Part 30

"An account, therefore, of the Tammany frauds and their occasion, of the struggle of Tammany to maintain itself after the discovery, and of the means by which it was overthrown, and, finally, an expression of opinion as to the proper means of preventing such evils in the future, seems to me to be required.

"I know of no one except yourself who is capable of doing this properly. You alone know the private history of the affair, and have the means of estimating the actors at their proper value. I venture, therefore, to ask you to do it. If, as I believe, this story is to become historical, I am anxious that historians should be rightly informed as to the facts.

"In case there is any chance of your undertaking the task, I shall hope to hear from you shortly.

"I am, y'r obt. Servt., "HENRY ADAMS."

FRANCIS LYNDE STETSON TO TILDEN

"120 BROADWAY, N. Y., _Nov. 22d, 1871_.

"MY DEAR SIR,--Having attended at your office a number of times for the purpose of delivering the enclosed lists, and not being able to find the time when your many and diverse engagements permit you to be at your office, I have concluded (as perhaps would have been best at first) to send to you, instead of personally delivering, the lists which you requested.

"The manuscript roll, which I enclose herewith, presents, in classes corresponding to the Assembly districts from which they are drawn, the names of young men of Democratic principles and good character, who, so far as I can learn, are willing and prepared to participate in the duties of active political life. Almost all the names submitted are those of young lawyers, though I have not hesitated to include the names of gentlemen pursuing other avocations when I have learned of their personal qualifications for the task contemplated.

"Almost, though not all, of the names are taken from the roll of the Young Men's Democratic Reform Club, of which I send you a printed copy.

"In the collection and classification of these names I have taken from my professional duties more time and attention than would seem to me justifiable, were it not that I have been acting at the request of one who has himself spared neither time nor attention in the public service, and the purity of whose motives I have from childhood been taught to respect.

"Trusting that my labors may not be entirely irresponsive to your request, I remain,

"Very truly yours, "FRANCIS LYNDE STETSON."

WILLIAM CASSIDY TO TILDEN

"THE ARGUS, ALBANY, _Nov. 24, 1871_.

"DEAR TILDEN,--I find the Washington St. suite of rooms most cheerful and accessible. The bedroom and bathroom are separated by the parlor, which is an objection, and the noise of the street may be objectionable. The suite at the south end--the new building--is free from these objections, and will prove, on the whole, most satisfactory.

"But it appears from the following that some one else is to be consulted. What profound dissimulation you have exhibited! If true, it is your greatest reform government. Give my love to Emily Josephine. My wife sends congratulations, and will give a bridal party when you both come up.

"Yours, "WILLIAM CASSIDY."

This letter was accompanied by the following clipping from the _Sunday Albany Press_:

"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."

J. W. EDMONDS TO TILDEN

"NEW YORK, _Dec. 12, 1871_.

"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.

"What I received was $10,000.

"Yours, &c., "J. W. EDMONDS."

T. F. BAYARD TO S. J. TILDEN

"UNITED STATES SENATE CHAMBER, WASHINGTON, _Dec. 21, 1871_.

"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.

"Very truly and respectfully yours, "T. F. BAYARD."

TILDEN TO HON. HAMILTON FISH

"NEW YORK, _Dec. 29, 1871_.

"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,

"Very truly yours, "S. J. TILDEN."

CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, _Dec. 22, 1871_.

"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.

"Y'rs, "CH. O'CONOR."

H. F. TAINTOR[58] TO TILDEN

"N. Y., _24th Feby., 1872_.

"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.

"As the matter now stands it amounts to nothing.

"Respectfully, &c., "H. F. TAINTOR."

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 subpoena 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.:

"James M. Sweeny, Peter B. Sweeny, Hugh Smith, A. Oakey Hall, J. H. Ingersoll, N. Y. Printing Co., A. J. Smith, Conrad Boller, J. McB. Davidson, J. W. Smith, Joel A. Fithian, Wm. M. Tweed, James Watson, R. B. Connolly, C. E. Wilbour, Cornelius Corson, A. D. Barber & Co., J. A. Smith, Geo. S. Miller, A. G. Miller, Mrs. R. B. Connolly.

"I will submit your answer, and take the further order of the Grand Jury.

"Yours, &c., "LUCIUS S. COMSTOCK, "_Foreman Grand Jury, Court of General Sessions._"

CHARLES O'CONOR TO TILDEN

"_Feb. 3, 1872._

"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.

"I am, Dear Sir, "Yours truly, "CH. O'CONOR."

TILDEN TO CHARLES O'CONOR

"_Jan. 28, 1872._

"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.

"That, they say, they are willing still to carry out.

"The friend will be in town to-morrow.

"Now, what say you about this?

"I might perhaps go to the town where he lives next Saturday.

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

"Y'rs, "S. J. TILDEN."

"_Charles O'Conor, Esq._"

* * * * *

"_Jan. 28, 1872._

"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.

"Yours truly, "CH. O'CONOR."

"_Mr. Tilden._"

A. OAKEY HALL TO TILDEN

"13 WEST 42D ST., SUNDAY, A.M. (_1872_).

"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.'

"This does not require reply, nor is one expected.

"With great respect and regard,

"Your obt. sert., "A. OAKEY HALL."[59]

"_Hon. S. J. Tilden._"

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.

"The _Herald_ report is as follows:

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

"'_A._ I employed several others.'

"'_Q._ Who were they?'

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

"'_Q._ When did you retain Samuel J. Tilden?'

"'_A._ In the year 1869.'

"'_Q._ Did you retain him before this order was granted?'

"'_A._ Yes, sir.'

"'_Q._ How much did you pay Mr. Tilden?'

"'_A._ Ten thousand dollars.'

"'_Q._ Did Mr. Tilden ever do anything for that ten thousand dollars?'

"'_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.'

"The _Times_ report varies a little:

"'Q. Did he ever act as your counsel?'

"'A. Never to my knowledge, nor did he ever return the retaining fee.'

"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.