130 OHIO HISTORY
not to be bound by the result."23
Under these circumstances talk of a Hayes,
Garfield, or other candidacy persisted.
Hayes lightened the tension perhaps
by giving a reception Monday evening for
the incoming Republican gov-
ernor, General Edward F. Noyes. It was
attended by the warring factions
and described by Hayes as "A very
lively, happy thing."24
Late on Tuesday evening two
Republicans--a state senator and a repre-
sentative--rang Hayes's doorbell. They
assured him that enough new coali-
tion votes would materialize Wednesday
to make him United States Senator
and that this would guarantee him the
next presidency of the United States.
Luckily for Sherman the ambitions of
Hayes and Garfield were less strong
than their fears of the effects which
disloyalty to their party's caucus would
have upon the future of their party and
themselves. Hayes made it clear
that he would not consent to be a
candidate other than through regular
caucus endorsement. His two callers
departed, only to be followed by a
final suppliant, who insisted that his group now had
the votes to elect Hayes.
But the Governor, answering the doorbell
at midnight, standing in his
nightshirt, stood his ground. This with
a firm finality which his garb could
not diminish.25
Next day the roll call in the
legislature gave Sherman a majority, overall,
of only six votes, and some members
hastily undertook to switch. An alert
lieutenant-governor quickly declared
Sherman "duly elected." Afterward
Sherman claimed that he had had enough
Democratic promises to over-
balance Republican losses in any case.26
The crucial moment had been
Hayes's refusal; the rest was
anti-climax. To Hayes, Sherman was now much
in debt.
The Senator was destined to repay it,
and at a high rate of interest; but
an unpleasant misunderstanding marred
their relationship soon after
Grant's second inauguration. The eager
Republicans who on January 9,
1872, had dangled before Hayes the
presidency of the United States proved
unable to give him, on October 8
following, even so modest a place as a
seat in the House of Representatives of
the Forty-Third Congress. The party
phalanx which swept the state for Grant
included Hayes, Sherman and Gar-
field, but they could not stem a strong
Democratic tide in Hayes's district.
This rejection inflicted upon the
reputed "best vote-getter" his first ex-
perience with defeat for an important
office; it may have made him unwont-
edly sensitive.
At any rate, Grant in March of 1873 sent
the Senate hasty nomination
of Hayes for a position he did not
expect, had not applied for, and did not
much desire--that of Assistant Treasurer
at Cincinnati. The nomination
caught Ohio's Republican Senator, under
whose purview such matters must
come, off base. The outgoing and
incoming Secretary of the Treasury
(George S. Boutwell and William A.
Richardson) had both assured Sher-
man that necessary preparations under
the law were such that no appoint-
ment need be made until June 1; on this
understanding he had assured sev-
eral applicants that no choice would be
made until they had had a fair op-
portunity to present their
qualifications. He would be charged with mis-
HAYES and JOHN SHERMAN 131
leading them if the Hayes appointment
went through earlier. Therefore,
when the matter came up in executive
session, he asked that it go over. All
this Sherman explained to Hayes,
assuring him that he would "heartily and
cheerfuly concur in your appointment."27
But by an irony of fate damage had been
done. Hayes's pride was
wounded by postponement of a place which
he might have declined even if
confirmed. Tempermentally inclined to
over-simplification of patronage
problems it was hard for him to
"comprehend the crochet of Mr. Sherman."
Although he absolved Sherman of personal
hostility, he replied quite can-
didly. "The action taken was
calculated, although not so intended, to in-
jure me and to wound my feelings and
frankness required that I should
say that I think you were in error in
your views of duty under the circum-
stances."28
Fortunately, neither Hayes nor Sherman
made the prime political mis-
take of cherishing personal
misunderstandings. The campaign of 1874 found
them appearing together amiably, with
Hayes according Sherman high
praise for straightforward presentation.
