"Will Cooley take it?" I asked; to which he replied, "I will offer any place on the Commission he desires, and will telegraph him at once."
I expressed my satisfaction with this arrangement. He did telegraph Judge Cooley, who accepted, and was the first and most distinguished chairman of the Interstate Commerce Commission.
The Forty-ninth Congress assembled on December 7, 1885, with Thomas A. Hendricks, Vice-President, presiding in the Senate, John Sherman having been elected President pro tempore. The Senate was still in the control of the Republicans by a majority of five. The Democrats had a majority of something like forty in the House, and elected John G. Carlisle Speaker. This is practically the same situation that had prevailed during the previous Congress, except this time the Democrats, in addition to a majority, had the Chief Executive as well. But they were just as powerless to enact legislation as they had been before.
Senators Evarts, of New York; Spooner, of Wisconsin; Teller, of Colorado; Stanford, of California; Gray, of Delaware; Brown, of Georgia; Blackburn, of Kentucky; and Walthall, of Mississippi, were a few of the prominent men who entered the Senate at the beginning of the Cleveland Administration.
Senator Evarts was recognized for many years as the leader of the American Bar. He was not only a profound lawyer, but one of the greatest public speakers of the day. I remember him as a good natured, agreeable man, who was pre-eminently capable of filling the highest places in public life. He was Attorney-General under President Johnson, Secretary of State under President Hayes, and counsel representing the United States before many great international tribunals. He defended President Johnson in his impeachment proceedings, and I remember yet his lofty eloquence on that memorable occasion. He did not accomplish much as a Senator, but he did take an active part where a legal or constitutional question came before the Senate.
Illustrating how great lawyers are as apt to be wrong on a legal question as the lesser legal lights, Senator Evarts expressed the opinion that Congress did not possess the constitutional power to pass the Act of 1887 to regulate commerce. He contended in the debate that the act was a restriction and not a regulation of commerce, and consequently was beyond the power of Congress. The Supreme Court of the United States very soon afterwards sustained the constitutionality of the act.
Before his term expired he became partially blind, and the story is told by the late Senator Hoar that Senator Evarts and he had delivered speeches in the Senate on some great legal, constitutional question, Senator Hoar on one side, Senator Evarts on the other. The latter asked Senator Hoar to look over the proof of his speech and correct it, and in reading over the proof Senator Hoar told me that he became convinced that his position was wrong and that Evarts was right.
I do not know of a Democrat with whom I have served in the Senate for whom I have greater respect than George Gray, of Delaware. We became quite intimate and were paired all during his service. He was one of the few Senators that every Senator on both sides believed in and was willing to trust. Indeed, our country would not suffer if he were elected President of the United States. He has held many important positions,—Senator, member of the Paris Peace Commission, United States Circuit Judge, member of many arbitration commissions,—in all of which he acquitted himself with great honor.
My friend, Senator Henry M. Teller, of Colorado, returned to the Senate at the beginning of this Congress. He had previously served in the Senate, and resigned to accept a Cabinet position under President Arthur. Senator Teller has had a long and honorable public career. He was elected to the Senate several times as a Republican, and appointed to the office of Secretary of the Interior as a Republican. He continued this affiliation until the silver agitation, in 1896, when he regarded himself as being justified in leaving the party, and was twice elected afterward to the Senate by the Legislature of his State, and during this last term I believe he became a pretty strong Democrat; yet he never allowed partisanship to enter into his action on legislation, excepting where a party issue was involved, when he would vote with his party.
I served with him on the Appropriation Committee and other committees of the Senate, and regarded him as one of the best Senators for committee service with whom I was ever associated. The friendly relations between Senator Teller and myself have been very close and intimate since I first knew him, and I am glad to say that the fact that he left the Republican party has not disturbed them in the least.