr. Hayes replied:-]
COLUMBUS, OHIO, January 21, 1877.
MY DEAR SIR: - I am exceedingly obliged for your attention.
Your views of the compromise are also mine. I prefer not to be
406 RUTHERFORD BIRCHARD HAYES
quoted. I do not desire to influence the decision by Congress.
But the bill seems to me to be a very dangerous violation of the
Constitution. I agree with you also that the true appeal is to the
Supreme Court, according to the accustomed rules and principles
of law, by quo warranto or otherwise. Mr. Little's letter to you
was written hastily. It may require revision. But in substance
it seems to me sound. I write this for your eye alone, believing
that you are entitled to my opinions.
I do not wish them to be used to influence anybody.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
COLUMBUS, OHIO, January 22, 1877.
MY DEAR GENERAL:-Thanks for the letter on the War De-
partment. It ought to be well considered. There is important
matter in it.
As to the compromise, I do not doubt the authority of Congress
to legislate on the count. But the legislation must itself be con-
stitutional. It should not establish a returning board. It should
not usurp the President's power to appoint "all other officers."
Are not the commissioners "officers"? Do they not form an
"inferior tribunal"? They are not merely in aid of Congress or
the Vice-President. If they decide, the decision stands unless
reversed by both houses.
Sincerely,
R. B. HAYES.
HONORABLE M. F. FORCE.
Private.
COLUMBUS, OHIO, January 23, 1877.
MY DEAR GENERAL:--No doubt the compromise will pass,
and I hope it will turn out well. I shall do nothing to influence
the result. The measure is, as you, say "extraconstitutional."
I am not disposed to look anxiously for constitutional objections
when an important good is to be accomplished. With me, the
chief objection is the usurpation of the Presidential power of
appointment which it involves. Congress, as my "Letter" inti-
THE DISPUTED ELECTION 407
mates, has done this too much in the past. How you can get over
this, with your views, is one of the queries that puzzles me.
But "all's well that ends well" is, I suppose, the argument.
Nothing better has been published by the friends of the measure
than the enclosed.
Now, for the other topics which interest me more particularly.
Excuse haste and write often.
Sincerely,
R. B. HAYES.
Please return the printed slip.
GENERAL CARL SCHURZ.
COLUMBUS, January 23, 1877.
MY DEAR SIR: - I have your note of the 21st. In reply, it is
my earnest desire that you should, from this time on, act on all
questions in my behalf, whenever it is lawful and proper for you
to do so, in connection with the Presidential contest.
Sincerely,
R. B. HAYES.
HONORABLE S. SHELLABARGER,
Washington.
COLUMBUS, January 24, 1877.
MY DEAR SIR: - Your friend will have his commission.
Assuming the passage of the bill, what next? Shall we have
argument? Who shall make it? Able and wise men should be
selected. Many of our friends at Washington are confident of
the result notwithstanding the obvious gain of our adversaries.
Sincerely,
HONORABLE JOSEPH BARRETT, R. B. HAYES.
Cincinnati.
COLUMBUS, OHIO, January 25, 1877.
MY DEAR GENERAL:-I have not replied before to your
esteemed favor of the 19th because I did not want to even seem
to wish to influence the action of Congress on the subject of the
count. Good Republicans differ as to the bill of the Conference
Committee. I see, or think I see, constitutional objections to it.
408 RUTHERFORD BIRCHARD HAYES
Certainly I prefer any plan which leaves the decision to the
Supreme Court. But now that it is before the country with many
Republicans committed to it, the question is a different one from
what it was when it was before the committee as an original
proposition.
There ought to be full argument before the Commission. Argu-
ment on all questions -their powers, the true principles of the
Constitution, and the substantial equities. If this is not suffi-
ciently provided for, it is worthy of consideration whether
amendments should not be made to secure it. Do not under-
stand me as wishing to influence you for or against the bill.
I understand you are fully decided on your course.
Sincerely,
R. B. HAYES.
HONORABLE J. A. GARFIELD.