The next year, when his party for
the third time nominated Hayes to wrest
the governorship, from a Demo-
crat, he especially sought Sherman's
company on the stump, in preachment
against the fiat money tenets of the
incumbent governor, William Allen.29
They managed to squeak through, by 5544
votes; but Sherman was appre-
hensive lest Republican disunity enable
the Democrats to capture the presi-
dency in the 1876 election and undo
gains obtained through the Civil War.
Thus he called on Ohio Republicans to
give Hayes a united delegation at
the national convention, because he
could "combine greater popular
strength and greater assurance of
success than other candidates." Though
not "greatly distinguished" as
a general or as a member of Congress, he was
"always sensible, industrious and
true to his convictions and the principles
and tendencies of his party." As
governor, he had "shown good executive
abilities." Moreover he was
"fortunately free from the personal enmities
and antagonisms that would weaken some
of his competitors."30
Such arguments, pressed by Sherman upon
Senator A. M. Burns of the
Ohio legislature in a letter of January
21, 1876, gained force. Ohio was
actually a unit bloc at this national
convention, which met, luckily for
Hayes, in Cincinnati.31 That
body, after wrangling over Blaine and his
chief competitors through six ballots,
on the seventh, adopted Sherman's
reasoning and chose Hayes. Fortunately
Sherman was spared the foreknowl-
edge that Hayes's most valuable
asset--his current lack of enemies--could
not work for himself in 1880.
Indicative of the affinity in 1876
between these two politicians was the
interchange which ensued. Hayes wrote
Sherman June 19:
I trust you will never regret the
important action you took in the in-
auguration and carrying out the movement
which resulted in my nom-
ination. I write these few words to
assure you that I appreciate and am
grateful for what you did.32
132 OHIO HISTORY
Sherman replied by hand on Senate
Chamber notepaper next day:
Your kind note is rec'd for which accept
my thanks. The importance
of your nomination was with me a
mathematical deduction and if any
outside fact gave color to my reasoning
it was your honorable & proper
course when during my last canvass for
Senator you refused to accept
the benefit of a small defection of a
few political friends. I am more
than happy when following reason and
duty to recognize also a per-
sonal kindness. We opened the campaign
here gloriously last night &
the acquiescence in your nomination is
general and hearty.33
Acquiescence in Hayes's election was destined,
in many areas, to be
neither general nor hearty, a fact which
put Hayes in debt to Sherman and
took toll of Sherman's political future.
The incoming President would not
infrequently find useful to him his
personal and political ties to his Secre-
tary of the Treasury, but the bond would
not always operate to the per-
sonal and political advantage of his
exceptionally faithful servitor.
Election evening, November 7, brought
dismay to both men; they went
to bed thinking Tilden had won. But
before dawn an unwary Democratic
official asked the editors of the New
York Times (a Republican group) for
an estimate of Tilden's votes, thus
suggesting that the Democrats were un-
sure. Before sunrise the editors were
communicating with "Zack" Chand-
ler, chairman of the Republican national
committee; they persuaded him
to telegraph the Republican leadership
in each of the three key states:
"Hayes is elected if we have
carried South Carolina, Florida and Louisiana.
Can you hold your state? Answer at
once." Whatever their answers, Chand-
ler a few hours later boldly told the
press: "Hayes has 185 votes and is
elected." This would leave Tilden
with only 184. Next the Republicans had
to make good Chandler's brashness.34
Both sides sent "visitors" to
watch the count of votes in each of the three
states. Louisiana was the most doubtful
and Grant asked Sherman (and
others) to hurry to New Orleans. After
stopping at Columbus to see Hayes
and at Cincinnati to meet other of Ohio's
emissaries, Sherman entered upon
"a long, anxious and laborious time
in New Orleans."35 Soon he was re-
porting to his wife Cecilia his
unhappiness over his assignment and a sharp
prescience of consequences to himself.
I have been assigned a much more conspicuous position here than I
wished and am almost sorry that I came.
We are acting only as witnesses
but public opinion will hold us as
partisans. . . . This whole business is
a thankless, ungracious task not free
from danger entirely unofficial
and at our individual expense. . . . I
frequently regret that I ever came.
