REESE LIBRARY 
 
 OF THK 
 
 UNIVERSITY OF CALIFORNIA. 
 //(((fStc^A/ 
 
 Accessions No. $^1&~. Shelf No. 
 
THE 
 
 WETTINGS AND SPEECHES 
 
 OF 
 
 SAMUEL J. TILDEN 
 
 EDITED BY 
 
 JOHN BIGELOW 
 
 IN TWO VOLUMES 
 
 VOL. II. 
 
 NEW YORK 
 HARPER AND BROTHERS 
 
 1885 
 
Copyright, 1885, by JOHN BIGELOW. 
 All rights reserved. 
 
CONTENTS OF VOL. II. 
 
 PAGE 
 
 XXXI. ADMINISTRATIVE REFORM. ADDRESS OF MR. TILDEN 
 AT SYRACUSE UPON HIS NOMINATION FOR GOVERNOR 
 
 IN 1874 9-14 
 
 XXXII. THE POLITICAL DUTIES OF YOUNG MEN. ADDRESS TO 
 THE YOUNG MEN S DEMOCRATIC CLUB OF NEW YORK 
 SOON AFTER HIS ELECTION AS GOVERNOR IN 1874. . 15-19 
 
 XXXIII. INAUGURATION SPEECH AS GOVERNOR 20-22 
 
 XXXIV. FIRST ANNUAL MESSAGE AS GOVERNOR, JANUARY, 1875 23-74 
 XXXV. THE VIOLATED SOVEREIGNTY OF LOUISIANA. A SPECIAL 
 
 MESSAGE TO THE NEW YORK LEGISLATURE, JANUARY 
 
 12, 1875 75-84 
 
 XXXVI. THE POWERS OF THE EXECUTIVE TO REMOVE FROM 
 
 OFFICE FOR CAUSE 85-94 
 
 XXXVII. ABUSES AND MISMANAGEMENT OF THE CANALS. SPECIAL 
 
 MESSAGE TO THE LEGISLATURE IN MARCH, 1875 . . 95-116 
 XXXVIII. MUNICIPAL REFORM. SPECIAL MESSAGE TO THE LEG 
 ISLATURE, MAY, 1875 117-137 
 
 XXXIX. VETO MESSAGES IN 1875 138-212 
 
 XL. VACATION SPEECHES. BUFFALO 213-218 
 
 XLI. VACATION SPEECHES. SYRACUSE 219-222 
 
 XLII. VACATION SPEECHES. UTICA 223-227 
 
 XLIII. VACATION SPEECHES. CENTRAL NEW YORK FAIR . 228-233 
 XLIV. VACATION SPEECHES. HEBREW CHARITIES . . . 234-236 
 XLV. SECOND ANNUAL MESSAGE TO THE LEGISLATURE, JANU 
 ARY 4, 1876 237-295 
 
4 CONTENTS. 
 
 PAGE 
 
 XL VI. RESULTS OF THE CANAL INVESTIGATION. REPLY TO A 
 
 RESOLUTION OP THE SENATE 296-300 
 
 XL VII. ADDITIONAL RESULTS OP THE CANAL INVESTIGATION. 
 A SPECIAL COMMUNICATION TO THE LEGISLATURE, 
 
 MARCH, 1876 301-305 
 
 XL VIII. THE COMMISSION OP EMIGRATION. SPECIAL COMMUNI 
 CATION TO THE LEGISLATURE, APRIL, 1878 . . . 306-309 
 XLIX. VETO MESSAGES TO THE LEGISLATURE IN 1876 . . . 310-345 
 L. SPEECH AT AN ANNUAL DINNER OF THE NEW YORK 
 
 CHAMBER OF COMMERCE, MAY 4, 1876 .... 346-350 
 LI. VACATION SPEECH. AT THE FAIR OF THE YOUNG 
 
 WOMEN S CHRISTIAN ASSOCIATION, MAY, 1876 . . 351-353 
 LII. REPLY TO GENERAL MCCLERNAND S ANNOUNCEMENT OF 
 MR. TILDEN S NOMINATION FOR THE PRESIDENCY BY 
 THE DEMOCRATIC NATIONAL CONVENTION, AT ST. Louis, 
 
 IN JUNE, 1876 354-358 
 
 LIII. LETTER ACCEPTING THE NOMINATION OF THE DEMOCRATIC 
 
 NATIONAL CONVENTION FOR THE PRESIDENCY IN 1876 359-373 
 LIV. ADDRESS OF WELCOME TO THE SARATOGA CONFERENCE, 
 
 SEPTEMBER 5, 1876 374-379 
 
 LV. WAR CLAIMS AND THE REBEL DEBT. A LETTER TO 
 
 THE HON. ABRAM S. HEWITT, OCTOBER 24, 1876 . 380-383 
 LVI. WHO COUNTS THE ELECTORAL VOTE? . . . . . . 384-452 
 
 LVII. BRIEF ON THE FLORIDA ELECTORAL VOTE .... 453-481 
 
 LVIII. SPEECH AT THE INAUGURATION OF GOVERNOR ROBINSON 482-484 
 
 LIX. THE INDIAN CORN SPEECH 485-492 
 
 LX. SPEECH AT THE DINNER GIVEN TO J. S. MORGAN . . 493-498 
 LXI. REPUBLIC OR EMPIRE. A LETTER ADDRESSED TO THE 
 DEMOCRATIC ASSOCIATION OF MASSACHUSETTS, ON THE 
 ANNIVERSARY OF WASHINGTON S BIRTHDAY, 1880 . 499-500 
 LXII. LETTER DECLINING A RE-NOMINATION TO THE PRESIDENCY, 
 ADDRESSED TO DANIEL MANNING, CHAIRMAN OF THE 
 NEW YORK DELEGATION TO THE DEMOCRATIC NA 
 TIONAL CONVENTION OF 1880 501-506 
 
 LXIII. THE ANDRE CENTENNIAL 507-509 
 
 LXIV. INTERNATIONAL COTTON EXPOSITION 510-513 
 
 LXV. JACKSON AND DEMOCRACY . . ... . 514-515 
 
CONTENTS. 5 
 
 PAGE 
 
 LXVI. JEFFERSON AND DEMOCRACY 516-518 
 
 LXVII. FALSE CONSTRUCTIONS AND CORRUPT PRACTICES. LET 
 TER TO THE IROQUOIS CLUB 519-521 
 
 LXVIII. SECOND LETTER DECLINING A RE-NOMINATION TO THE 
 PRESIDENCY, ADDRESSED TO DANIEL MANNING, CHAIR 
 MAN OF THE NEW YORK DELEGATION TO THE DEMO 
 CRATIC NATIONAL CONVENTION OF 1884 .... 522-527 
 LXIX. LETTER ACKNOWLEDGING THE TRIBUTE PAID TO MR. 
 
 TlLDEN BY THE DEMOCRATIC NATIONAL CONVENTION 
 
 OF 1884 528-534 
 
 SUPPLEMENT. THE EIRST GUN FOR FREE SOIL 535-574 
 
 INDEX. 577-000 
 
WRITINGS AND SPEECHES 
 
 OF 
 
 SAMUEL J. TILDEN 
 
XXXI. 
 
 THE services which Mr. Tilden had rendered in purifying 
 the judiciary and in sending to prison or into exile the gang of 
 rogues who, under the lead of William M. Tweed, had been 
 plundering the treasury of New York city and debauching the 
 members of our municipal and State legislatures, and to a 
 greater or less degree the public Press, naturally concentrated 
 upon him the eyes of the New York Democracy as the most 
 suitable candidate for governor that the party could provide in 
 1874. 
 
 The Democratic State Convention assembled at Syracuse on 
 Thursday, the 17th of September of that year, Horatio Seymour 
 presiding. Mr. Tilden was nominated on the first ballot. In 
 the evening the citizens of Syracuse, despite a furious rain 
 storm, assembled in front of the Vanderbilt House to serenade 
 him. In an interval of the music Mr. Tilden was conducted 
 to the balcony and introduced to the assembled multitude by 
 the late Attorney-General Pratt, of Syracuse. The brief speech 
 which Mr. Tilden made, after silence and order had been re 
 stored, gave the keynote of the campaign, retrenchment in 
 public expenditures, reform in the public administration, 
 stricter accountability of public officers, and uncompromising 
 resistance to " the bad ambition of a third term," which was 
 then imputed, with only too much justice, to President Grant 
 and his intimate friends. 
 
ADMINISTRATIVE REFORM. A CHANGE OF MEN 
 NECESSARY TO A CHANGE OF MEASURES. 
 
 FELLOW-CITIZENS, I thank you for the honor you do me. 
 I know it is the cause, more than its representative, that in 
 such a storm calls out this manifestation of interest and 
 enthusiasm. And well it may! 
 
 A peaceful revolution in all government within the United 
 States is going on to a sure consummation. Ideas of change 
 pervade the political atmosphere. They spring up from the 
 convictions of the people. The supporters of the Administra 
 tion have lost confidence in it and themselves. The Opposi 
 tion become more intense in their convictions and in their 
 action. Multitudes pass over from support to opposition, or 
 sink into silent discontent. 
 
 Are we asked the causes ? The answer is found in the con 
 dition of our country. The fruits of a false and delusive sys 
 tem of government finances are everywhere around us. All 
 business is in a dry-rot. In every industry it is hard to make 
 the two ends meet. Incomes are shrinking away, and many 
 men hitherto affluent are becoming anxious about their means 
 of livelihood. Working-men are out of employment. The 
 poor cannot look out upon the light or air of heaven but they 
 see the wolf at the door. 
 
 Inflation no longer inflates. Even while paper money is 
 swelling out a new emission, values sink. Bankers balances 
 in the monetary centres are increased, and call-loans are 
 cheaper ; but those who need more capital can neither buy 
 nor borrow any of the forty-four millions of new greenbacks. 
 
cur 
 
 1874.] ADMINISTRATIVE REFORM. 11 
 
 The truth is that our body politic has been over-drugged with 
 stimulants. New stimulants no longer lift up the languid 
 parts to a healthy activity, they merely carry more blood to 
 the congested centres. 
 
 Only one thing remains in its integrity,. that is our taxes. 
 Amid general decay, taxation puts out new sprouts and grows 
 luxuriantly. If I may borrow a figure from the greatest of 
 our American poets, 
 
 " It seats itself upon the sepulchre, 
 And of the triumphs of its ghastly foe 
 Makes its own nourishment/ 
 
 National taxes, State taxes, county taxes, town taxes, muni 
 cipal taxes ! The collector is as inevitable as the grim mes 
 senger of death. Incomes, profits, wages, all these fall ; but 
 taxes rise. 
 
 Six years ago I had occasion to say that while values were 
 ascending, and for some time after, it might be easy to pay 
 these taxes out of the froth of our apparent wealth ; but that 
 when the reaction of an unsound system of government finance 
 should set in, the enormous taxation which that system had 
 created would not only consume our incomes and profits, but 
 trench upon our capital. What was then prediction is now 
 experience. Retrenchment in public expenditure ; reform in 
 public administration; simplification and reduction of tariffs 
 and taxes ; accountability of public officers, enforced by bet 
 ter civil and criminal remedies, the people must have 
 these measures of present relief, measures of security for the 
 future. 
 
 The Federal Government is drifting into greater dangers 
 and greater evils. It is rushing onward in a career of centra 
 lism, absorbing all governmental powers and assuming to man 
 age all the affairs of human society. It undertakes to direct 
 the business of individuals by tariffs not intended for legiti 
 mate taxation, by granting special privileges, and by fostering 
 monopolies at the expense of the people. It has acquired con 
 trol of all banks. It has threatened to seize on all the tele- 
 
12 THE WORKS OF SAMUEL J. TILDE N. [1874. 
 
 graphs. It is claiming jurisdiction of all railroad corporations 
 chartered by the States and amenable to the just authority of 
 the States. It is going on to usurp control of all our schools 
 and colleges. Stretching its drag-net over the whole country, 
 and forcing editors and publishers away from their distant 
 homes into the courts of the District of Columbia, it is sub 
 jecting the free Press of the whole United States, for criticism 
 of the Administration, to trial by creatures of the Administra 
 tion, acting under the eye of the Administration. It has dared 
 to enforce this tyranny against a freeman of the metropolis of 
 our State. 1 
 
 These tendencies must be stopped, or before we know it the 
 whole character of our government will be changed ; the 
 simple and free institutions of our fathers will not only have 
 become the worst government that has ever ruled over a 
 civilized people, but it will also be the most ignorant. A 
 distinguished Republican statesman I mean Senator Conk- 
 ling lately told me that more than five thousand bills were 
 before Congress at its last session. In a little time, as we are 
 now going on, there will be twenty thousand. Nobody can 
 know what is in them. 
 
 We have a country eighteen times as large as France, with 
 a population of forty-three millions, doubling every thirty 
 years, and full of activities and interests. A centralized gov 
 ernment, meddling with everything and attempting to manage 
 everything, could not know the wants or wishes of the people 
 of the localities ; it would be felt only in its blunders and 
 its wrongs. It would be the most irresponsible, and there 
 fore not only the most oppressive, but also the most corrupt, 
 with which any people have been cursed. 
 
 1 This refers to an attempt, in July, 1 873, to take Mr. Charles A. Dana, the 
 editor of the " Sun," from New York to Washington on a charge of libel to be 
 tried in the police court of that city without a jury. The United States district 
 attorney applied to the United States district judge for a warrant of removal ; 
 but after a masterly argument in opposition by the late William O. Bartlett, Judge 
 Blatchford, in a memorable decision, refused the application (see 7 Benedict s 
 Reports, p. 1), holding the proposed mode of trial to be unconstitutional. 
 
iS 7 4-] ADMINISTRATIVE REFORM. 13 
 
 To-day the advances which we have made toward this 
 system are maturing their fatal fruits. The Federal Adminis 
 tration is tainted with abuses, with jobbery, and with corruption. 
 In the dominion which it maintains over the reconstructed 
 Southern States, organized pillage, on a scale tenfold greater 
 than that of the Tweed Ring, is the scandal and shame of 
 the country. 
 
 Civil liberty is endangered. It is now certain that President 
 Grant nourishes the bad ambition of a third term. If the 
 sacred tradition established by Washington, Jefferson, Madison, 
 and Jackson can be broken, the President may be re-elected 
 indefinitely ; and wielding from the centre the immense 
 patronage which will grow out of such vast usurpation of 
 authorities by the Federal Government, he will grasp the 
 means of corrupt influence by which to carry the elections. 
 There will be no organized thing in the country of sufficient 
 power to compete with him or to resist him. The forms of 
 free government may remain, but the spirit and substance will 
 be changed ; an elective personal despotism will have been 
 established ; Roman history, in the person of Augustus Caesar, 
 will be repeated. 
 
 Thoughtful men are turning their minds to the means of 
 escape from these overshadowing evils. The Republican party 
 cannot save the country. Ideas of governmental meddling 
 and centralism dominate it ; class interests hold it firmly 
 to evil courses. Throngs of office-holders, contractors, and 
 jobbers, who have grown up in fourteen years of administra 
 tion, in four years of war and during an era of paper money, 
 are too strong in the machinery of the party for the honest 
 and well-intending masses of the Republicans. The Republi 
 can party could contribute largely to maintain the Union dur 
 ing the civil war ; it cannot reconstruct civil liberty and free 
 institutions after the peace. 
 
 A change of men is necessary to secure a change of measures. 
 The Opposition is being matured and educated to take the 
 administration. The Democracy, with the traditions of its 
 
14 THE WORKS OF SAMUEL J. TILDEN. [1874. 
 
 best days, will form the nucleus of the opposition. It embraces 
 vastly the larger body of men of sound ideas and sound prac 
 tices in political life. It must remove every taint which has 
 touched it in evil times. It must become a compact and homo 
 geneous mass. It must gather to its alliance all who think 
 the same things concerning the interests of our Republic. It 
 is becoming an adequate and effective instrument to reform 
 administration and to save the country. It reformed itself in 
 order that it might reform the country. 
 
 And now in your name and in the name of five hundred 
 thousand voters we represent, we declare that in this great 
 work we will tread no step backward. Come weal or come 
 woe, we will not lower our flag. We will go forward until 
 a political revolution shall be worked out, and the principles 
 of Jefferson and Jackson shall rule in the administration of the 
 Federal Government. 
 
 Let us never despair of our country. Actual evils can be 
 mitigated ; bad tendencies can be turned aside ; the burdens 
 of government can be diminished ; productive industry will 
 be renewed ; and frugality will repair the waste of our resources. 
 Then shall the golden days of the Republic once more return, 
 and the people become prosperous and happy. 
 
XXXII. 
 
 SHORTLY after the fall election of 1874 the Young Men s 
 Democratic Club a political organization then only about three 
 years old tendered to the Governor-elect a public reception at 
 Delmonico s. In response to a toast proposed by Mr. Town- 
 send Cox, the president of the Club, Mr. Tilden spoke at some 
 length of the political duties of young men. 
 
THE POLITICAL DUTIES OF YOUNG MEN. ADDEESS 
 TO THE YOUNG MEN S DEMOCEATIC CLUB. 
 
 GENTLEMEN OF THE CLUB, I should have scarcely felt myself 
 at liberty to-night to attend any ordinary festivity ; but a meet 
 ing of the young men of promise that I see about me, who have 
 associated for the purpose of securing co-operation in the con 
 duct and fulfilment of the duties of citizenship, too much 
 neglected in this community and everywhere, was an occasion 
 I felt was entitled to whatever of commendation and encourage 
 ment my presence could confer. 
 
 I had occasion three years ago, after a period of political 
 revolution, and on several occasions since, to express my sense 
 of the consequences in a republican community of the disre 
 gard of the duties of citizenship, and to say that it is indispen 
 sably necessary in the present condition of our country that 
 the young men young men whose situation would enable 
 them to make some sacrifice should come forward and do 
 their duty to the communities in which they live. 
 
 Doubtless several circumstances have contributed to a pretty 
 general neglect of these duties. Official station does not bring 
 with it as much distinction as it did in the early days of the 
 Republic ; men have not the same incentive, therefore, to take 
 part in public affairs. And then in modern times have sprung 
 up innumerable industrial enterprises, and other organizations 
 conceived with special reference to the wants of society, which 
 have attracted very largely the young men of promise and with 
 drawn them from politics and public affairs. Then again, in the 
 last twenty years for it is little more than that period since 
 the ill-omened repeal of the Missouri Compromise broke up the 
 
I874-] THE POLITICAL DUTIES OF YOUNG MEN. 17 
 
 traditions of ancient settlements and kindled the flame of sec 
 tional controversy and sectional hatred it has mattered little 
 what a man s opinions were, what his conduct had been, in re 
 gard to any of the ordinary concerns of government or human 
 society. It was enough that he took a particular view on 
 certain questions which excited the public mind, questions 
 of a social character, questions of a sentimental character. 
 Government and administration of the concerns that affect hu 
 man society seemed to receive little attention from the people. 
 The consequence was that we almost ceased to educate young 
 men for their part in carrying on the functions of government. 
 
 I had occasion in 1867 to look around for somebody to nomi 
 nate, at least to exercise what little influence I had in the 
 nomination ; and in conversation with a gentleman riot now 
 living, who agreed with me that we ought to introduce into the 
 public affairs of this State some young men, after he had 
 named all he could think of, I told him they were all about 
 fifty years old, "You are fifty, and I am fifty, and every one 
 is fifty." And that was the finale of our attempt to discover 
 young men fit to be charged with public trusts. 
 
 Now I don t doubt that there were young men of competency 
 and character ; but the difficulty was there had been no oppor 
 tunity to train any, and if they existed, they were difficult to 
 find. We have had lately no schools of statesmanship in this 
 State or in the nation. There have been no statesmen of the 
 younger class to carry on the government of this country. And 
 it is because there is in this society the germ of a better future 
 for our country that I came here to-night to do what I can to 
 encourage you. I hope you will go forward in the work you 
 have begun. We who are older than most of those I see around 
 me would look in vain for those to whom we can hand over 
 these great trusts if they are not formed within the next few 
 years. I think there is no institution, no society of men in this 
 country, that is capable of being more serviceable in this respect 
 than the Club which I have the pleasure to meet to-night. Go 
 on, young men ; perfect yourselves in political education ; go 
 
 VOL. II. 2 
 
18 THE WORKS OF SAMUEL J. TILDEN. [1874. 
 
 back to the original fountains of Democratic-Republican opin 
 ions in regard to government ; go back to the primitive sources 
 of thought in our own country. You will find there all that 
 you will need to apply to-day. Seek the application of the 
 great principles of popular government to the problems that are 
 before us. Seek above all to elevate the standard of official 
 morality in the public trusts of the country. I can remember 
 perfectly well when you might stand in the legislative halls of 
 this State, it is not more than eight and twenty years ago, 
 and no man would suspect any member of being under any influ 
 ence, consideration, or motive that was not perfectly legitimate. 
 I have not time to-night to point out or trace the causes that 
 have produced such a lamentable decline of official morality. 
 We are to look to the future ; we are to seek a remedy for the 
 state of things through which we have been passing : and in 
 nothing can it be sought so effectively as in a distinct effort 
 to elevate the tone of morality on political questions, and to 
 raise our standards of official life. We have reached a period in 
 national history in which we can no longer foment sectional strife 
 and conflict and go on prosperously with the ordinary affairs 
 of government. We have reached a period in which burden 
 some taxation forces intelligent consideration of the methods 
 of raising public revenue, and, above all, the methods of redu 
 cing the very undue share which is taken from the earnings of 
 private industry to carry on the government in this country, 
 whether municipal, State, or Federal. 
 
 We have to meet these political and social problems; we 
 have to meet them with intelligence and courage, and above 
 all, with trust in the masses of our people. I have been one 
 of those who, amid periods pregnant with despondency, still 
 retained that trust in the body of the American people with 
 which I began life. I did not incline to censure those who 
 sometimes felt despondent; but I myself never lost courage, 
 never lost my belief that the element of human society which 
 seeks for what is good is more powerful, if we will trust it, 
 than all those selfish combinations that would obtain unjust 
 
I874-] THE POLITICAL DUTIES OF YOUNG MEN. 19 
 
 advantage over the masses of the people. And I believe I see 
 here to-night in the intelligent young men who compose this 
 Club, who have long futures before them, I believe I see among 
 them those who will be able, if they retain their trust in the 
 people, if they retain their devotion to principles of right, to 
 form for this city, for this State, and for this country a great 
 and noble future. 
 
 Gentlemen, go onward in the course you have marked out for 
 yourselves, each according to his abilities and according to the 
 means at his command. Go forward, I say, with courage, energy, 
 zeal, and devotion ; and if you seek the objects of ordinary desires 
 in human society, if you seek fortune, if you seek independence, 
 if you seek honor, remember I beg that you will remember 
 that you may acquire them on terms of virtuous self-respect 
 if only you will have courage to insist upon those terms and 
 submit to none other. 
 
 I had occasion a few years ago to say to a class of young 
 men about to take their positions in the profession of law that 
 I believed, and I do believe, it was equally certain that talent, 
 ability, honor, would achieve everything that the human heart 
 ought to desire, if only it were insisted that they should be 
 achieved without any concession of one s conviction of right 
 or one s sense of duty ; that it was perhaps not quite equally 
 easy, perhaps not quite so speedy a success, but far more cer 
 tain ; and when the object was attained, it would not turn to 
 ashes in their grasp. I have never known a man so eager for 
 objects of ambition or of fortune that he sought to obtain 
 them by indirection, who did not find, when they were attained, 
 that they failed to satisfy. Even a man who has stolen largely of 
 public money begins to desire public esteem and to turn round 
 and contrive how to get it ; and if he cannot get the reality, he 
 seeks to get the semblance of it. The human heart is incapable 
 of being satisfied with anything but real victories in the race of 
 life ; and therefore, young men, and this is the last observa 
 tion I have to make to you, ever feel that the right will be 
 successful, and the right only. 
 
XXXIII. 
 
 AT the New York State election in November, 1874, Mr. Til- 
 den received 416,391 votes for governor, and John A. Dix, the 
 Republican candidate, 366,074. Mr. Tilden s plurality was 
 50,317. Two years before, Mr. Dix had been elected gover 
 nor by a majority of 55,451. The new Governor was inaugu 
 rated on the 1st day of January, 1875. At the hour of eleven 
 in the morning of that day the Governor-elect, arm in arm 
 with the retiring Governor, and followed by the members of 
 their respective staffs, entered the Assembly Chamber; and, 
 placing themselves in front of the Speaker s desk, Governor 
 Dix addressed the Governor-elect as follows : 
 
 MR. TILDEN, The people of the State have called you to pre 
 side over the administration of their government by a majority 
 which manifests the highest confidence in your integrity, ability, 
 and firmness. I need not say to you, who have had so long and 
 familiar an acquaintance with public affairs, that in a State of 
 such magnitude as ours, with interests so vast and diversified, 
 there is a constant demand upon its chief magistrate for the exer 
 cise of those essential attributes of statesmanship. It is gratify 
 ing to know that the amendments to the Constitution, approved 
 and ratified by the people at the late general election, by limit 
 ing the powers of the Legislature in regard to local and special 
 laws, will in some degree lighten the burden of your arduous and 
 responsible duties. While a material progress has been made 
 during the last two years in the correction of abuses, much re 
 mains to be done ; and the distinguished part you have borne in 
 the work of municipal reform in the city of New York gives assur 
 ance that under your auspices the great interests of the State will 
 
I875-] INAUGURATION SPEECH. 21 
 
 be yigilantly guarded. I tender you my sincere wishes that your 
 labors in the cause of good government may be as successful here 
 as they have been elsewhere, and that your administration may 
 redound to your high honor and to the lasting prosperity of the 
 people of the State. 
 
 Governor Tilden responded as follows. 
 
INAUGURATION SPEECH OF GOVERNOR TILDEN. 
 
 GOVERNOR Dix, It is he who has completed a period of 
 distinguished public service, and, having gathered all its honors, 
 has nothing left to him but to lay down its burdens, that is to 
 be truly congratulated on this occasion. I cannot stand in this 
 hall to assume the chief executive trust of the people of this 
 State, now to be transferred by you, without my thoughts turn 
 ing upon one, 1 your friend and mine and my father s, who held 
 it when in early manhood I came here, a member of the Legis 
 lature, to sustain his administration. In the interval, how vast 
 and diversified have the interests become which are under the 
 guardianship of the State administration! To build up this 
 great commonwealth in her polity and institutions until they 
 shall become a greater blessing to all the people within her 
 jurisdiction and an example worthy of imitation by other com 
 munities, is a work that should satisfy any human ambition. 
 I had hoped to pass the coming winter in the cradle of ancient 
 literature and arts. In surrendering the duties you have so 
 honorably performed, I understand that you find an opportunity 
 of visiting a portion of our own country not inferior in natural 
 advantages to the renowned climes of the Old World. I felicitate 
 you on the pleasures to which you may look forward, and beg 
 leave to assure you that you and every member of your accom 
 plished family will carry with you my warmest wishes for your 
 happiness. 
 
 i Silas Wright. 
 
XXXIV. 
 
 WHEN Mr. Tilden entered upon the duties of his office as 
 Governor, the Republicans had a majority in the Senate and 
 the Democrats a majority in the Assembly. This embarrassing 
 division of the powers of the government continued through the 
 two years of his administration. His first Message was looked 
 for with unusual interest, for several reasons. 
 
 Elected distinctly upon reform issues, in what way, by what 
 recommendations would he respond to the expectations of those 
 who had given him an unprecedented majority ? In what way 
 would his earnest and radical views on questions of municipal 
 government find expression ? How would he treat the then 
 burning problems of currency and finance, as to which there 
 was no higher authority in the country, and in which no State 
 in our Union had such a vital interest as New York ? Upon all 
 these questions public curiosity was destined to be fully satis 
 fied. His first Message was communicated to the Legislature 
 on the 5th of January, and enjoyed the unexampled distinc 
 tion of being widely republished throughout the Union. The 
 portion devoted to the currency and finance would add to the 
 value of any work on political economy that has yet been pub 
 lished ; while its great truths are likely to penetrate and inform 
 all works of any authority on economical science likely to be 
 published for generations to come. The portion devoted to 
 what he terms " the Erie Canal trust " is only less remarkable 
 for the value of its information, the wisdom of its suggestions, 
 and the compact vigor with which both are presented, because 
 they relate to a subject of less, though not of inconsiderable, 
 national concern. 
 