[Mr. Garfield's letter follows:--
WASHINGTON, January 19, 1877.
MY DEAR GOVERNOR:- I have no words strong enough to
describe my indignation at the fact and manner of the surrender
which the Senate has made of our position. The danger of
violent resistance to your inauguration had absolutely passed
away with the failure of the 8th [of] January conventions.
Nothing in the world was necessary but for the Senate to support
its presiding officer in following the early precedents which
were made under the fresh impulses of the Constitution then
recently adopted. A little bluster, a new burst of newspaper
wrath, and all would have been over. I don't believe one-half
of one per cent of our party had any doubt of the justice and es-
sential fairness of your election, and of the right of the President
of the Senate to declare it. And now those Republicans who
have borne the brunt of the campaign, and of the struggle against
fraud and violence since the election, see the certainty of an as-
sured result traded off for the uncertain chances of what a com-
mittee of one majority will do; and the Senators who have made
this surrender are those who did the least toward securing our
victory. Our friends in the House side of the committee would
never have agreed to the bill but from the conviction that enough
THE DISPUTED ELECTION 409
Republican Senators would follow Conkling to leave Ferry
[President of the Senate] without support. Probably the mis-
chief is irreparable. A compromise like this is singularly attrac-
tive to that class of men who think that the truth is always
halfway between God and the Devil, and that not to split the
difference would be partisanship. Pardon my scolding; for I sat
down to ask your opinion.
While the bill surrenders a great advantage it does not neces-
sarily defeat us. Probably it leaves us an even chance-pos-
sibly more than even. The Republican members of the committee
are confident that you will be declared elected under the bill.
The worst that the four judges can do is to choose Davis as the
fifth wheel to this compromise coach. If they fail to agree upon
a choice, they must cast lots and that would give us three chances
out of four-with Davis as the fourth. My present inclination
is to fight the bill from beginning to end, and wash my hands
of all responsibility for its result. I shall certainly do so if I find
any hope of defeating it.
But the present outlook is that it will pass by a very large
majority. Those of our friends who favor the bill are anxious
to have me on the Commission and for that reason are urging
me not to oppose it. I understand that the Democrats and Re-
publicans on the committee have personally pledged each other
that each party may name its own committeemen. I wish you
would write me at once, what seems best to be done under the
circumstances. Do you see any changes that ought to [be] at-
tempted in the bill before it comes to a final vote?
As ever yours,
J. A. GARFIELD.]
GOVERNOR R. B. HAYES,
Columbus.
Friday, January 26, 1877. - The compromise bill for counting
the Presidential vote passed the Senate by forty-seven to seven-
teen. More Republicans supported it than voted against it. The
Democrats all voted aye except Eaton, of Connecticut. Its pas-
sage by a like majority in the House is probable. What Con-
gress and the popular sentiment approve is rarely defeated by
410 RUTHERFORD BIRCHARD HAYES
reason of constitutional objections. I trust the measure will turn
out well. It is a great relief to me. Defeat in this way, after a
full and public hearing before this Commission, is not mortifying
in any degree, and success will be in all respects more satis-
factory.
I have not tried to influence the opinions or actions of anybody
on the bill. Before another Presidential election, this whole sub-
ject of the Presidential election ought to be thoroughly considered,
and a radical change made. It is probable that no wise measure
can be devised which does not require an amendment of the
Constitution. Let proposed amendments be maturely considered.
Something ought to be done immediately.
COLUMBUS, OHIO, January 26, 1877.
MY DEAR JUDGE: - I am obliged for your valued letter. The
bill in relation to the election will become a law. Of course, with
so strong a vote in its favor, the President will promptly sign it.
I have not attempted to influence the result, and shall not. If
the principles of Mr. Frelinghuysen's speech are adopted by the
Commission, our success is almost certain. I take it our friends
will see that we are ably and wisely represented both on and
before the Commission. This is the next point of interest.
Sincerely,
R. B. HAYES.
HONORABLE A. TAFT,
ATTORNEY-GENERAL.
