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the case where the question shall come up be, like that of Belknap, strongly affected by party feeling.

President Monroe said: "The right of impeachment and of trial by the Legislature is the mainspring of the great machine of government. It is the pivot on which it turns. If preserved in full vigor, and exercised with perfect integrity, every branch will perform its duty."

I received a good many letters expressing approval of my argument. Perhaps, without inordinate vanity, I may be permitted to preserve those which follow. The approval of my honored and beloved instructor, Judge Thomas, gave me special satisfaction.

I am led to publish these letters partly because I think the opinion of the writers on the question is worth preserving for future reference, but chiefly, I believe, from what I hope will be deemed a pardonable vanity. Mr. Sumner, in editing the thirteen volumes of his speeches, has given in regard to all of them, letters from friends and correspondents, expressing their approval. I do not suppose it would ever have occurred to Daniel Webster to publish similar certificates as to any speech or act of his.

FROM GEORGE S. BOUTWELL, GOVERNOR; SECRETARY OF THE U. S. TREASURY; U. S. SENATOR, ETC., TO

My dear Judge,

JUDGE E. R. HOAR.

UNITED STATES SENATE,

WASHINGTON, May 8th, 1876.

It was the opinion of all who heard your brother's argument in the Belknap case that it was the best of the arguments yet given and that it will rank with the best at any time delivered in the Senate.

I do not write this because I was in any degree surprised, but it cannot be otherwise than agreeable to you to know that there is a concurrence in the view I have expressed. Very truly,

To The Honble

E. R. Hoar,

GEO. S. BOUTWELL,

Concord, Mass.

FROM JUDGE BENJAMIN F. THOMAS OF THE SUPREME COURT OF MASSACHUSETTS.

My Dear Sir

No. 9 PEMBERTON SQ

BOSTON May 25th '76.

I am greatly obliged to you for sending me a copy of your admirable argument on the question of jurisdiction in the impeachment cause

The argument is sensible and exhaustive, the style clear, forcible and attractive and the whole tone temper and spirit becoming a jurist and statesman

Hon Geo F. Hoar

Very truly yours

BENJ F. THOMAS.

FROM WILLIAM M. EVARTS, SECRETARY OF STATE; UNITED STATES SENATOR, ETC.

My dear Mr. Hoar,

NEW YORK, May 22, 1876.

I am much obliged to you for sending me your speech, as manager, on the question of jurisdiction. I had seen it applauded in the newspapers and am happy to add mine to the general suffrage. It seems to me a very complete and able presentation both of law and reasons of State on your side.

My own opinions are strongly adverse to the jurisdiction, and I should greatly lament its maintenance by the Senate. In ordinary times I should not suppose it possible, and I do not think it probable, now.

I hope the defendant's counsel presented the argument as satisfactorily from their side as you have done for yours. But I have little hope that it is so.

Yours very truly, (Signed) Wм M. EVARTS.

The Hon'ble

Geo F. Hoar.

FROM JUDGE DWIGHT FOSTER OF THE SUPREME COURT OF MASSACHUSETTS.

My Dear Sir:

BOSTON, 20 May, '76.

I have read with satisfaction and admiration your exhaustive and conclusive argument in the Belknap impeachment case. It would have convinced me, if I had not been of your opinion already. In thought I doubted a little at first. My mind was soon satisfied that the narrow construction which left the accused to decide whether to abide his trial or by resignation to defeat the jurisdiction of the court could not possibly be correct.

Congratulating you on your success.

Honble Geo F. Hoar

I am

Yours sincerely

DWIGHT FOSTER

FROM CHARLES DEVENS, JR., ATTORNEY-GENERAL, ETC.

My Dear Hoar

WORCESTER
May 18, '76

case.

I have just read with the greatest interest and satisfaction your speech on the jurisdiction in the impeachment It seems to me most able profound and convincing and I congratulate you immensely on the effort which is spoken of by all who have read it as most vigorous and successful. It could not have been better done.

Yours most truly

CHAS DEVENS JR

FROM CHARLES ALLEN, JUDGE OF THE SUPREME COURT OF MASSACHUSETTS.

Dear Mr. Hoar

BOSTON May 18 1876

Thanks for your argument in the Belknap case. Massachusetts is very proud of what you have done in this case;

and I, among the rest.

Hon. G. F. Hoar.

Yours very truly

CHARLES ALLEN.

CHAPTER XXVI

ELECTORAL COMMISSION

WHEN the Presidential election of 1876 was over both sides claimed the victory. When the certificates of the result in the different States reached the President of the Senate, in accordance with the requirement of the Constitution and the law, it turned out that there was one majority for Hayes and Wheeler, upon the face of the returns, if the returns from the State of Oregon were construed in accordance with the Republican claim.

The Governor of Oregon gave a transcript of the record and declared his opinion that it showed one of the lawful electors to have voted for Mr. Tilden. That would have given one majority for Tilden. The Republicans claimed that upon the record the election showed that all the Republican candidates for elector had been chosen in Oregon, and that they had all voted for Hayes and Wheeler.

The Democrats declared that the boards authorized to ascertain and return the result of the election for Presidential electors in South Carolina, Florida and Louisiana had corruptly and unlawfully rejected votes that ought to be counted for them, and counted votes for the Republicans that ought not to be so counted; and had in that way changed the result which, if it had been correctly ascertained and reported, would have shown a Democratic majority in those three States.

The country was deeply excited. Threats of civil war were heard in many quarters. When I went to Washington for the session of December, 1876, while I did not believe there would be a civil war, and supposed there would be some method of escape devised, I confess I saw no such method. I now believe that but for the bitter experience of a few years before, with its terrible lesson, there would

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have been a resort to arms. It would have been a worse civil war than that of the Rebellion, because the country would have been divided not by sections, but by parties.

But, as I have related elsewhere, a majority in Congress agreed to submit the question to a Commission composed of five Senators, five Representatives, and five Judges of the Supreme Court, who, proceeding in accordance with an ingenious and skilfully devised mechanism, were to determine the case.

I believe that as time goes on, the great self-restraint of the American people in dealing with the momentous peril of 1877, and the constructive ability which created the simple but perfect mechanism of the Electoral Commission, will receive, as they deserve, the admiration of mankind. There was at the time, as would be expected, some anger and disappointment at the result. Occasionally some bigot who can find nothing but evil in the history and life of his country, generally some recluse who has little knowledge of affairs, charges the Commission with having wickedly deprived the majority of the people of the fruits of an honest and lawful victory. But, in general, wherever I go I find that intelligent men of both parties are satisfied with the righteousness of the decision, and admit that a different judgment would have wrought the destruction of the Republic.

When the decision of the Electoral Commission was accepted every Democratic vote in the two Houses was against it, and every Republican vote, save two, given in its favor. Of these two, one shortly afterward left the Republican party and became a bitter and angry Democrat. The other, a most admirable and excellent college president, told me that he thought the Commission were technically right. But he thought it better for the effect on the country that the Democratic contention should be sustained. As if in a question of Constitutional proceeding, or rather a question of Constitutional power, a determination could be technically right, and wrong upon the merits. If Congress, technically, that is according to the mandate of the Constitution, had no power to decide the result of the elections in the

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