Part 9

"'... And now to revert to the main question--the organization of the new Territories, and the allowance or disallowance of slavery therein--I have been confidently hoping for an _early and peaceful adjustment of the whole vexation_. The bills of which Mr. Douglass, in Senate, gave notice on reaching this city--to provide for the organization of California as a State and New Mexico as a Territory--were _signs of promise_. Upon the basis here suggested, it _seemed to me practicable to settle the whole difficulty without farther excitement or peril_. I thought we should ultimately agree to permit _New Mexico_, as well as California, to take the requisite steps for organizing as a State, and _bring them both into the Union in the course of the next two years_, leaving them _free_ to frame _their own institutions_. This done, the North would be morally certain that slavery would not be tolerated in either State, and the South would _save the point of honor by the almost certain defeat_ (in Senate) _of the Wilmot proviso_, which, to an established and admitted State, is confessedly inapplicable. And thus would _close the grave of agitation_ with regard to slave territory.'

"And the letter then proceeds to say that 'the bright sky has been overcast' by the modification by which it is proposed to annex the portion of New Mexico east of the Rio Grande to Texas, which is _stated as the only objection to the bill_.

"The first remarkable thing in this letter is the spirit in which it speaks of the question of extending slavery to the Territories now free. If the only thing to be done was to get rid of a troublesome question, Mr. Greeley's mind would seem to be directed exactly to the object. If the writer were one of the conservatives of the Syracuse convention of 1847, who laid the Wilmot proviso on the table, or one of the Whig Dough Faces of the Philadelphia convention, who 'kicked it out' of that body, the terms in which the measure is spoken of would be very characteristic. To adjust 'the whole _vexation_'--'to settle the whole difficulty _without farther excitement or peril_'--'to _close the grave_ of the _agitation_,' was precisely what _they_ desired to do. But if there is something more to be done than to evade this great question in order to save party arrangements from embarrassment--if it is of any importance to make freedom in the Territories _certain_ instead of leaving it to chance--if the opinion, which has been so frequently and earnestly maintained by Mr. Greeley, as well as all who profess to be friends of freedom, that for this purpose an express enactment by Congress ought to be made, be not an utter imposture and fraud, then we submit that the spirit manifested in this letter is not that in which this great question should be treated.

"The second remarkable thing in the letter--and by far the most remarkable--is the _mode_ in which it purposes to adjust 'the whole vexation.' A Territory extensive enough to make thirteen States as large as New York has been acquired; it is wholly unoccupied, except by a small population in a few localities. The question is, shall slavery be allowed to be established in it during its territorial condition? Neither party to the controversy regards as of practical moment the territorial condition, except as it will influence and practically control the conditions, in this respect, of the States which are to be formed out of the Territory. And it is gravely proposed at once to declare this Territory, which is in no proper situation to be formed into States, and which nobody would think of forming into a State now except for the purpose of getting rid of the necessity of acting on this subject, to be a State. And this is called by Mr. Greeley '_settling_,' instead of _dodging_, the question!

"Gen. Cass proposed, in his Nicholson letter, to leave to the scattered inhabitants who are to be found in some small portions of this vast region to decide the question by a territorial legislature. Mr. Greeley, in _his_ letter, proposes to leave it to precisely the same individuals 'free to frame their own institutions' by a State legislature.

"What essential difference is there between the two plans, so far as the extension or restriction of slavery is concerned?

"Suppose that on the 3rd of March next, at the close of the session, Mr. Greeley's plan should be adopted; that on the 3rd of July a territorial legislature should be elected; and that on the 3rd of September it should meet and adjust the 'whole vexation.' Or suppose that on the 3rd of March Gen. Cass's plan should be adopted; that on the 3rd of July a State legislature should be elected; and that on the 3rd of September it should meet and decide the question.

"Would it be important whether the government were called 'State' or 'territorial,' so long as it had equal power to act on this subject, and constituents and representatives were the same, assumed their functions at the same time, in the one case as in the other? Would it affect in the slightest degree the actual extension or restriction of slavery which should be decreed by them?

"But Mr. Greeley evidently thinks that this little change of names gets him over the whole difficulty. And he touches what he obviously regards as the point of the case when he adds that 'the Wilmot proviso' is 'to an established and admitted State' confessedly inapplicable.

