Part 15

"GENTLEMEN,--If your note means that your clients withdraw from the proposition to allow us 1000 tons of rails, besides the 2470 bars, you already know what my answer must be. Every negotiation has contemplated the yielding of that amt. for the purpose of finishing the road to Oskosh. Your clients must think I am disposed to trifle or be trifled with if they suppose the way to agree is to recede from all that is most essential in their own proposition and in the basis of every negotiation.

"I am not quite pleased with myself (if it is my fault) that I have spent so much time so fruitlessly.

"All that remains--if your clients adopt and persist in that purpose--is to decide what you will do in respect to the application for the remission of the forfeiture of the iron at Milwaukee; whether, thro' your counsel there, you will aid or embarrass it. That application cannot be much longer delayed. We shall make it, and do our duty fairly, knowing at the same time that you have a greater interest than we in our success. If you choose to act adversely or not to neutralize your counsel, or not to aid, you must bear in mind that every opportunity has been given you to do what is reasonable and wise. I should like some understanding on that subject soon.

"Very respectfully, "S. J. TILDEN."

"_Messrs. Knox & Morgan_, "_43 Wall, Dec. 18th, '57._"

TILDEN TO HON. GEO. WEIR

"NEW YORK, _Mar. 2d, 1858_.

"MY DEAR SIR,--A bill has been sent to some member of the city delegation by Mr. Green (who is absent for a few days), the nature and objects of which I wish to explain to you.

"Vessels were formerly repaired by careening them, afterwards by drawing alongside or suspending to them stages; afterwards by drawing them out on ways. The railway, acting by hydraulic force, was the next mode by which repairs were effected. Some 16 to 20 years ago floating docks were invented and brought into use. They have gradually superseded all other modes; and vessels have increased in their size, until there are now no other means of coppering or repairing them than these floating docks.

"Of their utility and indispensable necessity there is no question. The commerce of this port could not get on without them.

"They have, since their first invention, been located in the waters of the East River, adjacent to the 7th Ward. The propriety and legality of their use of the basins (with the consent of the parties entitled to receive wharfage) has never been disputed until last year, when some parties proceeded against them on the ground that they are unlawful obstructions of the public waters.

"Judge Roosevelt made a decision which, if well founded, goes the length of holding that this commercial use cannot be lawfully carried on or enjoyed in any of the slips, or at any wharf or pier of the city, and in the opinion which he pronounced on that occasion he recommended an application to the Legislature to supply the technical defect of the law.

"This is the object of the bill. It legalizes the use, with the consent of the pier and wharf owners, and subject to the power of the Common Council to regulate and fix the location.

"The bill is right in all respects. I take great interest in its passage, in behalf of the company I represent, the stockholders of which are owners or consignees of two-thirds of all the shipping which comes to this port, as well as on account of the general commercial interest. I will regard your aid as a personal favor.

"Truly Yours, "S. J. TILDEN."

"_Hon. Geo. Weir, Albany._"

MARTIN VAN BUREN TO S. J. TILDEN

"PROVIDENCE, _June 16th, 1858_.

"MY DEAR SIR,--I waited for you till nine o'clock and then retired to secure a good night's rest, a matter of no small importance to a man of my age. I have no recollection of putting the charge for the box and cartage on my note, and think the chances are two to one that I omitted it; I therefore send it now. When I am gone I trust you will, as my confidential representative, be more punctual in the performance of your engagements.

"Very truly yours, "M. VAN BUREN."

"_Mr. Tilden._"

MARTIN VAN BUREN TO TILDEN

"LINDENWALD, _June 29, '58_.

"MY DEAR SIR,--Mr. Brooks had arrived when I reached home, and I beg you to accept my best thanks for your attention to the matter, to me one of decided importance. As one good turn deserves another, especially when it is a particularly good one, I beg the farther favor of you to stop at Stamford & Storr's and buy me a set of _Scott's Family Bible_ for family use. They will cost from $10 to 15 for the 8 volumes. If you can get them cheaper and better anywhere else that is convenient you will, of course, do so. I have hitherto troubled Mr. Butler[25] with these matters, and there has not been one which would have given him more pleasure, but he is out of town and his mantle falls on your shoulders. I dare not trust John, as he would ruin me by the price, particularly as it is to be a present.

"Present me very kindly to your mother and sister if they are yet with you, and believe me,

"Ever truly yours, "M. VAN BUREN."

"Send by express, and let the bookseller send me the bill."

TILDEN TO MR. CASSIDY

"NEW YORK, _Jan. 6th, 1859_.