FIRST ANNUAL MESSAGE. 
 
 EXECUTIVE CHAMBEK, ALBANY, Jan. 5, 1875. 
 To the Legislature. 
 
 AT the advent of a new year, when the public bodies assem 
 ble to consult in respect to the affairs and to transact the 
 business of the State, our first thought should be to offer up 
 devout thanksgiving to the Supreme Disposer of events, for the 
 blessings which we have enjoyed during the year now closed. 
 Our great commonwealth comprises a population of more than 
 four and a half millions, largely exceeding that of the whole 
 United States at the formation of the Federal Government, 
 and embracing vastly more extensive and diversified interests 
 and activities. Our sense of duty ought to be commensurate 
 with the magnitude of the trust conferred upon us by the peo 
 ple. Forming, as our State does, so important a part of the 
 American Union, the benefits of an improved polity, of wise 
 legislation, and of good administration are not confined to our 
 own citizens, but are felt directly and by their example in our 
 sister States and in our national reputation throughout the 
 world. Mindful, with you, of these considerations, I proceed 
 to perform the duty enjoined by the Constitution upon the Gov 
 ernor, to " communicate, by message to the Legislature," " the 
 condition of the State," and to " recommend such matters to 
 them as he shall deem expedient." 
 
 The receipts into and payments from the treasury on ac- 
 Receiptsand count of a11 tne funds, except the Canal and 
 expenditures. Common School Funds, for the fiscal year end 
 ing Sept. 30, 1874, were as follows : 
 
1875-] FIRST ANNUAL MESSAGE. 25 
 
 Receipts $26,465,370.43 
 
 Payments 19,636,308.36 
 
 Balance in the Treasury Sept. 30, 1874 . . $6,829,062.07 
 The available balance amounted to .... 6,494,881.44 
 
 The difference is made up by the defalcation in the State 
 Treasury, in 1873, of $304,957.91, and the sum of $29,222.72 
 is an old balance due from the Bank of Sing Sing. 
 
 On the 20th September, 1873, the total funded 
 debt was 136,530,406.40, classified as follows : 
 
 General fund $3,988,526.40 
 
 Contingent (stock issued to the Long Island Kail- 
 road Company) 68,000.00 
 
 Canal 11,352,880.00 
 
 Bounty 21,121,000.00 
 
 $36,530,406.40 
 
 During the months of August and September, 1873, stocks 
 of the Bounty Loan were purchased to the amount of $306,000, 
 but not cancelled until after Sept. 30, 1873. Deducting this 
 sum, the Bounty Debt amounted to $20,815,000, and the total 
 debt to $36,224,406.40. 
 
 On the 30th of September, 1874, the total funded debt was 
 $30,199,456.40, classified as follows : 
 
 General fund $3,988,526.40 
 
 Contingent 68,000.00 
 
 Canal . . 10,230,430.00 
 
 Bounty 15,912,500.00 
 
 $30,199,456.40 
 
 The actual reduction of the State debt during the fiscal year 
 ending Sept. 30, 1874, by cancellation of matured stocks and 
 by the purchase of $4,902,500 of Bounty Loan 7 s of 1877 
 for the Bounty Debt Sinking Fund, is $6,024,950. 
 
 In addition to the $4,902,500 of Bounty Stock purchased for 
 the Bounty Debt Sinking Fund during the last fiscal year and 
 
26 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1875- 
 
 cancelled, there have been investments for that sinking fund, 
 since the date of the last report to the present time, in State 
 securities and Government registered bonds to the amount of 
 14,381,500, at a cost of $4,972,091.35 ; add $327,283.88 pre 
 mium and $3,210 commissions on Bounty Loan Stock pur 
 chased and cancelled, and $1,421,584 interest on Bounty Debt, 
 making a total of $11,626,667.23 paid on account of this sink 
 ing fund since the date of last report to the present time. The 
 securities now held in trust for this sinking fund amount, 
 at their par value, to $6,802,944.09, which could be disposed 
 of, at the present market rates, at an average premium of over 
 12 per cent. 
 
 The following statement shows the amount of the State debt 
 on the 30th of September, 1874, after deducting the unapplied 
 balances of the sinking funds at that date : 
 
 
 Debt on Sept. 30. 
 1874. 
 
 Balance of 
 Sinking Funds 
 on Sept. 30, 1874. 
 
 Balance of 
 Debt after applying 
 Sinking Funds. 
 
 
 $3,988,526.40 
 
 $4,142,693.84 
 
 
 Continff6nt 
 
 68,000.00 
 
 32,823.49 
 
 $35,176.51 
 
 Canal .... 
 
 10,230,430.00 
 
 1,561,018.99 
 
 8,669,411.01 
 
 
 15,912,500.00 
 
 * 7,125,278.20 
 
 8,787,221.80 
 
 
 
 
 
 
 $30,199,456.40 
 
 $12,861,814.52 
 
 $17,491,809.32 
 
 The State debt on the 30th of September, 1873, 
 after deducting the unapplied balances of the 
 sinking funds, amounted to $21,191,379.34 
 
 On the 30th of September, 1874, to 17,491,809.32 
 
 Showing a reduction of $3,699,570.02 
 
 The State tax levy for the current year amounted to seven 
 and a quarter mills. The total amount of the 
 
 Tzixcs 
 
 tax will be $15,727,482.08 ; about $900,000 in 
 excess of the amount levied during the preceding fiscal year. 
 
 * Deducting interest accrued to Oct. 1, 1874, payable Jan. 1, 1875. 
 
1875.] FIRST ANNUAL MESSAGE. 27 
 
 Summary statements in respect to the banks, savings-banks, 
 trust, loan, and indemnity companies, insurance Other depart . 
 companies, quarantine, the Emigration Commis- ments of the State - 
 sion, common schools, colleges, and academies, the State 
 Library and Museum, the National Guard, the soldiers of 
 the war of 1812, the war claims against the United States, 
 the salt springs, and the State prisons are appended. The full 
 reports of the public officers and boards charged with the 
 special care of these subjects will be transmitted as soon as 
 their preparation is completed. Your attention is invited to 
 them, and especially to the report of the comptroller, which 
 will be submitted at the opening of the session. 
 
 The Constitution provides that an enumeration of the inhabi 
 tants of the State shall be taken, under the direc 
 tion of the Legislature, in the year 1855 and at 
 the end of every ten years thereafter. 
 
 Chapters 64 and 181 of the Laws of 1855, and Chapter 
 34 of the Laws of 1865, which remain in full force, pre 
 scribe the manner of taking the enumeration. 
 
 These Acts require the Secretary of State to prepare uniform 
 blank returns and abstracts for the purpose of taking the enu 
 meration and obtaining statistical information as to population 
 and social statistics, the resources and interests of the State, 
 individual and associated industry, agriculture, the mechanic 
 arts, commerce and manufactures, education, and other infor 
 mation of great value to the statistician and to all classes of 
 citizens, and will probably require little or no modification. 
 
 It will be necessary for the Legislature to make an appro 
 priation to enable the Secretary of State to carry into effect 
 the provisions of the Constitution and of the statutes above 
 referred to. A sum equal to the amount appropriated in 1865 
 for that purpose, by Chapter 598 of the Laws of that year, 
 will probably be sufficient. 
 
 The Secretary of State has taken preliminary steps toward 
 the enumeration, and looks to the Legislature for an early 
 appropriation to enable him to go forward with the work. 
 
28 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 The Annual Report of the State Board of Charities will be 
 laid before the Legislature, and I commend it to 
 
 Pauperism. 
 
 your attention. It will contain the results of a 
 special examination in respect to the condition of children in 
 the poor-houses, and the subjects of out-door relief and alien 
 paupers. The laws relating to pauperism need revision and 
 amendment. The growth of the State in wealth and population 
 has brought with it more complex relations between capital and 
 labor, which should be carefully studied, in order that legisla 
 tion may be adapted to their requirements. I suggest whether 
 it is not advisable that a commission be appointed to investigate 
 and report upon the management and relief of the poor, and to 
 propose such legislation as will tend to relieve the industry 
 of the State from the evils which result from poor-laws vicious 
 or inadequate in conception, or defective in execution. 
 
 The celebration of the Centennial Anniversary of American 
 Centennial Exhi- Independence will occur in the year 1876. Un 
 der the auspices of the General Government an 
 international exhibition of arts, manufactures, and natural pro 
 ducts will be held in the city of Philadelphia. Provision has 
 already been made for the appointment of a board of five com 
 missioners to represent this State, who are to serve without 
 compensation. I recommend a moderate appropriation of 
 money, which will be required to defray the necessary expenses 
 of the commission, and enable this State to take such part 
 in the exhibition as will testify our sense of the greatness of 
 the event commemorated, and is suitable to the dignity of our 
 Commonwealth. 
 
 The adoption of the recent amendments to the Constitution 
 Constitutional renders necessary some important legislation 
 
 amendments. 
 
 changes made in Article II. require corresponding changes in 
 the election laws with respect to challenges and the oaths 
 thereupon, and the enactment at the present session of a law 
 " excluding from the right of suffrage all persons convicted of 
 bribery or of any infamous crime." 
 
1875-1 FIRST ANNUAL MESSAGE. 29 
 
 The amendment of Section 4 of Article YIII. of the Constitu 
 tion requires the enactment of a " general law conforming all 
 charters of savings-banks, or institutions for savings, to a uni 
 formity of powers, rights, and liabilities." 
 
 The addition of Article XY. necessitates the passage of an 
 act prescribing the punishment for the offence of bribery, 
 created in Sections 1 and 2. Some legislation may be neces 
 sary in consequence of the change in the mode of compensating 
 members of the Legislature, and in some other matters which 
 will readily occur to you. 
 
 The section added to Article III. as Section 18 requires the 
 passage of general laws providing for the cases in which special 
 legislation is prohibited by that section. Many of these cases 
 are within existing general laws, and with respect to several 
 others no immediate legislation seems to be required. Doubt 
 less, however, some legislation is expedient, either in the way 
 of enacting statutes providing for the cases to which the ex 
 isting statutes do not apply, or in the way of amendments to 
 existing statutes. 
 
 The provision prohibiting special legislation in the cases 
 specified is the amendment from which the largest benefits 
 have been anticipated. In framing the general laws which are 
 to provide for these cases, great caution will be necessary. 
 The part I took in the Convention of 1846, and even before the 
 enactment of the general banking law of 1838, in advocating 
 the principle of general laws in its application to the creation 
 of corporate bodies, which have been practical monopolies, and 
 to other cases where it seemed to be safely applicable, may 
 justify me in suggesting some qualification of the advantages 
 to be derived from the change, unless it be accompanied by 
 especial foresight and wisdom. It will doubtless be an unavoid 
 able necessity to modify existing general laws and to shape 
 new ones to be enacted with reference to special and peculiar 
 cases. It is quite possible to give a general form to the phrase 
 ology of every enactment intended to apply to a special case 
 and to operate as a special grant of powers. The benefit 
 
30 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 intended to be secured by the prohibition may thus be defeated. 
 Even greater mischiefs than those which existed under the old 
 system may be created. The parties interested in promoting a 
 law intended to obtain special powers for a particular case can 
 not be relied on to guard against the possible operation of the 
 general provision in the other cases to which it may be applied. 
 The legislators who could measure the whole consequences of 
 an act limited in its terms to a special instance, cannot foresee 
 the possible cases to which a general law, adapted to the in 
 stance present to his mind, may be found capable of applying, 
 or what operation it may have. There will, therefore, be great 
 danger of vague, loose, and hasty legislation in contemplation of 
 one object, but capable of working in numerous cases results 
 neither foreseen nor intended. The new legislation called for 
 by this provision should be framed with more than ordinary 
 care. 
 
 It will be the first and most imperative of our duties to revise 
 Frauds and mai- the laws which are intended to provide criminal 
 
 versation by pub- . _ . . 
 
 lie officers. punishment and civil remedies lor frauds by pub 
 
 lic officers, and by persons acting in complicity with them. 
 The condition of our existing statutes and of our unwritten law, 
 as its provisions for such cases have been construed and declared 
 by recent decisions of the court of final resort, disclose grave 
 defects. The practical evils resulting from these defects are 
 greatly increased by the recent frequency and magnitude of 
 violations of official trust. 
 
 The statutes punishing embezzlement are held not to apply 
 imperfection of ^ sucn offences when committed by public offi- 
 criminai laws. cerg rpj ie s t a tutes relating to larcenies are 
 deemed to be of questionable application to a fraudulent acqui 
 sition of public funds existing in the form of credits inscribed 
 on the books of a bank, and known in the language of commerce 
 as deposits. The statutes in regard to obtaining money or 
 property by false pretences are not free from technical embar 
 rassments in their application to public frauds. Without 
 assenting to the conclusion that these statutes are wholly 
 
1875.] FIRST ANNUAL MESSAGE. 31 
 
 unavailable in such cases, it cannot be doubted that they are 
 inadequate, and unfit for the exigencies of the times, and that 
 they abound in needless technical questions which tend to the 
 defeat of public justice. 
 
 No illustration of these defects can be so impressive as cer 
 tain facts of recent experience. A public officer, designated by 
 statute of the State, and authorized, with two others, to audit 
 the then existing liabilities against the County of New York, 
 fraudulently made an audit, or certified to an audit not made, 
 of fictitious claims to the amount of six millions of dollars, and 
 instantly received a million and a half of the money paid on 
 such audits, through a common agent between himself and the 
 pretended owners of the claims. For this flagrant crime, ac 
 companied by many circumstances of aggravation, the eminent 
 counsel who represented the people deemed it prudent to seek 
 convictions only for misdemeanors in neglect of official duty, 
 the punishment for each of which is imprisonment in the peni 
 tentiary for a term not exceeding one year, and a fine not ex 
 ceeding two hundred and fifty dollars. When we consider that 
 a person who, under the temptation of pressing want, steals 
 property of the value of over twenty-five dollars is liable to im 
 prisonment in the State prison for a term of five years, and 
 that the other offences against private property are punishable 
 with corresponding severity, the inadequacy of the law appli 
 cable to great public delinquents, betraying the highest trusts 
 and plundering the people on a grand scale, is revolting to all 
 just notions of morality and justice. 
 
 I recommend the enactment of a statute which shall clearly 
 embrace such offences, and impose penalties upon 
 
 Recommendations. 
 
 them proportionate to their moral turpitude and 
 to the mischief which they inflict upon society. It can apply 
 only to future cases ; but it may be expected to do something 
 toward preventing a recurrence of such evils. 
 
 The existing civil remedies applicable to such cases are no 
 less inadequate. For the last three years the spectacle has been 
 exhibited on the conspicuous theatre of our great metropolis 
 
32 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 of fraudulent officials remaining in quiet possession and mak 
 ing unobstructed dispositions of great wealth 
 
 Civil remedies. 
 
 which we are morally certain was derived from 
 their spoliation of public trusts, notwithstanding legal proof of 
 the most conclusive nature exists of their guilt. In the mean 
 time, civil actions have been dragging their slow length along, 
 as in ordinary cases of disputed rights, while the "law s 
 delay" has been maintained by the use of the vast fund ab 
 stracted from the public, and no process has been found in 
 our laws by which it could be attached and preserved pending 
 the litigation, or its disposition interfered with before final 
 judgment. 
 
 A Bill to extend to such cases the remedy of attachment as 
 
 in case of foreign corporations, or non-resident, 
 
 Recommendation. 
 
 absconding, or concealed defendants, has been 
 heretofore submitted to the Legislature. I trust that such a 
 measure will be speedily adopted. I recommend further that 
 preference be given to such cases in the courts, whoever may 
 be the party plaintiff. 
 
 A still more serious defect exists in our jurisprudence. 
 A great defect in Where a wrong is committed which affects the 
 our jurisprudence. treasury O f a city, county, town, or village, the 
 
 officers who would be the proper plaintiffs in any suit for re 
 dress, or who possess exclusively the power to institute or con 
 duct such suits, may be themselves the wrong-doers, or be in 
 complicity with the wrong-doers. In every such case the 
 remedy must, of course, be very much embarrassed, if not 
 wholly unavailing. The unfaithful incumbents may be entitled 
 to serve for a long term, or they may possess great facilities 
 for gaining the favor of their successors. While the remedy 
 is thus delayed perhaps for years the proofs may be lost ; 
 or the depredators may make away with their property and 
 withdraw their persons from the reach of process; or they 
 may, through the lapse of time, become discharged from lia 
 bility by the Statute of Limitations. As the offence becomes 
 stale, the public sentiment which inspires voluntary efforts of 
 
I87S-] FIRST ANNUAL MESSAGE. 33 
 
 patriotic citizens in behalf of the people to seek redress, is 
 wearied and weakened. On the other hand, temptations are 
 strengthened and developed into actual crimes by the prospect 
 of impunity which grows out of tardiness and uncertainty in 
 the remedial law. 
 
 The frequent occurrence of malversation in local governing 
 officials has stimulated ingenuity to devise some Attempts to rem- 
 judicial remedy. At first it was conceived that edy that defect 
 the injured taxpayers or inhabitants might, in their own names, 
 invoke judicial aid. An analogy was set up to the case of a 
 private corporation in which a corporator, on the omission of 
 the directors to sue, might bring an action in behalf of himself 
 and his associates, making the corporate body a defendant. 
 The idea received much favor from the courts in the judicial 
 district which comprises the city of New York. But the Court 
 of Appeals in Roosevelt vs. Draper, and in Doolittle vs. Super 
 visors of Broome County, decided that the individual taxpayer 
 had no special interest distinct from that of the public which 
 would enable him to sustain an action in person for the re 
 dress of a public wrong of the nature involved in those cases. 
 In the former case the intimation was made that the true 
 "remedial process against an abuse of administrative power 
 tending to taxation is furnished by our elective system, or 
 by a proceeding in behalf of the State;" in the latter, that 
 "for wrongs against the public, the remedy, whether civil or 
 criminal, is by a prosecution instituted by the State in its 
 political character, or by some officer authorized by law to act 
 in its behalf." 
 
 The whole reasoning of the Court proceeded upon this 
 ground ; nor does it seem to have been questioned by the coun 
 sel on either side. The remedy intimated in these decisions 
 has been recognized as established law in Great Britain, from 
 which we inherit our equity jurisprudence, by a series of great 
 precedents. It has been applied to populous municipalities, 
 like Liverpool, and to corporate funds derived from taxation 
 and applicable to general municipal purposes. It is a natural 
 
 VOL. II. 3 
 
34 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 deduction from the historic origin and the expansive philoso 
 phy of the equity system, whose proud boast has ever been 
 that it leaves no wrong without a remedy. 
 
 On the discovery in 1871 of the frauds committed by the 
 governing officials of the municipality of New York, the 
 Attorney-General, acting on these intimations of our own 
 courts and on the English precedents, instituted actions 
 against the parties inculpated by positive proofs. Within 
 the last year the Court of Appeals, in the cases of The 
 People vs. Tweed, Ingersoll, et al., and of The People vs. Fields, 
 has decided that the State cannot maintain those actions. 
 The result is at last arrived at that neither the taxpayer 
 nor the State in his behalf can seek redress ; that in all the 
 long interval, nobody has been competent to sue or conduct a 
 suit, except some corporation counsel who was an appointee 
 of the accused parties. This is a state of our jurisprudence 
 which calls for new legislation. 
 
 In choosing between the two expedients of vesting the right 
 to sue in the individual taxpayer or in the State, 
 
 New legislation. 
 
 it is obvious that the latter should be preferred. 
 The existing statutes intended to confer some limited rights 
 on the individual taxpayer are practically nugatory. The 
 reasoning of the Court of Appeals, in the cases denying him 
 the right under our customary jurisprudence or the common 
 law, argues with cogency the inconveniences which might 
 attend the possession of such a power by every member of so 
 multitudinous a body. The wiser alternative is to vest the 
 power in the people of the State, acting by their attorney- 
 general. It will be analogous to the authority which exists 
 in respect to private corporations and in cases of nuisances 
 and of quo ivarranto, and will be in conformity to the safe 
 methods and traditional usages of equity jurisprudence. 
 
 The establishment of such a remedy for the injured taxpayer 
 
 Local self-govern- or citizen will not detract from, but will make 
 
 possible, and will found on a durable basis, local 
 
 self-government. Human society will struggle, like every- 
 
iS;5.] FIRST ANNUAL MESSAGE, 35 
 
 thing that lives, to preserve its own existence. When abuses 
 become intolerable, to escape them it will often surrender its 
 dearest rights. 
 
 All the invasions of the rights of the people of the city of 
 New York to choose their own rulers and to manage their own 
 affairs which have amounted to a practical denial of self- 
 government for the last twenty years have been ventured 
 upon in the name of reform, under a public opinion created 
 by abuses and wrongs of local administration that found no 
 redress. When the injured taxpayer could discover no mode 
 of removing a delinquent official, and no way of holding him to 
 account in the courts, he assented to an appeal to the legisla 
 tive power at Albany ; and an Act was passed whereby one 
 functionary was expelled, and by some device the substitute 
 selected was put in office. Differing in politics as the city and 
 State did, and with all the temptations to individual selfish 
 ness and ambition to grasp patronage and power, the great 
 municipal trusts soon came to be the traffic of the lobbies. It 
 is long since the people of the city of New York have elected 
 any mayor who has had the appointment, after his election, of 
 the important municipal officers. Under the charter of 1870, 
 and again under the charter of 1873, the power of appointment 
 was conferred on a mayor already in office. There has not 
 been an election in many years in which the elective power 
 of the people was effective to produce any practical results 
 in respect to the heads of departments, in which the actual 
 governing power really resides. 
 
 A new disposition of the great municipal trusts has been 
 generally worked out by new legislation. The arrangements 
 were made in secret. Public opinion had no opportunity to 
 act in discussion, and no power to influence results. Inferior 
 offices, contracts, and sometimes money were means of com 
 petition, from which those who could not use these weapons 
 were excluded. 
 
 Whatever defects may sometimes have been visible in a 
 system of local self-government under elections by the people, 
 
36 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 they are infinitely less than the evils of such a system, which 
 insures bad government of the city, and tends to corrupt the 
 legislative bodies of the State. A popular election invokes 
 publicity, discussion by the contending parties, opportunity for 
 new party combinations, and all the methods in which public 
 opinion works out results. 
 
 No part of the civic history of this State is more instructive 
 Official accounta- than the recorded debates of the Convention of 
 of^wTpaf 1011 1821 on the question of electing, by the voters 
 independence. O f ^ Q COU nties, the sheriff, who is the executive 
 arm of the State. It was thoughtfully considered by our 
 foremost statesmen. Its solution embraced the two ideas, 
 the selection by the locality, and the removal for cause by the 
 State. The Convention of 1846 carried its dispersion of the 
 power of choosing local officers much farther on the same 
 system. That system is to distinguish between the power of 
 electing or appointing the officer and the power to hold him 
 to account. It is, while dispersing the one to the localities, to 
 reserve the other to the State, acting by its general repre 
 sentatives and as a unit, and to retain in the collective State 
 a supervisory power of removal in addition to whatever other 
 accountability may result to the voters or authorities of the 
 locality from the power to change the officer at the expiration 
 of his term, or from special provisions of law. The two ideas 
 are not incompatible. On the contrary, each is the comple 
 ment of the other. Such dispersion of the appointing power 
 has become possible only because these devices have been 
 invented to preserve accountability to the State. 
 
 The right of the State, by its general representatives, to 
 remove, is capable of being made to destroy the local election 
 or appointment ; the right of the State to sue is not. It is 
 also less in conflict with the local power of election and ap 
 pointment. Official accountability is not complete if there is 
 no remedy for official wrongs but removal ; that remedy needs 
 to be supplemented by accountability in the courts on the 
 appeal of a taxpayer or citizen of the locality. If a right to 
 
1875.] FIRST ANNUAL MESSAGE. 37 
 
 that appeal is denied, the appeal will continue to be made, on 
 often recurring occasions, to the legislative power, and the 
 system of the last twenty years will be perpetuated. 
 
 The problem of municipal government is agitating the intel 
 lect of all civilized peoples. In our own State it Municipal 
 is the more interesting and important because it government. 
 involves the half of all our population, which lives in cities or 
 large villages. The framework of the system which we should 
 adopt must be intrenched in the fundamental law, and pro 
 tected, by constitutional restrictions, from arbitrary and ca 
 pricious changes by legislation. This problem failed of any 
 solution in the recent amendments to the Constitution. It is 
 worthy of long-continued thought and debate. Time and dis 
 cussion will at last mature a safe and wise result. 
 
 The State of New York, not denying the general unfitness 
 of Government to own, construct, or manage the The Erie Canal 
 
 and the trans por- 
 
 works which afford the means of transportation, tation problem, 
 saw an exception in the situation and in the nature of the 
 canals, which are trunk communications between the Hudson 
 and the great inland seas of the North and West. They con 
 nect vast navigable public waters, and themselves assume some 
 thing of a public character. 
 
 The voyage from Europe to America, even if destined to 
 Southern ports, is deflected by the ocean currents The natural pass 
 so as to pass closely by the gates of our com- ofcommerce - 
 mercial metropolis. That capacious harbor is open the whole 
 year, is accessible in all prevailing winds, and is sheltered, 
 safe, and tranquil. From it the smooth waters of the Hud 
 son give transit to the lightest hull, carrying the largest 
 cargo, which the skill of man has brought into use. The head 
 of navigation on the Hudson touches the natural pass of com 
 merce opened up in the geographical configuration of this 
 continent, where the Alleghanies are cloven down to their 
 base, and travel and traffic are allowed to flow across on 
 a level and by the narrowest isthmus to the lake ports, 
 which connect with all that great system of inland water 
 
38 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 communication and interior commerce, the most remarkable 
 in its character and extent and accessories that exists in any 
 part of the globe. 
 
 Tributary to the Western centres of lake commerce such as 
 Chicago and Milwaukee, are vast areas of fertile 
 soils, which stretch to and partly include the 
 valley of the upper Mississippi. Open prairies easily brought 
 into cultivation, fitted for the use of agricultural machinery, 
 adapted to the cheap construction of railways, and peculiarly 
 dependent on their use as a means of intercourse and traffic, 
 have been opened to settlers at nominal prices. They have 
 been rapidly filled by a young, intelligent, and energetic popu 
 lation, trained in the arts and industries of an older civiliza 
 tion, and applying them to natural advantages which have 
 been found elsewhere only in conjunction with the social bar 
 barism of an uninhabited wilderness. They are now covered 
 with a network of railways which connect myriads of little 
 centres with the lake ports and with the trunk railways that 
 bring them into practical contiguity to our great Eastern 
 centres of population, capital, commerce, and manufactures. 
 New York, without arrogating to itself an undue share in 
 
 York s lib- these achievements, may contemplate with proud 
 
 eral policy the 
 
 Erie Canal trust, satisfaction its contribution to results so magnifi 
 cent. Important as are the advantages which have accrued to 
 itself, it has not sought to monopolize the benefits of its policy. 
 The price of such cereals and other products of agriculture as 
 are exported in considerable quantities are mainly fixed by the 
 competitions of the foreign markets, even for our own con 
 sumption. The cheapening of the cost of transit, therefore, 
 chiefly profits the producer. This consideration illustrates 
 how large and liberal, in the main, is the policy adopted by the 
 State, a policy which 1 had the satisfaction of advocating in 
 1846 and in 1867, of treating these great works as a trust 
 for the million, and not seeking to make revenue or profit for 
 the sovereign out of the right of way. In consonance with 
 the same policy was the action of the State in 1851 in per- 
 
1875.] FIRST ANNUAL MESSAGE. 39 
 
 mitting the transit free of tolls upon a railway which it allowed 
 to be constructed between the termini of the Erie Canal and 
 along its bank. It had originally undertaken the construction 
 and administration of the canal, in order to create a facile and 
 cheap transportation demanded by the interests of the people, 
 and not otherwise possible to be attained. It did not for 
 get the motive for which it had acted, and remember only 
 its selfish interests as a proprietor. It therefore, by an Act 
 which anticipated the necessity afterward to arise by the con 
 struction of rival routes, repealed all restraints on the car 
 riage of property, and opened to free competition every mode 
 of transit, even in rivalry to its own works, for the products 
 of the West and for the manufactures and merchandise of the 
 East. 
 
 The Erie Canal remains an important and valuable instru 
 ment of transport, not only by its direct services, Not to be aban _ 
 but also by its regulating power in competition doned - 
 with other methods of transportation. The State, so far as we 
 can now foresee, ought to preserve it, and not contemplate its 
 abandonment. 
 
