They passed it.

There was belief that Justice David Davis, who was expected to become a member of the commission, was sure for Tilden.

If, under this surmise, he had been, the political complexion of "8 to 7" would have been reversed.
Elected to the United States Senate from Illinois, Judge Davis declined to serve, and Mr.Justice Bradley was chosen for the commission in his place.
The day after the inauguration of Hayes my kinsman, Stanley Matthews, said to me: "You people wanted Judge Davis.

So did we.

I tell you what I know, that Judge Davis was as safe for us as Judge Bradley.