Chapter 80

THE STATE CARRIED BY FRAUD

1868

Horatio Seymour's nomination for President worried his Republican opponents in New York. It was admitted that he would adorn the great office, and that if elected he could act with more authority and independence than Chief Justice Chase, since the latter must have been regarded by Congress as a renegade and distrusted by Democrats as a radical. It was agreed, also, that the purity of Seymour's life, his character for honesty in financial matters, and the high social position which he held, made him an especially dangerous adversary in a State that usually dominated a national election. On the other hand, his opponents recalled that whenever a candidate for governor he had not only run behind his ticket, but had suffered defeat three out of five times. It was suggested, too, that although his whole public life had been identified with the politics of the Commonwealth, his name, unlike that of Daniel D. Tompkins, DeWitt Clinton, or Silas Wright, was associated with no important measure of State policy. To this criticism Seymour's supporters justly replied that as governor, in 1853, he had boldly championed the great loan of ten and one-half millions for the Erie Canal enlargement.

As usual national issues controlled the campaign in New York. Although both parties denounced corruption in the repair of the Erie Canal, the people seemed more concerned in a return of good times and in a better understanding between the North and South. The financial depression of the year before had not disappeared, and an issue of greenbacks in payment of the 5-20 bonds, it was argued, would overcome the policy of contraction which had enhanced the face value of debts and decreased the price of property. Pendleton's tour through Maine emphasised this phase of the financial question, and while Democrats talked of "The same currency for ploughboy and bondholder," Republicans insisted upon "The best currency for both ploughboy and bondholder."

The campaign in Maine, however, satisfied Republicans that the Southern question, forced into greater prominence by recent acts of violence, had become a more important issue than the financial problem. In Saint Mary's parish, Louisiana, a Republican sheriff and judge were shot, editors and printers run out of the county, and their newspaper offices destroyed. But no arrests followed. In Arkansas a Republican deputy sheriff was tied to a negro and both killed with one shot. In South Carolina a colored State senator, standing on the platform of a street car, suffered the death penalty, his executioners publicly boasting of their act. In Georgia negro members of the Legislature were expelled. Indeed, from every Southern State came reports of violence and murder. These stories were accentuated by the Camilla riot in Georgia, which occurred on September 19. With banners and music three hundred Republicans, mostly negroes, were marching to Camilla to hold a mass meeting. Two-thirds of them carried arms. Before reaching the town the sheriff endeavoured to persuade them to lay aside their guns and revolvers, and upon their refusal a riot ensued, in which eight or nine negroes were killed and twenty or thirty wounded. As usual their assailants escaped arrest and injury. General Meade, commander of the department, reported that "the authors of this outrage were civil officers who, under the guise of enforcing the law and suppressing disorder, had permitted a wanton sacrifice of life and blood."[1193]

[Footnote 1193: Report of the Secretary of War, 1868, p. 81.]

The mere recital of these incidents aroused Northern feeling. It was the old story--murder without arrests or investigation. The knowledge, too, that it was in part the work of the Ku-Klux-Klan, a secret organisation pledged to disfranchise the negro by intimidation, intensified the bitterness. It is probably true that many reported atrocities were merely campaign stories. It is likely, too, that horse thieves and illicit distillers screened their misdeeds behind the Ku-Klux. It is well understood, also, that ambitious carpet-bag agitators, proving bad instructors for negroes just emerging from slavery, added largely to the list of casualties, making crime appear general throughout the South. But whether violence was universal or sporadic Republicans believed it a dangerous experiment to commit the government to the hands of "rebels and copperheads," and in their contest to avoid such an alleged calamity they emphasised Southern outrages and resurrected Seymour's speech to the draft rioters in July, 1863. To give the latter fresh interest Nast published a cartoon entitled "Matched,"[1194] which represented Grant demanding the unconditional surrender of Vicksburg, while Seymour, addressing a mob of foreigners wet with the blood of their victims, called them "my friends." Nast presented another cartoon which disturbed the Democracy. It represented John T. Hoffman standing before a screen behind which a gang of thieves was busily rifling the city treasury. The face of Hoffman only was depicted, but the picture's serious note of warning passed for more than a bit of campaign pleasantry. Frank P. Blair, the Democratic candidate for Vice-President, also furnished a text for bitter invective because of his declaration that "there is but one way to restore the government and the Constitution and that is for the President-elect to declare the Reconstruction Acts null and void, compel the army to undo its usurpations at the South, disperse the carpet-bag State governments, allow the white people to reorganise their own governments and elect senators and representatives."[1195] Republicans charged that this represented the Democratic policy. On the other hand, the closing sentence of Grant's brief letter of acceptance, "Let us have peace," became the shibboleth of his followers, who claimed that the courteous and deferential spirit shown at Appomattox would characterise his administration. Indeed, the issue finally resolved itself to "Blair and Revolution" or "Grant and Peace," and after a contest of unusual bitterness Republicans carried the October States, although with greatly reduced majorities. Pennsylvania gave only 10,000, Ohio 17,000, and Indiana less than 1,000.