COLUMBUS, OHIO, January 29, 1877.
MY DEAR SIR: - I have yours of the 25th and assure you that
I am very much gratified by it. After twice reading, I think I can
vote aye to every idea in it. Let me hastily add two or three
suggestions:
To bring the South to a better condition, I feel like saying that
the Nation will aid the people of that section, (1) to the means
of education, (2) to internal improvements of a national char-
acter. Again, may I not properly propose an amendment to the
THE DISPUTED ELECTION 411
Constitution, making the Presidential term six years and no
reelection ?
Of course, I see the great uncertainty of the result of the con-
test. But I prefer to be ready as far as may be. If my paper is
not used the loss will not be great. I want also to be ready to
make a Cabinet -remaining to the last free to choose as may
at the time seem advisable. On the whole business, I shall be
glad to hear from you.
Sincerely,
R. B. HAYES.
HONORABLE CARL SCHURZ.
Columbus, January 31, 1877. -The Commission seems to be
a good one. At 2 P. M. Webb announced, "The judge - it is
Bradley. In Washington the bets are five to one that the next
[President] will be Hayes."
But I am in no way elated. I prefer success. But I am clear
that for our happiness failure is to be preferred. I shall, there-
fore, await the event with the utmost composure. If the result
is adverse, I shall be cheerful, quiet, and serene. If successful,
may God give me grace to be firm and wise and just -clear in
the great office - for the true interest of all the people of the
United States!
COLUMBUS, OHIO, February 1, 1877.
MY DEAR SIR: - I have your letter. The appointment of Gen-
eral Wikoff [as pension agent] is well received. It was the
best possible solution of the difficulty.
I am sure that our friends have done well thus far in the
election contest. No doubt, all will be done that can be. Per-
haps it would be well to show the equity of our claim to Louis-
iana by a presentation of the figures in 1874 and 1876. The
Democrats, by reason of five of our electors being left off in
some parishes, show on the face of the returns a larger majority
than they are equitably entitled to. The true test is the highest
candidates for elector. This shows, according to the Democratic
count on the face of the returns, six thousand five hundred ma-
412 RUTHERFORD BIRCHARD HAYES
jority for Tilden. They constantly state it at eight thousand or
ten thousand. But all this you understand, and how the violence
gained them over eight thousand five hundred votes in the five
well-known parishes alone, whereas the Republicans gained in
the rest of the State a few votes, even if we say nothing of our
losses in other sections.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
COLUMBUS, OHIO, February 2, 1877.
MY DEAR GENERAL: - Thanks for your valuable letter. What-
ever occurs to you on the following names will be confidentially
treated.
Forbes and Rice, of Boston,
Frelinghuysen, New Jersey,
Settle, North Carolina,
Harlan, Kentucky,
Sherman, Ohio,
Booth, California,
Alcorn, Mississippi,
McCrary, Iowa,
Who from Pennsylvania besides Grow? And how stands
Grow in that State?
Morrill, of Vermont.
Sincerely,
R. B. HAYES.
GENERAL CARL SCHURZ.
COLUMBUS, OHIO, February 4, 1877.
MY DEAR SIR: - I have your note of the first. It impresses
me strongly. My anxiety to do something to promote the pacifi-
cation of the South is perhaps in danger of leading me too far.
I do not reflect on the use of the military power in the past.
But there is to be an end of all that, except in emergencies which
I can't think of as possible again. We must do all we can to
promote prosperity there. Education, emigration and immigra-
THE DISPUTED ELECTION 413
tion, improvements occur to me. But the more I think of it, the
more I see in what you say. We must go cautiously and slowly.
The result of the great lawsuit will, perhaps, relieve me from
all responsibility. I am, fortunately, not anxious to assume it.
If it comes I want to be ready. You will see, from what I write
you, that the South is more on my mind than anything else.
Perhaps we must be content to leave that to time - taking care
not to obstruct time's healing processess by injudicious meddling.
I will think of it. Thanks.
Sincerely,
R. B. HAYES.
GENERAL CARL SCHURZ.