 If the State accepts the view which commands it to abstain 
 as a proprietor from making profit out of the Duties of the 
 canal, but to deal with it as a trust, it still has s 
 great duties to perform. It is bound, as a faithful trustee, to 
 protect this great work, not only from a spoliation of its rev 
 enues and from maladministration, but also from empirical 
 changes, proposed in the seductive form of specious improve 
 ments, that would destroy its usefulness while charging it 
 with new incumbrances, and from an improvident tampering 
 with its incomes that would dissipate its means of effecting 
 real improvements. These are its ever-recurring and its 
 greatest perils. 
 
 The nine hundred and twenty-five miles Of lake navigation 
 from Chicago to Buffalo, and the four hundred Lake and canal 
 
 navigation cannot 
 
 and ninety-five miles of canal and river naviga- be assimilated, 
 tion from Buffalo to New York, and the three thousand miles 
 
40 THE WORKS OF SAMUEL J. T1LDEN. [1875. 
 
 of ocean navigation from New York to the Old World, cannot 
 be made homogeneous, or even assimilated ; each is subject to 
 physical conditions which are unchangeable, and to which the 
 vehicle of transportation must be adapted. 
 
 The rough and stormy Lakes require a strong vessel, made 
 Lake boats unfit seaworthy by its deep keel, fully manned, and of 
 as canal boats. a orm i n t en( j e( i for speed in an unlimited expanse 
 of water. The canal admits of a light keel and a shape which 
 will carry a larger proportional cargo ; for the boat moves safely 
 in a tranquil channel of water, closely confined by physical 
 boundaries on the bottom and sides, and cannot but submit to 
 a slow movement. The propeller of the Lakes tends to grow 
 in dimensions. A recent one carries seventy thousand bushels 
 of wheat, or two thousand one hundred tons. A barge to be 
 towed by each propeller is a system now being tried with fair 
 prospects of success. The lake craft of the average size carries 
 less cargo in proportion to the vessel than the canal-boat ; and 
 it costs twice and a half or three times as much as the canal-boat 
 per ton of capacity. If the canal were made large enough to 
 pass the lake craft, the transporter could not afford to use the 
 lake craft on the canal. It carries too little cargo ; it is too 
 costly. It would have to reduce its rate of motion from about 
 eight miles per hour on the lake to less than three miles per 
 hour, which is the highest aim of the canal-boats, that now 
 make only l^ 2 ^ miles per hour. Such a vehicle of trans 
 port would not be adapted to the water channel it must 
 move in, and would not be economical. Transshipment at 
 Buffalo, with modern machinery, would cost little, compared 
 with the loss incident to using an unfit and ill-adapted 
 instrument. 
 
 To enlarge the Erie Canal to dimensions adapted to the move 
 ment of such a vessel, at the rate of less than three miles per 
 hour, would be so inconvenient to the traffic that it would be 
 easier and cheaper to construct an independent work. That 
 would probably cost a principal sum, the annual interest on 
 which would be greater than the entire amount now received 
 
1875.] FIRST ANNUAL MESSAGE. 41 
 
 by the carrier for his services and by the State for its tolls on 
 all the existing business. A shorter route would be likely to 
 be preferred. The Hudson River, from Troy to deep water, 
 would need a similar reconstruction. 
 
 A project often urged within the last ten years is the en 
 largement of the locks and other structures of Enlarged locks 
 
 and unenlarged 
 
 the Erie Canal, without a proportionate enlarge- water-way. 
 ment of the water-way. That plan exhibits a singular union 
 of injurious costliness and fatal parsimony. It is founded on 
 the fallacy that the use of a large boat, without reference to 
 its adaptation to the water-way in which it is to move, would 
 be economical. It is supported by an estimate of the State 
 Engineer in 1864 that the cost of transportation would be 
 reduced one half. His opinion has been repeated on all 
 occasions until the present time. But that estimate, when 
 analyzed, is found to omit all the wages and support of the 
 crew during the return trip and during the time occupied in 
 loading and unloading, and to allow for the use of the boat 
 about half its real cost. In other respects it was utterly 
 unworthy of trust. 
 
 The truth is, the boat is but one part of the whole machine 
 of transportation. Economy in the service de- Economy from the 
 
 best group of 
 
 pends upon getting the best adaptation 01 all the adaptations. 
 various parts, the boat, the motive power, the canal with its 
 structures and its water-way, the best group of adaptations 
 which adjustments and compromises of each can work out and 
 combine, and the resultant of the greatest economies which 
 can be obtained in conjunction. A larger boat, in a water-way 
 which now needs to be itself enlarged and improved to give 
 a good transit to the present boat, would be an unmixed 
 damage to the economy of the service, attained at immense 
 cost. 
 
 The Erie Canal was planned in view of the best science and 
 experience then possessed. It has excellent Perfecting the 
 
 canal the wise 
 
 adaptations, and is a superior instrument 01 policy. 
 transportation. It should not be fundamentally changed in 
 
42 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 its character and conditions without great consideration. It 
 should be perfected, and so made available to every practica 
 ble extent for facilitating and cheapening the exchanges of 
 commodities between the East and the West. 
 
 The two questions concerning it are, first, its capacity 
 
 its capacity, its to do an a gg re g ate business during a given 
 economy. period ; secondly, the economy per ton per 
 
 mile of the transportation it affords. These questions are 
 generally confounded with each other in all discussions ; but 
 they are completely distinct, and depend upon wholly different 
 conditions. 
 
 Capacity to accommodate an aggregate tonnage during a 
 day, a month, or a season of navigation depends 
 
 Its capacity ample. , . . 
 
 on the number of boats of the normal size which 
 the locks are able to pass during the period. Boats can be 
 multiplied indefinitely; the limit to their use is in the num 
 ber to which the locks can give transit. The time occupied 
 in a lockage is the test ; but it is unnecessary to apply it, for 
 the actual results of experience set at rest every doubt. 
 
 Of the seventy-two locks which intervene between the waters 
 of Lake Erie and the waters of the Hudson, all but a few have 
 been doubled for many years. In 1867, when the subject was 
 discussed in the Constitutional Convention, thirteen remained 
 single. For the first time, on the opening of navigation next 
 spring, double locks will be brought into use throughout the 
 entire canal ; that will nearly double the capacity of the canal 
 to make lockages. The largest delivery of the Erie Canal at 
 tide-water was in 1862 ; in that year it amounted to 2,917,094 
 tons, in cargoes averaging one hundred and sixty-seven tons. 
 The lockages both ways, including rafts which pass only one 
 way, at Alexander s, which is in the throat of the canal, 
 three miles west of Schenectady, was 34,977. In 1873 the 
 deliveries were 2,585,355 tons, in cargoes averaging 213 tons, 
 and the lockages were 24,960. 
 
 The theoretical capacity of the canal will be three or four 
 times the largest tonnage it has ever reached. There is no 
 
1875] FIRST ANNUAL MESSAGE. 43 
 
 doubt it can conveniently and easily do double the business 
 which has ever existed, even though the locks be not manned 
 and worked with the highest efficiency. The subject of 
 capacity may therefore be dismissed from this discussion. 
 
 The question, however, really worthy of our attention is 
 how we can perfect the canal so as to reduce Economy per ton 
 the cost per ton per mile of the transportation P ermile - 
 it affords. Quickening the movement of the boat increases the 
 service it renders in a given period. It lessens every element 
 in the cost of that service ; it enlarges the number of tons 
 carried in the given time ; and by enlarging the divisor of the 
 same expenses, it reduces the rate of cost per ton per mile. 
 The economy in the transit of the boat must be made, not in 
 the locks, but in the water-way. The seventy- TO be increased 
 
 by perfecting 
 
 two locks in the three hundred and forty-five water-way, 
 miles between Buffalo and West Troy, if each takes five 
 minutes, would occupy exactly six hours. In October, 1873, 
 seventy-six boats were timed, and their average passage down, 
 with average cargoes of two hundred and twenty-seven tons, 
 was ten days, two hours, and forty-six minutes, or nearly two 
 hundred and forty-three hours. If we double the time taken 
 in the locks, the time occupied on the levels between them 
 would still be over 95 per cent of the whole time of the voyage. 
 It is clear, therefore, that the saving of time must be made in 
 the 95 per cent, and not in the 5 per cent. Economy per ton 
 per mile in the transportation, so far as it depends on the 
 structure of the canal, is to be found in the relation which 
 the water-way bears to the boat. The movement of the boat 
 through water confined in an artificial channel, narrow and 
 shallow, is, at best, very slow. The engineers in 1835 planned 
 the Erie Canal and the boat with such relations to each other 
 as to give the greatest economy of power and facility of transit. 
 The boat has inclined to grow rather large and too square. 
 The water-way was practically never excavated in every part 
 to its proper dimensions. Time, the action of the elements, 
 and neglect of administration, all tend to fill it by deposits. 
 
44 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 I may be excused for repeating here what I said in the 
 Constitutional Convention eight years ago : 
 
 " What the Erie Canal wants is more water in the prism more 
 water in the water-way. A great deal of it is not much more than 
 six feet, and boats drag along over a little skim of water ; whereas 
 .it ought to have a body of water larger and deeper even than was 
 intended in the original project. Bring it up to seven feet, hon 
 est seven feet, and on all the levels, wherever you can, bottom 
 it out ; throw the excavation upon the banks ; increase that seven 
 feet toward eight feet, as you can do so progressively and economi 
 cally. You may also take out the bench-walls." 
 
 I recommend that such measures be taken as your wisdom, 
 aided by such information as can be had from 
 
 Recommendations. 
 
 the proper administrative officers, may devise, 
 to put in good condition and to improve the water-way of the 
 Erie Canal ; and that provision be made by law to enable the 
 State Engineer, soon after navigation is opened, to measure 
 the depth of water in the canal by cross-sections as often as 
 every four rods of its length, and on the upper and lower 
 mitre-sill of each lock. 
 
 Such a policy, if properly executed, will give a better and 
 Future inventions more economical transit to the boats if they con- 
 
 and economies. tinue to be towed by horseg . ft will also facili . 
 
 tate the use of steam canal-boats and the full realization of the 
 advantages they may be expected to give as to economy of 
 transportation. The obstacle to their use in 1867 was that the 
 machinery, in its then state, displaced too much cargo to be 
 economical, and was in other respects imperfect. The progress 
 of invention since seems to promise more beneficial results. If 
 the movement of the boat can be expedited from one and forty- 
 two hundredths miles to three miles per hour, including the 
 time consumed in the lockages, the improvement will be of 
 great importance and value. The estimate of the able engi 
 neer of the Commission on Steam Canal Navigation is that 
 the cost of carriage of a bushel of wheat from Buffalo to New 
 York will be reduced from eight cents to four cents. It is 
 
1875.] FIRST ANNUAL MESSAGE. 45 
 
 not to be supposed that the inventive genius applied to this in 
 teresting subject is exhausted ; and if these results shall in any 
 degree fail to be realized by the present experiments, we may 
 nevertheless anticipate more complete success in the future. 
 
 It will be -seen that on the Erie Canal alone the surplus of 
 income over expenditures is about 37| per cent 
 
 Income and outgo. 
 
 of the gross income. If the three other canals 
 
 which are to be retained by the State as part of the system be 
 
 included, the surplus is but llf per cent. 
 
 The present tolls on wheat are 3^ cents, and on corn 3 cents 
 per bushel, from Buffalo to Troy, 345 miles. 
 They were reduced in 1870, those on wheat 
 from B^TT? or one half ; and those on corn from 4-^g- to 3 cents, 
 or about 38 per cent. One cent per bushel taken off the pres 
 ent tolls, and the same proportion on other articles, would 
 annihilate nearly all the net income of the Erie Canal, con 
 sidered alone, and would make a deficiency, in respect to the 
 four canals retained, of half a million of dollars a year, if 
 future expenditure should be the same as in these three years. 
 The construction of the details of the toll-sheet belongs 
 to the Canal Board, and adjustments from time to time may 
 be necessary. Doubtless suggestions on that subject will 
 always receive due consideration. But, in the present condi 
 tion of things, to embark hastily and unadvisedly upon a 
 general reduction of tolls might well be considered as improvi 
 dent, even in respect to the canals themselves. To confiscate 
 the surplus of one cent, or one half a cent per bushel, 
 which alone gives the means of making the improvements 
 expected to realize a reduction of four cents in the cost 
 of transportation, would not seem a wise execution of the 
 trust, even disregarding other considerations which cannot be 
 wholly overlooked. 
 
 The question of altering the gates of the locks or otherwise 
 lengthening the chambers may be safely deferred No vash inno _ 
 until we can be more sure of its utility. The vatlons - 
 fact that on the Delaware and Raritan Canal, which admits of 
 
46 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1875. 
 
 long boats, the proportions which exist in those now used on 
 the Erie Canal are preferred, is against that alteration, as is 
 also the judgment of excellent canal engineers. Holding our 
 selves ready to accept improvements which have been subjected 
 to trial and scrutiny until they are practically assured of suc 
 cess, we ought to exercise the same caution in respect to rash 
 or crude innovations which ordinarily governs men in private 
 business. 
 
 The financial results of the fiscal years ending Sept. 30, 1874, 
 Financial results 1873, and 1872, for the Erie Canal, and for the 
 
 of the last three 
 
 years. Champlam, the Oswego, and the Cayuga and 
 
 Seneca, are as follows : 
 
 ERIE. 
 
 Year ending 
 Sept. 30. 
 
 Income. 
 
 Ordinary 
 Repairs. 
 
 Extraordinary 
 Repairs. 
 
 Total 
 Expenditure. 
 
 1872 $2,760,147.50 $1,025,079.09 
 
 1873 2,710.601.49 749,977.03 
 
 1874 2,672,787.22 701,340.81 
 
 8,143,536.21 
 
 $661,942.02 $1,687,021.11 
 967,175.39 1,717,152.42 
 973,548.96 1,674,889.77 
 
 $5,079,063.30 
 
 Income in excess of disbursements $3,064,472.91 
 
 Average for each year 1,021,490.97 
 
 CHAMPLAIN. 
 
 1872 $150,644.28 
 
 1873 153,417.86 
 
 1874 123,703.54 
 
 $236,211.47 
 234,677.37 
 203,137.90 
 
 $427,765.68 
 
 $251,871.61 $488,083.08 
 562,782.95 797,460.32 
 242,216.43 445,354.33 
 
 $1,730,897.73 
 
 Excess of expenditure over income $1,303,132.05 
 
 Average for each year 434,377.35 
 
 1872 
 1873 
 1874 
 
 OSWEGO. 
 
 $90,796.57 
 88,428.13 
 70,119.59 
 
 $249,344.29 
 
 $171,794.82 
 
 93,938.81 
 
 107,938.21 
 
 $141,673.94 
 
 78,880.58 
 75,561.29 
 
 $313,468.76 
 172,819.39 
 183,499.50 
 
 $669,787.65 
 
 Excess of expenditure over income $420,443.36 
 
 Average for each year 140,147.78 
 
1875.] 
 
 FIRST ANNUAL MESSAGE. 47 
 
 CAYUGA AND SENECA. 
 
 Year ending 
 Sept. 30. 
 
 !872 
 1873 
 1874 
 
 Income. 
 
 Ordinary 
 Repairs. 
 
 Extraordinary 
 Repairs. 
 
 Total 
 Expenditure. 
 
 $17,882.58 
 
 $38,267.23 
 
 $26,319.00 
 
 $64,586.23 
 
 22,481.11 
 
 27,143.48 
 
 6,921.06 
 
 34,064.54 
 
 19,311.47 
 
 28,934.08 
 
 28,517.04 
 
 57,451.12 
 
 $59,675.16 
 
 $156,101.89 
 
 Excess of expenditure over income ........ $96,426.73 
 
 Average for each year ............. 32,142.24 
 
 RECAPITULATION FOR THREE YEARS. 
 
 Income over Expenditure. 
 Erie ................... $3,064,472.91 
 
 Excess of Expenditure over Income. 
 Champlain ............ $1,303,132.05 
 
 Oswego ............. 420,443.36 
 
 Cayuga and Seneca ......... 96,426.73 
 
 $1,820,002.14 
 
 1,244,470.77 
 
 Each year .................. $414,823.59 
 
 It will be seen that during the last three years the income 
 of the Erie Canal, considered alone, has been The pa yi ng 
 $8,143,536.21, and its expenses 15,079,063.30, canal; 
 yielding a surplus of $3,064,472.91, or an average for each year 
 of $1,021,490.97. The excess of expenditure over income of 
 the three other canals which are to be retained by the State has 
 been $1,820,002.14, or three fifths of the surplus produced by 
 the Erie. Considering the four as a system collectively, the 
 surplus has been $1,244,470.77, or an average for each year of 
 $414,823.59. 
 
 During the same three years the five other canals to which 
 the constitutional amendment applies, have given The non . pay i ng 
 an income of $119,864.45, or for each year of canals 
 $39,954.81, against an expenditure of $1,596,499.74, or for 
 each year of $532,166.59. They have consumed all the net 
 income of the paying canals, and have charged the State with 
 a loss of $232,164.52, or for each year $77,388.17. In addi 
 tion to this annual loss, the whole burden of the sinking fund 
 to pay the canal debt is thrown upon the State. 
 
48 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 A careful investigation whether the net incomes of the canals 
 increase income retained cannot be increased, ought to precede a 
 
 before discard- . 
 
 ing income. surrender of what little now exists. Ordinary 
 
 repairs should be scrutinized with a view to retrenching their 
 cost and to obtaining the largest possible results from the out 
 lay. Extraordinary repairs include much which so regularly 
 recurs in different forms that they must be considered a part 
 of the maintenance of the works. No doubt they also include 
 improvements which are of the nature of new capital. These 
 and all improvements should be governed by a plan and pur 
 pose leading to definite results ; and, instead of scattering ex 
 penditures on imperfect constructions, should aim to complete 
 and make available the specific parts undertaken. Unity of 
 administration and of system, both in respect to repairs and 
 improvements, should be established, even if only by the vol 
 untary consultation and co-operation of officers having author 
 ity over separate portions of a single work. It is worthy .of 
 consideration whether any legislation can aid in securing 
 the unity in this respect which existed under our former 
 Constitution. 
 
 The State, hearing all parties interested in the use of the 
 New York the canals, will remember that itself, as an arbiter 
 
 trustee for the 
 
 interests of ail. and trustee, must look equitably to the interests 
 of all. This it will do in a wise, liberal, and just spirit. To 
 the last degree possible, it will cheapen facilities to trade. 
 It will aim to preserve for its metropolis its position as the 
 carrier, merchant, and banker of the New World. 
 
 Inevitable changes must be recognized as the results of mod- 
 Chief function ern inventions and improvements in the machin- 
 tem New 1 ?ork er J ^ transportation. When water routes alone 
 dt v - existed, products came to New York for distribu 
 
 tion to points which are now more easily and cheaply reached 
 directly by rail. Railroads, covering the country like a net 
 work, touch so many points that they are a more perfect and 
 complete agency for the reception and distribution of produce 
 than a water communication connecting a few principal points ; 
 
1875.] FIRST ANNUAL MESSAGE. 49 
 
 and where the transit from the producer to the consumer 
 requires the use of the rail to reach the water, or after leav 
 ing the water, or both, the all-rail route will often be preferred. 
 New routes will acquire the business which is naturally tribu 
 tary to them, and take besides some portion of the general 
 business. The main transportation of Western agricultural 
 products is for local consumption in the East. What comes> 
 to us for our own consumption cannot be diverted; what 
 goes for consumption elsewhere cannot be acquired. The 
 exports of agricultural products to foreign countries are but 
 a small part of the whole production. In those New York 
 will easily continue to maintain her pre-eminence. 
 
 The Champlain and Oswego canals are, as well as the Erie, 
 in some sense, trunk canals ; and the Cayuga and Seneca Canal 
 connects our interior lakes. It is a noteworthy fact that 
 Mr. Flagg, who so long and honorably conducted the State 
 finances when the Canal Department was a bureau in his office, 
 always insisted that with the four canals now to be retained 
 the system was complete. Those it is now proposed to abandon 
 are not fruits of his policy. 
 
 The adoption of the constitutional amendment removing the 
 prohibition against " selling, leasing, or otherwise Disposition of the 
 disposing of " the canals owned by the State in canals, 
 respect to all except the Erie, the Oswego, the Champlain, and 
 the Cayuga and Seneca canals, undoubtedly contemplates such 
 action on your part as will disencumber the revenues of the 
 canals retained by the State, and disembarrass the treasury of 
 the State from the unproductive works in respect to which the 
 prohibition is withdrawn. It cannot have been supposed possi 
 ble to " sell or lease " those works on conditions which require 
 the purchaser to maintain and operate them. " Otherwise to 
 dispose of" them amounts to a practical abandonment. 
 
 Even thus to deal with them involves many important ques 
 tions of a business character. Those portions of 
 
 Use as feeders. 
 
 them which descend toward the Erie Canal act as 
 
 feeders to supply water to that canal. The supply cannot be 
 
 VOL. II. 4 
 
50 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 safely diminished, and might be judiciously increased. The 
 improvement of the water-way contemplated will call for more 
 water. The consideration of what must be done to retain as 
 feeders portions of these canals not hereafter to be maintained 
 by the State for navigation, or what other provision for a supply 
 of water shall be substituted, is important. To make the change 
 contemplated by the amendment with as little harm as possible 
 to private interests, and to consider and provide for cases of 
 possible damage which may be caused by the works when fall 
 ing into disuse, needs careful study of the facts of the situation. 
 It is also to be ascertained what portion, if any, of the property 
 of the State connected with these works can be wisely sold. 
 The best suggestion which occurs to me on this subject is 
 A special com- to impose the duty of considering and reporting 
 
 mission recom- . . . 
 
 mended. on these questions upon a special commission 
 
 consisting of four persons. In the meantime no expendi 
 tures should be made upon those works which are not strictly 
 necessary in view of their probable future. 
 
 The State of New York receives nearly seven tenths of all 
 The interest of ^e i m P r ts, and sends abroad nearly half of all 
 fin7ndaTpoiicy h of the exports of the whole United States. In its 
 the United states, commercial metropolis a much larger share of 
 our dealings with foreign nations in securities and money is 
 transacted, and as at a common mart, the exchanges are largely 
 made between the people of the United States in domestic 
 manufactures and products, and in public and corporate securi 
 ties and stocks. More than one half of the revenues of the 
 Federal Government are collected within its borders, and at 
 least one fifth of all Federal taxation falls upon its citizens. 
 
 Since the Federal Government has assumed to provide a cur 
 rency for the whole country directly by the issue of its own 
 notes, or indirectly by bank-notes which are secured upon 
 bonds of the United States, and in case of default by the issuer 
 are to be paid, before resorting to the securities, by the United 
 States ; since it has incidentally absorbed the regulation of the 
 business of banking ; since it has largely increased its taxation, 
 
i875-] FIRST ANNUAL MESSAGE. 51 
 
 and imposes that taxation in forms which affect the courses of 
 industry and the application of capital and labor, it is impossi 
 ble to exclude these vast operations, and the administrative policy 
 and the legislation connected with them, from a review of " the 
 condition of the State " which it is the constitutional duty of 
 the Governor to communicate, with such recommendations " as 
 he shall judge expedient," "to the Legislature at every session." 
 The illusion is too common that an additional issue of cur 
 rency in legal tenders or bank-notes would alle- Can more cur 
 rency revive 
 viate the distress now felt in business, cause a prosperity? 
 
 general rise of prices, and revive a seeming if not a real pros 
 perity. Thus many are tempted to desire or to acquiesce in a 
 demand upon the Federal Government to put out new promises 
 to pay, while it is yet in a long-continued default as to those 
 heretofore made, and to do so after ten years of peace, while 
 having no better excuse for its present default than lack of 
 skill in applying its abundant resources to the restoration 
 of the public faith. 
 
 The hope of benefits to any class from such an unsound 
 policy would prove to be completely fallacious. It would pro 
 long and intensify the evils sought to be alleviated. This con 
 clusion is clear upon principle and in our own experience. In 
 order distinctly to see its truth, it is only necessary to analyze 
 that function in the business of society which is performed by 
 the circulatory credits known as currency. 
 
 To economize the use of metallic money, which had become 
 the common instrument of exchange, personal Currency but a 
 
 . part of circulating 
 
 credit, in the form of book accounts, was intro- credits, 
 duced. For example, the farmer delivered to the country mer 
 chant his grain when ready for the market, and the merchant 
 delivered his goods at the times when they were wanted by the 
 farmer for consumption. Each delivery was entered in a run 
 ning account until a balance was struck ; and even then the 
 settlement generally took place without the intervention of 
 money, which neither party had the capital to own for each 
 transaction, or to pay the ultimate balance. Next came the 
 
52 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 note of hand, and when the transaction was between parties 
 doing business at different places, drafts and bills of exchange. 
 At last the most refined tool of commerce became perfected. 
 The bank-note promising to pay coin on demand to bearer, 
 in an even and convenient amount, engraved and authenticated, 
 when issued by an institution or individual of established 
 general credit was voluntarily accepted by everybody in 
 place of coin. It is the currency used in payment by those 
 who do not keep bank accounts, and in petty transactions by 
 those who do keep bank accounts. A credit inscribed on the 
 books of the bank, known in the language of commerce as a 
 deposit, and transferred by check, is the preferred medium of 
 payment in all save petty transactions by those who keep bank 
 accounts. It is preferred because a check may represent a 
 large and uneven amount, which in notes would be inconvenient 
 in the counting, handling, and custody ; and a check payable to 
 order is safer, and is itself an evidence of the payment. In 
 dense communities, where the bank is near the customers, 
 checks are mostly used. In sparse communities, where the 
 bank is remote from the dealers and holders, bank-notes are 
 mostly used. 
 
 These two tools of trade and mediums of payment are, in 
 Bank-notes and their general functions, identical. Their real 
 Sn efifec^and* 16 na * ure ^ s that they are a provision for expected 
 nature. payments and a reserve for possible payments. 
 
 On deposits, the holder submits to a partial or total loss of inter 
 est, for some banks allow interest at low rates on deposits ; on 
 bank-notes the holder submits to a total loss of interest. To 
 each holder the motive is ever present, to reduce his non-inter 
 est bearing reserve to the lowest necessary amount, by investing 
 it if it be his own, or by returning it if it be borrowed. 
 
 If the currency be redeemable, the wants of the community, 
 
 Their amount an( i n t the wishes of the banks, will determine 
 
 an? s d , !? pSySe 3 the amount which will remain outstanding. All 
 
 that government ought to do toward fixing that 
 
 amount is to provide methods to enforce payment by the 
 
1875.] FIRST ANNUAL MESSAGE. 53 
 
 issuers of such notes as the holders, not wishing to use, return 
 to the issuers for redemption. 
 
 It is true that in times of speculation the currency increases. 
 Transactions become more numerous. Higher Amount fluctuates 
 prices cause the same transactions to absorb wlth the times> 
 more of the medium of payment. There is greater disposi 
 tion to provide for contemplated or possible operations. There 
 is less care to economize the loss of interest on the amount 
 kept on hand. In times of depression, all these conditions are 
 reversed. During the long period of downward tendencies, 
 from 1837 to 1842, the currency fell of itself to about one 
 half its amount at the beginning of the period. 
 
 In the ordinary and regular relations between a redeemable 
 currency and prices, the fluctuations in the cur- The re i at j on O f 
 rency follow, instead of preceding, changes in currency to prices. 
 general prices. The notes in the hands of the public, less the 
 reserve kept for their redemption, form a part of the loan fund 
 of a bank ; but that amount is not capable of being increased at 
 the will of the bank until a speculation has arisen and higher 
 prices or more transactions have resulted. Even then the 
 increase of currency merely provides for the prior increase of 
 prices or of transactions. It may be said that the increase of 
 currency is a condition without which the increase of prices 
 or transactions could not happen ; but that is not true, unless 
 it be shown that no other tool of credit than bank-notes could 
 be used. In cases where a bank originates a speculation by 
 enlarging its loans, it must do so at the expense of its custom 
 ary reserve. It is only by artificial changes in the currency 
 generally made by Government that the currency itself 
 becomes the primal source of speculation. In fact it nearly 
 always happens that speculative purchases are originally made 
 on personal credit, evidenced by open accounts or notes of 
 hand. The banks are applied to only at the expiration of 
 the original credit ; and then what is wanted is not a con 
 tinued use of bank-notes, but a loan of capital. Bank-notes 
 are one of the wheels in the machinery of credit. They have 
 
54 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 no quality peculiar in its action on prices or different in 
 its action on prices from any other part of the machinery 
 of credit. The currency, at its present amount of bank 
 notes and legal tenders, is less than the deposits, and is 
 but a small fraction of the whole existing mass of credits, 
 including book accounts, notes of hand, drafts, and bills of 
 exchange ; and new forms of credit machinery are capable of 
 being invented indefinitely, as when, in September, 1873, the 
 New York Associated Banks created a currency of twenty 
 millions of certificates, to be used in the exchanges between 
 
 Currency only themselves. It is idle to pronounce the ma- 
 
 small part of cir- . 
 
 cuiatory credits. chmery of credit a maniac, dangerous to the 
 community, and then to put only its little finger in a strait- 
 jacket. 
 