"Without discussing the authority of Congress to insert a restriction against slavery in the act of admission, which was done with most of the Northwestern States, it is true that _after_ a State has been established and admitted the Federal legislation has no power to apply to that State the 'Wilmot proviso'; and that by the unconditional conversion of a territory into a State Congress divests itself of that power. But it is not easy for anybody--except Mr. Greeley--to see how the reference of the question, even when confessedly within its jurisdiction to a territorial legislature, as proposed by Gen. Cass, is more objectionable in a moral point of view than the voluntary divestment of that jurisdiction for the very purpose of shirking off the question upon the same legislature called by a different name. Gen. Cass's plan has some advantages over that adopted by Mr. Greeley.

"It is less evasive and more manly, frank, and honest.

"It may afford some chance that the fate of the various parts of this immense tract of unsettled lands shall be decided by the people who shall at some future period inhabit them after they shall be organized into distinct Territories, the more densely populated portions having been admitted as States; which might be somewhat better than leaving to a few thousand persons in Santa Fé and San Francisco to fix the destinies of hundreds of thousands of square miles in which not one of these persons ever trod.

"Above all, it would not, in the miserable attempt to avoid the question of slavery in the Territories by admitting a State of boundless dimensions, incur the great and perilous mischiefs which we have pointed out in our two previous articles, to the safety and permanency of the confederacy, and incur these evils without the least necessity or any compensating benefit.

"But Mr. Greeley says that 'the North would be morally certain that slavery would not be tolerated' in the States to be formed. So said Gen. Cass in his Nicholson letter, when he proposed under a little different name to leave the question to be settled by exactly the same persons. So said Mr. Buchanan. So said Mr. Clayton. Yet nobody denounced their contrivances with more indignation than Mr. Greeley. Talk of the Cass 'juggle,' the Buchanan 'compromise,' the Clayton 'trap'--the Greeley and Douglass juggle is worse than any of them."

* * * * *

The prostration of the Democratic party--whether by the defeat of General Cass or by the conditions which procured his nomination, it is inopportune here to discuss--though a great disappointment to Mr. Tilden, was, like most disappointments, good-fortune in disguise. It gave him the opportunity and provocation to devote all his energies and talents for the succeeding quarter of a century to his profession, during which period of its service it rewarded him as the wisest of Israel's kings was rewarded for his obedience--with fame and fortune. In less time than he had spent in making himself a leader of his party in New York, he placed himself in the front rank of the American bar.

It was not until the year 1850 that Mr. Tilden leased his first office for professional purposes after his admission to the bar. It was on the third floor of what was then known as Jauncey Court, now replaced by majestic banking-houses, on the south side of Wall Street, a few doors west of William street. His landlord was Alexander Hamilton, Jr., one of the sons of President Washington's first Minister of Finance. Here is a copy of their agreement, followed by a bill of Tilden's personal taxes for the previous year:

"This is to certify that I have hired and taken from Alexander Hamilton, Jr., the office, consisting of two rooms, on the 3rd floor of the Jauncey Court Building, and marked on a plan of said building No. 1 (it being understood and agreed that if the above premises shall be rendered untenantable by fire, the rent shall cease during the interval occurring from the happening of said fire until the premises shall have been repaired), for the term of three years from the first day of May, 1850, at the yearly rent of four hundred and twenty-five dollars, payable on the usual quarter days.

"And I hereby promise, in consideration thereof, to make punctual payment of the rent in manner aforesaid, and quit and surrender the premises at the expiration of the said term, in as good state and condition as reasonable use and wear thereof will permit, damages by the elements excepted, and not to assign, let or underlet the whole or any part of the said premises, or occupy the same for any business deemed extra-hazardous on account of fire, without the written consent of the landlord, under the penalty of forfeiture and damages. And I do hereby, for the consideration of aforesaid, waive the benefit of the exemption specified in the first section of the act entitled 'An act to extend the exemption of household furniture and working tools from distress for rent and sale under execution,' passed April 11, 1842, and agree that the property thereby exempted shall be liable to distress for said rent; and also, that all property liable to distress for rent shall be so liable, whether on or off the said premises, wheresoever and whensoever the same may be found.

"Given _under my hand and seal this_ day of February, 1850, in the presence of

"SAMUEL J. TILDEN." [Seal.]

This lease was renewed on the 12th of February, 1853, for three years, to end May 1, 1856, for $550 a year, an increase of $125 a year.

The rent paid for these two rooms by Mr. Tilden does not contrast more violently with the price of equal accommodations now, than his charges for his professional service during his first year contrasts with the rewards for similar work expected by his profession a half-century later, as appears by some of his bills, which follow, at that period:

THE DAUPHIN AND SUSQUEHANNA COAL COMPANY,

To S. J. TILDEN, Dr.

1850.

