published in a single volume. It contains the arguments of counsel in full, the opinions of the commissioners, the journal of the commission, and all the certificates and objections.

On Electoral College and Electoral Count see (I.) I Elliot's Debates, 182, 208, 211, 222, 228, 283, 290, 302; 5 Elliot's Debates, 128, 131, 141, 192, 322, 334, 363, 507, 520, 586. (II.) McKnight's Electoral System; The Federalist, lxviii.; Story's Commentaries, § 1449; 2 Bancroft's History of the Constitution, 169; Rawle's Commentaries, 58; 2 Wilson's Law Lectures, 187; 1 Kent's Commentaries, 262; Phocion's Letters (in 1824, copied in 24 Niles's Register, 373, 411); 5 Elliot's Debates, 541; the arguments and precedents in favor of the power of Congress to canvass the votes will be found in Appleton's Presidential Counts, pp. xliv.-liv. (III.) See Annals of Congress for the year required; these are collected in a more easily accessible form in Appleton's Presidential Counts, and the volume entitled Counting the Electoral Votes (H. of R. Misc. Doc., 1877, No. 13). (IV.) 1 Stat. at Large, 239 (act of March 1, 1792); 5 Stat. at Large, 721 (act of Jan. 23, 1845); U. S. Rev. Stat. §§ 131-142. (V.) 2 Stat. at Large, 295 (act of March 26, 1804); Counting the Electoral Votes, 224, 786 (the twenty-second joint rule); 13 Stat. at Large, 490 (act of Feb. 8, 1865); 19 Stat. at Large, 227 (Electoral Commission Act). (VI.) Counting the Electoral Votes, 16 (Bill of 1800); Annals of Congress (6th Cong.), 126 (Pinckney's speech); Apple. ton's Presidential Counts, 419 (ibid.); 7 Benton's Debates of Congress, 472, 473, 480 (the Benton, Dickerson, and Van Buren amendments respectively); Counting the Electoral Votes, 711 (the McDuffie amendment); 7 Benton's Debates, 603 (purports to give the amendment, but omits the amendment proper, as to the election of President, and gives only the provisions relating to the election of

Vice-President); 12 Benton's Debates of Congress, 659 the Gilmer amendment); Counting the Electoral Votes, 422 (the Morton amendment); Congressional Record, Feb. 25, 1875 (the Morton bill); North American Review, January, 1877 (the Buckalew amendment); McMillan's Elective Franchise; Congressional Record, Dec. 19, 1881 (the Edmunds-Hoar bill). (VII.) Counting the Electoral Votes, and Appleton's Presidential Counts; for Jefferson and the Georgia votes in 1801, see, on the one side, 2 Davis's Life of Burr, 71; and on the other, I Democratic Review, 236.

On Disputed Elections see (I.) Hildreth's United States, 402; I von Holst's United States, 168; 2 Gibbs's Administrations of Washington and Adams, 488; 7 J. C. Hamilton's United States, 425; 9 John Adams's Works, 98; 6 Hamilton's Works, 480-523 (and Bayard's letters there given), 2 Randall's Life of Jefferson, 573; 2 Tucker's Life of Jefferson, 75, 510; 3 Jefferson's Works (ed. 1829) 444, and 4:515 (Ana); 1 Garland's Life of Randolph, 187; Parton's Life of Burr, 262; 3 Sparks's Life and Writings of Morris, 132; 2 Benton's Debates of Congress. (II.) 2 von Holst's United States, 4; 3 Parton's Life of Jackson, 54; 1 Colton's Life of Clay, 290; Private Correspondence of Clay, 109; 1 Benton's Thirty Years' View, 47; Sargent's Public Men and Events, 70; 2 Hammond's Political History of New York, 177; 8 Benton's Debates of Congress. (III.) 13 Benton's Debates of Congress, 738. (IV.) 23, 24 Nation; Appleton's Annual Cyclopædia, 1876–7; Tribune Almanac, 1877; Con-~ gressional Record, 1877; and authorities under Electoral Commission.