 The experiment of regulating the note circulation alone has 
 Experience of been completely tried in Great Britain. In 1844, 
 England. when, on the re-charter of the Bank of England, 
 
 the bank-note circulation of that country was subjected to rules 
 which were supposed to make it fluctuate exactly as if it were 
 coin, it was considered by all but a few great thinkers that 
 there would ever after be stability of prices and stability of 
 business. But in 1847, in 1857, and in 1866 commercial re 
 vulsions of undiminished severity demonstrated the fallacy of 
 these hopes and of the system on which they were founded. 
 While the note circulation has ever since been confined by 
 law to a nearly constant amount, the deposit circulation has 
 increased manifold, and the vicissitudes of credit are as vio 
 lent as ever. It is evident that whenever a foreign demand 
 for coin arises, not caused by domestic over-trading, the sys 
 tem creates an artificial scarcity of an. important instrument 
 of commerce, and subjects all business to an unnecessary 
 perturbation, that whenever a panic destroys the credit 
 of inferior dealers, and the interposition of the highest 
 credit is called for to supply the vacuum and revive confi 
 dence, the system breaks down, and the law limiting the 
 issues of bank-notes is suspended, with the approval of the 
 
1875.] FIRST ANNUAL MESSAGE. 55 
 
 ministry and with a promise to appeal to Parliament for an 
 act of indemnity. 
 
 The depreciation of a currency not convertible into coin rep 
 resents the interest and risk, as estimated by the Why and how 
 
 inconvertible cur- 
 
 judgment of investors, on a loan payable at the reucy depreciates, 
 will of the Government, without interest, subject to such tem 
 porary fluctuations as are induced by the variations in the 
 supply and demand of coin in which that loan is ultimately 
 payable. There is no doubt that the issue of legal tenders 
 during the civil war hastened and greatly increased that in 
 flation of prices which naturally resulted from Thus inflating 
 the increased consumption and the waste re- P" ces - 
 suiting from military operations, and from the diminished 
 production occasioned by so large a withdrawal of workers 
 from their ordinary industries. It is the nature of credit to 
 be voluntary ; it is founded on confidence. Credit on com 
 pulsion is a solecism. Therefore a forced loan of capital from 
 all existing private creditors cannot but be costly. 
 
 It was made, in this instance, on a security which bore no 
 interest, and interest on which could only be Le al . tender 
 represented in discount from its par value. It financing. 
 gave to the lender an agreement to pay, which, being instantly 
 due on demand, started in its career a broken and dishonored 
 promise. Every successive holder was left to conjecture when 
 it would be redeemed by the issuer, how far it might be ab 
 sorbed in the Treasury receipts, whether it could still be paid 
 out to some private creditor, and at what loss it could be passed 
 away in new purchases on a market advancing rapidly and 
 irregularly. Everybody was advised that the Federal Govern 
 ment unwisely distrusting the intelligence and patriotism of 
 the people shrank from exercising its borrowing power, sup 
 plemented by its taxing power, and instead of resorting at 
 once to the whole capital of the country capable of being 
 loaned, which forms a vast fund perhaps thirty or forty times 
 as large as the then existing currency, it chose to begin by 
 debasing that comparatively insignificant part of circulating 
 
56 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1875- 
 
 credits, creating fictitious prices for the commodities and ser 
 vices for which it was next to exchange its bonds, in an expen 
 diture ten times as large as the whole amount of the legal 
 tenders it ventured to put afloat. No man could know how 
 often or how much of legal tenders might be issued, under pos 
 sible exigencies of the future. It could not be wholly forgotten 
 that such issues, made bj our ancestors to sustain the victori 
 ous war for national independence, were never redeemed, while 
 the public loans made for the same purposes were all paid. It 
 was remembered that history affords other warning examples 
 to the same effect. These elements of distrust were needlessly 
 invoked. But the system stopped short of the logical complete 
 ness of the expedients of the French Convention in 1793. 
 While it compelled the existing private creditor, or anybody 
 who should grant a new credit, to accept payment in legal 
 tenders, it did not assume to regulate the prices of commodi 
 ties. The seller, therefore, gradually learned to represent the 
 depreciation of the currency in the price of the article he ex 
 changed for it. As compared with gold, the currency, during 
 all the last year of the war, was depreciated to between forty 
 and fifty cents on the dollar, touching at its lowest point thirty- 
 five cents on the dollar. 
 
 It was not alone by the direct effect of the depreciation of the 
 
 ^es bvprovok- CUrrGI1C ^ tliat P HceS ^ere acted Upon ; Specula- 
 
 ing speculation, tion was engendered. Political economy takes 
 little account of the emotional and imaginative nature of man. 
 In long periods, with numerous instances, the average, deduced 
 as a law, may perhaps discard that element ; but in a par 
 ticular instance or at a particular time it is often very potent, 
 and must be estimated in any calculation which aims at 
 accuracy. After a period of rest, when the disposition to activity 
 begins to revive, a slight circumstance often excites a specu 
 lation that becomes general. The opening of a new market, an 
 apprehended deficiency in the supply of a commodity, any 
 one of a thousand circumstances may, in a certain state of the 
 public mind, be a spark to kindle a blaze of speculation through- 
 
1875.] FIRST ANNUAL MESSAGE. 57 
 
 out the commercial world. How much more, then, might it 
 have been expected that such a Governmental policy would in 
 spire and inflame the spirit of speculation ! The effect was 
 greatest during the process of a new issue of currency, or while 
 it was anticipated ; after the issue was completed, there was 
 generally a subsidence or a reaction. 
 
 The Government consumption during the war was mostly of 
 our domestic products. As soon as the channels 
 
 And needlessly 
 
 of traffic could be adapted to the new points of doubled the bur 
 den of the war. 
 consumption and the new classes of consumers, 
 
 there was no more difficulty in the transfer of these products 
 from producers to consumers than in the ordinary operations 
 of commerce during peace. 
 
 Governments, in times of public danger, cannot be expected 
 always to adhere to the maxims of economical science; the 
 few who would firmly trust to the wisest policy will often be 
 overborne by the advocates of popular expedients dictated by 
 general alarm. If the Federal Government had paid out Treas 
 ury notes, not made a legal tender, in its own transactions 
 whenever it was convenient, and redeemed them by the pro 
 ceeds of loans and taxes on their presentation at a central 
 point of commerce, and meanwhile had borrowed at the market 
 rates for its bonds, secured by ample sinking funds founded on 
 taxation, and had supplemented such loans by all necessary 
 taxes, the sacrifice would not have been half that required by 
 the false system adopted, perhaps the cost of the war would 
 not have been half what it became. 
 
 This analysis of the process by which the changes in the 
 currency operated to produce the effect on prices witnessed by 
 the people is necessary in order intelligently to discuss the 
 problem now pressed upon us ; for the fallacy lurks in many 
 minds that the quantity of the currency, even when it has 
 become stationary and quiescent, creates by its direct action 
 a state of prices proportionate to that in quantity. But this 
 fallacy is confuted by our own experience. The premium on 
 gold fell from one hundred and eighty-five in July, 1864, to 
 
58 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 twenty-nine in May, 1865 ; or rather, the currency rose from 
 Relation of the thirty-five cents to seventy-seven cents in gold 
 ?eTv d t t othe C ra r nge value > while the amount of the currency ro 
 of prices. mained undiminished. The quantity of the cur 
 rency in the hands of the public taking the aggregate of 
 the legal tenders and the bank-notes, and excluding all of both 
 which are held by the Treasury or by the banks is now 
 larger than at any former period. The existence of such a 
 quantity has not arrested the tendency to a general fall of 
 prices. The present inconveniences in business which it is 
 proposed to remedy by a new issue of currency have originated 
 and gone on to their maturity while the currency was being 
 distended to its greatest volume. 
 
 An excess beyond what is capable of being used for the 
 Excess of cur- business of society is now, for the first time, dis- 
 
 rency, yet falling 
 
 prices. tinctly indicated. The movement of the crops 
 
 in the last autumn which requires something like one tenth 
 addition to the ordinary amount created no stringency. The 
 banks have voluntarily withdrawn some millions of their cir 
 culation. It is probable that the amount capable of being 
 absorbed by the business of the country will continue to fall 
 for a long period. 
 
 In such a condition of business, of credit, and of the public 
 When inflation temper, a new issue of currency would not cause 
 
 cannot inflate. a r j ge Q f p r i ce s Unless it Were SO CXCCSSivC as to 
 
 occasion speculative depreciation or distrust of ultimate redemp 
 tion. It could not re-animate the dead corpse of exhausted 
 speculation. A period .of quiescence must ordinarily precede 
 a renewal of the spirit of adventurous enterprise. 
 
 The distress now felt is incident to the continued fall of 
 Distress from values, which is the descending part of the cycle 
 
 falling values and . f -, 
 
 lacking capital. through which they must pass alter being iorced 
 up to an unnatural elevation. The want felt is a want of 
 capital which the party does not own and has not the credit to 
 borrow, not a lack of currency. It is caused by investments 
 in enterprises which have turned out to be wholly or partially 
 
I87S-] FIRST ANNUAL MESSAGE. 59 
 
 bad, or which give slower returns than were anticipated ; by too 
 much conversion of circulating capital into fixed capital; by 
 excessive undertakings or engagements, induced by a reliance 
 on a credit that was transient. In a period of falling prices, 
 good property becomes less convertible ; it loses its circulatory 
 quality ; it almost ceases to be a resource to obtain money. 
 
 These inconveniences would not be removed if the Govern 
 ment should put out legal tenders and take in a How ^stress 
 corresponding amount of bonds, or if a bank cannot be cured. 
 should deposit bonds and receive notes in exchange. Still the 
 individual distressed for the want of capital would have no 
 additional means to buy or borrow these new issues, which the 
 new owner would obtain only by paying for them. A diminu 
 tion of the Government bonds outstanding is a condition of the 
 increase of legal tenders or bank-notes. If an embarrassed 
 person could obtain the Government bonds surrendered or de 
 posited, he would be as much relieved by his power to dispose 
 of them as he would by a power to dispose of the legal tenders 
 or bank-notes. His difficulty is that he is equally unable to 
 obtain either ; he has not the means to buy or the credit to 
 borrow them. What he wants is something to make his 
 bad investments good, his slow investments current ; some 
 thing to make his property convertible, to impart to it a cir 
 culating quality, as when there is a general rise of values 
 under a speculative excitement, and everybody is disposed 
 to buy, and everything finds a ready market. He wants 
 something to create in others a disposition to buy, in order 
 that he may be able to sell. This is what, in increase of cur- 
 
 rencv cannot cure 
 
 the present state of things, an increase of the distress. 
 currency will not do. It would not act mechanically on prices. 
 It does not operate by physical means. It simply influ 
 ences the minds of men. It induces them to buy, and, in the 
 effort to do so, they bid up prices. It is only when the 
 minds of men are disposed to receive an impulse toward buy 
 ing, that such an effect is produced. When speculators go into 
 the market to influence others to buy, in order that they may 
 
60 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 sell, the conference usually ends in a fall. Even when specula 
 tors go into the market to sell on an event expected to cause 
 a rise, the result is commonly a fall. Everybody cannot get 
 out at once at the expense of others. 
 
 The amount of currency required by the needs of business 
 Chan in" forms * s n0 ^ ^ ^ e Decided by former experience. There 
 and varying voi- fa no doubt that on the first issue of legal ten- 
 
 ume of circulatory 
 
 credits. <j ers they were largely substituted for other 
 
 forms of credit. A single case will illustrate. The sudden rise 
 in prices enabled the farmer to become the owner of the float 
 ing capital on which his next year s dealings with the country 
 merchants were to be carried on. The habits of business 
 change to adapt themselves to new conditions. It is possible 
 that the Government might cautiously follow the tendencies 
 of trade, and retire each clearly ascertained surplus, without 
 doing any harm ; but a withdrawal of any considerable por 
 tion of the amount required at the season of the year which 
 creates the largest demand would produce serious and un 
 necessary distress. The adoption of a system which should 
 threaten such a result would be very mischievous. The Fed 
 eral Government is bound to redeem every portion of its issues 
 which the public do not wish to use. Having assumed to 
 monopolize the supply of currency and enacted exclusions 
 against everybody else, it is bound to furnish all which the wants 
 of business require. The case is as if the Government should 
 undertake to monopolize the supply of lake-propellers or canal- 
 boats to bring grain to market. If it should not furnish 
 enough, the derangement of business and the distress of pro 
 ducers and consumers would be intolerable. While securing 
 redemption, the Government should organize a system which 
 passively allows the volume of circulating credits to ebb and 
 flow according to the ever-changing wants of business ; it 
 should imitate as closely as possible the natural laws of trade 
 which it had superseded by artificial contrivances. 
 
 The ability of the Federal Government to resume specie pay 
 ments is thus simply a question of its command of resources 
 
,8 7 S.] FIRST ANNUAL MESSAGE. 61 
 
 to pay such portions of the circulating credits it has issued 
 as the public, not wishing to use, may return Easy conditions 
 
 * . of resuming specie 
 
 upon it for redemption. The amount to be paid payments, 
 cannot be considered large, in comparison with its financial 
 operations. It has the taxing power, and by reducing its 
 expenditure could accumulate an adequate surplus. It has 
 the borrowing power and good credit. It can make permanent 
 loans and pay the Treasury notes which are returned for 
 redemption ; it can convert them or fund them into interest- 
 bearing securities. In that case they would cease to be 
 currency, and would take their place among investments 
 like national. State, municipal, railroad, or other corporate 
 bonds, or any of the numerous forms of moneyed securities, of 
 which many thousand millions are held in our country. The cir 
 culatory quality, in securities of equal general credit, is chiefly 
 a question of the rate of interest they bear. The amount of 
 coin necessary for resumption is, first, an adequate reserve to 
 meet the demand for exportation, for which the Treasury would 
 become the universal reservoir ; and second, a surplus sufficient 
 fully to assure the people that the Treasury supply would not 
 be exhausted. The power to command coin as the owner of 
 foreign bills of exchange, or in other forms, would to a large 
 extent be equivalent to possessing coin. Beyond such an 
 amount of coin, the question is simply a question of capital. 
 
 The exact time of actual resumption, the process, the spe 
 cific measures, the discreet preparations, these are business 
 questions to be dealt with in view of the state of trade and of 
 credit operations in our own country, the course of foreign 
 commerce and the condition of the exchanges with other 
 nations, the currents of the precious metals, and the stocks 
 from which a supply would flow without undue disturbance of 
 the markets of other countries. These are matters of detail, 
 to be studied on the facts and figures ; they belong to the 
 domain of practical administrative statesmanship. 
 
 It is quite clear that the problem ought to be worked out 
 without costing the country anything like such disturbance 
 
62 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 in its business and industries as the operations of the Federal 
 Resumption less Government during the last ten years have 
 
 costly than pre- 
 
 sent impolicy. repeatedly created. Ihe natural causes which 
 affect trade may be foreseen, and all dealers can calculate 
 them with equal advantages in everything except their own 
 differences in intelligence and judgment. But the action of 
 an official, conducting the largest financial operations in the 
 country, and exercising dominion over the circulatory credits 
 that are part of the machinery by which the mass of private 
 transactions are carried on, cannot but tend to create in all 
 industries uncertainty, confusion, and miscalculation. 
 
 It was said, after the revulsion of 1837, that the barometer 
 HOW present im- of the money market of America was hanging in 
 an businessmen, the parlor of the Bank of England. The baro 
 meter which hangs in the Treasury Department at Washington 
 does not merely indicate conditions and changes of the finan 
 cial atmosphere, it also creates them. Its stormy vicissitudes 
 harass the business of the whole country. 
 
 The partial cessation of productive industries and the partial 
 want of employment which now exist are chiefly produced by 
 the fear of the employers that if they carry on their works they 
 may produce at a loss. The abstinence from purchase by all 
 those classes of dealers who buy and get up stocks to provide 
 for future consumption is chiefly caused by the fear of a fur 
 ther decline of prices. Under these apprehensions, the demand 
 is much less than the ordinary consumption. The instant 
 manufacturers or merchants are convinced that prices have 
 reached the bottom, even for the period of an ordinary busi 
 ness operation, they will begin to resume their function in the 
 economy of trade ; the wheels of our complex industries will 
 move, workmen will find employment, and, with revived confi 
 dence in the future, prosperity will be renewed in its sources. 
 Nothing could be more unwise, more mischievous in its ulti 
 mate results, than to interrupt the healing process of Nature by 
 expedients which will fail of affording any real relief, and will 
 be certain to accumulate new materials for another catastrophe. 
 
,8 7 5.] FIRST ANNUAL MESSAGE. 63 
 
 It has seemed to me fit that on this occasion the opinions 
 of the great commonwealth we represent, which is so largely 
 interested in these questions, should be declared on the side 
 of sound finance, public integrity, and -national honor ; and 
 in making this communication the medium of an authentic 
 expression on the subject, I follow the example on similar 
 occasions of several of the most illustrious of my prede 
 cessors. 
 
 It is now almost ten years since the civil war ceased. That 
 period ought to have sufficed to renew our pro- R esu i ts during ten 
 ductive industries, to repair the wastes of our years of peace. 
 accumulated capital, and to restore to our people a sound and 
 durable prosperity ; but an indispensable condition of such 
 results was energy, skill, and economy in production, and 
 frugality in public and private consumption. 
 
 The Federal Government has all the while been the greatest 
 single power in the country to influence results, Misused powers of 
 
 . Federal Govern- 
 
 not only by its own vast fiscal operations, its ment. 
 dominion over the currency and the business of banking, and 
 the effect of its transactions on investments of capital and 
 on the temporary conditions of the money market, but also by 
 the ascendency it acquired during a period of public danger 
 over public opinion and over the conduct of individuals. It 
 is to be deplored that this great capacity for controlling action 
 and for leadership has not conducted us to better results. 
 The period has been characterized by unsound public finance ; 
 an uncertain policy in respect to the currency ; a series of 
 speculative excitements tending to unproductive enterprises 
 and unremunerative investments of capital, and terminating in 
 distressing reactions in credit and business ; a want of effi 
 ciency and economy in production ; extravagance in public and 
 private expenditure ; enormous taxation and complicated sys 
 tems of revenue which have increased the cost and wasted 
 the fruits of that taxation, and rendered capital and labor 
 less productive ; and frequent spoliation of private and public 
 trusts. 
 
64 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 In the decade beginning July 1, 1865, the people will have 
 Governments too P aid in taxes > computed in currency, seven thou- 
 costl v - sand millions of dollars. Three fifths were for 
 
 the use of the Federal Government, and two fifths for the State 
 and municipal governments. It is doubtless true that some 
 portions of the municipal expenditures were for objects not 
 strictly governmental ; but it cannot be questioned that much 
 too large a portion of the whole net earnings of industry and 
 of the whole net income of society is taken for the purpose of 
 carrying on government in this country. The burden could 
 more easily be borne when values were high and were ascend 
 ing. As they recede toward their former level, the taxes con 
 sume a larger quantity of the products which have to be sold 
 in order to pay them ; they weigh with a constantly increasing 
 severity upon all business and upon -all classes ; they shrivel 
 up more and more the earnings of labor. This condition of 
 things ought to admonish us in our respective spheres to be as 
 abstinent as possible in appropriations for public expenditures. 
 If the cost of government in our country were reduced, as it 
 ought to be, one- third, it would still be larger than a few years 
 ago, taking account of the prices of the products which, in order 
 to pay that cost, we are compelled to convert into money. 
 
 The people are less able to bear such taxation by reason of 
 Taxation too tne want ^ efficiency and economy in produc- 
 Th^prostl- atio^ ti n and tne want f frugality in consumption, 
 of the South. generated by the causes already indicated, and 
 also by reason of the failure completely to renew the produc 
 tive energies and activities of the States of the South, which 
 furnish about half of the exportable commodities of the coun 
 try other than specie, which are large consumers of our 
 manufactures and productions, and which make us their car 
 riers, merchants, and bankers in all their domestic and foreign 
 transactions. 
 
 It has been proudly ascribed to the humanity of our age 
 that, since the surrender at Appomattox, not one life has been 
 sacrificed to the policy of the victorious Government. It is to 
 
i875-] FIRST ANNUAL MESSAGE. 65 
 
 be wished that we were equally free from the criticism that the 
 retribution visited upon our former adversaries merely con 
 forms to the higher modern estimate of property, as compared 
 with life ; that, exercising a moral coercion invigorated by a 
 standing menace of military force, we have held those commu 
 nities bound in withes, to be plundered by rulers destitute of 
 support in their public qpinion, and without title to our own 
 respect or trust. 
 
 Such has been our course, after and in spite of the fact that 
 these our kindred in a common ancestry, a com- pj na i acceptance 
 mon heritage, and a common future, had joined o Fede"a"con S - 
 at national conventions in the nomination of 
 candidates and in the declaration of principles and purposes 
 which form an authentic acceptance of the results of the war 
 embodied in the last three amendments to the organic law of 
 the Federal Union, and that they had, by the suffrages of all 
 their voters at the last national election, completed the proof 
 that now they only seek to share with us and to maintain the 
 common rights of American local self-government in a fraternal 
 union under the old flag with "one Constitution and one destiny." 
 There should be no misunderstanding as to this position of our 
 Southern brethren, or of any portion of our fellow-citizens. The 
 questions settled by the war are never to be reopened. 
 
 The adoption of the Thirteenth, Fourteenth, and Fifteenth 
 Amendments to the Federal Constitution closed one great era 
 in our politics ; it marked the end forever of the system of 
 human slavery and of the struggles that grew out of that sys 
 tem. These amendments have been conclusively adopted, and 
 they have been accepted in good faith by all political organiza 
 tions and the people of all sections. They close the chapter ; 
 they are and must be final ; all parties hereafter must accept 
 and stand upon them ; and henceforth our politics are to turn 
 upon questions of the present and the future, not upon those of 
 the settled and final past. 
 
 The nobler motives of humanity concur with our interests 
 in making us hail with heartfelt congratulations a real and 
 
66 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 durable peace between populations unnaturally estranged. 
 The people must The time is ripe to discard all memories of 
 
 again attend to 
 
 public affairs. buried strifes, except as a warning against their 
 renewal ; to join all together to build anew the solid founda 
 tions of American self-government. For nearly a generation 
 the controversies which led to fratricidal conflict have drawn 
 away the attention of the people from the questions of adminis 
 tration, which involve every interest and duty of good govern 
 ment. The culture, the training, and the practice of our people 
 in the ordinary conduct of public affairs have been falling into 
 disuse. Meanwhile the primitive simplicity of institutions and 
 of society in which government was little felt and could be 
 neglected with comparative impunity, has been passing away. 
 If public necessities must wring so much from the earnings of 
 individuals, taxation must become scientific. In our new con 
 dition all the problems of administration have become more 
 difficult. They call for more intellect and more knowledge of 
 the experience of other countries. They need to become the 
 engrossing theme of the public thought in the discussions of 
 the Press and in the competition of parties, which is the process 
 of free institutions. The people must once more give their 
 minds to questions that concern the ordinary conduct of gov 
 ernment, if they would have our country to start afresh in a 
 career of prosperity and renown. 
 
1875.] FIRST ANNUAL MESSAGE. 67 
 
 NOTE. 
 
 On the first day of October last, eighty-one banks were doing 
 business under the laws of this State. During the 
 fiscal year then ended, five banks were organized, 
 and four were closed, one of which failed. Of the five banks 
 created, three were organized, with less than 8100,000 of capital 
 each, under Chapter 126 of the Laws of 1874. 
 
 Circulating notes to the amount of 86,368 were destroyed 
 by the Bank Department during the year. Sixty-seven banks 
 were credited with lost circulation to the amount, in all, of 
 8285,559, the time for redeeming the same after the usual legal 
 notice having expired. The amount of circulation outstand 
 ing, including that of incorporated banks, banking associa 
 tions, and individual bankers, was, on the 1st of October last, 
 81,105,189.50. Of this amount, the sum of 8367,438 was 
 secured by deposits of cash, stocks, or bonds and mortgages. 
 The residue, 8737,751.50, is not secured, it having been issued 
 prior to the passage of the general banking law. Steps have 
 been taken by twelve banks for the fiscal redemption of 
 8160,301 of these unsecured notes, in accordance with the 
 provisions of Chapter 585 of the Laws of 1873. 
 
 One hundred and fifty-six savings-banks (two of which were 
 closing) were reported to the Bank Department 
 
 Savings-banks. 
 
 on the first day of July last. Their assets, in 
 the aggregate, amounted to 8316,122,790, having increased 
 during the year then ended 81,367,020. The increase in assets 
 during the first six months of 1874 was 88,533,060. The 
 number of persons having deposits in these institutions was, 
 according to the number of open accounts Jan. 1, 1874, 
 839,472, being an increase of 16,830 during the year. 
 
 On the first day of July last, twelve trust, loan, and indem 
 nity companies reported to the Bank Depart- Trust, loan, and 
 ment, under Chapter 324 of the Laws of 1874. panics. 
 The aggregate of capital paid in, as shown by their reports, 
 
68 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 was 811,752,040, and the amount due to their depositors was 
 $38,479,764. 
 
 The number of insurance companies subject to the super- 
 insurance Depart- vision of the Insurance Department, on the first 
 ment - day of December, 1874, was 282, as follows : 
 
 New York joint stock fire insurance companies . . . 102 
 
 New York mutual fire insurance companies .... 8 
 
 New York marine insurance companies 9 
 
 New York life insurance companies 26 
 
 New York Plate Glass Insurance Company 1 
 
 Fire insurance companies of other States 87 
 
 Marine insurance companies of other States .... 1 
 
 Life insurance companies of other States 27 
 
 Casualty insurance companies of other States .... 4 
 
 Canadian fire insurance companies 3 
 
 Foreign fire insurance companies 11 
 
 Foreign marine insurance companies 3 
 
 Total 282 
 
 The total amount of stocks and mortgages held by the In 
 surance Department for the protection of policy-holders of 
 life and casualty insurance companies of this State, and of 
 foreign insurance companies doing business within it, was 
 810,404,593, as follows : - 
 
 For protection of policy-holders generally, in 
 
 life insurance companies of this State . . . $3,689,891.00 
 
 For protection of registered policy-holders ex 
 clusively 3,250,842.00 
 
 For protection of casualty policy-holders exclu 
 sively 1,000.00 
 
 For protection of plate-glass policy-holders ex 
 clusively 50,000.00 
 
 For protection of fire policy-holders in insur 
 ance companies of other States 40,000.00 
 
 For protection of fire policy-holders in insur 
 ance companies of Canada 600,120.00 
 
 For protection of fire policy-holders in foreign 
 
 insurance companies 2,473,100.00 
 
 For protection of life policy-holders in foreign 
 
 insurance companies 300,000.00 
 
 Total deposit $10,404,953.00 
 
i8 7 S-] FIRST ANNUAL MESSAGE. 69 
 
 During the past year fifty-seven vessels arrived at the port 
 of New York in which, during the passage or 
 
 . Quarantine. 
 
 while in port, sickness had occurred, rendering 
 them subject to quarantine detention. Eight vessels had eleven 
 cases of small-pox on board, from which 3,228 persons had been 
 exposed to the disease ; 121 cases of yellow fever occurred on 
 44 vessels bound for New York, and twelve patients with this 
 disease reached the port and were cared for at the Dix Island 
 Hospital, of whom two died ; and five cases of ship-fever were 
 removed by the health-officer to the hospital. No cases of 
 cholera occurred in the port ; but several vessels arrived from 
 ports infected with this disease, on three of which, coming from 
 India, deaths from cholera occurred during the passage. No 
 new disease called for any action by the health-officer. 
 
