"Personal.
"July, 1868.
"My dear Sir,—I had no agency in getting Gov. Seymour into his present scrape, though I would have been glad of his nomination if his consent could have been freely given. I yielded to his wishes out of tender regard for him. And I feel now that I am the last man who can with delicacy bring a pressure to bear upon him; but my judgment is that acceptance, under present circumstances, would not compromise his reputation for sincerity or be really misunderstood by the people; that the case is not analogous to the former instances which have made criticism possible; that the true nature of the sacrifice would be appreciated; while, on the other hand, the opposite course would be more likely to incite animadversion; that, on the whole, acceptance is the best thing. I think a decision is necessary; for it is not possible to go thro' the canvass with a candidate declining. I am sincerely willing to accept such action as will be most for the honor of our friend; at the same time my personal wishes favor acceptance. You may express for me so much in this respect as you find necessary and think proper. In haste, but
Truly yours,
"S. J. Tilden."
"Washington, July 13, 1868.
"My dear Sir,—I tried to see you before leaving New York last week, but failed to do so.
"It is vastly important for you to have the reporters of the press of this city, who make the views and give the tone to every important newspaper in the country. They are now in an organized state, and if done at once can be controlled for Seymour and Blair.
"The Grant men have declined to pay them any money, but offer largely in case of success. This don't suit.
"It will take about 3000 to 3500 $ per month until the campaign is over to secure these men, about 30 in number, and they are worth more than all the stump orators in the field, and if I had the control would pay them, if necessary, 10,000 $ p. month, or so much as would secure them.
"There are no such men in this country as the reporters stationed here for energy and smartness.
"If you can get Gov. F. P. Stanton, upon whose title-head I write, to take charge of the money and disburse it, you must succeed. Gov. Stanton is treasurer of the Chase committee here. He is brother-in-law of Mr. Perrin, who was secretary of your convention.
"Can't you come or send some reliable man here at once to attend to this matter?
"Let them call on Stanton, who is posted.
"Your friend,
"R. W. Latham."
"Silver Spring, 15 July, '68.
"My dear Tilden,—The day after I got to New York Bennett sent his carriage to take me out to dine with him. He did not talk favorably of Chase, but as an antagonist of Seymour, whom he considered to be at heart opposed to him. He spoke well of Frank, and intimated a purpose to support him if nominated. The day before I left the city Montgomery and myself called at his office. He said he would have supported Frank cordially, but insisted that now it was Grant vs. Seymour, and the former w'd succeed. His son, in whom all his hopes and affections are bound up, is greatly attached to Frank. Is it not worth while to work on the old man's personal vanity and his ambition for his son's advancement in the party's consideration to get him into line to help our cause? Lawrence Jerome is devoted to Frank, and Bennett's son to him. Jerome is out for Frank, although he once subscribed to Grant. I think through him, by proper management, we might get hold of the Herald. Whatever may be thought or said of this fickle print, it is a power in the body politic through its vast circulation. I think it might be led to make a transit to Seymour by means of its inclinings to Frank; and Jerome would be a safe conduct in this matter, as he and Bennett were both shipped once for Grant, but now prefer my hero. They want a hero, and so does our cause; and although Frank is a mighty small young Hickory, he is the best we can now command. Do try and make something of these suggestions; we have so good a cause, and its success is so essential to the welfare of the country, that some condescensions to the old Plutus (or Pluto, if you please) might be a cheap purchase of a three months' command of his columns. If my scribblings in them could be of use in reviving memories of the Jackson-Van Buren era and the prosperous times it brought about for the Republic, I would give a part of every day to inveigh against the monstrous doings of the banditti that now set up for a Congress—and it would be by way of contrast.
"I believe the convention, although it seems to have been by accident, really made the wisest disposition, both as to the ticket and the platform that could have been devised. Seymour's eloquence and polish and moderation has a happy influence to recommend us to the refined and all who are apprehensive of rash counsels in this crisis. Frank's boldness and thorough grasp of all the issues which are looked to as necessary to put the Democracy at once in possession of the good, will do much to rally to our standard all the zealots for the instant overthrow of the corrupt military despotism that now lords it over the land.
"I enjoin it on you to give your sister that dollar I promised to return through you and you w'd not take; I insist on a specific performance for the honor of
"Yr. mo. afft.,
"F. P. Blair."
"Utica, July 20, 1868.
"My dear Sir,—I have given much thought to the subject of organization. I am satisfied a new course must be taken. I do not count in any degree upon the national committee. It will do nothing from the nature of its organization. We have been a long time out of power, and are apt to call upon those who used to be efficient without making allowance for the change made by time. We only need organization. The moment we get it we shall become aggressive. We can get no vigorous organization without putting our young men into the field. To do this we must give them a motive as well as a method for action. This has been done in New Jersey and Connecticut by the Jackson clubs. They are, to a degree, secret organizations. This gives them the charm of novelty, as we have heretofore had nothing of the kind on our side. They hold out a motive to the active young men, as they give to them power at once in their localities. James Spencer, Esq., of New York, and Mr. Palmer, of Wisconsin, called upon me last week with a plan of the kind, which I think is the right thing. They are both good organizers. This scheme is the most efficient, and costs the least. When a club is formed it is not only self-sustaining, but it does a great deal of work at its own cost. If men are sent at once into Maine, Indiana, Ohio, and Pennsylvania they will in a little time give such a start to the movement that it will go on of itself. Time is everything, and it is my opinion any other method should be dropped and this plan entered upon. It has freshness, economy, and simplicity to recommend it. It appeals to young men, as it gives them something to do, and also gives them strength and power in their towns. I wish you would see Messrs. Spencer and Palmer when they call upon you. I am quite well now, but I am suffering with the rest of mankind from the heat. I am overwhelmed with letters. Of course, all I get are very satisfactory. Our papers should keep up a steady fire upon the subjects of debt, taxation, etc., etc.
