Part 37

"The shaping and passing of the bill is of the very highest moment.

"It should be carefully scrutinized and drawn before its introduction, and watched with the greatest assiduity and fidelity.

"You are fighting the whole 'Prussian army'--officers, rank, and file.

"You must succeed. You must be backed; there should be now no such thing as failure.

"I dare not think of the consequences that would follow a failure. You are grappling with subtlety, ingenuity, adepts, experts, dangerous, and most unscrupulous men whose life has been spent in plundering the people, and who are most expert in controlling and handling men.

"See to it that the Secretary of State don't flood the State with ring census tokens. This will be a heavy blow to you and the cause if he does. I make these suggestions, fearing you might, in the excitement and pressure of the business of yr. office, overlook these matters, and perhaps might trust too much to yr. friends. Church is with the Ring in all their deviltry.

"Upon the proper start--the proper authority of the Legislature--hangs great events. If I can do anything, command.

"Hastily and as ever, "Truly Yours, "HENRY L. FISH."

JOHN KELLY TO TILDEN

"_Personal._

"NEW YORK, _March 30th, 1875_.

"MY DEAR GOVR.,--I telegraphed you yesterday requesting that you would take no steps to fill the vacancy of the 7th district until you hear from me. You may consider this presumptive, and if you do I shall not complain, or take exception thereto.

"I shall never forget the promptness with which you responded to my appeal in behalf of Mr. McLaughlin, and I am afraid that my anxiety in his behalf has subjected you to humorous criticism from your enemies and an anti-partisan press. I am, however, consoled by the fact that you would have been more than pleased with the man. His abilities are eminently superior to any person who fills these places at present. As an evidence of his talent I refer you to his description of yourself, ex-Governor, and myself at an interview which took place at your house last January. I did not even know that he intended to write anything, and was not aware of it until I saw it in Marlborough paper, M., etc. Now you will ask yourself what can be the motive. I will answer by telling you none at all, except this that I am a lover of talent; but I assure you that this gift would hardly influence me unless it was coupled with inflexible integrity. He has both characteristics. Having said this much relative to the man, I shall now speak of my impression as to what has occurred in relation to McLaughlin's intended appointment and what ought to be done to place him and yourself right before an observing and critical public.

"You appointed him, and when you did so there was no vacancy. Your motive was of the best kind. You relied entirely for your own justification on that which I represented to you. Would it not be well to appoint him again? This will enable him to appear well before the public, and at the same time vindicate yourself and show the people well-established consistency in what you originally intended for the public good. If you think well of this idea--

"Then let me suggest to you another. Mc will not accept the place, and for the reason that he could not do so. The County Clerk is an invalid, and is now in Florida seeking health. His deputy has been recently appointed to the position of 'Dept. Commissioner of Public Works.' McLaughlin has been promoted to G.'s vacancy, and could not in honor _except_ [_sic_] any position while his superior is abroad sick. The place of civil justice would be pecuniarily a godsend; his moral obligations would prevent him from _excepting_ [_sic_] the place. Though, as I said before, it is due to him that the place should be offered him in justification of you both. This would soften the asperities of the envious and silence the press, which is prone to contemptuous ridicule. When he shall have resigned the position.

"Having said this much in favor of McLaughlin, I shall now give you my opinion as to who should receive the appointment. After mature consideration I have convinced myself that it is due to Alfred T. Ackert, of your own district. He is honest, and possesses talent enough to make him a competent judge. The objection that would be offered that he is not a resident of the district ought not to have any consideration with you, and for the reason that if the bill passes the Legislature to elect the civil justices on a general ticket, as I think it will, the local politicians will not have anything to say except in a general way; and if they did object it would be but temporary.

"I hope you will consider Ackert in relation to that appointment. He has worked hard for three years in our organization, and his duties have been exceedingly laborious, and yet he has never complained, but willingly performed them with alacrity.

