J. W. EDMONDS TO TILDEN

"A grand wedding will take place in Washington County on Wednesday next: Miss Emily Josephine Smith to the Hon. S. J. Tilden, of New York city. Many Albanians are invited. Our friend, Hon. Chas. Hughes, formerly member of Congress, will be the principal groomsman. The wedding-cards are models of neatness."

"Dear Tilden,—As my journey to Washington is postponed indefinitely, I shall be at home this evening, which has been set apart for an interview with the reporter of the Times on the subject of the charter. I shall want to use, on the occasion, the papers I let you have on Sunday. If you will send them to me by the bearer I will return them to you to-morrow.

"Subsequent reflection has rather convinced me that I ought not to have declined answering your question as to what I received for my work on the charter.

"I declined as I did simply because I do so in all my professional business. Such is my general practice, but there are exceptions, and I see no good reason why this should not be one of them.

T. F. BAYARD TO S. J. TILDEN

"My dear Sir,—The Senate committee of investigation and retrenchment have resolved to meet in New York on Wednesday, January 3rd, and take testimony in relation to the abuses alleged to exist in the Custom House in that city.

"Mr. Casserly and I are desirous the investigation should not be fruitless or superficial. To prevent its being either we must rely on the friends of honest government and reform in both political parties to place us on the track of these abuses that we may unkennel them.

"If the utterances of the Tribune, the Evening Post, the Sun and other organs are meant in earnest, they must now prove it by admitting us to their sources of information. If they rely upon their party friends in the committee, then, I fear, our hopes in the question will be blighted.

"I write you, knowing the grand service you have done and are doing, and because I believe your position and relation to the honest Republican leaders in the desired reforms will give you influence with them.

TILDEN TO HON. HAMILTON FISH

"My dear Sir,—The rush of events, in which I have been and am, has given me no opportunity earlier to acknowledge, as I intended to do, your note of congratulation and sympathy in respect to the recent municipal controversies. I beg you to believe that, among the many which events have brought to me, none is more appreciated than yours, not only because of the many years of personal friendship which have subsisted between us, but—and more—because I think it was prompted by your feelings as a citizen of this great metropolis, closely and long identified with its interests and its renown.

"Accept my thanks for the books you were kind enough to send me, and believe me,

CHARLES O'CONOR TO TILDEN

"Dear Sir,—I can do nothing in Wall St. So I mean, if possible, to stay here until the 26th inst. This will afford an opportunity to put some matters in shape for the operations required after Jany. 1.

"There will be such a pressure of the outs to get in, and of the jobbers to stick a project here and a plan there that no reform charter can possibly be framed and accepted on Gov. Church's instantaneous plan.

"A few very brief enactments can be framed which will meet every public necessity, and thro' a commission a really good charter may be framed. The lean corruptionists, who see a prospect of pasture, will, of course, try to control the appointment and the action of the commission, but the faces which have been set like flint against the fat sharpers must also present a stern front to the lean. If the Legislature is to fail in its duty, perhaps so much the better. What his lazy Majesty the People has long needed was a sharp prick of the corruptionist's spear. It may be that he is not yet sufficiently aroused. Fainting in the legislature may be an absolute necessity.

"The present pressing needs of legislation can easily be supplied. The muddle about the Aldermen is as easily disposed of as the Mayor, Tweed, and Fields. Luckily, the law point is manifestly against the recently elected Republican Aldermen. We can show how to give them their seats.

H. F. TAINTOR [58] TO TILDEN

"My dear Sir,—Mr. Palmer, prest. Broadway Bank, gives me permission to attend at his bank only from 3 to 6 o'clock P.M. each day, except Wednesdays.

"With this gracious promise on his part I have twice to-day applied to Mr. Green for two or three men to assist me during these three hours, but can get nothing from him. When I asked him to allow me to employ outsiders (after he had informed me that he had no men to furnish me) he refused, stating that if once men were on his hands he couldn't shake them off.

"For myself to go there alone each day to examine these old books and papers will be merely child's play, and I am much disappointed at Mr. Green's action. Palmer's concessions amount to but little, and I fear our chances of getting what we desire are but slim.

"Permit me respectfully to again call your attention to the necessity of some legislation touching upon this point, whereby some person or persons can have the authority to not only call for the information necessary, but also to incur the expense necessary to a full examination.

The following circular from the Grand Jury room gives the names of the parties then under suspicion:

"Court of General Sessions, Grand Jury Room,
"New York, January 11, 1872.

"To...

"Cashier.

"Sir,—We regret to trouble you again, but from our present researches we find it necessary to extend our inquiries to 1868 and 1869; and, in order to save the inconvenience of calling you before the Grand Jury by a subpœna for the purpose of answering the following interrogatories (in case the Grand Jury should be willing to waive that right), I would thank you to state in a note to me whether an account was kept during those two years with your bank by either of the following persons, and if yes, by which of them, viz.:

"Yours, &c.,
"Lucius S. Comstock,
"Foreman Grand Jury, Court of General Sessions."

CHARLES O'CONOR TO TILDEN

"My dear Sir,—G. wrote me a note last night, stating that from haste, etc., he omitted many things, especially facts relative to the transaction of 1869.

"He is doubtless growing fidgety and impatient in consequence of his privacy and solitude and the delay.

"I wrote him a reassuring letter, and suggested quiet on his part until the close of the Jumel trial. I promised then to take up the business and put things on a definite footing.

