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LETTERS
AND
LITERARY MEMORIALS
OF
SAMUEL J. TILDEN

EDITED BY
JOHN BIGELOW, LL.D.

VOL. 1

NEW YORK AND LONDON
HARPER & BROTHERS PUBLISHERS
1908

Copyright, 1908, by Harper & Brothers.

All rights reserved. Published February, 1908.

Shortly before the death of the late Samuel J. Tilden, and in compliance with his wishes, a selection was made by our senior colleague from such of Mr. Tilden's public writings and speeches as were then conveniently accessible and seemed then responsive to a popular demand. This selection was edited and published in 1885.

The forty-second section of the will of Mr. Tilden, who died in the following year, provided as follows:

"I also authorize my said Executors and Trustees to collect and publish in such form as they may deem proper my speeches and public documents, and such other writings and papers as they may think expedient to include with the same, which shall be done under their direction. The expenses thereof shall be paid out of my estate. My Trustees and Executors are authorized and empowered to burn and destroy any of my letters, papers or other documents, whether printed or in manuscript, which in their judgment will answer no useful purpose to preserve."

In discharge of the duty imposed on us by this clause of the testator's will, we have selected such portions of a vast correspondence with, or relating to, the testator as give promise of answering a useful purpose; and at our solicitation Mr. Bigelow has undertaken to edit and publish them in a form that shall harmonize with, and be complementary to, the volume of "Speeches and Writings of Mr. Tilden," already in print.

John Bigelow, } Executors
George W. Smith, } and
L. V. F. Randolph. } Trustees.

TABLE OF CONTENTS

[PREFACE OF THE EDITOR]
[MR. TILDEN AN APPRECIATION, BY JAMES C. CARTER]
[1810-1844]
[1845-1850]
[1851-1860]
[1861-1867]
[1868-1871]
[1871-1872]
[Transcriber's Notes]

[PREFACE OF THE EDITOR]

At an early period of his life Samuel J. Tilden seems to have had a sense of its importance not ordinarily felt by youth of his age. This may be accounted for in part by the circumstance that while barely out of his teens, both by pen and speech, he had secured the respectful attention of many of the leading statesmen of his generation. At school he preserved all his composition exercises, and from that time to the close of his life it may well be doubted if he ever wrote a note or document of any kind of which he did not preserve the draft or a copy. As the events with which he had to deal came to assume, as they naturally did, increasing importance with his years, one or more corrected drafts were made of important papers, most, if not all, of which were carefully preserved.

As what may fitly enough be termed Mr. Tilden's public life covered more than half a century, during most of which time he was one of the recognized leaders of one of the great parties of the country, the public will learn without surprise that the accumulations of social, political, and documentary correspondence which fell into the hands of his executors, to be measured by the ton, embraced among its topics almost every important political question by which this nation has been agitated since the accession of General Andrew Jackson to the Presidency in 1829.

A collection of Tilden's Public Writings and Speeches was published in 1885, only a year before his death, but very little of his private correspondence appeared in that publication.

The duty imposed upon his executors of looking through such a vast collection of papers and selecting such as would be profitable for publication has been a long and a very tedious one. They indulge the hope, however, that the volumes now submitted will be found to shed upon the history of our country during the latter half of the last century much light unlikely to be reflected with equal lustre from any other quarter. It will also, they believe, help to transmit to posterity a juster sense than as yet generally prevails of the majestic proportions of one of the most gifted statesmen our country has produced.

Tilden may be said to have fleshed his maiden sword in politics as a champion of President Jackson in his war against the recharter of a United States bank of discount and deposit. He next became somewhat more personally conspicuous as a fervent champion of Mr. Van Buren's substitute for the national bank, now known as the Assistant Treasury.

In 1848 he led the revolt of the Democratic party in New York State against the creation of five slave States, with their ten slave-holding Senators, out of the Territory of Texas. Among the immediate results of this revolt were the defeat of General Cass, the Democratic candidate for President, and the development of a Free-soil party, which later took the name of the Republican, nominated and elected Abraham Lincoln to the Presidency—synchronously with which, and for the first time in the nation's history, the decennial census of 1860 disclosed the fact that the political supremacy of the nation had been transferred to the non-slave-holding States.

Though averse to resisting the secession of the slave States by flagrant war, Tilden did his best and much during the war to prevent an irreconcilable alienation of the people of the two sections, while at the same time building up for himself a reputation in his profession scarcely second to that of any other in the country; and by it, before he had reached the fiftieth year of his age, a fortune which made him no longer dependent upon it for his livelihood.

The first public use he made of this independence was to retrieve the fortunes of the Democratic party by delivering the city of New York from a municipal combination which was threatening it with bankruptcy.

Of Tilden's many achievements as a public servant, it may well be doubted if there was any for which he deserves so much honor as for his part in the overthrow of this pillaging combination, familiarly known as the Tweed Ring, nor any for which it seems so entirely impossible to have then provided another equally competent leader who could and would have given the time, incurred the expense, and assumed the risks that Mr. Tilden did when, with no personal advantage in view, he boldly consecrated several of what might have been the most lucrative years of his professional life to this desperate battle with intrenched municipal villany.

The people of the State were not slow to realize that a man with the courage, power, and resources exhibited by Mr. Tilden in this memorable conflict was precisely the kind of man needed by them for Governor; and while yet wearied with the fatigue and covered with the dust of this municipal struggle, he was constrained by his admirers to enter the lists as a candidate against General Dix, the Republican candidate for that office. The result was a change of about 100,000 votes from the number by which Governor Dix had been elected two years before, and Tilden's triumphant election to his place.