Grant in 8 years did not remember my
existence until he had this most
uncomfortable task to perform and then
by his selections forced me to
come. I am carefully studying the case
as it is developed and will say
what I think is true without fear or
favor. . . . We have done nothing
of which we need to be ashamed.36
The Republicans had been shamed before
the nation by the exposure of
corruption in Grant's entourage and
Sherman was one of the party's leader-
HAYES and JOHN SHERMAN 133
ship who feared such vulnerability. As
Hayes phrased their mutual appre-
hension: "You feel, I am sure, as I
do about this whole business. A fair
election would have given [it to] us but
. . . there must be nothing crooked
on our part."37 Down in Louisiana
the intimidation on both sides which
had marred the casting of ballots made
itself felt in the counting of them.
Two government employees, testifying
before the Returning Board about
coercion by the Democrats, demanded of
the worried chairman of the Re-
publican "visitors" a written
guarantee of future employment outside the
state.
The age-old obligation for each party to
take care of its faithful had been
sanctified by immemorial custom; but
these employees required a pledge
in writing, which is not so customary.
To this the badgered chairman, over-
estimating their party loyalty, acceded.
Within a twelve-month he and Hayes
would rue this documentary testimonial
to pressure, which confirmed Sher-
man's prediction that "no
good" could come of the visitation.38
Numerous messages passed back and forth
between New Orleans, Colum-
bus and other centers, often in code;
and at long last Sherman, Garfield
and four companions stopped in Columbus
on December 4, enroute to
Washington. In the governor's office
that afternoon the cautious Hayes
polled each man individually. As he
reported in his Diary, "All concurred
in saying in the strongest terms that
the evidence and law entitled the Re-
publican ticket to the certificate of
election, and that the result would in
their opinion be accordingly." At
the gubernatorial mansion that Monday
evening the Governor and his Lady
entertained the emissaries with "a jo-
vial little gathering."39
Not so jovial was the atmosphere Sherman
found in Washington on Tues-
day, the second day of the final session
of the Forty-Fourth Congress. That
body was scheduled to meet in February
in joint session to attend the open-
ing of the electoral certificates by the
president of the Senate and the count-
ing of them. But who should count them?
The House was Democratic 168
to 107, and the Senate Republican 43 to
29 with two Liberal Republicans.
On a joint ballot Hayes would lose.40
He might win, however, if the Senate's
presiding officer could determine
which of the four sets of conflicting
returns-from Oregon, Florida, South
Carolina, and Louisiana--should be
counted. This was the solution favored
by Sherman and Hayes. The Senator, as a
quasi-agent of Hayes, participated
to some extent in weeks of discussion aimed at securing
Democratic consent
to this method of counting. Sherman was
one of the negotiators who con-
ferred with important southerners, many
of them Old Whigs, arguing that
Hayes--like Sherman an Old Whig--would
do more for them than Tilden
who opposed appropriations for the
internal improvements badly needed
by the devastated South. A Hayes
administration, it was proposed, would
remove federal troops from the South and
give it a place in the Cabinet,
besides granting more patronage, funds
for railroads and other improve-
ments, engineered with the help of
Garfield, as the proposed Speaker of the
House.41 This planning proved
to be an exercise in futility. It suggests an
unwarranted hopefulness on the part of
Sherman and Hayes. Much of the
134 OHIO HISTORY
proposed program could not be
implemented, although Hayes would prove
able to fulfill part of it.
In the meantime, a committee from each
house had been working to-
gether. The members intended to take
matters out of the hands of the
group affiliated with Hayes and Sherman.