"Truly yours, &c.,
"Horatio Seymour."
"Hon. S. J. Tilden."
"Silver Spring, 10 Aug., '68.
"My dear Tilden,—Your Milwaukee speech has done me much good—a thing not to be thought of if it were not that this good done to one obscure individual extends to the whole country, when everybody is alike advantaged as I am. Your exposure of the terrible cost the whole nation is put to in maintaining an army to hold one portion of it in subjection makes it plain that the entire commonwealth is subjected. That section of ours which bears the tax (more than England and France both bear to enslave two empires), to keep the South under the foot of our quondam slaves, certainly gets less for its money, although laid out in producing a very thorough despotism, than the imperial dynasties abroad. You have made a capital demonstration of the enormity of the flight into tyranny which our Radicals have made in a short time, from the vantage-ground they obtained in the war over our free govt. The North sells itself into debt and slavery to enslave the South.
"But I owe you something more than the commonalty for your speech—your making my son a great man, giving him the heirship of Old Hickory's glory, although I know it is far beyond his reach, fills me with delight. You put a brilliant rainbow before my eyes, and tell me there is a pot of gold where it stands on the earth. The vision pleases, however, sensible that no effort will find its footing on the ground. Yet I hope Frank's aspirations will not all prove delusions to him or his father. He has all Old Hickory's devotion to his country, and he has the courage to attempt its redemption from the hands of the banditti that has for the time seized on all its wealth and all the defences of its liberties, and I have faith in a providence to overrule it, so that my young stripling who is put forward in the battle against the Philistines may do some execution with his sling.
"I beg you write me a line to say what promise you bring from the West. I have some influence with Bennett. If you think well of it I will write to him and urge him to open his columns to us. I think if Frank made well-considered speeches Bennett would Herald them.
"Yours afft.,
"F. P. Blair."
"My dear Tilden,—My father wished me to mail this for him. I agree in what he says about your Milwaukee speech. It was unanswerable in argument as to Frank's coming East. I am glad he has declined doing so. His letter to that effect came yesterday, saying he did so because you had advised him to confine himself to the West. He has made no speeches, except some off-hand efforts at receptions, etc., etc.
"Y'rs truly,
"M. Blair."
"Washn., Aug. 15, '68."
"Utica, August 17, 1868.
"My dear Sir,—I send you three letters got to-day: one from Chicago about Indiana and Illinois; one from Governor Haight, of California, about the Pacific States; one from Henry D. Barto, of this State, who writes about the mining States. You know him as a gentleman of sagacity and standing. Of course, candidates always get flattering statements which prove nothing. But these letters, like all the letters I get, use the same language. Indeed, if my letters were not dated from different States I should think they were all written from one locality. This uniformity of words and facts means a great deal. It foretells a political change.
"Truly yours, &c.,
"Horatio Seymour."
"Hon. Samuel J. Tilden."
"We, the undersigned, each for himself, hereby agrees with Augustus Schell, Chairman of the Democratic National Executive Committee, to pay to said Schell each ten thousand dollars in such instalments as he may call, which sums shall be expended in such manner as the national Democratic committee shall determine, to defray the just and lawful expenses of circulating documents and newspapers, perfecting organizations, etc., to promote the election of Seymour and Blair.
"It is understood that if in the judgment of said committee the subscriptions for the purposes of the said election not embraced herein shall render it unnecessary to expend the whole amount hereto subscribed, then any surplus which shall remain shall be refunded to the subscribers in equal proportion.
"New York, Aug. 15, 1868.
"August Belmont,
"S. J. Tilden,
"Augustus Schell,
"Richd. Schell,
"George I. Magee,
"Thos. C. Durant,
"Ch. O'Conor,
"C. H. McCormick."
"Aug. 19, 1868.
"My dear Tilden,—Y'rs of yesterday has come to hand. Mr. Welles is now at the Kittery Yard in person, and will not be here for a week perhaps. He has probably done what Shaw and friends ask. If not, 'twill be too late to act, I fear, on his return. Welles is very earnestly with us now, and I have no doubt will do anything he can. My accounts from the West agree with yours as respects political prospects there. But Able, who is not of a sanguine temperament, writes that our friends are going to carry Missouri by 20,000 majority.
"From Maine, Mr. Clapp, former M. C. from Portland, a brother of Mrs. Woodbury, who is also a cautious man, is very confident of gains in the State.
"If my father can go on to New York I am sure he will do so, to see Bennett. The truth is, however, that Bennett looks to position, and there is no getting him without assurances of it. It was in this way that Lincoln got him. He could have been nominated to Paris undoubtedly if he had not himself declined accepting the mission, because he would have been rejected. Chase got his support, I am sure, by promising him this mission if he was elected. The negotiation with Lincoln was carried on through a fellow of the name of Bartlett, who was the same man who got the Herald for Frémont. I had no part in either negotiation, but I knew of both and sustained Lincoln in keeping his bargain with Bennett. His inclinations are with our side, I am sure, and he told my father and myself he would have supported Frank's nomination earnestly.
