"In the whole of this conference Mr. Tilden was never asked to advise what the two committees should do jointly or what the Senate committee should do. He was expressly and repeatedly told that the Senate committee, including the Democratic members, Messrs. Bayard, Thurman, and Ransom, had already determined upon their course whatever his advice or wishes might be. The difficulty on the part of the House committee, in carrying out an independent policy, was pressed upon him as a reason for advising their acquiescence. No argument or persuasion could extract from him a word of personal sanction to the scheme. If, however, it was to be adopted, if it was a foregone conclusion, he manifested a desire that the provisions of the bill should be made to operate as much good and as little mischief as possible, both in their legal effect and in the manner of their execution. He was willing to advise and help in respect to specific provisions, but took care, in doing so, not incidentally to adopt the bill. "The next day, Jan. 15th, Mr. Hewitt telegraphed from Washington to Mr. Edward Cooper: "'WASHINGTON, _Jany. 15, 187-_. "'To E. C. "'The Senate committee will probably reject five- and report six-judge plan immediately. Our Senators feel committed to concur. House committee will not concur, and for present will probably not report.' "The answer was as follows: "'N. Y. _Jany. 15, 187-_. "'To A. S. H. "'Procrastinate to give few days for information and consultation. The six-judge proposition inadmissible. "'E. C.' "On the following day Mr. Hewitt telegraphed again: "'WASHINGTON, _Jany. 16, 187-_. "'To E. C. "'After protracted negotiations Senator receded from six-judge. Declined five-judge and offered four senior associate justices who are to choose the fifth judge excluding chief justice. Our Senate friends earnestly favor acceptance, because they don't believe it possible to pass over Field. The Democrats on the House committee believe this is the last chance of agreement. We cannot postpone beyond eleven to-morrow, and if we decline Senate committee will report their original plan to which our friends are committed. Telegraph your advice.' "To this telegram the following answer was sent: "'N. Y., _Jany. 17, 2 a.m._ "'Be firm and cool. Four-judge plan will not do. Perhaps worse than six. Complaints likely to arise of haste and want of consultation with members, and embarrassment in exercise of their judgment after plan is disclosed by premature committal of their representatives. There should be more opportunity for deliberation and consultation. Secrecy dangerous; probably mistake in itself, and if it results in disaster would involve great blame and infinite mischief.'