Chapter M: Blair to Tilden (1)

"_Aug. 19, 1868._

"MY DEAR TILDEN,--Y'rs of yesterday has come to hand. Mr. Welles is now at the Kittery Yard in person, and will not be here for a week perhaps. He has probably done what Shaw and friends ask. If not, 'twill be too late to act, I fear, on his return. Welles is very earnestly with us now, and I have no doubt will do anything he can. My accounts from the West agree with yours as respects political prospects there. But Able, who is not of a sanguine temperament, writes that our friends are going to carry Missouri by 20,000 majority.

"From Maine, Mr. Clapp, former M. C. from Portland, a brother of Mrs. Woodbury, who is also a cautious man, is very confident of gains in the State.

"If my father can go on to New York I am sure he will do so, to see Bennett. The truth is, however, that Bennett looks _to position_, and there is no getting him without assurances of it. It was in this way that Lincoln got him. He could have been nominated to Paris undoubtedly if he had not himself declined accepting the mission, because he would have been rejected. Chase got his support, I am sure, by promising him this mission if he was elected. The negotiation with Lincoln was carried on through a fellow of the name of Bartlett, who was the same man who got the _Herald_ for Frémont. I had no part in either negotiation, but I knew of both and sustained Lincoln in keeping his bargain with Bennett. His inclinations are with our side, I am sure, and he told my father and myself he would have supported Frank's nomination earnestly.

"I would not hesitate myself in supporting him if he would give us the power of his press to elect our ticket. I regard him as every way a most reputable man, and one of far greater ability than Chief-Justice Chase. I said this to one of Chase's hangers-on one day when he was turning up his eyes at Lincoln's appointment of Bennett.

"If Seymour could support Chase for the Presidency for his doings about impeachment I cannot see why he could not appoint Bennett for helping to save the country.

"Seymour ought not, under any circumstances, to be approached on this matter. But I think we might legitimately hold out hopes to Bennett and keep our promise of support in good faith. I would, for myself, unhesitatingly offer to do my utmost to get the President to appoint him, though I would not offer that Seymour himself should come under any promise about it, or indeed be approached on the subject directly or indirectly.

"Of course, I would not be so explicit on this subject with any one else. But with you I talk freely, so that when the old man comes on, if he should, you will be prepared to take ground on the point in question.

"Y'rs truly,
"M. BLAIR."

"WASH., _Aug. 19, '68_."

HORATIO SEYMOUR TO TILDEN

"UTICA, _Sept. 26, 1868_.

"MY DEAR SIR,--The canvass has run on for more than two months, and the questions of the day have been discussed in journals and meetings by so many different minds, and in so many different modes, that they are somewhat confused in the public understanding. Would it not [be] well if at this moment we could get a fresh presentation of our purposes in a way that will arrest public attention and in a way that will meet the points urged by our opponents, as we now have a need of their position? I have been talking the matter over with Mr. McCormick, in whose judgment I have great confidence. Now, every candidate for the Presidency must have a 'privy council.' There must be a number of men upon whom he can lean, who will help to shape out before election a line of policy which will carry the country through its difficulties. Able, influential, and thoughtful men should know now what they can rely upon in the event of our success. With clear ideas on these points they can work with more vigor, etc. Would it not be well to have a meeting of ten or twelve persons who should talk matters over clear through the coming year? Should not some definiteness be given to our future plans? Could not some position be taken now which will do good in the way of foiling the attacks of our opponents? Up to this time, with the exception of my consultations with you and two or three others, I have been almost isolated in my position. There are many advantages in this, but it should not be held too long.

"I am anxious to see you, and if it be possible for you to meet me here or elsewhere I should like to have a free talk with you. I will write to you soon about taking the field myself.

"Truly yours, &c.,
"HORATIO SEYMOUR."

HORATIO SEYMOUR TO TILDEN

"UTICA, _October 1, 1868_.

"MY DEAR SIR,--Yours of the 30 ult. is received. I see nothing more to be done in Penna. beyond counteracting the effects of the soldiers' meeting. This is a movement upon which the Republicans count largely, and upon which they have spent large sums of money. Now, the _éclat_ of this will not depend upon the soldiers, but the generals who will be in attendance. Can this be done? Get Generals McClellan, Hancock, Franklin to go to Philadelphia on Thursday of next week. Give them a reception. There will be an immense turn-out of the citizens. The Republican meeting and the near approach of the election will furnish all the stimulants needed. As it will be gotten up without parade or all the notes of preparation which have gone before the Republican show, it will tell more on the public minds. The soldiers throughout the country look to see how the popular generals go. We can make the best show in that way. I learn that Hancock has not been asked by the general committee to go into Penna. He is very strong there. I fear we have neglected the soldiers too much. It seems to me that some military exhibition on our side is the only thing to be done before the Penna. elections. If it is made a 'reception' of these generals it cannot be a failure, as there will be a great turn-out to see them. General Slocum should also be there. He can give aid in getting up the movement.

"Truly yours, &c.,
"HORATIO SEYMOUR."

HORATIO SEYMOUR TO TILDEN

"UTICA, _October 2, 1868_.

