No. 179, dated Feb. 10, 1875$2,500 00No. 181, dated Feb. 10, 18759,355 00No. 182, dated Feb. 10, 18754,000 00No. 183, dated Feb. 10, 18751,000 00No. 185, dated Feb. 10, 18752,000 00[Nos. 179, 181, 182, and 185 were returned by Lewis J. Bennett;No. 183 was returned by Wm. H. Bowman, Esq.]Returned in cash by Lewis J. Bennett, on account of the first John Hand award3,199 50Cash returned by Ellis Webster and Son, on account of money received on false vouchers582 68Forward$22,637 18
Returned in cash by Lewis J. Bennett, on account of the first John Hand award
Carried forward$22,637 18Plenary authority conferred upon the Commission by the parties interested, to cancel the Canal Commissioner's certificates of Feb. 10th, 1875, issued on account of the second John Hand award, delivered as a gift by Lewis H. Bennett to Thad. C. Davis, then Canal Appraiser; by Davis given to ex-Canal Commissioner Alexander Barkley, who claims to have mailed it to Lewis H. Bennett, though it appears from the evidence before us that, if mailed, it never reached him2,000 002,000 00Canal Commissioner's certificate, No. 184, issued Feb. 10th, 1875, under the second John Hand award, to Lewis J. Bennett, for $16,000, by him delivered under an agreement to the agent of Geo. D. Lord, and rendered void through testimony elicited by the Commission16,000 0016,000 00$40,637 18Accrued interest to February 14, 18762,259 21Total$42,896 39
Plenary authority conferred upon the Commission by the parties interested, to cancel the Canal Commissioner's certificates of Feb. 10th, 1875, issued on account of the second John Hand award, delivered as a gift by Lewis H. Bennett to Thad. C. Davis, then Canal Appraiser; by Davis given to ex-Canal Commissioner Alexander Barkley, who claims to have mailed it to Lewis H. Bennett, though it appears from the evidence before us that, if mailed, it never reached him
Canal Commissioner's certificate, No. 184, issued Feb. 10th, 1875, under the second John Hand award, to Lewis J. Bennett, for $16,000, by him delivered under an agreement to the agent of Geo. D. Lord, and rendered void through testimony elicited by the Commission
"The following sums are shown by the reports of this commission to the Executive to have been estimated to the contractors for work that was never performed, or was improperly paid for through erroneous classification, and for which the receivers should be required to make restitution:
Denison, Belden & Co.:Port Schuyler to lower Mohawk aqueduct$157,337 02Denison, Belden & Co.:East of the city of Utica16,121 35Willard Johnson:Lower side-cut lock, West Troy30,595 65Denison, Belden & Co.:Bullard's Bend contract85,547 62E. W. Williams:Building vertical walls at Rome3,041 08Flagler & Reilley:Fort Plain contract5,845 35S. D. Keller:Jordan Level contract36,568 39N. S. Gere:Jordan Level contract8,801 90Thomas Gale:Jordan Level contract6,667 94Hiram Candee:Jordan Level contract17,567 33$368,093 63Add to this the balance yet due for money paid under the first John Hand award30,782 36Total$398,875 99
"Large as these sums appear, we are fully impressed with the belief that they form but a fraction of the amount that is due to the State from similar sources.
"For the purpose of ascertaining more precisely the extent of this class of liabilities, and to protect the State in future from the irregularities and improvidence out of which they have arisen, we recommend that the Canal Board be clothed with ample powers and authority for taking testimony.
"A perusal of the testimony and the reports to the Executive herewith submitted clearly establish the fact that our canals are a burden to the States less, perhaps, through the imperfection of our laws, than the mode in which they have been administered.
"Every appropriation for new work and extraordinary repairs on the canals for the six years from 1867 to 1873 contained a provision that no part or portion of the money therein appropriated 'for new work or work on change of plan' should be expended or paid, nor any contract involving such expenditure and payment be made on behalf of the States, until the maps, plans, and estimates of such new work had been submitted to and approved by the Canal Board.
"There has been a law on the statute-books since 1850, yet more stringent, which provides that 'before any work shall be contracted for on any canals of the State the division engineer shall cause to be ascertained, with all practical accuracy, the quantity of embankment, excavation, and masonry, and the quality and quantity of all materials to be used, and all other items of work to be placed under contract, a statement of which, together with maps, plans, and specifications corresponding with those adopted by the Canal Board, and on file in the office of the State Engineer and Surveyor, shall be publicly exhibited to persons proposing for work to be let.'