"Once that trial is over I shall be free; and if great and controlling reasons do not oppose, I will proceed at once to deal with the questions and the persons of the hour as public necessity shall, in my judgment, seem to demand.

"Fidelity to a cause once espoused is the first law of my nature. This alone has tied me to these troublesome and engrossing Jumel law suits. They will be over when the corrupt gang of villains engaged in the present enterprise shall have got their quietus. This can hardly fail to happen within a fortnight; and thenceforth no private person's affairs shall prevent the entire devotion of all my time and power to the good cause in which you have so faithfully toiled and of which you have been the most efficient as well as the foremost champion.

TILDEN TO CHARLES O'CONOR

"My dear Sir,—The friend and the counsel of the gentleman we talked of came to see me last evening in response to a telegram from me. The former says and the latter assents that no change on their part has happened. It is obvious that the prejudice against venturing into this city is invincible; and they thought from the last interview that you did not feel interest enough in the matter to pursue it further.

"Their present plan is to have instructions issued which shall protect their man from arrest if he comes personally to his home, and then to have him come there and to have me or some other of us meet him at the house of his friend.

"They would want to be sure that he would not be molested, and perhaps would want to see the evidence.

"Dear Sir,—If you think fit to see him you can give him promise of safe-conduct to and fro. But prompt action should be insisted on and a full disclosure.

A. OAKEY HALL TO TILDEN

"My dear Sir,—It was remarked in my hearing last evening, after you had so gratified the club and its guests, 'Mr. Tilden looks as if he not only had a great head, but also a large heart.' I propose to address the latter, if you will graciously pardon the intrusion.

"I learn that Mr. Peckham intends procuring from the Oyer and Terminer G. J. a duplicate charge agst. me for official neglect. It is in your power to advise against and prevent this. I think, sir, I can satisfy you that such advice will be in harmony with that unflinching standard of justice by which you measure all men and all things.

"I have filed an unqualified stipulation that pending charges be removed to the O. and T. The removal order has been entered. This would have been done before except that Mr. Vanderpool expected Judge Bedford to sit and make it pro forma. There is, therefore, no legal necessity for a duplicate. To press one now is only to wound the feelings of my very interesting family by arousing fresh (and doubtless, at this partisan pitch, cruel) newspaper criticism, and without accomplishing any better oblation to justice (either to me or the people, as the case may prove) than could be attained with existing pleading. And especially when some weeks ago I wrote Atty.-Genl. Barlow I should always be ready for his convenience.

"I think, sir, that ever since, in Sept., 1871, I became convinced of the monstrous frauds (committed by men whose offences are condoned, or whose battles are carried on over my shoulders, because I neither skulk nor avoid fight) I have done much to atone for any imputed neglect in my acts as an auditor during the month of terrible mental trial to me which followed the inauguration of the new charter (May to June, 1870), as well as to entitle me to consideration upon a mere question of discretion like this I now ask you to prefer to Mr. Peckham. I say discretion, because, were it a question in his mind of imperative right towards his affirmative action, I could not insult you, nor him, nor myself by the request to forego it. I shall always be willing to meet the necessary exactions of the law without asking favor. It is only against unnecessary applications I respectfully protest. Surely my unassailed administration as Dist. Atty. during 12 years; my bearing and course as Mayor in all save these unfortunate audits or non-audits (as you please to phrase it); the character of my appointments since Nov., 1871; my uniform support of Mr. Green in his trying position; and my surrender of much personal pride to aid even personal enemies in accomplishing public good, ought to entitle me to ask from Mr. Peckham to be spared all unnecessary stigmas.

"Pray pardon me for thus annoying you who, at this crisis, must be almost overwhelmed with duties. But when I heard the remark with which I began this note, the suggestion came to me with almost the intuition of a woman, and as if the whisper of a daughter—'appeal to his heart.'

TILDEN TO GEO. W. CASS

"My dear Sir,—I was compelled by what seemed for the time to be the most urgent of my many duties, to remain in Albany a little after the diligent chairman of the judiciary committee had resumed the investigations held in this city. In that interval, Mr. George Ticknor Curtis thought it pertinent to the defence of Judge Barnard to introduce certain statements concerning me from Mr. Jay Gould. It happened, also, that the examination on this topic was conducted with so little art—or with so much art—that it totally failed to elicit the complete or substantial truth, and did produce, in practical effect, a mere falsehood. It happened further that, although the investigation is not public, the testimony on this point appears in this morning's journals, with an exceptional fulness.

"If I had been present, I presume Mr. Gould's testimony could have been developed so as to render any further statement to establish the exact truth unnecessary. But as it was not, the series of accidents—such I will assume them to be—that have falsified the transaction, will excuse me in asking you to state the truth which is peculiarly within your personal knowledge.

"'Q. Did you employ any other counsel beside Messrs. Field and Shearman, in behalf of the Erie Railroad?'

"'A. I had John Ganson, of Buffalo; Judge Diven, of Elmira; and Samuel J. Tilden, of New York.'

"'A. No, sir; on the contrary, I heard nothing about Mr. Tilden until he turned up as counsel against the Erie Railroad in a case with the Atlantic and Great Western Railroad.'

"Now, it is within your personal knowledge that the fee paid me was for a year's service as counsel and arbiter in the executive committee of the Cleveland and Pittsburg Railroad Company. The arrangement was formed by you without my presence or knowledge; and the only communication of the terms of it ever made to me was by you.