[Footnote 1194: Albert B. Paine, _Life of Thomas Nast_, p. 130.]

[Footnote 1195: McPherson, _History of Reconstruction_, p. 381.]

Though these elections presaged a Republican victory in November, Democrats, still hopeful of success, renewed their efforts with great energy. Blair went to the rear and Seymour took the stump. With studied moderation Seymour had written his letter of acceptance to catch the wavering Republican voter. He made it appear that the South was saved from anarchy by the military, and that the North, to the sincere regret of many Republicans and their ablest journals, was no longer controlled by the sober judgment of the dominant party's safest leaders. "There is hardly an able man who helped to build up the Republican organisation," he said, "who has not within the past three years warned it against its excesses." These men he pictured as forced to give up their sentiments or to abandon their party, arguing that the latter's policy must be more violent in future unless checked by a division of political power. "Such a division," he said, adroitly seeking to establish confidence in himself, "tends to assure the peace and good order of society. The election of a Democratic Executive and a majority of Democratic members to the House of Representatives would not give to that party organisation the power to make sudden or violent changes, but it would serve to check those extreme measures which have been deplored by the best men of both political organisations."[1196]

[Footnote 1196: Horatio Seymour, _Public Record_, p. 345.]

Preaching this gospel of peace Seymour passed through Western New York, Pennsylvania, Ohio, Indiana, and Illinois, attempting to overcome the prestige of Grant's great fame, and to stem the tide of Northern prejudice against Southern outrages. Meanwhile Roscoe Conkling, having returned from a pleasure trip to Denver, entered the campaign with earnestness against his brother-in-law. He desired especially to carry Oneida County, to which he devoted his energies in the closing days of the contest, making a schoolhouse canvass that lifted the issue above local pride in its distinguished citizen who headed the Democratic ticket. In going the rounds he met "Black Paddy," a swarthy Irishman and local celebrity, who announced that he had "turned Democrat."

"How so?" asked the Senator.

"Shure, sir," replied the quick-witted Celt, "O'im payin' ye a compliment in votin' for your brother-in-law."[1197]

[Footnote 1197: A.R. Conkling, _Life of Roscoe Conkling_, p. 313.]

Near the close of the campaign, in accordance with the habit of many years, William H. Seward returned to Auburn to speak to his neighbors and townsmen. No one then realised that this was to be his last political meeting, or that before another presidential election occurred he would have entered upon his long sleep on Fort Hill. But the hall was as full as if it had been so advertised. He was neither an old man, being sixty-seven, nor materially changed in appearance. Perhaps his face was a trifle thinner, his hair lighter, and his jaw more prominent, but his mental equipment survived as in the olden days when the splendid diction hit the tone and temper of the anti-slavery hosts. His speech, however, showed neither the spirit that nerved him in the earlier time, nor the resources that formerly sustained him in vigorous and persuasive argument. He spoke rather in a vein of extenuation and reminiscence, as one whose work, judged by its beginnings, had perhaps ended unsatisfactorily as well as illogically, and for which there was no sufficient reason.[1198]

[Footnote 1198: _Seward's Works_, Vol. 5, pp. 550-556.]

This speech had the effect of widening the breach between him and his old associates, who bitterly resented his apparent indifference in the great contest, while men of a younger generation, looking at him with wonder and interest, found it hard to realise that he had been one of the most conspicuous and energetic figures in political life. How complete was the loss of his political influence is naïvely illustrated by Andrew D. White. "Mr. Cornell and I were arranging a programme for the approaching annual commencement when I suggested Mr. Seward for the main address. Mr. Cornell had been one of Mr. Seward's lifelong supporters, but he received this proposal coldly, pondered it for a few moments silently, and then said dryly: 'Perhaps you are right, but if you call him you will show to our students the deadest man that ain't buried in the State of New York.'"[1199]

[Footnote 1199: _Autobiography_, Vol. 1, p. 151.]