"I would not hesitate myself in supporting him if he would give us the power of his press to elect our ticket. I regard him as every way a most reputable man, and one of far greater ability than Chief-Justice Chase. I said this to one of Chase's hangers-on one day when he was turning up his eyes at Lincoln's appointment of Bennett.
"If Seymour could support Chase for the Presidency for his doings about impeachment I cannot see why he could not appoint Bennett for helping to save the country.
"Seymour ought not, under any circumstances, to be approached on this matter. But I think we might legitimately hold out hopes to Bennett and keep our promise of support in good faith. I would, for myself, unhesitatingly offer to do my utmost to get the President to appoint him, though I would not offer that Seymour himself should come under any promise about it, or indeed be approached on the subject directly or indirectly.
"Of course, I would not be so explicit on this subject with any one else. But with you I talk freely, so that when the old man comes on, if he should, you will be prepared to take ground on the point in question.
"Y'rs truly,
"M. Blair."
"Wash., Aug. 19, '68."
"Utica, Sept. 26, 1868.
"My dear Sir,—The canvass has run on for more than two months, and the questions of the day have been discussed in journals and meetings by so many different minds, and in so many different modes, that they are somewhat confused in the public understanding. Would it not [be] well if at this moment we could get a fresh presentation of our purposes in a way that will arrest public attention and in a way that will meet the points urged by our opponents, as we now have a need of their position? I have been talking the matter over with Mr. McCormick, in whose judgment I have great confidence. Now, every candidate for the Presidency must have a 'privy council.' There must be a number of men upon whom he can lean, who will help to shape out before election a line of policy which will carry the country through its difficulties. Able, influential, and thoughtful men should know now what they can rely upon in the event of our success. With clear ideas on these points they can work with more vigor, etc. Would it not be well to have a meeting of ten or twelve persons who should talk matters over clear through the coming year? Should not some definiteness be given to our future plans? Could not some position be taken now which will do good in the way of foiling the attacks of our opponents? Up to this time, with the exception of my consultations with you and two or three others, I have been almost isolated in my position. There are many advantages in this, but it should not be held too long.
"I am anxious to see you, and if it be possible for you to meet me here or elsewhere I should like to have a free talk with you. I will write to you soon about taking the field myself.
"Truly yours, &c.,
"Horatio Seymour."
"Utica, October 1, 1868.
"My dear Sir,—Yours of the 30 ult. is received. I see nothing more to be done in Penna. beyond counteracting the effects of the soldiers' meeting. This is a movement upon which the Republicans count largely, and upon which they have spent large sums of money. Now, the éclat of this will not depend upon the soldiers, but the generals who will be in attendance. Can this be done? Get Generals McClellan, Hancock, Franklin to go to Philadelphia on Thursday of next week. Give them a reception. There will be an immense turn-out of the citizens. The Republican meeting and the near approach of the election will furnish all the stimulants needed. As it will be gotten up without parade or all the notes of preparation which have gone before the Republican show, it will tell more on the public minds. The soldiers throughout the country look to see how the popular generals go. We can make the best show in that way. I learn that Hancock has not been asked by the general committee to go into Penna. He is very strong there. I fear we have neglected the soldiers too much. It seems to me that some military exhibition on our side is the only thing to be done before the Penna. elections. If it is made a 'reception' of these generals it cannot be a failure, as there will be a great turn-out to see them. General Slocum should also be there. He can give aid in getting up the movement.
"Truly yours, &c.,
"Horatio Seymour."
"Utica, October 2, 1868.
"My dear Sir,—I send you a letter from General Franklin which is very gratifying. I have written to him, urging him to go to Penna. He is a distinguished soldier, I think from that State, and a great number of those who served under him live there. As he is unused to public speaking, some good talker, who is a man of character, should go with him.
"I have written to Genl. McClellan, asking him to go to Penna. I felt a delicacy in doing so, but the necessity is so great that I sent him the request by Mr. Mather. It will do us great harm if he declines. Our people have looked for his return with anxiety. He has more power in Penna. than any living man. This I learned when I spoke there in 1864. His visit will wipe out the effect of the soldiers' convention. As he was with me when Penna. was invaded, he can do me much good. I did not feel I could in my letter to him say as much as I felt. The soldiers are not inclined to go for Grant. He slaughtered them too ruthlessly. With many thousands of them McClellan's words will be words of command. All my letters from Penna. say that his visit is the only thing needed before their election.
"Truly yours, &c.,
"Horatio Seymour."
"I hope the committee will urge Genl. Franklin to go to Penna."
"New York, Oct. 4th, 1868.
"Received of Allan McLane, Esq., two hundred and fifty thousand dollars ($250,000.00), the same being one-half the purchase money for the steamer Oregonian, sold by W. H. Webb, Esq., to the said Allan McLane for the sum of five hundred thousand dollars, and conveyed by bill of sale to me, the undersigned Samuel J. Tilden, in trust for the said Allan McLane, and to be by me transferred to the Pacific Mail Steam Ship Co., on whose account the aforesaid purchase of the said steamer Oregonian was made by the said Allan McLane, the conveyance aforesaid to be made by me, when requested by the said McLane and upon the payment of the balance of the said purchase money, to wit., the further sum of two hundred and fifty thousand dollars.
"(Signed) Saml. J. Tilden."
"Carondelet, St. Louis Co., Mo., October 10, 1868.
"Hon. S. J. Tilden, New York.
"My dear Sir,—Your favor without date, enclosing me a note written to you by Governor Seymour, was received last evening.
"The Governor's letter is very delicate, kind, and considerate.
