At this point the game of chance turned in favor of the Republicans. It was generally understood that Justice David Davis, of Illinois, would be the fifth Justice to be placed on the commission. He was said to be an Independent,--the only member of the Supreme Court that could be thus classed politically. But, in point of fact, he was more of a Democrat than an Independent. Had he been made a member of the commission it is more than probable that Mr. Tilden, and not Mr. Hayes, would have been made President. The Legislature of Illinois was at that time engaged in an effort to elect a United States Senator. The Legislature was composed of about an equal number of Republicans and Democrats,--three Independents holding the balance of power. The Independents at length presented the name of Justice David Davis as their choice for Senator. In order to make sure of the defeat of a Republican, the Democrats joined the Independents in the support of Justice Davis, which resulted in his election. This took place only a few days before the time appointed for the selection of the commissioners. As soon as it was announced that Justice Davis had been elected to the Senate the Republican leaders in Congress insisted that he was no longer eligible to a seat on the Electoral Commission. This was at first strongly combated by the Democrats, who contended that the Justice was only a Senator-elect, and that he did not cease to be a member of the Court until he tendered his resignation as such; this he was neither required nor expected to do until shortly before the beginning of his term as a Senator. But the Republicans pressed their objections so strongly that the Democrats were induced to yield the point, and Justice Bradley was selected as the fifth Justice. Next to Davis, Bradley came as near being an Independent as any member of the Court. Although he had been appointed as a Republican by President Grant,--as had Justice Davis by President Lincoln,--yet he had rendered several decisions which gave the Democrats hope that he might give the deciding vote in their favor and thus make Mr. Tilden President. In this they were disappointed; for it turned out that the substitution of Bradley for Davis made Hayes President of the United States. It would, perhaps, be unfair to say that the decisions of the commission were rendered regardless of the evidence, the law, and the arguments, yet it so happened that every important point was decided by a strict party vote,--eight to seven.