"MY DEAR SIR,--I send you a letter from General Franklin which is very gratifying. I have written to him, urging him to go to Penna. He is a distinguished soldier, I think from that State, and a great number of those who served under him live there. As he is unused to public speaking, some good talker, who is a man of character, should go with him.

"I have written to Genl. McClellan, asking him to go to Penna. I felt a delicacy in doing so, but the necessity is so great that I sent him the request by Mr. Mather. It will do us great harm if he declines. Our people have looked for his return with anxiety. He has more power in Penna. than any living man. This I learned when I spoke there in 1864. His visit will wipe out the effect of the soldiers' convention. As he was with me when Penna. was invaded, he can do me much good. I did not feel I could in my letter to him say as much as I felt. The soldiers are not inclined to go for Grant. He slaughtered them too ruthlessly. With many thousands of them McClellan's words will be words of command. All my letters from Penna. say that his visit is the only thing needed before their election.

"Truly yours, &c.,
"HORATIO SEYMOUR."

"I hope the committee will urge Genl. Franklin to go to Penna."

S. J. TILDEN--RECEIPT

"NEW YORK, _Oct. 4th, 1868_.

"Received of Allan McLane, Esq., two hundred and fifty thousand dollars ($250,000.00), the same being one-half the purchase money for the steamer _Oregonian_, sold by W. H. Webb, Esq., to the said Allan McLane for the sum of five hundred thousand dollars, and conveyed by bill of sale to me, the undersigned Samuel J. Tilden, in trust for the said Allan McLane, and to be by me transferred to the Pacific Mail Steam Ship Co., on whose account the aforesaid purchase of the said steamer _Oregonian_ was made by the said Allan McLane, the conveyance aforesaid to be made by me, when requested by the said McLane and upon the payment of the balance of the said purchase money, to wit., the further sum of two hundred and fifty thousand dollars.

"(Signed) SAML. J. TILDEN."

WINFIELD S. HANCOCK TO TILDEN

"CARONDELET, ST. LOUIS CO., MO., _October 10, 1868_.

"HON. S. J. TILDEN, New York.

"MY DEAR SIR,--Your favor without date, enclosing me a note written to you by Governor Seymour, was received last evening.

"The Governor's letter is very delicate, kind, and considerate.

"I have been confined to my room since the 10th of September, and in that time to my bed until within the last few days. I am far from well now. My wound, which had closed after opening, threatens to reopen. It may not do so immediately, but I presume it is but a question of time, as it had been allowed to close too soon.

"It will be many days, probably weeks, before I shall be in condition for any effort.

"I am a member of the 'Dyer' court of inquiry, which has been postponed from week to week on account of my absence. So soon as I am able to endure the fatigue of travel I shall be compelled to go to Washington on that service.

"I had always believed that it was not well for officers of the army to engage actively in political campaigns, and I had concluded so long as I remained in the army not to set a contrary example to younger officers; still, the crisis is of such vital moment that I might probably have acted differently in the particular case urged by you, especially when possibly our eventual success depends upon the action of my own State in October. But neither time nor health permit me to act. It is therefore not necessary to discuss the question.

"I believe the election next Tuesday will decide the result of the Presidential election if the majorities in the States are at all positive.

"Our carrying two of the three will insure us a victory in November.

"I feel great interest in the result, I believe no person more so than myself.

"It is our only and last chance.

"I am, Truly Yours,
"WINFD. S. HANCOCK."

S. J. TILDEN, AUGUSTUS SCHELL, AND AUGUST BELMONT TO W. F. STORY (TELEGRAM)

"NEW YORK, _October 17th, 1868_.

"W. F. STORY, Chicago, Illinois:

"Telegram just received. The suggestion made to change ticket was wholly unauthorized and unknown to National Democratic Executive Committee or any member thereof. The proposition is regarded as absurd, and is received by our masses with astonishment, derision, and indignation. In October elections we gained largely on much increased vote, compared with eighteen sixty-six, and nearly carried Pennsylvania and Indiana. Been overborne only by systematic frauds and rejection of votes of citizens of Irish and German birth by party that claim suffrage for negroes as national right, and practically accords him supremacy over white men. We came nearer to our expectations than Republicans to theirs. If our friends continue contest in all States with same vigor, our foes will find it impossible to spread their resources over so vast an area with equal effect. Our masses are resolved to renew contest under our chosen leaders, with our old flag flying, with organization unbroken, and with two and half million voters compact and always ready to rally for rescue of constitutional government and civil liberty.

"S. J. TILDEN,
"AUGUST BELMONT,
"AUGUSTUS SCHELL."

TILDEN TO FRANCIS P. BLAIR, SEN. (TELEGRAM)

"FRANCIS P. BLAIR, Sen.
_Washington, D. C._

"Without contemplating any change, I should be glad to consult with you, but can't leave my post. Come here immediately if you can.

"S. J. TILDEN.

"NEW YORK, _Oct. 20, 1868_."

TILDEN TO AUGUSTUS SCHELL (TELEGRAM)

"NEW YORK, _Oct. 21, 1868_.

"HON. AUGUSTUS SCHELL, _Utica_.