"In January, 1869, the Cleveland and Pittsburg Railroad was placed in the possession of a receiver by an Ohio court, on the ground of fraud and breach of trust, committed or intended, by the then board of directors. Mr. Gould disavowed the acts complained of, and desired to have the road restored to the management of a board of directors to be newly constituted. You stated to me that the only feasible arrangement for a compromise between the parties was this: The executive committee was to be composed of myself, Mr. J. N. McCullough, the president, and Mr. Gould, who represented a majority of the stock then alleged to be held by the Erie Railway Company. I, who had no interest with either party, and was indifferent between them, was to hold the balance of power between the two other members, and be able to decide every question of law and every question of administration in respect to which they should differ. When the arrangement was submitted to me I declined the part allotted to me. I said I had no interest in the company, and never had any relation to it which imposed a duty in respect to it upon me. I declined more than once to you and Mr. McCullough, notwithstanding the arrangement had been made by which the Erie was to contribute $10,000 and the C. and P. $5000 as compensation. I thought the trust might be troublesome and vexatious; and, at any rate, did not want the business. You, nevertheless, appointed me; and I afterwards acquiesced. I at no time made any conditions about compensation. I never rendered a bill. The payments, when they were made, were purely voluntary. I presume you do not doubt that nothing but your personal persuasions and those of Mr. McCullough induced me finally to acquiesce.

"You never communicated to me that there was any idea on anybody's part that I should owe any duty to the Erie Railway Company except to perform my duties as counsel, director, and arbiter in the executive committee of the Cleveland and Pittsburg Railroad Company. I never assumed any other obligation.

"That duty I performed during the whole year. Upon every question of law, of administration, of policy, I acted; and, as far as I know, with satisfaction to everybody. I had no difficulty with Mr. Gould, who always behaved with consideration and deference. He got the company out of its troubles, and largely enhanced the market value of the stock by the arrangement, and appeared to be satisfied.

"Mr. Gould may well say that (except so far as acting in the Cleveland and Pittsburg was acting for the Erie) I never did act for the Erie in anything, so far as he knew. I never undertook to do so. There never was any ground to pretend that in any of the litigations of that company it had any claim to aid, or shelter, or countenance from me.

"As to the Atlantic and Great Western, I never acted for the company. Prior to this time I had acted for Mr. A. C. Flagg and others, trustees under several of the mortgages, and for certain bondholders; and Mr. Gould knew it. Certainly, nothing in this engagement in the Cleveland and Pittsburg interfered with my right to continue to act for those trustees and creditors, or to act anew for them. In January and February, 1870, I argued before the Supreme Court of Pennsylvania and in the Ohio court, for the trustees and first mortgage bondholders, various questions as to the proposed lease. Mr. Gould faintly set up a claim that he was entitled to notice from me; and I at once reminded him that he knew all the time what my relations to the trustees and bondholders were, and had been for years, and that I had frequently, as their representative, had conferences with the counsel of the Erie. The union of the Atlantic and Great Western Company and the creditors inferior to the first mortgage with the Erie, prevailed; and a lease—which I believe all now agree was improvident and unwise—was made.

"I do not mean to say that it might not happen that a retainer is sometimes received and yet no further services rendered in the case. I presume that this often happens without impropriety. I have only to say that, so far as I recollect, it never has happened to me in any single instance of my professional life. I have been content to receive compensation fixed by agreement with my clients after the services were rendered. I have, in no instance, had any controversy or difference of opinion with any client as to the amount of compensation. I have never heard of any discontent after the settlement, unless this may be such a case.

"Since there is an elaborate attempt to misrepresent an act of my professional life, I have a right to say this—without the imputation of egotism; and I have a right to add that, for the last sixteen years, at least, my only trouble has been not to accept more business than I could perform according to my standard of duty and justice to those who entrust their affairs to my management; that I have not accepted half which has been offered of cases in which the clients were willing themselves to fix my compensation to my full satisfaction out of what they would recognize as acknowledged benefits.

"And I have never hesitated to choose what business I would decline. At the outset of the famous litigation of the Erie, under the presidency of Mr. Eldridge, it was communicated to me that the Erie desired to retain me; and afterwards Mr. J. C. Bancroft Davis, in its behalf, twice came to my office to offer me retainers. I declined. In 1869, Mr. James McHenry, when acting in apparent unison with the Erie, several times pressed upon me retainers in behalf of his scheme of reorganization of the A. & G. W.; but, after considering his scheme, I declined. In the same year Mr. James Fisk, Jr., called upon me with Mr. Jay Gould. Mr. Fisk said, with many flattering suggestions, that they desired to retain me in reference to a matter then pending, and in the course of the interview he stated that they had paid within a year $125,000 to a member of the bar, whose name he mentioned. I declined.

"I do not mean to imply that there would have been anything wrong in acting as counsel for the Erie in a proper case; but simply, when an act of mine is challenged, to state facts which are pertinent to my vindication. I have ever stood, not only in my personal conduct, but in my public influence, for the dignity and honor of the bar and the purity of the bench, and against whatever should tend to weaken or degrade the administration of justice. I did so, in 1869, when the evils of corrupt times were growing and powerful. I accepted issue in the Democratic State convention of that year. On the 1st of February, 1870, at the meeting which resulted in the formation of the Bar Association, I uttered these unpremeditated thoughts:

"'If the bar is to become merely a method of making money, making it in the most convenient way possible, but making it AT ALL HAZARDS, then the bar is degraded. If the bar is to be merely an institution that seeks to win causes, and to win them by back-door access to the judiciary, then it is not only degraded, but it is CORRUPT.'

