Thereupon Sherman called Tipton to order for divulging the secrets of the caucus, and Tipton replied that he had read all the proceedings of the caucus in the morning papers, including the names of the Senators in the call of the yeas and nays, 26 to 21, and that there was only one error in the whole report and that a trifling one. Sherman retorted that perhaps Tipton had furnished the report to the newspapers, but the latter denied it. Sherman then insisted that the newspaper report carried no weight unless confirmed by a Senator. He made the charge also that Tipton had been guilty of divulging the vote on the treaty, taken in executive session. To this charge Tipton could make no defense, but he contended that it had done no harm. The discussion was continued till a late hour, the report of the Caucus Committee being supported in debate chiefly by Edmunds and Morton. The latter affirmed that San Domingo did not enter into the question of displacing Sumner now—implying that it might have been the bone of contention earlier. Morton's statement was technically true. The original disagreement between Sumner and the President had been so overlaid with fresh material that it was now relatively unimportant. Moreover, the Senate had no intention of ratifying the annexation treaty even if the Benjamin Wade Commission should so recommend—as it did. Morton himself had no such intention.
I happened to be in Washington at this juncture and was dining with the late Senator Allison (then a member of the House), on the evening before the report was presented. He informed me of the posture of affairs, said that Sumner was to be deposed, and that Senator Howe had been designated to report a resolution to that effect. He regarded the situation as fraught with peril to the Republican party. I suggested that he and I should call upon Senator Howe and endeavor to prevent or perhaps delay the proposed step. Allison assented. So we went to Howe's apartments, found him at home and alone, and we labored with him till past midnight, seeking in a friendly way to change his purpose, but without avail. He could not be moved. While we were returning, Allison said that Grant must have played his last trump to break the custom of the majority in the Senate, never to displace a member without his own consent. After the deed was done, I called upon Sumner and had a conversation with him on the subject. He said that the most puzzling thing to him was the part taken by Senator Anthony, of Rhode Island, in the affair. Anthony was chairman of the caucus. He appointed the Committee on Committees. Anthony was his friend, a very close friend. He ought to have known beforehand the purposes of the majority, especially since an attempt to displace him had been made at the previous session. Was Anthony himself deceived, or was he a party to the transaction? That was the puzzling question.
When the vote was taken on Howe's report, it was adopted by a large majority. The dissentients withheld their votes, as they did not choose to bolt the decision of the caucus when bolting could accomplish nothing. The result was a fresh grievance added to the growing stock of discontent.
The President's first blow at Sumner had been the removal of his friend Motley from the position of Minister to England. A request for Motley's resignation was sent on July 1, 1870, but he did not comply with it. In the mean time the position was offered to Trumbull in the following letter:[116]
Department of State, Washington,
Confidential.
Garrisons, August 5th, 1870.
My dear Judge,The President desires me to ask if it will be agreeable to you to accept the Mission to London; if so, he is desirous of securing to the country the value of your important service and your experience and ability. I hope most sincerely that it will meet your views to accept this Mission, now more than before important. The events now happening and threatening in Europe require the presence in London of a representative of ability, of firmness, of learning, and of calm self-possession—and your exceptional possession of these requisites has led to the very strong desire of the President and myself that you would undertake the duties of the position. I do not know that we are on the eve of the settlement of our questions with Great Britain, but there are reasons to justify the hope that very important questions may be adjusted within the term of whoever may succeed Mr. Motley. The complications of European politics are favorable and add to the evident desire of the British Ministry to dispose of all questions between the two countries. Can you come here and pass a day with me? I can tell more than I can write. I sincerely hope that you can give a favorable answer; for reasons which you will understand the President desires that this communication be considered confidential, at least for the present. Please let me have your answer as soon as you conveniently can.
Very faithfully yours,
Hon. Lyman Trumbull, Hamilton Fish.
U.S. Senator,
Kingston, Ulster Co., N. Y.
No written answer to this letter has been found. A verbal one was given at the interview which Mr. Fish invited. Trumbull declined the appointment because he preferred to remain a Senator rather than to be a diplomat. Probably he became acquainted at this time with Secretary Fish's intention to move for a settlement of our differences with Great Britain: for in a speech made at Chicago on the 2d of November following, on "Coming Issues," he discussed the subject of our claims against that country at considerable length. In this speech he maintained that we could justly ask for payment of the losses sustained by the depredations of the Alabama and other British-built cruisers, and that we had a still deeper grievance, although one not computable in dollars and cents, growing out of the demand made upon us for the surrender of the rebel envoys, Mason and Slidell, who were captured on board the steamship Trent at the beginning of the Civil War. He showed by the established rules of international law, affirmed by British precedents and practice, that persons, papers, and materials in the enemy's service were alike contraband and subject to capture in neutral vessels on the high seas.[117]
Another "coming issue" referred to in this speech was the endeavor to break up and abolish the iniquitous system by which the appointment of thirty-five thousand officers and clerks of the National Government was made part of the patronage of politicians; and to carry out the principles of civil service reform in which these appointments should be made after competitive examinations so as to secure officers of "the highest fitness, honesty, and capacity." In his argument in favor of this reform he instanced the experience of General J. D. Cox, Secretary of the Interior, who had found it necessary to resign his office because he could not purge his own department of spoilsmen and incompetents foisted upon him by Senators and Representatives. Cox's resignation had caused intense indignation when the reasons for it leaked out. President Grant had pledged himself to the reform of the civil service and had appointed a competent commission to carry on the work, and was really desirous that it should succeed, but he was not willing to fight for it. So when Congressmen fought against it he yielded and put the blame upon them. And the last state of it was worse than the first. "No point in Trumbull's speech," says the newspaper account of it, "was more significant than his endorsement of Secretary Cox's civil service reform, and the enthusiastic cheering with which the large audience unanimously greeted this endorsement."
Attorney-General Hoar had retired from public life some months earlier and for much the same reason. He had made several selections to fill vacancies on the bench of the Circuit Court with an eye single to the character and legal attainments of the judges, and had thereby incurred the enmity of most of the Republican Senators, who wanted to dictate the appointments. It happened at this time that the President was trying to win support for the San Domingo Treaty, and he found, or supposed, that the votes of certain carpet-bag Senators could be obtained if he would give them a member of the Cabinet. In order to create a vacancy he nominated Attorney-General Hoar as a justice of the Supreme Court. The nomination was referred to the Judiciary Committee of the Senate, consisting of Trumbull, Edmunds, Conkling, Carpenter, Stewart, Rice (of Arkansas), and Thurman. Six of these voted against Hoar. The only affirmative vote was that of Trumbull.[118]
After Hoar was rejected, the President asked for his resignation as Attorney-General without assigning any reason therefor, and when it was handed to him he appointed an obscure but respectable lawyer from Georgia of the name of Akerman as Attorney-General, to please the carpet-baggers; but this move did not secure a sufficient number of votes to ratify the treaty, nor was it ever ratified.