As a result of their efforts, a bill
emerged to create an
extra-constitutional electoral commission to which
Congress, acting in joint session, would
refer conflicting sets of returns. Its
decisions need be accepted by only one
house to become final. This com-
plicated measure, which Sherman and
Hayes disapproved as risky for him,
invited filibustering which delayed its
enactment until January 29. There-
upon the Electoral Commission was set up
with five Senators, five Repre-
sentatives and five Supreme Court
Justices, so selected as to give the decid-
ing vote to Justice David Davis, an
"Independent." Here the legislature of
Illinois intervened, electing Davis to
the Senate--with the result that a Re-
publican Justice, Joseph P. Bradley,
took his place. Thereafter the houses
and the commission went through the roll
of states, slowed by sporadic fili-
bustering.42
While the counting was in progress,
Sherman conferred with Hayes in
Columbus. He returned with the reputed
authorization to promise with-
drawal of the troops by Hayes--a promise
which Grant (to the surprise of
Sherman) already had given. After a
final intensive burst of filibustering
the announcement came of Hayes's
election at 4:00 A.M. on March 2.43
That same morning Hayes and his family
reached Washington where
Senator Sherman and his brother General
William Tecumseh Sherman
awaited them at the station, to welcome
them as house guests of the Senator
until after the formal inauguration.
Before noon Hayes called on Grant
and went with him to the Capitol where
(it is reported) they found the
Democrats cheerful and cordial as they
waited their pound of flesh. Satur-
day evening Grant gave Hayes the
customary state dinner, with the extra
precaution of a private swearing in, to
insure the nation a president during
the Sabbath intervening before the
formal inauguration on Monday, March
5.44
Sherman had had a hectic four months
since November 7, largely occu-
pied with labor on behalf of Hayes and
the party. What would be his recom-
pense? Hayes formulated a tentative
cabinet slate and after some hesitation
offered Sherman the Treasury.45
To a Senator with keen interest in na-
tional financial problems and long
experience in working upon them, the
opportunity to achieve further
distinction in the field was most attractive.
He might, on the other hand, have
considered potential hazards threaten-
ing the peace of mind and political
future of any member of a Republican
administration installed in 1877. There
were five hazards of major im-
portance: a Congress with a Democratic
majority in both houses in most of
the four years; the dubious title to the
throne; possible opposition to a con-
ciliatory southern approach; an
entrenched patronage system to resist civil
service reform; and, perhaps the
greatest obstacle, powerful resistance to a
"sound" dollar.
HAYES and JOHN SHERMAN 135
Any or all of these forces could
obstruct the path of a politician stumb-
ling along the boulder-strewn trail
toward the presidential eminence. They
could not wreck the future career of a
President such as Hayes, who ab-
jured a second term and therefore could
face with more composure the
slings and arrows of outrageous fortune.
What here follows is a summary of
the reactions of the President and his Secretary
of the Treasury to these five
basic problems.46
First, as to the primary handicap, the
Democrats held a majority in the
House all four years, and in the Senate
for the last two years. Hayes and
Sherman therefore could never plan
legislation in easy confidence of a co-
operative push into enactment;
compromise skills were prerequisite. This
disadvantage was compounded by the fact
that Republicans themselves
were not a unit in response to executive
leadership. Some of them openly
fought the Hayes administration in the
three fields it sought most to stress
--conciliation of the South, reform of
the Civil Service, and strengthening
of the nation's credit. Some of them
were ex-Republicans of whom Hayes
sadly observed to Sherman,"New converts
are proverbally bitter and unfair
to those they have recently
left."47 Under such party handicaps executive
achievements could not be numerous or
easy of accomplishment.
The lack of Republican cohesiveness was
due also, in part, to the second
handicap listed above, the clouded title
to the throne. Subsequent advanced
scholarship would conclude that Hayes
lost Florida (although he probably
was entitled to a favorable decision in
South Carolina and Louisiana) and
that therefore, instead of besting Tilden
by 185 to 184, he lost on the over-
all count by 181 to 188. The Democrats
during Hayes's administration loud-
ly proclaimed that they had been
cheated; they were only too happy to in-
stitute an investigation complete with
witnesses, documentation, and a ma-
jority report attesting the election of
Tilden. A report by the Republicans
held the contrary. Eager Republicans
subpoened Western Union "cipher
dispatches," using and preserving
those which revealed Democratic corrup-
tive practices.48 In the
course of these exposures Sherman's unwary pledge
to the two Louisiana office-holders was
revealed, to the disgust of the Presi-
dent and his Secretary.49
Before Democratic efforts to unseat the
administration lost momentum,
embarrassments for Hayes and Sherman
were further increased by their
own party's attacks upon the third
handicap--their conciliatory southern
policy which had included choice of an
ex-Confederate, David M. Key, as
Postmaster General. The removal of
fulltime troops from the South also
aroused Radical Republicans to
blistering denunciation for (supposedly)
undermining the structure of
Reconstruction erected by the sacrifice of the
Civil War. Hayes stood his ground, with
Sherman's endorsement, and occu-
pation of southern centers by federal
troops gradually ended.50
By an irony of fate the Hayes
administration and the South came to swords
points on a different aspect of federal
supervision not confined to the South.