"These most explicit provisions of law have been very rarely observed. Contracts have not only been let without the preliminary surveys, maps, plans, and estimates, but one of the most familiar abuses on the canals of late years has been to change the plan of work after the contract is signed, by which the contractor gets relieved from the unprofitable portions of his work, and is furnished a pretext for establishing a new scale of prices, in connivance with the auditing officers. Illustrations of this method of defraudingthe State may be found in several of the reports submitted to the Executive. The most costly one to the State is described in our first report. The contract for substituting slope and vertical wall for the bench wall between the Port Schuyler and the lower Mohawk aqueduct provided originally for 14,000 cubic yards of slope wall and only 9000 of vertical wall. As if distrustful of the influence of the contractor over its own agents, the Legislature, within six months after the time this work could have begun, in appropriating money to carry it on, absolutely prohibited the expenditure of more than five per cent. of the appropriation for vertical wall. Regardless, however, of this restriction, and regardless of the terms of the contract which provided for twice as much slope as vertical wall, nearly ninety-five per cent. of the cost of the work on that contract was incurred upon vertical wall and work incident to such construction, while not a single yard of slope wall was built; and as a consequence, an improvement which could have been readily and well done for the original appropriation of $84,645 has already cost the State about half a million for wretched work, and is still far from completion. No attention was ever paid to the provision of the act requiring the change of plan from slope to vertical wall, with the maps, plans, and estimates for such new work to be submitted to and approved by the Canal Board, and advertised and let to the lowest bidder.
"Nor does the infidelity of the State's agents appear to have stopped here. While the records of the canal commissioners and of the Canal Board certify that the preliminary surveys, maps, plans, specifications, estimates, etc., required by law were actually produced before them and approved by them and by the State Engineer; in point of fact, no such precautions for the protection of the State, so far as we have been able to ascertain, were actually taken.[8]
"It is obvious that the abuses to which we have invited your attention cannot be remedied except:
"First, by concentrating responsibility for the administration of the canals in fewer hands;
"Second, by lodging somewhere a more efficient power for the suspension or removal of offenders;
"Third, by providing more specific, complete, and efficientlaws for preventing and punishing abuses when disclosed; and,
"Fourth, by providing for the vigorous prosecution and punishment of unfaithful servants.
"Under the present organization the responsibility for a non-compliance with the provisions of the laws for the repair and maintenance of the canals is so distributed between nine State officers, composing the Canal Board, and the auditor, the superintendents, the division, resident and assistant Engineers, that it is nearly impossible to bring any one of them to justice, unless all, or at least a large majority, are of accord in that purpose. Could one person be held responsible for the acts of all of his subordinates, the remedy would be simple and probably adequate. Should the people ratify the proposed amendment of the Constitution, which is designed to clothe a new officer, to be called Superintendent of Public Works, with the powers now vested in the canal commissioners, together with other powers necessary to his functions, this evil of divided responsibility will be greatly diminished. At present the powers of removal and suspension of unfaithful officers are altogether inadequate.
"We recommend, in addition, that the division and resident engineers, and such others engineers as it may be necessary, in the opinion of the State Engineer and Surveyor, to employ temporarily upon any particular work, should be appointed by the State Engineer and Surveyor, with the approval of the Canal Board, subject to removal by the State Engineer and Surveyor alone. In case of every such temporary employment, we would recommend that the rate of compensation be fixed by the Canal Board before such person employed enters upon duty; that he be required to file the usual oath of office, and that he be only paid by the auditor of the Canal Department upon his oath to the correctness of the items charged for expenses and time, and a certificate of the approval of the State Engineer and Surveyor attached.
"No modification of the Constitution or of the law, however, will ever work any substantial reform unless adequate provision is made in some way for a more vigorous prosecution of unfaithful servants. The law is no protection unless its penalties are enforced against those who violate it; the justice that sleeps might as well be dead. Hadthe laws been enforced promptly when they had been notoriously violated, our canals would not only now be out of debt, but a fruitful source of revenue to the State. It is our conviction that the Legislature will do well to see if this arm of the government ought not to be strengthened. The evidence here submitted will show that very large sums of money have been taken annually from the State by the fraudulent connivance of the State agents with contractors, which should be reclaimed and restored to the treasury and an example made of all the parties participating in the robberies. The preparation of the testimony in these prosecutions, covering, as it must in most cases, a series of years, the actions of a large number of public officers, and servants, and involving a scientific examination of great varieties of work and a familiarity with the principles of engineering and the field work of the engineers, and with the accounts preserved in our public archives, will involve an amount of labor and expense for which at present there is no adequate provision.
"The commission was occupied in the taking of testimony until after the present session of the Legislature had commenced. The testimony could not be written out by the stenographer and put into the hands of the printer until the latter part of the month of January. This will explain any apparent delay in the transmission of this report, there being obvious inconveniences in sending part in print and part in manuscript. There has been no delay in its preparation, except what was the natural and inevitable result of efforts of the commission to render its contents readily accessible to your Excellency and to the legislative bodies.
"For the expenses of the commission the sum of $30,000 was appropriated by the last Legislature. The expenses will exceed this sum about $5000, for which we respectfully ask an appropriation. For greater convenience in presenting the testimony taken, we had it printed at a cost of over $4000. This, together with the legal expenses growing out of the proceedings to establish the authority of the commission to compel the production of books and papers and the witnesses to testify, occasioned this deficiency.
"John Bigelow,"D. Magone, Jr.,"A. E. Orr,"John D. Van Buren, Jr.
"Albany,February 14, 1876."