"Sir, I believe that this country is to-night at about the lowest point in the great cycle which we have occasionally to traverse. I believe that there will come a sounder and a better public sentiment, in which speculation and gambling and jobbing and corruption will lose their power, and in which free government will vindicate its rights to the confidence of mankind. If I did not believe this, I should think that a very great part of my own life was lost, and all the traditions I have derived from my ancestors.

"The better day, to which—in that dark hour—I looked with hope and faith, is now dawning upon our city, State, and country.

G. W. CASS TO S. J. TILDEN

"My dear Sir,—I have this morning received your letter of Saturday, and hasten to answer it, as I am to leave this city for Pittsburg this afternoon.

"Your statement of the facts connected with the arrangement to pay you a counsel fee of $10,000 by the Erie Railroad Company, for services in the Cleveland and Pittsburg Railroad, is strictly correct, all of which came within my personal knowledge.

"At the time, since, and now, I held and hold the position of president of the Pittsburg, Fort Wayne and Chicago Railway Company, which company then held, and still holds, a very important contract relation with the Cleveland and Pittsburg Railroad Company. It was this fact that caused me to take an interest in the complication in which the Cleveland and Pittsburg Company was involved in 1869, and which had been brought about through the action of a director of the Erie Company, that company at the time (as was believed) holding a majority of the stock of the Cleveland and Pittsburg Railroad Company.

"To free the latter company from the litigation in which it was involved, I came to this city and had an interview with the then president of the Erie Railway Company, who condemned the whole proceedings of what was called the 'Erie board' at Cleveland. He agreed that a portion of the members should resign, and that you and myself should come into the direction and the executive committee. I returned home, and, after a conference with J. N. McCullough, Esq., then and now president of the C. & P. R. Co., a plan of reorganization was agreed upon, as set forth in your letter. To this date nothing had been said to you on the subject. On coming to this city, and developing the plan to you, you declined to go into the board or have anything to do with the business, for the reasons stated in your letter. I said to Mr. Gould and Mr. McCullough—the latter more than once—not to urge the question on you any further, as you might take such a decided stand that we would not be able to overcome your objections, but that the plan should be proceeded with, and we should elect you into the board and take the chances of getting you to serve. This was done, and you were elected without consulting you farther or obtaining your consent. After the reorganization of the board the arrangement that you should be the umpire in the executive committee, and have charge of all legal proceedings and be general counsel to the committee and board was arranged as you state, and without first consulting you. I took it upon myself to make such arrangements as would bring harmony into the board, believing you would acquiesce in such arrangement as I might make. Before you came into the Cleveland and Pittsburg board a resolution was placed on the minutes electing you the general counsel, and fixing the compensation. It was also proposed that owing to the interest which the Erie Railway Company had (controlling a majority of the stock), and the interest which the Pittsburg, Fort Wayne and Chicago Railway Company had by its contract with the Cleveland and Pittsburg Railroad Company, that each of those companies should retain you in their respective behalfs touching those interests. All this was done without any indication from you as to what you would do.

"I afterwards learned from you that the Erie Railway Company had paid you the ten thousand dollars, as agreed, without waiting for you to render a bill. The five thousand dollars agreed to be paid by the Pittsburg, Fort Wayne and Chicago Railway Company has never been paid or even spoken of since.

"The compensation above referred to was for those specific services and for no other, so far as I ever heard or believe. Those services continued to the close of the year, when you retired from the board. I remained in the board during that year and ever since.

"I will add that the arrangement made in 1869 was of large pecuniary benefit to the stockholders, and gave to the affairs, as well as the stock of the company, a stability they had never before had.

"I believe what I have written covers the whole case—at least I have so intended—and if, after I return from Pittsburg, it shall be found that any facts have been omitted, I shall be glad to supply the deficiency.

TILDEN TO LOGAN RAILEY [60]

"My dear Sir,—I rec'd your letter, but find it difficult to get a moment in which to answer it.

"If I have a team, I want: 1. That each horse should be healthy (of sound constitution), a good feeder, and tough. I have had enough of horses which lose in whole or in part their feed after being driven, or which have to or a medicine. I do not want a horse that needs care all the while to keep him well.

"4. I want the two horses to be well matched in size, appearance, temper, and action. The color is of less importance.

"And if the horses you offer are such, and if you choose to bring on the horse 'Morris Miller' at my expense and risk, and the other horse at your own expense and risk, I will take 'Morris Miller' at $5000; and if the other horse shall prove satisfactory to Mingo and me on an opportunity of trial for a week or two, to be determined with reference to the weather and my being in town, I will give $5000 more and the pony for the other horse.

"Of course, I do not want to try one horse alone, and in doing so rely upon your representation that the other horse will suit, and that the two will work together as you say.

"I enclose check for $5000, which you can take if you approve these terms, but are to return without using it if you do not affirm these terms.

TILDEN TO MAHLON SANDS

"My dear Sir,—I have this moment received your card stating that you 'will take the liberty of using my name as one of the vice-presidents of the meeting to be held at Steinway Hall to-morrow evening, unless I inform you that I desire you not to do so.'