Postwar laws had authorized supervision
of presidential and congressional
elections throughout the nation by
federal supervisors and marshals. The
136 OHIO HISTORY
Democratic majority, seeking local
control of elections, attached "riders"
to army and other appropriation bills,
prohibiting polling place use of any
part of the army. Hayes and Sherman
interpreted the riders as efforts to
reduce their party's influence at the
polls. A sharp four years' contest en-
sued marked by eight stout presidential
vetoes, none of them overridden.51
Administration confrontation with the
other two major handicaps--the
entrenched patronage system and the
resistance to strengthening the na-
tion's credit--gave Hayes and Sherman
repeated challenges and saddled
Sherman with enmities encumbering his
ultimate ambition.
Grantism had made the nation
corruption-conscious, and rumors grew
rife and ripe about its pervasive
presence. Prominent among proposed tar-
gets for reform were the New York,
Boston, and Philadelphia customs
houses, under control of the state
machines of Roscoe Conkling, Benjamin
F. Butler, and Simon Cameron. Conkling
had been uncooperative on
Hayes's nomination and election and his
bailiwick was selected by Hayes
as the first target, against Sherman's
wishes.52 Apparently it was not as badly
mismanaged as some other centers but a
special Jay Commission exposed
the facts with the result that the
collector Chester A. Arthur and naval of-
ficer Alonzo B. Cornell were removed.
But Hayes was not able to obtain
Senate confirmation of their successors
until February of 1879 and then
only through a thorough expose by
Sherman of the custom house scandals.53
The intervening period had been
characterized by wavering and equivoca-
tion among the principal actors with
Secretary of State William M. Evarts
involved in the political scheming. The
situation illustrated the great need
for civil service reform, the divisive
effect of the issue upon the party, and
the hard alternatives among which Hayes
and Sherman sought to make
selections.54
While all these hot political chestnuts
had to be handled, the fifth prob-
lem--that of the nation's credit--was
the hottest of all, particularly as the
nation was just emerging from a serious
depression. On this subject Sher-
man possessed a thorough knowledge and
broad experience acquired in
sixteen years of congressional handling
of it. Intimately involved in the
wartime establishment of the greenback
currency and the national banking
system,55 he now was
determined to protect the nation's credit by making
the greenbacks redeemable in gold (known
as resumption of specie pay-
ments) and by avoiding unlimited coinage
of cheap silver dollars.
Hayes stood firmly for resumption but
was so completely opposed to sil-
ver dollars that he vetoed the
compromise Bland-Allison bill that permitted
a limited issue of them. Not at all to
Sherman's surprise, Congress passed
the bill over the veto. This concession
to inflationary sentiment contributed
some quota to lessening the opposition
to resumption of specie payments
which Sherman achieved on schedule,
January 1, 1879, partly by virtue of
improving business trends and partly by
his own careful management of
Treasury bond issues and other
government resources.56
In his expert handling of this fifth and
greatest of the administration's
problems Sherman took great pride. He
felt that it in no small manner
HAYES and JOHN SHERMAN 137 |
justified his hope for the nation's highest award. Unfortunately, in securing a presidential nomination, merit and ability are less influential than a warm personality, united backing by one's state delegation, and a middle stance not too sharply identified with divisive issues. Of the first two assets, Sher- man had much.57 In regard to the last three far more important qualifica- tions, he was sadly lacking. Of hail-fellow-well-met cronies (military or leg- islative), this naturally-reserved gentleman had few. Of unity, the state's delegation was bereft by the refusal of nine Blaine men to unite in Sher- |
138 OHIO HISTORY
man's support as the state convention
had suggested; Sherman unfortunate-
ly selected Garfield (who gained
attention this way) as the one to nom-
inate him. Of a middle stance, Sherman
had deprived himself by contribu-
tions to the Hayes administration, by
his recent opposition to free coinage,
and by insistence upon resumption; all
this made the Secretary less "avail-
able" than men not as competent.58
Hayes did not publicly endorse Sherman,
feeling that interference by the
President would be "unseemly."
