Nevertheless he was heavily handicapped. Greeley, still smarting under Fenton's failure to support him for governor in 1868, declared for Marshall O. Roberts, while Noah Davis, surprised at his insincerity, aided Morgan. If Greeley's grievance had merit, Davis' resentment was certainly justified. The latter claimed that after Conkling's election in 1867, Fenton promised to support him in 1869, and that upon the Governor's advice, to avoid the prejudice against a judge who engaged in politics, he had resigned from the Supreme Court and made a winning race for Congress.[453]
But the Commercial Advertiser, a journal then conducted by Conservatives, placed the most serious obstacle in Fenton's pathway, charging that an intimate friend of the Governor had received $10,000 on two occasions after the latter had approved bills for the New York Dry Dock and the Erie Railroad Companies.[454] Although the Sun promptly pronounced it "a remarkable piece of vituperation,"[455] and the Tribune, declaring "its source of no account," called it "a most scurrilous diatribe,"[456] the leading Democratic journal of the State accepted it as "true."[457] The story was not new. In the preceding summer, during an investigation into the alleged bribery of members of the Legislature of 1868, Henry Thompson, an Erie director, was asked if his company paid Governor Fenton any money for approving the bill legalising the acts of its directors in the famous "Erie war." Thompson refused to answer as the question fell without the scope of the committee's jurisdiction. Thereupon Thomas Murphy testified that Thompson told him that he saw two checks of $10,000 each paid to Hamilton Harris, the Governor's legal adviser, under an agreement that Fenton should sign the bill. Murphy added that afterwards, as chairman of a Republican political committee, he asked Jay Gould, president of the Erie company, for a campaign contribution, and was refused for the reason that he had already given $20,000 for Fenton. Harris and Gould knew nothing of the transaction.[458]
Matthew Hale, chairman of the Senate investigating committee, did not include this testimony in his report, and the startling and improbable publication in the Commercial Advertiser must have withered as the sensation of a day, had not the belief obtained that the use of money in senatorial contests played a prominent and important part. This scandalous practice was modern. Until 1863 nothing had been heard of the use of money in such contests. But what was then whispered, and openly talked about in 1867 as Conkling testified, now became a common topic of conversation. "It is conceded on all hands," said the Times, editorially, "that money will decide the contest."[459]
Talk of this kind appealed to the pessimist who believes a legislator is always for sale, but Speaker Younglove, an assemblyman of long experience, knowing that good committee appointments were more potent than other influences, tactfully withheld the announcement of his committees. Such a proceeding had never before occurred in the history of the State, and twelve years later, when George H. Sharpe resorted to the same tactics, William B. Woodin declared that it made Younglove "a political corpse."[460] Nevertheless, Morgan soon understood that chairmanships and assignments on great committees were vastly more attractive than anything he had to offer, and on January 16 (1869) the first ballot of the caucus gave Fenton 52 votes to 40 for Morgan. A month later, Richard M. Blatchford, then a justice of the United States Supreme Court, wrote Thurlow Weed: "Morgan loses his election because, you being sick, his backbone was missing."[461]