The Administration of President Hayes; the Larwill Lectures, 1915, Delivered At Kenyon College

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But the sudden and unexpected resignation of Jus- tice David Davis from the Supreme Court, the member of the Court, who, on account of his independence in politics, it was thought would be selected by his colleagues as the fifth judi- cial member of the Commission, in order to ac- cept the United States senatorship from Illinois, to which he had been elected by the Democratic legislature of Illinois, left four members, all Re- publicans, in the Supreme Court from among whom the justices designa...ted in the act must choose the fifth judicial member of the Com- mission. The Commission as finally constituted contained thus eight Republicans and seven Democrats.
PRESIDENT HAYES 47 The facts in the disputed cases were as follows: The returns from Florida consisted of the report of the regular canvassing board created by the State legislature to the governor that the Re- publican electors had been chosen by the voters, the certificate of Governor Stearns given to these electors, and the vote of the electors for Hayes and Wheeler; also a paper containing votes for Tilden and Hendricks given by certain persons representing themselves as the electors chosen by the voters, but not accompanied by the report of any canvassing board or officer to the governor designating them as the persons chosen electors, and not certified to by the governor.


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