Jan. 12th. To drawing bill to amend the charter of said company, and attending at various consultations and advising in reference thereto $150

CHESTNUT HILL IRON ORE COMPANY,

To S. J. TILDEN, Dr.

1850.

Oct. 18-24. Going to Lancaster, Pa., to attend sheriff's sale and attending negotiations in Philadelphia (6-1/2) $350

Dec. 12. Drawing articles of association for the company 100

" 15. Drawing conveyance from Mr. Sander to Mr. Pyne 10

Drawing trust deed from Mr. Pyne to the trustees of the company 25

Jan. 8. Examining and preparing 50

Aug. 1. Drawing conveyance for P. R. Pyne to the corporation 10

Release and conveyance of the trustees. 10 ---- $555

THE PEQUA RAIL ROAD & IMPROVEMENT CO.,

To S. J. TILDEN, Dr.

1851.

Jan. 1. Drawing articles of agreement for a union of the business of the Dauphin & Sus. Coal Co. and sundry consultations in respect thereto--proportion of Pequa Co. $125

Drawing bill for a union of the two companies and consultations in respect thereto--proportion of Pequa Co. 50 ---- $175

THE DAUPHIN & SUSQUEHANNA COAL CO.,

To S. J. TILDEN, Dr.

1851.

Jan. 1. Drawing articles of agreement for a union of the business of this company with that of the Pequa Co. and sundry consultations in reference thereto--proportion of the D. & S. C. Co. $125

Drawing bill for a union of the two companies and consultations in reference thereto--proportion of the D. & S. C. Co. 50 ---- $175

THE PENNSYLVANIA COAL CO.,

To S. J. TILDEN, Dr.

1851.

June 17. To preparing another draft of the assignment of contract to obviate objections made to executing same $15

" 28. To preparing another draft of an assignment 20

To preparing another draft of a new contract (36 folio) 25

Apr. 7. To going to Albany in respect to water grants 100

Mar. 19. To drawing power of attorney and agreement for the masters of the Wyoming Coal Association to accept stock of the Penn. C. C. 20

" 17. To consultation in reference to 10

" 18. Certain Coal contracts 10 To advising in respect to the mode of transferring the property of the W. C. A. to the Penn. Coal Co., and attending numerous consultations in respect thereto, as well as the meeting of the stockholders 100

To examining and revising conveyance of the Wyoming Coal Association to the Penn. C. C. 10

1851.

June 20. To advising in respect to power to contract the same $100

" 27. To going to Philadelphia and conferring with Judge Malloy in respect to your loan 250

July 1. To drawing resolutions and proceedings to be adopted by the board authorizing the loan of $600,000

To drawing the trust mortgage to secure its repayments--the form of the bond and other necessary papers, and advising in respect to the various proceedings until the transaction was consummated 250

Sept. 3. To attending and advising in respect to rights of company in purchase of water right at Williamsburg 10

" 5. Ditto 10

General counsel fee 250 ----- $1780

"OFFICE OF RECEIVER OF TAXES, NEW CITY HALL, PARK.

"NEW YORK, _Dec. 1849_.

"_To the Supervisors of the City and County of New York, for Taxes, 1849._

"MR. SAML. J. TILDEN.

"To tax on personal estate, 11 Fifth Avenue. "Valuation, 2000. "Rate, 118.32. "Tax, 23.66."

Mr. Tilden had already become interested in a small way in the establishment of the first balance dock ever provided for the New York harbor. His friends, O'Sullivan, Waterbury, and Secor, were also among the number interested with him. The following contract shows the nature and extent of Mr. O'Sullivan's interest. The venture did not prove very profitable to them, nor to have received much attention from Mr. Tilden.

DEPOSIT WITH MR. TILDEN TO SECURE A LOAN TO MR. O'SULLIVAN

"NEW YORK, _Nov. 22, 1850_.

"Whereas, I have this day drawn a draft at three months on C. A. Secor in favor of Messrs. Wright & Betts for about sixteen hundred and fifty dollars, and the same has been accepted by said C. A. Secor, I hereby authorize and request you to hold twenty shares given stock in the Balance Dock Company (out of the forty-two shares of which the certificate is in your hands, with my power of attorney to make transfers of the same dated March 14, 1850), as security for the payment of said draft; said twenty shares to be sold for payment of same unless satisfactory provision for its payment be made by me within one week prior to its maturity.

"_To S. J. Tilden, by_

"J. L. O'SULLIVAN."