"I have just received Mr. Pelton's letter, in which he refers to the receipt of my despatch relative to Col. Vilner. This must be a mistake. I did not send a despatch in behalf of the above-named gentleman, and if he received one it is a forgery. I sent one in the Stemmler's case, and no other one. There is no doubt of this gentleman's demise now. Perhaps you have not been aware of it. He died on last Sunday evening.

"Your message on the canals has raised you very high in the estimation of the men of all parties. _The wonder is now that none previous to you had the courage to meet the men who instigated these frauds and to show them to public condemnation. Your predecessors were as well informed of their existence as you; but for some reason of their own, not very difficult to fathom, neglected their duty._ These exposures will have a salutary effect, and will be the means of correcting abuses which should have long since been eradicated.

"Pursue the good work you have commenced, no matter where the rod will fall, either on friend or foe. It is about time that politicians should understand that they cannot pursue their nefarious frauds under the supposition that no harm can fall upon them on account of their political adhesion to party.

"You should take some steps on the papers before you in the case of Smith. You may depend that unless you do there will be a general attack made on you by the papers of the city. It is already being whispered that your recent message was concocted to divert attention from matters connected with this city. Smith has not been idle in circulating the story that you are his friend and will not remove him, notwithstanding the onslaught which you helped to prepare against him at the beginning of the year. You have already had these papers too long without taking action. I beg of you to act immediately in this case. If you are not fully convinced in the fire commissioner's case, you can wait until you have had further time, and yet I am fully satisfied that you have had time enough to determine the course you ought to pursue.

"Yours very truly, "JOHN KELLY."

"_His Excellency S. J. Tilden_, "_Albany, N. Y._"

RESOLUTIONS IN RESPECT TO THE CANALS OF NEW YORK

"NEW YORK CHAMBER OF COMMERCE.

"At a meeting of the Chamber of Commerce, held Thursday, April 1st, 1875, Hon. William E. Dodge, president, in the chair, the following resolutions offered by Hon. George Opdyke were unanimously adopted:

"Resolved, That Governor Tilden, true to his honorable record against the fraudulent Ring officials of this city, has now placed the citizens of our whole State under lasting obligations by his bold and masterly exposure of the enormous frauds connected with the administration of the New York canals.

"Resolved, That this Chamber, as the oldest commercial organization of the State and the one expressly authorized by charter to speak in the name of the entire commercial interests, feels specially called upon to express its gratitude to the Governor for his fearless and vigorous effort to arrest the frauds, so discreditable to the character of our State and so injurious to its commercial interests.

"His effort deserves the commendation and hearty support of every citizen of the State.

"Resolved, That this special message of the Governor on 'canal frauds' is in perfect harmony with the views he expressed in his annual message. In that document he manifested broad and accurate knowledge in relation to the present condition of the canals, clearly pointed out their defects, and suggested the remedies that he deemed essential to their increased efficiency and productiveness; and also to the integrity and economy of their administration. Among the remedies he suggests are a proper disposition of the unproductive lateral canals, the securing a uniform depth of seven feet in the waterway of the Erie Canal, and modifications in the present plan of administering them.

"Resolved, That, in the judgment of the Chamber, it is absolutely essential to the efficient management of these canals that this department of the State government should be under the control of a single executive head, appointed by the Governor and Senate, and removable at the pleasure of the Governor, with power to appoint and remove his subordinates, and who alone should be held responsible for the proper management of the canals. All experience goes to prove that this is the only safe method of securing efficiency, fidelity, and economy in the administration of public affairs.

"Resolved, That this Chamber will watch with deep interest the progress of this praiseworthy effort of the Governor to secure perfect integrity in the Canal Department, and will aid that effort by all proper means within its power.

"Resolved, That a copy of these resolutions, duly authenticated by the officers of the Chamber, be forwarded to his Excellency, Governor Tilden."

