"For his negligence in permitting the escape there was, in fact, no ordinary civil remedy against the sheriff except a very trivial and inadequate one on his official bond. The proper steps for securing this measure of redress have been pursued with all proper diligence; and, until this time, there did not seem to be any utility in prosecuting any other line of action. But as Tweed may be again in custody at an early period, it has now become important to consider what course should be adopted for the purpose of rendering that custody safe and secure. As already stated, the remedies allowed by law against the delinquent custodian who allows his prisoner to escape are totally inadequate. Consequently, should Tweed be again in legal custody, there will be no effective security for his detention to meet the awards of civil and criminal justice, except what may be afforded by the personal and official fidelity and vigilance of the custodian.
"Your predecessor, Governor John A. Dix, made a public and official remonstrance against the palpable favoritism displayed towards this person in his then existing custody as a prisoner in the Penitentiary. During the same year the Sheriff of the City and County of New York, by gross negligence, suffered the escape of Genet, a convict of the same general class as Tweed.
"With these circumstances to excite vigilance, the present sheriff nevertheless allowed Tweed to enjoy a sort of free custody, precisely similar to that which had been accorded to Genet; and Tweed, availing himself of the facility, left the State.
"Would it be proper, on Tweed's return, to place him in charge of the same officer? I think you will answer this question in the negative.
"The Constitution, arts. 10, secs. 1 and 5, together with the act of 1848, Edmonds Statutes, vol. 3, p. 330, affords to you as Chief Executive the means of meeting the exigency. You can, on brief notice to him, remove the present sheriff and appoint a perfectly reliable custodian to receive the prisoner.
"Perhaps all the office I ought to assume in this matter properly ends here. But, when one acts at all in an important affair, he ought to do all that his best judgment dictates towards accomplishing the object in view.
"The history of Tweed's prosecutions, imprisonments, judicial releases, and ultimate deliverance from custody is well known to you and the public. To it I refer for a justification of my further remarks.
"The person whom you may appoint to fill the place made vacant by a removal of the present sheriff can hold only until the end of the present year. A new sheriff, elected by the people, with full notice of their needs in November next, will enter on his duties on the 1st of January, 1877. For the short term of about three months created by the removal, I take leave to recommend the appointment of General Francis C. Barlow. His persistent hostility to official swindlers, and his zealous activity in prosecuting Tweed to conviction, are well known to you. Tweed would not escape from his hands. I have consulted no one on this subject, nor have I any knowledge that General Barlow would accept the office. Should he do so, you will have well performed your duty; and, in any event, your tender of the appointment will effectually refute all assertions that you owe Tweed favor, or fear his disclosures.
"Yours, &c.,
"Ch. O'Conor."