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

by Samuel J. Tilden

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."