The Democrats in the House of Representatives learned of the election of Justice Davis to the Senate on the morning of the day they were to vote on the passage of the Electoral Commission bill. Even they did not fully realize that it meant that the Justice {289} would not serve on the Commission. Moreover, they had gone to such lengths with the bill that it was too late to turn back. So far as is known the Justice did not inform them or anybody else of his intention to accept the senatorship, or of his scruples about being a member of the Commission, until after the bill became law. When he did do so, the correctness of his position was so clear that the four Justices named in the Act immediately selected Justice Joseph P. Bradley as the fifth judicial member of the Commission. Bradley was a Republican, as were the other three members of the court, Waite, Hunt and Swayne. That is, after Justice Davis was disposed of there remained only Republicans to choose from, and Bradley being regarded as the least partisan, and the most learned in the law, was selected. He fully realized the vast responsibility which had been thus unexpectedly thrust upon him, but he accepted it bravely and without flinching, and discharged it with honor and success. [Sidenote: The counting of the electoral vote by Congress.] The Houses of Congress, and also the Electoral Commission, met on the 1st day of February to count the electoral vote. The Democrats still felt sure of success, since they would win the election, if successful upon a single point, while the Republicans, to be successful, must win upon every point. On the other hand, the hopes of the Republicans had been raised by gaining the majority of the Commission. [Sidenote: The double returns from South Carolina, Florida, Louisiana and Oregon.] When the returns were opened by the President of the Senate two sets of returns were found from each of the four "States," Florida, Louisiana, South Carolina, and Oregon. In the case of Florida the electors voting for Hayes and Wheeler sent with their votes the certification of the "State" Canvassing Board and of the Governor to their election. The case of South Carolina was the same. {290} In the case of Louisiana the electors voting for Hayes and Wheeler sent with their votes the certification of Governor Kellogg and of the "State" Canvassing Board acting with him to their election, and the electors voting for Tilden and Hendricks sent the certification of John McEnery, claiming to be Governor, and the Canvassing Board acting with him, to their election.