COLUMBUS, OHIO, February 4, 1877.
MY DEAR MRS. DAVIS: - We are to come down in case a
meeting is held for the Children's Home in which Mr. Shipley
is interested. Will it be perfectly convenient for you if we light
down on you with traps, etc.? We are invited to Mr. S-'s, but,
etc., etc.
Our regards to the doctor. -We may be decided out before
coming, and I know it will be a trial to you to have on your
hands a broken-down old politician, but it will test and prove
your goodness.
Sincerely,
R. B. HAYES.
P. S. - Lucy has little faith -weaker than a grain of mustard
seed - in these "mixed commissions" and things.
MRS. DR. JOHN DAVIS,
Cincinnati.
Columbus, February 8, 1877. -Yesterday the Electoral Com-
mission decided not to go behind the papers filed with the Vice-
President in the case of Florida. The question was well argued
on our side. Judge Matthews was notably able and successful.
Mr. Evarts' argument was worthy of his fame. I read the
arguments in the Congressional Record and can't see how lawyers
can differ on the question. But the decision is by a strictly party
414 RUTHERFORD BIRCHARD HAYES
vote--eight Republicans against seven Democrats! It shows
the strength of party ties. The general situation is now regarded
as much more favorable to us, and now our friends are very
confident of success.
COLUMBUS, OHIO, February 8, 1877.
MY DEAR SIR:- Congratulations on your success so far. It
seems to me important that our equitable rights should be as-
serted in the future cases as it was by Mr. Evarts and Judge
Matthews in the case of Florida. Perhaps this scrap will aid
you in doing it for Louisiana.
Sincerely,
R. B. HAYES.
MR. S. SHELLABARGER.
February 9. - The reception to the Sixty-second General As-
sembly at the City Hall last night was very well attended and an
enjoyable affair.
I here from - of Steubenville that Eli T. Sheppard, being
unwell, kept his bed in a hotel in Washington while Jere. Black
discussed with his callers, in a room separated from that of
Sheppard by a door, [and overheard] the loud talk in Black's
room on the situation. Black said: "God damn them, they will
beat us and elect Hayes, but we shall give them all the trouble
we can !"
I am not likely to get much time to prepare an inaugural ad-
dress after the Commission decides in my favor, if it does so
decide. I would like to get clearly in view the main points.
Refer to the pacific solution of the disputed Presidential contest;
to the necessity of peaceful relations with all nations, and an
allusion to arbitration as a means of averting war--this, with
a complimentary allusion to General Grant; the return to specie
payments; the permanency of civil service tenures, purity, ap-
pointments for merit, etc., etc. The South to be made prosperous
by a cheerful acquiescence in the results of the war, by peace,
by education, by improvements. Profess a desire to so appoint
as to aid in good local government.
THE DISPUTED ELECTION 415
We expect to go tomorrow to Cincinnati. Saturday evening,
at the Bar Association supper, I will give, if called on, [a toast
to the] memory of Gholson, Spencer, and Storer, the judges
elected in 1854-the best bench I ever saw.
COLUMBUS, OHIO, February 10, 1877.
DEAR DOCTOR: -We go to Cincinnati today to remain at Dr.
Davis' until Wednesday next. If the Commission goes on in
this style we must begin to think of our plans. Perhaps I may
want to stay at Fremont a week or ten days before we go East.
If so, we will be overrun with callers, annoying to you, and
ought perhaps for a few days to be in possession and control. If
we go we shall have a special car from Fremont and will take a
few friends, among them you and Annie. So arrange - if and if.
Sincerely,
R. B. HAYES.
DR. J. T. WEBB,
Fremont.
Private.
COLUMBUS, OHIO, February 15, 1877.
MY DEAR SIR: - I have two letters from you since I last wrote.
If it becomes my duty to make a Cabinet, I want your views fully
and specifically. If possible a personal interview would be ex-
tremely desirable.