 During the year an epidemic of malignant yellow fever raged 
 in Havana with unprecedented violence, and prevailed in Rio do 
 Janeiro and in twelve other South American and West Indian 
 ports, and also in Pensacola and some other Southern ports of 
 the United States having extensive and direct communication 
 with New York. In Havana the deaths from yellow fever 
 reached the enormous ratio of 80 per cent of the persons 
 attacked ; and in some cases, vessels lying in that harbor dur 
 ing the summer lost all their crews except one or two. It is 
 worthy of notice that while in previous years nearly nine tenths 
 of all cases of yellow fever came from the port of Havana, so 
 small a number reached here during the present year. This 
 result, in the opinion of the health-officer, is largely due to the 
 sanitary precautions taken by the officers of the vessels, most 
 of whom, being connected with regular lines, are becoming fa 
 miliar with the quarantine regulations of the port and with the 
 rigid, though reasonable, restrictions to which vessels having per 
 sons suffering from infectious diseases on board are subjected. 
 
 During the quarantine season 1,135 vessels arrived at quar 
 antine from suspected ports ; of these 236 were from ports 
 known to be infected, and were detained, and 68 were re 
 quired to discharge their cargoes on lighters in the stream 
 before going to the city. 
 
70 
 
 T1IE WORKS OF SAMUEL J. TILDE N. 
 
 [1875- 
 
 The following table shows the statistics of emigration for 
 Emigration. the last fifteen years : 
 
 
 
 
 
 
 
 
 Amount paid 
 
 
 
 
 Number 
 _f iii.,-,: 
 
 
 
 Amount paid 
 
 to Counties 
 
 
 Com 
 
 
 or i^nii* 
 
 
 
 for Real Estate 
 
 and Institu 
 
 Years. 
 
 muta 
 tion 
 
 Aliens 
 arrived. 
 
 grants 
 cared for 
 
 Total cash 
 receipts. 
 
 Total cash 
 disbursements. 
 
 and Buildings, 
 included in 
 
 tions of the 
 State, includ 
 
 
 Fee. 
 
 
 W., ,. i* ^ 
 
 
 
 total cash dis 
 
 ed in total 
 
 
 
 
 artl 8 
 Island. 
 
 
 
 bursements. 
 
 cash disburse 
 ments. 
 
 1860 
 
 $2.00 
 
 105 162 
 
 4,729 
 
 $289,467.92 
 
 $217,717.53 
 
 
 $58,869.08 
 
 1861 
 
 
 65^529 
 
 5^079 
 
 175, 434.56 
 
 178 401.77 
 
 
 
 19 855. 93 
 
 1862 
 
 (t 
 
 76,306 
 
 3,247 
 
 174,454.29 
 
 138,524.56 
 
 
 16,016.06 
 
 1863 
 
 K 
 
 156*844 
 
 4,911 
 
 341,027.00 
 
 168,155.71 
 
 
 15,792.22 
 
 1864 
 
 
 
 182^916 
 
 7*363 
 
 420,366.17 
 
 373,763.39 
 
 $132,450.00 
 
 19,349.71 
 
 1865 
 
 " 
 
 196,352 
 
 7,425 
 
 471,034.85 
 
 447,580.20 
 
 199,559.67 
 
 14,320.74 
 
 1866 
 
 " 
 
 233,418 
 
 10,306 
 
 532,048.20 
 
 545,983.21 
 
 193,937.06 
 
 52,940.24 
 
 1867 
 
 2.50 
 
 242,731 
 
 13,237 
 
 583,154.40 
 
 538,577.22 
 
 133,695.17 
 
 33,945.87 
 
 1868 
 
 " 
 
 213,686 
 
 14,250 
 
 577,349.36 
 
 662,958.12 
 
 125,769.74 
 
 1101,737.20 
 
 1869 
 
 
 
 258,989 
 
 13,911 
 
 695,499.59 
 
 606,158.58 
 
 96,852.13 
 
 48,846.66 
 
 1870 
 
 " 
 
 212,170 
 
 16,601 
 
 566,119.26 
 
 605,544.24 
 
 54,784.98 
 
 51,681.15 
 
 1871 
 
 1.50 
 
 229,639 
 
 14,389 
 
 421,957.40 
 
 605,904.17 
 
 96,419.47 
 
 39,829.58 
 
 1872 
 
 
 
 294,581 
 
 15,818 
 
 457,011.70 
 
 590,793.78 
 
 129,765.07 
 
 51,556.81 
 
 1873 
 
 
 
 266,818 
 
 12,942 
 
 415,063.28 
 
 466,108.22 
 
 61,188.46 
 
 32,678.24 
 
 *1874 
 
 ; 
 
 135,323 
 
 6,300 
 
 214,631.34 
 
 299,035.14 
 
 22,129.45 
 
 
 
 Totals 
 
 
 2,870,464 
 
 150,488 
 
 $6,334,619.32 
 
 $6,445,205.84 
 
 $1,246,551.20 
 
 $557,419.49 
 
 The indebtedness of the Board is as follows : 
 
 Due the Equitable Life Assurance Society, amount 
 borrowed on bond and mortgage of the lands at 
 Ward s Island $100,000.00 
 
 Due tine counties and charitable institutions of the 
 State for the care and support of emigrants during 
 the past one and one half years 75,000.00 
 
 Due for current expenses at Castle Garden .... 16,000.00 
 
 Estimated expenses of the Castle Gar 
 den and Ward s Island establish 
 ments, for the month of December, 
 including $10,000 due for coal . . . $30,000.00 
 
 Less cash on hand and estimated re 
 ceipts 20,000.00 
 
 10,000.00 
 
 Total estimated indebtedness Dec. 31, 1874 
 
 $201,000.00 
 
 * For eleven months. 
 
 t This sum included back claims. 
 
,8 7S .] FIRST ANNUAL MESSAGE. 71 
 
 The number of emigrants at present cared for at Castle 
 Garden and Ward s Island is 1,041, and in the counties about 
 nine hundred. During the months of January and February, 
 the number to be cared for at Ward s Island will increase to 
 about two thousand and in the counties to more than twelve 
 hundred. On the 1st of January next the commissioners will 
 practically be without funds to care for these persons. The 
 expenses of the Ward s Island and Castle Garden institutions 
 will, during the months of January and February, be about 
 $25,000 per month, while the receipts will not exceed 15,000 
 per month. 
 
 The statistics of the common schools for the 
 
 Common schools. 
 
 year ending Sept. 30, 1874, are as follows : 
 
 Total receipts, including balance on hand Sep 
 tember 30, 1873 $11,944,023.38 
 
 Total expenditures 10,779,779.61 
 
 Amount paid for teachers wages 7,559,090.59 
 
 Amount paid for school-houses, repairs, furni 
 ture, etc 1,721,282.64 
 
 Estimated value of school-houses and sites . . . 28,714,738.00 
 
 Total number of school-houses 11,775 
 
 ^Number of school districts, exclusive of cities . . 11,299 
 " " teachers employed at the same time for 
 
 the full legal term of school .... 18,554 
 " " teachers employed during any portion of 
 
 the year 29,683 
 
 " " children attending Public Schools . . 1,039,097 
 
 " " persons attending Xormal Schools . . 6,568 
 
 " " children of school age in Private Schools 138,610 
 
 " " volumes in School District Libraries . 835,882 
 " " persons in the State between 5 and 21 
 
 years of age 1,591,874 
 
 The condition of the colleges and academies, subject to the 
 visitation of the Regents of the University, is colleges and 
 very satisfactory. There are within the State academies - 
 twenty-two literary colleges, ten medical colleges, and two 
 hundred and forty academies and academical departments of 
 
72 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 union schools. With several of the colleges included in this 
 enumeration are connected special schools of law, of medicine, 
 and of other branches of science. By the wise liberality of 
 individual citizens, the endowments and appliances of several 
 of these institutions have during the last year been largely 
 increased and their means of usefulness greatly extended. The 
 number of scholars in attendance upon the academies has in 
 creased, and the standard of scholarship has upon the whole 
 considerably advanced. These institutions, while they prepare 
 students for admission to the colleges, are also designed to fit 
 another class for immediate entrance upon the practical duties 
 of life; and thus complementing the work of the common 
 schools, form an important part of the educational institutions 
 of the State. 
 
 The State Library, in both its departments, has been enlarged 
 State Library and ^7 ^ ne application of all the means at the dis 
 posal of the trustees. In the extent and value 
 of its contents, it is a source of just pride to the people of the 
 State. The Law Library numbers about twenty-six thousand 
 volumes, and the General Library about sixty-eight thousand, 
 including many rare and valuable works. The State Museum 
 of Natural History, under the management of its able curator, 
 Professor Hall, is reported to be In excellent condition, and 
 exhibits the productions of the State in a manner to afford 
 to the student of natural science most valuable aid in his 
 studies. 
 
 The National Guard consists of eight divisions, containing 
 The National nineteen brigades, composed of one regiment and 
 nine separate troops of cavalry, one battalion and 
 ten batteries of artillery, thirty regiments and thirteen bat 
 talions of infantry. Total officers, non-commissioned officers, 
 musicians, and privates (three brigades estimated), 20,532. 
 
 The last Legislature made an additional appropriation of a 
 
 Soldiers of war of hundred thousand dollars for redeeming certain 
 
 certificates issued to soldiers of the war of 1812. 
 
 The former appropriation paid on the certificates allowed 
 
1875-1 
 
 FIRST ANNUAL MESSAGE. 
 
 73 
 
 on $100 of principal. The appropriation of 1874 
 paid the balance due on the principal, and $46.72 on $100 of 
 interest. 
 
 On the first day of January, 1874, the unsettled balance in 
 favor of the State was $1,209,286.11. Since that War claims 
 time another instalment of over $34,000 has been Eed States. 
 presented to the Treasury Department. In the unsettled balance 
 above stated is included a claim for $131,188.02, interest on 
 comptroller s bonds, which cannot be paid without legislative 
 action. 
 
 The quantity of salt from the Onondaga Salt Springs in 
 spected during the last fiscal year was 6,594,191 
 bushels, less by 1,364,981 bushels than the pro 
 duction of the preceding year. The net revenue from this 
 source was $10,341.67, showing a falling off, as compared with 
 the preceding year, of $11,424.08. 
 
 The following statement shows the expenditures and earnings 
 of each of the prisons for the year ending Sept. 
 30,1874: 
 
 Salt springs. 
 
 State prisons. 
 
 
 Advances from 
 the Treasury. 
 
 Received from 
 Earnings. 
 
 Excess of 
 Ependitures. 
 
 Auburn . ... 
 
 $233 166.90 
 
 $101 910.40 
 
 $131 ^56.50 
 
 Clinton 
 
 337 674 I 9 
 
 153 473 60 
 
 184 204 52 
 
 
 360,054.58 
 
 124,009.43 
 
 236,045.15 
 
 Miscellaneous ^ 
 
 
 
 37 031.25 
 
 
 
 
 
 
 $930,899.60 
 
 $379,393.43 
 
 $588,537.42 
 
 In 1867 the excess of advances from the Treasury 
 
 over receipts from earnings was $366,874.79 
 
 In 1868 it was 512,547.74 
 
 In 1869 it was 595,774.45 
 
 In 1870 it was 461,304.99 
 
 In 1871 it was 470,309.23 
 
 1 Miscellaneous Expenditures, not distributed, including $26,231.25 for trans 
 portation of convicts. 
 
74 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 In 1872 it was $465,881.84 
 
 In 1873 it was 597,289.06 
 
 In 1874 it was 588,537.42 
 
 The number of convicts in each of the prisons, Sept. 30, 1874, 
 was as follows : 
 
 Auburn 1,202 
 
 Clinton 552 
 
 Sing Sing 1,306 
 
 3,060 
 Total, Sept. 30, 1873 3,025 
 
XXXY. 
 
 SOME four months prior to the convening of the New York 
 Legislature in 1875 a body of United States soldiers, in pur 
 suance of orders from General Sheridan, entered the Legislature 
 of Louisiana while that body was in session and removed from 
 it five of its members, under the pretext that they had been 
 illegally seated, and that in some undefined contingency 
 violence might result from their remaining there. The first 
 impulse to this outrage upon the sovereignty of Louisiana was 
 given by the following letter from Governor Ames of Mississippi 
 and the accompanying documents, written shortly before the 
 then impending State election. 
 
 JACKSON, Miss., Sept. 8, 1875 (5.30 P.M.). 
 To President U. S. Grant, Washington, D. C. : 
 
 Domestic violence prevails in various parts of this State beyond 
 the power of the State authorities to suppress. The Legislature 
 cabinet be convened in time to meet the emergency. I therefore, 
 in accordance with Section 4, Article IV. of the Constitution of 
 the United States, which provides that the United States shall 
 guarantee to every State in this Union a republican form of 
 government, and shall protect each of them against invasion, and 
 on application of the Legislature, or of the Executive when the 
 Legislature cannot be convened, against domestic violence, make 
 this my application for such aid from the Federal Government as 
 may be necessary to restore peace to the State and protect its 
 citizens. 
 
 ADELBERT AMES, Governor. 
 
 Governor Ames, having been asked for further information, 
 made reply under date of September 11, in which he said : 
 
76 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 " The necessity which called forth my despatch of the 8th instant 
 to the President still exists. Your question of yesterday asks for 
 information, which I gladly give. The violence is incident to a 
 political contest preceding the pending election. Unfortunately, 
 the question of race, which has been prominent in the South since 
 the war, has assumed magnified importance at this time in certain 
 localities. In. fact the race-feeling is so intense that protection 
 for the colored people by white organizations is despaired of. 
 A political contest made on the white line forbids it." 
 
 On September 14 Attorney-General Pierrepont sent the 
 following letter to Governor Ames : 
 
 DEPARTMENT OF JUSTICE, WASHINGTON, D. C., Sept. 14, 1875. 
 To Governor Ames, Jackson, Miss. : 
 
 This hour I have had despatches from the President. I can 
 best convey to you his ideas by extracts from his despatches : 
 
 "The whole public are tired out with these annual autumnal 
 outbreaks in the South, and the great majority are ready now to 
 condemn any interference on the part of the Government. I 
 heartily wish that peace and good order may be restored without 
 issuing the proclamation ; but if it is not, the proclamation must 
 be issued. But if it is, I shall instruct the commander of the 
 forces to have no child s play. If there is a necessity for military 
 interference, there is justice in such interference, to deter evil-doers. 
 I would suggest the sending of a despatch or letter, by means of a 
 private messenger, to Governor Ames, urging him to strengthen 
 his own position by exhausting his own resources in restoring 
 order before he receives Government aid. He might accept the 
 assistance offered by the citizens of Jackson and elsewhere. 
 Governor Ames and his advisers may be made perfectly secure ; as 
 many of the troops now in Mississippi as he deems necessary may 
 be sent to Jackson. If he is betrayed by those who offer assis 
 tance, he will be in a position to defeat their ends and punish 
 them." 
 
 You see by this the mind of the President, with which I and 
 every member of the Cabinet who has been consulted are in full 
 accord. You see the difficulties, you see the responsibilities which 
 you assume. We cannot understand why you do not strengthen 
 yourself in the way the President suggests, nor do we see why 
 you do not call the Legislature together and obtain from them 
 whatever power and money and arms you need. The Constitu 
 tion is explicit that the Executive of the State can call upon the 
 
1875-1 THE VIOLATED SOVEREIGNTY OF LOUISIANA. 77 
 
 President for aid in suppressing domestic violence only when the 
 Legislature cannot be convened ; and the law expressly says : " In 
 case of an insurrection in any State against the government 
 thereof, it shall be lawful for the President, on application of the 
 Legislature of said State, or of the Executive when the Legislature 
 cannot be convened," etc. It is plain that the meaning of the 
 Constitution and laws when taken together is that the Executive 
 of a State may call upon the President for military aid to quell 
 domestic violence only in case of an insurrection in any State 
 against the government thereof when the Legislature cannot be 
 called together. 
 
 You make no suggestions even that. there is any insurrection 
 against the government of the State, or that the Legislature would 
 not support you in any measures you might propose to preserve 
 the public order. I suggest that you take all lawful means and 
 all needed measures to preserve the peace by the forces in your 
 own State, and let the country see that the citizens of Mississippi, 
 who are largely favorable to good order, and who are largely 
 Republican, have the courage and the manhood to fight for their 
 rights, and to destroy the bloody ruffians who murder the innocent 
 and unoffending freedmen. Everything is in readiness. Be care 
 ful to bring yourself strictly within the Constitution and the laws ; 
 and if there is such resistance to your State authorities as you 
 cannot by all the means at your command suppress, the President 
 will quickly aid you in crushing these lawless traitors to human 
 rights. 
 
 Telegraph me on receipt of this, and state explicitly what you 
 need. 
 
 Very respectfully yours, 
 
 EDWARDS PIERREPONT. 
 
 The election took place on the 2d of November, and resulted 
 in a general defeat of the Republicans. The total vote for 
 State treasurer was 162,751, of which Hemenway received 
 96,596, and Buchanan 66,155, making the majority of the 
 former 30,441. Six members of Congress were chosen at the 
 same time. In the first district L. Q. C. Lamar, Democrat, 
 was elected without opposition ; in the second, G. Wiley Wells, 
 Democrat, received 19,250 to 13,149 for A. R. Howe, Repub 
 lican ; in the third, H. D. Money, Democrat, received 13,774, 
 to 5,883 for R. C. Powers, and 5,114 for F. H. Little ; in the 
 fourth, 0. R. Singleton, Democrat, received 19,890 to 9,914 
 
78 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 for Jason Niles ; in the fifth, Charles E. Hooker, Democrat, 
 received 16,539 to 10,653 for James Hill ; and in the sixth, 
 John R. Lynch, Republican, was elected, receiving 13,741 
 votes to 13,510 for Roderick Seal. The Legislature, elected at 
 the same time, consisted of twenty-six Democrats and eleven 
 Republicans in the Senate, and ninety-seven Democrats and 
 twenty Republicans in the House, making the Democratic 
 majority fifteen in the Senate and seventy-seven in the House, 
 or ninety-two on a joint ballot. 
 
 Regarding the result of the election, Senator H. R. Revels, 
 colored, wrote to the President as follows : 
 
 " Since the reconstruction, the masses of my people have been, 
 as it were, enslaved in mind by unprincipled adventurers, who, 
 caring nothing for the country, were willing to stoop to anything, 
 no matter how infamous, to secure power to themselves and per 
 petuate it. My people are naturally Republicans ; but as they grow 
 older in freedom, so do they in wisdom. A great portion of them 
 have learned that they were being used as mere tools ; and, as in 
 the late election, not being able to correct the existing evil among 
 themselves, they determined, by casting their ballots against these 
 unprincipled adventurers, to overthrow them. My people have 
 been told by these schemers, when men were placed upon the 
 ticket who were notoriously corrupt and dishonest, that they must 
 vote for them ; that the salvation of the party depended upon it ; 
 that the man who scratched a ticket was not a Republican. This 
 is only one of the many means these malignant demagogues have 
 devised to perpetuate the intellectual bondage of my people. To 
 defeat this policy, at the late election men, irrespective of race or 
 party affiliation, united and voted together against men known to 
 be incompetent and dishonest. I cannot recognize, nor do the 
 masses of my people who read recognize, the majority of the offi 
 cials who have been in power for the last two years as Republi 
 cans. We do not believe that Republicanism means corruption, 
 theft, and embezzlement. These three offences have been preva 
 lent among a great portion of our office-holders ; to them must be at 
 tributed the defeat of the Republican party in the State, if clef eat 
 there was ; but I, with all the lights before me, look upon it as an 
 uprising of the people, the whole people, to crush out corrupt rings 
 and men from power. The bitterness and hate created by the late 
 civil strife have, in my opinion, been obliterated in this State, ex 
 cept, perhaps, in some localities, and would have long since been 
 entirely effaced, were it not for some unprincipled men who would 
 
1875.] THE VIOLATED SOVEREIGNTY OF LOUISIANA. 79 
 
 keep alive the bitterness of the past and inculcate a hatred be 
 tween the races, in order that they may aggrandize themselves by 
 office and its emoluments to control my people, the effect of which 
 is to degrade them." 
 
 In defiance of the state of facts and of public opinion indi 
 cated by the election returns and by the statement of Senator 
 Revels, himself a colored man, General Sheridan presumed to 
 order United States soldiery to enter the hall in which the 
 Legislature was sitting ; to determine who were and who were 
 not entitled to participate in its deliberations ; and to remove 
 five of the members of the body from the hall by force to make 
 place for five others whom the Legislature, in the completeness 
 of its authority to determine who were entitled to participate 
 in its deliberations, had solemnly excluded. Governor Tilden 
 chose to treat this outrage upon the sovereignty of Louisiana as 
 an outrage upon every sovereign State of the Union ; and as 
 such he deemed it his duty to lodge his official protest against 
 it in the following Message. It deserves to be noted as an 
 additional motive for his making common cause with Louisi 
 ana in this matter and for inviting the attention of the New 
 York Legislature to a subject lying wholly outside of its juris 
 diction, that the Cabinet at Washington had officially approved 
 of General Sheridan s proceedings. 
 
THE OUTRAGE UPON THE SOVEREIGNTY OF 
 LOUISIANA. 
 
 EXECUTIVE CHAMBER, ALBAS r Jan. 12, 1875. 
 To the Legislature : 
 
 ON your re-assembling I deem it to be my duty to invite your 
 attention to the grave events which have happened in our sister 
 State of Louisiana. The interval of your adjournment has 
 offered you an opportunity to receive the statements of the 
 parties concerned in those occurrences, particularly that of 
 Lieutenant-General Sheridan in his official Report to the Sec 
 retary of War, dated Jan. 8, 1875. You are now enabled to 
 know with certainty all the facts necessary to form a just and 
 deliberate judgment as to the nature of the principal acts which 
 have created so much public excitement. 
 
 According to the official Report of Lieutenant-General Sheri 
 dan, the United States soldiers entered the House of Represen 
 tatives of the State of Louisiana while that body was in session 
 and removed from it five of its members. The pretexts for 
 this act are : First, that it was done under directions from the 
 Governor of the State, recognized by the President. Second, 
 that the persons removed "had been illegally seated," and 
 " had no legal right to be there." Third, that a fear existed 
 in the mind of Lieutcnant-Gcneral Sheridan that in some un 
 defined contingency violence might happen. 
 
 With respect to the first and second of these pretexts, it is a 
 decisive answer that the Louisiana House of Representatives 
 had by the Constitution of that State the exclusive judgment 
 as to the right of these members to seats ; that its judgment 
 
1875.] THE VIOLATED SOVEREIGNTY OF LOUISIANA. 81 
 
 is subject to no review by any judicial authority, still less 
 a review by the Governor or by any officer of the United 
 States army ; and that its judgment in favor of these members 
 thus forcibly removed is binding in law and conclusive upon 
 the Governor and Lieutenant-General Sheridan and upon every 
 other person. In respect to the third pretext, the fear in the 
 mind of Lieutenant-General Sheridan of possible future vio- 
 " lence when no violence really existed, is not only no lawful 
 occasion, but not even an excuse for an invasion of the right 
 of the House of Representatives of Louisiana to judge for itself 
 of the title to seats of its own members. 
 
 Interference by United States soldiers was not only unlaw 
 ful, but it was without the color of legality. It was an act of 
 naked physical force, in violation of the laws and the Constitu 
 tion of Louisiana and of the laws and Constitution of the 
 United States. There is a case of a disputed seat in the Senate 
 of this State now pending ; another was determined at the last 
 session. The transaction in Louisiana is as if, at the instance 
 of the Governor of this State, General Hancock, commanding 
 in this department, or an officer specially deputed by the Presi 
 dent, should send a file of Federal soldiers and remove the 
 incumbent to whom the seat had been adjudged by the Senate. 
 That disorders have formerly existed in Louisiana makes no 
 difference ; for the laws to which the President and Congress 
 are parties recognize the complete restoration of her auton 
 omy. The right of her legislative bodies to determine the title 
 of their members is as perfect and absolute as the right of the 
 Assembly or the Senate of New York. 
 
 The animus of the transaction, as indicated by the corre 
 spondence between Lieutenant-General Sheridan and the Secre 
 tary of War, is infinitely worse than the transaction itself. On 
 the day after the event Lieutenant-General Sheridan sent a 
 despatch proposing that a class of citizens, indefinite in number 
 and description, should be declared, either by act of Congress 
 or by proclamation of the President, to be banditti ; and then 
 indicates his purpose to try them and execute them by military 
 
 VOL. II. 6 
 
B2 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 commission. On the next day General Belknap, the Secretary 
 of War, telegraphed to General Sheridan that " the President 
 and all of us have full confidence in and thoroughly approve 
 your course." 
 
 The nature of the acts thus proposed by the officer second in 
 command of the army of the United States, and thus adopted 
 and sanctioned by the President and his constitutional advisers, 
 is plainly declared by the common law. In the recent case 
 of the Queen vs. Nelson and Brand the present Lord Chief 
 Justice of England, in delivering the charge to the grand jury, 
 declared that, " supposing that there is no jurisdiction at all, 
 that the whole proceeding is coram non judice, that the ju 
 dicial functions are exercised by persons who have no judicial 
 authority or power, and a man s life is taken, that is murder ; 
 for murder is putting a man to death without a justification, 
 or without any of those mitigating circumstances which reduce 
 the crime of murder to one of a lower degree. Thus, in the 
 case put by Lord Coke of a lieutenant having a commission 
 of martial law in times of peace, that, says Lord Coke, is 
 murder." Such are the established doctrines of the jurists 
 and courts of this country and of England. Such is the voice 
 of common law, glorious jurisprudence of freedom, birth 
 right of every American citizen ! Its stern logic declares that 
 such an execution of any human being as was proposed 
 and sanctioned in this correspondence would be murder by 
 our laws, and that every functionary, civil or military, who 
 should instigate it, aid or abet it, or become in any manner a 
 party to it before the fact, would be guilty as a principal in 
 that crime. 
 
 The patriot statesmen who achieved our national indepen 
 dence and formed our institutions of free government fore 
 boded, if we should ever fall into intestine strife, that the ideas 
 it would inspire in military minds of insubordination to the 
 laws and of uncivic ambition, and the habit it would generate 
 in the people of acquiescence in acts of unlawful military vio 
 lence, would imperil, if not destroy, civil liberty. Events com- 
 
1875-1 THE VIOLATED SOVEREIGNTY OF LOUISIANA. 83 
 
 pelled us to a manly choice of confronting these dangers in a 
 struggle to save our country from dismemberment and to vindi 
 cate the just rights of the Federal Union. Having triumphed 
 in that struggle, now forever closed, we are made sensible of 
 the wise foresight of the founders of our freedom in their 
 warning of the opposite dangers which would attend our suc 
 cess. Those dangers come to us in acts of illegal military 
 violence committed in times of peace ; in the usurpation by the 
 soldiery of a power to decide the membership of our legislative 
 assemblies, whose right to judge exclusively in such cases has 
 ever been guarded with peculiar jealousy by our race ; in the 
 proposal, made and accepted by our highest civil and military 
 functionaries, to subject our citizens to tribunals in which a 
 military officer will decide without appeal what persons happen 
 ing to be found in the locality shall be sent to them for trial, 
 will appoint the members of the court, will review and confirm 
 or change the judgment and sentence, and may order instant 
 executions, in which the accused will be tried in secret, and 
 without counsel for his defence. This proposition is thus made 
 and thus sanctioned, notwithstanding that for similar acts our 
 English ancestors sent the First Charles to the scaffold and 
 expelled the Second James from the throne ; and our own fore 
 fathers, exiled by kindred tyrannies and planting freedom in 
 the wilderness, were careful to insert in our Constitution posi 
 tive prohibitions against the application to any but military 
 persons of such tribunals. 
 
 Unless such a proposition, so made and so sanctioned, shall 
 be condemned by a public reprobation which shall make it 
 memorable as a warning to all future officers of the State and 
 the army, the decay of the jealous spirit of freedom, the loss of 
 our ancestral traditions of liberty acquired through ages of 
 conflict and sacrifice, the education of the present generation 
 to servile acquiescence in the maxims and the practices of 
 tyranny will have realized the fears of Washington and Jay 
 and Clinton and their compatriots. 
 