"The commission to investigate the affairs of the canals of the State present to the honorable commissioners of the canal fund:
"That Hon. Francis S. Thayer, Auditor of the Canal Department, has violated his duty as such auditor 'in respect to the public moneys in his charge and subject to his draft':
"First.—In that, on the 21st day of July, 1874, he procured the passage of a resolution by the commissioners of the canal fund whereby $200,000 of the sinking fund was directed to be invested in the taxes to be levied pursuant to chapter 462 of the laws of 1874; and after procuring the passage of such resolution did set apart said sum in violation of the Constitution. That the auditor's motive was to benefit George D. Lord. That in carrying out such intent the auditor paid $120,497.02 of said sum of $200,000, so set apart, within two days thereafter to Thad. C. Davis, as the agent of George D. Lord. That this was a violation of the Constitution, see article seven, sections two and thirteen. That the auditor is responsible for this misapplication of money, see his testimony, pages 2544, 2546.
"Second.—In that, on or about the 1st day of December, 1874, there being money subject to the warrant of the auditor for that purpose, the said auditor refused payment to S. R. Wells, administrator, of an award in his favor for $5207.50 on the false pretence that he had no funds, and immediately after such refusal negotiated the purchase, and did purchase, the said award at about $200 less than it called for of principal and interest, and on the 9th day of February, 1875, audited the said claim at the sum of $5454.92, and drew his warrant therefor in favor of George A. Stone, as assignee.
"George A. Stone had no interest in the transaction, and the auditor testifies that it was purchased for his brother-in-law, E. J. McKie. As to the evidence of this charge, see testimony of S. R. Wells, page 37 (folio 513 to folio 517); testimony of D. Willers, Jr., page 42 (folios 571 and 572); testimony of the auditor, pages 2507-2511; that the profit went to the benefit of the auditor, see pages 2595.
"Third.—In that, on the 11th day of March, 1875, there being money subject to the warrant of the auditor for thatpurpose, the said auditor refused payment to George M. Case of an award in his favor for $9768.71, on the false pretence that he had no funds, and, immediately after such refusal, negotiated the purchase, and did purchase, the said award, including accrued interest, at $10,510.73, and did on the twentieth day of May thereafter audit said claim for the full amount thereof, including interest, to wit, $10,730.60, and drew his warrant therefor in favor of George A. Stone, assignee.
"George A. Stone had no interest in the purchase, as appeared by his testimony, pages 2160-2229, and the auditor testified that he made the purchase for his brother-in-law, E. J. McKie.
"As to the evidence, see testimony of Auditor Thayer, pages 2507, 2586, 2595.
"Fourth.—In that, on the 15th day of March, 1875, the auditor purchased a certificate in favor of E. H. French for $1184.26 at a discount of $24.64. It was paid May twentieth thereafter at its full face. As to evidence of this transaction, see testimony of Auditor Thayer, same pages and folios referred to above as to George M. Case's certificate.
"Fifth.—In that, on the 12th day of April, 1875, the auditor purchased sixteen canal commissioners' certificates, amounting in the aggregate to $29,962, from Nehemiah L. Osborne at a discount of seven per cent. per annum from the face thereof, but for what length of time the discount was made we are unable to ascertain, further than that the time was in excess of the time between the purchase and payment by the auditor.
"These certificates were paid May 20, 1875, to George A. Stone. That the auditor derived a personal advantage from this transaction, see testimony of George A. Stone and of Auditor Thayer, pages 2229, 2595.
"Sixth.—In that, on the 28th day of April, 1875, the auditor purchased from H. D. Denison five canal commissioners' certificates, of the aggregate amount of $49,610, at a discount of seven per cent. per annum, but for what time he discounted them we have not been able to ascertain, further than that it was in excess of the time between the purchase and payment. On the twentieth day of May thereafter the auditor audited said certificates and drew his warrant for the payment thereof in favor of George A. Stone,assignee, at $50,542.06, and the amount gained went to the personal advantage of the auditor. As to evidence of this transaction, see testimony of George A. Stone, page 2229; Francis S. Thayer, page 2476.
"Seventh.—In that, on the 29th day of April, 1875, the auditor purchased from H. D. Denison six canal commissioners' certificates, of the aggregate amount of $30,687, at a discount of seven per cent. per annum, but for what length of time he discounted them we have not been able to ascertain, further than that it was greater than the time between the purchase and payment; that on the twentieth day of May thereafter the auditor audited these certificates and drew his warrant therefor in favor of George A. Stone at $31,153.03. That the personal gain from this transaction went to the personal advantage of Francis S. Thayer, see his testimony, page 2595.
"Eighth.—That the auditor drew his warrant in payment for a canal commissioners' certificate, in favor of John D. Hamilton, for $38,000, on the 28th day of June, 1875, in violation of law in this: that he paid it without the sworn certificate of an engineer, as required by statute.
"Ninth.—In this, that the auditor, in June, 1875, purchased a canal commissioners' certificate, subject to his own audit, from James P. Buck, for $6496.28, at a discount of ten per cent. For the evidence of specification, see testimony of James P. Buck, page 2216.
"The auditor claims he made this purchase for his brother-in-law, E. J. McKie.
"Tenth.-In this, that on the 2d day of July, 1875, the auditor purchased canal commissioners' certificates, subject to his own audit, to the amount of $49,953.91, at a discount of eight per cent. and accrued interest, in favor of the purchaser. For evidence of this purchase, see testimony of Willard Johnson, page 2386; testimony of F. S. Thayer, page 2514.