"I have been confined to my room since the 10th of September, and in that time to my bed until within the last few days. I am far from well now. My wound, which had closed after opening, threatens to reopen. It may not do so immediately, but I presume it is but a question of time, as it had been allowed to close too soon.
"It will be many days, probably weeks, before I shall be in condition for any effort.
"I am a member of the 'Dyer' court of inquiry, which has been postponed from week to week on account of my absence. So soon as I am able to endure the fatigue of travel I shall be compelled to go to Washington on that service.
"I had always believed that it was not well for officers of the army to engage actively in political campaigns, and I had concluded so long as I remained in the army not to set a contrary example to younger officers; still, the crisis is of such vital moment that I might probably have acted differently in the particular case urged by you, especially when possibly our eventual success depends upon the action of my own State in October. But neither time nor health permit me to act. It is therefore not necessary to discuss the question.
"I believe the election next Tuesday will decide the result of the Presidential election if the majorities in the States are at all positive.
"Our carrying two of the three will insure us a victory in November.
"I feel great interest in the result, I believe no person more so than myself.
"It is our only and last chance.
"I am, Truly Yours,
"Winfd. S. Hancock."
"New York, October 17th, 1868.
"W. F. Story, Chicago, Illinois:
"Telegram just received. The suggestion made to change ticket was wholly unauthorized and unknown to National Democratic Executive Committee or any member thereof. The proposition is regarded as absurd, and is received by our masses with astonishment, derision, and indignation. In October elections we gained largely on much increased vote, compared with eighteen sixty-six, and nearly carried Pennsylvania and Indiana. Been overborne only by systematic frauds and rejection of votes of citizens of Irish and German birth by party that claim suffrage for negroes as national right, and practically accords him supremacy over white men. We came nearer to our expectations than Republicans to theirs. If our friends continue contest in all States with same vigor, our foes will find it impossible to spread their resources over so vast an area with equal effect. Our masses are resolved to renew contest under our chosen leaders, with our old flag flying, with organization unbroken, and with two and half million voters compact and always ready to rally for rescue of constitutional government and civil liberty.
"S. J. Tilden,
"August Belmont,
"Augustus Schell."
"Francis P. Blair, Sen.
Washington, D. C.
"Without contemplating any change, I should be glad to consult with you, but can't leave my post. Come here immediately if you can.
"S. J. Tilden.
"New York, Oct. 20, 1868."
"New York, Oct. 21, 1868.
"Hon. Augustus Schell, Utica.
"Had conference with Spencer and others, and on reflection conclude that we can't spare you possibly. You must come back to the helm with me and provide other companionship for our leader. Come to-night. Can't explain further.
"Rochester, Dec. 2d, 1868.
"My dear Sir,—I suppose the St. Paul preferred was not purchased. I am sorry that it was not, because I see that you was right about the advance.
"I see that the Erie fight is in a great muddle and growing worse.
"I have been thinking of a project for my own benefit, and that is to have all the parties compromise upon me for receiver. I suppose that Belmont on one side, and Tweed and Sweeny on the other, might control it. I would deal fairly by all, and the Erie people might be assured of that, while Davies would be content to have the law business. It would enable me to make some money, and be a good thing all around. I thought I would suggest it to you in strict confidence, and if you can accomplish it I feel sure it will be for your interest, and I will make it so. If you think anything of this act accordingly; if not, burn it, and say nothing about this, attributing it to a weakness to make some money.
Truly yours,
"S. E. Church."
In the first volume of my Life of Tilden (page 226) I had occasion to refer to some of his reasons for declining to withdraw from his candidacy for Governor in favor of Mr. Church. The statements there made gave offence to some of Mr. Church's political followers, which found expression in one of the most devoted newspaper organs of the Canal Ring in Syracuse. In the preceding letter from Mr. Church the reader will find some additional justification for the opinions above referred to, and which helped to inspire Mr. Tilden's distrust of Mr. Church as a leader of a party for reform.
"New York, Dec. 25th, 1868.
"Gentlemen,—I regret that I shall be unable to be in Albany to-morrow at the meeting of the Bar, which you have invited me to attend, and which is to be held for the purpose of 'taking appropriate action in regard to the death of our esteemed friend and professional associate, Peter Cagger.'
"I should, however, do injustice to my own sentiments if I did not avail myself of the opportunity to join my expressions with yours of our common sense of the personal and public bereavement which is the occasion of your meeting, and of the esteem and affection with which we regarded our lamented associate and friend, while living, and with which we still cherish his memory.
"I hope that some one of those who best knew Mr. Cagger will make an enduring record—not merely of the frank and genial and hearty nature which beamed upon us all; not merely of his characteristics as a citizen, a friend and a man, which are known to everybody; not merely, even, of that remarkable executive ability which he manifested in his profession, in business, and in the broader relations with men in which he acted so important a part, but of his great undeveloped capacities as a lawyer and a public man, which were evident to those who saw him intimately and were only kept from the public view by his unambitious temper, which deferred to others and voluntarily limited his own sphere of action.
"With great respect, gentlemen, I remain,
"Very truly yours,
"S. J. Tilden."
"N. Y., Nov. 11, 1869.
"My dear Sir,—I am so pressed for time that I do not know that I shall be able to find a printed copy of the opinions read in the Legislature of New Jersey on the motion to rescind the assent of the 14th Amendment.
"They were three in number, I think: one by Reverdy Johnson, one by George T. Curtis, and one by me. If it should become desirable to use any of them they can readily be found in any file of a Democratic paper.