Samuel J. Tilden voiced the supreme ante-election confidence of the Democrats. "Speaking from an experience of more than thirty years in political observation and political action," he said, "I do not hesitate to say that in no presidential conflict since the days of Andrew Jackson have omens of victory to any party or any cause been so clear, so numerous, and so inspiring as those which now cheer the party of the national Democracy to battle in the cause of American liberty."[1200] The victory of 1867, in the opinion of leading Democrats, had removed the Empire State from the doubtful list, but while proclaiming their confidence of success many of them knew that a confidential circular, issued from the rooms of the Democratic State Committee and bearing the signature of Samuel J. Tilden, instructed certain persons in each of the up-State counties to telegraph William M. Tweed, "the minute the polls close and at his expense," the probable Republican majority.[1201] Its purpose was plain. The conspirators desired to know how many fraudulent votes would be needed to overcome the Republican superiority, and their method, then novel and ingenious, avoided all chance of failure to carry the State. Tilden denied knowledge of this circular. He also disclaimed its evil purpose, but preferred to remain silent rather than denounce the forgers.[1202]

[Footnote 1200: John Bigelow, _Life of Samuel J. Tilden_, Vol. 1, p. 217.]

[Footnote 1201: New York _Tribune_, November 14, 1868.]

[Footnote 1202: New York _Evening Post_, November 4, 1868; _Harper's Weekly_, September 30, 1876.]

Forewarned by the returns of 1867 Griswold's supporters, fearing fraud in the metropolis, invoked the aid of the United States Court to prevent the use of forged naturalisation papers, which resulted in the indictment of several men and the publication of fraudulent registry lists. Against such action John T. Hoffman, as mayor, violently protested. "We are on the eve of an important election," said his proclamation. "Intense excitement pervades the whole community. Unscrupulous, designing, and dangerous men, political partisans, are resorting to extraordinary means to increase it. Gross and unfounded charges of fraud are made by them against those high in authority. Threats are made against naturalised citizens, and a federal grand jury has been induced to find, in great haste and secrecy, bills of indictment for the purpose, openly avowed, of intimidating them in the discharge of their public duties.... Let no citizen, however, be deterred by any threats or fears, but let him assert his rights boldly and resolutely, and he will find his perfect protection under the laws and the lawfully constituted authorities of the State. By virtue of authority invested in me I hereby offer a reward of $100 to be paid on the arrest and conviction of any person charged ... with intimidating, obstructing or defrauding any voter in the exercise of his right as an elector."[1203] Thus did the Tweed Ring strike back.

[Footnote 1203: New York _Times_, November 2, 1868.]

The result of the election in the country at large deeply disappointed the Democrats. Grant obtained 214 electoral votes in twenty-six States, while Seymour secured 80 in eight States. In New York, however, the conspirators did their word well. Although the Republicans won a majority in both branches of the Legislature and elected eighteen of the thirty-one congressmen, Seymour carried the State by 10,000 and Hoffman by 27,946.

After the election the Union League Club charged that in New York City false naturalisation and fraudulent voting had been practised upon a gigantic scale. It appeared from its report that one man sold seven thousand fraudulent naturalisation certificates; that thousands of fictitious names, with false residences attached, were enrolled, and that gangs of repeaters marched from poll to poll, voting many times in succession. The _Tribune_ showed that in twenty election districts the vote cast for Hoffman largely exceeded the registry lists, already heavily padded with fictitious names, and that by comparison with other years the aggregate State vote clearly revealed the work of the conspirators.[1204] Instead of being the choice of the people, it said, "Hoffman was 'elected' by the most infamous system of fraud."[1205] Andrew D. White wrote that "the gigantic frauds perpetrated in the sinks and dens of the great city have overborne the truthful vote and voice of the Empire State. The country knows this, and the Democratic party, flushed with a victory which fraud has won, hardly cares to deny it."[1206] A few months later Conkling spoke of it as a well known fact that John T. Hoffman was counted in. "The election was a barbarous burlesque," he continued. "Many thousand forged naturalisation papers were issued; some of them were white and some were coffee-coloured. The same witnesses purported to attest hundreds and thousands of naturalisation affidavits, and the stupendous fraud of the whole thing was and is an open secret.... Repeating, ballot-box stuffing, ruffianism, and false counting decided everything. Tweed made the election officers, and the election officers were corrupt. Thirty thousand votes were falsely added to the Democratic majority in New York and Brooklyn alone. Taxes and elections were the mere spoil and booty of a corrupt junta in Tammany. Usurpation and fraud inaugurated a carnival of corrupt disorder; and obscene birds without number swooped down to the harvest and gorged themselves on every side in plunder and spoliation."[1207]

[Footnote 1204: New York _Tribune_, November 6, 1868.]

