[Footnote 1425: Conkling, Life of Conkling, p. 656.]

[Footnote 1426: "He who does a thing by the agency of another, does it himself."]

[Footnote 1427: The Nation, December 4, 1873.]

But Conkling used only the methods inherited with his leadership, and to all appearances the grasp of the Republican party in New York in January, 1873, was as firm as the most ardent partisan could desire. This feeling controlled the State convention at Utica on September 24 to such a degree that its action resembled the partisan narrowness of a ward caucus. Conkling did not attend, but his lieutenants, evidently considering the party vote as a force which only needed exhortation or intimidation to bring out, dropped Barlow, the attorney-general, without the slightest regard to public sentiment, and visited the penalty of party treason upon Thomas Raines, the State treasurer, for his support of Greeley. From a party viewpoint perhaps Raines deserved such treatment, but Francis C. Barlow's conduct of his office had been characterised by the superb daring with which he met the dangers and difficulties of many battlefields, making him the connecting link between his party and the Reform movement. He had prosecuted the Erie spoilers, and was then engaged in securing the punishment of the Tammany ring. O'Conor spoke of his "austere integrity" in refusing to accept millions as a compromise.[1428] Moreover it was conceded that Barlow, with the possible exception of Tilden and O'Conor, knew more of the canal frauds than any one in the State. The list of suits brought by him showed the rottenness of the whole system of canal management, while a recent letter, denouncing a leader of the Ring, did not veil his hostility to its individual members.[1429] This attack, boldly directed against a prominent Republican, aroused the fierce opposition of the contract manipulators, whose influence sufficed not only to defeat him, but to nominate the very man he had accused.

[Footnote 1428: Bigelow, Life of Tilden, Vol. 1, p. 245.]

[Footnote 1429: This letter, dated September 14, 1874, is published in nearly all the State papers of September 18. It is given in full in the New York Herald and Times.

Sanford E. Church, in a published interview, charged that the story of his connection with the ring originated with Barlow.—New York Tribune, April 2, 1875.]

To add to its shame the party in New York City made a bargain with Apollo Hall, an organisation gotten up by James O'Brien, the ex-sheriff, for the purpose of selling to the highest bidder. In 1871 by skilful manoeuvres the party freed itself from any suspicion of an alliance with this faction, and had thus to a very great extent obtained the direction of the Reform movement; but now, by dropping Barlow, ignoring his disclosures, and accepting O'Brien's offer, already rejected by Tammany with contempt, it sacrificed its hold upon the solid part of the community which had been taught that a vote for the Republican ticket was the only way to obtain the fruits of reform.[1430]

[Footnote 1430: The ticket presented was as follows: Secretary of State, Francis S. Thayer, Rensselaer; Comptroller, Nelson K. Hopkins, Erie; Treasurer, Daniel G. Fort, Oswego; Attorney-General, Benj. D. Silliman, Kings; Canal Commissioner, Sidney Mead, Cayuga; State Engineer, William B. Taylor, Oneida; Prison Inspector, Moss K. Platt, Essex.]

At the Democratic convention which met in Utica on October 1, Thomas Raines, whose adhesion to Greeley had made him a martyr, was nominated by acclamation. Here, however, the enthusiasm ended. The overwhelming defeat of the previous year had sapped the party of confidence, and candidates whom the convention desired refused to accept, while those it nominated brought neither prominence nor strength.[1431] The platform denounced the "salary grab," passed in the closing hours of the last Congress, and condemned the Credit Mobilier disclosures which had recently startled the country and disgraced Congress.[1432] Through its executive committee the Liberal party indorsed the Democratic nominees except for comptroller and prison inspector. For these offices it preferred the Republicans' choice of Hopkins and Platt.

[Footnote 1431: The following ticket was nominated: Secretary of State, Diedrich Willers, Seneca; Comptroller, Asher P. Nichols, Erie; Treasurer, Thomas Raines, Monroe; Attorney-General, Daniel Pratt, Onondaga; Canal Commissioner, James Jackson, Niagara; State Engineer, Sylvanus H. Sweet, Albany; Prison Inspector, George W. Mellspaugh, Orange.]

[Footnote 1432: James Brooks was the only New York congressman implicated. The committee, finding him guilty of corruption as a member of the House and as a government director of the Union Pacific Railroad, recommended his expulsion, but on February 27, 1873, the House, by a vote of 174 to 32 (34 not voting) changed the sentence to one of censure. Brooks died on April 30 following.]

Meanwhile the financial crash which began on September 18 by the failure of Jay Cooke & Co., spread an intense gloom over the State as well as the country, and although by the middle of October the panic, properly defined, had ended, a commercial crisis continued. By November 1 several railroads had defaulted in the payment of interest on their bonds, cotton and iron mills had closed, and many labourers were thrown out of employment. Criticism of the Administration's financial policy naturally followed, and men whose purchasing power had ceased turned against the Republicans, giving the State to the Democrats by 10,000 majority. With the aid of the Liberals, Hopkins and Platt received about 4,000 majority. On the question of electing or appointing judges, the people by an overwhelming vote pronounced in favour of election.

As in other "off years" the result of this contest indicated a general drift of political opinion. Ever since the Republican party came into power ebbs and flows had occurred at alternating biennial periods. A Democratic revival in 1862 followed Lincoln's election in 1860; his re-election in 1864 saw a similar revival in 1865; and Grant's decisive vote in 1868 brought a conservative reaction in 1870. It was perhaps natural to expect that after the President's re-election in 1872 something of the kind would happen in 1873. Nevertheless, Samuel J. Tilden saw in the result something more than the usual reaction. He believed the failure of the Republicans to associate themselves intimately with reformers and to manifest a loathing for all corrupt alliances, had added greatly to their burden, and early in the summer of 1874 he determined to run for governor.

On his return from Europe in the early fall of 1873 Tilden had found thoughtful men of both parties talking of him as a successor to Dix. To them the trials of Tweed and his confederates made it plain that substantial reform must begin at Albany, and they wanted a man whose experience and success in dealing with one Ring rendered it certain that he would assault and carry the works of the other. But Tilden was cunning. He betrayed no evidence of his desire until others confessed their unwillingness to take the nomination. To the average office-seeker running against Dix and his plurality of 55,000 was not an attractive race. Meanwhile John Kelly, realising the value of appearing honest, indicated a preference for Tilden.

There was something magnetic about the suggestion. Tilden was able, rich, and known to everybody as the foe of the Tweed ring. Besides he was capable, notwithstanding his infirmity, of making a forceful speech, full of fire, logic and facts, his quick, retentive memory enabling him to enter easily into political controversy. As a powerful reasoner it was admitted that he had few equals at the bar. Indeed, the press, crediting him with courage, perseverance, and indomitable industry, had pictured him as a successful leader and an ideal reformer. Tilden himself believed in his destiny, and when, at last, the time seemed ripe to avow his candidacy he carried on a canvass which for skill, knowledge of human nature, and of the ins and outs of politics, had rarely been approached by any preceding master. The press of the State soon reflected the growing sentiment in his favour. "In selecting him," said George William Curtis, "the party will designate one of its most reputable members."[1433] The New York Times spoke of him as a "man of unsullied honour,"[1434] and the Tribune declared that "his career in office, should he be elected, would be distinguished alike by integrity, decorum, administrative ability, and shrewd political management."[1435]

[Footnote 1433: Harper's Weekly, September 10, 1874.]

[Footnote 1434: July 24.]

[Footnote 1435: September 18.]

As one county after another instructed its delegates for Tilden, professional politicians exhibited much astonishment. To the Canal ring the trend of public sentiment toward a man of his record and independence was especially ominous. Suddenly, such violent opposition appeared that the New York Herald, studying the Democratic papers in the State, declared that outside of New York City only the Utica Observer, which was influenced by Kernan, favoured his nomination.[1436] It was openly charged that selfish ambition prompted his prosecution of the Tweed frauds, and that he was a cunning schemer, cold, reticent, and severe. Then men began to dissuade him. Friends counselled him not to take the risk of a nominating convention. Even Seymour, moved perhaps by ambitions of his own, discouraged him. If nominated, he wrote, you must expect the martyr's crown. "There has been a widespread plan to carry the convention against you. It was started last winter, and it shaped laws and appointments. The State officers are against you.... You will find the same combination at Syracuse that controlled at Rochester in 1871.... Our people want men in office who will not steal, but who will not interfere with those who do."[1437] Coupled with this opposition was the suggestion that Sanford E. Church, being in no wise identified with the Ring prosecutions, would make a more available candidate.

[Footnote 1436: New York Herald, September 7, 1874. See also Buffalo Courier, September 14.]

[Footnote 1437: Bigelow, Life of Tilden, Vol. 1, pp. 221-222.]

Earlier in the year Church, in an interview with Tilden, had declined to become a candidate, but afterward, as in 1872, he grew anxious for the honour, and finally gave Joseph Warren of the Buffalo Courier a written consent to accept if nominated with the concurrence of other candidates.[1438] Armed with this statement and with letters of withdrawal from others associated with the gubernatorial nomination, Warren sought Tilden with confidence. By prearrangement their meeting occurred on September 8 at the Delavan House in Albany. Several were present—Jarvis Lord, a senator from Rochester and an extensive canal contractor, DeWolf of Oswego, and other canal men. In the room adjoining Reuben E. Fenton waited.

[Footnote 1438: For copy of this statement see New York World, September 10, 1874.]

Tilden was not surprised at the latter's presence. He knew that in the event of his withdrawal, Fenton intended that the Liberals should nominate Church at their convention which assembled in Albany two days later.[1439] But Tilden, long familiar with the Ring's methods, refused to withdraw. On no theory could they make it appear to be his duty, and the longer they talked the more determined he became. Then John Kelly, in a published interview, gave Church's aspiration its death blow. "DeWolf of Oswego, Warren of Erie, and Senator Lord of Monroe," he said, "belong to what is called the Canal ring.... It has been their policy to control a majority of the canal board to enable them to control the canal contracts.... They have always been very friendly to Judge Church and of great assistance to him personally.... There was friendship existing between the old Tammany ring and this Canal ring."[1440] John Bigelow, the friend of Tilden, subsequently used stronger phrases. "Tilden knew the Canal ring had no more servile instrument in the State than the candidate they were urging. Church was poor; he was ambitious; he was not content with his place on the bench, and was only too ready at all times to combine with anybody on any terms to secure wealth and power."[1441] To Kelly's charges the Buffalo Courier retorted that "Tammany Hall under honest John Kelly is exactly the same as Tammany Hall under dishonest William M. Tweed."[1442]

[Footnote 1439: Buffalo Courier, September 11; New York Herald, September 9.]