"Should mine be deemed worth using, I should like to have a correction made.
"By way of emphasis I italicized the word when. This is printed where in all the copies I have seen; and to render the pointlessness of my expression as striking as I desired to render its point, 'where' is sometimes italicized and sometimes put in small caps.
"If you should have any part in using or printing this paper, I am sure you will see this error corrected.
"It is understood that the 14th Amendment is past revocation now, as the requisite number of States have consented. The consent of several were forced, and if the Democratic party is to live in the future it will deny the efficacy of such extorted consents.
"I mention this to the end that you may consider whether the consent of N. Y. to the 14th should not even now be rescinded. Of course, that question has more in it than the inquiry as to the 15th Amt.
"Y'rs truly and in haste,
"Ch. O'Conor."
"Mansfield, Ohio, Oct. 20, '69.
"My dear Sir,—I have just read over, in the quiet of my study, your admirable circular to the bondholders, etc., of the P., F. W. & C. R. R. Co. I cannot forego the expression of my appreciation of the clearness and ability of this statement. It exactly defines the reciprocal duties and rights of the owners of a railroad and the public at large, and states in as few words as possible the reasons for the lease. I do not believe we will soon have occasion to regret it, and sure I am you need not be ashamed of your 'statement of the case.'
I am, truly Yours,
"John Sherman."
"Confidential.
New York, Oct. 7, '69.
"My dear Sir,—Returning home to-day, I find your letter of the 4th.
"It is difficult to obtain the funds necessary for the most economical conduct of our State canvass, especially as we have no candidate who is wealthy. We expect to fight the 'poor man's' battle, but expect to fight it successfully; at present the committee has no funds, and is going on credit of its expectations, which are small, but, we believe, sufficient. I do not think it probable that money could be raised in this city to send abroad. The number of contributors is small, usually, and there is now not much political excitement.
Very truly yours,
"S. J. Tilden."
"Richd. Vaux,
"520 Walnut St., Phila., Pa."
"Aug. 18, 1869.
"My dear Sir,—At the suggestion of a friend of Mr. Russell Sage and of mine, I should attend on Tuesday next in the Oyer and Terminer if I were not obliged to leave town early to-morrow morning on business which will probably make it impracticable for me to return in season.
"Under these circumstances I beg leave to say to your hearers as if upon that occasion some part of what I should say if present.
"I think there can be no doubt that all the grounds of the discrimination contemplated against Mr. Sage, as compared with the other persons charged with having received more than seven per cent. for the use of money—as those grounds are reported in the public journals—are erroneous in point of fact.
"The principal ground is the supposed participation of Mr. Sage in the locking up of greenbacks. This allegation is denied in the most positive and comprehensive manner by an affidavit of Mr. Sage. That denial is corroborated by affidavits of one or more persons most intimately acquainted [with] his affairs. I find no difficulty in giving full credence to these denials from my own knowledge of Mr. Sage, his methods and habits of business, his transactions and investments. They are all incompatible with his being engaged in any such scheme. I have known him well for years. He is about the last man to enter into any combination which would limit the freedom of his individual and personal action. He is not a lender of money as a business or otherwise than of his temporary balances. His interests are all in favor of elevating rather than of depressing stocks, in which the bulk of his property is invested. It would not need the affirmative proof which is offered to make me totally discredit the representation that he was or could be involved in a combination of the character and objects imputed to him. Mr. Sage is a man of rare ability, energy, and enterprise; and his use of these powers is all in the way of building up, constructing, developing. I am satisfied that there is not the slightest ground for imputing to Mr. Sage anything beyond the mere fact of receiving more than seven per cent. for the use of money. I hope that you will consider it consistent with your duty to confine your sentence to the fine which you have applied to the other cases of the same character; and I am sure the judgment of the bar and of the entire community will sanction such a disposition of the case.
"It is not necessary, in my view of the matter, to discuss the statute of 1837. It was peculiar in two respects: that it reversed the equity rule which had prevailed always before in this State and in England, that in cases of usury 'he who seeks equity must do equity'; and that it added to the forfeiture at law of the money loaned a criminal penalty. I remember it in its origin, its authorship, and the circumstances under which it came into being. It was then deemed an extravagant and barbarous law. I have never known its criminal feature enforced until now. I presume that nearly all the community, as well as Mr. Sage, were ignorant of the existence of a feature so anomalous in all jurisprudence.
"I beg to add that the case cannot be deemed one calling for any exceptional rigor; nor do any circumstances of aggravation exist to justify the infliction of a special indignity upon a man of character like Mr. Sage, doing an act, not malum in se, universally practised and universally tolerated.
"With much respect,
"I remain,
"Truly y'rs,
"S. J. Tilden."
"Hon. Albert Cardozo."
"Rochester, June 27, 1869.
"Hon. Saml. J. Tilden.
"My dear Sir,—Your favor is recd. I was sorry you was not at home when I called, although I had no specific business. But it is a good thing to have a general talk once in a while to see whether we look at things alike. Politics seem to be drifting just now, but I think the general tendency of public opinion is in our favor, and at the end of four years we shall go in as a matter of necessity. As to investments—I have precious little to invest, but I would be glad of an opportunity to make some money, and if you see any good chance I hope you will let me know.
"Are you not coming up this way this summer? We would all be glad to see you and any of your family that can come with you.
"Truly Yours,
"S. E. Church."
"Rochester, Jan. 27, '70.