Without doffing his armor, and even before his investiture with his new robes of office, he instituted an elaborate investigation of the canals of the State; so that he had been but a few weeks in office before he was engaged with numerically a far more formidable foe than the one over which he had just triumphed, but one for which his official position happily equipped him with far superior resources. His triumph over the Canal Ring of the State was consequently so short, quick, and decisive as to give him a national reputation, and to make him, long before his term of office at Albany expired, the inevitable candidate of his party to succeed General Grant for the Presidency. He was unanimously nominated by the Democratic National Convention, held at St. Louis in 1876, on the second ballot, and was elected by a popular majority of over 250,000. He was then destined to receive a distinction never shared by any President of the United States, of being an elect of the people for that office, which, by the operation of a tribunal unknown to the Constitution, was given to another.

For the remaining ten years of his life Tilden's health prevented his being wholly a candidate or wholly not a candidate, so reluctant were his numerous friends to give up all hope of such a restoration of health as would enable him to resume once more the leadership of his party. In this they were disappointed.

Thus for more than half a century Mr. Tilden was a shaper and a maker of American history. What kind of history and by what means it was made these volumes are expected to render more clear to the world, and his fame perhaps more enduring.

Mr. Tilden's life, like that of Israel's second king, was, as we have seen, a life of almost constant warfare, and of course he was always more or less liable to be viewed by partisan eyes and judged with only partial justice. None of us can judge himself quite correctly until he can look back upon his conduct after a considerable lapse of years. So we only see a public man as he is entitled to be seen, as Moses was permitted to see his Lord: after He had passed. It is to be hoped that sufficient time has elapsed since Tilden was taken from us to enable us to see by the reflection of his life in this correspondence how lofty was the plane of his entire public life, and how correctly he judged his qualifications for a successful political career when he said that his party standards were too high for the multitude. They were too high, unquestionably, for what is commonly understood as success in politics. It would have been easy for him—as these pages will show—to have been President had his ethical standards been nearer the average of those of the parties of his time.

Without presuming to institute any invidious comparisons, I have no hesitation in expressing my conviction that neither in the writings, speeches, or literary remains of any President of the United States thus far will be found more suggestions profitable for teaching, for reproof, for correction, and for the instruction of any American who aspires to be a maker of a nation's laws or an administrator of them, than will be found in Mr. Tilden's Writings, Speeches, and Correspondence.

With the permission of Messrs. Houghton & Mifflin, I have prefixed to these volumes an "Appreciation" of Mr. Tilden by the late James Coolidge Carter, which originally appeared in the Atlantic Monthly of October, 1892. Mr. Carter's eminence at the American bar and forum, and his relations, both personal and professional, with Mr. Tilden, give value to his judgment of his deceased friend which, both for the honor of himself and of Mr. Tilden, is entitled to all the prominence that can be given to it in these volumes.

[MR. TILDEN]
AN APPRECIATION, BY JAMES C. CARTER

My acquaintance with Governor Tilden began a few years before the War of the Rebellion, and my first impressions were not favorable to him. Completely dominated by the combined and swelling impulse of patriotism, passion, and aspiration under which the Republican party was then gathering its mighty hosts, I was in no condition to tolerate anything in the nature of opposition to the movement, or even to appreciate the reasons upon which any such opposition might be founded.

It was not until the war was over, when the passions had subsided, when it became necessary to cultivate the arts of peace and to restore the waste and ruin which war had wrought, that I was inclined to extend any hospitality to the qualities for which he was most distinguished, or to lend any ear to his teachings. Drawn from year to year into a nearer acquaintance with him, and having occasion, when he came to fill stations of influence and power, to observe the ready sagacity and easy skill with which he conceived and carried through important measures for the redress of errors and frauds in public administration, I became more and more impressed with his prodigious superiority to other men.

What he would have been able to accomplish had he been permitted to assume the functions of the great office to which the majority of his countrymen believed him to have been elected is matter of idle conjecture only; but the list of his achievements during the few years in which, upon a narrower theatre, he acted a public part can hardly be matched. Omitting from view the splendid contributions made by him from time to time, prior to 1871, by papers and speeches upon the principles of politics and the methods of governmental administration, and taking note only of the practical measures in the conception and execution of which he was the leader during the five short years in which, either as a private citizen or as public officer, he was actually engaged in the public service, we can distinctly impute to him the following results: In 1871 he seized the opportunity, suggested by the disclosure and publication of the prodigious sums drawn from the New York city treasury by way of pretended payment of municipal debts, to endeavor to fasten upon the principal city officials the crime, universally suspected, but of which there was no proof, of having corruptly embezzled to an enormous extent the moneys of the city. By a long and patient tracing of a multitude of accounts in different banks, he reached a series of results which, when compared, not only disclosed but conclusively demonstrated, by competent legal evidence, the whole scheme of fraud, the officials engaged in it, and the amounts received by each. Although a strict party man and chairman of the Democratic State Committee, yet, finding that the Democratic organization of the city of New York could not be wrested from the control of the official delinquents, he organized and led the popular movement which effected their overthrow. He accepted, at the same time, a nomination for the legislature, was elected, and extorted from a reluctant majority the impeachment of the corrupt judges who had disgraced the judicial ermine. In 1874, when the craze for fiat money had become prevalent throughout a great part of the country, and more threatening to the public prosperity than the free-silver delusion has at any time been, he drew from the Democratic State Convention of New York the first condemnation which it had received from either of the national parties. Elected in that year as Governor of the State, he conceived an extensive series of reforms in administration, drew the necessary legislative bills, secured their adoption, and carried them into effect. These plans contemplated, by the adoption of new methods and various economies, extensive reductions in the public expenditures, the institution of suits for the punishment of frauds of public officers, and the recovery of moneys embezzled by them. They had very large practical results.