[Footnote 1440: New York World, September 10, 1874.]

[Footnote 1441: Bigelow, Life of Tilden, Vol. 1, p. 226. See also the Nation, September 10, 1874.]

[Footnote 1442: September 11. Reprinted from the Rochester Union of September 4.]

When the Democratic State convention met a week later war existed between Kelly and the Canal ring.[1443] Warren intensified it by giving the Syracuse Standard a despatch declaring that Kelly's robberies while sheriff were as criminal as those of Garvey's and Ingersoll's of the Tweed ring.[1444] In the furious assault upon Tilden no reasons appeared other than the fear of the Canal ring that his administration would lead to its discomfiture. Indeed, the flankers of the reform movement found it difficult to agree upon a candidate, and when Amasa J. Parker finally consented to stand he did so to gratify Church's friends in the middle and western portions of the State, who resented the Kelly interview. That the bad blood between the Warren and Kelly factions did not break out in the convention was probably due to Seymour's conciliatory, tactful remarks. A single ballot, however, banished the thought of setting Tilden aside for some man less obnoxious to the Ring.[1445]

[Footnote 1443: September 16 and 17, at Syracuse.]

[Footnote 1444: New York World, September 17.]

[Footnote 1445: Tilden, 252; Parker, 126; Robinson, 6.]

The convention was not less fortunate in its selection of William Dorsheimer of Buffalo for lieutenant-governor. Many delegates, desiring a Democrat who would inspire enthusiasm among the younger men, preferred Smith M. Weed of Clinton, resourceful and brilliant, if unembarrassed by methods; but he succumbed to the earnest appeals of DeWitt C. Littlejohn in behalf of Liberal recognition.[1446] Dorsheimer possessed almost all the qualities that go to make up success in politics. He had courage and tact, fascination and audacity, rare skill on the platform, creditable associations, and marked literary attainments. Moreover, he had given up a United States attorneyship to follow Greeley.[1447] Not less helpful was the platform, drafted by Seymour, which abounded in short, clear, compact statements, without buncombe or the least equivocation. It demanded the payment of the public debt in coin, the resumption of specie payment, taxation for revenue only, local self-government, and State supervision of corporations. It also denounced sumptuary laws and the third term.

[Footnote 1446: William Dorsheimer, 193; Weed, 155; Stephen T. Hoyt of Allegany (Liberal), 34; Edward F. Jones of Broome (Liberal), 15.]

[Footnote 1447: He was appointed U.S. Attorney for the Northern District of New York on March 28, 1867. His successor's commission was dated March 23, 1871.—State Department Records.

The ticket nominated was as follows: Governor, Samuel J. Tilden, New York; Lieutenant-Governor, William Dorsheimer, Erie; Court of Appeals, Theodore Miller, Columbia; Canal Commissioner, Adin Thayer, Rensselaer; Prison Inspector, George Wagner, Yates.]

Although John Kelly aided in nominating Tilden, his desire for anti-ring candidates did not extend to the metropolis. William F. Havermeyer's sudden death in November made necessary the election of a mayor, and Kelly, to keep up appearances, selected William H. Wickham, his neighbour, an easy-going diamond merchant, whose membership on the Committee of Seventy constituted his only claim to such preferment.[1448] But here all semblance of reform disappeared. James Hayes, charged with making half a million dollars during the Tweed regime, became the candidate for register, and of fifteen persons selected for aldermen nine belonged to the old Ring, two of whom were under indictment for fraud.[1449] Evidently Warren did not betray ignorance when he pronounced the new Tammany no better than the old. The Republicans presented Salem H. Wales for mayor, while the Germans, declining to act with Kelly, selected Oswald Ottendorfer, the editor, a most able and upright citizen who had proven his fidelity to the reform movement.

[Footnote 1448: "Wickham has no conception beyond making a pleasant thing for himself and our friends out of the seat which he occupies." Letter of Charles O'Conor.—Bigelow, Life of Tilden, Vol. 1, p. 245.]

[Footnote 1449: Myers, History of Tammany Hall, p. 307.]

The Republicans renominated John A. Dix with other State officials elected in 1872,[1450] and had the Custom-house sincerely desired the Governor's re-election, the expediency of a coalition with Ottendorfer's supporters must have appealed to it as highly important. Dix had made an admirable executive. His decisions of questions regardless of men and of the next election excited popular confidence, and the power of public opinion had forced his renomination by acclamation. But his independence could not be forgiven. Moreover, the platform gave him little assistance. It neither denounced corruption, demanded relief from predatory rings, nor disapproved a third term. Except as to resumption and the payment of the public debt in coin, it followed the beaten track of its predecessors, spending itself over Southern outrages. Although several delegates had prepared resolutions in opposition to a third term, no one dared present them after Conkling had finished his eulogy of the President.

[Footnote 1450: The convention met at Utica on September 23. The ticket was as follows: Governor, John A. Dix, New York; Lieutenant-Governor, John C. Robinson, Broome; Court of Appeals, Alexander S. Johnson, Oneida; Canal Commissioner, Reuben W. Stroud, Onondaga; Prison Inspector, Ezra Graves, Herkimer.]

The Liberals who assembled at Albany on September 10 had about finished their course as a separate party. Their creed, so far as it represented practical, well-meditated reform, was a respectable, healthy faith, but the magnet which attracted the coterie of Republicans whose leadership gave it whatever influence it exerted in the Empire State was Horace Greeley. When he died their activity ceased. Besides, the renomination of Dix, who had little liking for the organisation and no sympathy with a third term, now afforded them good opportunity to return to the fold. The Albany convention, therefore, represented only a small fraction of the original dissenters, and these adjourned without action until the 29th. On reconvening a long, acrimonious discussion indicated a strong disposition to run to cover. Some favoured Tilden, others Dix, but finally, under the lead of George W. Palmer, the convention, deciding to endorse no one, resolved to support men of approved honesty, who represented the principles of the Cincinnati convention and opposed a third term.[1451]

[Footnote 1451: On June 23 the friends of total abstinence, resenting Dix's veto of a local option measure passed by the Legislature of 1873, assembled at Auburn, approved the organisation of a Prohibition party, and nominated a State ticket with Myron H. Clark for governor. About 350 delegates from twenty-five counties were present.]

As the days shortened the campaign became more spirited. Tilden, putting himself in close relation with every school district in the State, introduced the clever device of mailing a fac-simile of one of his communications, thus flattering the receiver with the belief that he possessed an autograph letter. His genius for detail kept a corps of assistants busy, and the effort to inspire his desponding partisans with hope of success made each correspondent the centre of an earnest band of endeavourers. Meanwhile the Democratic press kept up a galling fire of criticism. Dix had escaped in 1872, but now the newspapers charged him with nepotism and extravagance. "Governor Morgan had two aides in time of war," wrote Seymour, "while Dix has six in time of peace. Morgan had one messenger, Dix has two. Morgan had a secretary at $2,000; Dix had the pay put up to $3,500—and then appointed his son.... The people think the Governor gets $4,000; in fact, under different pretexts it is made $14,000."[1452] An attempt was also made to connect him with the Credit Mobilier scandal because of his presidency of the Union Pacific road at the time of the consideration of the Oakes Ames contract.[1453] That the Governor had no interest in or connection with the construction company availed him little. Other men of approved honesty had become involved in the back-salary grab, the Sanborn claims, and the Credit Mobilier, and the people, quickly distrusting any one accused, classed him with the wrong-doers.

[Footnote 1452: Bigelow, Life of Tilden, Vol. 1, p. 233.]

[Footnote 1453: Morgan A. Dix, Life of Dix, Vol. 2, pp. 128, 149.]

Moreover, Dix laboured under the disadvantage of having apathetic party managers. "They deliberately refused to support him," said his son, "preferring defeat to the re-election of one whom they desired to be rid of."[1454] Conkling, in his speech at Brooklyn,[1455] rebuked the spirit of calumny that assails the character of public men, but he neglected to extol the record of a patriotic Governor, or to speak the word against a third term which would have materially lightened the party burden.

[Footnote 1454: Morgan A. Dix, Life of Dix, Vol. 2, pp. 195-196.]

[Footnote 1455: October 30, 1874.]

When the opposition press began its agitation of a third term, charging that the country was "drifting upon the rock of Caesarism,"[1456] few men believed such an idea sincerely entertained. Nevertheless, as the election approached it aroused popular solicitude. Congressmen who hurried to Washington in the hope of being authorised to contradict the accusation, returned without an utterance to disarm their opponents, while the Democrats not only maintained that Grant himself was not averse to using his official position to secure the nomination, but that eighty thousand office-holders were plotting for this end.[1457] As the idea had its inception largely in the talk of a coterie of Grant's political and personal friends, Conkling's eulogies of the President seemed to corroborate the claim. So plainly did the Times stagger under the load that rumours of the Tribune's becoming a Conkling organ reached the Nation.[1458] It could not be denied that next to the commercial depression and the insolence of the Canal ring, the deep-seated dissatisfaction with Grant's administration influenced public sentiment. Excluding the inflation veto the record of his second term had not improved upon the first, while to many his refusal to disclaim the third-term accusation became intolerable.

[Footnote 1456: New York Herald, July 7, 1873.]

[Footnote 1457: The Nation, October 29, 1874.]

[Footnote 1458: April 16, 1874.]

The municipal contest in New York City also developed embarrassments. Barring a few appointments Havermeyer had made a fair record, having improved the public school system, kept clean streets, and paid much attention to sanitary conditions. Moreover, he distributed the revenue with care, and by the practice of economy in the public works reduced expenses nearly eight millions. The winter of 1873-4 proved a severe one for the unemployed, however, and to catch their votes Kelly, with great adroitness, favoured giving them public employment. This was a powerful appeal. Fifteen thousand idle mechanics in the city wanted work more than public economy, while thousands in the poorer districts, seeking and receiving food from Tammany, cheered the turbulent orator as he pictured the suffering due to Havermeyer's policy and the hope inspired by Kelly's promises.