G. HILTON SCRIBNER[66] TO TILDEN

"GREEN COVE SPRINGS, FLORIDA, _April 2, 1875_.

"TO HIS EXCELLENCY, SAMUEL J. TILDEN.

"MY DEAR SIR,--By the scanty and irregular news we receive from New York at this distant point I learn with a degree of satisfaction which I cannot fully express that you are making a determined effort to correct the abuses in the canal management of our State.

"Speaking with the earnestness inspired by my experience as a member of the Canal Board, I trust that you and your friends in this undertaking will not be dissuaded from the views you have taken and the course you have marked out by any political or personal influence whatever.

"I do not fear that _you_ will. Let no 'hue and cry' about 'corporations and monopolies,' or the importance of general laws under the constitutional amendments, divert attention from this subject. Everything now before the Legislature or demanding your attention should, in my judgment, be subordinated to this matter if by so doing these irregularities in canal management may be eradicated, root and branch. I have studied your analysis of the subject, and I believe you are on the right track.

"Which political party shall suffer most, or who shall go up or who down, are matters of minor importance if only right and justice be done. Pardon the frankness and emphasis with which I address you, but while I could never quite grasp the evidence, I often felt, as a member of the Canal Board, and now feel morally certain, that the field you have entered is fruitful in long-standing and frightful abuses. Accept my best wishes for your success, and trusting you may receive, as you certainly deserve, the sympathy and co-operation of all good men in this great undertaking,

"I remain as ever, "Most truly yours, "G. H. SCRIBNER."

On a visiting-card:

"_Personal._

"MY DEAR GOVR.,--You are at liberty to use the accompanying note in any way you may deem proper for the good of the cause."

WHEELER H. PECKHAM TO TILDEN

"NEW YORK, 18 WALL ST., _Apl. 6, 1875_.

"HON. SAML. J. TILDEN.

"DEAR SIR,--I have your telegram. Mr. O'Conor was to have been here this morning. I gave him the complt. in the suit vs. Sweeny and Smith last Friday. He sent word on Saturday that the presence of Ingersoll was a condition precedent to his going on--_i. e._, that he needed to see him before making application for an attachment, etc.

"So you see that it is impossible to attach until Ingersoll arrives. This morning, instead of coming in, as he had yesterday written me he would, he sent me word that he was suddenly called elsewhere and that he would be in to-morrow morning.

"The Tweed papers were all ready, but I had not intended to issue them until to-morrow--_i. e._, after again seeing Mr. O'Conor; but on receipt of your telegram I concluded to commence that action, and so issued processes, order of arrest, bail $3,000,000, and attachment $6,000,000.

"Will have _lis pendens_ filed forthwith here and in Westchester.

"We find some property left in Tweed--not much; a large lot in his son Dick; we find much in Sweeny and Smith. They do not seem to have transferred. The Watson compl. and sums. will be served in a day or two--to-morrow, if Mr. O'Conor agrees to the draft I have.

"Yours truly, "WHEELER H. PECKHAM."

CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, FRIDAY, _April 6th, 1875_.

"DEAR SIR,--Going on steadily with the _proved_ narrative. It will soon be in a perfect condition. The revelations are most satisfactorily exact. The 'long train of abuses' will have an astounding look.

"You are up to your eyes in a confusing multitude of affairs, and may not have as clear a vision as I fancy I have concerning affairs here.

"There can be no doubt that, as usual in such alterations, there is a class who counted on coming into the succession and enjoying Tweed's privileges. In his day the so-called Democratic wire-pullers and the so-called Republican wire-pullers understood each other and divided the spoils.

"This was a still existing policy at the last city election. Wales, the Republican candidate for Mayor, was nominated in the interest of the regular Democratic nominee, and ran to secure the defeat of Ottendorfer, who is an independent man, probably a very honest man and, for aught I know or suspect, would have as truly supported integrity and justice in government as anybody else. Accordingly, Wales, as appeared by the papers, was a champion of Bill Costigan.