"MY DEAR CASSIDY,--I was so occupied at the time I reced. your letter that I did not get a chance to answer it before the election, and since that time I have been in an ice-pack of engagements which accumulated around me in a ten-days' career as a politician.

"I sympathize entirely with your feelings in respect to our friend Church. I do not know whether your suggestions applied only to the contingency of my election as counsel to the corporation. Even if they did, I should be happy to see him, and, if there is anything within my power remaining--to serve him. I have just returned from Phil. and write without your letter before me."

M. VAN BUREN TO TILDEN

"LINDENWALD, _Jany. 19th, '59_.

"MY DEAR SIR,--Accept my thanks for the _Cicero_, which I have read, after _cutting the leaves_ and placed with your books. Will return it prepaid. Now, upon the time-honored principle that one good turn deserves a great many, I go on. I have $10,600 dollars of Erie bonds, second mortgage, and I presume they will be paid on the 1st of March. I wish to seek a place for a new investment; have the goodness to let me know whether there is any doubt of it.

"In haste, "Truly yours, "M. VAN BUREN."

M. VAN BUREN TO TILDEN

"FISHKILL LANDING, _October 14, '59_.

"MY DEAR MR. TILDEN,--I am here on a visit to Judge Kent; intend to remain till Monday, then go to Mr. Kemble's, remain there till Wednesday or Thursday, and then go home. I left John at Lindenwald, suffering from a slight attack of the liver, which I thought required attention, and with considerable difficulty extracted a promise from him to remain till Monday of next week, and avail himself of Mr. Pruyn's advice; as an inducement, I promised him to ask you to come up and spend a day or two with us the latter end of next week. Can't you come? Take the whole the week after Thursday, or, if necessary, Wednesday to Friday. Perhaps Saturday would be the least inconvenient to you, and to come down with John on the Monday following. I am particularly desirous to see you, as I wish to have some conversation with you on a subject in which my feelings are deeply enlisted. Drop me a line here, if you can, and if not, at Coldspring, informing me of what you can do. The sooner the better, as I would like to inform John so as to assure his inducement to remain.

"As ever, "Truly Yours, "M. VAN BUREN."

TILDEN TO M. VAN BUREN

THE MAYORALTY ELECTION OF 1859

"NEW YORK, _Dec. 25, '59_.

"MY DEAR SIR,--I wish you a 'merry Christmas!' It is the first opportunity I have had to acknowledge your kind letter of condolence. I take it up first of a bundle of letters which have waited for me to get out of the ice-pack of engagements which collected around me in ten-days' career in politics. I am just ill enough to be justified in declining all dinners, and am having a quiet time to-day.

"If your curiosity to know the 'whys and wherefores' of our defeat is not displaced by some later topic, I will drop you a hint or two towards a theory.

"A modern invention practised in Tammany Hall is for the genl. Committee to dispense with primary elections. It was introduced by Wood and has continued since he was driven out. The effect of two or three years' practice under the system has been to break off relations between that body and the masses in the wards. It was no longer necessary for the one committeeman and his four dummies, who represented a ward in the committee, to keep up a vital party in his ward. The ward committees fell into disuse, and in some cases what remained of them were in hostile hands. Meanwhile the outsiders felt that they had no chance, and antagonisms were multiplied in all the captains of tens and fifties--the new men, the active elements of fresh ambition. The chiefs of the general committee became totally bankrupt, were split into two parties--about equal--had been occupied for months in a scuffle for the assets, the real value of which they did not see till the last moment. In a party twice as large as any it had to contend with, and therefore tending to division--with its central organization in this condition, and its ward all run out--Wood hung up his sign over the outsiders. He made local organizations among them; worked at it assiduously for two years. When I stepped inside the ring and took a view I thought that in some wards, each having once and half as many people as your county contains, we should scarcely have machinery enough to run our ticket with--the 11th, for instance. We had less than two weeks to get up our organization, beginning anew--in a bad state of local nominations, many of the candidates running on both tickets and being really against us. Wood had gained the lower stratum of the Irish, combined many special interests, and at last had the aid of the jobbing Republicans, two of whom voted for him to every one of the other class for Havemeyer. Then the _Tribune_, in _bad_ faith, and the _Post_ in good faith, succeeded in making the impression that the way to beat Wood was to vote for Opdyke; and not only kept the moderate Republicans to him, but drew many quiet citizens who preferred Havemeyer, but were most anxious to beat Wood.

"In truth, the leaders of the Republican party and Wood were in perfect concert, as they are partners in the gigantic schemes of plunder, which will presently appear.

"Mr. Havemeyer polled a prodigious vote of the business classes and of the silent people, but not enough to supply the defects of the organization which, in my judgment, did not by its own strength give him 15,000 votes.