"Eleventh.—In that, in addition to those above enumerated, the auditor purchased, between the 9th day of March and the 14th day of July, 1875, canal commissioners' drafts and certificates, subject to his own audit, to the amount of $64,959.81, all of which he afterward audited and drew his warrants in payment thereof. As to the evidence of these several transactions, see testimony of George A. Stone, page 2241; that the auditor derived a direct personal advantagefrom these transactions, see testimony of Francis S. Thayer, page 2595.
"John Bigelow,"A. E. Orr,"John D. Van Buren, Jr.,"D. Magone, Jr.,
"Commissioners."
"The undersigned hereby certify that, at a meeting of the commissioners of the canal fund, held at the Canal Department, in the city of Albany, on the 28th day of December, 1875, at 10 o'clockA. M.,
"Present—William Dorsheimer, Lieutenant-Governor; Diedrich Willers, Jr., Secretary of State; Nelson K. Hopkins, Comptroller; Thomas Raines, Treasurer; Daniel Pratt, Attorney-General,
"The following proceedings were had:
"On motion of the Attorney-General, it was
"Resolved, That a requisition is made upon his Excellency the Governor to suspend Francis S. Thayer, the auditor of the Canal Department, and to appoint a suitable person to perform his duties, if it shall be made to appear to him that the said auditor has violated his duty in respect to the public moneys in his charge and subject to his draft, the particulars of which alleged violations of duty appear in the report of the commission to investigate the affairs of the canals of the State, which has been submitted to this board, and which is herewith transmitted.
"The members of the board who voted in favor of the adoption of said resolution were as follows: The Lieutenant-Governor, Attorney-General, and Secretary of State. The Comptroller voted in the negative. The Treasurer was not present when the vote was taken, by reason of illness.
"William Dorsheimer,"Lieutenant-Governor."Daniel Pratt,"Attorney-General."Diedrich Willers, Jr.,"Secretary of State."
"State of New York: Executive Chamber,"Albany,December, 1875.
"Whereas, The commissioners of the canal fund, by their requisition hereto annexed, have required or recommended the suspension from office of Francis S. Thayer, the auditor of the Canal Department; and, whereas, it has been made to appear to me that the said Francis S. Thayer, as such auditor, has violated his duty in respect to the public moneys in his charge and subject to his draft;
"Now, therefore, in pursuance of the provisions of section 2, of chapter 783 of the laws of 1857, I do hereby suspend the said Francis S. Thayer from his office as auditor of the Canal Department.
"In witness whereof, I hereunto set my name and cause to be affixed the privy seal of the State this 28th day of December, 1875.
{ State of New York. }{ Excelsior. } "Samuel J. Tilden."{Executive Privy Seal.}"By the Governor,"Chas. Stebbins,"Private Secretary.
"Indorsed: Order by Samuel J. Tilden, Governor, suspending Francis S. Thayer, auditor of the Canal Department.
"Filed December 28, 1875, at four and a half o'clockP.M.
"Diedrich Willers, Jr.,"Secretary of State."
"New York,May 19, '76.
"Governor Tilden,—We ended our work on the commission last Tuesday.
"I regret that I could not see you and say farewell, and wish you God-speed in the work with which you are so prominently identified.
"I leave in the faith that fearless honesty will place its heel on fraud and corruption, and that you will be the standard-bearer selected at St. Louis and surely prove victorious in November next.
"The best men of each party are beginning to see the necessity for just such action, and you are daily receiving numerous recruits.
"Don't give way an inch.
"Very respectfully, your friend,"A. E. Orr."
[From the New York "Tribune" (Republican) of May 27, 1876.]
[From the New York "Tribune" (Republican) of May 27, 1876.]
"Mr. Tilden is by no means the only Democrat at the East whom good citizens might rejoice to see nominated for the Presidency. His name would undoubtedly do honor to the ticket to be made at St. Louis; but it is not essential to the credit of the party, and if some of his own political brethren are bitterly opposed to him, that is, in one sense, a family affair, over which the outside world need not greatly vex itself. As an indication of the tendencies of the Democratic party, however, the causes of the hostility to Tilden becomes a matter of national concern. The first serious manifestation of enmity came from Tammany Hall, and it finds expression in the columns of theExpress, where it is alleged that Gov. Tilden has made use of his position to organize a personal party. But this is such a strange complaint to come from the Tammany Hall autocracy that there must be something more behind it. TheWorld, whose change of proprietorship is generally interpreted as a blow at Mr. Tilden's pretensions, has not a word to say against the Governor; it only insists, with good sense and good temper, that there are other eminent Democrats whose merits and whose chances are entitled to consideration. But on Wednesday a conference of leading Democratic politicians was held at Albany to consider how Mr. Tilden could be most conveniently thrown overboard, and from them it would seem that we ought to obtain some light upon the interesting question which neither theWorld, nor theExpress, nor Tammany has seen fit to answer. There were present at this conference Chief-Justice Church and Justice Allen,ex-Lieut.-Gov. Beach, ex-Gov. Hoffman, ex-Speaker Littlejohn, and other well-known men, and the judgment of the meeting is understood to have been unanimous that Mr. Tilden, having alienated a large faction of the Democracy, is not the man for St. Louis.