Boynton writes to Smith that an assurance that my views on
the Southern question are truly set forth in my Letter with such
additions as I could properly make, would be useful. I prefer to
make no new declarations. But you may say, if you deem it
advisable, that you know that I will stand by the friendly and
encouraging words of that Letter, and by all that they imply.
You can not express that too strongly.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
416 RUTHERFORD BIRCHARD HAYES
COLUMBUS, OHIO, February 15, 1877.
MY DEAR S-: - The papers I return for your keeping.
We are waiting still for the verdict. The prospects seem bet-
ter, but -
Sincerely,
R. B. HAYES.
WILLIAM HENRY SMITH.
COLUMBUS, OHIO, February 16, 1877.
MY DEAR R-:--Before this reaches you, the result in
Louisiana will be known. It is not unlikely that early next week
will decide. I have written you that I would like to find a place
that would suit you near me in Washington, if I am to go. It
would be most agreeable if you and Mrs. Rogers could go with
us, if we are to go. What place you would like best, I can't
tell. We can leave that for future decision, if you think you
can come. If you come down and go on, I will pay your ex-
penses. I want to go to Fremont, if there is time, and start
from there. Can't you come instantly on hearing a favorable
result.
Sincerely,
R. B. HAYES.
W. K. ROGERS.
COLUMBUS, OHIO, February 16, 1877.
MY DEAR SIR:--If the issue of the contest is in our favor, I
shall want to see you at once if it is at all practicable. Don't
you want to visit Mansfield? I can meet you there or here--
or, possibly, at a point east of there.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
February 17.-Last evening Louisiana was decided by the
Commission in our favor. There is still some doubt, but appar-
ently very little, of the result. The inaugural and Cabinet-mak-
ing are now in order. I would like to get support from good
THE DISPUTED ELECTION 417
men of the South, late Rebels. How to do it is the question.
I have the best disposition towards the Southern people, Rebels
and all. I could appoint a Southern Democrat in the Cabinet.
But who would take it among the capable and influential good
men of those States? General Joseph E. Johnston occurs to me.
I must think of this.
COLUMBUS, OHIO, February 17, 1877.
MY DEAR GENERAL: - I am sorry I can't go down to Cincin-
nati next Saturday to visit my namesake in Lawrenceburg, and
be of the party to visit the mounds. But you see how it is.
I note what you say on the silver question. It is interesting.
I am a pupil on all that great topic.
Sincerely,
R. B. HAYES.
GENERAL M. F. FORCE,
Cincinnati.
February 18. Sunday.- The indications still are that I am to
go to Washington. I talked yesterday with Fred Douglass and
Mr. Poindexter, both colored, on the Southern question. I told
them my views. They approved. Mr. Douglass gave me many
useful hints about the whole subject. My course is a firm as-
sertion and maintenance of the rights of the colored people of
the South according to the Thirteenth, Fourteenth, and Fifteenth
Amendments, coupled with a readiness to recognize all Southern
people, without regard to past political conduct, who will now go
with me heartily and in good faith in support of these principles.
COLUMBUS, OHIO, February 18, 1877.
MY DEAR SIR: - We have the result of the Democratic caucus.
The affair now looks extremely well.
I suppose Judge Matthews will come home on the completion
of the Oregon case. If so, I wish him to let me know as to his
coming by dispatch, that I may see him here without fail. This,
on the assumption that we have succeeded. Will you please
27
418 RUTHERFORD BIRCHARD HAYES
let him know, as I am not sure of his address. You and the
judge have made Ohio very proud of you. You have gained
great reputation.
Sincerely,
R. B. HAYES.
HONORABLE S. SHELLABRGER.
COLUMBUS, OHIO, February 18, 1877.
MY DEAR H-: - I have read with much interest Mr. Medill's
letter. He would make a very sensible President. My only sur-
prise and mortification is that he has not yet found me out.
I thought I had been pretty well advertised. I must forgive men
east of the Hudson for thinking me a spooney after this.
Strange, after the figure Ohio made before, and in the Com-
mission, that friend Medill should ask, "What will be his South-
ern policy?" My paragraph was short but his eighteen pages
have not added an idea to it.