"Enough of this. I should not have gone over the ground except for the curiosity you expressed--that what appeared to be an immense public opinion was ineffectual. It is a public opinion with a party, and not without, that sweeps the stakes.

"For myself, while I am quite aware how different is the _prestige_ of success from defeat, and how great was the part which might have been attempted in reconstructing the administration of the government of the city, I cannot but feel more comfortable as I am. The proper duties of the office are one thing. A joint tenancy in the administration of a city like this (if you really attempt to do anything); a reconstruction of its government, which must be made from the very foundation, in order even to palliate existing evils, is a different matter. Overworn as I am with some heavy engagements, from which I cannot retire, yet uncompleted--and some heavy cares unrelieved--I could not help seeing the burden more than anything else. This may have been morbid. A little more strength and health might have dispelled it. But it enables me to accept the result with a sense that a great trouble is off my mind, and leaves no personal regret to mingle with the disgust I feel at Wood's election, and the disappointment and injury to our friends. At present, I am content to live from hand to mouth, and take no thought for the morrow.

"Notwithstanding your invitation to discuss the matter, I feel some excuse necessary for a letter that has grown so long and so personal.

"With my best wishes for your continued health and comfort and progress in the work which enlivens your retirement, and my kind remembrances to Mrs. and Miss Van Buren,

"I am, very truly, your friend, "_S. J. Tilden._"

"P.S.--I had almost forgot to mention that the prospect now is that you will get your end paid in full. I should take the money."

* * * * *

The two succeeding communications to N. H. Swayne, afterwards one of the judges of the Supreme Court of the United States, are interesting from their giving a sketch of the preliminary but comprehensive preparations for the rescue and reorganization of the Pittsburg, Fort Wayne & Chicago Railroad during the early days of the Civil War, and transforming it from a bankrupt corporation into one of the most prosperous highways on this continent. It is doing injustice to no one to say that it was mainly through Mr. Tilden's devotion, sagacity, professional ability, and foresight that this transformation was so successfully accomplished.

TILDEN TO W. H. SWAYNE

"FEB. _10, 1860_.

"MY DEAR SIR,--It being designed, if possible, to provide for a reorganization of the Pittsburg, F. W. and Chicago R. R. Co. during the present year, such legislation as is necessary should be obtained at the present sessions of the Legislatures of Penn. and Ohio. That would be expedient even if we were to wait for legislation in Indiana and Illinois until next winter. But I do not think it is necessary so to wait. I suppose that a corporation created by one of the States in which the road is situate, if endowed by the law of its creation with the capacity to exercise its functions in the other States, may hold and operate the road in those States if the sovereigns there will allow it to do so. I suppose that express permission is not necessary. It may do so on the principle of comity, unless prohibited by the legislation or declared public policy of those States. It may still be prudent to get the assent of those States declared legislatively. The act which governs the constitution of the corporation may be obtained in Penn. That will avoid any question as to the operation of the clause of your constitution imposing a personal liability upon stockholders. In Indiana there is a general law adequate to enable us to reorganize a corporation of that State. Its Legislature, like that of Illinois, does not meet till next year. There is nothing in the statutes or decisions of Illinois to prevent a corporation of Penn. or Indiana from holding and operating a railroad in Illinois. I presume there is not in Ohio, but that I have not investigated, as it is wiser to have an act of recognition. In Penn. the statutes of _mortmain_ exist by judicial adoption, and no foreign corporation can hold real estate there without express permission.

"We propose, then, immediately to get what we can, viz., a parent act from Penn. and an act of recognition from Ohio.

"The act for Penn. was finally agreed upon between Mr. Campbell and me yesterday, and was taken by Mr. Ogden to Mr. Cass to be passed. I will send you a copy as soon as I get one.

"I have drawn and send herewith what I deem to be a suggestion towards the bill proper to be passed by your Legislature.

"There may be a disposition to add some provision bringing the corporation under the jurisdiction of Ohio. You must be careful that nothing of this kind is done in such general terms as to bring the stockholders under the operation of your Constitution or laws as to personal liability.

"I would like to have you revise this bill and put it in motion. We must rely on you and Judge Thompson to have it passed. It would be prudent to urge it forward as fast as possible.

"I enclose some passages cut from my points in a recent case, which touch on the questions I have alluded to.

"It is very desirable that Mr. Stansbery's bill, converted into a general form, or some other bill applicable to all railroad corporations in your State needing reconstruction, should pass. I trust you and Thurman will aid in effecting such a result. There are plenty more of cases needing your doctoring. I regret that I must write in so much haste. I have to leave here in half an hour, having just returned from Phil.

