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Marse Henry (Vol. 1)

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The story of the two years that followed relates to investigations that
investigated, to prosecutions that convicted, to the overhauling of popular
censorship, to reduced estimates and lower taxes.

The campaign for the Presidential nomination began as early as the autumn
of 1875. The Southern end of it was easy enough. A committee of Southerners
residing in New York was formed. Never a leading Southern man came to town
who was not "seen." If of enough importance he was taken to No. 15 Gramercy
Park. Mr. Tilden measured to the Southern standard of the gentleman in
politics. He impressed the disfranchised Southern leaders as a statesman
of the old order and altogether after their own ideas of what a President
ought to be.

The South came to St. Louis, the seat of the National Convention,
represented by its foremost citizens, and almost a unit for the Governor of
New York. The main opposition sprang from Tammany Hall, of which John Kelly
was then the chief. Its very extravagance proved an advantage to Tilden.

Two days before the meeting of the convention I sent this message to Mr.
Tilden: "Tell Blackstone"--his favorite riding horse--"that he wins in a
walk."

The anti-Tilden men put up the Hon. S.S.--"Sunset"--Cox for temporary
chairman. It was a clever move. Mr. Cox, though sure for Tammany, was
popular everywhere and especially at the South. His backers thought that
with him they could count a majority of the National Committee.

The night before the assembling Mr. Tilden's two or three leading friends
on the committee came to me and said: "We can elect you chairman over Cox,
but no one else."

I demurred at once. "I don't know one rule of parliamentary law from
another," I said.

"We will have the best parliamentarian on the continent right by you all
the time," they said.

"I can't see to recognize a man on the floor of the convention," I said.

"We'll have a dozen men at hand to tell you," they replied. So it was
arranged, and thus at the last moment I was chosen.

I had barely time to write the required keynote speech, but not enough to
commit it to memory; nor sight to read it, even had I been willing to adopt
that mode of delivery. It would not do to trust to extemporization. A
friend, Col. J. Stoddard Johnston, who was familiar with my penmanship,
came to the rescue. Concealing my manuscript behind his hat he lined the
words out to me between the cheering, I having mastered a few opening
sentences.

Luck was with me. It went with a bang--not, however, wholly without
detection. The Indianans, devoted to Hendricks, were very wroth.

"See that fat man behind the hat telling him what to say," said one to his
neighbor, who answered, "Yes, and wrote it for him, too, I'll be bound!"

One might as well attempt to drive six horses by proxy as preside over a
national convention by hearsay. I lost my parliamentarian at once. I
just made my parliamentary law as we went. Never before or since did any
deliberate body proceed under manual so startling and original. But
I delivered each ruling with a resonance--it were better called an
impudence--which had an air of authority. There was a good deal of quiet
laughter on the floor among the knowing ones, though I knew the mass was
as ignorant as I was myself; but realizing that I meant to be just and was
expediting business the convention soon warmed to me, and feeling this I
began to be perfectly at home. I never had a better day's sport in all my
life.

One incident was particularly amusing. Much against my will and over my
protest I was brought to promise that Miss Phoebe Couzins, who bore a
Woman's Rights Memorial, should at some opportune moment be given the floor
to present it. I foresaw what a row it was bound to occasion.

Toward noon, when there was a lull in the proceedings, I said with an
emphasis meant to carry conviction: "Gentlemen of the convention, Miss
Phoebe Couzins, a representative of the Woman's Association of America, has
a memorial from that body, and in the absence of other business the chair
will now recognize her."

Instantly and from every part of the hall arose cries of "No!" These put
some heart into me. Many a time as a schoolboy I had proudly declaimed the
passage from John Home's tragedy, "My Name is Norval." Again I stood upon
"the Grampian hills." The committee was escorting Miss Couzins down the
aisle. When she came within the radius of my poor vision I saw that she was
a beauty and dressed to kill.

That was reassurance. Gaining a little time while the hall fairly rocked
with its thunder of negation I laid the gavel down and stepped to the edge
of the platform and gave Miss Couzins my hand.

As she appeared above the throng there was a momentary "Ah!" and then a
lull, broken by a single voice:

"Mister Chairman. I rise to a point of order."

Leading Miss Couzins to the front of the stage I took up the gavel and gave
a gentle rap, saying: "The gentleman will take his seat."

"But, Mister Chairman, I rose to a point of order," he vociferated.

"The gentleman will take his seat instantly," I answered in a tone of one
about to throw the gavel at his head. "No point of order is in order when a
lady has the floor."

After that Miss Couzins received a positive ovation and having delivered
her message retired in a blaze of glory.



VI


Mr. Tilden was nominated on the second ballot. The campaign that followed
proved one of the most memorable in our history. When it came to an end
the result showed on the face of the returns 196 in the Electoral College,
eleven more than a majority; and in the popular vote 4,300,316, a majority
of 264,300 for Tilden over Hayes.

