"On the request of some member of the House of Representatives, Mr. Tilden himself drew two resolutions for the purpose of making this issue. The Democratic members of the Committee on Privileges, &c., found themselves best able to agree on the simplest form of asserting their principles and deemed that most expedient. Resolutions of that character were prepared by them, transmitted to Mr. Tilden for his advice, and returned with his approval. These resolutions were reported by the Hon. Proctor Knott, chairman of the committee. They will be found in the Congressional Record of Jan. 12, 1877. They are as follows:
"This policy seemed to have been generally agreed upon by the Democratic members of the House of Representatives, and it had been recommended persistently by Mr. Tilden for weeks to all who consulted him upon the subject.
"On the afternoon of Friday the 12th of January, Senator Barnum, passing through New York on his way home for the purpose of getting his family to take them to Washington on the following Tuesday, called on Mr. Tilden and expressed his conviction that a majority of the Senators would concur in denying the right of the president of the Senate to make the count. He had not heard a word of the proposed electoral contrivance. It was afterwards ascertained that the Democratic Senator from New York had been left in equal ignorance.
"On the evening of Saturday, 13th of January, Mr. Marble called on Mr. Tilden, found him in receipt of the McCrary House bill with the amendments proposed by Mr. Hewitt, and a letter from Mr. Hewitt informing him that his counsel would be asked the next day about this bill. Mr. Tilden and Mr. Marble sat late into the night analyzing it. Mr. Tilden invited Mr. Marble to come the next day when Mr. Hewitt should be there to consider this bill, which was supposed to be the axis upon which the deliberations of the House were revolving.
"Mr. Marble was therefore present on the following day, which was the 14th of January, when Mr. Tilden received from Mr. Hewitt his first information that the other measures had been abandoned, and that the subject upon which he wished to confer was the Electoral bill.
"Before he read the new bill Mr. Tilden was told that the Democratic members of the Senate committee were already absolutely committed to this bill, and would concur with the Republican members of the committee in reporting it to the Senate whether the House committee should concur or not.
"'Is it not rather late, then, to consult me?' said Mr. Tilden.
"'They do not consult you,' replied Mr. Hewitt. 'They are public men and have their own duties and responsibilities. I consult you.'
"The examination and analysis of the bill then proceeded. Mr. Tilden said, in the progress of the conference, 'I can't advise you to agree to the bill. I will advise you as to its details.'
"In respect to the provision by which six judges were to be described in the bill and one of them to be eliminated by lot, Mr. Tilden said, emphatically, 'I may lose the Presidency, but I will not raffle for it.'