"My information as to the precise object of your meeting is very limited—if it can be said to exist at all.

"As I infer that the drift of the meeting is to touch the Presidential question, it is proper to say, that in a contest practically between Gen. Grant and Mr. Greeley, I think that a more liberal policy—as well in respect to the systems of revenue as in respect to the pacification of the South, the restoration of local self-government in those States, and the repression of the immense corruptions and wrongs which exist there—can be better worked out through the election of the latter than by that of the former.

CHARLES O'CONOR TO TILDEN

"I have been thinking somewhat intensely on a particular subject since I saw you.

"I mean in reference to a question of our personal action in a matter which, I suppose, is to come off on Monday.

"I have made up my mind definitively that whatever you or others may think fit to do, I will not, under any circumstances figure in that affair.

"There can be no mistake about its being unfit.[61] I shall be sorry to stand alone, but I am not afraid to do so.

RICHARD B. CONNOLLY TO TILDEN

"My dear Friend,—It has been intimated to me by a mutual friend that I have expressed myself as to your acts towards me, previous to the actions of the courts and jury in reference to my case, that you had acted unkindly and in a manner that would not appear at all friendly. I assure you I have not done so, but, on the contrary, have always expressed myself to others that I was fully satisfied that the advice I received from you and Mr. Havemeyer was for my benefit, and that both were governed by pure and patriotic motives. I did confess that in my actions I was influenced by your advice, as being best for the public interest and for my advantage. Be assured, my dear sir, that while I live I shall remember with gratitude your very kind treatment to me during that eventful period in my life, and I know by my future acts I shall prove worthy of your friendship and esteem.

CARL SCHURZ, JACOB D. COX, WILLIAM CULLEN BRYANT, D. A. WELLS, OSWALD OTTENDORFER, JACOB BRINKERHOFF (COMMITTEE) TO TILDEN

"The undersigned desire to have a conference of gentlemen who are opposed to the present administration and its continuance in office, and deem it necessary that all the elements of the opposition should be united for a common effort at the coming Presidential election.

"They respectfully invite you to meet a number of gentlemen belonging to the different branches of the opposition at the 5th Avenue Hotel, N. Y., on June 20th, at 2 P.M., for the purpose of consideration and to take such action as the situation of things may require.

"Your attention is respectfully drawn to the fact that this invitation is strictly personal to yourself, and a prompt reply is earnestly requested, addressed to Henry D. Lloyd, secretary of committee, P. O. box 2209, N. Y.

"Carl Schurz, Missouri,
"Jacob D. Cox, Ohio,
"William Cullen Bryant, N. Y.,
"David A. Wells, Conn.,
"Oswald Ottendorfer, N. Y.,
"Jacob Brinkerhoff, Ohio."

JOHN J. TAYLOR TO TILDEN

"My dear Sir,—For some years past I have not been able to see how I could do any good by active political action. This year it looked as though something might be accomplished, and I signified my willingness to go to the State convention, and allowed myself to become interested in the political situation. The nominations at Cincinnati gave me a recoil, but still I hoped something might be done. I confess I am almost discouraged again. If Greeley is to be nominated at Baltimore it will so divide the Democrats as to cause defeat just when success is within our reach by a judicious nomination, either wholly Democratic or partly and principally liberal Republican. We could unite on Trumbull, Adams, Davis, Cox, etc. I could even (though reluctantly) support Chas. Sumner, but I don't see how I can preserve my self-respect if I vote for Greeley.

"Is his nomination at Baltimore a necessity? If a straight Democratic ticket is not advisable, why could not some arrangement be made to nominate, say, Trumbull, and some reform Democrat, yourself, for instance, for V. P.? I am not so much a 'Bourbon' but that I could vote for such a ticket with great pleasure. I care nothing for the issues which are past, but Mr. Greeley is directly against us upon the great living issues, those issues which began with our govt. and must last as long as it lasts. He has not, besides, the qualities which fit for the Presidency, but others which would make him the prey of the designing and corrupt.

"I am unwilling to trespass on your valuable time, but should be very glad of a line from you on this subject.

TILDEN'S ADDRESS TO THE BAR ASSOCIATION

"Gentlemen,—I congratulate you on the substantial progress which has been made in purifying the judiciary. Everything which at the beginning of the late legislative session you set before yourselves as practicable, everything which you were afterwards encouraged to undertake, has been accomplished. You asked for an inquiry into abuses in the administration of justice. You have had an investigation—patient and thorough—during seven weeks, in session continued from ten in the morning until late at night—carried on in the presence of the accused and their counsel. It is true the inquiry could only touch a small part of the evil—the specific cases presented by you. But every judge against whom you made charges has been put on his trial, except one, who fled from the ordeal. I repeat to you to-night what I said at the meeting at which this association was organized. It was on Feb. 1, 1879—when the shameful perversion of judicial process and judicial power that characterized 1869 were fresh in the public mind, and the corrupt oligarchy, whose tools these judges were, seemed to sit enthroned over the prostrate people of our metropolis.