Nor was he less efficient in baffling mischievous schemes. The Democratic organization of Tammany Hall, reorganized, after the overthrow of Tweed, under the leadership of John Kelly, an able and not dishonest partisan chief, demanded from the Democratic majority in the legislature the passage of laws designed to secure to that organization a more complete control of the municipal patronage. Governor Tilden refused to lend his countenance to this policy, and the imperious leader undertook to force him into acquiescence by forming a combination in the legislature with the numerous adherents and stipendiaries of what was known as the Canal Ring. That coterie of men, powerful in both parties, had already scented the peril to their practices threatened by the Governor's reformatory plans, and were only too willing to join in a warfare against him. He suddenly found himself in danger of being deserted by a majority of his own party. The Democratic Speaker of the Assembly took the floor, and arraigned him as unfaithful to the Democracy of the State. He had long before seen the possibility of this combination against him, and had sought by the practice of all the conciliatory arts, of which he was a thorough master, to prevent it. When it came, he was not daunted by it, but boldly went behind his enemies to the constituencies which they were betraying. They soon found that they were dealing with an adversary who possessed resources which they had not taken into account. Most of them abandoned their opposition. The rest were severely dealt with by their constituents.

Never were the possibilities for good of a great office like that of Governor of New York so happily developed and displayed. In the course of an administration of two years, an enormous reduction in taxation was effected; the administrative system in every department was improved; the lobby was almost dispersed; and at the same time the Governor, in his communications with the public through his annual messages, his veto messages, and speeches upon official and other public occasions, was furnishing to the people of the State, and indeed of the whole country, a nearly complete exposition, theoretical and practical, of the whole work of public administration. I have never read a state paper which equals his second annual message in the power and ease with which it treats of the principles upon which government should be conducted, or in the order and perspicuity with which it arranges and sets forth the details of public business. In this paper he considers at much length the then depressed condition of business, its causes, and the proper remedies. It may be thought—was thought at the time by some—that this was going beyond the domain of state affairs in order to make an ambitious display of knowledge upon the larger concerns of the nation; but it would be well if every man possessing such knowledge as is here exhibited, and such a capacity for communicating it, would embrace all opportunities to display it. Governor Tilden, however, had a special motive in placing his views before the country at that time. He saw the false policy of indefinite issues of government legal-tender currency everywhere taking hold of the public mind, and that, unless speedily corrected, it would acquire a force to which the timidity of political leaders would submit. He had already induced a convention of the Democratic party in New York to take ground against it. He wished to draw forth a similar declaration from the Democracy of the nation, at its next convention for the nomination of a President. He succeeded; and to his influence, probably, more than to that of any other man, we owe the downfall of the paper-money delusion.

An attempt to analyze the rare combination of talents and faculties which enabled him to accomplish so much in a period so brief may not be uninteresting. His original intellectual endowments were of the highest order. They were not of that character which, while leaving their possessor satisfied with some hasty and superficial conclusions that at the moment seem true, enable him to impress them upon others by fervid and moving language. These are the intellectual traits most frequently exhibited by the ablest men whom our public life brings into notice; but they do not make up the scientific mind which Governor Tilden's pre-eminently was. At the beginning of his intellectual manhood he clearly perceived that the whole moral world was as rigidly as the physical world subject to an order, an arrangement, a law; and that all policies, whether in government, in finance, or in business, not founded upon a recognition of this truth would result in confusion and mischief. Naturally attracted to the study of the public economy of States, his first aim was to discover the laws governing every part of that extensive domain. Whether the theme was expenditure, taxation, private or public justice, internal improvements, or any form of public administration, he would make no utterance until his brooding mind had reached what he conceived to be the underlying truth; and the same trait was manifest in him where the purpose was not to refute or establish a general policy, but to ascertain, in a particular case, the truth upon a disputed question of fact.

