Since without the fifth Justice the Commission would consist of seven Republicans and seven Democrats, it was evident that this Justice would be the umpire in every question of disputed returns which the two Houses could not themselves settle by concurrent agreement. The responsibility which this Justice would have to bear would be one of the most onerous and solemn duties ever imposed upon any mortal. It could be no less than the making of a President, and it might be the determination of the question whether there should be another civil war. It was not a responsibility to be courted, but no man upon whom it might fall could, with honor, refuse to accept it. It was the general feeling throughout the {287} discussion of the bill that the man who would be chosen was Judge David Davis. He had been a Republican and a close personal friend of Lincoln, but had latterly inclined toward the Democracy, and, it was thought, had favored the election of Mr. Tilden. He was regarded as the man of least political prejudice among a set of men of very little political prejudice. The Democrats, however, were entirely willing to risk their cause in his hands, because they believed it was strong enough on its merits to convince any unprejudiced mind, and there is little question that the Republicans were afraid to risk their cause in his hands, because they knew that they must win on every point or lose altogether, and they hesitated to take such desperate chances unless whatever political prejudice might exist in the mind of the umpire should be on their side. [Sidenote: Justice David Davis.]