"If it will do its duty to itself, the bar can do everything else. It can have reformed constitutions, it can have a reformed judiciary. It can have the administration of justice made pure and honorable. One word as to the pending impeachment of Judge Barnard. I do not share the fears which have been expressed in the public journals as to the results. First, I know that in the investigation, which extended to all the witnesses the accused desired to produce, and with full cross-examinations, there was developed more impeachable matter—ten times over—than can be found in the eight principal cases of judicial impeachment, four resulting in convictions which have occurred in this country. Secondly, I believe that the leading members of the committee of managers will faithfully prosecute the trial. Thirdly, I have the most absolute confidence in the abilities, professional skill, and earnest patriotism of the counsel who will represent the people, and on whom the real burden of the trial will fall. I respect the sentiments of my brethren of the bar which demanded that I should continue still farther my connection with the movement to purify the judiciary. I mean, of course, as one of the managers of the impeachment, for you all know that I would not have acted as counsel. While I did not feel at liberty by my own act to withhold any service which you thought I could render to the great reform, my opinion differs somewhat from the public impression. The great work of investigation, of collecting evidence, and of securing sufficient concurrence and co-operation to put the accused on trial—which has been an immense and difficult labor—is done. The gentlemen whom I met in conference, after everything had been completed except to decide on the form of procedure—when I consented to impeachment instead of removal by concurrent resolution—and I see several of those gentlemen present, will remember that I then stated my difficulty in engaging in a prolonged trial during the summer. When the choice of the managers came to be made I did not feel called on to enter into a canvass or to form combinations. In everything else I had felt it my duty to exercise all foresight and every care, and to exert every power I possess to organize such elements as could be found for good ends. In this I felt entitled to leave every human being to his spontaneous action. If I should receive an honorable discharge I had a right to accept it. I cannot be accused of selfishness if I did so with delight. One care only remained for me. That was to look after the choice of counsel. I communicated what seemed to be, in the actual circumstances, the best suggestions to Mr. Alvord, and met his prompt and cordial concurrence. Of Mr. Van Cott—the senior member of the committee which represented you in the investigation—I need not speak. The eminent jurist with whom he will be associated—Judge Comstock—will bring to his duty great abilities, ample stores of learning, and an honorable pride in restoring the renown of the bench and the bar of this State. I remember with what solemn earnestness he said to me several years ago that we could never reform the judiciary of this district until we had first crushed the corrupt power which stood behind it. I do not see that justice will be more likely to fail that the trial is to be conducted in the light of open day, with the eager scrutiny of the bar of the State and country, and under the eyes of a watchful, apprehensive, and somewhat distrusting people. While what has been done towards purifying the judiciary is just cause of congratulation, you will appreciate the difficulties through which it has been obtained if you reflect that everything else in the way of reform has failed. It is known to you that when I consented to go to the Assembly it was with a view to the judicial reform and to certain other measures more particularly interesting to the people of this city, and that in that work I expected the co-operation in the Legislature of Mr. O'Conor and Mr. Evarts. This arrangement was defeated by subsequent events. I thought that it was necessary to concentrate myself upon a very few measures in order to accomplish anything. The general demoralization growing out of the Civil War and paper money had produced widespread effects. The corrupt power which had just been overthrown in this city had its origin in a partnership of plunder between men nominally of different politics, but, in fact, of no politics at all, and had established extensive affiliations throughout the State in both parties and in both branches of the dominant party which now possessed three-quarters of the Legislature. It had been necessary to the system that the capitol should be surrounded by an atmosphere of corruption. The ambition of some had been tempted; the interests of more had been addressed by making legislative business profitable, and the golden showers had sprinkled benefits in every direction. Some, even, who would not take an actual part in the saturnalia were content to be silent spectators or consenting witnesses. I never for a moment supposed that the knife and the cautery would be agreeable remedies, or that the silent partners of prosperous criminals would fall in love with those whose duty it is to detect and punish. I knew, therefore, that obstructions, under every pretext, were to be met at every step and to be overcome. Let us thankfully accept what has been accomplished; and let us here to-night renew our faith that if the bar of this city and State will be united and persistent, every judicial reform in respect to men and in respect to systems will be at last successfully achieved."

TILDEN TO EUGENE CASSERLY

"My dear Sir,—I did intend sooner to acknowledge your letter and make answer generally to it, tho I have foreseen that it is a case in which, as Gov. Seymour says, 'letters answer themselves,' and I should only pay my respects to you.

"The Cincinnati movement has been so early and long encouraged by you and by me and by many who thought with us, that it grew to have an impetus and volume which were important and not easily turned aside from the channel it made for itself. Our people, in being educated to favor it, had become accustomed to count on it, and at last became dependent upon it. I never saw how its acts were capable of readjustment, or how the question now before us would be other than the simple issue between Grant and Greeley. On this I concur with the instinctive sense of our people that a change is necessary in the Federal administration. It is rarely, if ever, possible for a party in office to reform itself by the internal force of its best elements. We must have a better state of things in national, State, and municipal government, and a higher standard in the public mind by which official men will be tried and to which they will refer in their silent meditations and in their actions, if we would preserve anything of value in our political system. But I am getting beyond the limits of my time.

A. G. THURMAN TO TILDEN

"My dear Tilden,—There is a rumor here that O'Conor is willing to accept the nomination of Blanton Duncan's Louisville convention. If you have any influence with him I pray you to exert it to prevent his doing so. It is as hard for me to support Greeley as it is for any man I know. But, being compelled to choose between him and Grant, I am satisfied that we ought to support him—not for his own sake, but because it is the only mode left to us to break the radical organization. I have a very high opinion of O'Conor, and would be much distressed should he give the use of his great name to the Louisville movement, which is wholly in the interest of Grant.