Perhaps he, better than Sherman, realized
that the Secretary was not
"available." Commenting in his Diary on nom-
ination developments, he casually wrote,
after mentioning Grant and Blaine,
"It may be Sherman or a
fourth--either Edmunds or Wilson."59 Garfield in
nominating Sherman said that he did not
present him "as a better man or a
better Republican than thousands of
others," and called for Republican
unity. A majority of the convention
proceeded (on the thirty-fourth bal-
lot) to unite on Garfield.60
To Hayes the Garfield nomination was
"altogether good," being a defeat
for Conkling and others who were
pressing a third term for Grant. But this
did not mean that the President was
indifferent to Sherman's future wel-
fare. Perhaps he felt that it now was
his turn to pay a debt. At any rate,
the final decision of the Ohio
legislature to give Sherman the Senate chair
which Garfield was relinquishing (as Senator-elect)
seems not to have been
unrelated to Hayes's desire that
Garfield should cooperate to that end.61
Sherman was deeply appreciative of his
endorsement by the Ohio legisla-
ture, unanimous this time. He went to
Columbus to tell them so, and in
so doing the Secretary of the Treasury
could be said to be thanking also
the President of the United States:
I can only say then, in conclusion,
fellow-citizens, that I am glad that
the opportunity of the office you have
given me will enable me to come
back here home to Ohio to cultivate
again the relations I had of old.
It is one of the happiest thoughts that
comes to me in consequence of
your election that I will be able to
live again among you and to be one
of you, and I trust in time to overcome
the notion that has sprung up
within two or three years that I am a
human iceberg, dead to all human
sympathies. I hope you will enable me to
overcome that difficulty. That
you will receive me kindly, and I think
I will show you, if you doubt
it, that I have a heart to acknowledge
gratitude--a heart that feels for
others, and willing to alleviate where I
can all the evils to which men
and women are subject. I again thank you
from the bottom of my
heart.62
THE AUTHOR: Jeannette Paddock
Nichols formerly was chairman of the
Graduate Group in Economic History at
the University of Pennsylvania.
Public Opinion and the Chinese Question, 1876-1879 by GARY PENNANEN Diplomatic problems are not considered to have been of much conse- quence during the presidency of Rutherford B. Hayes. While not many pre- World War I judgments concerning the history of the period have escaped revisionism, an assessment of Hayes's diplomacy made by Charles R. Wil- liams in 1914 has withstood the test of time: "Few subjects of large im- portance in the foreign relations of the Government demanded action or attention during the administration of Mr. Hayes. For the most part all our dealings with foreign countries were amicable and were conducted without feeling or friction."1 This conclusion is still accepted by diplomatic historians even though several monographs and two scholarly biographies NOTES ON PAGE 201 |
140 OHIO HISTORY
of William Maxwell Evarts, Secretary of
State under Hayes, have added
more detail about specific incidents.2
Alexander DeConde concluded in a
recent comparison of American
Secretaries of State that Evarts "in fact, is
one of the lesser-known Secretaries, one
who dealt with no great interna-
tional problems."3 Judging
from the scant space devoted to foreign rela-
tions by Hayes's most recent biographer,
he too agreed with the Williams
assessment.4
Conclusions relating to the
insignificance of diplomacy during the Hayes
administration depend, in part, on the
assumption that the American public
did not become excited about foreign
policy. Allan Nevins stated that the
Virginius affair of 1873 "was the last formidable storm on
the sea of foreign
relations that [Hamilton] Fish had to
confront. Thereafter, no important
group of Americans were to become
aroused over any international prob-
lem until, more than a decade later,
Grover Cleveland threatened condign
[appropriate] action against Canada in
the fisheries dispute."5 Nevins' re-
mark was based upon a grossly distorted
image of public reaction to foreign
policy in the late 1870's and early 1880's.