Havermeyer's accusations against Kelly also recoiled upon his party. In the course of a bitter quarrel growing out of Kelly's appointment of Richard Croker as marshal,[1459] the Mayor publicly charged "Honest John" with obtaining while sheriff $84,482 by other than legal methods.[1460] "I think," said Havermeyer, "you were worse than Tweed who made no pretensions to purity, while you avow your honesty and wrap yourself in the mantle of purity."[1461] Kelly's prompt denial, followed by a suit for criminal libel, showed a willingness to try the issue, but Havermeyer's sudden death from apoplexy on the morning of the trial (November 30), leaving his proofs unpublished, strengthened Kelly's claim that "Tammany is the only reform party in existence here to-day."[1462]

[Footnote 1459: Until then Croker had been an attache of Connolly's office.]

[Footnote 1460: "No law authorised Kelly to include convictions in the Police Courts, yet he did include them, thereby robbing the city of over thirty thousand dollars. He charged, at one time, double the rates for conveying prisoners to and from the Island; at another, 133 per cent. more. He charged for 11,000 vagrants committed to the work-house, a clear fraud upon the treasury."—New York Times, October 20, 1875.]

[Footnote 1461: New York papers of September 18, 1874.]

[Footnote 1462: New York World, September 10, 1874.]

The Republican press, apparently with effect, enlarged upon the general excellence of Dix's administration, but early in the campaign the people showed greater liking for reform at home than abhorrence of outrages in the South, and the result proved a political revolution, Tilden receiving a plurality of 50,317 and Dorsheimer 51,488.[1463] Besides the State ticket the Democrats carried the Assembly and eighteen of the thirty-three congressional districts. With the exception of James Hayes, who was defeated for register by over 10,000 majority, Tammany likewise elected its entire ticket.[1464]

[Footnote 1463: In 1872 Dix had 55,451.]

[Footnote 1464: Tilden, 416,391; Dix, 366,074; Clark, 11,768; Dorsheimer, 416,714; Robinson, 365,226; Bagg, 11,310.

New York City: Tilden, 87,623; Dix, 44,871; Clark, 160; Wickham, 70,071; Wales, 36,953; Ottendorfer, 24,226. Legislature: Assembly, Democrats, 75; Republicans, 53. Senate, Democrats, 12; Republicans, 18; Independents, 2. The Senators were elected in 1873.]

Democratic success was not confined to New York. Small majorities were obtained in Ohio and Indiana as well as in Pennsylvania and Massachusetts, and for the first time since 1861 the House of Representatives passed into the control of that party. The financial depression plainly operated to the great advantage of the Democrats, but in allowing Tilden to pre-empt the reform issue when men were intent upon smashing rings, the Republicans opened the door for their destruction. "They [the Republican leaders] have apparently believed the people would submit to anything and everything," said the Times, "and that the party was indestructible. If a newspaper warned them in a friendly but firm spirit against the policy of blundering, it was treated with a mixture of the insolence and arrogance which they exhibited toward all opposition."[1465]

[Footnote 1465: New York Times, November 4, 1874.

Eleven amendments to the Constitution were ratified at this election. Those relating to political matters required thirty days' residence in an election district; abolished property qualification, thus removing all distinction between white and coloured voters; fixed the pay of legislators at $1500 per year, without limiting the length of a session; changed the terms of governor and lieutenant-governor from two to three years, with salaries of $10,000 and $5,000, respectively; required two-thirds of all the members elected to each house to override the governor's veto; authorised the veto of individual items in an appropriation act; and prohibited extra compensation being paid to a canal contractor.]



CHAPTER XXV

RIVALRY OF TILDEN AND CONKLING

1875

If further evidence of Tilden's supremacy in his party were needed, the election of Francis Kernan to the United States Senate furnished it. It had been nearly thirty years since the Democrats of New York were represented in the Senate, and Tilden sent his staunchest supporter to take the place of Fenton.[1466] This fidelity disturbed the members of the Canal ring, who now anxiously awaited the development of the Governor's policy. The overthrow of the Tammany ring and the memory of Tweed's fate hung about them like the shadow of a great fear.

[Footnote 1466: The Republicans voted for ex-Governor Edwin D. Morgan, the vote standing: Kernan, 87; Morgan, 68; Hoffman, 1.]

Tilden did not strike at once. Treating the matter as he did the Tweed disclosures, he secretly studied the methods of the Ring, examined more than one hundred contracts, and employed a civil engineer to verify work paid for with that actually done. So severe was the strain of this labour that in February he suffered a cerebral attack nearly akin to paralysis.[1467] Of the character or purpose of his work no one had any intimation, and guilty men who obsequiously complimented him thought him weak and without the nerve to harm them. But on the 18th of March (1875) he thrilled the State and chilled the Ring with a special message to the Legislature, showing that for the five years ending September 30, 1874, millions had been wasted because of unnecessary repairs and corrupt contracts. Upon ten of these fraudulent contracts the State, it appeared, had paid more than a million and a half, while the proposals at contract prices called for less than half a million. This result, he said in substance, was brought about by a unique contrivance. The engineer designated the quantity and kinds of work to be done, and when these estimates were published by the commissioners, the favoured contractor, learning through collusion what materials would actually be required, bid absurdly low prices for some and unreasonably high rates for others. After the contract was let, changes made in accordance with the previous secret understanding required only the higher priced materials. Thus the contractor secured the work without competition or real public letting.[1468]

[Footnote 1467: Bigelow, Life of Tilden, Vol. 1, p. 285.]

[Footnote 1468: The Governor plainly illustrated this device. The engineer having estimated the amount of work and materials, the bidders added their prices.

A bid as follows:

100 cubic yards of vertical wall, at $3 $ 300.00 3,855 cubic yards of slope wall, at $1.50 5,782.50 2,400 feet B.M. white oak, at $50 120.00 60,000 feet B.M. hemlock, at $15 900.00 —————— Total estimate of A $ 7,102.50

B bid as follows:

100 cubic yards of vertical wall, at $6 $ 600.00 3,855 cubic yards of slope wall, at 30 cents 1,156.50 2,400 feet B.M. white oak, at $70 168.00 60,000 feet B.M. hemlock, at $3 180.00 —————— Total estimate of B $ 2,104.50

B was given the contract as the lowest bidder, after which the work was changed as follows:

3,955 cubic yards of vertical wall, at $6 $ 23,730.00 62,400 feet B.M. white oak, at $70 4,368.00 —————— Actually paid B by the State $ 28,098.00

On ten of these contracts, originally amounting to $424,735.90 the State paid $1,560,769.84.—Tilden's Public Writings and Speeches, Vol. 2, pp. 106-108.]

The Governor recommended various measures of reform, notably a new letting after any change in the proposals for bids. He also suggested an investigation of the frauds already perpetrated, and for this purpose the Senate confirmed a non-partisan commission,[1469] who quickly reported that the work of one contractor showed fraudulent estimates, false measurements, and a charge of $150,337.02 for excavations and embankments that were never made. Neither surveys nor estimates preceded the letting of the contract, while in every instance he appeared as the lowest bidder. Eleven additional reports made during the year showed that similar frauds were repeatedly practised by him and other contractors. In each case arrests, indictments, and suits for restitution promptly followed.[1470] It also appeared that the auditor of the canal department, a former Republican candidate for secretary of state, had made use of his office to speculate in canal drafts and certificates.

[Footnote 1469: This commission was composed of John Bigelow, Daniel Magone of Ogdensburg, Alexander E. Orr of Brooklyn, and John D. Van Buren of New York.]

[Footnote 1470: Indictments were found against the son of a State senator, a member of the board of canal appraisers, an ex-canal commissioner, two ex-superintendents of canals and one division engineer, besides numerous subordinates and contractors.—See Bigelow's Life of Tilden, pp. 262-263; for names of the parties, see Appleton's Cyclopaedia, 1875, p. 558.]

The excitement over these revelations recalled the indignation following the Tweed disclosures. Every voter in every corner of the State knew of them. Furthermore, the arrests of contractors and officials along the line of the canal multiplied evidence of the Governor's courage. He spared no one. Of the principal officials and ex-officials indicted all save two were Democrats,[1471] but his administration knew no party and expressed no concern. Such creditable public service made a profound impression, and during a visit to the western part of the State in August, the people accorded him the attention given to a conqueror. From Albany to Buffalo crowds everywhere saluted him with bands of music and salvos of artillery, while his addresses, characterised by plainness of speech, deprecated a reactionary policy.

[Footnote 1471: Bigelow, Life of Tilden, Vol. 2, p. 263.]

These demonstrations alarmed Republican leaders. They appreciated that his adroitness and energy in accumulating proof of Tweed's guilt had fixed the attention of the country upon him as a presidential candidate, and that the assault on the canal spoilers made his pretensions more formidable. Moreover, they realised that their own failure to lead in canal reform in 1873, evidenced by ignoring Barlow and his incriminating disclosures, yielded Tilden a decided advantage of which he must be dispossessed. To accomplish this two ways opened to them. Regarding the canal scandal as not a party question they could heartily join him in the crusade, thus dividing whatever political capital might be made out of it; or they could disparage his effort and belittle his character as a reformer. The latter being the easier because the more tolerable, many Republican papers began charging him with insincerity, with trickery, and with being wholly influenced by political aspirations. His methods, too, were criticised as undiplomatic, hasty, and often harsh. Of this policy Harper's Weekly said: "Those who say that the Governor's action is a mere political trick, and that he means nothing, evidently forget that they are speaking of the man who, when he once took hold of the Tweed prosecution, joined in pushing it relentlessly to the end."[1472]

[Footnote 1472: Harper's Weekly, August 28, 1875.]