HORATIO SEYMOUR TO TILDEN

"My dear Sir,—I enclose a draft for $5233.34 to pay my note and interest. Please to send it to me by mail. I am very much obliged to you for the accommodation. How does the canvass go? I am not able to work myself into any heat about it. I grow old very fast. Then, too, it is hard to go out to speak for Greeley. His abuse has been so gross. As facts stand, I think it was wise to put him up, and I can see my way clear to vote for him, as he can be made of use in driving negroes out of office; but it is hard to speak for him. But for you and Kernan I would not move this fall. As it is, I will do what I can.

WHY KERNAN WAS NOMINATED FOR GOVERNOR
(INTERVIEW WITH "HERALD" REPORTER, NOV. 3, 1872)

"Reporter.—Understanding that you had some agency in the nomination of Francis Kernan as the Democratic and Liberal Republican candidate for Governor, I have called to make some inquiries about it. Will Mr. Kernan be elected?

"Mr. Tilden (smiling).—You remember the old adage which says, 'You can't tell who is Governor till after the election'? But at the risk of violating that, I will give you an opinion. I feel very certain that Francis Kernan will be the next Governor of the State of New York.

"Mr. Tilden.—I am perfectly willing to state my motives, so far as I had any agency in the nomination. Mr. Kernan will be 'the right man in the right place.' It is scarcely possible to find a man to whom the public interests can be so safely trusted. He is in the meridian of life and the maturity of his powers. He has acknowledged abilities. He has led a distinguished career as a lawyer. He possesses large knowledge and experience of public affairs, while he scarcely ever held office. He has inspired universal confidence in his most absolute integrity, and enjoys the esteem and affection of the people of the central portions of the State, and of all who know him everywhere else. Every circumstance about him conspires to assure his single-minded fidelity to the duties of his great trust.

"In the first place, he has a high standard of public conduct. He is imbued with the traditions of the best days of the Democracy. Like Jefferson, he would not attempt to increase his fortune, even by legitimate methods, while in public life. Like Silas Wright and Flagg and Marcy, he would not only be pure himself, but would disdain to use impure influence—impure methods or impure men for party objects. His ideals are all lofty.

"In the second place, he is not over-ambitious. He does not aim at a permanent public life, but to serve out his term and return to the congenial pursuit of his profession.

"In the third place, he is totally free from all ambiguous associations. He stands on no 'ring.' He owes nobody anything for political favors.

"Reporter.—What were the others? The Republican newspapers say that one was that Mr. Kernan is a Catholic, and that you advised his nomination on that account.

"Mr. Tilden.—There is not the slightest truth, or resemblance to truth, in that story. But I will speak of that subject presently. The other reason is the connection Mr. Kernan had with the reform movement last year.

"City Frauds.

"The discovery of frauds by certain city officials happened just as I was about leaving the city to spend a week in the country. On the eve of my departure I had an opportunity of cross-examining a gentleman who had the confidence of the financial men and taxpayers of this city, and who called on me with a letter from a distinguished philanthropist. I became satisfied that the revelations were substantially true. My week's reflections in the country resulted in a determination to attempt to carry out that system of measures in which I have been ever since engaged; but some co-operation was indispensable.

"Kernan and O'Conor.

"The first man I sought was Francis Kernan. After much telegraphing I found him attending court in Albany. I went there to meet him. It was on the fourth day of August, 1871. He was about to leave for the seashore to attend a sick relative. I gave him the documents. I submitted to him my views as to what ought to be done, and arranged for a further conference on his return. On that occasion he gave me assurances of his full and cordial co-operation, which I ever afterwards received. He was to me the one necessary man for a contest in the State convention. His courage, his independence, his tact and eloquence in debate, his popularity and weight of character were all needed.

"I next sought Charles O'Conor. I desired his co-operation in a different department. His great renown as a lawyer, his unmatched resources in a professional controversy, his lofty independence, and his high sense of public duty made him invaluable in many things which were necessary in order to achieve an overthrow of the corrupt dynasty which then ruled our great metropolis and to purify the administration of justice.

"Now it so happened that both of these gentlemen are Americans, born within this State; that they are both sons of exiles, for the sake of liberty, from Ireland; that they are both of the Catholic religion. Mr. Kernan's creed had nothing more to do with my desire for his nomination for Governor than it had with my seeking his co-operation, or Mr. O'Conor's co-operation in the reform measures. The only mode in which the question of creed came to be discussed with reference to Mr. Kernan's nomination was afterwards, when, notwithstanding his eminent fitness was conceded, it was said that the Republicans would attack him on account of his religious opinions. Every rogue in the State became greatly troubled on the subject. Every member of a corrupt ring, by interest, was opposed to him and thought that his nomination would eliminate the Protestant vote. I think they could have forgiven his religion if they could only have ceased to fear his honesty. For one, I was not disposed to concede much to such an objection. I never said anything about Mr. Kernan's religion except to defend him. I should have been as much in favor of his nomination if he had been of a different creed. Mr. Kernan is totally free from bigotry. His liberal views on every subject of sectarian controversy are on record in his speeches and in his conduct. In exercising the powers of an official trust his just and equitable character would be an impassible barrier against partiality towards any class to which he should himself belong. Are you ready to adopt the principle that no man, however superior in merits and qualifications, who is a Catholic, shall be eligible to high public office in this great commonwealth of freemen and equals? Such a

"Proscription

is not only unjust, but it is unwise and self-destructive, with reference to the interests you wish to protect. If your apprehensions were anything but imaginary, you direct them in the wrong quarter. Ambitious politicians seek to win those classes with whom they have no natural relations. It was not Southern men, like Washington and Jefferson and Jackson, who conceded most to slavery; it was Northern men, like Pierce and Buchanan. A Protestant American demagogue—and particularly if he had once been a Know-nothing—would do things to catch votes or win popularity among a class which a Kernan, an O'Conor, or a John Kelly would reject with disdain.