How this came to be first contested and then complicated so as ultimately
to be set aside has been minutely related by its authors. The newspapers,
both Republican and Democratic, of November 8, 1876, the morning after the
election, conceded an overwhelming victory for Tilden and Hendricks. There
was, however, a single exception. The New York Times had gone to press with
its first edition, leaving the result in doubt but inclining toward the
success of the Democrats. In its later editions this tentative attitude
was changed to the statement that Mr. Hayes lacked the vote of
Florida--"claimed by the Republicans"--to be sure of the required votes in
the Electoral College.

The story of this surprising discrepancy between midnight and daylight
reads like a chapter of fiction.

After the early edition of the Times had gone to press certain members of
the editorial staff were at supper, very much cast down by the returns,
when a messenger brought a telegram from Senator Barnum, of Connecticut,
financial head of the Democratic National Committee, asking for the Times'
latest news from Oregon, Louisiana, Florida and South Carolina. But for
that unlucky telegram Tilden would probably have been inaugurated President
of the United States.

The Times people, intense Republican partisans, at once saw an opportunity.
If Barnum did not know, why might not a doubt be raised? At once the
editorial in the first edition was revised to take a decisive tone and
declare the election of Hayes. One of the editorial council, Mr. John C.
Reid, hurried to Republican headquarters in the Fifth Avenue Hotel, which
he found deserted, the triumph of Tilden having long before sent everybody
to bed. Mr. Reid then sought the room of Senator Zachariah Chandler,
chairman of the National Republican Committee.

While upon this errand he encountered in the hotel corridor "a small man
wearing an enormous pair of goggles, his hat drawn over his ears, a
greatcoat with a heavy military cloak, and carrying a gripsack and
newspaper in his hand. The newspaper was the New York Tribune," announcing
the election of Tilden and the defeat of Hayes. The newcomer was Mr.
William E. Chandler, even then a very prominent Republican politician,
just arrived from New Hampshire and very much exasperated by what he had
read.

Mr. Reid had another tale to tell. The two found Mr. Zachariah Chandler,
who bade them leave him alone and do whatever they thought best. They
did so, consumingly, sending telegrams to Columbia, Tallahassee and New
Orleans, stating to each of the parties addressed that the result of the
election depended upon his State. To these was appended the signature of
Zachariah Chandler.

Later in the day Senator Chandler, advised of what had been set on foot
and its possibilities, issued from National Republican headquarters this
laconic message: "Hayes has 185 electoral votes and is elected."

Thus began and was put in motion the scheme to confuse the returns and make
a disputed count of the vote.



VII


The day after the election I wired Mr. Tilden suggesting that as Governor
of New York he propose to Mr. Hayes, the Governor of Ohio, that they unite
upon a committee of eminent citizens, composed in equal numbers of the
friends of each, who should proceed at once to Louisiana, which appeared to
be the objective point of greatest moment to the already contested result.
Pursuant to a telegraphic correspondence which followed, I left Louisville
that night for New Orleans. I was joined en route by Mr. Lamar and General
Walthal, of Mississippi, and together we arrived in the Crescent City
Friday morning.

It has since transpired that the Republicans were promptly advised by the
Western Union Telegraph Company of all that had passed over its wires, my
dispatches to Mr. Tilden being read in Republican headquarters at least as
soon as they reached Gramercy Park.

Mr. Tilden did not adopt the plan of a direct proposal to Mr. Hayes.
Instead he chose a body of Democrats to go to the "seat of war." But before
any of them had arrived General Grant, the actual President, anticipating
what was about to happen, appointed a body of Republicans for the like
purpose, and the advance guard of these appeared on the scene the following
Monday.

Within a week the St. Charles Hotel might have been mistaken for a
caravansary of the national capital. Among the Republicans were John
Sherman, Stanley Matthews, Garfield, Evarts, Logan, Kelley, Stoughton, and
many others. Among the Democrats, besides Lamar, Walthal and myself, came
Lyman Trumbull, Samuel J. Randall, William R. Morrison, McDonald, of
Indiana, and many others.

A certain degree of personal intimacy existed between the members of the
two groups, and the "entente" was quite as unrestrained as might have
existed between rival athletic teams. A Kentucky friend sent me a demijohn
of what was represented as very old Bourbon, and I divided it with
"our friends the enemy." New Orleans was new to most of the "visiting
statesmen," and we attended the places of amusement, lived in the
restaurants, and saw the sights as if we had been tourists in a foreign
land and not partisans charged with the business of adjusting a
Presidential election from implacable points of view.

My own relations were especially friendly with John Sherman and James A.
Garfield, a colleague on the Committee of Ways and Means, and with Stanley
Matthews, a near kinsman by marriage, who had stood as an elder brother to
me from my childhood.

