"State of New York, Executive Chamber,
"Albany, August 6, 1875.
"To the Hon. Wm. H. Wickham,
Mayor of the City of New York.
"Sir,—At the time the proceedings for the removal of E. Delafield Smith, counsel to the corporation of the city of New York, matured in the submission to me of all the papers which either party deemed necessary to a full hearing of the case, the bill under which the suits growing out of municipal frauds were transferred to the care of the Attorney-General was well advanced towards its passage, and soon after it became a law.
"So far as any urgency resulted from the connection of this case with those suits, that element disappeared; and in no other respect were the interests of good government in immediate jeopardy. In the mean time the absorbing demands of measures of canal reform, and the pressure of legislative business superseded all less urgent matters; and in accordance with the usual practice of the executive office, this case, with similar ones from other parts of the State, and with the mass of kindred business, was deferred until after the close of the legislative session, and after the action on the bills and appropriations left at the adjournment, I have now examined the voluminous papers submitted, and have carefully considered the facts and evidence which they present, with the aid of such other light as was within my power.
"I am of the opinion that acts are established which amount to causes of the nature contemplated by law, and which would at least be sufficient to induce a private client to change his counsel. It seems to me quite clear that a rule at least as stringent as would govern a private client ought to be applied for the protection of a great community besieged by many millions of unjust and fraudulent claims, which are prosecuted with the energy of private interests, and which are always able to obtain great advantages over the public in a contest of professional talent, skill, zeal, activity, and persistence. I have, therefore, executed a certificate of approval, which is herewith transmitted. I have the honor to be your obedient servant,
"Samuel J. Tilden."
CHARLES O'CONOR TO TILDEN
"Fort Washington, Sept. 30, 1875.
"Dear Sir,—The thing I apprehended, when suggesting doubts as to the expediency of removing Smith, begins to develop itself.