[Footnote 1205: _Ibid._, November 7.]

[Footnote 1206: _Ibid._, November 23.]

[Footnote 1207: From speech of Conkling delivered in the U.S. Senate, April 24, 1879.--Thomas V. Cooper, _American Politics_, Book 3, p. 180.]

When Congress convened a committee, appointed to investigate naturalisation frauds in the city of New York, reported that prior to 1868 the Common Pleas and Superior Courts, controlling matters of naturalisation, annually averaged, from 1856 to 1867, 9,000 new voters, but that after the Supreme Court began making citizens on October 6, 1868, the number rapidly increased to 41,112. Several revelations added interest to this statement. Judge Daly served in the Common Pleas, while McCunn, Barnard, Cardozo, and others whom Tweed controlled, sat in the Supreme and Superior Courts. Daly required from three to five minutes to examine an applicant, but McCunn boasted that he could do it in thirty seconds, with the result that the Supreme Court naturalised from 1,800 to 2,100 per day, whereas the Common Pleas during the entire year acted upon only 3,140. On the other hand, the Supreme and Superior Courts turned out 37,967. "One day last week one of our 'upright judges,'" said the _Nation_, "invited a friend to sit by him while he played a little joke. Then he left off calling from the list before him and proceeded to call purely imaginary names invented by himself on the spur of the moment: John Smith, James Snooks, Thomas Noakes, and the like. For every name a man instantly answered and took a certificate. Finally, seeing a person scratching his head, the judge called out, 'George Scratchem!' 'Here,' responded a voice. 'Take that man outside to scratch,' said his honour to an usher, and resumed the more regular manufacture of voters."[1208]

[Footnote 1208: The _Nation_, October 29, 1868.]

To show that a conspiracy existed to commit fraud, the committee submitted valuable evidence contributed by the clerks of these courts. Instead of printing the usual number of blank certificates based on the annual average of 9,000, they ordered, between September 16 and October 23, more than seven times as many, or 69,000, of which 39,000 went to the Supreme Court. As this court had just gone into the naturalisation business the order seemed suspiciously large. At the time of the investigation 27,068 of these certificates were unaccounted for, and the court refused an examination of its records. However, by showing that the vote cast in 1868, estimated upon the average rate of the increase of voters, should have been 131,000 instead of 156,000, the committee practically accounted for them. The _Nation_ unwittingly strengthened this measured extent of the fraud, declaring on the day the courts finished their work, that of "the 35,000 voters naturalised in this city alone, 10,000 are perhaps rightly admitted, 10,000 have passed through the machine without having been here five years, and the other 15,000 have never been near the courtroom."[1209] A table also published by the committee showed the ratio of votes to the population at each of the five preceding presidential elections to have been 1 to 8, while in 1868 it was 1 to 4.65. "The only fair conclusion from these facts would be," said the _Nation_, "that enormous frauds were perpetrated."[1210]

[Footnote 1209: The _Nation_, October 29, 1868.]

[Footnote 1210: _Ibid._, March 4, 1869.]

On the other hand, the Democratic minority of the committee, after examining Hoffman and Tweed, who disclaimed any knowledge of the transactions and affected to disbelieve the truth of the charges, pronounced the facts cited "stale slanders," and most of the witnesses "notorious swindlers, liars, and thieves," declaring that the fraudulent vote did not exceed 2,000, divided equally between the two parties. Moreover, it pronounced the investigation a shameful effort to convict the Democracy of crimes that were really the result of the long-continued misgovernment of the Republicans. If that party controlled the city, declared one critic, it would become as adept in "repeating" as it was in "gerrymandering" the State, whose Legislature could not be carried by the Democrats when their popular majority exceeded 48,000 as in 1867. This sarcastic thrust emphasised the notorious gerrymander which, in spite of the Tammany frauds, gave the Republicans a legislative majority of twenty-four on joint-ballot.