"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."