Sincerely,
R. B. HAYES.
MURAT HALSTEAD,
Cincinnati.
COLUMBUS, OHIO, February 18, 1877.
MY DEAR SIR:--I do not see how I can get ready to leave
for Washington in less than a week after I resign as governor.
I will, however, heed the advice of my friends and do what I
can to be there some days, perhaps a week, before the inaugura-
tion. Of course, I will not resign until the result is known.
I am afraid I cannot arrange my large flock unless I go to a
hotel with them. But if I come with Mrs. Hayes alone I will,
if it is perfectly convenient, prefer to stay with you. I will write
you again soon. You will see by the above I prefer not to come
until the result is declared, and time enough elapses to fix up here.
But I must do what is best, and will listen to you.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
THE DISPUTED ELECTION 419
February 19. -For Cabinet:
1. A new Cabinet-no member of the present.
2. No Presidential candidates.
3. No appointment to "take care" of anybody.
Confidential.
COLUMBUS, OHIO, February 19, 1877.
MY DEAR SIR: -The more I think of it, the more difficult it
seems for me to get ready to come to Washington before Wednes-
day or Thursday of next week. I must fix affairs at Fremont
and can't begin it until I know the result. Why can't friends
be sent or come here?
It seems to me proper now to say that I am extremely desirous
that you should take the Treasury Department. Aside from my
own personal preference, there are many and controlling reasons
why I should ask you to do this. It will satisfy friends here in
Ohio. I understand Governor Morton and our friends in Wash-
ington like it. The country will approve it. You are by all
odds the best fitted for it of any man in the nation. Your resig-
nation from the Senate will be a great loss to that body, but it
will cause no serious dissensions or difficulty in Ohio. Do not
say no until I have had a full conference with you.
There is no reason why you should not visit Ohio as soon as
you can be spared from Washington. Of course, the public will
know of our meeting. But they will be gratified to know it.
No possible harm can come of it. I should have said all this
before, but I did not want to embarrass you in your action on
the Presidential question.
Sincerely,
R. B. HAYES.
HONORABLE JOHN SHERMAN.
COLUMBUS, OHIO, February 23, 1877.
MY DEAR GENERAL: - I am in receipt of your very kind note
of the 20th. Sinister rumors from Washington leave us in
doubt as to the final issue. In case of success, I expect to be in
Washington next Thursday, 29th, and to go directly to Senator
420 RUTHERFORD BIRCHARD HAYES
Sherman's. If, after seeing you, it seems best, I will be glad to
accept your hospitality on Saturday for myself and family. I
will also be pleased to dine with you as proposed on that day.
I cannot name all or perhaps any of my party except my own
family, but I suppose that besides Mrs. Hayes and myself and
son, Webb C., there will also be General and Mrs. Mitchell, and
possibly four others. If you wish to invite others, may I sug-
gest Mr. Wheeler and Senator and Mrs. Sherman?
I noticed an item saying that you would, on leaving the Execu-
tive Mansion, go to Mr. Fish's. I will be particularly gratified
if you will remain where you are as long as it may be convenient
for you to do so, and until your own residence is ready.
Mrs. Hayes is now absent, but you may assure Mrs. Grant
that my wife will feel obliged to her if she will remain at least
a few days with us after the 5th of March.
As to my family coming to your house on Saturday,- it oc-
curs to me that with your dinner, etc., etc., this may be incon-
venient and that it is best for me to remain at Senator Sherman's
until after inauguration.
All this, on the supposition that we are finally declared suc-
cessful. Sincerely,
R. B. HAYES.
P. S.--It is perhaps best that the date of my expected ar-
rival in Washington should not be made public.
GENERAL U. S. GRANT,
PRESIDENT.