In The Awkward Years, David M.
Pletcher has shown how public pressure
for foreign markets shaped the
diplomacy of the Garfield and Arthur
administrations.6 No overall study of
comparable depth exists for the problems
in foreign affairs during the Hayes
administration, but there is evidence
that during this period the public be-
came aroused by border troubles with
Mexico, a French attempt to con-
struct a canal through the Isthmus of
Panama, and Chinese immigration
that seemed to threaten the western
labor force.7
On no issue did Hayes and Evarts feel
the effect of public opinion as
much as that of Chinese immigration.
Although Chinese immigrants gen-
erally had been welcomed to the United
States in the 1850's and 60's to
assist in railroad building and mining
operations, a movement for their
exclusion made rapid headway during the
depression of the 1870's, especial-
ly on the Pacific Coast. Even before the
Panic of 1873, Chinese were dis-
liked in California. Beginning as early
as 1850, California discriminated
against the immigrants by a number of
means, including special mining
taxes, passenger taxes, head taxes,
school segregation, and laws forbidding
them to testify against white men.8
The chief restraint to the anti-Chinese
movement was the Burlingame
Treaty of 1868, which contained liberal
immigration provisions. Article V
permitted the free immigration of the
citizens of China and of the United
States "from the one country to the
other for the purposes of curiosity, of
trade or as permanent residents,"
and for those purposes both nations
reprobated "any other than an
entirely voluntary emigration." Article VI,
moreover, gave Americans visiting or
residing in China and Chinese sub-
jects visiting or residing in the United
States "the same privileges, immuni-
ties and exemptions in respect to travel
or residence as may there be en-
joyed by the citizens or subjects of the
most favored nation." Because the
Supreme Court ruled that state
legislation designed to restrict Chinese im-
migration violated these provisions, it
was necessary for the exclusionists
to seek revision of the treaty.9
THE CHINESE QUESTION 141
Hayes first became fully aware of the
Chinese issue during the campaign
of 1876. At the Republican convention in
Cincinnati, western delegates de-
nounced the evils of the Chinese labor
invasion and demanded a congres-
sional investigation of it. Although a
group of easterners led by George
William Curtis opposed the least effort
to interfere with the principle of
free immigration, the Republican platform
announced "the immediate duty
of Congress fully to investigate the
effect of the immigration and importa-
tion of Mongolians on the moral and
material interests of the country."10
The Democratic platform was more
forthright. It criticized a policy which
"tolerates the revival of the
coolie trade in Mongolian women imported for
immoral purposes, and Mongolian men,
hired to perform servile labor con-
tracts." As a solution, it demanded
"such a modification of the treaty with
the Chinese Empire, or such legislation
by Congress within constitutional
limitations as shall prevent the further
importation or immigration of the
Mongolian race."11
As the Republican candidate, Hayes found
himself caught up in the
controversial Chinese question. A
typical West Coast Republican summed
up his own reaction to the Chinese plank
in the platform: "It is just enough
to stir up the missionary and
humanitarian element of New England. Yet
not enough to conciliate the laboring
classes of the Pacific Coast."12 Some
Republicans advised Hayes to take a
strong stand against Chinese immigra-
tion if he wished to win votes in the
West,13 but others opposed such a
course. Mild as it was, eastern
Republicans resented the admission of the
plank in the platform. John Bingham, the
American minister in Tokyo,
wrote Hayes that the platform was all he
"could desire save the Chinese
resolution," the objectives of
which were sound, but the implementation of
which might lead to accusations that the
nation was unjustly treating the
Chinese. 14
Although Hayes avoided the Chinese issue
during the campaign, his
election did nothing to change the
situation, for anti-Chinese sentiment in-
creased. A joint congressional committee
set up to investigate the problem
released its report in February 1877.15
