New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-08-06


| BY Mr. Hewitt that the Democratic members OF the
| Senate Committee were already absolutely COM
mltted TO it, and would concur with their ReDubli-
can associates in reporting il 70 the Senate whether
| the House Committee should concur or not and
| whether Dir. Tilden approved u OF not
I" Is II not rather late, thep" said Dir. lilden, to
consult me y
"They do not consult you" replied Mr. Hewitt.
They are public men, and have their own duties
and responsibilities i consult y0uD
uLDEN's PLAN CONTESTED WITH THE NEW scHEME
After possessing himself of the policy and pro-
visions of the bill, Mr.. Tildens perception Of their
character was prompt and decided. His dlsapprOyal
OF the Electoral Commission scheme. as might have
been inferred by any political neophyte iron! its
contrast at al points with his own plan was nher-
ent and incurable. 1t was n scheme for getting
votes counted with the approval OF hut single
House, and that House tie one IN political sym
patby with the majority of O commission recruited
from and controlled by bench of which all tho
members save one had been appointed by Lincoln or
Grant. But his cOunsels had approved, Mr.. BIgc.
lows treatise had maintained. Mr.. KnOtts COM
mittees resolutions had formulated and taken
issue upon, the doctrine settled by uniform con-
structiOn of the Constitution and by a uniform
procedure thereunder-that with two political
bodies, each being a unit each having equal author
ity, challenged vote, in the very nature of things.
never could be, as it never had been, counted un-
til the challenge was overcome by the concur.
ring separate affirmative voice OF both.
TILDEN's INTERVIEW WITH HEWITT.
Mr.. Tllden. in his interview with Mr. Hewitt on
the 14th did not withhold the grounds OF his OBJ
lection to the BILL as policy, or IN It's details. Ex-
II,
repeatedly assured by MIR. Hewitt, that the Demo-
cratic Senators had already determined upon their
course whatever his advice or wishes might be. and
some surprise at the secrecy which bad shrOuded
the CESSATION of their project. Mr. Tilden observed
that secrecy in respect to any plan duplicating the
rights and interests OF so many was mistaken and
unfortunate policy. lie recommended the widest
publicity the fullest discussion, the freest consulta
ton, as Democratic method always excellent in
itself and contributing to the prosperity and sta
bility of all self government, and in the present IN
stance no way huFtful, hut advantageous, rather
to the interests of the Democratic party.
To tho argument of haste, Mr.. Iilden replied:
There is time enough 1t is a month before the
count. 1t had best be used, all of it, in making the
people aud their agents fully acquainted with their
rights and duties' To the statement that the Senate
Committee would not delay for this to present their
bill, with the unanimous approval of ITS three Demo-
cratic members. to the Republican Senate, Nr Tiden
replied 1t is a panic of pacitcat0fs- hey will
act in haste and repent at leisure" 10 Mr.. Hewits
representations of the danger OF collision Of force
with the Executive, Mr.. Ilden replied NeVerthe-
less this action is too preepitae. The fears Of col
lision exaggerated. And why surrender now
You can always surrender. That is all you have to
do after being beaten. Why surrender before the
battle for fear Of having to surrender after che bat
tie is OYerW
Mr. Tidens criticisms Of the details of the BILL Of
which in no shape could ne approve either the policy
the substance exemplify the political sagacity Of
the veteran statesman. lie said: IL an arOltra-
ton is to be adopted the tribunal ought TO be fixed
IA the bill itself and not left to chance intrigue
III arbitration Is to be adopted, the duty OF the
arbitrator to investigate and decide the ease on IT'S
"
question of construction. With both the vital points
left at loose ends, you cannot succeed. You cannot
afford to cOncede, and you can exact d. the seec-
tiOn of good men to compose the tribunal, which IS
the controlling point; and (2l the nature of tho
function to be performed by the tribunal, which IS
next IN Importance.