February 25. - Yesterday the Commission decided Oregon to
be for Hayes and Wheeler. This is the last of the disputed and
doubtful States. The only apparent chance of defeating us now
is the revolutionary conduct of the Democrats in the House. The
Southern members of that party, who have hitherto been con-
servative and favorable, are disturbed by an article in the Ohio
State Journal unfriendly to them, which is charged to have been
inspired by me. The truth is I stand on my Letter. If I speak
at Fremont or elsewhere during the next few days, I may say:
THE DISPUTED ELECTION 421
"My Letter [of Acceptance in July last] expressed what I
thought were just sentiments on the leading questions which then
interested the country. I thought its doctrines were sound be-
fore the election. I think they are sound now that the election
is over. And if the issue pending in Congress shall be decided
in our favor, those principles will be the standard by which my
official conduct shall be guided. If I were to write that letter
now, I would give that part on the Southern question greater
emphasis. The great body of the people of this country earn-
estly desire a wise and just settlement of that question. They
want peace, they long for repose.
"What is required is: First, that for the protection and welfare
of the colored people, the Thirteenth, Fourteenth, and Fifteenth
Amendments shall be sacredly observed and faithfully enforced
according to their true intent and meaning.
"Second, We all see that the tremendous revolution which
has passed over the Southern people has left them impoverished
and prostrate, and we all are deeply solicitous to do what may
constitutionally be done to make them again prosperous and
happy. They need economy, honesty, and intelligence in their
local governments. They need to have such a policy adopted as
will cause sectionalism to disappear, and that will tend to wipe
out the color line. They need to have encouraged immigration,
education, and every description of legitimate business and in-
dustry. We do not want a united North nor a united South. We
want a united country. And if the great trust shall devolve upon
me, I fervently pray that the Divine Being, who holds the des-
tinies of the nations in His hands, will give me wisdom to per-
form its duties so as to promote the truest and best interests
of the whole country."*
COLUMBUS, OHIO, February 25, 1877.
MY DEAR GENERAL: -I am just about to start for Fremont
to stay over Sunday. I write hastily to return the enclosed
letters and to say a few words. I do not, or have not, desired
to be committed on Cabinet appointments until the issue was
*No occasion presented itself for the delivery of such a speech.
422 RUTHERFORD BIRCHARD HAYES
reached. But it is, perhaps, proper to say that, if elected, it has
for a long time. been my wish to invite you to take a place in
the Cabinet. I think it would be fortunate for the country, and
especially so for myself, if you are one of the members of the
Cabinet. I am not likely to change that opinion. The Interior
Department is my preference for you. The Post-office would
come next. For State I hope to have Mr. Evarts, but have not
consulted him. Mr. Sherman will probably take the Treasury.
If nothing occurs to change my plans, I expect to go to Wash-
ington about Thursday next. All this is on the supposition that
we are successful and is to be strictly confidential.
Sincerely,
R. B. HAYES.
GENERAL C. SCHURZ.
Fremont, February 26, 1877. -Why not adopt provisionally
a rule that no application for office will be considered at present ?
Papers will be filed with the proper officer, or in the proper
department. Hereafter rules will be adopted and made public.
Personal applications to the President will in no case be favorably
considered.
CoLumbus, February 27.-Mark Twain recommends Lieu-
tenant-Colonel Richard Irwin Dodge, author of the "Great
Plains," etc., for the head of the Indian Department. "Knowl-
edge of Indians and humanity."
COLUMBUS, OHIO, February 27, 1877.
MY DEAR GENERAL: - I am very glad to get your note of yes-
terday. Your choice of Department is also my choice for you.
I should be delighted to have you go with us to Washington
if we are declared elected before we start. But I do not want
my selection of Cabinet advisers known until that result is an-
nounced. I will dispatch you as to train. In case of a favorable
decision Wednesday, we start about noon Thursday. If no
favorable decision is reached Wednesday, we do not start until
THE DISPUTED ELECTION 423
in the night of Thursday. My idea is to leave undecided, or
rather uncommitted, some places until I reach Washington.
Say War, Navy, and Postmaster-General.
I write in the midst of interruptions- provokingly so.
Sincerely,
R. B. HAYES.
GENERAL CARL SCHURZ.
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