This was well illustrated in his defence, in 1856, of the title of Azariah C. Flagg to the office of comptroller of the city of New York, against the claim of John S. Giles. Flagg had been declared elected by the Board of County Canvassers. He was a man of resolute integrity, had held the office before this election, and, by his obstinate defence of the city treasury against unjust and fraudulent claims, had drawn upon himself the hatred of the municipal plunderers, and earned from them the title of "Old Skinflint." His enemies had made a combined and desperate effort to defeat his re-election, and, having failed by a few votes only, they determined, upon the pretence of an erroneous return, to make an attempt to oust him from his office by a judicial proceeding and install Giles in his place. For this purpose they fixed upon the vote of the first district of the Nineteenth Ward, the majority of the election officers of which were bitter enemies of Flagg. Their pretence was that the return of the district election officers giving 316 votes for Flagg and 186 for Giles was a clerical error, by which Giles' vote was awarded to Flagg and Flagg's vote to Giles. Three of the election officers who signed and filed this return were sworn as witnesses for Giles, and positively testified that the vote as actually counted was just the reverse of the return; that Giles had 316 votes, and Flagg 186. The original tally-list of the regular tickets, which would have shown the truth, had been conveniently lost, but these witnesses produced what they swore was the original tally-list of the split tickets, and upon which was a pretended transfer of the votes on regular tickets, which they swore was correct, and this fully supported their statements. Other witnesses on the same side testified that they were present at the close of the counting on the day of the election, and heard the result proclaimed, and that it gave 316 to Giles and only 186 to Flagg. This formidable case could be overthrown only by showing that these witnesses were perjurers, and this pretended split tally-list a forgery. Tilden had no doubt that this was the fact, but he had no direct evidence to prove it. He was a determined enemy of these base conspirators and a close friend and ardent admirer of Flagg, and he was resolved that the fraudulent scheme should not succeed. Acting upon the assumption that a lie has no place in the regular order of nature, but is something violently thrust into that order and will not fit the surrounding and attendant facts, he laboriously endeavored to bring into light, so far as possible, all those surrounding and attending facts. It so happened that this election was a contest between numerous factions, and that there were seven regular tickets voted; that is, tickets having uniformly the same names and for the same offices; and there were twelve candidates for the various city offices on each ticket. There were also many split tickets, created by erasure of one or more names from a regular ticket, or otherwise. Here was fruitful material for the exercise of Tilden's powers of investigation. He demonstrated, and with mathematical certainty, by an analysis and comparison of the actual returns of votes for all the candidates on these tickets, that the pretence of Giles was a pure fabrication. At the close of his argument he threw his demonstration into a dramatic form, which created such an impression that, as Mr. Charles O'Connor, who was associated with Mr. Tilden, once told me, the case of the plaintiff Giles was utterly defeated before the defendant had called a witness. It was, of course, difficult for the jurors to carry in their minds the numerous figures which made up the demonstration. Something was needed to impress upon them the result. For this Tilden pitched upon the lost original tally-sheet of the regular vote. It was upon the amount of Flagg's regular vote that the whole controversy turned. If the contents of that lost tally could be shown, all doubt would be dispelled. Said he, "I propose now, gentlemen, to submit this case to a process as certain as a geometrical demonstration. I propose to evoke from the grave that lost tally; to reproduce it here, to confront and confound these witnesses who have been upon the stand swearing to what is not true. It is an honest ghost. It will disturb no true man." And he did it triumphantly. Handing to the jurors sheets containing copies of the regular tickets, and selecting a name which was found on only one of these tickets, that of Samuel Allen for street commissioner, he called off from the actual return to the Board of County Canvassers, and the jurors set down Allen's vote, which was 215. It necessarily followed that every other name on that ticket must have received the same number, or the ticket would not be regular. Proceeding in the same way with all the names on all the tickets, and then deducting the regular vote from the whole vote as shown by the actual return, and thus obtaining the split votes for each candidate, and comparing these results, except as to Flagg and Giles, with the tally-sheet of the splits which had been produced by the witnesses for Giles, and which was presumably correct, except in respect to the vote for Flagg and Giles, he slowly, step by step, re-created an original tally of the regular ticket, which, when increased by the split votes shown on the split tally-list, corresponded in every particular with the actual return to the county canvassers except as to three unimportant names, and as to these it was manifest that the actual return was erroneous. Each juror found, at the close of the calling, that he held in his hands what he could not but believe was an absolutely accurate count of the votes in the first district of the Nineteenth Ward for all the candidates voted upon, for whatever office, at the election under investigation. The hideous monstrosity of the figures assigned to Flagg and Giles in the split tally-list became so palpable that none could doubt. It is needless to add that when the case was finally submitted to the jury they immediately returned with a verdict for "Old Skinflint."

He employed a similar method in the case of what was called the Six Million Audit fraud of Tweed and his accomplices. That the payment of this enormous sum was a gigantic fraud no one could doubt; but there was no proof showing how much of the payments was in excess of what was due to the claimants, or among whom the excess was divided, and how much to one and how much to another. Mr. Tilden unlocked this mystery. He went to the banks in which the conspirators kept their accounts, and by a patient decomposition of the credits into the original items, as shown by the deposit tickets, evolved the plunderers' rule of division. Applying this rule to any one of the hundreds of paid city warrants embraced in this series of frauds, and without going beyond the face of the warrant, it could be determined how much each of the conspirators received; and the determination would be verified by finding, upon examining the bank accounts and deposit tickets of the same parties, that they had received on the day of the payment of the warrants the same sums which, according to the rule applied, they ought to have received. It vexed Mr. Tilden very much that the shares of the conspirators, as thus computed, did not correspond with perfect exactitude to the amounts deposited to their credit. The difference, being trifling in amount, hardly affected the conclusiveness of the demonstration; but it showed that there was some element in the rule of division which he had not discovered. The missing link was subsequently found, and then the conformity between the computed and the actual shares was in every instance exact to a penny. This division and conformity, appearing upon the face of the accounts themselves, proved with absolute certainty the conspiracy to defraud, the amounts of the embezzlements, and the precise shares received by each. Had Mr. Tilden been present at the meetings of the conspirators and witnessed their division of the spoils, he could not have given evidence so conclusive of the fraud as that which he thus drew from written memoranda which the conspirators had thoughtlessly allowed to be made.

It was indeed wonderful to observe how a man who could study these dry details with such patience, and even with pleasure, could pass at once into the fields of political science and compel a wholly different class of facts to yield to him the loftiest generalizations. But in truth the process was the same in both instances. It was the original investigation of facts for the purpose of framing a just theory. It is a common practice, even with able men, to disparage the conclusions founded upon the employment of the reasoning powers as being mere theory; as if their own conclusions, so far as they have any value, were reached in any other way. These are the criticisms of men who are too indolent to engage in the work of patient investigation, or not sufficiently instructed in the methods by which it should be pursued. Undoubtedly there are many minds that undertake the task of evolving the laws underlying some subject matter and reach conclusions which are confidently believed and asserted to be true, but that turn out when adopted in practice to be erroneous. It is in this way that the results of investigation and reasoning are brought into discredit. But the fault in such cases is not that the conclusions are those of mere theory, but of erroneous theory. The reasoner lacks the patience, or the skill, to embrace in his investigation all the material facts, and to exclude all others. These are, indeed, the rarest of qualities. They are possessed in an eminent degree by a few men only in each generation, and the value of such men to society is inestimable. Governor Tilden's pre-eminence was especially manifest here. His educated intelligence was able to pronounce, as if by instinct, whether the conclusion he had reached was sufficiently certain to be made the basis of action, or was so encumbered with doubt as to call for further scrutiny into the facts. He knew how—to use his own happy phrase—"to limit theory by practice and enlighten practice by theory."