"The hungry are fierce, and hardly know what to do with themselves or where to turn. They don't get a chance to turn Green out, and you keep the Corporation Counsel on his good behavior.

"It seems to me you must stick just as you are. I have not too much confidence in the most recently elected Democratic judges. I am sure that if the Mayor gets the making of a corporation counsel that office will become as bad as it ever was. Now the incumbent stands in dread, and behaves un-obstructively. I write to advise that you beware how you alter this condition of things.

"You have gone so deeply into the hunt after scoundrelism that I do not see how you could repent, even if you wished to, and I presume you do not.

"One thing more. Special bills, etc., are being prepared and passed, too, in aid of jobs. If such things are to be helped or permitted to run through without opposition it surely will be idle to waste breath in pursuing Tweed.

"The public will sustain you in vetoing _all_ these things. See the marked part of my opinion on constitutional amendments.

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

JOHN KELLY TO TILDEN

"_Confidential._

"NEW YORK, _April 9th, 1875_.

"MY DEAR SIR,--The bill which was introduced yesterday by Miller, of Orange, has caused a great deal of bad feeling here among our people. Green's connection with it is unquestionable. It is strange that any one claiming to be a Democrat could act so unwisely. Such acts as these would destroy the best party organization in the country. I am astonished that our members could act so inconsistently. There is no apparent head in the Assembly, and in its present disorganized state its inconsiderate acts will tend to weaken us in the State and be the means of getting up an outside organization to co-operate with the Republicans next fall. Already this is being bruited about now. I had expected that matters would proceed smoothly here in the future, and there would have been no difficulty if discreet judgment had been used when this fiasco shall have subsided. I would advise that advances be made to the well-intending members so that there may be entire unison of action. Above all, there must not be any disintegration among ourselves, except so far as they relate to corrupt men, against whom we should set our faces.

"Your act in pardoning Ingersoll was severely commented on at first. When your purpose was explained the reaction was instantaneous; all now, or nearly all, commend you for it. The traitor is at all times despised, but treason is thought well of, and particularly so when the people have obtained a substantial benefit, which will be, no doubt, the result in the Ring cases through the testimony of Ingersoll.

"Your steady and persistent course in these Ring frauds will immortalize yourself, O'Conor, and those who have acted with you in the good work you have and are performing in the interest of the people. May God spare you and your assistants until you will have finished your tasks. Most of men would have become disheartened at the many repulses you have met.

"Now, my dear Governor, you must have a man in the corporation counsel's office who will act for the interest of the public. You cannot depend on the present incumbent in that office. If he were to act in good faith with you there still would be eavesdroppers about the concern who would carry the news outside; there must be an entire regeneration in that office to make it effective. Your time is now to follow up the present excitement incident to the release of Ingersoll. You will recollect how anxiously I pressed this matter on you when in Albany last week. Let me repeat to you again that you would be entirely safe in the hands of Whitney. He is an honest, high-toned gentleman, and will co-operate with you and do credit to himself. Don't let this matter pass over Saturday.

"I trust that you are enjoying good health, and that your strength will hold out to enable you to add new laurels to your achievements.

"Yours truly, "JOHN KELLY."

"_To Samuel J. Tilden, Governor of the State of N. Y._"

CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, SATURDAY NIGHT, _April 10, 1875_.

"DEAR GOVERNOR,--Mr. McLean has just been here, and from him I gather that you are anxious for speed, and especially _in re_ Sweeney.

"The more haste the less speed is often a true phrase. Everything necessary and within the limits of our power was done at once to prevent Tweed's escape on a discharge likely to be awarded by his friends of the _Refugium Pec._ Other proceedings, it seemed to me, should be cautiously and deliberately initiated. I could not help seeing the judiciary's headway against us, and that the Scovil remedies bill, wounded and paralyzed in its birth, limps sadly. So in whatever I do I feel the necessity of caution.