Corruption was in the air. That the Returning Board was for sale and could
be bought was the universal impression. Every day some one turned up with
pretended authority and an offer to sell. Most of these were, of course,
the merest adventurers. It was my own belief that the Returning Board was
playing for the best price it could get from the Republicans and that the
only effect of any offer to buy on our part would be to assist this scheme
of blackmail.

The Returning Board consisted of two white men, Wells and Anderson; and two
negroes, Kenner and Casanave. One and all they were without character. I
was tempted through sheer curiosity to listen to a proposal which seemed to
come direct from the board itself, the messenger being a well-known State
Senator. As if he were proposing to dispose of a horse or a dog he stated
his errand.

"You think you can deliver the goods?" said I.

"I am authorized to make the offer," he answered.

"And for how much?" I asked.

"Two hundred and fifty thousand dollars," he replied. "One hundred thousand
each for Wells and Anderson, and twenty-five thousand apiece for the
niggers."

To my mind it was a joke. "Senator," said I, "the terms are as cheap as
dirt. I don't happen to have the amount about me at the moment, but I will
communicate with my principal and see you later."

Having no thought of entertaining the proposal, I had forgotten the
incident, when two or three days later my man met me in the lobby of the
hotel and pressed for a definite reply. I then told him I had found that I
possessed no authority to act and advised him to go elsewhere.

It is asserted that Wells and Anderson did agree to sell and were turned
down by Mr. Hewitt; and, being refused their demands for cash by the
Democrats, took their final pay, at least in patronage, from their own
party.



VIII


I passed the Christmas week of 1876 in New York with Mr. Tilden. On
Christmas day we dined alone. The outlook, on the whole, was cheering.
With John Bigelow and Manton Marble, Mr. Tilden had been busily engaged
compiling the data for a constitutional battle to be fought by
the Democrats in Congress, maintaining the right of the House of
Representatives to concurrent jurisdiction with the Senate in the counting
of the electoral vote, pursuant to an unbroken line of precedents
established by that method of proceeding in every presidential election
between 1793 and 1872.

There was very great perplexity in the public mind. Both parties appeared
to be at sea. The dispute between the Democratic House and the
Republican Senate made for thick weather. Contests of the vote of three
States--Louisiana, South Carolina and Florida, not to mention single votes
in Oregon and Vermont--which presently began to blow a gale, had already
spread menacing clouds across the political sky. Except Mr. Tilden, the
wisest among the leaders knew not precisely what to do.

From New Orleans, on the Saturday night succeeding the presidential
election, I had telegraphed to Mr. Tilden detailing the exact conditions
there and urging active and immediate agitation. The chance had been lost.
I thought then and I still think that the conspiracy of a few men to use
the corrupt returning boards of Louisiana, South Carolina and Florida to
upset the election and make confusion in Congress might by prompt exposure
and popular appeal have been thwarted. Be this as it may, my spirit was
depressed and my confidence discouraged by the intense quietude on our
side, for I was sure that beneath the surface the Republicans, with
resolute determination and multiplied resources, were as busy as bees.

Mr. Robert M. McLane, later Governor of Maryland and later still Minister
to France--a man of rare ability and large experience, who had served in
Congress and in diplomacy, and was an old friend of Mr. Tilden--had been at
a Gramercy Park conference when my New Orleans report arrived, and had then
and there urged the agitation recommended by me. He was now again in New
York. When a lad he had been in England with his father, Lewis McLane, then
American Minister to the Court of St. James, during the excitement over the
Reform Bill of 1832. He had witnessed the popular demonstrations and had
been impressed by the direct force of public opinion upon law-making and
law-makers. An analogous situation had arrived in America. The Republican
Senate was as the Tory House of Lords. We must organize a movement such as
had been so effectual in England. Obviously something was going amiss with
us and something had to be done.

It was agreed that I should return to Washington and make a speech "feeling
the pulse" of the country, with the suggestion that in the National Capital
should assemble "a mass convention of at least 100,000 peaceful citizens,"
exercising "the freeman's right of petition."

The idea was one of many proposals of a more drastic kind and was the
merest venture. I myself had no great faith in it. But I prepared the
speech, and after much reading and revising, it was held by Mr. Tilden and
Mr. McLane to cover the case and meet the purpose, Mr. Tilden writing Mr.
Randall, Speaker of the House of Representatives, a letter, carried to
Washington by Mr. McLane, instructing him what to do in the event that the
popular response should prove favorable.

Alack the day! The Democrats were equal to nothing affirmative. The
Republicans were united and resolute. I delivered the speech, not in
the House, as had been intended, but at a public meeting which seemed
opportune. The Democrats at once set about denying the sinister and violent
purpose ascribed to it by the Republicans, who, fully advised that it
had emanated from Gramercy Park and came by authority, started a counter
agitation of their own.