 New York, first of the commonwealths of the American 
 
84 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Union in population, in resources, and in military power, should 
 declare her sentiments on this occasion with a distinctness, 
 a dignity, and a solemn emphasis which will command the 
 thoughtful attention of Congress, of her sister States, and of 
 the people of our whole country. With the same unanimity 
 with which she upheld the arms of the Union in the past con 
 flict, she should now address herself to the great and most 
 sacred duty of re-establishing civil liberty and the personal 
 rights of individuals, of restoring the ideas and habits of free 
 dom, and of re-asserting the supremacy of the civil authority 
 over the military power throughout the Republic. 
 
XXXVI. 
 
 ON the 3d of February, 1875, William H. Wickham, then 
 mayor of the city of New York, wrote to Governor Tilden that 
 he had removed the Corporation Counsel, Mr. E. Delafield Smith, 
 because of " his failure in the performance of, and his personal 
 unfitness for, the duty of prosecuting the city s claims against 
 William M. Tweed and others ; his refusal to institute proceed 
 ings to enforce the claim against Henry Starkweather and 
 others, with the publication of his pretext for so doing ; and his 
 disregard of the rights of the city in cases where it is defendant, 
 and which he has, by express consent or by neglect of oppor 
 tunities for active resistance, allowed to be sent for trial before 
 referees instead of before a jury, the appropriate tribunal." 
 The Mayor, in another communication of the same date, as 
 signed his reasons for the removal of Mr. Smith, and charged 
 him with having been appointed to office in the autumn of 1871 
 " under extraordinary circumstances, and by persons, all of whom 
 at that time stood charged with, and some of whom have since 
 been proved to have been guilty of, literally stealing enormous 
 sums from the municipal treasury," and that although three 
 years have passed since the Ring suits were begun, he had 
 made no real progress in prosecuting them. 
 
 Reference is next made to the alleged refusal of Mr. Smith 
 to institute proceedings against Mr. Henry Starkweather, 
 formerly head of the Bureau for the Collection of Assessments 
 in the Street Department, to recover the sum of $130,000 of 
 public moneys which he and his associates retained, and also 
 to the fact that he sent cases in which the city was defendant 
 to a referee instead of to a jury. 
 
86 THE WORKS OF SAMUEL J. T1LDEN. [1875. 
 
 The Mayor also notified the Governor, in two communications 
 dated February 3, that he had removed the fire commissioners 
 for " cause." 
 
 The Governor replied to all the above communications on the 
 5th in a letter in which he stated that it was proper, always 
 prudent, and might often be necessary that he should inspect 
 all the allegations of the parties, the proofs, if any taken, and 
 the documents which might throw light on the case. He 
 therefore requested the Mayor to transmit all the papers to 
 him. 
 
 On the 10th the Mayor sent a reply to the Governor, in which 
 he stated that he had performed his whole duty in the matter, 
 and was advised that the Governor had no power to require 
 more at his hands. 
 
 This challenge from the Mayor imposed upon the Governor 
 the necessity of examining and denning the respective powers 
 of mayors and governors in the exercise of the delicate and 
 solemn duty of removing " for cause." The results of his ex 
 amination were embodied in the following letter to Mayor 
 Wickham. 
 
THE GOVERNOR S POWER OF REMOVALS FROM 
 OFFICE FOR CAUSE. 
 
 EXECUTIVE CHAMBER, ALBANY, Feb. 17, 1875. 
 Hon. William H. Wickkam, Mayor of the City of New York : 
 
 SIR, Your messenger delivered to me the papers in the 
 removal cases, at my house, at about six o clock in the evening 
 of February 4. As he informed me he should return by the 
 2.40 train of the next afternoon, I told him if he would call at 
 the Executive Chamber at 12 M. the answer would be ready. 
 In the mean time I looked over the papers and saw that other 
 information might probably be necessary, and at the time ap 
 pointed gave him my letter of February 5. On the llth instant 
 I received a communication from you setting up the novel 
 theory therein contained as to my duties. Desiring to reply to 
 it at as early a day as my current official engagements would 
 allow, and as was consistent with the necessity of my sending 
 to New York for some papers involved in the discussion, which 
 were yesterday received, I will now state my conclusions. 
 
 The questions are two : 
 
 1. The nature of the removal for cause, as it exists under the 
 Constitution and laws of this State. 
 
 2. The nature of the duty of the governor, in giving or with 
 holding his approval of a removal, under Section 25 of Chapter 
 335 of the Laws of 1873. 
 
 Removals for cause are distinguishable from removals which 
 are in the arbitrary will of the officer vested with 
 
 . . Causes of removal. 
 
 the power, and which have generally followed 
 
 the changes of the removing power or of party ascendency. 
 
88 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 The system was devised in the Convention of 1821 by Daniel 
 D. Tompkins, Rufus King, and other foremost statesmen of the 
 time, specially for the case of sheriffs, and was applied also to 
 county clerks. The Constitution of 1846 extended it to dis 
 trict attorneys and coroners. It has been applied by consti 
 tutional provision and by statute to many other cases. Its 
 original object, doubtless, was to reconcile the necessary ac 
 countability to the State with a dispersion of the appointing 
 power to the localities. Incidentally, it gave the minority a 
 representation in public trusts, and exempted the mass of im 
 portant local offices from change of their incumbents before the 
 expiration of their terms on every fluctuation of party majorities 
 in the State. 
 
 The council of appointment under the Constitution of 1777, 
 consisting of the governor and four senators, had the appoint 
 ment and removal at will of nearly all the local officers in the 
 State, numbering nearly fifteen thousand, when our population 
 was but one third of its present magnitude. That council 
 became a public opprobrium, and was abolished by universal 
 consent. 
 
 To-day the one hundred and eighty sheriffs, county clerks, 
 and district attorneys within the State, and at least two hundred 
 and fifty other officers, are removable by the governor, subject 
 to no restriction but " giving to such officer a copy of the 
 charges against him and an opportunity of being heard in his 
 defence." For fifty-three years this system has operated suc 
 cessfully in this State. These important officers have felt safe in 
 the performance of their duties and in the tenure of their offices 
 when the power of removal was in the hands of a political ad 
 versary, against whom they were waging an active political war 
 fare. They have been free to exercise as fully as other citizens 
 their rights in all party controversies. 
 
 The rule which binds the conscience of the governor in 
 the exercise of this vast power has been hitherto respected. 
 I do not intend to impair its authority, or in any other respect 
 to lower the standard of official honor or public morality. The 
 
I875-] 
 
 ON REMOVALS FROM OFFICE. 89 
 
 principle on which the whole system rests is, that a removal 
 in such cases must be for a substantial, reasonable, and just 
 cause. The nature of that cause it is not now necessary to 
 discuss. 
 
 It is true, as elaborately argued by you, that the judgment 
 in such a case of the officers vested with the power of removal, 
 as to the cause alleged, is not subject to review by the courts, 
 for the purpose of reversing that judgment or reinstating the 
 person removed. The power, therefore, exists to give legal 
 effect to a removal, without obeying the rule which is binding 
 on the conscience of the functionary making it. But a disre 
 gard of that rule would be none the less a violation of right 
 and duty ; it would be the immoral power to do wrong, be 
 cause the law had not disabled the officer having the discretion. 
 In the case of the governor, such a violation, if committed in 
 evident bad faith, or by a gross abuse implying bad faith, would 
 doubtless render him liable to removal by impeachment. In 
 the case of the mayor, it would expose him to removal in the 
 manner provided by the statute. But inasmuch as in many 
 instances removals might be wrong, without involving proofs 
 leading to such consequences, a check on the removing power 
 has been frequently established by requiring the concurrence 
 of some other independent body or functionary. In many 
 cases the concurrent action of the governor and Senate is 
 required ; in others the concurrent action of the Senate and 
 Assembly. 
 
 I have been thus explicit in stating my views on this subject 
 in order to illustrate the grounds of my dissent from a con 
 struction of my powers and yours which would practically 
 convert removal for cause into removal at arbitrary will. 
 These conclusions, the reasons for which are now explained, 
 have been stated to you on several recent occasions. 
 
 The charter of the city of New York provides that the re 
 moval of the heads of departments made by the Approval by the 
 mayor shall be "for cause," " after opportunity gov< 
 to be heard," and " subject, however, before such removal shall 
 
90 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 take effect, to the approval of the governor, expressed in 
 writing." It also provides that " the mayor shall in all cases 
 communicate to the governor, in writing, his reasons for 
 such removal." It also prescribes that after the removal has 
 been effected "the mayor shall, on demand of the official 
 removed, make, in writing, a public statement of the reasons 
 therefor." 
 
 So far as the powers and duties of the governor are con 
 cerned, human language cannot well be more simple or plain. 
 It is the act of removal which is to be judged of by the governor ; 
 that act is to be "approved" or not approved. The approval 
 is to be expressed " in writing." The mayor is to contribute 
 whatever means of forming a judgment by the governor may 
 be contained in " his reasons," expressed in writing. But there 
 is not one word limiting in any manner the governor s means 
 or method of arriving at a conclusion whether or not he ought 
 to " approve " a particular removal ; he is as free to inform 
 himself and to judge as when he writes " approved " on a bill 
 sent him by the Senate and Assembly. His duty to collect 
 from some source the materials for a judgment, so that when 
 he writes " approved" it may be the truth, and not a falsehood, 
 is quite clear. 
 
 The theory which is supported by the long and elaborate 
 argumentation of your letter is that in forming his judgment 
 the governor is limited to such information as the mayor may 
 choose to give him ; that he is shut out from all other knowledge ; 
 that he must take every statement of fact made to him by the 
 mayor as established and indisputable truth ; that his own 
 function is confined to the narrow act of deciding whether the 
 thing charged, assuming all the alleged facts to be true, is a 
 sufficient cause of removal. The governor, if I understand this 
 doctrine aright, is a check upon the logical processes of the 
 mayor, and upon nothing else. It would result, then, that if the 
 mayor alleged a fact which the governor happened personally 
 to know to be untrue, as, for instance, that an officer com 
 mitted an act known to be done in the city of New York at a 
 
1875-1 ON REMOVALS FROM OFFICE. 91 
 
 time when that officer was before the governor in the Executive 
 Chamber at Albany, it would be the duty of the governor, if 
 the act alleged would have been a sufficient cause of removal, 
 to certify his " approval " of the removal, which he did not in 
 fact approve, and when he knew the accused to be wholly inno 
 cent. It may often happen that accusatory accusations are so 
 compounded of fact and inference, that no analysis can separate 
 the elements without extraneous aid. 
 
 But it is said that this novel theory, which has no support in 
 law, reason, or common sense, and is confuted by 
 
 ,-, -. f. , . Precedent. 
 
 the words 01 the statute of which it is a con 
 struction, is established by a precedent set by Mayors Have- 
 meyer and Vance, and by Governor Dix. You state that the 
 procedure which you insist on is a " practice now established 
 by precedent ; " that " the practice was adopted by [your] pre 
 decessors, under advice of counsel, and assented to by Gover 
 nor Dix after mature consideration." 
 
 My recollection of the case to which you refer, the removal 
 of Messrs. Bowen and Stern as commissioners of charities, 
 does not accord with your view. I have just received from 
 New York papers in those cases sufficient to determine their 
 effect as a precedent. Governor Dix initiated the charges in a 
 letter to Mayor Havemeyer, dated Nov. 27, 1874. In that letter 
 he stated that he had " ascertained " the facts in regard to the 
 treatment of Tweed which were alleged as the cause of removal. 
 He then said that the facts so alleged were " disgraceful to the 
 State, a criminal violation of duty on the part of those who have 
 granted the indulgences referred to, in utter contempt of the 
 law and the determination of juries and courts, and cannot fail 
 to bring lasting discredit on all by whose official interposition 
 this abuse may be corrected." 
 
 On the 28th of November Mayor Havemeyer addressed a 
 letter to Mr. Bowen, the president of the commission, contain 
 ing the substance of Governor Dix s communication ; but it 
 does not appear whether the letter was ever delivered. On the 
 3d of December Mayor Vance sent a note to the commissioners, 
 
92 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 with a copy of Governor Dix s letter. Mayor Vance s note 
 contained no independent charges ; it simply offered the com 
 missioners an opportunity to be heard on the charges contained 
 in the letter of Governor Dix, and expressed the opinion that 
 the matter stated therein, if true in fact, was sufficient cause 
 for their removal from office. The defences of Messrs. Bowen 
 and Stern were forwarded to Governor Dix with the charges. 
 
 Such is the precedent which you cite as authority for the 
 theory that the governor can lawfully obtain and can lawfully 
 consider no facts except such as are communicated by the 
 mayor. Every one of the facts contained in the charges of 
 Mayor Vance originated with Governor Dix, and were " ascer 
 tained" by him to exist. Equally bad is the precedent in 
 respect to withholding the answer of the accused parties which 
 I requested. Those answers were sent to Governor Dix as a 
 matter of course, and were before him when he acted. His 
 approval may, indeed, in one sense have been a mere form, for 
 he had found the facts on his own information, acquired in his 
 own way, and had made his deductions from them that they 
 were sufficient cause for removal, before the mayor had touched 
 the subject. Therefore it appears that the case which you cite 
 is in direct contradiction and condemnation of your theory 
 of my duties. 
 
 You are quite correct in saying that the mayor is " some 
 thing more than a commissioner to take testi- 
 
 Procedure. 
 
 mony tor the consideration of the governor. 
 Doubtless he is an independent power, whose concurrence is 
 necessary to effect a removal ; he is no more. The governor 
 appoints with the consent of the Senate in certain instances ; 
 and on the recommendation of the governor the Senate re 
 moves. It makes no difference that in one case the act is 
 nominally that of the governor, and in the other that of 
 the Senate. In both cases the act is ineffectual until it has 
 received the concurrence of each authority. 
 
 In removals by the mayor it is expressly provided by law 
 that the act shall not take effect until it is approved by the 
 
1875 ] ON REMOVALS FROM OFFICE. 93 
 
 governor; until then it is inchoate and inoperative. In re 
 movals by the Senate and Assembly, either House may origi 
 nate ; there may be two investigations ; and, under the existing 
 practice, the investigations amount almost to two trials. In 
 removals by the governor and Senate, the initiation is by the 
 governor, and there may be two investigations. 
 
 So far as I have observed, the practice is for the functionary 
 who initiates a proceeding for a removal to communicate to 
 the body which must concur in the act all the information he 
 possesses. That is what my predecessors have done ; that is 
 what I should do as a matter of course. It is my opinion that 
 the functionary who initiates a removal in such a case should 
 take care that all important acts and proofs are in writing and 
 of record. 
 
 I do not now discuss the question whether the "reasons" 
 which the law requires to be communicated include the mate 
 rial facts and the proofs of their existence, the confession of 
 the accused party, his denial, his excuse, or justification. It 
 is quite clear that every consideration of justice and of public 
 policy favors the more enlarged and liberal construction of the 
 obligation to present all information tending to elicit the truth. 
 Even where the duty of initiating the proceedings for re 
 moval is not imposed by law upon one of the functionaries or 
 bodies who must concur in the act, and where their relations 
 are of independent and equal powers, comity is exercised be 
 tween them, and the request of one for information or evidence 
 in the possession of another is always respected. 
 
 In seeking for the information necessary to enable me to 
 discharge the duty imposed upon me by statute, courtesy to 
 you required that I should first apply to you for such facts 
 as were in your possession ; and I regret that your notions of 
 official dignity and duty oblige you to withhold from me the 
 most satisfactory evidence upon the subject in respect to which 
 I am called upon to act. 
 
 In expressing my opinions, I desire to abstain from all criti 
 cism of yours. I certainly do not wish to detract from the 
 
94 THE WORKS OF SAMUEL J. TILDEN. [1874. 
 
 dignity of the great trust you hold, to encroach upon its just 
 powers, or to construct precedents, especially where precedents 
 have no binding force. To do what is according to law and to 
 right, in each single case, is all I seek. You must do what 
 you think is proper to protect your office and yourself. If your 
 view of duty operates to embarrass and delay my action, I shall, 
 nevertheless, as soon as the current official business, which 
 affords me abundant occupation, allows the leisure, take up the 
 cases for independent consideration. 
 
 My decision is that the governor is not limited by law to the 
 consideration of such facts as may be communi 
 cated to him by the mayor, but that, on the con 
 trary, it is his right and his duty to accept, and, if needful, to 
 seek all information necessary to enable him to decide whether 
 he ought to give or to withhold his " approval " of an act of re 
 moval initiated by the mayor, under the law which defines their 
 respective powers and obligations in such cases. 
 
 I have the honor to be, with great respect, 
 
 Your obedient servant, 
 
 SAMUEL J. TILDEN. 
 
XXXVII. 
 
 THE deplorable legislative and administrative corruption and 
 abuses which had tasked the energies of Mr. Tilden for the four 
 or five years preceding his election as governor, unhappily were 
 not restricted to the territorial limits of New York city, though 
 their hideous proportions were there first discovered and ex 
 posed. They were found to have infected pretty much every 
 department of the public service in the State. Outside of New 
 York city, their most malignant centre was the Canal Depart 
 ment. The expenses of the canal system of the State for the five 
 preceding years had been not only out of all proportion to the 
 receipts, but equally out of proportion to the amount and qual 
 ity of the work called " repairs," " ordinary " and " extraordi 
 nary," for which they were ostensibly incurred. Even before 
 he took the oath of office, Mr. Tilden, at his own expense, insti 
 tuted a secret but thorough investigation of the work to which 
 these enormous expenditures were attributed ; and at an early 
 stage of the session had in his possession conclusive evi 
 dence that under every important contract let, at least during 
 the five preceding years, the State had been grossly over 
 charged, and that, by the systematic collusion of the State 
 authorities, over a million of dollars had been paid out to con 
 tractors which not only had not been earned, but, so far as they 
 had been expended on the canals, had worked injury rather 
 than advantage to them. When the Governor had these facts 
 in such a shape that there was no room left to question their 
 accuracy, and no insurmountable obstacle to proving them, 
 he brought the subject to the attention of the Legislature with 
 such fulness and precision of specifications as not only to spread 
 consternation among the parties inculpated, but also to arrest 
 the attention of the whole nation. This document is still known 
 and referred to as " Governor Tilden s Canal Message." 
 
THE CANAL MESSAGE. 
 
 EXECUTIVE CHAMBER, ALBANY, March 19, 1875. 
 To the Legislature. 
 
 I HAYE received a petition from forwarders, boatmen, and 
 others engaged in transportation on the canals of this State, 
 representing that the depressed state of their business calls for 
 legislation and necessitates a reduction of tolls, and request 
 ing me to look into the condition of the canal commerce, and 
 to make such recommendations to the Legislature as will lead 
 to measures of relief. 
 
 Kespectful consideration is due to so large and important a 
 class of our business men. They are proprietors of about six 
 thousand boats, which are said to give employment directly to 
 thirty thousand persons, and indirectly to twenty thousand 
 others. They are in the peculiar relation of partners of the 
 State in a vast internal commerce, owning and managing 
 the equipment, while the State owns and manages the body of 
 the canals. The State, therefore, has not only a common inter 
 est in the preservation of the joint business, but also a distinct 
 and special interest in the ability of its partners to continue to 
 perform their functions, without which the joint business could 
 not be transacted. It cannot afford to suffer the equipment of 
 the canals to be broken up, to allow a dispersion of the traffic, 
 which, if once lost, will not be easily regained, or to omit any 
 measures of retrenchment in expenditure or economy of ad 
 ministration which will enable it and its partners to meet suc 
 cessfully the increasing competition of the railways with each 
 other and with water transportation. 
 
i875-] CANAL ABUSES AND MISMANAGEMENT. 97 
 
 Impressed with the considerations which induce a liberal 
 policy on the part of the State toward its partners in the 
 internal commerce it has seen fit to undertake, I am, on the 
 one hand, predisposed to every practical and just measure for 
 enfranchising trade and industry and cheapening the inter 
 change of commodities, and, on the other, to listen to the right 
 ful complaints of our people against the extreme burden of 
 our present taxation and the prodigal and wasteful expenditure 
 in connection with the canals, which is one of the main causes 
 of such taxation. 
 
 I have, therefore, felt it my duty to devote the intervals 
 of time I could command to a personal investigation of the 
 subject, in order to be able to recommend to you such 
 specific measures as the exigency seems to require, in the 
 direction indicated in the following passage of the Message 
 I had the honor to communicate at the beginning of your 
 session : 
 
 " A careful investigation whether the net incomes of the canals 
 retained cannot be increased, ought to precede a surrender of 
 what little now exist. Ordinary repairs should be scrutinized 
 with a view to retrenching their cost and to obtaining the largest 
 possible results from the outlay. . . . All improvements should 
 be governed by a plan and purpose leading to definite results, 
 and instead of scattering expenditures on imperfect constructions, 
 should aim to complete and make available the specific parts 
 undertaken. Unity of administration and of system, both in 
 respect to repairs and improvements, should be established." 
 
 Exhibit A is a comparative monthly statement of the tolls 
 on all the canals for the years 1873 and 1874. p ro babie income 
 It shows that during the months of October ofthecanals - 
 and November, and a few days of December which fall within 
 the present fiscal year, in which period about one quarter 
 of the tolls of the year were collected, the decrease of tolls 
 is from $836,123.27 to $638,132.96, or $197,990.31. The 
 decrease is about one fourth of that portion of the tolls. A 
 corresponding decrease for the months of May, June, July, 
 
 VOL. II. 7 
 
98 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 August, and September, 1875, as compared with the same 
 months of 1874, would amount to $600,000. That would leave 
 the tolls for the fiscal year of 1875 at 82,037,000. 
 
 Assuming them to realize $2,250,000, we are next to 1 find 
 the probable effect of the reduction in rates which is now 
 proposed. 
 
 Exhibit B is a statement of the effect of the reduction in 
 the rates proposed computed on the tolls of the calendar year of 
 1874. If a similar computation be made on $2,250,000, instead 
 of $2,637,070, the reduction of receipts to be produced by the 
 lowering of the rates would be $534,832. The gross tolls 
 accruing from all the canals for the fiscal year ending Sept. 
 30, 1875, would be $1,715,168. 
 
 This diminution of tolls presents in a strong light not only 
 the general depression of commerce, but particularly that of 
 the special business of the boatmen and forwarders. 
 
 The public mind is apt to be confused by the various 
 Taxation for canal methods in which the complex accounts of 
 
 purposes during five PI-,. 
 
 years from Oct. i, the State are kept. A careful analysis and 
 
 1869, to Sept. 30, . / , 
 
 1874. comparison 01 those accounts enables the iol- 
 
 lowing results to be stated in a simple form : 
 
 The total amount of the tolls on all the canals dur 
 ing the five fiscal years ending Sept. 30, 1874, 
 was $15,058,361.75 
 
 The aggregate of ordinary expenses and ordinary 
 
 repairs during the same period was 9,202,434.23 
 
 The apparent surplus was $5,855,927.52 
 
 The aggregate of extraordinary repairs during the 
 
 same five years was $10,960,624.84 
 
 Deduct the apparent surplus 5,855,927.52 
 
 Real deficiency, being excess of repairs ordinary 
 
 and extraordinary over the whole tolls .... $5,104,697.32 
 
i8;s.] CANAL ABUSES AND MISMANAGEMENT. 99 
 
 Other payments were, 
 
 Interest $2,908,617.46 
 
 Cost of premium on gold .... 703,468.35 
 Cost of premium on stock pur 
 chased 31,736.00 
 
 Transfer expenses, etc 21,238.49 
 
 $3,665,060.30 
 
 Actual cost, exclusive of reduction of debt . . . $8,769,757.62 
 Payment of deb.t, 
 
 Canal debt $2,334,350.00 
 
 General Fund debt, over the reduc 
 tion of moneys in sinking funds, 2,552,132.28 
 
 - $4,886,482.28 
 
 Contribution to General Fund 200,000.00 
 
 $13,856,239.90 
 
 The taxes levied for these purposes during the 
 
 same period were $14,789,848.25 
 
 All these payments are directly for canal purposes, except 
 82,552,132.28, which is in reduction of the General Fund debt, 
 and 8200,000, which was supplied to the General Fund. These 
 two payments, also, are indirectly of the same character ; 
 they merely replace fresh advances made by the General Fund 
 to the canals. 
 
 In the five years anterior to the period under consideration, 
 from Oct. 1, 1864, to Sept. 30, 1869, the taxes levied to meet 
 deficiencies in the sinking fund were $1,873,030.54, and the 
 taxes levied for extraordinary repairs, awards, etc., were 
 86,322,632.52, making 88,195,663.06. 
 
 The Constitution (Art. VII. sec. 5) provides that "Every 
 contribution or advance to the canals or their debt, from any 
 source other than their direct revenues, shall, with quarterly 
 interest at the rates then current, be repaid into the Treasury, 
 for the use of the State, out of the canal revenues, as soon as 
 it can be done consistently with the just rights of the creditors 
 holding the said canal debt." 
 
 In citing this mandate of the Constitution, it is not intended 
 to revive the illusion that even the most recent advances of the 
 
100 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 State for the use of the canals will ever be restored to the 
 Treasury. There is little probability that they can be regarded 
 as investments capable of producing a reliable income. So far 
 as these enormous outlays have been usefully expended, the 
 State will have to find its compensation for the taxes it has 
 imposed upon the people, in the indirect benefits of its efforts 
 to cheapen the interchange of commodities. 
 
 Exhibit C shows the expenditures for extraordinary repairs, 
 etc., for each of the five years. Exhibit D shows the expendi 
 tures from taxation for the sinking funds during the same 
 period. Exhibit E shows the specific application of the surplus 
 of tolls over ordinary expenses and repairs. 
 
 Some items of the outlay attract attention. On the canals 
 Character of the which the amendment of the Constitution au- 
 expenditure. thorizes the Legislature to abandon, there was 
 expended for 
 
 Extension of the Chenango Canal $676,158.68 
 
 Black River improvement 15,400.00 
 
 OneidaLake 100,000.00 
 
 Extraordinary repairs 899,852.82 
 
 Awards, etc 969,875.57 
 
 $2,661,287.07 
 
 If the inability of these canals to meet their ordinary ex 
 penses, or indeed to make any respectable contribution toward 
 that purpose, shall compel their abandonment, this great ex 
 penditure will be a total waste of money, wrung from the 
 people by taxation. 
 
 On the Erie Canal the following are two specimens : 
 
 Work up to Feb. 1, 1875, on contract on section 1 of 
 
 Erie Canal, contracted at $74,183.40 $458,114.72 
 
 Work in Black Eock and Buffalo har 
 bors, expended $717,333.00 
 
 Engineering expenses estimated . . . 71,733.00 
 
 Additional appropriation unexpended . 170,000.00 
 
 959,066.00 
 
 $1,417,180.72 
 Total . $4,078,467.79 
 
I875-] CANAL ABUSES AND MISMANAGEMENT. 101 
 
 This constitutes four millions of the eleven millions expended 
 and the twelve millions appropriated for canal improvements 
 within the last five years. 
 
 In the mean time the whole expenditure at rates 
 far too costly on the Erie Canal for doubling 
 locks was $718,984.23 
 
 For taking out the wall benches 1,013,870.25 
 
 $1,732,854.48 
 
 It is impossible, in the limited time which the exigency allows, 
 thoroughly to investigate the vast mass of various outlays which 
 have cost the people eleven millions of dollars. But the neces 
 sity of determining at once the tolls and appropriations ; a sense 
 of how small a share of this burdensome taxation has attained 
 any real utility, and how much of it has been wasted in unneces 
 sary work or in the extravagant execution of improvements in 
 themselves useful ; and a clear perception of the main sources 
 of the evils of administration and of reforms attainable by 
 legislation without a change of the Constitution, make it my 
 duty now to recommend specific and affirmative measures of 
 redress. 
 
 It is not merely in the general laxity and demoralization 
 of official and political life that we are to look 
 for the causes of these evils. The interest which 
 fattens on abuses of public expenditure is intelligent, energetic, 
 and persistent. Acting as a unit, it takes part through its 
 members in the organization and the doings of both political 
 parties ; seeks to control nominations ; rewards friends and 
 punishes enemies ; and it begins to operate by every form of 
 seductive and coercive influence upon public officers, as soon 
 as they are elected. The vast mass of the taxpayers are occu 
 pied in their daily industries, on their farms and in their work 
 shops, and cannot easily, and do not in fact, make a business 
 of politics. In a silent contest with the tax-consumers they 
 are often practically unrepresented. It is only when they are 
 aroused and organized, and can find representatives whom they 
 trust, that they protect themselves and overwhelm all resistance. 
 