"We mean no reflection upon the integrity of any of these estimable gentlemen, but it is a significant fact that pretty nearly all the most reputable Democrats whose names have been, either rightly or wrongly, connected with the Tweed and Canal Rings, were found on Wednesday in their company. It was probably not the fault of Judge Church and Judge Allen that the Canal Ring and what was left of the old Tammany Ring united in 1874 to run them both against Tilden, first one and then the other, in the canvass for the nomination; but it was certainly their misfortune. That fight of the Rings against Tilden was a matter of notoriety, and the nomination of our present Governor, instead of Judge Church or his cousin, Judge Allen, was generally recognized throughout the State as a triumph of the better elements of the Democracy over the thieves and corruptionists. It seems to be the same fight that is renewed now. Judge Allen is known as the author of the much-criticised decision of the Court of Appeals which released Tweed from Blackwell's Island. Mr. Beach is remembered as the gentleman who made such a strange exhibition of himself last Summer by publishing a card in which he intemperately denounced a report of the canal investigating commission as "unfounded in every particular," and who then, being subpœnaed by the commission, swallowed his card and convicted himself of official neglect out of his own mouth. The history and affiliations of ex-Gov. Hoffman are well enough known.
"Altogether, it may be said that the Albany conference only brought to the front the men who have always been recognized as Governor Tilden's enemies and rivals, and who, from their peculiar positions, could not be his friends, not because they are not personally good men, but because a reform movement cannot be carried on in New York without hurting their allies and adherents. And if we go outside the State we find the anti-Tilden sentiment confined to the Western inflationists and communists, who hate every man that believes in a dollar, and are perfectly frank in the declaration of their sentiments. Now, as we have said before,the Democratic party is not so poor that it can name no one for the Presidency whose fitness is not so marked as Mr. Tilden's; but if he is to be thrown overboard the country has a right to insist that the reasons for his rejection shall be made quite clear; otherwise it is sure to draw unpleasant conclusions. The Democratic candidate, whoever he may be, must be a man whom repudiators, canal thieves, and the relics of the old Tammany cannot support."
[From the "Sun," April 7, 1900.]
"A man with half a memory writes a long letter to theEvening Postof this city recalling the circumstances of the once-famous Fifth Avenue Hotel Conference of May, 1876. He thinks the political situation is ripe for another such demonstration on the part of eminent citizens who do not want to vote for McKinley again, yet view with apprehension the probability that Bryan will be the alternative choice. There is as much time now before the two great nominating conventions, he points out, as there was when Carl Schurz and others met in the Fifth Avenue Hotel to save the country. A quarter of a century has considerably idealized his mental picture of that conference and its results. This is his description of it now:
"'It was a gathering of the foremost patriots in the nation, regardless of party affiliations, to discuss the political situation and suggest to the country a programme for the Presidential canvass which was soon to begin. There were philosophers and scholars of the first rank, eminent lawyers, and brilliant editors, and men who had won renown in many a fierce campaign as "practical" politicians and popular leaders. The call which brought them together distinctly disavowed the idea of nominating a candidate or framing a platform, except, possibly, in the barest outlines. The whole purpose of the conference was to end at one stroke some of the false conditions against which the conscience and intelligence of the country were in revolt, but not to pull down anything for which it was not prepared to offer something better as a substitute.'
"This conference to which the writer in theEvening Postrefers in terms of reverence, amounting almost to awe, met at the Fifth Avenue Hotel on May 16, 1876, in responseto a call signed by Mr. Schurz and a few others. There were present about two hundred gentlemen, mostly of the type which afterward came to be known as the Mugwump; that is to say, the type addicted to proclaiming its superior intelligence and conscience in political affairs. As might be expected, the Hon. Carl Schurz, the Flying Dutchman of American politics, was the most conspicuous figure. He made the principal speech, and he was chairman of the committee which prepared and reported a pretentious 'address to the country.' This address to the country constituted the sole fruit of the conference's deliberations.
"Let us supplement the half-memory of the man who wants another such demonstration of the foremost patriots, philosophers, and scholars, under the leadership once more, as we assume from the tone of his letter, of the Hon. Carl Schurz. At the time the conference met there was nothing murky in the political situation. On the Republican side the nomination of Governor Hayes, of Ohio, was clearly indicated. TheSunhad predicted it long before the patriots and philosophers assembled. Mr. Blaine was an aggressive candidate, and there was some third-term talk about Gen. Grant; but the Conkling-Blaine feud and the Bristow disaffection already rendered practically certain the nomination of a compromise candidate not identified with either faction, and the logic of the situation pointed directly to Governor Hayes. On the other side everything was shaping towards the event which occurred at St. Louis six weeks later, the nomination on the second ballot, by far more than the required two-thirds majority, of Samuel J. Tilden, a statesman and reformer representing with singular closeness the ideal which was declared to be in the minds of Mr. Carl Schurz and his associates.
"That celebrated address which Mr. Schurz drafted, with the assistance of the intelligence and conscience of the country, could scarcely have called more pointedly for Tilden and barred out Hayes as the President desired by the foremost patriots, philosophers, and scholars, had it mentioned their names. We quote from Mr. Carl Schurz's address to the country:
"'We shall support no candidate who, however favorably judged by his nearest friends, is not publicly known to possess those qualities of mind and character which the stern task of genuine reform requires, for the American peoplecannot now afford to risk the future of the republic in experiments on merely supposed virtue or rumored ability to be trusted on the strength of private recommendations.
