Sargent appealed to what was known as the courtesy of the Senate a rule or custom which required Senators of the same party to follow the lead of Senators in the matter of nominations from the respective States. To this rule I objected. I refused to recognize it, and I said that I would never appeal to the "courtesy" of the Senate in any matter concerning the State of Massachusetts. Hitchcock was rejected. The President nominated Houghton's candidate.
This action on my part was followed by consequences which may have prevented my re-election to the Senate. When Judge Russell, who was collector of the port of Boston, was about to resign, General Butler, who had early knowledge of the purpose of Russell, secured from General Grant the nomination of his friend William A. Simmons. Simmons had been in the army, he had had experience in the Internal Revenue Service and his record was good. He was, however, Butler's intimate friend, and all the hostility in the State against Butler, which was large, was directed against the confirmation. I was not personally opposed to Simmons, but I thought that his appointment was unwise in the extreme, and therefore I opposed his confirmation. There were fair offers of compromise on men who were free from objections, all of which were refused by Butler. The President declined to withdraw the nomination unless it could be made to appear that Simmons was an unfit man. This could not be done. I was upon the Committee on Commerce to which the nomination was referred, and upon my motion the report was adverse to the nomination. Butler came to my room and denounced my action, saying that he would spend half a million dollars to defeat my re- election. I said in reply:—
"You can do that if you choose, but you cannot control my action now."
In the Senate I opposed the confirmation on the ground that a majority of the Republican Party were dissatisfied, that it was an unnecessary act of violence to their feelings, that there were men who were acceptable who could be considered, and that the means by which the nomination was secured could not be defended. I was then challenged to say whether I appealed to the courtesy of the Senate. I said:
"No, I do not. I ask for the rejection of Simmons upon the ground that the nomination ought not to have been made."
Sumner appealed to the courtesy of the Senate, but he had then wandered so far from the Republican Party that his appeal was disregarded. Simmons was confirmed.
Enough of the proceedings were made public to enable my opponents to allege that I might have defeated Simmons, and that my action was insincere. As a result I had no further political intercourse with Butler, and when the contest came in 1877 his action aided Mr. Hoar in securing the seat in the Senate. I presume, however, that Butler preferred my election, but he had hopes for himself, or at least that the election would go to a third party. A day or two before the election he sent me a friendly despatch urging me to go to Boston. I had already determined to avoid any personal participation in the contest. That non-interference I have never regretted.
THE ELECTORAL COMMISSION
As I now view the subject (1900) the Electoral Commission was an indefensible necessity. In the division of parties it seemed impossible, and probably it was impossible, to secure a result with peace to the country, except by a resort to extraordinary means.
When the bill passed the two houses the chances were with the Democrats. Judge Davis was in the list of judges from the Supreme Court. His sympathies, and perhaps his opinions, were with the Democratic Party, and there was reason to apprehend that he might incline to act with the Democratic members of the commission. After the passage of the bill Judge Davis was chosen Senator from Illinois, and Judge Strong became a member. Upon the pivotal questions the members acted upon their political opinions, or, most certainly in accordance with them.