This was the sentiment of George William Curtis, who presided at the Republican State convention.[1473] It also became the policy of the managers whom defeat had chastened. They discerned the signs of the times, and instead of repressing hostility to a third term and dissatisfaction with certain tendencies of the National administration, as had been done in 1874, they deemed it wiser to swim with the current, meeting new influences and conditions by discarding old policies that had brought their party into peril. The delegates, therefore, by a great majority, favoured "a just, generous, and forbearing national policy in the South," and "a firm refusal to use military power, except for purposes clearly defined in the Constitution." They also commended "honest efforts for the correction of public abuses," pledged cooeperation "in every honourable way to secure pure government and to bring offenders to justice," and declared "unalterable opposition to the election of any President for a third term."[1474] Furthermore, the convention sought candidates of prominence and approved integrity. In the presence of threatened defeat such men were shy. William H. Robertson of Westchester thrice declined the comptrollership, and insistence upon his acceptance did not cease until James W. Husted, springing to his feet, declared that such demands were evidently intended as an insult. Then Edwin D. Morgan proposed George R. Babcock, a distinguished lawyer of Buffalo, who likewise declined. In a short, crisp letter, John Bigelow, chairman of the canal investigating committee, rejected the proffered honour. Finally, the choice fell upon Francis E. Spinner, formerly United States treasurer, and although he sent two unconsenting telegrams, the convention refused to revoke its action. Despite such embarrassments, however, it secured an array of strong, clean men.[1475]

[Footnote 1473: Held at Saratoga on September 8, 1875.]

[Footnote 1474: Appleton's Cyclopaedia, 1875, p. 560.]

[Footnote 1475: The ticket was as follows: Secretary of State, Frederick W. Seward, New York; Comptroller, Francis E. Spinner, Herkimer; Treasurer, Edwin A. Merritt, St. Lawrence; Attorney-General, George F. Danforth, Monroe; Engineer, Oliver H.P. Cornell, Tompkins; Canal Commissioner, William F. Tinsley, Wayne; Prison Inspector, Benoni J. Ives, Cayuga.]

A week later the Democrats assembled at Syracuse. They quickly retired an anti-Tammany delegation led by John Morrissey,[1476] reaffirmed the platforms of 1872 and 1874, and nominated John Bigelow for secretary of state. Bigelow, well known as a former editor of the Evening Post and more recently minister to France, had always been a Republican. Indeed, Tilden named and a Republican Senate confirmed him as one of two Republicans on a non-partisan board; but for reasons best known to himself Bigelow changed his party in the twinkling of an eye. Associated with him were John D. Van Buren, also upon the canal commission; Lucius Robinson, who won, when comptroller in 1862, great honour in the teeth of much obloquy by paying the State interest in coin; and Charles S. Fairchild, then a young lawyer earning substantial credit, like Bigelow and Van Buren, in the prosecution of the Canal ring.[1477] In naming this ticket Tilden had exhibited his characteristic shrewdness. He exaggerated the partisan aspect of administrative reform, and strengthened his candidacy for President by appropriating the glory.

[Footnote 1476: After James Hayes' defeat for register in 1874, Kelly deprived Morrissey of his district leadership because he stirred up disaffection among the working men and sowed seeds of disloyalty. In their contest the Morrissey and Kelly factions were known as "Swallow-tails" and "Short-hairs," Morrissey, to rebuke Wickham's custom of requiring cards of callers in advance of admission to his office, having called upon the Mayor during business hours in evening dress, with white kids and patent-leather pumps.]

[Footnote 1477: The ticket was as follows: Secretary of State, John Bigelow, Ulster; Comptroller, Lucius Robinson, Chemung; Attorney-General, Charles S. Fairchild, New York; Treasurer, Charles N. Ross, Cayuga; Engineer, John D. Van Buren, New York; Canal Commissioner, Christopher A. Walruth, Oneida; Prison Inspector, Rodney R. Crowley, Cattaraugus.

On September 22 the Liberals met at Albany. They eulogised Tilden by name, favored the Greeley doctrine of a single term for President, arraigned the Federal administration, and recommended the support of candidates who would cooeperate with the Executive in his work of reform.

For governor the Prohibitionists nominated George H. Dusenberre.]

The Republican press, quickly interpreting his purpose, now changed from praise to censure, scrutinising and criticising every act in his long public career. It reviewed his war record, disclosed his part in the convention of 1864, and hinted at uncanny financial transactions. His service as the figurehead of Tweed's conventions, and his passiveness after possessing knowledge of the infamous circular of 1868 to which his name had been forged, also became the subject of severe censure. Though he neither shared Tweed's corrupt counsels nor sanctioned his audacious schemes, Tilden's abhorrence of wrong, it was argued, seemed insufficient to break his silence. But the accusation that cut the deepest, because without palliation, illuminated his declination to attend the great indignation meeting that appointed the Committee of Seventy. This fact, established by abundant proof as well as by his conspicuous absence, created the belief that had the Times' exposure failed fatally to wound the Ring, he would have shrunk from defying Tweed.

In the presence of such a record it was ludicrous to deny that Tilden, although resembling a reformer, was simply an adroit politician, who had cultivated some queer political associates and had countenanced some very shady transactions. Nevertheless, Tilden would not be diverted from the singleness of his purpose. To make the issue a personal one he took the stump and traversed the State from one end to the other, always addressing immense crowds. At Utica the contemporary press estimated the throng at twenty-five thousand persons. With directness and business brevity he sought to arouse the people to the importance and gravity of the issues at stake. "To-day about one-half of the tax contributed by the farmer," he said, "goes to the State to carry on public affairs.... It is in the power of the Legislature and the Executive at Albany to reduce this State tax one-half if you send the right men.... We began this work last winter. It made great conflict and turmoil, the attempt to remove the fungus-growths which had sprung up all over our State institutions, and which were smothering their vitality.... It is not alone the saving of dollars and cents, for you cannot preserve your present system of government unless you purify administration and purify legislation."[1478]

[Footnote 1478: Address at Utica Fair, September 30, 1875.—Tilden's Public Writings and Speeches, Vol. 2, pp. 229-233.]

During the anti-slavery struggle Tilden's incapacity to measure the moral force of public sentiment had undoubtedly kept him in error. He failed entirely to appreciate the close connection between rebellion and slavery, and in finally yielding to the war-failure resolution at Chicago in 1864 he did not realise how completely abolition and a restoration of the Union were associated in the hearts of the people. But with the advent of the business period, although his bodily presence was weak and the external elements of popularity were wanting, his subtle, strong mind and great administrative capacity brought him irresistibly to the front, and his shrewd, homely appeals, without mixed metaphors or partisan allusions, reduced the issue of the campaign to the attractive one of saving dollars and cents by protecting the treasury against the raid of canal spoilers.

Conkling did not attend the Saratoga convention.[1479] But he did not remain silent during the campaign. The Democratic and independent press, illuminating the story of Louisiana under carpet-bag-negro rule which culminated in the ejection of members of the Legislature by a file of soldiers under command of General Sheridan, had greatly increased the disfavour of the Administration's policy toward the South.[1480] So intense had been the excitement following the publication of Sheridan's despatches that a great indignation meeting called out William Cullen Bryant, then past eighty, who addressed it "with the vehemence and fire of a man of thirty."[1481] Moreover, the exposure of the Whiskey ring which began under Bristow, then secretary of the treasury, added to the advantage of the Democrats. The chief conspirator figured as Grant's most generous gift-giver, who claimed collusion with the President's private secretary. The Executive's evident displeasure with Bristow also increased the unrest. Indeed, it seemed a period of exposure. Public opinion had become aroused and inflamed. "Great as are the frauds of Tammany," said Charles A. Dana, "they sink into insignificance not only beside those of the carpet-bag governments of the South, but still more beside those committed by the Republican Administration at Washington."[1482]

[Footnote 1479: In the summer of 1875 he made a brief visit to Europe.—Conkling, Life of Conkling, p. 490.]

[Footnote 1480: See Rhodes' History of the United States, Vol. 7, pp. 104-127. Also, Tilden's message to the Legislature, January 12, 1875, Public Writings and Speeches, Vol. 2, pp. 75-84.]

[Footnote 1481: Godwin, Life of Bryant, p. 357. This meeting was held January 11.]

[Footnote 1482: New York Sun, February 17.]

These revelations, however, did not call more loudly for Conkling's defence of his party than did the popular applause which everywhere greeted the reform Governor. The work and rising fame of Tilden alarmed the Senator if it did not irritate him. He saw the tremendous throng at Utica; he had read the plain, brief, unadorned statement about dividing the State-tax by two; and he recognised a rival who had leaped into the political arena full-armed and eager. Moreover, Conkling was himself a candidate for President. Grant's letter of May 29,[1483] interpreted as a declination to be a candidate for a third term, set him free to enter the lists, and the argument of his availability, based upon his power to carry the pivotal State, made a Republican victory in 1875 of the highest importance. For him to take part in the campaign, therefore, was imperative, and he selected Albany as the place and October 13 as the day to begin. Other engagements followed at Buffalo, Utica, New York, and elsewhere.[1484]

[Footnote 1483: Appleton's Cyclopaedia, 1875, p. 743.]

[Footnote 1484: See remarks of Forster of Westchester, a delegate to the Republican State convention of March 22, 1876.—New York Tribune, March 23, 1876.]

Attracted by the critical situation and an intense curiosity great audiences greeted him, and hundreds of friends cheered an address, which, as usual, contained from his point of view the whole Republican case. He recited the Democratic party's history during the war; described reformers as selfish, hypocritical, and pure, placing Republicans in the last category; claimed that the canal frauds originated under Democratic rule and were connived at by Democratic State officials; and proved that Republicans had administered the canals and the State's finances more economically than the Democrats. He also admitted reform to be the principal issue, thanked Tilden for the little he had accomplished, severely castigated Bigelow for accepting place on the canal commission as a Republican and on the State ticket as a Democrat, and drew attention to Kelly as a bad man and to the extravagance of Democratic rule in New York City. Throughout it all his treatment was characteristically bold, brilliant, and aggressive. "The bright blade of his eloquence with its keen satiric edge flashed defiantly before the eyes of the applauding audience,"[1485] and every period exhibited his profound sense of the duty of maintaining the ascendency of a party which to him promised best for the public.

[Footnote 1485: The Nation, October 28.]