"'The man to be intrusted with the Presidency this year must have deserved not only the confidence of honest men, but also the fear and hatred of the thieves.
"'The country must now have a President whose name is already a watchword of reform, whose capacity and courage for the work are matters of record rather than promise.'
"There was much more of the same sort in the address which Mr. Schurz signed and the Fifth Avenue Hotel conference issued. Within a few weeks the Republican party nominated the man whose capacity and courage for the work of reform were matters of promise only, and the Democracy put up the statesman already publicly known to possess those qualities of mind and character which the stern task of genuine reform required.
"What was the sequel? A few weeks later the Hon. Carl Schurz, the author of all the high-sounding professions in the address to the country, was hard at work persuading citizens of the Mugwump type to cast their votes for Hayes and against Tilden; and a few months later, after Mr. Hayes had failed to secure a majority of the electoral vote, but had been counted into the office to which Mr. Tilden was elected, the Hon. Carl Schurz, reformer and leader of the Fifth Avenue Hotel conference, got his pay for partisan activity; it came in the shape of a Cabinet appointment, which he promptly accepted.
"Such is the true story of the May conference of 1876."
"Confidential.
"Selma, Ala.,June 3d, 1876.
"Hon. Montgomery Blair.
"Dear Sir,—I have had two valued favors from you—the last of 25th May. I was chosen as a State elector, and also as a State delegate to St. Louis by our recent convention. It was very large, fully representative, unusually able, and harmonious. The delegation to St. Louis is very able, comprising many of our best men. No instructions were given.I did not even hear much discussion of candidates. The great leading thought is success, and to gain this every man will sacrifice all his preferences for any particular candidate. I think I may state safely (but I do it in personal confidence) that not more than two of our twenty delegates favor now the nomination of any other person but Mr. Tilden. One of these stated to the convention that he was under no pledges to any man. This state of opinion is the result of close scrutiny of the drift of sentiment in the Northern States, and especially in New York. The recent movement of Church and Kelly and others has deceived no one here.
"I am satisfied that Alabama will be very reluctant to take such a lead as would have the appearance of dictating the candidate to the Northern States. The North ought to settle its differences about the minor and purely political question of currency laws and allow us to unite with them in demanding a pure government which will give them a chance for life. If they force us to choose, however, we will certainly be directed solely by the consideration of 'success.' We can't afford to risk anything to gratify a predilection. If you could, Bayard would get the State. I was at Montgomery at the time you refer to as a member of the convention of 1861. I do not remember that Mr. Bayard was there. I feel satisfied he was not there.
"As his friend I would prefer to see him wait a time and mature more thoroughly his great powers in the school of experience. Still, he would now be a most acceptable President to all the people of the Southern States.
"My conviction remains unshaken that Mr. Tilden is the strongest man in N. Y.; that he is an honest Democrat from principle; that he acts squarely on his convictions in everything; that his record is one to inspire confidence in the people; that he will attack fraud and corruption wherever he meets them, without fear or hesitancy; and that his good sense, and the best interests of his own State, will lead him to give to the country with which the great commercial cities are so intimately associated in the means of prosperity,peace and protection, while it is working out with honest toil its redemption from poverty and distress. This is all we need. We do not wish the power that springs merely from the weight of numbers in the electoral colleges. We wish no offices, or, rather, we need none, and our wisest menwill be glad if we get but few. Let us alone, and we will soon become richer than we have ever been.
"Genl. E. W. Peters, who is Col. Denison's law partner, is in our delegation, and will probably be our chairman. He is a hard-money Democrat, and is much impressed with the necessity of Mr. Tilden's nomination as a matter of success.
"Very truly yours,"Jno. T. Morgan."
On the 28th of June the Democratic National Convention at St. Louis nominated Mr. Tilden for President.
The whole vote on the second ballot was 738; necessary to a choice, 492. Tilden had 535; Hendricks, of Indiana, 66; Allen, of Ohio, 54; Parker, of New Jersey, 18; Hancock, of Pennsylvania, 59; Bayard, of Delaware, 11; Thurman, of Ohio, 2. Indiana seconded Pennsylvania's motion to make Mr. Tilden's nomination unanimous, and it was adopted.
In the month of June, 1876, Governor Tilden received a note from a citizen of Minnesota complaining that he could get no evidence of any success achieved by the Governor in his war upon the Canal Ring, and that it was thrown in the face of the people out there that nothing had been accomplished. His letter concludes as follows: "Now, if ever I have seen any disposition of these cases of corruption it has escaped my memory, and to be prepared to answer our assailants on their only one point, with an earnest desire to convert them to Tilden and reform, is solely the object of my writing."