"My dear Sir,—This is my first letter written by myself. You inquire what my physician thinks and what I think about my recovery. My physician and others who have been consulted all say that my recovery is certain and will be perfect, restoring me to full health, but that it will require time on account of my great prostration.
"I have had the 'blues' occasionally, but I believe I shall recover and be well. I am confined to my bed most of the time, but am able to sit up some and walk a little.
"I would like to make some money. Is there not some speculation by which I can do so?
"Why don't you get interviewed?
"Please write.
"Yours truly,
"S. E. Church."
"New York, Jany. 10, 1870.
"My dear Sir,—Can you furnish me the following information:
"1. Copy of the record of births, deaths, and marriages in the family of Isaac Tilden or any others of the name of Tilden, as shown in your office.
"2. Memorandum of the names of parties, dates, and substance of deeds and mortgages to and from the said Isaac Tilden and others of the name of Tilden.
"If these are very numerous, a brief memorandum will answer.
"I can decide afterwards whether I will want copies, and, if so, what.
"3. How can access be got to the church records, and can you get the information from those records as to the matters embraced under No. 1?
"4. Where is the probate office in which wills were kept from 1702 to 1760 or 1780?
"Can you look for will of Isaac Tilden conveniently?
"Of course, I will give you a reasonable compensation for any trouble you may be at in procuring and sending me the information mentioned above.
"Truly yours,
"S. J. Tilden."
"Hon. T. P. Bissell, Esq.,
"Hebron, Conn."
"President's Office, Erie Railway Company, cor. 8th Ave. and 23d St.
"New York, Feb. 11, 1870.
"S. J. Tilden, Esq.
"Dr. Sir,—Feb. 24, 1869, I paid you retainer for Erie R. R. Co. $10,000. Subsequently, on March 5, at your request, I bought Flagg's bonds, with the understanding that he will co-operate with us in A and G matters, paying him $3038.29/100, being the face of the bonds and accrued interest, compounded. At the same time that I paid you the $10,000 I paid you also $1000 for Flagg's services to date as trustee, for which you returned me voucher signed by A. C. Flagg for his daughter.
"I wish to ask you whether, in view of the foregoing, we are not justified in being surprised to find you against us without notice?
"Please reply and oblige,
"Yours truly,
"Jay Gould."
"Monday Evening, February 14, 1870.
"My dear Sir,—On my return late Saturday night I received yours of the 11th, and I take the earliest time at my disposal to reply.
"The retainer to which you allude grew out of and related to matters wholly distinct and disconnected from the A. and G. W.,[52] and was arranged without any agency of mine, and the subsequent payment of it was purely voluntary on your part.
"No intimation was ever made to me that it had any reference to or was to affect my relations to Mr. Flagg[53] as trustee under the several mortgages of the A. and G. W.
"I cannot doubt that it was known to you that I had acted as his counsel for more than a year previous. Nor did I ever suspect that you did not perfectly understand that I was still at liberty to do so.
"Afterwards, when Mr. McHenry[54] sought to retain me in reference to his scheme for reorganizing the A. and G. W., and asked me to name the amount—having looked into all the relations of parties, and having considered his plan—I declined to have anything to do with it in any manner or for any purpose, and refused his retainer, repeatedly pressed upon me.
"In one of these interviews I informed him that the suits which had been commenced to foreclose the mortgages, if, as I understood them to be, for I had not seen the papers, were objectionable, that, if a sale were to be had, they must be reformed or abandoned, and new suit in proper form, and with proper parties, instituted; that Mr. Flagg—at the instance of any bondholders, and possibly in an extreme case without their instance—ought to intervene for that purpose. To this view he yielded.
"When the lease proposed to be made by the receiver was brought to my attention some weeks ago, the counsel of the Erie called on me to ask my consideration of it as counsel for Mr. Flagg and of the first mortgage bondholders. He called on me to exercise my function in that capacity; and had prolonged negotiations with me, not as an associate, but as a representative of a different party.
"I heard no complaint until it happened that, while acting as counsel for the trustees and bondholders, I did not do precisely what their adversaries preferred to have done.
"Now, I answer your question: You 'are not justified in being surprised that I am acting for the trustee and his bondholders "without notice"' to you. You had notice all the time that I was at liberty so to act, and much of the time that I was so acting. If you are surprised, you are under some misapprehension as to the situation. I would have omitted no courtesy towards you. I had no suspicion that you did not understand my position exactly as I understand it.
"When the question as to the proposed lease came before me, suddenly and unexpectedly, it was with the declaration of Mr. Meyer that he was 'opposed to it, unless I could show him reasons to the contrary, which he did not think I could.' I looked at it to see if I could devise modifications which would make it safe for the bondholders.
"The difficulty of the case is the short and uncertain duration of the lease. I was not able to see in it, as drawn, sufficient guards to satisfy the bondholders. I spent a morning with Mr. Lane and Mr. Meyer discussing amendments; and we left for Ohio, with the understanding between him and us that we should have a conference there upon the subject of amendment. It was only when the motion was on and the argument was about beginning that we learned to our surprise that Mr. Backus had decided that no negotiation for any modification would be entertained. So the question had to be argued as it stood. Just before I left Cleveland, Mr. Backus said to me that if we would recognize the advance ($1,390,000) as to be ultimately paid, he would do everything to give us security in the operation of the lease; and, if, when I got to New York, it was thought advisable to negotiate, he would come here on your request. After my return I did think it advisable to consider the question, and so said to Mr. Lane; but he declined. Shortly after, the motion in Philadelphia, of which Mr. Cuyler had given notice, in pursuance of a reservation he had caused to be made in the original order, came on.
