The act provided that the commission should consist of five senators, five representatives, four designated associate justices of the Supreme Court, and a fifth associate justice to be chosen by these four.

While nothing was said in the act about the political affiliations of the members of the commission, every one understood that the House would select three Democrats and two Republicans, and that the Senate would name two Democrats and three Republicans.

It was also well known that of the four justices designated two were Republicans and two Democrats, and it was tacitly agreed that the fifth would be Justice David Davis, an "independent." But at the last moment Davis was elected Senator by the Illinois Legislature and declined to serve on the Commission.

Justice Bradley, a Republican, was then named as the fifth justice, and in this way the Republicans obtained a majority on the Commission.
The Democrats deserve the credit for the Electoral Commission.

The Republicans did not favor it, even after they were sure of a party majority on it.