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SUPREME COURT HISTORY
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"Ex-Judge David Davis (Now Senator) at Home"
HARPERS WEEKLY (February 17, 1877)

In 1877, five Supreme Court justices, in conjunction with five senators and five representatives, participated in a joint electoral commission to end a stalemate in the contested 1876 presidential election. When the Democrats originally agreed to support the commission, they thought Justice David Davis, a political independent, would among its members. However, Davis accepted an appointment to U.S. Senate and resigned from the commission. His replacement, Justice Joseph P. Bradley, was a Republican and ultimately the tie-breaker as the commission voted 8-7 in favor of Rutherford B. Hayes. The caption on this cartoon depicting Davis reads, "After wandering abroad for many a year."