"Had conference with Spencer and others, and on reflection conclude that we can't spare you possibly. You must come back to the helm with me and provide other companionship for our leader. Come to-night. Can't explain further.

"S. J. TILDEN."

SANDFORD E. CHURCH TO TILDEN

"ROCHESTER, _Dec. 2d, 1868_.

"MY DEAR SIR,--I suppose the St. Paul preferred was not purchased. I am sorry that it was not, because I see that you was right about the advance.

"I see that the Erie fight is in a great muddle and growing worse.

"I have been thinking of a project for my own benefit, and that is to have all the parties compromise upon me for receiver. I suppose that Belmont on one side, and Tweed and Sweeny on the other, might control it. I would deal fairly by all, and the Erie people might be assured of that, while Davies would be content to have the law business. It would enable me to make some money, and be a good thing all around. I thought I would suggest it to you in strict confidence, and _if you can accomplish it I feel sure it will be for your interest, and I will make it so_. If you think anything of this act accordingly; if not, burn it, and say nothing about this, attributing it to a weakness to make some money.

Truly yours,
"S. E. CHURCH."

In the first volume of my _Life of Tilden_ (page 226) I had occasion to refer to some of his reasons for declining to withdraw from his candidacy for Governor in favor of Mr. Church. The statements there made gave offence to some of Mr. Church's political followers, which found expression in one of the most devoted newspaper organs of the Canal Ring in Syracuse. In the preceding letter from Mr. Church the reader will find some additional justification for the opinions above referred to, and which helped to inspire Mr. Tilden's distrust of Mr. Church as a leader of a party for reform.

TILDEN TO COMMITTEE OF ALBANY BAR

"NEW YORK, _Dec. 25th, 1868_.

"GENTLEMEN,--I regret that I shall be unable to be in Albany to-morrow at the meeting of the Bar, which you have invited me to attend, and which is to be held for the purpose of 'taking appropriate action in regard to the death of our esteemed friend and professional associate, _Peter Cagger_.'

"I should, however, do injustice to my own sentiments if I did not avail myself of the opportunity to join my expressions with yours of our common sense of the personal and public bereavement which is the occasion of your meeting, and of the esteem and affection with which we regarded our lamented associate and friend, while living, and with which we still cherish his memory.

"I hope that some one of those who best knew Mr. Cagger will make an enduring record--not merely of the frank and genial and hearty nature which beamed upon us all; not merely of his characteristics as a citizen, a friend and a man, which are known to everybody; not merely, even, of that remarkable executive ability which he manifested in his profession, in business, and in the broader relations with men in which he acted so important a part, but of his great undeveloped capacities as a lawyer and a public man, which were evident to those who saw him intimately and were only kept from the public view by his unambitious temper, which deferred to others and voluntarily limited his own sphere of action.

"With great respect, gentlemen, I remain,

"Very truly yours,
"S. J. TILDEN."

CH. O'CONOR TO S. J. TILDEN

"N. Y., _Nov. 11, 1869_.

"MY DEAR SIR,--I am so pressed for time that I do not know that I shall be able to find a printed copy of the opinions read in the Legislature of New Jersey on the motion to rescind the assent of the 14th Amendment.

"They were three in number, I think: one by Reverdy Johnson, one by George T. Curtis, and one by me. If it should become desirable to use any of them they can readily be found in any file of a Democratic paper.

"Should mine be deemed worth using, I should like to have a correction made.

"By way of emphasis I italicized the word _when_. This is printed _where_ in all the copies I have seen; and to render the pointlessness of my expression as striking as I desired to render its point, '_where_' is sometimes italicized and sometimes put in small caps.

"If you should have any part in using or printing this paper, I am sure you will see this error corrected.

"It is understood that the 14th Amendment is past revocation now, as the requisite number of States have consented. The consent of several were _forced_, and if the Democratic party is to live in the future it will deny the efficacy of such extorted consents.

"I mention this to the end that you may consider whether the consent of N. Y. to the 14th should not even now be rescinded. Of course, that question has more in it than the inquiry as to the 15th Amt.

"Y'rs truly and in haste,
"CH. O'CONOR."

JOHN SHERMAN TO S. J. TILDEN (CIRCULAR TO THE BONDHOLDERS OF PITTSBURG, FORT WAYNE & CHICAGO RAILWAY CO.)

"MANSFIELD, OHIO, _Oct. 20, '69_.

"My dear Sir,--I have just read over, in the quiet of my study, your admirable circular to the bondholders, etc., of the P., F. W. & C. R. R. Co. I cannot forego the expression of my appreciation of the clearness and ability of this statement. It exactly defines the reciprocal duties and rights of the owners of a railroad and the public at large, and states in as few words as possible the reasons for the lease. I do not believe we will soon have occasion to regret it, and sure I am you need not be ashamed of your 'statement of the case.'

I am, truly Yours,
"JOHN SHERMAN."

TILDEN TO RICHARD VAUX

"_Confidential._

NEW YORK, _Oct. 7, '69_.

"MY DEAR SIR,--Returning home to-day, I find your letter of the 4th.