"I allude to these circumstances to show that I have treated you fairly and considerately while in an adversary position on this question of temporary lease.
"One word as to Mr. Flagg. The payment of the $1000 for his services was due him, and should have been provided for. I first called the attention of Col. Stebbins to it, and then yours. The purchase of the bonds of Mr. Flagg—to a trifling amount—was no greater favor than had been accorded on a large scale to parties who had stood in the way of the arrangement for the close of the receivership and the making of the lease. That he had taken no selfish care for himself did not seem any reason why he should be treated with less consideration. I submitted the matter to you as the proper party. You treated it with equity and courtesy. You are entitled to the same spirit from Mr. Flagg. But you could not have supposed that he would be unfaithful in any respect to his trust.
"In conclusion, what the first mortgage bondholders want is:
"1. That the suit for foreclosure should be prosecuted, in proper form and with proper parties, to give a good title at the sale, and that they be represented in these suits by their own agent and not by agents of any adversary party.
"2. That, if a sale and purchase of the property be made which operates to discharge their lien, with or without an agreement for reorganization, the title be taken by satisfactory agents for their security.
"That in the mean time the property be protected and further debts in priority to their rights be avoided.
"With these conditions observed, the first mortgage bondholders have every desire to preserve the best relations with the Erie, which is the natural and preferred connection. That is my advice. That is their disposition.
"If you wish any conference on the points on which differences have arisen as to the proposed lease, or as to the general relations of the two roads, I shall be happy to obtain an appointment for that purpose.
"In my judgment the faculties of the parties would be better employed in devising a complete and permanent harmony of interests than in litigation. I think, also, that to attempt to discard from the negotiations the divisional bonds which represent most of the value in the property is a practical mistake.
"Very respectfully, Yours, &c.,
"S. J. Tilden."
"To Jay Gould, Esq."
"New York, Feb. 21, 1870.
"Dr. Sir,—I am in receipt of your note on the subject of the retainer of $10,000 paid you by this Co. I can only say that it was understood and treated by the company as a general retainer, and the voucher so states. The only matters I have consulted you in reference to have been A. and G. W. matters. Knowing the pressure of your other engagements, I felt like troubling you as little as possible, and I therefore simply said to Mr. Lane to consult you if necessary, but to trouble you as little as possible. The reason I could not consent to Mr. McHenry giving you a retainer was the fear that his interests and ours would clash, as I did not have confidence in his schemes.
"Yours,
"Jay Gould."
"P. S.—I shall be happy to meet the other parties on the subject of an arrangement at any time.
"J. G."
"New York, April 15th, 1870.
"My dear Sir,—The election of a chief judge and six associate judges of the Court of Appeals—which will take place on the 17th of May—and the nomination, at the Democratic State Convention to be held at Rochester on the 27th of April, of our candidates for the chief judge and four of the six associate judges, are events of great interest.
"The Democratic party has never hitherto failed to supply in the court of last resort judges of undoubted moral and official purity and integrity, who have commanded the confidence and reverence of the whole people, and who have, by their abilities and professional learning, illustrated the jurisprudence of our State and country.
"In the present tendency of our times—towards a weakening of the trust of the people in the judiciary—it is more than ever important that we hold our standard of character and qualifications high.
"A degradation of the administration of justice is the last calamity of a republic.
"Distrust or doubt in the public mind as to the administration of justice, even if unfounded, involves half the evils of an actual degradation.
"At this moment—when we are about to form our highest court, entirely anew, and for a long period—it is our duty to give attention to the subject, to withdraw ourselves for a little time from our private avocations in order to fulfil our highest obligations as citizens of a republic.
"First, special care ought to be exercised that our most wise, discreet, and disinterested men be chosen to, and be induced to attend, the nominating convention at Rochester on the 27th.
"They should come there to confer for the public good, in a spirit of harmony, conciliation, and surrender of all personal prejudices and all personal antipathies to the great object of forming absolutely the best ticket possible.
"Secondly, assuming—as we may, with confidence—that we shall so act at the convention as to start our canvass with the favorable opinion of the public and of the bar of the State, still in a special election held at an unusual time, and in so short a canvass, prompt and efficient measures should be taken in each county to organize a movement to bring out our vote and elect our ticket.
"I ask your co-operation for these objects.
"Very truly yours,
"S. J. Tilden."
"Confidential.
"New York, April 20, '70.
"My dear Sir,—My letter, which passed yours in the mails, if I recollect its contents aright, is, or implies a practical answer to your last, so far as we can see until we meet in Rochester. I have trusted to it for a day or two, while I am engrossed with measures not capable of being deferred, and which seem essential to the convention and election.
"As to candidates, I have carefully kept myself free; saying uniformly—in quite a number of cases where communications have been made to me personally or by letter—that I intended to be perfectly and absolutely open when opportunity should be had, at the convention and just before, for consultation with our friends to do what might seem best. I am not committed to Comstock, unless it be implied that I would not decide against him until that time, from such expressions made to him and to others.
"He, undoubtedly, has counted on the nomination as chief judge; has believed that Allen was for him, and only aimed to be associated with him.
"While I have kept more cautiously free than Kernan and others, I wish to treat Comstock with delicacy and kindness. Indeed, as I look upon my own future, totally void of any conscious desire for the most honorable of official labors, it seems to me I feel more difficulty in wounding—any more than I at last must—those who are capable of fixing strong affections on objects of an elevated ambition.
