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.