"It is difficult to obtain the funds necessary for the most economical conduct of our State canvass, especially as we have no candidate who is wealthy. We expect to fight the 'poor man's' battle, but expect to fight it successfully; at present the committee has no funds, and is going on credit of its expectations, which are small, but, we believe, sufficient. I do not think it probable that money could be raised in this city to send abroad. The number of contributors is small, usually, and there is now not much political excitement.

Very truly yours,
"S. J. TILDEN."

"_Richd. Vaux_,
"_520 Walnut St., Phila., Pa._"

TILDEN TO ALBERT CARDOZO

"_Aug. 18, 1869._

"MY DEAR SIR,--At the suggestion of a friend of Mr. Russell Sage and of mine, I should attend on Tuesday next in the Oyer and Terminer if I were not obliged to leave town early to-morrow morning on business which will probably make it impracticable for me to return in season.

"Under these circumstances I beg leave to say to your hearers as if upon that occasion some part of what I should say if present.

"I think there can be no doubt that all the grounds of the discrimination contemplated against Mr. Sage, as compared with the other persons charged with having received more than seven per cent. for the use of money--as those grounds are reported in the public journals--are erroneous in point of fact.

"The principal ground is the supposed participation of Mr. Sage in the locking up of greenbacks. This allegation is denied in the most positive and comprehensive manner by an affidavit of Mr. Sage. That denial is corroborated by affidavits of one or more persons most intimately acquainted [with] his affairs. I find no difficulty in giving full credence to these denials from my own knowledge of Mr. Sage, his methods and habits of business, his transactions and investments. They are all incompatible with his being engaged in any such scheme. I have known him well for years. He is about the last man to enter into any combination which would limit the freedom of his individual and personal action. He is not a lender of money as a business or otherwise than of his temporary balances. His interests are all in favor of elevating rather than of depressing stocks, in which the bulk of his property is invested. It would not need the affirmative proof which is offered to make me totally discredit the representation that he was or could be involved in a combination of the character and objects imputed to him. Mr. Sage is a man of rare ability, energy, and enterprise; and his use of these powers is all in the way of building up, constructing, developing. I am satisfied that there is not the slightest ground for imputing to Mr. Sage anything beyond the mere fact of receiving more than seven per cent. for the use of money. I hope that you will consider it consistent with your duty to confine your sentence to the fine which you have applied to the other cases of the same character; and I am sure the judgment of the bar and of the entire community will sanction such a disposition of the case.

"It is not necessary, in my view of the matter, to discuss the statute of 1837. It was peculiar in two respects: that it reversed the equity rule which had prevailed always before in this State and in England, that in cases of usury 'he who seeks equity must do equity'; and that it added to the forfeiture at law of the money loaned a criminal penalty. I remember it in its origin, its authorship, and the circumstances under which it came into being. It was then deemed an extravagant and barbarous law. I have never known its criminal feature enforced until now. I presume that nearly all the community, as well as Mr. Sage, were ignorant of the existence of a feature so anomalous in all jurisprudence.

"I beg to add that the case cannot be deemed one calling for any exceptional rigor; nor do any circumstances of aggravation exist to justify the infliction of a special indignity upon a man of character like Mr. Sage, doing an act, not _malum in se_, universally practised and universally tolerated.

"With much respect,

"I remain,
"Truly y'rs,
"S. J. TILDEN."

"_Hon. Albert Cardozo._"

S. E. CHURCH TO S. J. TILDEN

"ROCHESTER, _June 27, 1869_.

"HON. SAML. J. TILDEN.

"MY DEAR SIR,--Your favor is recd. I was sorry you was not at home when I called, although I had no specific business. But it is a good thing to have a general talk once in a while to see whether we look at things alike. Politics seem to be drifting just now, but I think the general tendency of public opinion is in our favor, and at the end of four years we shall go in as a matter of necessity. As to investments--I have precious little to invest, but I would be glad of an opportunity to make some money, and if you see any good chance I hope you will let me know.

"Are you not coming up this way this summer? We would all be glad to see you and any of your family that can come with you.

"Truly Yours,
"S. E. CHURCH."

S. E. CHURCH TO TILDEN

(WOULD LIKE TO MAKE SOME MONEY)

"ROCHESTER, _Jan. 27, '70_.

"My dear Sir,--This is my first letter written by myself. You inquire what my physician thinks and what I think about my recovery. My physician and others who have been consulted all say that my recovery is certain and will be perfect, restoring me to full health, but that it will require time on account of my great prostration.

"I have had the 'blues' occasionally, but I believe I shall recover and be well. I am confined to my bed most of the time, but am able to sit up some and walk a little.

"I would like to make some money. Is there not some speculation by which I can do so?

"Why don't you get interviewed?

"Please write.

"Yours truly,
"S. E. CHURCH."

TILDEN TO T. P. BISSELL

"NEW YORK, _Jany. 10, 1870_.

"MY DEAR SIR,--Can you furnish me the following information:

"1. Copy of the record of _births_, deaths, and marriages in the family of Isaac Tilden or any others of the name of Tilden, as shown in your office.

"2. Memorandum of the _names_ of _parties_, _dates_, and _substance_ of _deeds_ and _mortgages_ to and from the said Isaac Tilden and others of the name of Tilden.

"If these are very numerous, a brief memorandum will answer.

