VI

The Electoral Commission Bill was considered with great secrecy by the

Joint Committees of the House and Senate. Its terms were in direct

contravention of Mr. Tilden’s plan. This was simplicity itself. He was

for asserting, by formal resolution, the conclusive right of the two

Houses acting concurrently to count the electoral vote and determine

what should be counted as electoral votes, and for denying, also by

formal resolution, the pretension set up by the Republicans that the

President of the Senate had lawful right to assume that function. He

was for urging that issue in debate in both Houses and before the

country. He thought that if the attempt should be made to usurp for

the President of the Senate a power to make the count, and thus

practically to control the Presidential election, the scheme would

break down in process of execution.

Strange to say, Mr. Tilden was not consulted by the party leaders in

Congress until the fourteenth of January, and then only by Mr. Hewitt,

the extra-constitutional features of the Electoral Tribunal measure

having already received the assent of Mr. Bayard and Mr. Thurman, the

Democratic members of the Senate Committee. Standing by his original

plan, and answering Mr. Hewitt’s statement that Mr. Bayard and Mr.

Thurman were fully committed, Mr. Tilden said: “Is it not, then,

rather late to consult me?” to which Mr. Hewitt replied: “They do

not consult you. They are public men, and have their own duties and

responsibilities. I consult you.” In the course of the discussion with

Mr. Hewitt which followed Mr. Tilden said, “If you go into conference

with your adversary, and can’t break off because you feel you must

agree to something, you cannot negotiate--you are not fit to negotiate.

You will be beaten upon every detail.” Replying to the apprehension

of a collision of force between the parties, Mr. Tilden thought it

exaggerated, but said: “Why surrender now? You can always surrender.

Why surrender before the battle, for fear you may have to surrender

after the battle?”

In short, Mr. Tilden condemned the proceeding as precipitate. It

was a month before the time for the count, and he saw no reason why

opportunity should not be given for consideration and consultation by

all the representatives of the people. He treated the state of mind of

Bayard and Thurman as a panic in which they were liable to act in haste

and repent at leisure. He stood for publicity and wider discussion,

distrusting a scheme to submit such vast interests to a small body

sitting in the Capitol, as likely to become the sport of intrigue and

fraud.

Mr. Hewitt returned to Washington and, without communicating to Mr.

Tilden’s immediate friends in the House his attitude and objection,

united with Mr. Thurman and Mr. Bayard in completing the bill and

reporting it to the Democratic Advisory Committee, as, by a caucus

rule, had to be done with all measures relating to the great issue then

before us. No intimation had preceded it. It fell like a bombshell

upon the members of the Committee. In the debate that followed Mr.

Bayard was very insistent, answering the objections at once offered by

me, first aggressively and then angrily, going the length of saying,

“If you do not accept this plan I shall wash my hands of the whole

business, and you can go ahead and seat your President in your own way.”

Mr. Randall, the Speaker, said nothing, but he was with me, as was a

majority of my colleagues. It was Mr. Hunton, of Virginia, who poured

oil on the troubled waters, and, somewhat in doubt as to whether the

changed situation had changed Mr. Tilden, I yielded my better judgment,

declaring it as my opinion that the plan would seat Hayes, and there

being no other protestant the Committee finally gave a reluctant assent.

In “open session” a majority of Democrats favored the bill. Many of

them made it their own. 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 “eight to seven” 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. We preferred him

because he carried more weight.” The subsequent career of Judge Davis

in the Senate gives conclusive proof that this was true.

When the consideration of the disputed votes before the Commission

had proceeded far enough to demonstrate the likelihood that its final

decision would be for Hayes, a movement of obstruction and delay, “a

filibuster,” was organized by about forty Democratic members of the

House. It proved rather turbulent than effective. The South stood

very nearly solid for carrying out the agreement in good faith.

“Toward the close the filibuster received what appeared formidable

reinforcement from the Louisiana Delegation.” This was in reality

merely a “bluff,” intended to induce the Hayes people to make certain

concessions touching their State government. It had the desired effect.

Satisfactory assurances having been given, the count proceeded to the

end--a very bitter end, indeed, for the Democrats.

The final conference between the Louisianians and the accredited

representatives of Mr. Hayes was held at Wormley’s Hotel and came to

be called “the Wormley Conference.” It was the subject of uncommon

interest and heated controversy at the time and long afterward.

Without knowing why or for what purpose, I was asked to be present

by my colleague, Mr. Ellis, of Louisiana, and later in the day the

same invitation came to me from the Republicans through Mr. Garfield.

Something was said about my serving as “a referee.” Just before the

appointed hour General M. C. Butler, of South Carolina, afterward

so long a Senator in Congress, said to me: “This meeting is called

to enable Louisiana to make terms with Hayes. South Carolina is as

deeply concerned as Louisiana, but we have nobody to represent us in

Congress and hence have not been invited. South Carolina puts herself

in your hands and expects you to secure for her whatever terms are

given to Louisiana.” So, of a sudden, I found myself invested with

responsibility equally as an “agent” and a “referee.”

It is hardly worth while repeating in detail all that passed at

this Wormley Conference, made public long ago by Congressional

investigation. When I entered the apartment of Mr. Evarts at Wormley’s

I found, besides Mr. Evarts, Mr. John Sherman, Mr. Garfield, Governor

Dennison and Mr. Stanley Matthews, of the Republicans, and Mr. Ellis,

Mr. Levy, and Mr. Burke, Democrats of Louisiana. Substantially, the

terms had been agreed upon during previous conferences; that is, the

promise that, if Hayes came in, the troops should be withdrawn and

the people of Louisiana be left free to set their house in order to

suit themselves. The actual order withdrawing the troops was issued by

President Grant two or three days later, just as he was going out of

office.

“Now, gentlemen,” said I, half in jest, “I am here to represent South

Carolina, and if the terms given to Louisiana are not equally applied

to South Carolina, I become a filibuster myself to-morrow morning.”

There was some chaffing as to what right I had there and how I got in,

when with great earnestness Governor Dennison, who had been the bearer

of a letter from Mr. Hayes which he had read to us, put his hand on my

shoulder and said, “As a matter of course, the Southern policy to which

Mr. Hayes has here pledged himself embraces South Carolina as well as

Louisiana.” Mr. Sherman, Mr. Garfield, and Mr. Evarts concurred warmly

in this, and, immediately after we separated, I communicated the fact

to General Butler.

In the acrimonious discussion which subsequently sought to make

“bargain, intrigue, and corruption” of this Wormley Conference, and

to involve certain Democratic members of the House who were nowise

party to it, but had sympathized with the purpose of Louisiana and

South Carolina to obtain some measure of relief from intolerable

local conditions, I never was questioned or assailed. No one doubted

my fidelity to Mr. Tilden, who had been promptly advised of all that

passed and who justified what I had done. Though “conscripted,” as

it were, and rather a passive agent, I could see no wrong in the

proceeding. I had spoken and voted in favor of the Electoral Tribunal

Bill and, losing, had no thought of repudiating its conclusions.

Hayes was already as good as seated. If the States of Louisiana and

South Carolina could save their local autonomy out of the general

wreck, there seemed no good reason to forbid. On the other hand, the

Republican leaders were glad of an opportunity to make an end of the

corrupt and tragic farce of Reconstruction; to unload their party of a

dead weight which had been burdensome and was growing dangerous; mayhap

to punish their Southern agents who had demanded so much for doctoring

the returns and making an exhibit in favor of Hayes.

The Century Illustrated Monthly Magazine (May 1913) Vol. LXXXVI. New Series: Vol. LXIV. May to October, 1913 · 第 43 / 166 题