I became the target for every kind of ridicule and abuse. Nast drew a
grotesque cartoon of me, distorting my suggestion for the assembling of
100,000 citizens, which was both offensive and libellous.

Being on friendly terms with the Harpers, I made my displeasure so resonant
in Franklin Square--Nast himself having no personal ill will toward me
--that a curious and pleasing opportunity which came to pass was taken to
make amends. A son having been born to me, Harper's Weekly contained an
atoning cartoon representing the child in its father's arms, and, above,
the legend "10,000 sons from Kentucky alone." Some wag said that the son
in question was "the only one of the 100,000 in arms who came when he was
called."

For many years afterward I was pursued by this unlucky speech, or rather
by the misinterpretation given to it alike by friend and foe. Nast's
first cartoon was accepted as a faithful portrait, and I was accordingly
satirized and stigmatized, though no thought of violence ever had entered
my mind, and in the final proceedings I had voted for the Electoral
Commission Bill and faithfully stood by its decisions. Joseph Pulitzer, who
immediately followed me on the occasion named, declared that he wanted my
"one hundred thousand" to come fully armed and ready for business; yet he
never was taken to task or reminded of his temerity.



IX


The Electoral Commission Bill was considered with great secrecy by the
joint committees of the House and Senate. Its terms were in direct
contravention of Mr. Tilden's plan. This was simplicity itself. He was
for asserting by formal resolution the conclusive right of the two Houses
acting concurrently to count the electoral vote and determine what should
be counted as electoral votes; and for denying, also by formal resolution,
the pretension set up by the Republicans that the President of the Senate
had lawful right to assume that function. He was for urging that issue
in debate in both Houses and before the country. He thought that if the
attempt should be made to usurp for the president of the Senate a power to
make the count, and thus practically to control the Presidential election,
the scheme would break down in process of execution.

Strange to say, Mr. Tilden was not consulted by the party leaders in
Congress until the fourteenth of January, and then only by Mr. Hewitt, the
extra constitutional features of the electoral-tribunal measure having
already received the assent of Mr. Bayard and Mr. Thurman, the Democratic
members of the Senate committee.

Standing by his original plan and answering Mr. Hewitt's statement that Mr.
Bayard and Mr. Thurman were fully committed, Mr. Tilden said: "Is it not,
then, rather late to consult me?"

To which Mr. Hewitt replied: "They do not consult you. They are public men,
and have their own duties and responsibilities. I consult you."

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.

When the consideration of the disputed votes before the commission had
proceeded far enough to demonstrate the likelihood that its final decision
would be for Hayes a movement of obstruction and delay, a filibuster, was
organized by about forty Democratic members of the House. It proved rather
turbulent than effective. The South stood very nearly solid for carrying
out the agreement in good faith.

Toward the close the filibuster received what appeared formidable
reinforcement from the Louisiana delegation. This was in reality merely
a bluff, intended to induce the Hayes people to make certain concessions
touching their State government. It had the desired effect. Satisfactory
assurances having been given, the count proceeded to the end--a very bitter
end indeed for the Democrats.

The final conference between the Louisianans and the accredited
representatives of Mr. Hayes was held at Wormley's Hotel and came to be
called "the Wormley Conference." It was the subject of uncommon interest
and heated controversy at the time and long afterward. Without knowing why
or for what purpose, I was asked to be present by my colleague, Mr. Ellis,
of Louisiana, and later in the day the same invitation came to me from the
Republicans through Mr. Garfield. Something was said about my serving as a
referee.

Just before the appointed hour Gen. M. C. Butler, of South Carolina,
afterward so long a Senator in Congress, said to me: "This meeting is
called to enable Louisiana to make terms with Hayes. South Carolina is
as deeply concerned as Louisiana, but we have nobody to represent us in
Congress and hence have not been invited. South Carolina puts herself in
your hands and expects you to secure for her whatever terms are given to
Louisiana."

So of a sudden I found myself invested with responsibility equally as an
agent and a referee.

It is hardly worth while repeating in detail all that passed at this
Wormley Conference, made public long ago by Congressional investigation.
When I entered the apartment of Mr. Evarts at Wormley's I found, besides
Mr. Evarts, Mr. John Sherman, Mr. Garfield, Governor Dennison, and Mr.
Stanley Matthews, of the Republicans; and Mr. Ellis, Mr. Levy, and Mr.
Burke, Democrats of Louisiana. Substantially the terms had been agreed upon
during the previous conferences--that is, the promise that if Hayes came in
the troops should be withdrawn and the people of Louisiana be left free to
set their house in order to suit themselves. The actual order withdrawing
the troops was issued by President Grant two or three days later, just as
he was going out of office.

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