With wisdom and sound argument Conkling had opposed inflation, and after the passage of the bill on April 14, 1874, he had encouraged the President's veto. He had likewise advocated with no less fervour and sagacity the resumption of specie payment, which became a law on January 14, 1875. This service justly entitled him to the highest praise. Nevertheless, in his speech at Albany he failed to show that Republican success in 1875 would not mean a continuation of those things which helped a Republican defeat in 1874. Hostility to a third term and sympathy with a generous Southern policy were the conspicuous features of the Saratoga platform, and upon these issues he maintained a notable silence. His address was rather an appeal to the past—not an inspiring assurance for the future, seeking pure administration. Of his personal honesty no one entertained a doubt, but for party ends he had failed to use his opportunities in exposing and correcting abuses. To him the country under Republican rule, whatever its shortcomings, was in the safest hands, and he exhibited no sympathy with those whose great love for their party made them long to have it stand for civic righteousness, regardless of whom it might destroy.

As the campaign grew older Republicans cherished the hope of victory. The break between Kelly and Morrissey had led to the formation of the Irving Hall Democracy. In this organisation all anti-Tammany elements found a home, and to test its strength Morrissey declared himself a candidate for the Senate in the fourth or old Tweed district, which usually recorded eleven thousand majority for Tammany. The Republicans promptly endorsed the nomination. This challenge had turned the whole city into turmoil. Morrissey's audacity in selecting the invincible stronghold of Tammany for his field of battle, throwing the glamour of a gloveless ring-contest over the struggle, brought into life all the concomitants of such a bout. Kelly, leaving his uptown home, personally led the Tammany forces, and on election day the paralytic, the maimed, and men feeble from sickness were brought to the polls.

Nevertheless, when the votes were counted Morrissey proved the winner. Indeed, to the chagrin of Kelly and the alarm of the Democrats, Tammany candidates had fallen in every part of the city, their overthrow encouraging the belief that the State had been carried by the Republicans. Subsequently, when Bigelow's plurality of nearly fifteen thousand was established, it made defeat doubly disheartening.[1486] It put Tilden on a pinnacle. It left Conkling on the ground.

[Footnote 1486: Bigelow, 390,211; Seward, 375,401. Robinson, 389,699; Spinner, 376,150. Legislature: Senate: 20 Republicans, 12 Democrats. Assembly: 71 Republicans, 57 Democrats. Morrissey's majority, 3,377. Dusenberre, Prohibitionist, total vote, 11,103.—Appleton's Cyclopaedia, 1875, p. 564.

Bigelow's majority in New York City was 17,013.—New York World, November 7, 1875.]



CHAPTER XXVI

DEFEAT OF THE REPUBLICAN MACHINE

1876

Much discussion of Conkling's candidacy for President followed the defeat of his party in 1875. The Union League Club, a body of earnest Republicans and generous campaign givers, declared for pure government and a reforming Executive. Several county conventions voiced a protest against pledged delegations, and Harper's Weekly, in order to divide Republicans more sharply into Conkling and anti-Conkling advocates, suggested, in a series of aggressive editorials, that a reform Democrat might be preferable to a Republican who represented the low tone of political honour and morality which exposed itself in official life. On the assembling of the State convention (March 22) to select delegates to Cincinnati, Curtis opened the way wider for a determined struggle. "The unceasing disposition of the officers and agents of the Administration to prostitute the party organisations relentlessly and at all costs to personal ends," he said, "has everywhere aroused the apprehension of the friends of free government, and has startled and alarmed the honest masses of the Republican party."[1487] This shot fired across the bow of the organisation brought its head into the wind.

[Footnote 1487: New York Tribune, March 23, 1876.]

The Conkling managers had secured a majority of the delegates, whose desire to advertise an undivided sentiment for the Senator in New York manifested itself by a willingness to yield in the interest of harmony. Finally, their resolution to instruct the delegation to vote as a unit took the more modest form of simply presenting "Roscoe Conkling as our choice for the nomination of President." Curtis, refusing his assent, moved a substitute that left the selection of a candidate to the patriotic wisdom of the National convention "in full confidence that it will present the name of some tried and true Republican whose character and career are the pledge of a pure, economical, and vigorous administration of the government." This was an issue—not a compromise. It practically put Conkling out of the race, and after its presentation nothing remained to be done except to call the roll. At its completion the startling discovery was made that of the 432 delegates present only 363 had answered, and that of these 113 had boldly stood with Curtis. Equally impressive, too, was the silence of the 69 who refrained from voting. Thus it appeared that, after the whole office-holding power had worked for weeks to secure delegates, only 33 more than a majority favoured even the presentation of Conkling's name. It was recalled by way of contrast that in 1860, Seward, without an office at his command, had led the united Republican enthusiasm of the State.

Following the example of Seward's supporters at Chicago, the friends of Conkling at Cincinnati occupied an entire hotel, distributed with lavishness the handsome State badge of blue, entertained their visitors with a great orchestra, paraded in light silk hats, and swung across the street an immense banner predicting that "Roscoe Conkling's nomination assures the thirty-five electoral votes of New York." These headquarters were in marked contrast to the modest rooms of other States having favourite sons. No Blaine flag appeared, and only an oil portrait of Hayes adorned the Ohio parlours. A Philadelphia delegate, after surveying the Grand Hotel and the marchers, ironically remarked that "it was a mystery to him where the Custom-house got bail for all those fellows."[1488]

[Footnote 1488: New York Tribune, June 15, 1876.]

The appearance of Edwin D. Morgan, who called the convention to order, evoked long-continued applause. It recalled two decades of stirring national life since he had performed a like duty in 1856. Theodore M. Pomeroy's selection as temporary chairman likewise honoured New York, and his address, although read from manuscript, added to his fame as an orator. In seconding the nomination of Bristow, George William Curtis, speaking "for that vast body of Republicans in New York who have seen that reform is possible within the Republican party," won his way to the convention's heart as quickly as he did in 1860, although each person present avowed, after Robert G. Ingersoll had spoken, that for the first time he understood the possible compass of human eloquence.[1489]

[Footnote 1489: Official Proceedings of National Republican Conventions, p. 292.]

Until the deciding ballot New York's part in the convention proved perfunctory. Beyond the sound of its music and the tread of its marchers neither applause nor good will encouraged its candidate. Reformers regarded Conkling as the antithesis of Bristow, supporters of Morton jealously scowled at his rivalry, and the friends of Blaine resented his attitude toward their favourite. Only Hayes's little band of expectant backers, hoping eventually to capture the New York delegation, gracefully accorded him generous recognition.[1490] Conkling's support, beginning with ninety-nine votes, gradually fell off to eighty-one, when the delegation, without formally withdrawing his name, dropped him with not a word and divided between Blaine and Hayes, giving the former nine votes and the latter sixty-one.[1491] In fact, Morton and Conkling, the two political legatees of Grant, fared about alike, their strength in the North outside their respective States aggregating only six votes. The President, believing a "dark horse" inevitable, wrote a letter favouring Hamilton Fish.[1492]

[Footnote 1490: New York Commercial Advertiser, September 28, 1877.]

[Footnote 1491: Conkling's votes came from the following States: California, 1; Florida, 3; Georgia, 8; Michigan, 1; Mississippi, 1; Missouri, 1; Nevada, 2; New York, 69; North Carolina, 7; Texas, 3; Virginia, 3. Total, 99. George William Curtis refused to vote for Conkling.

Seven ballots were taken, as follows:

Blaine 285 296 293 286 308 351 Bristow 113 114 121 126 111 21 Morton 124 120 113 108 85 Conkling 99 93 90 84 81 Hayes 61 64 67 68 113 384 Hartranft 58 63 68 71 50 Jewell 11 Wheeler 3 3 2 2 2 2

On the final ballot the following New York delegates voted for Blaine: William H. Robertson, Westchester; James W. Husted, Westchester; Jacob Worth, Kings; John H. Ketcham, Dutchess; Jacob W. Haysradt, Columbia; James M. Marvin, Saratoga; Stephen Sanford, Montgomery; Amos V. Smiley, Lewis, and James C. Feeter, Herkimer.]

[Footnote 1492: John Russell Young, Around the World with General Grant, Vol. 2, p. 275.]

For Vice-President the convention turned to New York. Stewart L. Woodford was the choice of the delegation. In presenting Conkling's name his oratorical power had won admiration, while delegates from Ohio, Indiana, and other Western States, where his voice had been heard in opposition to Greenbackism, did not forget his unselfish devotion, nor the brilliant rhetoric that clothed his unanswerable arguments. But the Blaine States manifested genuine enthusiasm for William A. Wheeler, a man of pure life, simple habits, ripe culture, and sincere and practical principles, who had won the esteem of all his associates in Congress. To add to his charm he had a good presence and warm family affections. He possessed, too, a well-earned reputation for ability, having served with credit in the Legislature, in Congress, and as president of the constitutional convention of 1866-7. Conkling thought him "not very well known."[1493] Nevertheless, he had been mentioned for President, and throughout the long and exciting contest two delegates from Massachusetts kept his name before the convention. George F. Hoar, afterward the distinguished Massachusetts senator, became especially active in his behalf, and James Russell Lowell called him "a very sensible man."[1494] Outside delegations, therefore, without waiting for New York to act, quickly exhibited their partiality by putting him in nomination.[1495] Later, when the Empire State named Stewart L. Woodford, the situation became embarrassing. Finally, as the Wheeler vote rapidly approached a majority, the Empire delegation, to escape being run over again, reluctantly withdrew its candidate.[1496] The roll call, thus abruptly discontinued, showed Wheeler far ahead of the aggregate vote of all competitors, and on motion his nomination was made unanimous.[1497]

[Footnote 1493: New York Herald, June 17, 1876.]

[Footnote 1494: Hoar, Autobiography, Vol. 1, p. 244.]

[Footnote 1495: Wheeler's name was presented by Luke P. Poland of Vermont, and seconded by S.H. Russell of Texas, and Henry R. James of New York (Ogdensburg). Thomas C. Platt presented Woodford.

"Wheeler very much disliked Roscoe Conkling and all his ways. Conkling once said to him: 'If you will join us and act with us, there is nothing in the gift of the State of New York to which you may not reasonably aspire.' To which Wheeler replied: 'Mr. Conkling, there is nothing in the gift of the State which will compensate me for the forfeiture of my own self-respect.'"—Hoar, Autobiography, Vol. 1, p. 243.]

[Footnote 1496: "It was not to the credit of the New York delegation that Wheeler was obliged to look to other States for his presentation and support."—Utica Herald, June 17.]

[Footnote 1497: With fifteen States and Territories to be called, the vote stood as follows: Wheeler, 366; all others, 245.]

