"My dear Sir,—In speaking of the Albany judgeship, or rather that of the 3d district, you always said that you would consider it after the first of Jan.
"I left with you at your house some papers on the subject, including the petition of almost the entire Albany bar and letters from many persons and our firm myself.
"I have nothing to call me to Albany now, and I am very busy here, but if there exist any conditions as to which I could properly say anything, or as to which I might present facts or suggestions with respect to this appointment, I know I may rely on you to advise me thereof and to give me a hearing.
"There is nothing in which I take so deep an interest—nothing, I mean, of a personal character—and you can excuse any apparent over-persistence. I am not much given to expressing emotions, but all I have are concentrated in this.
"E. D. Smith has 'discontinued' retainers of Genl. Barlow and myself, and, I suppose, of Mr. Carter. He says it is pursuant to his correspondence with Vause.
"As the local prosecutions stand now, the defts. might as well appoint the counsel to prosecute.
"Unless some one has charge of them very different from Smith and his friends, the prosecutions might as well be abandoned.
"Yours truly,
"Wheeler H. Peckham."
HORATIO SEYMOUR TO TILDEN
"Utica, January 1, 1875.