The mere pursuit of truth, the pleasure which comes from the actual exercise of superior powers, the sense of satisfaction which arises from the overcoming of difficulties, would have been a sufficient reward and stimulus to a mind like his; but this was not his principal motive. His chief aim was to convince others; and he knew that this could be done only by the effective use of language. He recognized the importance of the art of rhetoric, and labored upon the composition of his papers with the same care which the purely literary man employs; not for the purpose of making up a piece of what is called fine writing, but to engage and hold the attention by imparting life and interest to his treatment, and, by an easy and natural development of his subject, to carry the mind gratefully along towards his conclusions. It would be hard to find better examples of the way in which subjects apt to be regarded as dull may be made lively and interesting, and yet without departing in the slightest degree from a rigid and logical development, than are found in his report, while a member of the legislature of New York, upon the causes of the anti-rent disorders and the proper remedy for them; or his speech in the constitutional convention of that State in 1867, unfolding the true policy to be pursued in relation to the canals; or his second annual message when Governor in 1876. I find, on the page at which I open a volume of his speeches and writings, the following sentence, which well illustrates the ease and power with which he could clothe weighty truths in their appropriate language: "Generations, like individuals, do not completely understand inherited wisdom until they have reproduced it in their own experience."

These high intellectual traits would have made him a man of mark had he been a philosophical recluse holding himself aloof from the busy activities of life; but the extraordinary thing was that he was at all times emphatically a man of action. Whether engaged in the conduct of some great lawsuit or of some important business enterprise, or managing a political campaign, he was equally at home. The schemes of small party chieftains and the power of local bosses gave way before his masterful leadership. He did not despise the aid of partisan machinery or of official patronage; but he fully perceived that the scope and influence of these instrumentalities were narrow, and that, unless held rigidly secondary and subordinate, they would obstruct, rather than aid, the march of a political party. Profoundly convinced of the truth of the political creed which he avowed, he engaged in political warfare only to secure its permanent establishment. Any victory won by shifty expedients he knew would be but temporary, and would not fail to retard a lasting success. At the same time he recognized the fact that no main purpose of a political party could ever be carried except by the permanent union of men differing from each other upon a multitude of minor points, and exhibiting every grade of culture, character, and conduct. Compromise and concession be recognized as the daily duties of the statesman. He had little regard for those impracticable natures which refuse to join any party because they find something to object to in all parties. He was the last man to yield to self-conceit and obstinacy the titles of conscience and wisdom. Such men, he once declared, forget "that without concession there can be no common action for a common object, and that without the capability of such action a man is fit, not for society, not even for a state of nature, but only for absolute solitude." I wonder that the mugwump-haters have not borrowed his description of some non-partisans of his day: "I know there is a class of no-party men who vindicate their claim to that character by doing injustice to all, even without the excuse of bias."

But how far should you carry the spirit of compromise and concession—how far tolerate what you believe to be error in order to obtain an over-balancing good? This is the puzzle of statesmen, and indeed of every man, so far as he undertakes any part, even though only as a private citizen, in public concerns. There are two ways of dealing with it. One is to shirk it by an indolent abandonment of the important offices of social and public life. The other is to meet it with the best solution we can find. Tilden had little regard for the first of these methods. He accepted the second; and with his matchless ability for drawing a line up to which we must, but beyond which we must not go, he would have had little excuse for the other choice. There were several occasions when he felt obliged to draw this line and rigidly observe it, although the result might be immediately disastrous to the party to which he was attached and to his own personal ambitions. His opposition, in 1871, to Tammany Hall, already noticed, is an instance. Occupying, as he then did, the important post of chairman of the Democratic State Central Committee, he could not step out of the local organization in the metropolis and make war upon its leaders without seeming disloyalty to his party, nor without endangering its success in the next State election. But he determined, against combined solicitations and threats, to take this course, and the result showed the wisdom of his choice, even as a measure of party policy. And again, when the irredeemable paper-money delusion had to a far greater degree than the free silver coinage craze gained possession of the popular mind throughout the West and South, and in the view of many ardent politicians promised a victory to the Democratic party if that party would extend some favor to it, he compelled from the national convention of the party a repudiation of the heresy. No temporary advantage which his party might gain would in his view be worth acceptance, if purchased at the price of such a sacrifice of fundamental principle.

It is not to be wondered at that with his profound knowledge of the causes by which human affairs were controlled, combined with such capacities for skilful action, he should have accumulated a large fortune. Aside from what he received for professional services, his large gains were, I imagine, rather easily acquired. Among the mischiefs of an unstable currency is the facility with which men who have the power of dealing skilfully with exceptional conditions may amass large fortunes. Few men understood such things better than Mr. Tilden. He had striven to prevent, as well as a man in opposition could, the issue, during the war, of an irredeemable government currency; but I remember his saying to me after the policy was adopted, in substance: "Now is the time to make yourself rich. Buy all that you can pay for, or run in debt for. Every day it will be easier and easier for you to pay, and your property will correspondingly rise in value, or rather in price." And at the close of the war he advised the opposite course. I do not know, but I have little doubt that he acted extensively on this policy. If there were a question as to the propriety of such action, he certainly was excusable. Had his counsels been regarded, no such measure would have been adopted.