To this letter Tilden wrote the following reply, dated June 15, 1876: "Your letter of June 12th has been handed to me. In reply, I would like to state that it takes time to obtain the evidence and prepare the actions, civil and criminal, in such cases as those against the members of the Canal Ring. The machinery of justice under the State government has not the unity and efficiency that it has under the Federal government, where the district attorneys and marshals are appointed by the Chief Executive instead of being elected in their localities. On the whole, however, thesecases have proceeded with more rapidity than could have been expected under the circumstances. You will have become, doubtless, aware before this reaches you that George D. Lord was convicted a few days since at Buffalo. The principal civil suit against Beldon, Denison & Co. is set down for trial on the 12th of July. The trial was put off for a few weeks by the court against the opposition of the Attorney-General. The most important thing, of course, was to break up the system, and that has been done. A secondary object is to deter from the commission of similar offences in future, and that work is going on satisfactorily."
"Springfield, Ill.,June 21, 1876.
"To Gov. Sam. J. Tilden,"15 Gramercy.
"The ChicagoTimesto-day says that you were chairman of platform committee in eighteen hundred and sixty-four which put forth the famous peace resolution pronouncing the war as a failure. Please telegraph the fact. Large majority of this convention for you.
"P. H. Smith."
"June 21, 1876.
"To Perry H. Smith,"Springfield.
"Your telegram shown me. Governor Tilden was not chairman of platform committee of Chicago convention. James Guthrie was. Tilden opposed resolution containing phrase speaking of war as having thus far failed to restore the Union in committee; got it stricken out; refused to agree to resolution with it in. It was then irregularly restored. Tilden refused to agree to resolutions at all stages, and sent messages by me to McClellan advising him to discard it in letter of acceptance. Tilden made speech in New York delegation against resolution, which was briefly reported by me inWorld, and is copied inCourier-Journaltelegraphs. I was present in New York delegation and at meetings of committee or in adjoining room."
At the Democratic convention of the State of New York, held at Utica, May, 1876, Governor Tilden was recommended as a candidate for President to the National Democratic Convention, to be held at St. Louis on the 26th of June following. At the meeting of that convention an informal ballot disclosed such a decided partiality for Mr. Tilden over either of the other candidates that he was nominated on the next ballot.
"Garden City, L. I.,June 29th, '76.
"To his Excellency,Gov. Samuel J. Tilden.
"My dear Governor,—I cannot refrain from offering you my sincere congratulations on your nomination to the exalted office of the President of the United States. As a quiet observer of the political events of the nation, I know of no one in my day that has afforded me so much satisfaction, and sincerely hope and believe that the wisdom shown by the selection at St. Louis will be fully ratified by the great mass of our people in November next. We require reform in politics, religion, and morals, and I am convinced that we will receive them generously at your hands. The whole government of the nation has been corrupt—desperately corrupt—and the honor and glory of applying the antidote, I am convinced, will belong to you. If the fact of your nomination does not enhance the material values of the nation I am sure your election will do it. Already I seem to breathe a new atmosphere, as is the case with every well-wisher of the country.
Sincerely yours,"J. Hooker."
"61 Wall St., N. Y.,June 29, '76.
"My dear Governor,—Your letter was well received yesterday at Union College, and I am glad you sent it.
"I got down last evening just in time to hear of your nomination in the street and take into your house the news. Heaven grant you may be elected. The country needs that, far more than you do or can desire it.
"Faithfully yours,"Clarkson N. Potter."
"New York,June 29, 1876.
"My dear Governor Tilden,—I congratulate you most heartily. Whatever may be the fortunes or the fate of the coming struggle, there is nothing but satisfaction to your old friends in your well-earned victory at St. Louis, and you can well understand how specially gratifying it is to
"Yours sincerely,"William Allen Butler."
"New Brighton, Staten Island,July 3, 1876.
"My dear Governor Tilden,—No one has been more delighted than I by your nomination; and you, knowing how much I have desired it, may have been surprised at not receiving any word of congratulation from me.
"The truth is that, at a time when the mails and the wires have been burdened with messages of felicitation for you, it seemed that you would scarcely care to have any formal expression from those of whose regard and support you were already assured. I may have been wrong in this feeling, and perhaps I should at once have written to tell you how much I was rejoiced at your nomination, and how thoroughly I have admired your noble fight against the worst constituents of our politics—culminating in your victory, at the St. Louis convention, over all the jobbing elements of the party, which were strengthened by a most unprecedented and venomous opposition from your own State.
"My gratification at your nomination has, however (I must confess), been mingled with deep regret at the phrase in the platform which denounces the resumption clause of the act of 1875. I know as well as any one the fraudulent character of that act—I know that the Cincinnati convention refused to endorse it—but, nevertheless, I feel that it was a solemn pledge of the national faith, a pledge which cannot be repudiated without discredit, not to say, disgrace.
"The act of 1875 was a settlement—unsatisfactory and inadequate, no doubt—but still a settlement which, in every point of view, should (as it seems to me) be respected. If present legislation is inadequate to carry it into effect, freshlegislation should be provided. If the time that remains is now too short to make effectual provision for resumption, the period should be extended to admit of proper preparation. But to say (as the platform does) that the resumption clause is itself an obstacle to resumption, and to propose its naked repeal, is (as it seems to me) to talk nonsense, and, what is worse, very dishonorable and disgraceful nonsense.