CHAPTER XVII

PARTIES AFTER 1861

THE DEMOCRATIC PARTY. The situation of the Democratic party, when the extra session of Congress met in 1861,' was peculiarly unfortunate. Founded on a strict construction of the Constitution, and yet called upon to face a war in which, as it was not foreign but civil, the Constitution and laws were certain to be strained to their utmost tension, it could only be at fault in whatever direction it turned. In the midst of an enormous revolution of thought and feeling, it alone endeavored to stem the current and to apply to 1861 the precedents of 1850. In the measures which the dominant party held patriotic and necessary, the issues of paper money, the laws for the confiscation of rebel property and slaves and for drafts, the suspension of the writ of habeas corpus, and the arbitrary arrests of suspected persons, it saw only partisan attempts to make party capital, or direct violations of law for the purpose of increasing party votes or of gratifying the spite of party leaders.

The mass of the party was therefore arrayed, throughout the Rebellion, against the methods by which the war was conducted; but there was a strong underlying sentiment in the party that the war itself was unnecessary, and that the troubles of the country could be most easily settled by a convention of the States. An active minority, chiefly in the border States and a few of the 2 See Construction, III.; War Power.

1 See Rebellion.

Western States, was avowedly anxious for the success of the South; and their busy persistence, the general withdrawal of the war Democrats from the party, and the repugnance of the great mass of Democrats to the more violent war measures, enabled the dominant party to give the name of "copperheads" to the whole Democratic party.

In the first Congress of the war the Democrats had in the Senate but 10 out of 50 members, and in the House but 42 out of 178; in the next Congress (1863-5) they had 9 out of 50 Senators, and 75 out of 186 Representatives. But in both Congresses there were enough borderState members (7 Senators and 28 Representatives in the first Congress, and 5 Senators and 9 Representatives in the second), who generally acted with the Democrats, to make them a very effective opposition.

The political folly of secession may be partially esti mated by considering the fact that only the voluntary absence of the 22 Senators and 66 Representatives of the seceding States gave the Republicans a majority in either House at any time until the real close of the Rebellion. In State elections the Democrats were very steadily defeated; throughout the last two years of the war but two Northern States, New Jersey and New York, had Democratic governors. But the majorities in these elections, with such exceptions as that of Ohio in 1863, were usually not large; and it would be fair to say that the two parties maintained about their proportional vote from 1860 until 1864, the continued Democratic loss of voters who fell off to the Republican party, through a desire for a vigorous prosecution of the war, being balanced by Democratic accessions of Republicans who were estranged by the gradual adoption of anti-slavery measures and attracted by the Democratic opposition to them.' The national convention had been called to meet July 1 See Abolition, III.; Slavery.

4, 1864, at Chicago, but in June its meeting was postponed to August 29th. The selection of a Western city as the meeting-place, just at this time, was undoubtedly a great mistake, for the Western Democrats had been intensely excited in May, 1863, by the arrest and military conviction of C. L. Vallandigham, one of their leaders in Ohio, for attacking the management of the war in his public speeches. The influences which surrounded the convention from its first gathering by no means. tended to calm deliberation, and their result was seen in the platform adopted, whose wording was almost equally brilliant, bitter, and fatal.

For the first time in twenty-four years the platform of 1840, the basis of the party's legitimate existence, was dropped; and the platform of 1864 makes no mention of any economic principle on which the party proposed to manage the Government, if successful. It consisted of six resolutions, all but one of which, the last, attacked the management of the war. The single exception expressed the sympathy of the party for the volunteers in the field. The others, I, stated the party's adherence to the Union under the Constitution; 2, demanded a cessation of hostilities, and denounced the Administration for, 3, interfering with military force in elections, 4, suspending the writ of habeas corpus in States not in insurrection, and 5, refusing to exchange prisoners.

The most important, the second, is as follows, in full:

"That this convention does explicitly declare, as the sense of the American people, that, after four years of failure to restore the Union by the experiment of war, during which, under the pretence of a military necessity of a war power higher than the Constitution, the Constitution itself has been disregarded in every part, and public liberty and private right alike trodden down, and the material prosperity of the country essentially impaired, justice, humanity, liberty, and the public welfare demand that immediate efforts be made for a cessation of