The malice of political opponents was wont to ascribe his success in money-getting to schemes for obtaining interests in the property of insolvent railway companies at less than their value. They stigmatized him as a "railroad-wrecker." Never was there less foundation for a charge. He was a railroad-preserver. His skill in the management of difficult and complicated affairs, combined with his profound knowledge of the fundamental principles of equity, made his services invaluable to parties interested in the property and securities of railroad companies which by bad management, or in consequence of over-sanguine expectations, had fallen into difficulties. His capacious mind was just fitted for the survey of such situations. He was among the first, if not the first, to perceive that a ruthless attempt to foreclose a first mortgage and thus to crush out all subordinate liens and interests was ill-suited to such cases; that the just and true method was to ascertain the real capacities of the business, and to reorganize the enterprise upon a scheme which would indulge the hope of saving to the junior securities a large part of their supposed original value. More than one of the great railroads of the country have, at his skilful touch, risen from absolute bankruptcy into prosperity, and repaid all or the larger part of the original investment.

With all his capacity for making sober estimates, and escaping the illusions by which many minds are carried away, he was yet an enthusiast, especially in respect to the plans and enterprises which were the offspring of his own fruitful brain. This came partly from personal vanity, of which he had a plentiful supply, and partly from the exhilaration which attends the exercise of high intellectual powers and rewards the conquest of difficulties. I remember a display of this tendency which greatly impressed me.

In the performance of a professional service for him while he was Governor, in connection with a lawsuit to which he was a party, it became necessary that I should tarry several days at his house in Albany in order to secure his attention during the intervals between his official duties. It was while the St. Louis Convention was in session at which he was nominated for the Presidency. One would suppose that under such circumstances he could have given his mind to little else than the business in which his personal fortunes were so deeply concerned. But he could not have devoted himself more ardently to recalling and arranging the facts of the complicated transactions out of which this lawsuit grew than he did on the very day when he was nominated. Late in the afternoon of that day, after protracted work, he took me upon a long drive with him. In the course of it he did not even allude to the convention, or its doings, although a flight of telegrams had been coming to him. His conversation, animated and incessant, was upon false policies in government, the mischiefs and burdens of over-expenditure, the true principles of taxation, the errors of protective tariffs, etc. One could see that the mere matter of holding the Presidential office was little to him; but that the chance of laying his reforming hand upon the multitude of abuses with which, as he supposed, the whole administration of the general government was infested aroused his enthusiasm, as the prospect of a season of sport would that of a boy. Becoming animated with his theme, eloquent and intense in his language, he failed in attention to the high-spirited horse he was driving, and I was in constant fear of a catastrophe. Indeed, on a similar drive the succeeding day we met with one from the same cause. The injury was inflicted instead of received, and cost the Governor several thousand dollars by way of damages. When, on our return, on the day first mentioned, we were near home, I observed to him that he would perhaps find at the house a telegram announcing his nomination. "No," said he, unconcernedly, "not until about half-past nine." It came not many moments from that time. Impressed upon this occasion with his profound and extensive knowledge of everything relating to the science of government, and thinking his views not substantially at variance with those held by leading Republicans—for at that time the Republican party had not become committed to its present dogmas on the subject of protective tariffs—I ventured to express to him the surprise I felt that he had not allied himself with that party; saying that it seemed to me that, considering the greatly superior number of men of education and public spirit to be found in its ranks, he could much more easily procure a general acceptance of his opinions by acting in alliance with them. He answered that he thought that I was mistaken; that, while it was true that a large majority of the men of culture, wealth, and force were to be found in the Republican party, the trouble was that, to use his language, "it was a party of self-seekers." He explained that he did not mean this in any offensive sense; that what he meant was that the controlling men of that party were men of large pecuniary interests, seeking to build up fortunes and families; that these personal interests were so large as necessarily to engross their thoughts and control their opinions, leading them to use their powerful influence so as to shape the legislation of the country in a form which would favor those interests; that it was difficult to lead such men along the pathway of those fundamental principles of democratic government by which alone equal justice could be done to the masses of men; that the Democratic party held within its ranks a far less number of men of this description—not enough to control its action—and consequently the opinions of its great masses could be more easily shaped and molded by the mere force of ideas; that this was the distinction between the former Democratic and Whig parties, and that the Republican party would, as the patriotic inspirations caught from the opposition to slavery and the defence of the Union died away, become the mere successor to the spirit and policy of the Whig party.

"These observations, as applied to the two present parties of the country, would not, probably, be accepted without dissent; but they intimate a most important truth. This is that when a man comes to be the possessor of large property interests, these will, whatever may be his character, control his opinions in relation to any question affecting them. The great railroad interests of the country are conducted by men, I suppose, of as honorable character as can be found in any walk of life; but they will not, in the face of threatened disaster, keep the agreements they make with each other. They do not hesitate, when these interests are threatened by adverse legislation, to defend them by secret arts and practices—kept secret because they could not be avowed without a blush. Mr. Jay Gould, in some testimony drawn from him by a legislative committee, expressed the truth by saying that he was "sometimes a Democrat and sometimes a Republican, but always an Erie man." It must be admitted that the occasions are often fearfully trying. They sometimes impose a test which human nature is ill-fitted to bear. The individual who is subjected to them is called upon to defend, not only his own property, but that of others. A man may surrender his own interests, but what account is he to give of himself when he surrenders interests which have been intrusted to him for defence?