102 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Useless works in the specious garb of improvements are under 
 taken because of the indifference of the public officers, the 
 inertness of the taxpayers, the indefatigable efforts of an 
 influence seeking a benefit for its locality, which costs it an 
 insignificant share of the burden imposed on the people, or the 
 eager activity of the class who seek profit in contracts for con 
 struction without reference to the utility of the work. Vertical 
 walls are made to provide wharves for private individuals, and 
 bridges where no public interest requires them. Fictitious 
 improvements are contrived to supply profitable jobs. Work 
 of real utility is made to cost greatly more than its actual 
 value. 
 
 In making these observations I do not leave out of view 
 those honest citizens who, while employed upon the public 
 works, have sought and obtained only a fair and just return 
 for their labor, skill, and capital. But in framing laws we must 
 guard against the influence of self-interest upon the minds of 
 honest men. 
 
 I renew the recommendation in respect to the canals which 
 
 Appropriations for the recent amendments of the Constitution em- 
 ordinary expenses *, ,, n T ,, 
 
 and repairs. powered the Legislature to " sell, lease, or other 
 
 wise dispose of," that while the manner of their disposition 
 remains undetermined, "no expenditures should be made on 
 those works not strictly necessary in view of their probable 
 future." In order to carry out this policy, the appropriations 
 for ordinary expenses and repairs upon them should be specified, 
 separated from the provisions for the canals which the Consti 
 tution requires to be retained, and should be reduced to the 
 lowest practicable amount. 
 
 In respect to ordinary expenses and repairs to the canals 
 which are to be retained as the property of the State, I recur to 
 the suggestion which I had the honor to submit in the Annual 
 Message, 
 
 " Ordinary repairs should be scrutinized with a view to retrench 
 ing their costs, and to obtaining the largest possible results from 
 the outlay." 
 
iS/5] CANAL ABUSES AND MISMANAGEMENT. 103 
 
 In the present state of the prices of materials and the wages 
 of labor, if the public officers can be inspired with a resolute 
 purpose to make every expenditure for these objects effective, 
 there ought to be no difficulty in reducing the appropriations 
 from one quarter to one third below the amount provided for 
 last year. The present standard of repair and efficiency must 
 be fully maintained. Everything of good administration con 
 sists in the selection of the most necessary and useful objects 
 of expenditure, and in securing the greatest effectiveness in 
 the application of labor and the most advantageous purchase 
 of materials. 
 
 If a sense of accountability and a determination to accom 
 plish this result can be diffused throughout the agents em 
 ployed in the public service, this object will be easily and 
 certainly attained. 
 
 The wisdom of abstaining from all new work except that 
 which is not only useful, but absolutely necessary, Appropriations for 
 
 . -ill! , i extraordinary 
 
 is obvious. Every item should be scrutinized repairs. 
 with jealous care. 
 
 The aggregate ought to be kept within half a million, and as 
 much below that maximum as possible. A thorough retrench 
 ment in ordinary and extraordinary repairs will enable the 
 State to remit for the present year, as compared with the last, 
 to the boatmen and transporters from five to six hundred 
 thousand dollars of tolls, and at the same time to give relief to 
 our over-burdened taxpayers in a reduction of taxes to the 
 extent of more than a million and three quarters of dollars. 
 
 If the restoring the Erie Canal to its proper dimensions and 
 the deepening of its water-way, which is by far the most useful 
 improvement contemplated, can be deferred till next year, after 
 its present condition shall be accurately ascertained, and then 
 be proceeded with gradually, there is little else which cannot 
 wait. Justice to the people and to the canals demands that 
 all extraordinary repairs beyond what are clearly necessary to 
 efficient navigation should be suspended until a thorough in 
 vestigation shall show that every improvement proposed is 
 
104 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 really necessary, and that the work is to be conducted under 
 fair lettings and contracts, and is to be faithfully executed. 
 At the opening of navigation in the present season the 
 double locks will be completed. The capacity 
 
 Erie Canal. 
 
 of the Erie Canal to do an aggregate business 
 will be several times the requirements of the largest tonnage 
 it has ever had. The removal of the wall-benches will be so 
 nearly completed that the advantages of that change will be 
 practically secured. On Sept. 30, 1874, there remained of 
 wall-benches 24 T 4 ^ miles on the towing-path side, of which 
 l^iVo miles are contracted to be removed, and 46 T y^ on the 
 berme side, of which l-ffa are contracted to be removed ; leav 
 ing 12y 2 ^ miles on the towing-path side, and SQ^ 4 ^- miles on 
 the berme side, where the obstruction is much less important ; 
 or equivalent in all to twenty-six miles on both sides. That 
 is less than 7 per cent of the whole length of the canal. The 
 engineer s estimate of the cost of removing the remaining 
 wall-benches was, in January, 1874, $711,140 ; and an appro 
 priation of $360,000 was made by the Legislature of 1874, 
 which will be available for expenditure during the present 
 year. As the only effect of the wall-benches now remaining 
 is that they contract the canal at its bottom from fifty-six feet 
 to forty-two feet, and in that proportion the lower part of the 
 prism, forming a section four feet above the bottom of the 
 water-way, thus lessening the body of water in which the boat 
 moves for a fourteenth part of the length of the channel, 
 and but one fifth of that on the towing-path side, the incon 
 venience of their existence to this limited extent is not very 
 great or emergent. 
 
 In my judgment a far more important improvement of the 
 Erie Canal would be effected by a thorough system of ordinary 
 repairs which should give the water-way its proper and lawful 
 dimensions, and by progressively deepening it wherever reason 
 ably practicable, from seven to eight feet. As the object would 
 be merely to enable the submerged section of the boat to move 
 in a larger area of water, so that the displaced fluid could pass 
 
1875.] CANAL ABUSES AND MISMANAGEMENT. 105 
 
 the boat in a larger space, it would not be necessary to alter 
 the culverts or other structures, or to carry the walls of the 
 canal below the present bottom; and the benefit would be real 
 ized in each portion of the canal improved, without refer 
 ence to any other part of the channel which should remain 
 unchanged. In facilitating the movement of the boat and 
 quickening its speed, it would increase the amount of ser 
 vice rendered in a given time, and would thereby diminish 
 every element of the cost of transportation. It would benefit 
 the boatmen and carriers more, even, than one cent a bushel 
 remission of tolls. It would be of more real utility to navi 
 gation than five or ten times its cost expended in the aver 
 age manner of so-called improvements on the public works. 
 But it is too simple, too practically useful, to enlist the im 
 agination of projectors who seek the fame of magnificent 
 constructions, and of engineers who build monuments for exhi 
 bition to their rivals, or to awaken the rapacity of cormorants 
 who fatten on jobs. 
 
 I renew the recommendation of my Annual Message upon 
 this subject ; and would draw particular attention to this 
 clause, " that provisions be made by law to enable the State 
 Engineer, soon after navigation is opened, to measure the depth 
 of water in the canal by cross-sections as often as every four 
 rods of its length, and on the upper and lower mitre-sill of each 
 lock." 
 
 The Constitution of the State provides that " All contracts 
 for work or materials on any canal shall be made 
 
 * Canal lettings. 
 
 with the person who shall offer to do or provide 
 the same at the lowest price, with adequate security for their 
 performance." This requirement was intended to protect the 
 State from extravagant contracts ; but by artful bids, and in 
 some cases by fraudulent combinations, it is made an instru 
 ment to defeat the very end had in view by its authors. I 
 have examined more than one hundred contracts, and I find 
 that most are so contrived that not only does the State in the 
 end pay from two to four times the amount of the contract, 
 
106 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 but that the work is not given to the lowest bidder in fact, 
 although it may be in form. This result is brought about by 
 the following contrivance. When a contract is to be let, the 
 engineer makes out an estimate of the quantity and kinds of 
 work to be done. Those who make bids state at what prices 
 they will do each kind of work or furnish each kind of mate 
 rial. These prices are footed up, and the bid which amounts 
 to the smallest sum is accepted. The sums thus agreed upon 
 average but little more than one half the amounts estimated 
 by the engineer, and apparently the State makes advantageous 
 contracts. On examination it will be found that the prices 
 for the several items bear no relation to their real value. In 
 some instances excavation of earth is put at one cent per 
 cubic yard, and in others eighty-five cents are asked ; exca 
 vation of rock blasted at one cent in some cases, and two dol 
 lars in others; slope-wall is bid for in some cases at twenty 
 cents, and in others at two dollars; hemlock timber, which 
 is worth at least twelve dollars per thousand, is in some 
 contracts put at less than three dollars per thousand, and 
 in others at thirty dollars per thousand; oak timber in one 
 instance is put at one dollar per thousand, and in others at 
 seventy dollars. Some items are absurdly low, others un 
 reasonably high. In some instances a contractor will put in 
 proposals on the same day for different jobs ; but the prices 
 for the same kind of work or materials will vary in his several 
 proposals many hundred per cent. 
 
 It is clear upon the face of such proposals that some fraud 
 is designed ; but the commissioners have been in the habit of 
 accepting them. I am happy to say that Commissioner Thayer 
 at a recent letting rejected this class of proposals, which are 
 known as "unbalanced bids." Heretofore they have been 
 accepted ; and not only has the State paid unreasonable prices, 
 but more than one half of the work on large contracts has 
 been done and paid for without being advertised or offered to 
 the lowest bidders. 
 
 The contractor gains these results by the following strategy : 
 
i8;5-] CANAL ABUSES AND MISMANAGEMENT. 107 
 
 When the engineer s estimate of quantities and kinds of 
 material are published by the commissioners, the contractor 
 will find out by collusion, or in some other way, what quan 
 tities of each kind of work or material will, in fact, be required, 
 or he will see what influence he can exert to change the con 
 tract after it is made. If it is changed, no new letting is had, 
 but he claims the job as his right. He then puts in his bid, 
 offering to do such work or to furnish such material as he finds 
 will not be required at all, or in small quantities, at absurdly 
 low prices, at a quarter or in some instances at a twentieth 
 part of its cost. The items which will be required in full, and 
 probably in extra quantities, he will put at unreasonably high 
 rates ; and it turns out that what the contractor offers at low 
 prices is called for in small quantities, if at all, while those 
 which are put at high prices are not only required in full, but 
 in most cases in extraordinary quantities. 
 
 An example will more clearly illustrate how the State is 
 defrauded by these devices. The engineer having estimated 
 certain work and materials as follows : 
 
 100 cubic yards of vertical wall, at $3 .... $300.00 
 
 3,855 " slope wall, at $1.50 .... 5,782.50 
 
 2,400 feet B. M. white oak, at $50 120.00 
 
 60,000 hemlock, at $15 900.00 
 
 Total estimate $7,102.50 
 
 A. s bid for the job at these rates amounted to . . 7,102.50 
 
 B. s bid for the same was, for 
 
 100 cubic yards vertical wall, at $6 $600.00 
 
 3,855 " slope wall, at 30 cents .... 1,156.50 
 
 2,400 feet B. M. white oak, at $70 . . . . . . 168.00 
 
 60,000 hemlock, at $3 180.00 
 
 And aggregated $2,104.50 
 
 The proposal of B., apparently so advantageous to the State, 
 was accepted, and the contract awarded to him as the " lowest 
 bidder." But afterward, by some influence, it was decided to 
 make only vertical, and no slope wall, and to use only oak, 
 
108 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 and no hemlock timber. There was no re-letting, although 
 the agreement had been in fact revamped into a new and 
 different contract, which enabled B. to collect from the State 
 for 
 
 3,955 cubic yards of vertical wall, at $6 . . . . $23,730.00 
 62,400 feet B. M. white oak, at $70 4,368.00 
 
 The sum of . . . . . . $28,098.00 
 
 It will be seen that in such transactions, and they are nu 
 merous, in violation of the Constitution, the contractor gets 
 the work without there having been in fact any public letting, 
 or any chance for competition by others. 
 
 For the purpose of showing actual results of this system, I 
 state the following ten cases, which give the amount the State 
 has paid on certain contracts in comparison with the sum for 
 which the contractor agreed to do the work at the lettings made 
 by the commissioners : 
 
 Amount of contract upon Amount actually paid 
 
 exhibited quantities at by the State up to 
 
 contract prices. Feb. 1, 1875. 
 
 Contract No. 1 $74,183.40 $458,114.72 
 
 2 29,431.00 56,845.68 
 
 " 3 37,871.00 110,320.13 
 
 4 10,617.00 49,936.30 
 
 5 14,397.00 78,967.20 
 
 6 85,562.50 220,614.58 
 
 " 7 31,286.00 130,317.45 
 
 " 8 86,584.00 222,610.68 
 
 9 9,504.00 41,127.55 
 
 10 45,300.00 191,915.55 
 
 $424,735.90 $1,560,769.84 
 
 These show that the State has already paid nearly four times 
 the amount which was involved by the terms of the contracts ; 
 and though this excess amounts to more than a million of 
 dollars, some of the expenditures are still going on, with no 
 prospect of completion. It also appears that of the expendi 
 tures of $1,560,769.84, only 1424,735.91, less than one third, 
 
1875.] CANAL ABUSES AND MISMANAGEMENT. 109 
 
 was submitted to a public letting. By manoeuvres of this char 
 acter the cost of public works is run up to extravagant sums. 
 Appropriations are absorbed, deficiencies are created to be 
 paid by new appropriations, and the people are loaded down 
 by taxes. 
 
 Desiring to co-operate with you in a reform of existing 
 abuses and of the systems which have conduced Remedial meas . 
 to them, I submit to your consideration such ures - 
 suggestions for new legislation as seem to me adapted to 
 meet the wishes and protect the interests of our common 
 constituents. 
 
 Methods ought to be devised to make the estimates of the 
 kinds and quantities of work exhibited on the Engineers esti- 
 quantity sheet for lettings of contracts to con- 
 form to the actual work to be done. On a change of the 
 plan or specifications of a contract, the work under the old 
 contract should be closed, and a new letting should take 
 place. 
 
 The law authorizes the Canal Board to make regulations as 
 to the biddings, and one of those regulations 
 provided for discarding bids which show bad 
 faith upon their face. As the officers who let the contracts 
 have not enforced this regulation, except in a recent case, a 
 law should be passed defining their rights and duties in this 
 respect. 
 
 I recommend that hereafter the bids be opened and the 
 awards of contracts be made by the Canal Board. It is a 
 larger body, and contains the officer who is charged with the 
 fiscal administration of the State, and also the State engineer. 
 It was formerly vested with these duties, and the change was 
 only made to serve a temporary party object. 
 
 In the organization of governmental powers two conditions 
 seem essential to the well working of the official accounta- 
 machinery of administration. First, while un- bilit ^ 
 due concentration of powers should be avoided, and checks and 
 balances in the requirement of the concurrent action of several 
 
110 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 persons are preserved, a certain unity of function and of 
 organization is necessary to enable the people to enforce any 
 real responsibility. 
 
 An issue in regard to the conduct of public officers or in 
 regard to a policy of administration should be submitted to 
 the people with the simplicity of an issue to a jury at common 
 law. The million of voters in the State cannot resolve them 
 selves into a committee of investigation to hunt out by long 
 and tedious search the particular wrong-doer ; they cannot 
 convert themselves into a court to go through a complicated 
 and protracted trial. Amid the numerous and changing 
 objects of interest which attract their attention they cannot 
 devote themselves to a single specific measure of ordinary 
 importance for three successive years. All schemes of ad 
 ministration which involve such impracticable demands for 
 the co-operation of such vast numbers of individuals discard 
 the idea of representation in government ; they compel the 
 whole voting mass to conduct the complex affairs of human 
 society in person ; they are snares invented to destroy the 
 power of the people in their own government, to neutralize 
 the elective principle, and to create official irresponsibility. 
 
 The members of the Canal Board, other than the Canal 
 commissioners and the Lieutenant-Governor, are all chosen at 
 one election. The elective power of the people is effectual to 
 make a change of persons or policy; but the Canal com 
 missioners are elected one each year, and it takes three years 
 to make a complete change. They have practically ceased to 
 act as a board. Each one carries on his administration over 
 his division of the canals as if he were a totally independent 
 authority. They make three separate reports. Each one 
 prepares a separate annual estimate for future expenditures. 
 They formerly sat as members of a board of Canal com 
 missioners, who consulted, decided, and acted as one integral 
 body. Their most important functions were performed as 
 members of the Canal Board, or in concert with the Canal 
 Board, which embraced the great officers of the State, includ- 
 
i8;5-] CANAL ABUSES AND MISMANAGEMENT. Ill 
 
 ing its fiscal representative, who is under an ever-active 
 pressure to make both ends meet in the financial affairs of 
 the State. They were practically subordinate to the fiscal 
 members of the Administration. 
 
 Secondly, it is fundamental that the spending officers must 
 be subject to the influence and control of the officers whose 
 duty is to provide the ways and means. No great corporate 
 business, no private affairs could be conducted successfully on 
 any other plan. The experience of the State, under a system 
 in which the officers who initiate expenditure and control the 
 application of the public money and the execution of public work 
 have been independent and practically irresponsible, has been 
 fruitful of irregularities, extravagance, waste, and corruption. 
 There have been several futile impeachments, but no real remedy. 
 
 It does not seem expedient to wait for a change which in 
 volves an amendment of the Constitution, and will, therefore, 
 take several years. There are measures within the competency 
 of the Legislature which can be put into immediate opera 
 tion, and which will have great efficiency to remedy the evils. 
 Among these, the suggestion has occurred to me that an in 
 spector of public works can be created by law, who shall be in 
 vested with full powers of investigation, and shall report to the 
 Governor and Legislature, and who shall derive his appointment 
 from a source completely independent of the canal officers. 
 
 Another expedient worthy of your consideration is to enforce 
 the accountability of the officers charged with the disburse 
 ment of the public money, by a liability to summary removal 
 or suspension. The Constitution (Article X. Section 7) 
 commands, 
 
 "Provision shall be made by law for the removal for misconduct 
 or malversation in office of all officers (except judicial) whose 
 powers and duties are not local or legislative, and who shall be 
 elected at general elections, and also for supplying vacancies 
 created by such removal. 7 
 
 At the close of the session of the Convention of 1846, on the 
 day before its final adjournment, it was discovered that, except 
 
112 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 in the case of the treasurer, no provision had been made for 
 the removal of State officers having charge of public funds, who 
 had been made elective by the people of the whole State. The 
 Convention, not undertaking at so late a period to devise a 
 system, devolved that duty on the Legislature. This power 
 has remained twenty-nine years unexecuted. 
 
 It is a duty of the Legislature which ought no longer to 
 remain unperformed. Applied to the Canal commissioners, 
 who are agents not only in the application, but also in the cus 
 tody and disbursement of the public moneys, and to the State 
 engineer, who, with his subordinates, exercises great power 
 over the expenditure by his estimate of the cost and certificates 
 of the performance of work, it would be an improvement upon 
 our administrative system in accord with the intention of the 
 Constitution, with sound principles of government, and with 
 the indications of experience. 
 
 Provision ought also to be made by law for regulating 
 the formation of the annual estimate for future expenditures. 
 It ought not only to be the result of consultation between the 
 Canal commissioners, but should also have the written ap 
 proval of the State engineer as to the necessity and cost of the 
 work, and of the comptroller as to its propriety, considered in 
 connection with the financial administration. 
 
 It would doubtless be a valuable improvement to create a 
 paymaster, appointed by the commissioners of the Canal Fund, 
 who should be accountable to the auditor, and should make all 
 payments on the certificates of the Canal commissioners and the 
 State engineer. With these provisions the control of the State 
 engineer over his subordinates might properly be enlarged. 
 
 I have deemed it my duty to look beyond the abuses prac- 
 Other matters to ^ised. in the letting of contracts, and to see if the 
 materials have been delivered and the work has 
 been done for which so many millions have been paid out by 
 the State, and also to learn if the locks, walls, and other struc 
 tures have been built in a faithful way and in compliance with 
 the contracts. I am satisfied, from information I have already 
 

 VE 
 
 1875.] (MJVAL ABUSES AND MISMANAGEMENT. 113 
 
 gained, that there should be an investigation of these subjects. 
 It is my purpose, with the aid of the members of the Canal 
 Board, to have an examination made of our public works, and 
 to learn their condition. It may be too late to detect all frauds ; 
 but many may be exposed and punished, and a check put upon 
 practices so destructive to morals, as well as to the public 
 interests of the people of the State. 
 
 It is clear that under the present system of canal manage 
 ment the people will not be relieved from taxa- 
 
 Conclusion. 
 
 tion, the boatmen from high tolls, or the needed 
 improvements of the Erie and Champlain canals be finished. It 
 is in our power to gain these great objects by a wise and an 
 honest policy of retrenchment, reform, and official responsibility. 
 Unfortunately the abuses now practised against our canals and 
 their commerce are exciting strong prejudices against these 
 great public works rather than against the wrong-doers and 
 the wrong-doing which tend to destroy them. 
 
 Our duty is clear. Let us cut off the expenses which divert 
 revenues from general improvement of the canals to local or 
 individual purposes, and make every official, every employe*, 
 every contractor, feel that the laws you have just passed 
 against fraud will be enforced ; and then our canals will be 
 finished, their commerce revived, and taxation will be lessened, 
 not only as it oppresses the boatmen, but also all other classes 
 of our citizens. 
 
 There is no real antagonism between the boatmen and for 
 warders who seek a fair compensation for their services, the 
 public who desire cheap transportation, and the people who 
 justly claim some relief from the present intolerable pressure 
 of taxation ; their interests are joint. Whenever these classes 
 are brought into a false position of apparent hostility, it is sure 
 proof either of a bad state of laws or of an unfaithful perfor 
 mance of official duties. Whoever for illicit gain despoils or 
 wastes the resources applicable to these objects is the common 
 enemy of the boatmen and the taxpayers, who must unite to 
 enforce measures of reform and redress. 
 
 VOL. II. 8 
 
114 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1875- 
 
 EXHIBIT A. 
 A comparative monthly statement of the tolls for 1873 and 1874. 
 
 MONTHS. 
 
 1873. 
 
 1874. 
 
 
 
 
 May 
 
 $258,028.29 
 
 $361,898.96 
 
 June 
 
 439,888.24 
 
 492,393.57 
 
 July 
 
 466,825.67 
 
 413,525.09 
 
 -August 
 
 455 799 88 
 
 308,769.10 
 
 September . 
 
 520 053 40 
 
 422,351.24 
 
 October 
 
 599 214 91 
 
 392 460.83 
 
 
 304 61000 
 
 243,569.38 
 
 December . . . 
 
 2 298 36 
 
 2,102.75 
 
 
 
 
 
 $2,976,718.57 
 
 $2,637,070.92 
 
 EXHIBIT B. 
 
 A statement of the amount of reduction of tolls which would result from the plan 
 proposed by the Committee of the Canal Board, computed on the business 
 o/1874. 
 
 The reduction proposed is as follows : On wheat, corn, rye, barley, and oats, 
 one third ; on products of wood, one quarter ; on merchandise, one half. 
 
 
 Tolls at rates of 
 1874. 
 
 Tolls at proposed 
 rates for 1875. 
 
 Loss by the reduc 
 tion. 
 
 Wheat. . . . 
 
 695 003 00 
 
 $463 335 00 
 
 $31 668 00 
 
 Corn 
 
 500 297 00 
 
 333 53 9 00 
 
 166 765 00 
 
 Rye 
 
 4 504 00 
 
 3 OO 9 00 
 
 1 50 9 00 
 
 Barley 
 
 42 264 00 
 
 28 179 00 
 
 14 085 00 
 
 Oats 
 
 52 389 00 
 
 34 926 00 
 
 17 463 00 
 
 Products of wood . . 
 
 718 427 00 
 
 538 821 00 
 
 179 606 00 
 
 Merchandise 
 
 60,110.00 
 
 30,055.00 
 
 30,055.00 
 
 
 $2,072,994.00 
 
 $1,431,850.00 
 
 $641,144.00 
 
 Total tolls $2,637,071.00 
 
 Total tolls, boats 160,328.00 
 
 Tolls on freight 2,476,743.00 
 
 Total tolls collected at the tide-water offices in 1874 on freight 
 going West and North 
 
 $233,200.72 
 
1875-1 
 
 CANAL ABUSES AND MISMANAGEMENT. 
 
 115 
 
 EXHIBIT C. 
 
 Statement of the sums derived from taxes applied during each of the several 
 years to work on the canals, etc. 
 
 Date. 
 
 Damages and 
 awards. 
 
 Extraordinary 
 repairs. 
 
 Improve 
 ment and 
 enlargement 
 of Champlain 
 Canal. 
 
 Extension 
 of Chenango 
 Canal. 
 
 Improve 
 ment of 
 Black River 
 and recon 
 struction 
 Oneida Lake 
 canals. 
 
 Totals. 
 
 1870 
 1871 
 
 1872 
 1873 
 1874 
 
 $55,260.04 
 980,336.47 
 
 772,154.65 
 677,675.02 
 
 $1,016,528.73 
 2,294,028.20 
 
 470,495.71 
 1,422,688.41 
 1,763,343.14 
 
 $80,000.00 
 164,713.61 
 
 402,297.43 
 69,544.75 
 
 $200,000.00 
 200,000.00 
 
 175,000.00 
 101,158.68 
 
 Black River. 
 $15,400.00 
 
 Oneida Lake. 
 $25,000.00 
 50,000.00 
 25,000.00 
 
 $1,367,188.77 
 3,639,078.28 
 
 1,072,793.14 
 2,415,546.49 
 2,466,018.16 
 
 - 
 
 $2,485,426.18 
 
 $6,967,084.19 
 
 $716,555.79 
 
 $676,158.68 
 
 $115,400.00 
 
 $10,960,624.84 
 2,895,615.06 
 
 Sink 
 The 
 
 ing Fund as per Table No. 
 
 taxes levied were in excess 
 this Table 
 
 1 
 
 of the taxes applied, as shown in 
 
 $13,856,239.90 
 933,608.35 
 
 
 Total taxes levied for canal purposes 
 
 $14,789,848.25 
 
 EXHIBIT D. 
 
 Statement showing the sums derived from taxes to supply deficiencies in the 
 Sinking Funds for payment of principal and interest of the Canal Debt, 
 and to pay principal and interest of the Floating Debt, under the Con 
 stitution (Article VII. Section 12). 
 
 Date. 
 
 Sinking Fund, 
 Article VII. 
 Section 1. 
 
 Sinking Fund, 
 Article VII. 
 Section 3. 
 
 Sinking Fund, 
 Article VII. 
 Section 12. 
 
 Total. 
 
 1870 .... 
 1871 .... 
 1872 .... 
 1873 .... 
 1874 .... 
 
 $195,000.00 
 
 $913,866.65 
 575,339.69 
 
 $227,864.79 
 240,957.65 
 251,435.90 
 230,271.15 
 260,879.23 
 
 $227,864.79 
 240,957.65 
 1,165,302.55 
 230,271.15 
 1,031,218.92 
 
 $195,000.00 
 
 $1,489,206.34 
 
 $1,211,408.72 
 
 $2,895,615.06 
 
116 
 
 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 EXHIBIT E. 
 
 Distribution of the surplus canal revenues for each of five years, beginning 
 
 with 1870. 
 
 DATE. 
 
 SURPLUS. 
 
 DISTRIBUTION. 
 
 Sinking Fund, 
 Article VII. 
 Section 2.* 
 
 Sinking Fund, 
 Article VII. 
 Section 3. 
 
 Fund for Support 
 of Government, 
 Section 3. 
 
 1870 . . . 
 1871 . . . 
 1872 . . . 
 1873 . . . 
 1874 . . . 
 
 $569,974.61 
 981,588.68 
 1,202,571.35 
 1,623,286.80 
 1,478,506.08 
 
 $569,974.61 
 981,588.68 
 1,202,571.35 
 1,500,000.00 
 
 $123,286.80 
 1,278,506.08 
 
 $200,000.00 
 
 $5,855,927.52 
 
 $4,254,134.64 
 
 $1,401,792.88 
 
 $200,000.00 
 
 Sinking Fund, Art. VII. Sec. 2 
 Sinking Fund, Art. VII. Sec. 3 
 Fund for support of Governmen 
 
 
 $4,254,134.64 
 1,401,792.88 
 200,000.00 
 
 
 t, Art. VII. Sec. 3 
 
 $5,855,927.52 
 
 * The contribution to this sinking fund in 1873 was a final contribution. 
 
