Letters and Literary Memorials of Samuel J. Tilden, v. 1

by Samuel J. Tilden

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

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

"Very truly, &c.,
"John J. Taylor."

TILDEN'S ADDRESS TO THE BAR ASSOCIATION

"(Circa 1872.)

"Gentlemen,—I congratulate you on the substantial progress which has been made in purifying the judiciary. Everything which at the beginning of the late legislative session you set before yourselves as practicable, everything which you were afterwards encouraged to undertake, has been accomplished. You asked for an inquiry into abuses in the administration of justice. You have had an investigation—patient and thorough—during seven weeks, in session continued from ten in the morning until late at night—carried on in the presence of the accused and their counsel. It is true the inquiry could only touch a small part of the evil—the specific cases presented by you. But every judge against whom you made charges has been put on his trial, except one, who fled from the ordeal. I repeat to you to-night what I said at the meeting at which this association was organized. It was on Feb. 1, 1879—when the shameful perversion of judicial process and judicial power that characterized 1869 were fresh in the public mind, and the corrupt oligarchy, whose tools these judges were, seemed to sit enthroned over the prostrate people of our metropolis.

"If it will do its duty to itself, the bar can do everything else. It can have reformed constitutions, it can have a reformed judiciary. It can have the administration of justice made pure and honorable. One word as to the pending impeachment of Judge Barnard. I do not share the fears which have been expressed in the public journals as to the results. First, I know that in the investigation, which extended to all the witnesses the accused desired to produce, and with full cross-examinations, there was developed more impeachable matter—ten times over—than can be found in the eight principal cases of judicial impeachment, four resulting in convictions which have occurred in this country. Secondly, I believe that the leading members of the committee of managers will faithfully prosecute the trial. Thirdly, I have the most absolute confidence in the abilities, professional skill, and earnest patriotism of the counsel who will represent the people, and on whom the real burden of the trial will fall. I respect the sentiments of my brethren of the bar which demanded that I should continue still farther my connection with the movement to purify the judiciary. I mean, of course, as one of the managers of the impeachment, for you all know that I would not have acted as counsel. While I did not feel at liberty by my own act to withhold any service which you thought I could render to the great reform, my opinion differs somewhat from the public impression. The great work of investigation, of collecting evidence, and of securing sufficient concurrence and co-operation to put the accused on trial—which has been an immense and difficult labor—is done. The gentlemen whom I met in conference, after everything had been completed except to decide on the form of procedure—when I consented to impeachment instead of removal by concurrent resolution—and I see several of those gentlemen present, will remember that I then stated my difficulty in engaging in a prolonged trial during the summer. When the choice of the managers came to be made I did not feel called on to enter into a canvass or to form combinations. In everything else I had felt it my duty to exercise all foresight and every care, and to exert every power I possess to organize such elements as could be found for good ends. In this I felt entitled to leave every human being to his spontaneous action. If I should receive an honorable discharge I had a right to accept it. I cannot be accused of selfishness if I did so with delight. One care only remained for me. That was to look after the choice of counsel. I communicated what seemed to be, in the actual circumstances, the best suggestions to Mr. Alvord, and met his prompt and cordial concurrence. Of Mr. Van Cott—the senior member of the committee which represented you in the investigation—I need not speak. The eminent jurist with whom he will be associated—Judge Comstock—will bring to his duty great abilities, ample stores of learning, and an honorable pride in restoring the renown of the bench and the bar of this State. I remember with what solemn earnestness he said to me several years ago that we could never reform the judiciary of this district until we had first crushed the corrupt power which stood behind it. I do not see that justice will be more likely to fail that the trial is to be conducted in the light of open day, with the eager scrutiny of the bar of the State and country, and under the eyes of a watchful, apprehensive, and somewhat distrusting people. While what has been done towards purifying the judiciary is just cause of congratulation, you will appreciate the difficulties through which it has been obtained if you reflect that everything else in the way of reform has failed. It is known to you that when I consented to go to the Assembly it was with a view to the judicial reform and to certain other measures more particularly interesting to the people of this city, and that in that work I expected the co-operation in the Legislature of Mr. O'Conor and Mr. Evarts. This arrangement was defeated by subsequent events. I thought that it was necessary to concentrate myself upon a very few measures in order to accomplish anything. The general demoralization growing out of the Civil War and paper money had produced widespread effects. The corrupt power which had just been overthrown in this city had its origin in a partnership of plunder between men nominally of different politics, but, in fact, of no politics at all, and had established extensive affiliations throughout the State in both parties and in both branches of the dominant party which now possessed three-quarters of the Legislature. It had been necessary to the system that the capitol should be surrounded by an atmosphere of corruption. The ambition of some had been tempted; the interests of more had been addressed by making legislative business profitable, and the golden showers had sprinkled benefits in every direction. Some, even, who would not take an actual part in the saturnalia were content to be silent spectators or consenting witnesses. I never for a moment supposed that the knife and the cautery would be agreeable remedies, or that the silent partners of prosperous criminals would fall in love with those whose duty it is to detect and punish. I knew, therefore, that obstructions, under every pretext, were to be met at every step and to be overcome. Let us thankfully accept what has been accomplished; and let us here to-night renew our faith that if the bar of this city and State will be united and persistent, every judicial reform in respect to men and in respect to systems will be at last successfully achieved."

TILDEN TO EUGENE CASSERLY

"New York, July 3rd, 1872.

"My dear Sir,—I did intend sooner to acknowledge your letter and make answer generally to it, tho I have foreseen that it is a case in which, as Gov. Seymour says, 'letters answer themselves,' and I should only pay my respects to you.