I cannot help thinking that Governor Tilden possessed, on the whole, greater capabilities for usefulness in public life than any other man of his generation. I cannot find elsewhere such a union of the ability to discover true governmental policies with the firm and undeviating purpose to pursue them. This is not the universal estimate of him. A certain measure of distrust seems to have accompanied the general admiration of his talents. For this there never was any just foundation. I do not think any public man of his time was more faithful to his conceptions of truth. No impartial man could now well doubt this after going over the record of his services and reading his speeches and public papers. Indeed, it is hardly possible that so ardent a searcher after scientific truth could be otherwise than faithful to it. We can scarcely imagine Socrates and Newton to have been dishonest men. That Lord Bacon fell excites our wonder. And yet there must always be some ground for any widely extended impression. I think that in this instance the cause is manifest. His pre-eminence was in the intellectual rather than in the emotional powers. In order to achieve his purposes he preferred to appeal to the intellect rather than to the heart. Plain, blunt honesty is universally perceived and understood, and is admired and confided in, even when it blunders. But common men have so often been deceived by the sharp practices of those who are a little brighter than themselves, that they are apt to distrust intellectual superiority, and half suspect it to be a species of cunning. The malice of personal and party hostility, working upon this natural tendency, has found an easy acceptance of its calumnies.

But, beside this, Governor Tilden was a practical leader in affairs, both of business and politics; and although he was all openness and candor in his public discussions, yet in his methods of action he could not, any more than other men, dispense with secrecy and reserve; and as he was apt to excel others in whatever methods he adopted, he perhaps excelled them in secretiveness as well. A good share of another quality which does not tend to secure admiration for the possessor fell to Mr. Tilden. It was not unnatural that a man so conscious of superior powers should be somewhat vain. Men do not like to have "I told you so" flung into their ears at every turn in the course of events, and Mr. Tilden had a habit of doing this.

But he was by no means wanting in the sense of moral earnestness, and he had a just perception of the occasions demanding the exercise of that faculty. He was well aware that fraud and corruption could not be successfully combated with the weapons of reason, and that they did not deserve to be reasoned with. When he found himself confronted by the powerful Canal Ring, which had fattened for a generation upon fraudulent contracts for repairs and pretended improvements to the canals, a ring which had founded wealthy and influential families, and had its stipendiaries among the able lawyers of the State, he perceived that it was a warfare in which no quarter could be given, and which could not be carried on by the weapons of facts and figures alone. He courageously determined to invade, single-handed, the strongholds of his enemies, and to arouse against them the moral indignation of the people. Using a vacation from pressing official duties, he made a series of speeches in a tour along the line of the canals from Buffalo to Albany. Flinging aside his customary temperance and moderation, he denounced his adversaries—men of wealth and the highest social standing—as criminals, and summoned the people to stand by his side in an effort to enforce against them the criminal law. Speaking at Syracuse, in the midst of the men he was condemning, he said: "Here, under your own eyes and your own observation, these transactions have been carried on in open day, by a combination that has sought to rule the State.... I was called upon this morning to speak some words of encouragement and hope to four hundred little boys in the Western House of Refuge. During all my journey I have been frequently followed by persons asking for their friends and those in whom they were interested a pardon from the penitentiaries and State-prisons. I have been compelled to look into such cases to see who are the inmates of these institutions, and of what they have been accused, and to ascertain what it is that constitutes the wrong to society of which they have been convicted. When I compare their offences, in their nature, temptations, and circumstances, with the crimes of great public delinquents who claim to stand among your best society, and are confessedly prominent among their fellow-citizens—crimes repeated and continued year after year—I am appalled at the inequality of human justice." He made by this series of addresses a profound impression upon the public mind.

He was cautious not to be imposed upon by those who wished his official aid or influence, and commonly subjected them to a searching cross-examination, but a case of real distress quickly moved him. I remember an instance which occurred during my sojourn, already mentioned, at the Governor's mansion in Albany. We were at work together rather late one evening, when he was told that a little girl wished to see him. She was wretchedly clad, and seemed to be in great misery. Moments were then quite precious to him, but he dropped everything and spent half an hour with her. When he returned to the library where we were at work he told me her tale. It was that she was the oldest of several children; that her father was a drunkard and cruel to her mother, who also sometimes got intoxicated—though, as the girl said, only when her father abused her—and who had, the day before, although having a nursing infant only a few weeks old, been sent to prison for ten days for drunkenness; that the little girl had been vainly endeavoring to take care of the infant and the rest of the family, but had given up in despair. The Governor seemed a good deal moved at this separation of mother and infant, and spoke with indignation of the manner in which the criminal law was administered in the lower courts by incompetent magistrates. He immediately despatched a secretary to the executive chamber for a sealed pardon in blank, filled it up and signed it, and sent the same secretary with the girl to the prison, with instructions to see that the woman was released and taken to her home that very night. I asked him whether this was not rather hasty and inconsiderate action, adding that possibly the magistrate, if consulted, might give a different statement of the case. He answered: "No, and I wouldn't believe him if he did. Don't I know that the little girl told me the truth?"

In assigning to Governor Tilden capacities for public usefulness superior to those of other men of his generation, one qualification should perhaps be made. He could not have led, or rather guided, as Lincoln did, the storm of patriotic passion which the Southern insurrection aroused. There are resistless currents in human affairs which disdain the feeble control of mere reason, and insist upon working their way by force alone. War is a conflict of the passions, and, when it becomes necessary or preferable to peace, those passions should be inflamed rather than checked.