"City Reformers.

"New York is a cosmopolitan city. According to the census of 1865, rather more than three-fifths of the voters were naturalized. In the other two-fifths are included the sons of naturalized citizens. How reform in municipal administration or good government in the city is to be worked out by a moral proscription of the foreign voters or of the religious belief of the most numerous class of them, it is not easy to see. Every such effort is calculated to band them together in a compact mass. Large numbers of them joined in the reform movement of 1871. If among their classes, or among Americans descended from them, spring up citizens foremost in all the community for talents and virtues and devotion to our American ideas of government and society, I would not challenge the honorable pride they awaken in those of common origin. I share that pride in such men as Kernan and O'Conor. I would not weaken any power of leadership which the natural sentiments of humanity may give them in these numerous classes. I would rather see it stronger than it is in men like these, who would never seek to create any class influence, and would never abuse any influence, but rather exercise every power as a trust for the public good. I had occasion, after the election last year, in frequent addresses on municipal reform, to lament the apathy of many of our citizens whose reproach it is that while by pecuniary independence and leisure and all the legitimate elements of a just and honorable public influence they selfishly abdicate their power of leadership in the affairs of our great metropolis. Wherever a man appears in the commonwealth who is without venality or the inferior forms of ambition, but from an elevated sense of his duty as a citizen of the commonwealth, he ought to be encouraged and his natural elements of influence respected and cherished.

"It is too late in the day to revive the spirit of the native American or Know-nothing parties. The only purely American stock which remains on this continent is the whole population of the Southern States, who are now under the carpet-bag governments, upheld by the banded masses of rogues and the influence of the Federal governments and affiliated with the Republican party. In the North we are one-third emigrants of the last twenty-five years or their children. The great migration of the last quarter of a century is the most remarkable in the world's history. It has exercised a controlling power over every important event of our national progress. In that period about seven millions of people have come to our Northern States. I had occasion some years ago to analyze the character of that immigration. I found that it contained just about twice as many male persons between the ages of 15 and 40 as our resident population in 1860. In other words, it contained the population of the virile age equal to that of fourteen millions of our average people. It is that influx which has created our great cities, which has built our railroads and furnished them business, and which has produced the immense growth of our Northern States in population, wealth, and prosperity. It is that influx which overturned the equality of influence between the North and South in the Federal government, and stimulated both sides to the measure that led to the Civil War. It is that influx which would have given the North predominance if the war had not happened, and which gave it the victory in the conflict of arms, abolished slavery, and will at last fill the South with communities like our own.

"This is the state of things. Who could alter it if he would? Who dare say that, on the whole, he would alter it if he could?

"We must, then, avoid all those civil and social revolutions, work out as best we may the problem of self-government formed on equal and universal suffrage. We can only do so on the large, liberal statesmanship on which we began, and never by going back toward the dark night of proscription and bigotry."

TILDEN TO MRS. CASSIDY

"Dear Mrs. Cassidy,—I regret that any delay should take place in sending you a statement of the results of the investment made by me for your benefit. But the computations were somewhat long, and needed either help or instructions from me to enable Mr. Smith to complete them, which, until now, I was not able to give.

"I had hoped before this time to see you and be able to say that, if there is anything in your affairs in which I can offer you suggestion or counsel for the benefit of yourself and your little ones, I shall be glad to be of service to you.

"About the time—indeed, a little before I recd. the $10,000 remittance—when Mr. Cassidy had told me it would be sent I invested some $15,000 for you. I sold enough the other day to pay the balance due me for allowances.

"The investment has gained some $1700, besides interest compounded and quarterly. The stock would have sold for 5 per cent. more last year, which would have been $750 additional.

"But investments generally show about that difference; and if you continue to want such an investment for income, it can now be made advantageously.

"The Cleveland and Pittsburg stock is about 3½ per cent. lower, and yields the same income.

"Well-selected gold-interest 7-p.-c. bonds, if bought at 85 or a little under, will give a larger income. They should be selected with caution. Now, three courses are open:

"2. The stock can be transferred to your name if you do not wish to change the investment. In that event, it had better be put in your name; for the motive to keep the account open has ceased.

"The stock is perfectly safe as can be—gives quarterly dividends, and is free from all income tax, and I think from all personal taxes in this State. The dividends have the security of the great earnings—$1,750,000 now above the cent, and the guaranty of the Penn. R. R. Co., with its $65,000,000 of capital, paying ten per cent., and worth 120.

"But, no doubt, some bond could be found that might pay a little more. If Mr. Cassidy had lived I intended to change to something which would give more income, though I think I was rather more cautious in doing it than he inclined to be. For, after all—especially with a lady—certain security is the first consideration. We are doubtless now, as we have been for several years past, on a gradually receding scale of values, in which the attempt at large profits involves more risk than it did at an earlier period.

"I write hastily, but thus fully that you may know the whole situation. Consult with your advisers, and let me know your wishes.