The rank and file of the party, exhibiting no discouragement because of the outcome at Cincinnati, sought a strong candidate to head their State ticket.[1498] To those possessing the reform spirit William M. Evarts appealed as a representative leader. He had indicated no desire to hold public office. Indeed, it may be said that he always seemed disinterested in political conditions so far as they affected him personally. Although his friends thought the old supporters of Seward, if not Seward himself, had failed to sustain him for the United States Senate in 1861 as faithfully as he would have supported the Secretary of State under like conditions, there is no evidence that he ever found fault. When in Hayes' Cabinet and afterwards in the Senate (1885-91), he did not take or attempt to take, either in the counsels of his party or of his colleagues, the leadership for which he was admirably fitted. It is doubtful, in fact, if he ever realised the strong hold he had upon the respect and admiration of the country. But the people knew that his high personal character, his delightful oratory, his unfailing wit and good-nature, and his great prestige as a famous lawyer of almost unexampled success commended him as an ideal candidate. Conspicuously among those urging his candidacy for governor in 1876 appeared a body of influential leaders from the Union League and Reform clubs of the metropolis, calling themselves Independents. The Liberals, too, added voice to this sentiment.[1499]

[Footnote 1498: The Republican State convention met at Saratoga on August 23.]

[Footnote 1499: Although many prominent Republicans who voted for Greeley in 1872 had previously renewed their allegiance, the Liberals as an organisation did not formally coalesce with the Republican party until August 23, 1876. On that day about 200 delegates, headed by John Cochrane and Benjamin F. Manierre, met in convention at Saratoga, and after accepting Hayes and Wheeler as the exponents of their reform principles, were invited amidst loud applause to seats in the Republican State convention.]

If the candidate could not be Evarts, the same elements evidenced a disposition to support Edwin D. Morgan, who had shown of late a disturbing independence of the machine. Of the other aspirants William H. Robertson presented his usual strength in the Hudson River counties.

Alonzo B. Cornell was the candidate of the organisation. Evarts had illustrated his independence in accepting office under President Johnson, in criticising the Grant administration, and in protesting against the Louisiana incident. Robertson, in voting for Blaine, had likewise gone to the outer edge of disloyalty. Nor did Morgan's attitude at Cincinnati commend him. His ambition, which centred in the vice-presidency, left the impression that he had cared more for himself than for Conkling. Under these circumstances the Senator naturally turned to Cornell, an efficient lieutenant, who, having encountered heavy seas and a head wind, hoisted the signal of distress and waited for Conkling's coming. The Senator, however, did not appear. His rooms were engaged, his name was added to the hotel register, and Cornell's expectant friends declared that he would again capture the convention with his oratory; but Conkling, knowing that in political conventions the power of oratory depended largely upon pledged delegations, prudently stayed away. Besides, he was not a delegate, his partisans in Oneida having been put to rout. This forced the withdrawal of Cornell, whose delegates, drifting to Morgan as the lesser of two evils, nominated him on the first ballot.[1500] Evarts was too great a man to be lifted into national prominence.

[Footnote 1500: Whole number of votes cast, 410. Necessary to a choice, 206. Morgan received 242; Evarts, 126; Robertson, 24; Martin, 1; Townsend, 18.]

For lieutenant-governor, Sherman S. Rogers of Erie and Theodore M. Pomeroy of Cayuga entered the lists. Encouraged by the folly of a few rash friends, Cornell also allowed his name to be presented, "since he had been grievously wronged," said his eulogist, "in the dishonest count of 1868."[1501] Cornell had adroitly extricated himself from humiliating defeat in the morning by a timely withdrawal, but not until George William Curtis declared his nomination "the most dangerous that could be made," and William B. Woodin of Cayuga had stigmatised him, did he fully appreciate his unpopularity as the representative of machine methods. Woodin's attack upon Cornell undoubtedly weakened Pomeroy. It possessed the delectable acidity, so reckless in spirit, but so delightful in form, that always made the distinguished State senator's remarks attractive and diverting. Although whatever weakened Pomeroy naturally strengthened Rogers, it added greatly to the latter's influence that he represented the home of William Dorsheimer, whom the Democrats would renominate, and in the end the Buffalonian won by a handsome majority.[1502]

[Footnote 1501: New York Tribune, August 24.]

[Footnote 1502: The ballot resulted: Rogers, 240; Pomeroy, 178. Necessary to a choice, 210.

The ticket was as follows: Governor, Edwin D. Morgan, New York; Lieutenant-Governor, Sherman S. Rogers, Erie; Court of Appeals, George F. Danforth, Monroe; Canal Commissioner, Daniel C. Spencer, Livingston; Prison Inspector, Charles W. Trowbridge, Kings.]

The day's work, however, left bitter thoughts. Conkling's absence exaggerated Arthur's poor generalship and George H. Sharpe's failure to support Cornell. Sharpe was one of the organisation's cleverest leaders, and his indifference to Cornell's interests left a jagged wound that was not soon to heal. Moreover, it could not be concealed that Morgan's nomination was a Pyrrhic victory. In fact, the conventions at Cincinnati and Saratoga had thrown the Conkling machine out of gear, and while the repair shop kept it running several years longer, it was destined never again to make the speed it had formerly attained.



CHAPTER XXVII

TILDEN ONE VOTE SHORT

1876

After the election in 1875 the eyes of the national Democracy turned toward Tilden as its inevitable candidate for President. He had not only beaten a Canal ring, strengthened by remnants of the old Tweed ring, but he had carried the State against the energies of a fairly united Republican party. Moreover, he had become, in the opinion of his friends, the embodiment of administrative reform, although he suffered the embarrassment of a statesman who is suspected, rightly or wrongly, of a willingness to purchase reform at any price.[1503] To prove his right to be transferred from Albany to Washington he now made his message to the Legislature a treatise upon national affairs.

[Footnote 1503: Tilden's policy of pardoning members of the Tweed ring had become intolerable. "On an average about nine out of ten men who were confessedly guilty of stealing were accepted as witnesses against the other one man, until the time came when there was but one man against whom any testimony could be used, and it was not considered wise to try him. It was a shameful condition of affairs."—John D. Townsend, New York in Bondage, p. 141.]

Dwelling at length upon the financiering of the Federal Government, Tilden sought to account for the financial depression, and in pointing to a remedy he advocated the prompt resumption of specie payment, criticised the dread of imaginary evils, encouraged economy in legislation, and analysed the federal system of taxation and expenditure. Furthermore, he sought to cut loose from the discredited past of his party, and in paying high tribute to the patriotism of the South, he expressed the hope that its acceptance of the results of the war might end forever the retribution visited upon it by the standing menace of military force.[1504]

[Footnote 1504: Tilden's Public Writings and Speeches, Vol. 2, pp. 237-295.]

The result at Cincinnati increased the necessity for nominating Tilden at St. Louis, since Wheeler's popularity would materially assist in replacing New York among reliable Republican States. Nevertheless, the predatory class who had felt the weight of Tilden's heavy hand fomented a most formidable opposition at the State convention.[1505] John Kelly deeply sympathised with the movement. He resented the rivalry and independence of the Sage of Gramercy Park, and he did not disguise his hostility. But Kelly's immediate need centred in the exclusion of the Morrissey delegation, and when the Tilden lieutenants proscribed it, the way was smoothed for the Governor's unanimous endorsement with the gag of unit rule.

[Footnote 1505: The Democratic State convention was held at Utica, April 26, 1876.]

The admission of Kelly's delegates, however, did not close the mouths of Tilden's opponents.[1506]. Organs of the Canal ring continued to urge Seymour or Church for President, maintaining that the convention's action did not bind the delegation. Church supported this interpretation of the declaration.[1507] But it remained for the Express, the authorised organ of Tammany, to stigmatise Tilden. With cruel particularity it referred to his many-sided conduct as counsel and director in connection with the foreclosure and reorganisation of certain railroads in Illinois, reciting details of the affair in a manner highly prejudicial to his integrity as a lawyer and his reputation as a man of wealth. "Of the weak points in Mr. Tilden's railroad record," the editor suggestively added, "we know more than we care to publish."[1508] It doubled the severity of the blow because suit had been instituted to compel Tilden to account for the proceeds of large amounts of bonds and stock, and instead of meeting the allegations promptly he had sought and obtained delay. This seemed to give colour to the indictment.

[Footnote 1506: "It is natural enough that the canal ring and its followers, Tammany and its adherents, and that sort of Democrats who are commonly called Bourbons, should labour to defeat the nomination for high office of the man who represents everything that they oppose, and opposes everything that they represent; but it will be a most discouraging thing to every person who hopes for good at the hands of the Democratic party if such opposition is permitted to prevail in its councils. He has put his principles in practice in the most fearless and resolute manner, and has made himself especially obnoxious to his opponents as their hostility to him clearly shows."—New York Evening Post (editorial by William Cullen Bryant), May 26, 1876.]

[Footnote 1507: New York Tribune, June 17.]

[Footnote 1508: New York Evening Express, June 23, 1876.]

At St. Louis Tilden's opponents, headed by John Kelly, Augustus Schell, and Erastus Corning, soon wore these insinuations threadbare.[1509] To their further declaration that in order to succeed in November the Democracy must have one October State and that Tilden could not carry Indiana, Dorsheimer and Bigelow, the Governor's spokesmen, replied that New York, New Jersey, and Connecticut could elect Tilden without Indiana. The colossal assurance of this answer characterised the convention's confidence in Tilden's strength. It possessed the South, the East, and the West. Hancock might be the favourite in Pennsylvania, Parker in New Jersey, Bayard in Delaware, Allen in Ohio, and Hendricks in Indiana, but as delegates entered the convention city the dense Tilden sentiment smothered them. Even scandal did not appreciably weaken it.

[Footnote 1509: The National Democratic convention assembled on June 27 and 28.]