"I can decide afterwards whether I will want copies, and, if so, what.

"3. How can access be got to the church records, and can you get the information from those records as to the matters embraced under No. 1?

"4. Where is the probate office in which wills were kept from 1702 to 1760 or 1780?

"Can you look for will of Isaac Tilden conveniently?

"Of course, I will give you a reasonable compensation for any trouble you may be at in procuring and sending me the information mentioned above.

"Truly yours,
"S. J. TILDEN."

"_Hon. T. P. Bissell, Esq.,_
"_Hebron, Conn._"

JAY GOULD TO S. J. TILDEN

"_President's Office, Erie Railway Company, cor. 8th Ave. and 23d St._
"NEW YORK, _Feb. 11, 1870_.

"S. J. TILDEN, Esq.

"DR. SIR,--Feb. 24, 1869, I paid you retainer for Erie R. R. Co. $10,000. Subsequently, on March 5, at your request, I bought Flagg's bonds, with the understanding that he will co-operate with us in A and G matters, paying him $3038.29/100, being the face of the bonds and accrued interest, compounded. At the same time that I paid you the $10,000 I paid you also $1000 for Flagg's services to date as trustee, for which you returned me voucher signed by A. C. Flagg for his daughter.

"I wish to ask you whether, in view of the foregoing, we are not justified in being surprised to find you against us _without notice_?

"Please reply and oblige,

"Yours truly,
"JAY GOULD."

TILDEN TO JAY GOULD

"MONDAY EVENING, _February 14, 1870_.

"MY DEAR SIR,--On my return late Saturday night I received yours of the 11th, and I take the earliest time at my disposal to reply.

"The retainer to which you allude grew out of and related to matters wholly distinct and disconnected from the A. and G. W.,[52] and was arranged without any agency of mine, and the subsequent payment of it was purely voluntary on your part.

"No intimation was ever made to me that it had any reference to or was to affect my relations to Mr. Flagg[53] as trustee under the several mortgages of the A. and G. W.

"I cannot doubt that it was known to you that I had acted as his counsel for more than a year previous. Nor did I ever suspect that you did not perfectly understand that I was still at liberty to do so.

"Afterwards, when Mr. McHenry[54] sought to retain me in reference to his scheme for reorganizing the A. and G. W., and asked me to name the amount--having looked into all the relations of parties, and having considered his plan--I declined to have anything to do with it in any manner or for any purpose, and refused his retainer, repeatedly pressed upon me.

"In one of these interviews I informed him that the suits which had been commenced to foreclose the mortgages, if, as I understood them to be, for I had not seen the papers, were objectionable, that, if a sale were to be had, they must be reformed or abandoned, and new suit in proper form, and with proper parties, instituted; that Mr. Flagg--at the instance of any bondholders, and possibly in an extreme case without their instance--ought to intervene for that purpose. To this view he yielded.

"When the lease proposed to be made by the receiver was brought to my attention some weeks ago, the counsel of the Erie called on me to ask my consideration of it as counsel for Mr. Flagg and of the first mortgage bondholders. He called on me to exercise my function in that capacity; and had prolonged negotiations with me, not as an associate, but as a representative of a different party.

"I heard no complaint until it happened that, while acting as counsel for the trustees and bondholders, I did not do precisely what their adversaries preferred to have done.

"Now, I answer your question: You 'are not justified in being surprised that I am acting for the trustee and his bondholders "without notice"' to you. You had notice all the time that I was at liberty so to act, and much of the time that I was so acting. If you _are_ surprised, you are under some misapprehension as to the situation. I would have omitted no courtesy towards you. I had no suspicion that you did not understand my position exactly as I understand it.

"When the question as to the proposed lease came before me, suddenly and unexpectedly, it was with the declaration of Mr. Meyer that he was 'opposed to it, unless I could show him reasons to the contrary, which he did not think I could.' I looked at it to see if I could devise modifications which would make it safe for the bondholders.

"The difficulty of the case is the _short_ and _uncertain_ duration of the lease. I was not able to see in it, _as drawn_, sufficient guards to satisfy the bondholders. I spent a morning with Mr. Lane and Mr. Meyer discussing amendments; and we left for Ohio, with the understanding between him and us that we should have a conference there upon the subject of amendment. It was only when the motion was on and the argument was about beginning that we learned to our surprise that Mr. Backus had decided that no negotiation for any modification would be entertained. So the question had to be argued as it stood. Just before I left Cleveland, Mr. Backus said to me that if we would recognize the advance ($1,390,000) as to be ultimately paid, he would do everything to give us security in the operation of the lease; and, if, when I got to New York, it was thought advisable to negotiate, he would come here on your request. After my return I _did think_ it advisable to consider the question, and so said to Mr. Lane; but he declined. Shortly after, the motion in Philadelphia, of which Mr. Cuyler had given notice, in pursuance of a reservation he had caused to be made in the original order, came on.

"I allude to these circumstances to show that I have treated you fairly and considerately while in an adversary position on this question of temporary lease.