"Mr. Ogden is to-day in Pittsburg with authority to have a settlement effected if it can be.

"Do me the favor to let me have your views as soon as possible.

Truly, "S. J. TILDEN."

S. J. TILDEN TO M. VAN BUREN--UNFINISHED

"NEW YORK, _Feb. 21st, 1860_.

"MY DEAR SIR,--My mind has often turned to your letter, which I am some six weeks in arrears in answering. But I have in that time been three times called to Philadelphia, and once to Lebanon by the extreme illness of my mother and sister; and, altogether, have had my hands full. I am much obliged by the kind expressions of your letter, as well as the friendly interest you have taken in me.

"In respect to the subject which you incidentally mentioned in your letter, I do not think that my private business affords the elements of a desirable combination between John V. B. and myself.[26] It furnishes few occasions which would give scope to his powers, less, perhaps, than ought to be availed of even by me; but it and other cares occupy me too much to leave any room for the ambition of collecting the materials, or constructing a business of a different character. I content myself each day with what my hands find to do. I have not been very fortunate in deputizing such business as I have generally had. It may be because the things which come to me are usually complex and difficult, or because I am exacting as to the mode in which my clients are served."

It is to be regretted that Mr. Tilden's letter to ex-President Van Buren, assigning his reasons for declining to enter into a partnership with his son John, is incomplete. A more impracticable union for business purposes than such a partnership would have yielded can hardly be conceived. It is probable that the original of this letter to Mr. Tilden may be found among the collected papers of Mr. Van Buren, which have recently been presented to the Library of Congress, unless it was destroyed immediately upon its receipt, which is not unlikely.

TILDEN TO JOHN CLANCY

"N. Y., _May 19, '60_, EVENING."

"MY DEAR SIR,--Your letter inviting me to act as a vice-president of a meeting to be held at the Cooper Inst. was recd. yesterday, but I was so busy in a trial that I had no chance to answer it earlier.

"Having elected a delegation in which we have confidence, it is contrary to my personal disposition towards them, as well as to my notions of what is most conducive to their power and usefulness in their conference with the other representatives of the Democracy of the Union, to interfere by any public meeting before they shall have completed their trust. Without questioning the judgment of those who think differently, I must decline your invitation.

"Very respectfully, "Your friend, S. J. TILDEN."

_"Hon. John Clancy._

S. J. TILDEN TO THE EDITORS OF THE "EVENING POST"

"2 UNION PLACE. TUESDAY EVENG. "_Oct. 9th, 1860_.

_"To the Editors of the 'Evening Post':_

"GENTLEMEN,--You politely offer to publish in your columns a speech of mine which you seem to think was not adequately developed at the Cooper Institute last evening, and you add that my friends among your readers 'would be glad to know how' I 'have reasoned' myself into the associations in which I stand on the Presidential question.

"If I had a speech already written I would at once avail myself of the opportunity of submitting my views on public affairs to a mass of readers, among which are many cultivated intellects and some friends of my earlier years who, I respectfully say I think, are widely and dangerously wrong in their present political action. I have but the intervals of exhausting daily engagements in which to prepare a speech; but if after this explanation your offer shall continue open, I will endeavor within the next few days to write out in a condensed form what I think ought to be said, not to my friends only, but to all our citizens touching the present state of the country. If, indeed, it can be justly said that I have helped to lead the _Evening Post_ into any 'heresies,' I acknowledge the sacred duty of showing it a 'decent way out' of them.

"With much consideration, I remain,

"S. J. TILDEN."

"Though we invited Mr. Tilden to give us the speech which he proposed to address to his spectators--they would not permit him to call them his audience--at the Cooper Institute, we are quite willing to extend the courtesy to anything he may choose to offer us in which he thinks the public has an interest. The readers of the _Evening Post_ know much better than the crowd he tried to address at the Cooper Institute that Mr. Tilden never writes or speaks without having something to say worth hearing, though they have not lately been unfortunate enough to agree with him on Federal politics."

The foregoing letter, with the editorial comment which follows it, appeared in the _Evening Post_ October 10, 1860.

The occasion which provoked it was the following account, which appeared a day or two previous in the _Evening Post_, of a meeting at the Cooper Union of malcontents, having little in common to unite them but their hostility to the party which had nominated Abraham Lincoln for President. They were mostly the unaccounted-for _débris_ of the old Whig party, who tried to disguise themselves by taking the name of "Merchants of New York." Mr. Tilden was invited to speak, but this motley audience did not care to listen long to so prominent a political partisan of Jackson and Van Buren, who had also been the most formidable critic of all Whig measures during all their successive administrations:

"THE TREMENDOUS DEMONSTRATION