"I have requested Peckham and his allies to pick up the outside biographical facts concerning Sweeney and his tribe. How and when they went off, where they are, etc., etc. Whilst this is progressing I stay home and _pump_.

"The man is very intelligent; taught by his sufferings, he is perfectly biddable and bent upon giving entire satisfaction. But men of his grade are bad at delivery, and need a midwife who has much industry and inexhaustible patience. He is in low health, constantly taking medicine, and it was not until Friday afternoon late that I got possession of him. The information comes forth very slowly, but I think in the most precise form. I got everything in the most painfully minute details; but it will not be painful reading. On the contrary, I think it will be as amusing as instructive. I throw it all into narrative form. It will read like a novel; and although it is bad policy in general to show one's hand, I am under the impression that when I get through with him it would be a good operation to publish his narrative.

"Sweeney is cunning in the extreme, and no doubt had the concealment of his tracks in view from the beginning. But it will surprise me if he can escape. I shall try to put things in such a shape that we can drop suddenly upon whatever may be here. I am told that he designed coming back to give his skilled talent to the task of defence. Between him and D. D. F. and the _Refugium Pec._ it might seem that a hopeful fight could be maintained for a little while. But there can be only one end.

"I think we will want an agent in Paris. I know one, Henry Harrisse, a lawyer there, who formerly perched in this city. Though a Frenchman by birth, he is perfectly conversant with our language, our people, and our affairs. I feel sure that he is honest and trustworthy. Had I not best write to him at once? The Sweeney tribe will probably have to be pursued to Europe. Tom Fields is there, and probably other subjects of discipline are or will be. Had I not best write to Harrisse at once and retain him?

"You must be patient, no time is being wasted.

"Yours truly, "CHARLES O'CONOR."

WHEELER H. PECKHAM TO GOVERNOR TILDEN

"_April 12th, 1875._

"MY DEAR SIR,--_I had lis pendens_ filed on all the property Tweed has owned since 1867. Some little is still in his name. Most of it is transferred. I have complete lists of the property of the Sweeneys and Hugh Smith, and _lis pendens_ ready to file the moment Mr. O'Conor gets the suits ready to begin.

"I saw him yesterday and forwarded to you his letter, which you received this morning, I suppose. I cannot hurry him. He is making the case as thorough and complete as possible. Ingersoll turns out to be all we expected, and is perfectly ready to do what he can.

"I don't think anything can be lost by the few days' delay, as a transfer just now would be so clearly for purposes of fraud as to make it of [not?] the least benefit.

"I saw an article in the _World_ to-day, copied from a Syracuse paper, to the effect that the Court of Appeals had come to a conclusion in the Tweed case and in his favor and on the points raised by Comstock. I don't believe it at all, but if so, it is most scandalous, as Comstock was allowed to raise his points in reply, and we had no opportunity to answer. There is nothing in his point as _habeas corpus_ serving, and almost as clearly none as writ of error.

"If the court ever decided for Tweed it ought to be d--d eternally.

"It seems to me almost impossible for it to do so honestly.

"Yours truly, "WHEELER H. PECKHAM."

W. C. BRYANT TO TILDEN

"NEW YORK, _April 16, 1875_.

"DEAR GOVERNOR,--Julia has asked me to send you a copy of the contract between myself and Mr. Henderson in regard to the rent which is to be paid by the _Evening Post_ in the new building. This is no contract, properly speaking, but only a letter from me to Henderson, in which our understanding respecting that matter is briefly stated. In the letter I simply say that I turn over the building to him, advise him to go on with it on his own account, making it convenient for the publication of a daily newspaper, and expressing my desire that a lease for twelve years of the necessary rooms shall be made to the _Evening Post_, 'the rent to be fixed by two competent and disinterested persons.' This is all, and a copy of the letter would show nothing more.

"Yours faithfully, "W. C. BRYANT."

CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, _Apl. 28, 1875_.