"I need not say how strong—and stronger than in other cases—is the personal interest I feel in promoting what shall be finally agreed to be best in respect to your future career, or how disposed I should be to give the prevailing weight to your own ideas on that subject.
"While it is not safe to assume the action of a convention, I should think that besides those who will go for you on public grounds and from personal regard, there will be an element which would like to remove you from the field of active politics. I thought, from December to very recently, this was visible in respect to me, and perhaps there may be even greater motive in respect to you in that you were more likely to become a rival to some existing powers.
"Before I had quite finished my note, which lay over from last evening, yours of yesterday came.
"You perhaps interpret it rather more strongly than I intended. I aimed only to suggest the topic, and naturally stated the cons rather than the pros.
"I will endeavor to see you, as you suggest, at Albion, before the convention, unless something happens to make this inadvisable.
"And letter-writing is so insufficient for such topics that I reserve the discussion till then.
"Meantime, consider what is the method of proceeding in nominating the four. Is that to be done singly, or on one ballot?
"In haste,
"Yours truly,
"S. J. Tilden."
"Hon. S. E. Church.
"Make my special regards to Mrs. and Miss Church."
"Albion, April 20, 1870.
"My dear Sir,—Your kind favor received. I infer that you are opposed to my taking a nomination for chief judge, and it is quite likely you are right about it; but I feel that there has been a great break in my life, and that it may be as well to start on a new track. My reputation is now fair, and on the bench I can keep it so, until I want to use it for my own benefit and that of my friends, and I think I can aid you politically as much as I can to remain as I am. I shall, of course, object to being regarded as 'shelved' by the operation, and yet such may be the result, and some people will doubtless favor my nomination for that reason. They may be awfully mistaken, but this is confidential.
"I shall not dare to go to Rochester next week, lest the excitement might produce a relapse; but you must come here and see me the day before the convention, which you can easily do, and then we can talk the whole thing up—as you say, it cannot be written. Don't fail to come.
"Truly yours,
"S. E. Church."
"Mrs. C. and Nellie send regards."
"New York, Apl. 21, 1870.
"My dear Sir,—I am obliged by the kind terms of your note of yesterday, which were also repeated to me by Mr. Frost, who called on me. But I do not change the feelings with which I regard the nomination for the chief judge, and have regarded it since it was presented to my view in December, or weakened the settled preference I have for freedom and relaxation over even such an honorable distinction. Notwithstanding such a definitive purpose on my part, I hope that you will take care to send a good delegate, because you and I will probably never have another chance of doing so much service to the community in which we live, or to the profession to which we belong, as in securing the best possible selection for judge of the judicial court under a comparatively permanent tenure.
"Very Truly,
"Yours, &c.,
S. J. Tilden."
"New York, Apl. 22nd, '70.
"My dear Sir,—I shall regret it extremely if you cannot extricate yourself from the embarrassments which you mention and I appreciate; and yet come to the convention, if not as a delegate, at least as an outsider. Such an occasion will not be likely to occur in your time or mine, and ought we not seize it to do something of real value to our four millions of people and to pay the debt which Lord Coke says a lawyer owes to his profession?
"I have often thought and talked of you as eminently suitable to take a part in the reconstructed court, but have heard that you were not ready to sacrifice the large gains of your professional career. You are over-modest in the suggestion of one or two friends desiring you to come to a different conclusion; for I have talked with a large number who looked to you, and whose motives cannot be imputed as mere friendship, but spring from a sense of public utility, in securing to the public service your abilities and independent integrity. Indeed, Grover told me some time ago that he would not be a candidate if you would be; and I think the same concession would have been generally made, at least at an earlier day.
"With respect to myself, I cannot reconcile myself to the idea of being tied up for a series of years. I prefer freedom and a period of relaxation to any honors which involve permanent and laborious duties. In December, and repeatedly since, the suggestion from Albany has been made to me that I might have a general support from that and this part of the State for chief, in which those not supposed to be the most friendly would concur, and a considerable number of similar tenders have come to me from other quarters; but to all, by letter and verbally, and among others to Cassidy, each, and Allen—and to Comstock, who is an affirmatively [sic] candidate, to Kernan and O'Conor—I have stated my purpose, and I have no disposition to change it. It is not that I undervalue these great trusts, but I am content that they go to those to whose more robust natures and physical vigor the same considerations which influence me are not applicable, and to those in whose peculiar condition they are an object of laudable ambition. If I can help to get a good selection, and then to elect the ticket, I shall consider myself as concentrating in a few days all the public service I could perform in the whole 14 years; and so having completely acquitted myself to my day and generation, become entitled to a play spell.
"Now, my dear sir, it is in just this matter that I regret to lose your co-operation. You, if present as a delegate or as an outsider, could help largely in the selection of members from all parts of the state. For this city—if the bar were to control as it now stands—they would unite on Rappallo, but whether he can get any political support or not remains to be seen. He has been one of Vanderbilt's counsel, but I have often put him with you when I have said that, with the best quality of men, that consideration could be wholly disregarded.
"Can you extricate yourself from the embarrassments to which you allude—or be neutral on that case—and come and help as to others?
"Remember that for your time as well as mine this occasion is not likely to recur.
"I sat down to say this, and must beg you to excuse me for the long letter I have poured out upon you.
"Very Truly,
"Yours, &c.,
"S. J. Tilden."
"I have omitted to speak of Church. If he becomes a candidate, as is probable, though not decided, he will be a strong one before the convention."