"One word as to Mr. Flagg. The payment of the $1000 for his services was due him, and should have been provided for. I first called the attention of Col. Stebbins to it, and then yours. The purchase of the bonds of Mr. Flagg--to a trifling amount--was no greater favor than had been accorded on a large scale to parties who had stood in the way of the arrangement for the close of the receivership and the making of the lease. That he had taken no selfish care for himself did not seem any reason why he should be treated with less consideration. I submitted the matter to you as the proper party. You treated it with equity and courtesy. You are entitled to the same spirit from Mr. Flagg. But you could not have supposed that he would be unfaithful in any respect to his trust.

"In conclusion, what the first mortgage bondholders want is:

"1. That the suit for foreclosure should be prosecuted, in proper form and with proper parties, to give a good title at the sale, and that they be represented in these suits by their own agent and not by agents of any adversary party.

"2. That, if a sale and purchase of the property be made which operates to discharge their lien, with or without an agreement for reorganization, the title be taken by satisfactory agents for their security.

"That in the mean time the property be protected and further debts in priority to their rights be avoided.

"With these conditions observed, the first mortgage bondholders have every desire to preserve the best relations with the Erie, which is the natural and preferred connection. That is my advice. That is their disposition.

"If you wish any conference on the points on which differences have arisen as to the proposed lease, or as to the general relations of the two roads, I shall be happy to obtain an appointment for that purpose.

"In my judgment the faculties of the parties would be better employed in devising a complete and permanent harmony of interests than in litigation. I think, also, that to attempt to discard from the negotiations the divisional bonds which represent most of the value in the property is a practical mistake.

"Very respectfully, Yours, &c.,
"S. J. TILDEN."

"_To Jay Gould, Esq._"

JAY GOULD TO TILDEN

"NEW YORK, _Feb. 21, 1870_.

"DR. SIR,--I am in receipt of your note on the subject of the retainer of $10,000 paid you by this Co. I can only say that it was understood and treated by the company as a general retainer, and the voucher so states. The only matters I have consulted you in reference to have been A. and G. W. matters. Knowing the pressure of your other engagements, I felt like troubling you as little as possible, and I therefore simply said to Mr. Lane to consult you if necessary, but to trouble you as little as possible. The reason I could not consent to Mr. McHenry giving you a retainer was the fear that his interests and ours would clash, as I did not have confidence in his schemes.

"Yours,
"JAY GOULD."

"P. S.--I shall be happy to meet the other parties on the subject of an arrangement at any time.

"J. G."

TILDEN--CIRCULAR OF THE STATE COMMITTEE

"NEW YORK, _April 15th, 1870_.

"MY DEAR SIR,--The election of a chief judge and six associate judges of the Court of Appeals--which will take place on the 17th of May--and the nomination, at the Democratic State Convention to be held at Rochester on the 27th of April, of our candidates for the chief judge and _four_ of the six associate judges, are events of great interest.

"The Democratic party has never hitherto failed to supply in the court of last resort judges of undoubted moral and official purity and integrity, who have commanded the confidence and reverence of the whole people, and who have, by their abilities and professional learning, illustrated the jurisprudence of our State and country.

"In the present tendency of our times--towards a weakening of the trust of the people in the judiciary--it is more than ever important that we hold our standard of character and qualifications _high_.

"A degradation of the administration of justice is the last calamity of a republic.

"Distrust or doubt in the public mind as to the administration of justice, even if unfounded, involves half the evils of an actual degradation.

"At this moment--when we are about to form our highest court, _entirely anew_, and _for a long period_--it is our duty to give attention to the subject, to withdraw ourselves for a little time from our private avocations in order to fulfil our highest obligations as citizens of a republic.

"_First_, special care ought to be exercised that our most _wise_, _discreet_, and _disinterested_ men be chosen to, and be induced to attend, the nominating convention at Rochester on the 27th.

"They should come there to confer for the public good, in a spirit of _harmony_, conciliation, and surrender of all personal prejudices and all personal antipathies to the great object of forming _absolutely the best ticket possible_.

"_Secondly_, assuming--as we may, with confidence--that we shall so act at the convention as to start our canvass with the favorable opinion of the public and of the bar of the State, still in a special election held at an unusual time, and in so short a canvass, prompt and efficient measures should be taken in each county to organize a movement to bring out our vote and elect our ticket.

"I ask your co-operation for these objects.

"Very truly yours,
"S. J. TILDEN."

TILDEN TO HON. S. E. CHURCH

"_Confidential._

"NEW YORK, _April 20, '70_.

"MY DEAR SIR,--My letter, which passed yours in the mails, if I recollect its contents aright, is, or implies a practical answer to your last, so far as we can see until we meet in Rochester. I have trusted to it for a day or two, while I am engrossed with measures not capable of being deferred, and which seem essential to the convention and election.

"As to candidates, I have carefully kept myself free; saying uniformly--in quite a number of cases where communications have been made to me personally or by letter--that I intended to be perfectly and absolutely open when opportunity should be had, at the convention and just before, for consultation with our friends to do what might seem best. I am not committed to Comstock, unless it be implied that I would not decide against him until that time, from such expressions made to him and to others.

"He, undoubtedly, has counted on the nomination as chief judge; has believed that Allen was for him, and only aimed to be associated with him.