"I hold a certificate of twenty shares of stock in the Balance Dock, with a power of attorney from J. L. O'Sullivan in regard to the same, which have been deposited with me by Messrs. O'S. and Secor, and I accept the trust so far as the said papers may enable me to carry it out.

"S. J. TILDEN."

"NEW YORK, _Nov. 22, 1850_."

TILDEN TO MRS. CHASE[18]

"NEW YORK, _Nov. 29th, 1850_.

"MY DEAR MADAM,--Your letter of Oct. 13th, and that of Mr. Chase accompanying it, came at the commencement of an illness which disabled me for some time from making the inquiries which yours requested. Since my recovery I have been diligently seeking to learn something of the line of steamers destined to touch periodically at Vera Cruz and Tampico. Mr. Geo. Law, who is the principal man in the Chagres line, and Mr. Wetmore, an associate of his in that enterprise, inform me that nothing of the kind has been connected with their line; and they agree in thinking that, although such a proposition was before Congress, it did not pass. Mr. Brooks, who represents this district in the House of Rep., and who is conversant with such matters, is of the same opinion. Mr. Croswell, of Albany, _not_ of this city, who is interested in the Chagres line, and whom I was fortunate enough to meet a few evenings since, has the same impression, but referred me to young Mr. Worth, of this city, as having something to do with a project for such a line. On inquiry of that gentleman I find that he is not aware of any action of Congress on the subject; that the project is purely commercial, and that it is so very immature that it can scarcely be deemed to have an existence. This was for a line between this city and Vera Cruz. The laws of the last session have not as yet been published, so that I could not examine them. I am thus particular, because one gentleman of whom I inquired had an impression that such a bill did pass. While there seemed to be very little definite knowledge, my conclusion is that no such line has been authorized, but I shall keep an eye to the matter, and communicate to you any information which may seem important.

"I found in a N. O. paper that the steamer _Alabama_ will make trips at intervals of about 20 days from that place to Vera Cruz. The news that reached you may have originated partly in this circumstance and partly in the pendency of a proposition, such as you mention, in Cong.

"It would give me great pleasure to aid Mr. Chase, in the way you desire, so far as I may have power, if such a line should be established; though the thing is as yet so indefinite--and I am inclined to think will remain so--that I cannot estimate my ability to serve him.

"The friends of whom you inquire--Mr. Green, Miss Green, and Miss H.--are well and pursuing happiness ardently in their customary modes: each one pursuing his favorite phantom, the poet hath it, but I will not apply to them the association that rises in my memory. There are objects in life which are not phantoms--tho' little pursued, and not by many. I am tempted to seek for myself the gracious welcome that awaits the bearer of good-tidings by telling you that Miss. H. intends to leave here on a Southern tour in the latter part of Dec., and has some thoughts, even hopes, of persuading her father to prolong the excursion to Tampico. But do not flatter yourself too much. Wind and weather are not less uncertain on the Gulf than elsewhere, and even the steady purpose and persuasive power that characterize our friend may not prevail against every mischance.

"The change in the nat. adn. was as sudden and remarkable as you regard it. The policy of the gov. was a little modified by it, but on the whole it was most striking as illustrating how quietly our political machine works, even while the hands that seem--and seem only--to guide it are shifted. I do not share, to any considerable extent, the apprehensions entertained or professed by many as to a dissolution of our federative union. I would not needlessly put its bonds to the test. But I think they would prove stronger than is generally supposed; that danger would bring upon the theatre of public affairs a higher class of men than the holiday patriots who figure there in a season of peace--men who would represent the actual sentiments of the masses of our citizens, the serious, earnest purposes, now applied to private objects, that would be turned to the preservation of the Union as an important, practical means to great public ends. The idea of American nationality--progress and destiny--is the master-thought in the minds of our people, and creates a tendency to unity in the govt. quite strong enough. I have, too, a feeling--for it may be that, rather than a conclusion of reason--on this subject, which some may call superstitious. I believe that the gradual amelioration and culture of our race is in the inevitable order of Providence. I see elements which have been and are preparing our country to act a grander part than any has hitherto done in this great plan. That part is to be wrought out, not by an indolent repose on what our ancestors have ordained for us, but by trials and sacrifices and earnest efforts to solve the great social and civil questions which necessarily arise in the experiences of a nation. It seems to me--but here I may read the sacred oracles not aright--that the Union is an essential condition to the destiny we appear appointed to fulfil; and I believe it firm enough and strong enough to endure the conflict of social and political forces which is going on within its bosom. It will survive them all, working out what it can, and as far as it can, and casting off to a future period what it cannot now entirely work out.