There was nothing mysterious about this strength. Tilden represented success. Without him disaster threatened—with him victory seemed certain. His achievement in administrative reform exaggerated Republican failure; his grasp upon New York, the most vital State of the North, magnified Democratic strength; his leadership, based upon ideas and organisation, dwarfed political rivals; his acute legal mind, leading to the largest rewards in the realm of law, captivated business men; and his wealth, amassed in the field of railroad organisation and litigation, could fill Democracy's exchequer. Thus Tilden, standing less on the Democratic platform than on his own record, held the commanding position in his party, and the talk of his unpopularity or how he obtained wealth seemed to make as little impression as his professed devotion to the Wilmot Proviso in 1847, or his departure for a season from a lifelong pro-slavery record to bear a prominent part in the Barnburners' revolt of 1848. Indeed, so certain was Tilden of success that he did not ask for advices until after the nomination. James C. Carter of the New York bar, who happened at the time to be with him respecting legal matters, wondered at his unconcern. On their return from an evening drive Carter ventured to suggest that he would find telegrams announcing his nomination. "Not until half-past nine," Tilden replied.[1510]

[Footnote 1510: Bigelow, Life of Tilden, Vol. 1, p. 308.]

Nevertheless, the first call of States made the Tilden managers shiver.[1511] Alabama divided its vote, Colorado caused a murmur of disappointment, and the slump of Georgia and Illinois, with Missouri's division, threatened them with heart-failure. The South wabbled, and promised votes in the North found their way elsewhere. At the close of the first roll-call Missouri asked if its vote could be changed, and on receiving an affirmative answer, the Tilden men, pale with worried excitement, awaited the result. A change to Hancock at that moment would have been a serious calamity, for nearly one hundred votes separated Tilden from the necessary two-thirds. When Missouri declared for the New Yorker, however, the opportunity to turn the tide against him was lost forever. The second ballot undoubtedly represented his real strength.[1512] For second place Thomas A. Hendricks had no opposition.

[Footnote 1511: Francis Kernan presented Tilden's name very effectively.]

[Footnote 1512: First ballot. Necessary two-thirds, 492. Samuel J. Tilden of New York, 404-1/2; Thomas A. Hendricks of Indiana, 133-1/2; Winfield Scott Hancock of Pennsylvania, 75; William Allen of Ohio, 56; Thomas F. Bayard of Delaware, 27; Joel Parker of New Jersey, 18.

Second ballot: Tilden, 535; Hendricks, 60; Hancock, 59; Allen, 54; Bayard, 11; Parker, 18; Thurman of Ohio, 2.]

The platform, prepared under the eye of Tilden by Manton Marble, the accomplished editor of the World, advocated reform as its keynote and made historic its vituperative arraignment of the party in power. On the vital question of the currency it demanded the repeal of the resumption clause of the Act of 1875, denouncing it as an hindrance to the resumption of specie payment. The Republicans, wishing to avoid too sharp a conflict with the soft money sentiment of the West, had pledged the fulfilment of the Public Credit Act,[1513] approved March 18, 1869, "by a continuous and steady progress to specie payments." Both declarations savoured of indefiniteness, but Hayes, in his letter of acceptance (July 8), added greatly to his reputation for firmness and decision of character in supplying the needed directness by demanding the resumption of specie payment. On the other hand, Tilden's letter (July 31) weakened the country's respect for him.[1514] He had no sympathy for soft money, but in supporting the demand for a repeal of the resumption clause he urged, in a long, indefinite communication, the importance of preparation for resumption, ignoring the fact that the Act of 1875 anticipated such precaution. Although less prolix in his treatment of civil service reform, he was no less indefinite. After describing recognised evils he failed to indicate any practical remedy beyond the "conviction that no reform will be complete and permanent until the Chief Executive is constitutionally disqualified for re-election."[1515] Speaking of the character of the men holding office his use of the word "usufruct" led to the derisive appellation of "Old Usufruct Tilden."[1516] On civil service reform Hayes was more specific. He declared against the use of official patronage in elections and pledged himself not to be a candidate for a second term.[1517]

[Footnote 1513: This act terminates as follows: "And the United States also solemnly pledges its faith to make provision at the earliest practicable period for the redemption of the United States notes in coin."]

[Footnote 1514: "Tilden's letter was a disappointment to those who had studied his words and acts as Governor."—Rhodes, History of the United States, Vol. 7, p. 216.]

[Footnote 1515: Appleton's Cyclopaedia, 1876, p. 790.]

[Footnote 1516: "The public interest in an honest, skilful performance of official trust must not be sacrificed to the usufruct of the incumbents."—Appleton's Cyclopaedia, 1876, p. 790.]

[Footnote 1517: Ibid., p. 783.]

If Conkling had been balked in his desire to nominate Cornell, Tilden was not less baffled a week later in his effort to promote William Dorsheimer, his special friend. His genius for organisation had smoothed the way for harmony at Saratoga.[1518] Kelly and Morrissey settled their differences in advance, the platform created no discussion, and the appointment of electors-at-large provoked little criticism; but when Tilden's lieutenants proposed Dorsheimer for governor the convention revolted. It noisily demanded a Democrat, and in the stampede that followed Clarkson N. Potter, backed by Tammany and the Canal ring, rapidly accumulated strength despite Tilden's personal opposition. To all of Tilden's friends vital objections seemed to be raised. Dorsheimer could not command a solid Democratic vote; Robinson favoured high canal tolls and cultivated Republican affiliations; Manton Marble remained unpopular because the World changed front in 1868; and Starbuck of Jefferson did not attract Independents. For once Tilden had plainly been deceived as to his strength. Furthermore, the convention, divided in its attention between speeches for Potter and demands for Seymour, was beyond his control. Nevertheless, as the delegates in their stentorian insistence upon a "Democrat" became more and more furious for Seymour, the Tilden managers, to head off the alarming sentiment for Potter, adroitly increased the volume of the demand for the Oneidan. It was known that Seymour had refused the use of his name. Telegrams to Kernan and letters to the president of the convention alleged indisposition and "obstacles which I cannot overcome."[1519] But the convention, conscious that the former governor had before changed his mind under similar circumstances, closed its ears to his entreaties, and amidst the most vociferous cheering nominated him by acclamation. The next morning, with equal unanimity, it renominated Dorsheimer for lieutenant-governor.

[Footnote 1518: The Democratic State convention convened on August 30.]

[Footnote 1519: Utica Herald, August 31, 1876.]

A few days later Seymour, pleading mental inability to perform the duties of the office, put himself out of the race.[1520] This gave Tilden opportunity to re-form his lines, and upon the convention's reassembling (September 13) Robinson easily won.[1521]

[Footnote 1520: For Seymour's letter, see New York papers of September 5.]

[Footnote 1521: The ballot stood: Potter, 106-1/2; Robinson, 192-1/2; scattering, 59. Necessary to a choice, 191. Before its announcement changes gave Robinson 243-1/2.

The ticket was as follows: Governor, Lucius Robinson, Chemung; Lieutenant-Governor, William Dorsheimer, Erie; Court of Appeals, Robert Earl, Herkimer; Canal Commissioner, Darius A. Ogden, Yates; Prison Inspector, Robert H. Anderson, Kings.]

Democratic factions likewise buried their differences in New York City, Kelly and Morrissey uniting upon Smith Ely for mayor. The Republicans nominated John A. Dix. Thus was the municipal struggle in the metropolis, for the first time in many years, confined within strict party lines.[1522]

[Footnote 1522: On March 15, several disaffected Democrats met at Syracuse and organised a Greenback party, which opposed the resumption of specie payment and favoured legal tender notes as the standard of value. A second convention, held in New York City on June 1, selected four delegates-at-large to the Democratic national convention, and a third, meeting at Albany on September 26, nominated Richard M. Griffin for governor. Other State nominations were made by the Prohibitionists, Albert J. Groo being selected for governor.]

The campaign, although a prolonged and intensely exciting one, developed no striking incidents. Democratic orators repeated Marble's rhetorical arraignment of the Republican party, and the Democratic press iterated and reiterated its symmetrical, burning sentences. Marble's platform, besides being the most vitriolic, had the distinction of being the longest in the history of national conventions. Copies of it printed in half a dozen languages seemed to spring up as plentifully as weeds in a wheatfield. Every cross-roads in the State became a centre for its distribution. It pilloried Grant's administration, giving in chronological order a list of his unwise acts, the names and sins of his unfaithful appointees, and a series of reasons why Tilden, the Reformer, could alone restore the Republic to its pristine purity. It was a dangerous document because history substantially affirmed its statement of facts, while the rhythm of its periods and the attractiveness of its typography invited the reader.[1523]

[Footnote 1523: Appleton's Cyclopaedia, 1876, pp. 785, 786.]

Conkling, because of ill-health, limited his activity in the canvass to one address.[1524] It was calmer than usual, but it shone with sparkles of sarcasm and bristled with covert allusions readily understood. It was noticeable, too, that he made no reference to Hayes or to Wheeler. Nevertheless, party associates from whom he had radically differed pronounced it a model of partisan oratory and the most conclusive review of the political situation. He admitted the corruption indicated by Marble, attributing it chiefly to the war which incited speculative passion in all the activities of life, its ill consequences not being confined exclusively to public affairs. In contrasting the management of the two parties, he disclosed under Buchanan a loss on each thousand dollars collected and disbursed of six dollars and ninety-eight cents against forty cents during Grant's first term and twenty-six cents during the three years of his second, while current expenses under Buchanan amounted to one dollar and ninety cents per capita to one dollar and seventy cents under Grant. In ten years, he added, $800,000,000 of the debt had been paid, nearly $50,000,000 of interest saved yearly, and the taxes reduced $262,000,000 per annum.

[Footnote 1524: Delivered at Utica, October 3. See New York papers, October 4.]

Of civil service reform Conkling said nothing. He made a clear, sharp issue on the resumption of specie payment, however, showing that the demand for a repeal of the Act's most important feature was a bid for the votes of soft-money advocates. The Southern question assumed even greater importance. Tilden depended for success upon the Southern States plus New York, New Jersey, and Connecticut. This was Dorsheimer's argument, put with characteristic grace and force at St. Louis. The North had cause to fear, it was argued, if a solid South, strengthened by States controlled by the great majorities in and about New York City, could elect a President. The charge that Tilden intended indemnifying the South and assuming the Confederate debt increased the anxiety. Conkling's reference to the repayment of direct taxes, the refund of the cotton tax, and the liquidation of Southern claims mounted so high into the hundreds of millions that Tilden deemed it prudent to issue a letter pledging an enforcement of the Constitutional Amendments and resistance to such monetary demands.