"While I have kept more cautiously free than Kernan and others, I wish to treat Comstock with delicacy and kindness. Indeed, as I look upon my own future, totally void of any conscious desire for the most honorable of official labors, it seems to me I feel more difficulty in wounding--any more than I at last must--those who are capable of fixing strong affections on objects of an elevated ambition.

"I need not say how strong--and stronger than in other cases--is the personal interest I feel in promoting what shall be finally agreed to be best in respect to your future career, or how disposed I should be to give the prevailing weight to your own ideas on that subject.

"While it is not safe to assume the action of a convention, I should think that besides those who will go for you on public grounds and from personal regard, there will be an element which would like to remove you from the field of active politics. I thought, from December to very recently, this was visible in respect to me, and perhaps there may be even greater motive in respect to you in that you were more likely to become a rival to some existing powers.

"Before I had quite finished my note, which lay over from last evening, yours of yesterday came.

"You perhaps interpret it rather more strongly than I intended. I aimed only to suggest the topic, and naturally stated the _cons_ rather than the _pros_.

"I will endeavor to see you, as you suggest, at Albion, before the convention, unless something happens to make this inadvisable.

"And letter-writing is so insufficient for such topics that I reserve the discussion till then.

"Meantime, consider what is the method of proceeding in nominating the _four_. Is that to be done singly, or on one ballot?

"In haste,
"Yours truly,
"S. J. TILDEN."

"_Hon. S. E. Church._

"Make my special regards to Mrs. and Miss Church."

S. E. CHURCH TO TILDEN

"ALBION, _April 20, 1870_.

"MY DEAR SIR,--Your kind favor received. I infer that you are opposed to my taking a nomination for chief judge, and it is quite likely you are right about it; but I feel that there has been a great _break_ in my life, and that it may be as well to start on a new track. My reputation is now fair, and on the bench I can keep it so, until I want to use it for my own benefit and that of my friends, and I think I can aid you politically as much as I can to remain as I am. I shall, of course, object to being regarded as '_shelved_' by the operation, and yet such may be the result, and some people will doubtless favor my nomination for that reason. _They may be awfully mistaken, but this is confidential._

"I shall not dare to go to Rochester next week, lest the excitement might produce a relapse; but you must come here and see me the day before the convention, which you can easily do, and then we can talk the whole thing up--as you say, it cannot be written. Don't fail to come.

"Truly yours,
"S. E. CHURCH."

"Mrs. C. and Nellie send regards."

TILDEN TO JOHN R. REID

"NEW YORK, _Apl. 21, 1870_.

"MY DEAR SIR,--I am obliged by the kind terms of your note of yesterday, which were also repeated to me by Mr. Frost, who called on me. But I do not change the feelings with which I regard the nomination for the chief judge, and have regarded it since it was presented to my view in December, or weakened the settled preference I have for freedom and relaxation over even such an honorable distinction. Notwithstanding such a definitive purpose on my part, I hope that you will take care to send a good delegate, because you and I will probably never have another chance of doing so much service to the community in which we live, or to the profession to which we belong, as in securing the best possible selection for judge of the judicial court under a comparatively permanent tenure.

"Very Truly,
"Yours, &c.,
S. J. TILDEN."

TILDEN TO HON. JOHN GANSON

"NEW YORK, _Apl. 22nd, '70_.

"MY DEAR SIR,--I shall regret it extremely if you cannot extricate yourself from the embarrassments which you mention and I appreciate; and yet come to the convention, if not as a delegate, at least as an outsider. Such an occasion will not be likely to occur in your time or mine, and ought we not seize it to do something of real value to our four millions of people and to pay the debt which Lord Coke says a lawyer owes to his profession?

"I have often thought and talked of you as eminently suitable to take a part in the reconstructed court, but have heard that you were not ready to sacrifice the large gains of your professional career. You are over-modest in the suggestion of one or two friends desiring you to come to a different conclusion; for I have talked with a large number who looked to you, and whose motives cannot be imputed as mere friendship, but spring from a sense of public utility, in securing to the public service your abilities and independent integrity. Indeed, Grover told me some time ago that he would not be a candidate if you would be; and I think the same concession would have been generally made, at least at an earlier day.

"With respect to myself, I cannot reconcile myself to the idea of being tied up for a series of years. I prefer freedom and a period of relaxation to any honors which involve permanent and laborious duties. In December, and repeatedly since, the suggestion from Albany has been made to me that I might have a general support from that and this part of the State for chief, in which those not supposed to be the most friendly would concur, and a considerable number of similar tenders have come to me from other quarters; but to all, by letter and verbally, and among others to Cassidy, each, and Allen--and to Comstock, who is an affirmatively [_sic_] candidate, to Kernan and O'Conor--I have stated my purpose, and I have no disposition to change it. It is not that I undervalue these great trusts, but I am content that they go to those to whose more robust natures and physical vigor the same considerations which influence me are not applicable, and to those in whose peculiar condition they are an object of laudable ambition. If I can help to get a good selection, and then to elect the ticket, I shall consider myself as concentrating in a few days all the public service I could perform in the whole 14 years; and so having completely acquitted myself to my day and generation, become entitled to a play spell.

"Now, my dear sir, it is in just this matter that I regret to lose your co-operation. _You_, if present as a delegate or as an outsider, could help largely in the selection of members from all parts of the state. For this city--if the bar were to control as it now stands--they would unite on Rappallo, but whether he can get any political support or not remains to be seen. He has been one of Vanderbilt's counsel, but I have often put him with you when I have said that, with the best quality of men, that consideration could be wholly disregarded.

"Can you extricate yourself from the embarrassments to which you allude--or be neutral on that case--and come and help as to others?

"Remember that for your time as well as mine this occasion is not likely to recur.

"I sat down to say this, and must beg you to excuse me for the long letter I have poured out upon you.

"Very Truly,
"Yours, &c.,
"S. J. TILDEN."

"I have omitted to speak of Church. If he becomes a candidate, as is probable, though not decided, he will be a strong one before the convention."

TILDEN TO GEORGE W. CASS

(JAY GOULD'S RETAINER)

"NEW YORK, _June 2d, 1870_.

"MY DEAR SIR,--You will recollect that some time ago I requested you to give me a statement in respect to the circumstances attending an arrangement communicated to me by you in the winter of 1869, by which the Erie Railway Company paid me a retainer of $10,000 in connection with the Cleveland and Pittsburg Railroad Company, a majority of the stock of which was then owned by the Erie Railway Company. You deferred it, in consequence of the pressure upon time. I should now like to have you furnish me the statement.

"The reason I applied to you was that my original information as to the purposes of this retainer was derived exclusively from you; and that it was under this information, in no respect changed by anything derived from other sources, that I accepted the payment. The facts, so far as they are within my knowledge, are these: Early in 1869--I presume it must have been in January of that year--you asked me to consent to become a director of the Cleveland and Pittsburg Railroad Company and a member of the executive committee of that company, holding the balance of power between the other two members in case of their disagreement. You stated the object to be to make an amiable arrangement between the parties then litigating in an Ohio court, whereby the railroad could be taken out of the possession of the receiver and restored to the management of the company; and that as a part of the same compromise you were to become a director with others who were to be agreed upon. You will remember that I replied that I was already burdened with work in the capacity of director in other companies, which consumed an inconvenient share of my time and thought, and without remuneration; that the tendency of such work was to become more encroaching; that I had entered upon it in every instance only under the influence of existing relations, and was desirous to relieve myself of such duties as I had already done in some cases; and that I was unwilling to take such a trust in respect to a company in which I had no interest, and had never had any relations. You and Mr. McCullough repeatedly pressed me not to positively refuse; and when I was elected it was without any assent on my part. One day you mentioned to me that Mr. Jay Gould had proposed that the Erie should pay me $10,000, the Cleveland and Pittsburg $5000, and the Fort Wayne $5000. I certainly understood that those payments were proposed to be made in respect to services or benefits expected in connected with the arrangement for the change in the condition and management of the Cleveland and Pittsburg Company, and nothing else. Your communication related to that matter and to that alone. You will remember that when you mentioned the proposal to me I made no comment, and manifested no interest in it or desire that it should be adopted. Afterwards, when Mr. Gould mentioned the matter to me he made no further or different explanation, but spoke of it as if it were a matter which I already completely understood. He subsequently, a second time, mentioned that he was going to send me a check, and about the last of February did send it. I never did or said anything about the matter except to accept and receipt for the check. The Cleveland and Pittsburg Company, at a meeting when I was not present, but believe you were, adopted a resolution appointing me their counsel, with a monthly salary at the rate of $5000 a year. I had supposed they would have put it in one payment, but they adopted such form as they pleased. The Fort Wayne never mentioned the subject to me, nor I to it. I had relations to it, but none to the Cleveland and Pittsburg or to the Erie. The proposition to make the payments by those two companies was purely their own; the amounts were fixed without any consultation with me, and on their own estimate of the utility of the arrangement to them. In expressing to you my repugnance to undertaking the services, I did not contemplate any condition as to pecuniary compensation. Nor can I now say that any such consideration was a principal inducement to my aiding in the trust. I could not foresee how much of labor or trouble I was to undertake. I did not desire more business, but less. I had during the two years before repeatedly declined retainers from the Erie and from its adversaries. The object of the arrangement was attained. The receivership was closed and the administration of the road was restored to the Cleveland and Pittsburg Company. I served out my term as director, as member of the executive committee, and as counsel of the company, and gave every necessary attention to those duties. When this was done I deemed that I had performed all I had undertaken, and that the C. and P. and the Erie had realized all they had contemplated in the arrangement which they had proposed, and in the payments which they had voluntarily made.

"It was not until in February last, when I was acting for the trustees of the bondholders of the Atlantic and Great Western Railway Company, that I learned with surprise that Mr. Gould entertained the idea that the implied engagement in accepting the retainer before mentioned extended beyond the affair of the Cleveland and Pittsburg, to which the arrangement exclusively related. I answered him at the time. But the circumstance that he did entertain such an idea induces me to address you this letter.

"With much respect,
"Yours very truly,
"S. J. TILDEN."

"_Hon. George W. Cass._"

MR. TILDEN'S PURCHASE OF TOPIC

"_June 10, '70._