Part 31

"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.

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

"NEW YORK, _March 16th, 1872_."

G. W. CASS TO S. J. TILDEN

"NEW YORK, _March 18, 1872_.

"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.

"Truly yours, "G. W. CASS."

TILDEN TO LOGAN RAILEY[60]

"NEW YORK, _March 28th, 1872_.

"MY DEAR SIR,--I rec'd your letter, but find it difficult to get a moment in which to answer it.

"I cannot at present leave my duties to go to Kentucky.

"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.

"2. I want each horse to be of natural good temper and disposition.

"3. I want each to be free from all tricks, and perfectly sound.

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

"5. I want them to move and act together as one horse.

"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.

Yours, "S. J. TILDEN."

TILDEN TO MAHLON SANDS

"NEW YORK, _May 29, 1872_.

"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.

"I therefore decline the proposed use of my name.

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

CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, _June 1, 1872_.

"DEAR SIR--I am sorry you did not extend your ride as far as this.

"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.

"Yours, "CH. O'CONOR."

RICHARD B. CONNOLLY TO TILDEN

"_June 1st, 1872._

"HON. S. J. 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.

"As ever, "Yrs. faithfully, "RICHARD B. CONNOLLY."

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

"_Confidential._

NEW YORK, _June 6th, 1872_.

"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.

"Copy.

"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

"OWEGO, N. Y., _June 13th, 1872_.

"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.

"Must such a man be the Democratic candidate for the Presidency?

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

"Very truly, &c., "JOHN J. TAYLOR."

TILDEN'S ADDRESS TO THE BAR ASSOCIATION

"(_Circa 1872._)

"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

"NEW YORK, _July 3rd, 1872_.

"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.

"In haste.

"Truly your friend, "S. J. TILDEN."

A. G. THURMAN TO TILDEN

"_Private._

"UNITED STATES SENATE CHAMBER, WASHINGTON, _Aug. 20, 1872_.