The anti-Chinese character of most
of the testimony taken by the committee
provided evidence for critics of
Chinese immigration. During the summer,
Chinese were attacked by hood-
lums in San Francisco, and under the
leadership of Dennis Kearney, the
California Workingmen's party adopted
the slogan, "The Chinese must
go."16 On August 13, a committee of
the California senate submitted a me-
morial to Congress recommending that the
United States and Great Britain
act together with China to abrogate all
treaties permitting Chinese to im-
migrate to the United States.17
While the committee publicly denounced
the evils of Chinese immigration, Hayes
received information to the con-
trary from a private source. An employer
of Chinese labor in California
reported that since the Chinese did not
have a friend on the committee,
there could not "have been a more
one-sided affair." He also praised the
Chinese for being "docile and
easily managed and controlled--while many
of the white laborers when they get a
few dollars ahead go off on a drunk."18
142 OHIO HISTORY
Critics of Chinese immigration contended
that the Chinese competed
unfairly with white labor because they
could live more cheaply than whites,
who often had families to support and
who were accustomed to better food
and housing. They argued that many
Chinese immigrants came to the
United States as coolies, whose passage
money was paid beforehand. Such
immigration, being involuntary, was
contrary to the Burlingame Treaty.
Socially, the Chinese were condemned for
living in crowded hovels, smok-
ing opium, having no wives, and
importing prostitutes from China. Politi-
cally, they were considered
unassimilable because they lacked experience
with republican institutions.19 "CALIGULA
issued a decree elevating his
horse to the dignity of Roman
citizenship," declared the San Francisco
Chronicle. "This was a mild proceeding compared to the
proposition of
trying to make American citizens out of
the offscourings of China that
have been poured on our shores."20
Despite the pressure, Hayes and
Secretary Evarts continued to ignore
the problem. Hayes failed to mention
Chinese immigration in his first
annual message,21 and Evarts neglected
it in his instructions to George F.
Seward, his minister in Peking.22 Their
silence is understandable. Not only
did the issue threaten to split the
Republican party, but also it posed a
threat to American relations with China.
Probably they hoped that the
agitation would cease as the country
returned to more prosperous times.
But their seeming indifference shocked
the Pacific Coast. The San Fran-
cisco Chronicle criticized
Hayes's message for "the total absence of any
allusion to the urgent demands of the
Pacific Coast for relief from the
evils of Chinese immigration." To
the Chronicle it appeared "utterly im-
possible to convince the people of the
East, or the Executive department of
the Government, that anything needs to
be done in the matter."23
The California legislature instructed
the state's representatives and sena-
tors to secure the cooperation of the
federal government in stopping Chi-
nese immigration. Accordingly, on
December 16, Congressman Horace F.
Page requested Hayes to make Chinese
immigration the subject of a
special message to Congress.24 His
congressional colleague, Horace Davis,
consulted personally with Hayes25 and
with Evarts. He complained that
Chinese immigration violated the
involuntary provisions of the Burlingame
Treaty. To stop the flow of coolie
labor, he recommended that the United
States pass the same kind of restrictive
legislation as the British had in
Australia, the Dutch in Java and Ceylon.
Davis estimated that there were
already 30,000 to 35,000 Chinese in San
Francisco; 80,000 to 90,000 in all
of California; and 150,000 to 175,000 in
the entire country.26 Quite clear-
ly, the majority of Californians wanted
an end to the influx of Chinese
labor.
Hayes finally responded with only a
statement of sympathy for the people
of the Pacific Coast in their desire to
check Chinese immigration.27 The
New York Times predicted that the
President would also send a special
message to Congress on the subject. This
he failed to do, however, when
it met in January 1878.28 Left without
Presidential leadership, both houses
of Congress passed a resolution, first introduced by
Senator Aaron A. Sar-