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 were 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 “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. We preferred him because he carried more weight.”
The subsequent career of Judge Davis in the Senate gave conclusive proof that this was true.