But the superior wisdom of Governor Tilden was equally manifest in this great crisis, although, perhaps, incapable of dealing with it. Naturally anti-slavery, he had encouraged the first tendencies towards the assertion of the Free-soil sentiment of the North by joining in the revolt of the Northern Democrats against the nominees of the Democratic convention in 1848, and supporting the candidates nominated at the Barnburners' convention at Utica. But when he saw this movement developing into the formation of a permanent political organization under the name of the Republican party, with the avowed object of preventing by national legislation any further extension of slavery, he paused and receded.

The argument of the supporters of the new movement was that Congress had the power, not, indeed, to interfere with slavery in the States, but to prevent its establishment in the Territories; and that they were but exercising their constitutional rights in forming a party for the purpose of securing such legislation. Tilden could not deny the mere claim of constitutional right; but this, with him, was but a small part of the question. What would be the consequence of a successful assertion of that right? Could it be reasonably supposed that the Southern States would view it otherwise than as an attack upon what they deemed to be a vital interest? Would not its necessary effect be to force unanimity among them in opposition to the policy? Was the supposition that there was any considerable Free-soil sentiment in the South which would array itself on the side of the government anything but a dream? Should we not have two strictly sectional parties arrayed upon the question of preserving or destroying an institution which one of them, not unnaturally, regarded as essential to self-existence? These, in his view, were questions which must be first solved before such a movement could be encouraged. His solution led him to the conclusion that war would be the necessary result of such action; and this involved the further inquiry whether the object in view would be gained by a civil war, or, if gained, would be worth the terrible cost. Appalled by the uncertainties and terrors of such a conflict, he took refuge, as Mr. Webster had before him, in the belief that the natural forces in operation would of themselves accomplish all that could be gained by the policy of restriction. In a letter to William Kent in 1860, before the election of Lincoln, he stated his conclusions and the reasoning which led to them with his characteristic moderation, but with masterly force. His main conclusion was that if the Republican party should be successful, the national government in the Southern States would cease to be self-government, and become a government by one people over another distinct people—a thing impossible with our race, except as a consequence of successful war, and even then incompatible with our democratic institutions. He said:

"I assert that a controversy between powerful communities, organized into governments, of a nature like that which now divides the North and South, can be settled only by convention or by war. I affirm this upon the universal principles of human nature, and the collective experience of all mankind." And again: "A condition of parties in which the federative government shall be carried on by a party having no affiliations in the Southern States is impossible to continue. Such a government would be out of all relation to those States. It would have neither the nerves of sensation which convey intelligence to the intellect of the body politic, nor the ligaments and muscles which hold its parts together and move them in harmony. It would be in substance the government of one people by another people. That system will not do with our race."

This reasoning was founded upon the facts of human nature, the philosophy of government, and the teachings of experience. Its truth is more manifest now than when it was uttered. Who of the great Free-soil leaders would have had the hardihood to persist in their course if they could have foreseen the consequences so clearly? Greeley, terrified by the horrible spectacle of war, was driven to say: "Let the wayward sisters depart in peace." Seward's short vision predicted that it would be all over "in sixty days"! But in great crises the foresight of the wisest is but blindness. Were it always given men to see what they are to go through with, the greatest steps in moral advancement would never be taken. Tilden did not foresee, through the storms of war, any more than others, the freedom of the slave with the acquiescence of the master, and the consequent unification of the republic.

But the trials of our popular system of government were not terminated by the simultaneous overthrow of the Rebellion and slavery. It may be, rather, that they have just begun. We were confident before the war that slavery was the source of the only peril which really threatened us. That out of the way, we find ourselves confronted with new dangers, growing out of differences of opinion respecting the extent to which the black race shall be allowed to participate in government. That participation is now practically denied by the Southern States, and the mandate of the Constitution is unhesitatingly set at naught by the employment either of force or fraud. The remedy suggested is an enforcement of that mandate by Federal legislation, which means simply the enforcement of its will by one section against that of the other. This is not democratic government, but the rule of the conquered by the conqueror. The evil is bad enough; and the remedy will probably be worse. We begin to see that the real danger which has at all times menaced us is the presence on our soil of a different race, unequal, for the present, at least, to the great office of self-government. Slavery was not itself the evil, but only one of the methods of dealing with it. Is our substitute, the bestowal upon the race of universal suffrage, a successful device? And, if this must be abandoned, what shall next be tried? These grave problems, already threatening, will assume a graver aspect if the results of the census just taken, when studied and compared, shall be found to show a more rapid rate of increase in the black population at the South than in the white. To meet such perils we need nothing so much as a class of statesmen of which Samuel J. Tilden was the most distinguished example.

LETTERS AND LITERARY MEMORIALS OF SAMUEL J. TILDEN

[1810-1844]

In 1801 President Jefferson appointed Robert R. Livingston, then Chancellor of the State of New York, as Minister to France. On his return, in 1804, Livingston brought with him some sheep from Spain, then the home of the famous Merino breed, developed from races of sheep originally introduced into the peninsula by the Romans. In 1809-10 a flock of 4000 Merino sheep were brought into the United States to meet the demand created by Mr. Livingston's first importation. The following letter from the father of Samuel J. Tilden, written the very season of the larger importation, justifies the presumption that such importation had been made by Mr. Livingston himself or at his behest. The letter of Elam Tilden was sent to his son Samuel by the late Eliphalet Nott Potter in December, 1882, with a note in which he said:

"In looking over a package of Livingston letters I find the enclosed, and thinking that possibly it may be of some slight interest to you, I beg that you will accept it with best wishes of the season and for the New Year."

This letter was written four years before the writer's son Samuel J. was born.