Personal criticism of Tilden exploited his war record, his reputation as a railroad wrecker, and his evasion of the income tax.[1525] The accusation of "railroad wrecking" was scarcely sustained, but his income tax was destined to bring him trouble. Nast kept his pencil busy. One cartoon, displaying Tilden emptying a large barrel of greenbacks into the ballot box, summed up the issues as follows: "The shot-gun policy South, the barrel policy North;" "The solid South and the solid Tammany;" "Tilden's war record—defeating the tax collector." George William Curtis asserted that the Democrats of South Carolina meant to carry the State for Tilden by means of "the shot gun," declaring that "Jefferson Davis and the secessionists merely endeavoured to enforce with bayonets the doctrines of Mr. Tilden."[1526]

[Footnote 1525: It was claimed that in 1862 Tilden had a net income of $89,000. He made oath to $7,118, and afterward acknowledged receiving $20,000 in the Terre Haute Railroad case. He alleged that this covered the work of several years. Moreover, that his income-producing property was largely in railroad stocks, bonds, and other securities on which the tax was deducted by the companies before the interest and dividends were paid.—Bigelow, Life of Tilden, Vol. 2, p. 232; see also, Nation, September 22, 1876.]

[Footnote 1526: Harper's Weekly, 1876, pp. 828, 885, 906, 907.]

Tilden displayed a stoical indifference to these personal attacks. He made no speeches, he rarely exhibited himself to the public, and he kept his own counsels. His adroit, mysterious movements recalled the methods but not the conceit of Aaron Burr. Although Abram S. Hewitt, chairman of the Democratic National Committee, managed the campaign with skill, Tilden relied largely upon his own shrewdness, displacing old leaders for new ones, and making it clear to the country that he ranked with Martin Van Buren as a great political manager. As he swept onward like a conquering Marlborough, inspiring his party with confidence and his opponents with fear, events favoured his designs. The Belknap exposures, the Whiskey ring suits, the Babcock trial, alarming and disgusting the country, inclined public opinion toward a change which was expressed in the word "reform." A combination of propitious circumstances within the State, in nowise indebted to his sagacity or assistance, also increased his strength. The collapse of the Tweed and Canal rings justly gave him great prestige, but no reason existed why the extinguishment of the State war debt and the limitations of canal expenditures to canal revenues should add to his laurels, for the canal amendment to the Constitution was passed and the payment of the war debt practically accomplished before he took office. Nevertheless, the resulting decrease of the State budget by nearly one-half, being coincident with his term of office, added prodigiously to his fame.[1527] Indeed, he seemed to be the darling of Fortune, and on November 7, exactly according to his calculation, he carried New York,[1528] New Jersey, Connecticut, and Indiana. But Republicans claimed South Carolina, Florida, and Louisiana.

[Footnote 1527: "The amount of the State tax for 1876 was $8,529,174.32, against $14,206,680.61 in 1875, and $15,727,482.08 in 1874." Appleton's Cyclopaedia, 1876, p. 598.]

[Footnote 1528: Tilden, plurality, 32,742; Robinson, 30,460. Groo, total vote, 3,412 (Prohibitionist); Griffin, 1,436 (Greenback). Congress, 17 Republicans, 16 Democrats. Assembly, 71 Republicans, 57 Democrats. Ely's majority for mayor of New York City, 53,517. Tilden's majority in New York City, 53,682.

Republican losses occurred chiefly in the Hudson River and western counties. Elbridge G. Spaulding of Buffalo, and Levi P. Morton of New York, were defeated for Congress.]

In the historic dispute which led to a division of the solid South, partisan papers revelled in threats, and rumours indicated danger of mob violence. To prevent fraud prominent citizens in the North, appointed to represent each political party, watched the canvassing boards in the three disputed States, and although it subsequently developed that distinguished New Yorkers resorted to bribery,[1529] the legal canvassing boards finally certified the electoral votes to Hayes and Wheeler. On December 6 the official count in all the States gave Hayes 185 votes and Tilden 184. The Democrats, deeply disturbed by the action of the Returning Boards, now displayed a temper that resembled the spirit preceding the civil war. Threats were openly made that Hayes should never be inaugurated. The Louisville Courier Journal announced that "if they (our people) will rise in their might, and will send 100,000 petitioners to Washington to present their memorial in person, there will be no usurpation and no civil war."[1530] A prominent ex-Confederate in Congress talked of 145,000 well disciplined Southern troops who were ready to fight.[1531] Because the President prudently strengthened the military forces about Washington he was charged with the design of installing Hayes with the aid of the army.

[Footnote 1529: Manton Marble visited Florida. On November 22, under the sobriquet "Moses," he telegraphed in cipher to William T. Pelton, Tilden's nephew, then domiciled in Tilden's home at 15 Gramercy Park: "Have just received proposition to hand over a Tilden decision of Board and certificate of Governor for $200,000." Pelton thought it too much, and Marble again telegraphed that one Elector could be secured for $50,000. Pelton replied that he "could not draw until the vote of the Elector was received." On December 5, Marble wired: "Proposition failed.... Tell Tilden to saddle Blackstone."

Smith M. Weed visited South Carolina. On November 16, without the use of cipher or sobriquet, he telegraphed Henry Havermeyer: "Board demand $75,000 for two or three electors." Later in the day he added: "Looks now as though $75,000 would secure all seven votes." The next day he wired: "Press everywhere. No certainty here. Simply a hope." On November 18, he announced: "Majority of Board secured. Cost $80,000. Send one parcel of $65,000; one of $10,000; one of $5,000. All to be in $1000 or $500 bills. Have cash ready to reach Baltimore Sunday night." Pelton met Weed at Baltimore without the money and both went to New York to secure it. Meantime, the canvassing board reported in favour of Hayes.

Pelton also corresponded with one J.N.H. Patrick, who telegraphed from Oregon: "Must purchase Republican elector to recognise and act with the Democrat, and secure vote to prevent trouble. Deposit $10,000 to my credit." Pelton replied: "If you will make obligation contingent on result in March it will be done." Patrick said fee could not be made contingent, whereupon $8,000 was deposited on January 1, 1877, to his credit, but too late to complete the transaction.

When these telegrams, translated by the New York Tribune, were investigated by the Potter Congressional committee in January, 1879, Marble testified that he transmitted them simply "as danger signals"; Weed admitted and attempted to justify; Pelton accepted the full responsibility, intending, he said, to get the money of Edward Cooper; Cooper testified that the telegram requesting $80,000 sent to Baltimore was his first knowledge of Pelton's activity; that he immediately informed Tilden, who recalled his nephew and put a stop to negotiations. Tilden swore that "no offer, no negotiation in behalf of any member of any Returning Board was ever entertained by me, or by my authority, or with my sanction.... There never was a moment in which I ever entertained any idea of seeking to obtain those certificates by any venal inducement, any promise of money or office, to the men who had them to grant or dispose of. My purpose on that subject was perfectly distinct, invariable, and it was generally assumed by all my friends without discussion. It may have sometimes been expressed and whenever the slightest occasion arose for it to be discussed, it was expressed. It was never deviated from in word or act."—Testimony in relation to Cipher Telegraphic Dispatches, pp. 200-274; see also, Bigelow's Life of Tilden, Vol. 2, pp. 180-223.]

[Footnote 1530: From an editorial signed by Henry Watterson, January 8, 1877.]

[Footnote 1531: Rhodes, History of the United States, Vol. 7, p. 243.]

On the other hand, Republicans believed Tilden endeavoured to buy the presidency. Although nothing was then known of Marble's and Weed's efforts to tamper with the canvassing boards of South Carolina and Florida, the disposition to "steal" a vote in Oregon, which clearly belonged to Hayes, deprived Tilden's cause of its moral weight. Indeed, so strongly did sentiment run against him that the Nation "lost nearly three thousand subscribers for refusing to believe that Mr. Hayes could honourably accept the presidency."[1532]

[Footnote 1532: The Nation, June 25, 1885.]

When Congress opened the Democrats, being in control of the House, desired to continue the joint rule of February, 1865, directing that "no electoral vote objected to shall be counted except by the concurrent votes of the two Houses." This would elect Tilden. On the other hand, the Republicans, holding that the joint rule expired with the Congress adopting it, insisted that, inasmuch as the canvass by Congress at all previous elections had been confined exclusively to opening the certificates of each State, sent to Washington under the official seal of the respective governors, the Vice-President should open and count the electoral votes and declare the result, the members of the two Houses acting simply as witnesses. This would elect Hayes. To many and especially to President Grant this controversy seemed full of danger, to avert which if possible Congress adopted a resolution providing for a committee of fourteen, equally divided between the Senate and House, "to report without delay such a measure as may in their judgment be best calculated to accomplish the desired end."[1533] On January 18 (1877) this committee reported a bill providing that where two or more returns had been received from a State such returns should be referred to an Electoral Commission composed of five senators, five members of the House, and five justices of the Supreme Court, who should decide any question submitted to it touching the return from any State, and that such decision should stand unless rejected by the concurrent votes of the two Houses. By tacit agreement the Senate was to name three Republicans and two Democrats, and the House three Democrats and two Republicans, while the Bill itself appointed Justices Clifford, Miller, Field, and Strong, a majority of whom were authorised to select a fifth justice.[1534]

[Footnote 1533: Upon this committee Conkling was substituted in place of Logan, detained at home. Abram S. Hewitt was one of the House appointees.]

[Footnote 1534: Clifford and Field were accounted Democrats, and Miller and Strong, Republicans.]

When doubt as to the three Southern States precipitated itself into the result of the election, Tilden exhibited characteristic diligence and secrecy. He avoided public statements, but he scrutinised the returns with the acumen exhibited in securing the Tweed evidence, and left no flaw unchallenged in the title of his opponent. After the action of the canvassing boards he contended that the joint rule of 1865 must govern, and in the study of the subject he devoted more than a month to the preparation of a complete history of electoral counts, showing it to have been the unbroken usage for Congress and not the President of the Senate to count the vote.[1535] Moreover, early in the session of Congress he prepared two resolutions which raised the issue, and urged his friends in the leadership of the House to take no further step until the great constitutional battle had been fought along that line, assuring them of his readiness to accept all the responsibility of the outcome. To appraise the country of the strength of this position he also prepared an extended brief which Governor Robinson incorporated as a part of his inaugural message on January 1, 1877.[1536]