FIX these two pOnts-gOOd men explicit powers
and you might possibly get through. Leave them
doubtful, and it'll happy-go-lucky-the shake OF
dice-bOX."
tanned in its first draft provision by which SIX
judges to be described IN the act. one OF them
then to be eliminated by lot. To this Mr.. 1ilden's
objection peremptOry. said he: may lose
the Presidency, but viii not rattle fOrlt"
TIIDEN's SIGNIFICANT ADVICE TO NEGorAToRs.
When Mr.. Hewitt pressed upon Mr.. Tilden the
difficulty laid III the OF the House to carry out
any independent policy without the support OF the
Democratic Senators. a reason for advising acqui-
essence, neither argument nor persuasion could eX-
tOrt it. But he gives his lnteroeuOr this Significant
counsel, of which the force Will be appreciated best
BY those negOtiatOFs who in privacy and haste ac-
cept the main burden of working out an agreement,
and of making all the sacrifices necessary TO obtain
agreement and of feeling necessity for cOmpr0m-
ise where every advantage OK fact law ana night is
wholly theirs and sufficient power, and who thus
may be driven to surrender one by one, every adj
vantage and every essential condition OF a Just
agreement. Said he; " If yOu go into conference
with your adversary and cant break on because you
gotiate at all. Unless you are able 70
break off, you not fit to negotiate:
You viii be beaten upon every detail"
Row MIR. IlLDEN MIGHT HAVE BEEN SAVED
II was obvious that Mr. Tllden was of this
opinion, that not only fair constitution OF the
tribunal fixed in the BILL but an express command
10 the tribunal to decide the real controversy, not
sham issue, might have been extorted haa lney
been insisted upon as absolute conditions OF agree
ment TO the bill by the Democratic Senator's united
with the Democratic House OF Representatives.
negotiation Piyotng on the House Win I'M, Us
Democratic majority and its constitutional rights,
and reinforced by the Democrats OF the Senate pli-
nority, must have composed success. a negota-
ton piyoting on the Democratic minority IN tho
Senate and excluding the Democratic House with
its major numbers and its latent powers, eonld nut
dignity concession. But the measure itself was nov
one as to which Mr. Tlden's action was or could Do
hestated for single instant. And his practical OBJ
lection deserves much weight as any argued OBJ
lection then or since, namely tnat 30 great
stake as the government of As 100000 Of people,
with an immense civil expenditure, and lOOOOO
ofiice-hOlders to be disposed OF by small BODY
sitting in the Capitol, the judge OF its own powers
would every time become the sport OF intrigue VI
fraud.'
The next day, January 10, Mfr. Hewitt having re-
turned 70 Washington, telegraphed thence 10 Ai
Edward Cooper in New-YOrk:
WASHINGTON, Jan. Is. 1877
To r. c.; ,su. .,a
The Senate Committee will probably reject aye ana
report six Judge plan immediately Our Senators leei
committed 10 concur House Committee VIII not CONCUR
aud for present Will probably not report
Mr.. Tilden's answer was as follows:
NEw-YORK. Jan. Is, 1871
ToAs.H..
Procrastinate 10 give few days for information ana
Oo"'u' &c
The next day Mr.. Hewitt telegraphed again;
WASHINGTON. Jan. 10, 1877.
To Il. c. -. ,,,.,., -
AfCer protraoted negotiations Senate Committesl 81
coded from six Judge [schemel, declined nye luosg
and offered four senior associate justices, VINO ar
choose the fifth Judge, excluding CnleiJusuce ,Ssx
Senate friends earnestly favor acceptance n
do not believe IL POSSIBLE 20 pass over - inc pen~
ca on House Committee believe this is the last ehance
of agreement. We cannot postpone beyond II to-
norr,w and IN we decline, Senate Committee VIII re-
MORT their original plan TO which friends are com
mtted. Telegraph your advice.
Mr.. Tilden sent the following answer:
Nrw-YnRK Ian. 10.