"Knowing how thoroughly sound you are on this subject, I cannot but believe that you will take some occasion (probably in your letter of acceptance) to relieve yourself and your supporters from the odium of permitting the phrase to pass without explanation. I observe that Mr. Hendricks exults in the expression, as being equivalent to an abandonment of any policy looking towards resumption by the government. But the phrase is capable of receiving a different interpretation, as was shown by one of the Ohio delegates in the convention, who said that it might be taken to express a disapproval of the resumption clause only because it did not contain sufficiently vigorous provisions for a sufficiently early resumption. But if nothing should be said by you, I am satisfied that the interpretation of Mr. Hendricks is the sense which will be affixed to the platform both by friends and foes; and it is a sense which (in my judgment) will do very great harm, and, indeed, is already working mischief.
"I trust that you will not consider it impertinent in me to write thus strongly and with so much frankness. I feel very strongly that the conservative sentiment of this country will not willingly see the settlement of 1875 rudely and thoughtlessly repudiated; and I am confident that not only is this the real feeling of the country, but that it is a noble and honorable sentiment which cannot with impunity be disregarded by those who represent a reform of politics.
"You may be very sure, my dear Mr. Tilden, that if I had not a very genuine confidence in you, and an earnest desire for your success, I should not have ventured to write you thus. Pray take this view of my letter, and believe me,
"Yours most sincerely,"Robt. B. Minturn.
"His Excellency S. J. Tilden, &c., &c., &c."
"Personal.
"New York, 23 Park Ave.,July 9, '76.
"My dear Mr. Bigelow,—I am sorry that I missed you on Saturday. I had just run over to the Phelps' to assist them in some of their final preparations in sailing again for Europe. You know they took my niece over, returned with her to nurse her, went with me to the West to bury her, and are now just starting back to try to get up their own health again.
"I would like very much to talk over the political situation with you. I am exceedingly sorry that the Hendricks nomination and the platform seem to shut us up to the support of Hayes. At the same time, I feel like congratulating the independent press and honest men of all parties on the great reform they have succeeded in securing in forcing unobjectionable nominations from the Republicans, and compelling the Democrats to take Tilden. It does not seem to me by any means clear that he will not be elected. If he is we ought all to pray night and day that his health may be preserved to protect us against Hendricks.
"Very truly yours,"Whitelaw Reid."
"New York,July 10, '76.
"My dear Sir,—Gov. Hayes leaves to you a clear field. Since reading his letter I am the more confirmed in the views which I hurriedly expressed on Saturday. You now have a great opportunity to do two things: first, to make the country see that the resumption of specie payments meansmeasures, and notbarren promises; that the attitude of the Republicans in regard to specie payments is like the attitude of the government in regard to its notes—the holder asks for payment, and he gets another paper promise; the country asks to have specie payments restored, and it gets the law wh. says it shall be done in 1879, but takes no step towards a fulfilment of the pledge. Secondly, you now have a grand opportunity to show the inflationists of our own party that they indulge a false alarm about contraction; that the very gist of the problem is to avoid contractionthat will hurt anybody by putting the finances of the govt. into a condition to supply a circulating medium that will appreciate in value from the moment of the enactment of the very first measure, and will go on appreciating until it becomes at par with gold in the market and in the purchasing and paying power.
"Let the people see that you are not, as your rival certainly is, a mere puppet in the hands of others. Speak, speak as ifex-cathedra; for your position is now one that will cause anything you say, that appears to come fromconscious power to handle the subject, to sink deep in the public mind. Your opponent not only shows no such conscious power, but he shows that he possesses no more of it than a child; in which respect, indeed, he is a good average representative of his party. Now is your time to strike a blow that will be felt.
"Yours very truly,Geo. Ticknor Curtis."
"Gov. Tilden.
"Spring House, Richfield Springs, N. Y.,July 11, 1876.
"My dear Sir,—Your kind expressions of me when at your house yesterday have induced me to make a suggestion to you inconfidence.
"If uncommitted on the question, and if you could do no better (of course) as Secretary of the Treasury, I venture to submit that in that important [post] I might be able to command confidence to a large extent where I am known.
"With your views as expressed, one word fromyouat St. Louis would have given me the nomination for the 'second place.' I suppose the place above mentioned is of more importance to the public in a 'reform' point of view than the second place. These things, Govr., are only for your consideration, with neither claims nor representations on my part, only asking that if not approved they will not further be thought of.
"When I left St. L., Gen. Preston, of Ky., and other influential friends from other States requested permission to use my name for the V.-P. shd. Govr. H. on any account decline, etc.
In much haste,"Your frd. & obt. St.,"C. H. McCormick."
"State of New York, Executive Chamber,"Albany,July 22, 1876.
"Dear Mr. Cox,—Your note of the 15th came several days ago, but I have since that time been so exceptionally occupied that I could not give any attention to my correspondence.
"I did, however, immediately direct the messages you desired to be at once sent, and I now will answer your inquiry in respect to the statement of Federal taxation for the year 1870, contained in my last annual message.
"The year taken is that which ends on the 30th of June, 1870, being most nearly identical with that in which and for which the census statements are made.
"The statement is of taxation and not of expenditures. All the statements in the comparative tables are of taxation. In the long run, unfortunately, the expenditures equal the taxes. At any rate, the comparison is a comparison of taxation.
"If you will refer to the first page of the report of the Secretary of the Treasury for December 5, 1870, you will find the receipts for the year ending June 30, 1870, stated as follows: