Chapter D: A. McKNIGHT TO S. J. TILDEN

"UNITED STATES PATENT OFFICE,
"WASHINGTON, _October 24, 1885_.

"HON. SAML. J. TILDEN.

"MY DEAR SIR,--A few moments ago I received the two letters which you were good enough to write at my request. I am, as you may surmise, very highly gratified with them. They contain all (and more than all) that I had hoped for, and must certainly accomplish their purpose. And I assure you that I am full of gratitude to you for an interest in my affairs which gives me fresh courage, and which shows me again the great heart that inspired these letters. I only wish that I could thank you in adequate terms, or that I could again _do something_ to exhibit the warm personal regard for you into which my original esteem has developed. If the day ever comes that I can be of service to you, command me.

"With my kindest regards and warmest wishes for your health and happiness, I am,

"Very respectfully and truly,
"Your obedient servant,
"D. A. MCKNIGHT."

MARSHALL PARKS TO S. J. TILDEN

"NORFOLK, VA., _14 Dec., '85_.

"HON. S. J. TILDEN, GREYSTONE, N. Y.

"MY DEAR SIR,--Your letter to Hon. Mr. Carlisle on the subject of our coast defences has been published in our papers, and I can assure you were read with great interest.

"The change in the mode of warfare has rendered a number of our forts almost useless. I would call your attention to those near this city--Fortress Monroe and Fort Wool (formerly Fort Calhoun). The former is said to be the largest for defence in the world, and the latter on an artificial island, one mile distant, not yet completed; both designed to protect Hampton Roads, James River, Norfolk, and the U. S. Navy-Yard here. As they are only one mile apart, I presume it was about the range of guns at the time they were designed. Modern ordnance renders this structure of _no value_, and it is likely it never will be completed, and I write to suggest the importance of its removal to another location, which will, I think, make it a defence for the capital as well as Baltimore, Norfolk, Richmond, and other cities. By reference to the map of Chesapeake Bay, you will observe there is a shoal between Cape Henry and Cape Charles called the _Middle Ground_ on which a modern fort could be erected from the material now useless at Fort Wool. This fort is built on an artificial island having a base of fourteen acres, in water from twelve to fifty feet deep, entirely of rough granite. This could be removed at little cost, and a modern structure of iron or steel erected on it, with necessary fixtures for torpedo service.

"Just inside Cape Henry is Lynn Haven Bay and river. The river would make an admirable station for torpedo-boats, as it is a safe harbor, completely landlocked, and may be connected by a few short and inexpensive canals with Back Bay, Currituck, Albemarle, and Pamlico sounds which may extend the inland route to Florida at little cost.

"Several years ago I made the voyage from New Berne, North Carolina, to Oswego, New York, _in the same steamer, going inland the entire way_! I have spent many years on this inland project. By the construction of two short canals (only fourteen miles) we have opened up to commerce 1800 miles of navigable waters. I am now about to open a canal from Neuse River to Beaufort Harbor, North Carolina, which will be a continuation of the inland navigation. It would cost but little to make an inland water route to Florida, as a few short canals would unite the natural waterways existing, and the inland route would then be complete from the Great Lakes to Florida, passing by all our great seaboard cities.

"As we have now no defence to our national capital, I have thought a line from you at this time would bring it to the favorable consideration of Congress.

"If you have not the charts convenient, I would be pleased to furnish them and any further information desired.

"Very resp'y, y'r obt. st.,
"MARSHALL PARKS."

DANIEL MANNING TO S. J. TILDEN

"WASHINGTON, D. C., _Dec. 16, 1885_.

"MY DEAR GOVERNOR,--I write a line to acknowledge receipt of your letter to the Saratoga convention in which, for the second time, you decline to be nominated for the Presidency by the Democratic party. The manuscript of that letter will, of course, always have very high value to me. It will be the most prized of the few heirlooms that I possess.

"Mrs. Manning and I are very glad that you consented to a visit to us, during the New Year week, from Miss Ruby and Miss Susie. Everything and everybody promises to be gay here, and I think they will find pleasure in the visit.

"Faithfully yours,
"DANIEL MANNING.

"_Hon. Sam. J. Tilden, Greystone._"

S. J. TILDEN TO DANIEL MANNING

"GREYSTONE, YONKERS, N. Y., _Dec. 19, 1885_.

"DEAR MR. MANNING,--I read over your report when I first received it, and laid it aside intending to give it a second and more thorough perusal, and waited about acknowledging it until I should do so; but I have been less well than common, and have found so many things pressing upon me that I have not had a chance to execute my good intentions.

"The impression your report made on me was very favorable. I think it does you great credit, and congratulate you on the manner in which it has been received by the public.

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

TILDEN TO HON. GEORGE BANCROFT

"GREYSTONE, _Feb. 12, 1886_.

"DEAR MR. BANCROFT,--I have received a copy of your _Plea for the Constitution of the United States_, which the publishers sent to me at your request.

"I note your strong impression of your sense of the importance of the theme, when you say you 'have thought it right to bestow upon it many of the few hours that may remain to you for labor.'

"To the eyes of your countrymen, those hours grow more valuable as they become fewer.

"As an argument your _Plea_ is overwhelming.

"Indeed, until new lights recently dawned upon the court, and upon some others, in all our national history it had been universally considered as axiomatic that Congress had no constitutional power to make anything but gold and silver a legal-tender. That conclusion was always assumed when the subject was incidentally alluded to. Forty years ago, in a speech in the constitutional convention of the State of New York on the subject of Currency and Banking (Tilden's _Public Writings and Speeches_, Vol. I., p. 222), I recognized the disability of any government in this country, State or Federal, to make a legal-tender of anything but gold and silver.

"In all the literature of political economy, of currency and banking, this postulate was taken for granted.

"It is a long time since I have had the pleasure of seeing you or Mrs. Bancroft. I was gratified at the account of you, which I received from my nieces who recently visited Washington. I hear that you have lit up your household by the sunshine of a young lady of your kindred.

"I am passing the winter at a country home perched upon a cliff overhanging the Hudson four hundred feet above the tide. I send you a picture of the place.

"With best regards for yourself and Mrs. Bancroft,

"I remain, very truly yours,
"S. J. TILDEN.

"P. S.--Since writing you, I have received the _Evening Post_ of this afternoon. It is a 'Mugwump' journal. I send a cutting from its editorial columns upon your _Plea_."

HIRAM SIBLEY TO TILDEN

"ROCHESTER, N. Y., _Feb. 6", 1886_.

"HON. SAMUEL J. TILDEN.

"MY DEAR FRIEND,--This is _my_ birthday, and, as I remember, _yours_. I see in the papers they say you were born on the 9th of Feb. But I dare not place much reliance on what some newspapers say of you.

"Seventy-nine is not eighty. Eighty is considered _old_. While it is unsafe for us at this age to make plans for the future, we may contemplate the past, and that is what I am doing to-day.

"Among those who took active part in the _Free-soil_ movement of 1848, you were an able leader. Your associates, _Wright_, _Gardner_, _Van Buren_, and many others from whom I took counsel, are gone. You among the larger, myself among the less important of that band of noble patriots, are left to enjoy the consolation of doing what we could at that early day to check the growth and extension of slavery.

"The _present_ I regard with fear and apprehension, and I have recently written to, and received an answer from, our _inaugurated_ President, whose administration I heartily approve, and I now address the _uninaugurated_ President to say one word of approval to him also.

"You should encourage, by word and deed, our President to hold fast to the pledges in the Democratic platform, to _Civil Service_ especially.

"The times are trying the metal of our President. The army on whom the people rely for defence are greatly demoralized.

"The _veterans_ are nearly all _dead_, the _regulars_ are _skirmishing_ for votes, and recruits are _few_.

"Pardon me for this rambling letter. Don't trouble yourself to answer me.

"The times, the time (Feb. 6"), all conspired to move me to write you.

"May you live to see many a birthday, as I hope to.

"With great respect, I am,

"Your friend and obt. svt.,
"HIRAM SIBLEY."

TILDEN TO JOHN F. SEYMOUR

"_Telegram._

"GREYSTONE, _Feb. 13, 1886_.

"HON. JOHN F. SEYMOUR,--I learn this morning the sorrowful intelligence that the mortal career of your illustrious brother is closed. Convey to his relatives, and when a suitable occasion arises, to Mrs. Seymour, my warm sympathies at their loss. We have the consolation of knowing that he passed away without suffering, in the fulness of years, and amid the largest homage of public esteem.

"S. J. TILDEN."

GEORGE BANCROFT TO TILDEN

"1623 H STREET,
"WASHINGTON, D. C., _February 15th, 1886_.

"MY DEAR MR. TILDEN,--I thank you very much for your note of the 12th. We old men must keep up the good tradition which we received from the fathers, and which you defended in the constitutional convention of New York.

"I am also alive, as you undoubtedly are, to the dangers that overhang the country by a legislative measure, designed to throw gold out of circulation, and to depreciate the currency fully twenty per cent. By this measure, among infinite evils, all contracts now in force between the employer and the laborer will be depreciated twenty per cent., to the injury of the poor; and every one of our newspapers will be compelled to stop its publication or to raise its price.

"Wishing you perfect health and long life,

"I am, very sincerely yours,
"GEO. BANCROFT.

"Pray recall me to the kind recollection of your nieces, whom I had great pleasure in meeting a few weeks ago."

TILDEN TO HIRAM SIBLEY

"GREYSTONE, _Feb. 27, 1886_.

"DEAR MR. SIBLEY,--I have received your interesting letter. The newspapers are correct in saying that the 9th of February is my birthday, but some of them are quite astray in saying that I am seventy-nine years old. I was born the 9th of February, 1814, and was seventy-two years old on my last birthday. Although seven years younger than you are, I can readily believe that you are practically younger than I. You have not done so much as I to exhaust the vital powers, and have not so large a debt to pay for strength borrowed and consumed in advance. My eyes are extremely good, and enable me to pass most of my time in reading; my ears are both of them much more acute than those of most people. The doctors tell me that every vital organ is in strong and sound condition. But I have been for some years greatly annoyed by a mysterious malady of some of the nerves of motion, which imparts a tremor to my hands, and impairs my voice so that I lose most of the pleasures of conversation.

"I have also read the brief biography of your life and doings which you were kind enough to send me. It illustrates an example of an active, useful, and successful career.

"Wishing you every blessing of continued health, and prolonged years of happiness and prosperity,

"I am, very truly yours,
"S. J. TILDEN."

"ACCOUNTABILITY OF CORPORATIONS[36]

[36] Originally printed in the New York _Sun_ of March 4, 1886.

"The governmental policy of the State of New York has been a long while established, that charters of corporations within its jurisdiction, carrying on business for profit, should be subject to alteration or repeal in the discretion of the Legislature.

"The Revised Statutes of 1830 applied that rule to corporations thereafter to be created. A reservation of that power had been previously inserted in the special charters which had latterly been granted. The origin of this reservation was ascribed in an article asserting the repealability of corporate charters, written by Mr. Tilden for the _Democratic Review_ of August, 1841 (Tilden's _Writings and Speeches_, Vol. I., p. 171), to Silas Wright, who procured the insertion of such a reservation in a charter granted in 1822.

"In the convention of 1846, which formed the present Constitution of the State of New York, Mr. Tilden, from the select committee to whom was referred the report of the standing committee on the subject of corporations, made the following report:

"'Section 1. Corporations may be formed under general
laws, but shall not be created by special act, except for
municipal purposes, and in cases where, in the judgment of the
Legislature, the objects of the corporation cannot be attained
under general laws. All general laws and special acts passed
pursuant to this section may be altered from time to time or
repealed.

* * * * *

"'Section 3. The term corporations as used in this article
shall be construed to include all associations and joint stock
companies having any of the powers of corporations not possessed
by individuals or partnerships.'

"At the afternoon session on the same day the first section was adopted unanimously, and the above clause of the third section was adopted without considerable opposition.

"The discussion in the convention shows that those clauses were understood to apply to all corporations then existing or thereafter to be created.

"Those provisions stand in the Constitution of the State of New York. They are referred to in a speech on canals and railroads made by Mr. Tilden in the constitutional convention of 1867. The passage is as follows:

"'The convention of 1846, by provisions which it fell to
my lot to report, provided, first, in favor of a system
of incorporation under general laws, and, secondly, for a
supervisory legislative control over the chartered power and
privileges of all corporate bodies.

"'In my judgment, those two provisions were, and are, perfectly
adequate to secure every public object, however freely we may
grant to private enterprise all the powers necessary to enable
it to create these great machines of travel and transportation,
and to the management of them by corporate bodies, which can
serve the public with more skill and economy than the State can.
The authority thus reserved to the State is doubtless capable of
being perverted by it to private injury and oppression; but it
seemed to be necessary to the public safety, and is a trust to
be exercised with wisdom and justice.'

"The general Railroad act, chapter 140 of the Statute Laws of 1850, passed April 2 of that year, faithfully executed the mandate of the Constitution. The forty-eighth section of that act is as follows:

"'The Legislature may at any time annul or dissolve any
incorporation formed under this act; but such dissolution shall
not take away or impair any remedy given against any such
corporation, its stockholders, or officers, for any liability
which shall have been previously incurred."

"The Broadway Railroad charter was formed under chapter 252 of the laws of 1884, entitled 'An act to provide for the construction, extension, maintenance, and operation of street surface railroads and branches thereof in cities, towns, and villages.'

"The first section of that act expressly provides that every corporation formed under it 'shall also have all the powers and privileges granted, and be subject to all the liabilities imposed by this act, or by the act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850, and the several acts amendatory thereof, except as the said acts are herein modified.'

"In the case of 'The People of the State of New York against Dispensary and Hospital Society of the Women's Institute of the city of New York' (7 Lansing, page 304), a corporation formed 'under an act of the Legislature of the State of New York, entitled "An act for the incorporation of benevolent, charitable, scientific, and missionary societies, passed April 12, 1848, and the acts amendatory thereof,"' was judicially determined to have forfeited its charter by reason of the payment of money as a reward for the use of influence in obtaining an appropriation from the State, and the corporation was dissolved by judgment of the court.

"The authority of the Legislature to repeal a charter is much broader than the judicial authority. It is expressly declared by the Constitution and by the law to be in the discretion of the Legislature. It may be done on moral evidence of wrong-doing on the part of the corporation, while a court could only act on judicial proof. It may be done on grounds of public policy or expediency.

"The bill pending in the Senate for repealing the charter of the Broadway Company and annulling its franchise may do well enough if a Broadway railroad is to exist.

"Whether any holders of Broadway Railroad stock or bonds can be shown to be innocent and entitled to special indulgence, can be better judged of when the investigations are concluded.

"One thing is quite clear. The corruption of public officers in order to obtain possession of valuable franchises at much less than their real worth, can only be stopped by making such schemes impossible to result in any profit.

"A general law should be passed requiring every such franchise to be disposed of at public auction.

"If proofs cannot be found to bring the wrong-doers to criminal punishment, the confiscation of their investment will be a salutary warning to them and to the public generally."