XXXVIII. 
 
 WHEN Governor Tilden came into office in 1875, fully one 
 half of the population of the State resided in cities and incor 
 porated villages ; and the debt of these corporations amounted 
 to seventy-five dollars for each inhabitant, and the tax imposed 
 upon their real estate was equivalent to fully one third, and in 
 some instances reached to one half of the income from it. The 
 sums thus levied upon the municipal corporations of the State, 
 embracing some two and a half millions of inhabitants, were 
 nearly or quite equal to the total burden of taxation borne by the 
 entire population of the United States of twenty-five millions 
 only twenty years before. The abuses of which these figures are 
 only an imperfect expression had resulted in part from the 
 neglect of the Legislature to discharge the duty imposed upon 
 it by the Constitution of 1846 properly to restrict municipal 
 corporations in their powers of " taxation, of assessment, of 
 borrowing money, of contracting debts, and of loaning their 
 credit, " and in part from the as yet unascertained boundaries 
 which separate the provinces of local and State governments. 
 The familiarity with these abuses which Mr. Tilden had 
 acquired in his four years war with what was commonly 
 known as the Tweed Ring, made him feel that it was one of 
 his first duties to see that the Legislature executed the com 
 mands of the Constitution and imposed the restrictions upon 
 municipal corporations contemplated by the Ninth Section 
 of the Eighth Article of that instrument ; for to its neglect 
 of these commands was largely due the fact that the debt of 
 New York city, which was less than fourteen millions in 1846, 
 had already swollen to the enormous sum of one hundred and 
 twenty millions over and above its sinking fund. 
 
118 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 The questions involved, however, were very complicated, and 
 required more study and deliberation than the members of the 
 Legislature, with their other labors, could well devote to them. 
 Governor Tilden therefore recommended the Legislature to 
 create a commission which should " report to the next Legis 
 lature the forms of such laws or constitutional amendments as 
 were required." His motives for this recommendation are set 
 forth at length in the following Message. 
 
MUNICIPAL REFORM MESSAGE. 
 
 EXECUTIVE CHAMBER, ALBANY, May 11, 1875. 
 To the Legislature. 
 
 THE Constitution (Article VIII. Section 9) declares that u It 
 shall be the duty of the Legislature to provide for the organiza 
 tion of cities and incorporated villages, and to restrict their 
 powers of taxation, assessment, borrowing money, contracting 
 debts, and loaning their credit, so as to prevent abuses in assess 
 ments and in contracting debt by such municipal corporations." 
 
 The Convention of 1846, having exhausted its sessions in 
 the consideration of questions upon which it acted, and finding 
 itself unable to deal adequately with the problem of municipal 
 government, on the day before its adjournment charged that 
 duty upon the Legislature. Its primary object was to protect 
 taxpayers in the municipalities against abuses on the part of 
 local governing officials, in taxation for local administration, 
 in assessments for local improvements, in the contraction of 
 municipal debts, and in the loaning of municipal credit. 
 
 Those evils had already attracted attention, though they 
 were at that time but in the beginning of the monstrous 
 growth to which they have now attained. In the twenty-nine 
 years which have elapsed, the increase of population in this 
 State has been chiefly in the cities and incorporated villages, 
 until, at the census of 1870, those organizations embraced 
 more than two millions, and now about two millions and four 
 hundred thousand of our people. The course of legislation, so 
 far from obeying the injunction of the Constitution, has been 
 mainly in the opposite direction. 
 
120 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Every annual statute book has been largely occupied with 
 enactments favoring the growth of municipal expenditure, 
 involving taxation, assessments, the contraction of debt, and 
 the loaning of credit. The result, so far as the cities of the 
 State are concerned, is shown by an abstract of reports from 
 the twenty-four cities which have been furnished to me by the 
 local officials, and which I herewith transmit to your honorable 
 body. 1 
 
 The aggregate valuation of property in these cities subject 
 to taxation in 1874 was $1,569,535,074. 
 
 The aggregate of city taxation was $36,439,121. 
 
 The aggregate of county and State taxation was $13,990,487. 
 
 The aggregate of taxation was $50,429,609. 
 
 The aggregate debt of these cities was $175,657,267. 
 
 Computing the taxation and debt on the population of 1870, 
 adding 20 per cent for subsequent growth, the city taxation 
 was $15.57, the county and State taxation $5.98, and the 
 aggregate was $21.55 for each inhabitant. The city debt was 
 for each inhabitant $75.80. 
 
 It must be borne in mind that the proportion of the assessed 
 valuation of real estate to its actual value is fixed in these 
 reports according to a standard from which there is now a 
 large reduction. The average of the assessment is 55.43 per 
 cent of the true value. If the recent fall in marketable values 
 be estimated at one third, the rate of the assessed valuation 
 would be 80 per cent of the actual value. It may be presumed 
 that the values stated in these reports have reference to real 
 property. No allowance is made for the under-valuation of 
 personal property. It is probable that in many instances the 
 taxation imposed upon property in cities has been from one 
 quarter to one third, and by the decline of rents is now one 
 third, and sometimes reaches one half the income of real estate. 
 In 1853, when the population of the United States numbered 
 twenty-five millions, the whole cost of its government was 
 under fifty-five millions of dollars. It will be seen that less 
 
 1 See tables on pp. 136, 137. 
 
1875.] MUNICIPAL REFORM MESSAGE. 121 
 
 than two millions and a half of inhabitants of the cities of New 
 York pay nearly as much taxation as was imposed on twenty- 
 five millions about twenty years ago, for the cost of the army, 
 navy, Indian treaties, and all other expenses of the General 
 Government. 
 
 As I remarked in my Annual Message, " in the decade 
 beginning July 1, 1865, the people will have paid in taxes, 
 computed in currency, seven thousand millions of dollars. 
 Three fifths were for the use of the Federal Government, and 
 two fifths for the State and municipal governments. It is 
 doubtless true that some portions of the municipal expenditures 
 were for objects not strictly governmental ; but it cannot be 
 questioned, that much too large a portion of the whole net 
 earnings of industry and of the whole net income of society 
 is taken for the purpose of carrying on government in this 
 country. The burden could more easily be borne when values 
 were high and were ascending. As they recede toward their 
 former level, the taxes consume a larger quantity of the 
 products which have to be sold in order to pay them. They 
 weigh with a constantly increasing severity upon all business 
 and upon all classes. They shrivel up more and more the 
 earnings of labor. This condition of things ought to admonish 
 us, in our respective spheres, to be as abstinent as possible in 
 appropriations for public expenditures. If the cost of govern 
 ment in our country were reduced, as it ought to be, one third, 
 it would still be larger than a few years ago, taking account of 
 the prices of the products which, in order to pay that cost, we 
 are compelled to convert into money." 
 
 The burdens upon taxpayers in cities are exhibited in various 
 ways. Bills for relief by the temporary funding of 
 
 J J Consequences. 
 
 floating debts ; bills authorizing loans to carry on 
 or complete permanent improvements ; frequent appeals from 
 taxpayers against the measures of local officials, so numerous 
 that it is quite impossible to arbitrate intelligently between the 
 contending parties, are among the incidents of the times. 
 The choice between the opposite evils which such cases pre- 
 
122 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 sent, is often difficult, and the result unsatisfactory. Works by 
 the localities, as by the State, which ought not to have been 
 undertaken, or which are on a scale too expensive or extrava 
 gant, are advanced so near to completion that it is not expedi 
 ent to refuse the means to finish them, or not proper to overrule 
 the local officials without a more intelligent and assured per 
 sonal judgment than is possible. It will not do to enforce the 
 rule that loans for permanent improvements shall be accompa 
 nied by a sinking fund in many cases where there was no notice. 
 But I have refused to sanction a bill diverting funds raised by 
 permanent loan, and not needed for its original purpose, to cur 
 rent expenses, and I have insisted that in funding floating debts 
 the loans should be merely temporary until the deficiency could 
 be provided for by taxation. 
 
 It has been impracticable at once to inaugurate a better sys 
 tem. The whole subject requires a careful and thorough inves 
 tigation, and the adoption of a fixed policy which shall be known 
 to the people and to which they shall conform. 
 
 It is but just to the present Legislature to say, that the three 
 
 bills which it adopted with great unanimity, pro- 
 Judicial remedies. ,,.., ,. ../, , jw> ,. 
 
 vidmg^judicialj:emedies against frauds, affecting 
 the public moneys or property, are of more value for the re 
 pression of the evils of municipal government than all the leg 
 islation which has taken place during the twenty-nine years in 
 which the mandate of the Constitution in respect to municipal 
 administration has remained unexecuted. It is true they reach 
 abuses only when extravagance and improvidence degenerate 
 into bad faith or fraud ; but they apply to every official of every 
 city, as well as to all State, county, and town functionaries. 
 They apply to every case in which a city official shall, with 
 intent to defraud, wrongfully obtain, receive, convert, pay out, 
 or dispose of any public moneys, funds, credits, or property. 
 They apply to every case in which such an official shall, with 
 like intent, by wilfully paying, allowing, or auditing any false 
 or unjust claim, or in any other manner or way whatever, aid 
 or abet any other person in wrongfully obtaining, receiving, 
 
i8;s-] MUNICIPAL REFORM MESSAGE. 123 
 
 converting, paying out, or disposing of any public money, funds, 
 credits, or property. They apply also to every person who, 
 dealing with any official, shall, with intent to defraud, wrong 
 fully obtain, receive, convert, pay out, or dispose of any such 
 money, funds, credits, or property. They sweep away the com 
 plicated technicalities by which conviction for such offences 
 has hitherto been embarrassed or defeated. 
 
 One of these acts provides for every such offence penalties 
 adequate to its enormity, in imprisonment in the State prison 
 for not less than three nor more than ten years, and a fine not 
 exceeding five times the amount of the loss resulting from the 
 fraudulent act. Another provides for the arrest of the person 
 and the attachment of the property of the wrong-doer. The 
 third of these acts provides for the contingency that the local 
 governing officials shall be able to exercise influence over the 
 officer whose duty it would be to order an action for redress of 
 such a wrong, or whose duty it would be to conduct the suit, 
 or where a local influence might be exercised upon the judi 
 ciary ; and enables the injured taxpayer to appeal to the State ^ 
 for relief, and gives a method of procedure both rapid and 
 effective: 
 
 These laws, when they come to be generally known to the 
 people, cannot fail to exercise a very salutary restraint upon 
 all official persons. They afford a system of remedies hitherto 
 unknown in our jurisprudence, which for their special pur 
 poses may well be deemed comprehensive, complete, and 
 effective. 
 
 Additional measures of remedy and restraint can, no doubt, 
 be devised in the legislation for local govern- Additional meas- 
 ment. The taxpayers should be invested with l 
 powers of association and organization for the purpose of inves- ^ 
 tigating the doings of their local officials and enforcing pub- 
 licity, and for the purpose of instituting suits in the courts to 
 restrain and redress public wrongs, without having recourse to 
 the ultimate resort designed for great cases, in an action by the 
 State. They might also be endowed with capacity to take and 
 
124 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 x - execute contracts for public work under the supervision of and 
 on the plans fixed by the municipal officers. There is no 
 reason, for instance, why the persons taxable for the improve 
 ment of a street should not be allowed to associate, and by 
 their own agents execute the work for which they pay. 
 
 Even then a still broader field opens for measures of reform. 
 To define the powers of the local governing officials in matters 
 of expenditure, taxation, and assessment, .and to create an effec 
 tual responsibility of those officials to the voters of the locality, 
 to establish official accountability on their part, to adopt the 
 machinery most favorable to good administration, these are 
 the objects which concern 2,400,000 of our people more deeply, 
 perhaps, than any other question of administration that invites 
 the public attention. 
 
 The duty of the State to establish constitutional provisions 
 and to enact laws protecting, as far as practica- 
 
 Duty of the State. 
 
 ble, the inhabitants of cities from abuses of mal 
 administration committed by the local governing officials, and 
 preserving the rights of individual citizens and of the minority 
 as against the majority, is undeniable. That obligation results 
 from the relations which exist between the State in its collec 
 tive capacity and the local divisions of the State, and between 
 the State and the local officers. In the theory of our civil 
 polity, the sovereignty of the State, subject only to the grants 
 it has made to the Union, resides in the aggregate people of 
 the whole State. All powers vested in the cities and incorpo 
 rated villages and in the municipal officers, and all powers 
 vested in county and town officers, are theoretically delegations 
 from the people, made by the Constitution or by laws author 
 ized by and enacted in pursuance of the Constitution. At the 
 same time their utility for the purposes of local administration 
 is so recognized by the sentiments of our people that it has 
 come to be justly considered as an obligation to make them 
 and a right to receive them. 
 
 The powers intrusted by the State to the local officials are 
 ^administrative, special, and for local objects. In the most 
 
i8;5-] MUNICIPAL REFORM MESSAGE. 125 
 
 completely developed municipality they embrace the care of 
 police, health, schools, street-cleaning, prevention of fires, 
 supplying water and gas, and similar matters most conven 
 iently attended to in partnership by persons living together in 
 a dense community, and the expenditure and taxation money 
 for these objects. The rights of persons, property, and the 
 judicial systems instituted for their preservation, general 
 legislation, government in its proper sense, these are vast 
 domains which the functions of municipal corporations and 
 municipal officers do not touch. -^ 
 
 The first Constitution of this State, formed in 1777, provided 
 for the appointment and removal of all local offi- p rofrress O f i oca i 
 cers by a council composed of the governor and self -s vernment - 
 four senators chosen every year by four subdivisions of the 
 Assembly. The system continued until it involved the selec 
 tion of fifteen thousand officers, civil and military, when 
 our population was but one third of its present magnitude. 
 Every year assembled in Albany, from all parts of the State, 
 candidates and their friends for a general scramble. The 
 strifes of parties were intensified by personal selfishness, and 
 aggregated in a single centre. The evils of the system contri 
 buted to the calling of a Convention which formed the Consti 
 tution of 1821. 
 
 That instrument substituted election by the people of the 
 localities or appointment by the local authorities, in respect to 
 a large share of the local officers. The question of how to 
 disperse the appointing power, and yet preserve accountability 
 to the State, was very thoughtfully considered by the foremost 
 statesmen. Its solution was found in a device proposed by 
 Daniel D. Tompkins, which was to separate the power of ap 
 pointment from the power of removal. The case of the sheriff 
 excited the most solicitude, and was elaborately discussed. It 
 was disposed of by giving the election to the people of the 
 county, but reserving to the State the power of removal for 
 cause, to be exercised by the governor. The same method was 
 applied to county clerks. 
 
126 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 The Constitution of 1846 extended the system to district 
 attorneys and coroners. It has been applied by constitutional 
 provision or by statute to many other cases, and is now in 
 operation as to the principal officers of the counties, probably 
 embracing five hundred in number. A procedure has grown 
 up in the nature of a summary trial. 
 
 The Convention of 1846 carried much farther its dispersion 
 of the power of choosing local officers. It even allowed an 
 election by districts of judges of the Supreme Court having 
 general State jurisdiction ; but it provided that they should be 
 removable by impeachment, and also by the two Houses of the 
 Legislature. County judges, surrogates, and all other judicial 
 officers elected within the county, and all commissioned offi 
 cers of the militia who are elective, were made removable by 
 the Governor and Senate. Indeed it is a characteristic pecu 
 liarity of the present Constitution to distinguish between the 
 power of electing or appointing an officer and the power of 
 holding him to an account. In the words of my Annual Mes 
 sage, " it is while dispersing the one to the localities to 
 reserve the other to the State, acting by its general repre 
 sentatives and as a unit; to retain in the collective State a 
 supervisory power of removal in addition to whatever other 
 accountability may result to the voters or authorities of the 
 locality from the power to change the officer at the expiration 
 of his term or from special provisions of law. The two ideas 
 are not incompatible ; on the contrary, each is the complement 
 of the other. Such dispersion of the appointing power has 
 become possible only because these devices have been invented 
 to preserve accountability to the State." 
 
 Through all our constitutional history the tendency has been 
 to enlarge the power of localities in the management of such 
 local affairs as are usually intrusted to their administration. 
 This policy has been developed not merely by conferring the 
 power of local election or of appointment by local authority of 
 the officers on whom the duties of local administration are con 
 ferred, but also by the gradual enlargement of those duties. 
 
I875-] MUNICIPAL REFORM MESSAGE. 127 
 
 The political philosophy which has inspired this policy is 
 founded on the theory that the individual is the 
 best judge of whatever concerns himself exclu 
 sively. It aims to enlarge the domain of the individual conscience 
 and judgment as much as practicable, and to limit and simplify 
 the action of the government in the affairs of individuals. A 
 deduction from this philosophy is that where individuals are 
 associated in a city or in an incorporated village, or even in 
 those subdivisions of the State that are termed in the law quasi 
 corporations, there are certain powers of administration, mainly 
 concerning the individuals so associated, which may be safely 
 intrusted to their management under a proper organism, and in 
 which they will be the best judges of the measures most wise 
 and most adapted to their actual condition. The development 
 of this system belongs to the sphere of practical government, 
 and is to be worked out progressively. Of the general truth of 
 the theory and of the wisdom of this system I entertain no 
 doubt ; and I have always endeavored to promote its wise 
 application, and to try, by its principles, the measures which 
 have been presented in its name. 
 
 The essential conditions of local self-government, or home 
 rule, in respect to those powers of administra- 
 
 ,. , . , . , , , , ,, , ,., Its conditions. 
 
 tion which are intrusted to the locality are, 
 
 1. That there be an organism under which the elective power s 
 of the people can act conveniently and effectively, and can exer 
 cise an actual control at one election over those who represent 
 
 it in the local administration. 
 
 2. That in voting upon the administration of local affairs, 
 the popular attention and the popular will be freed, as far as 
 possible, from disturbing elements, especially from complications 
 with State and National politics. 
 
 The ancient system, which exists in the country and worked 
 well in New York for a generation, by which municipal elec 
 tions were held at a time intermediate of the annual State and 
 National elections, has always commended itself to my judgment 
 as of great utility and value. 
 
128 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 3. That the popular will, as declared at the elections, should 
 , be protected, as far as possible, from the effects of undue concen 
 tration of power, patronage, and the means of corrupt influence. 
 
 4. That while the responsibility of public officers to the vot 
 ing citizens be made effective, and they be made amenable to 
 the taxpayers of the locality through the courts, accountability 
 to the State be preserved through regular methods, so that the 
 existence of such appeal of the minority and of individuals 
 against the wrongs of governing officials will render unneces 
 sary and inexcusable the frequent legislative interventions 
 which have practically destroyed all self-government, created 
 more local mischief than they have remedied, and have grown 
 to be prolific of abuse and corruption in the legislative bodies. 
 
 So far from official accountability in regular forms being an 
 \ abridgment of local self-government, it is the foundation on 
 which this system can alone be built up. Arbitrary or irre 
 sponsible power finds no place in our popular system of govern 
 ment. The public officers are the trustees of the people. The 
 majority are trustees for the whole, for the minority, and for 
 each individual. At the present time the Senate and Assembly 
 and the governor are largely occupied by attention to measures 
 which are in the nature of appeals from the local administrative 
 officials. Legislation is daily asked for, not merely for the 
 purpose of enlarging or modifying the powers of those officials 
 according to the local wants, but for overruling their judgment, 
 correcting their errors, and redressing their wrongs. The 
 granting or refusing of such legislation often involves questions 
 of extreme difficulty, to investigate and decide the merits of 
 which is quite beyond the power of the legislative bodies or the 
 governor, especially in the multitude of topics that accumulate 
 in the closing weeks of the session. 
 
 The most instructive chapter on the subject of municipal 
 Experience of government which is to be found in our civic 
 the metropolis. history i s the experience of our great metropolis, 
 which stands so conspicuous, not only in this State, but through 
 out the Union and before the world. 
 
1875.] MUNICIPAL REFORM MESSAGE. 129 
 
 As great cities are rapidly growing up in other parts of the 
 State, we may study that experience with advantage. Anterior 
 to the Constitution of 1846 the practical governing population 
 of this State was agricultural, and comparatively little attention 
 had been paid to municipal government. In that instrument, 
 while county and town systems received comparative protection, 
 the charters of cities and incorporated villages were left almost 
 absolutely within the control of the Legislature. 
 
 The city of New York had gone on under a simple popular 
 government which had many elements of great 
 
 . _, Charter of 1830. 
 
 value. Substantially, the administration was 
 conducted by the mayor and two boards of the common council, 
 their committees, and the officers appointed by them. The 
 elections were separate, were held in the spring of the year, 
 and were annual. Popular opinion easily became effectual in 
 controlling the policy of government. A political revolution 
 was frequently produced by the charge of excessive expenditure 
 on the part of the city government. The liability to change 
 and the exposure to publicity made any elaborate and prolonged 
 plans of plunder unsafe, if not impossible. It is not meant that 
 the deterioration that afterward ensued is to be ascribed wholly 
 to the new methods of government adopted. 
 
 Doubtless important changes have occurred in the conditions 
 under which the municipal government is carried 
 
 Injurious changes. 
 
 on. Changes in the population ; a loss ot the / 
 
 habit of acting in city affairs, resulting from the inability to act 
 with effect during twenty years in which the elective power of 
 the people has been nugatory ; decay of civic training ; forced 
 exclusion and voluntary withdrawal from participation in local 
 government for a generation ; the absorption of the public atten 
 tion in the controversies of national politics, leading to an 
 almost total neglect of the questions of administration on which 
 the competitions of politics formerly turned ; the vast dispro 
 portion in the numerical strength of parties formed on sec 
 tional questions, these are causes which make the machinery 
 of popular government work less favorably than before. But 
 
 VOL. II. 9 
 
130 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 it cannot be doubted that various changes, originating in a 
 false theory of government and continuing through a series of 
 years, by which the legislative power was very much weak 
 ened, and the spending officers became not only exempt from 
 any regulation by the legislative bodies and practically irre 
 sponsible, but by means of their patronage acquired practical 
 control in the government, and a complexity of system by which 
 the elective power of the people became ineffectual, were steps 
 in a downward progress. 
 
 The abuses and wrongs of the local administration which 
 interference with found no redress generated a public opinion 
 local government. un( j er w hich appeals were made, in the name of 
 reform, for relief to the legislative power at Albany ; and it was 
 found that an act could be easily contrived whereby one official 
 could be expelled from office, and, by some device, a substitute 
 put in his place. It was found likewise that the powers of an 
 office could be withdrawn and vested in a different officer or in 
 a commission, the selection of which could be dictated from the 
 State Capitol. 
 
 It is the experience of human government that abuses of 
 power follow power wherever it goes. What was at first done, 
 apparently at least, to protect the rights of the minority or of 
 individuals, what was first done for the sake of good govern 
 ment, came in a little time to be done for the purposes of inter 
 ested individuals or cliques. Differing in politics as city and 
 State did, party selfishness and ambition grasped at patronage 
 and power, and the great municipal trust came to be the traffic 
 of the lobbies. Institutions wholly unfit to answer any use or 
 object of government in a civilized community, and by virtue of 
 their structure capable of nothing but abuses growing into 
 crimes against the communities in which they existed, such as 
 the Board of Supervisors, erected in 1857, came into existence 
 / under the motive power of the division of the spoils, which they 
 partitioned between their contrivers, combining equal numbers 
 from both parties. 
 
 The consummation of this deceptive system was in the 
 
i87S-] MUNICIPAL REFORM MESSAGE. 131 
 
 charter of 1870, which was enacted in the name and under the 
 pretence of restoring local self-government. It 
 
 .-. , ,. Charter of 1870. 
 
 was a long document, lull 01 minute regulations 
 copied from preceding laws ; but its vital force and real object 
 resided in a few sentences. It totally stripped the elective 
 councils of all legislative power, and covered up that design 
 by several pages, in which it enumerated ordinances the coun 
 cils had, from time immemorial, power to establish, but which 
 had never been thought worthy of mention in any previous act 
 of legislation. 
 
 It practically vested all legislative power in the mayor, comp 
 troller, commissioner of public works, and the commissioner 
 of parks. It vacated the offices of the existing incumbents at 
 the end of five days, and provided for the appointment of their 
 successors by the then existing mayor, who was one of the 
 quartet. Every device to make these four officers totally irre 
 sponsible was carefully adopted. The existing law, which had 
 stood for many years, by which the mayor, comptroller, and 
 street commissioner had been removable by the governor, as in 
 the case of sheriffs, was repealed. A restoration of that power 
 of removal as regards the mayor was demanded in the follow 
 ing year, and in 1873 was accorded, with the unanimous consent 
 of both political parties. 
 
 This charter, which practically put in abeyance the elective 
 power of the people of the city of New York for years, and set 
 up an oligarchy of four persons, who, aided by a subsequent 
 amendment, had all powers of expenditure and taxation, of leg 
 islation and administration, over a million people, was enacted 
 under the pretence of restoring local self-government. It was 
 objected at the time that those officers so appointed were to 
 all practical intents and purposes a commission, just as under 
 the system which was to be abolished ; that they were in effect 
 as much appointed by the State Legislature as if their names 
 had been inserted in the law ; and that the elective power of 
 the people was annulled, and rulers were set over them without 
 their consent. 
 
132 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 How unanimously that charter passed, by what barter of the 
 municipal trusts and by what corrupt use of municipal money, 
 and how, within a month, the officers placed by a legislative 
 act, without the intervention of a new election, in supreme 
 dominion over a million of our people, divided up four millions 
 of a pretended audit of six millions, are now matters of his 
 tory. These were the fruits, not of a popular election, not of 
 local self-government, but of the culmination of a system un 
 der which the governing officials had been practically appointed 
 by legislative acts of the State. The device of creating a 
 special appointing power to do what was desired by a clique or 
 party, or was agreed upon beforehand, was not perfectly new, 
 it had been frequently used in a smaller way. 
 
 The contagion of such practices threatens to extend to other 
 cities. If public opinion and the state of the Constitution and 
 laws allow it, the temptation to transfer the contest for offices 
 from the local elections to the legislative halls will arise as 
 often as aspirants are defeated and can expect to recover there 
 what they have lost at home. There is no remedy but in the 
 refusal to give to such devices the sanction of law, until consti- 
 tutional provision shall give permanency to the methods of 
 appointment and removal in municipal governments. 
 
 The charter of 1873, while it contains many provisions that 
 are valuable, still leaves to the heads of depart 
 ments the power to create officers and fix their 
 salaries, a power which no one has ever thought of conferring 
 on the governor or the comptroller of the State, who are properly 
 subject to the specific and minute regulations of law ; and it leaves 
 all the power of levying taxes, spending money, contracting debt 
 to a large extent, and all the powers of legislation in the hands 
 of the mayor, the comptroller, the president of the board of 
 aldermen, and the president of the department of taxes. 
 
 In the hands of every one of the present incumbents we 
 have the satisfaction to believe that the interests of the people 
 are perfectly secure ; but we ought to consider what manner 
 of institutions shall be formed for the long future, with its varied 
 
1875] MUNICIPAL REFORM MESSAGE. 133 
 
 changes of official persons, whether we will continue such 
 vast powers, having no parallel in any government. 
 
 The charter of 1873 sought to shun the defect of the charter 
 of 1870 in respect to removal. It restored the power of the 
 removal of the mayor by the governor ; it provided for the re 
 moval of heads of departments by the mayor, subject to the 
 written approval of the governor, thus establishing an artifi 
 cial check upon an artificial system, aiming to secure inde 
 pendence, except in case of official misconduct, on the part of 
 the members of the body on which it conferred such extraordi 
 nary powers, and shrinking from converting an oligarchical 
 into a despotic system. 
 
 At the present session various propositions have been intro 
 duced, and others have been suggested, for changing the powers 
 and patronage of the city government. None of them have 
 come before me for official action. No comprehensive or well- 
 considered system has been proposed. Hasty and partial 
 changes by laws which, however plausible on their face,* can 
 not be judged of except through an acquaintance with the 
 whole mass of preceding legislation upon which they operate, 
 and likely to produce results not foreseen by their authors, 
 were not desirable. 
 
 In the better times of government and legislation in this 
 State, when the traditions of popular rights were respected, the 
 formation of a charter for a great city was a matter of de 
 liberation, and the people to be affected were fully consulted. 
 Generally a convention of their representatives was held to con 
 sider the matter, and full opportunity was given to discuss and 
 perfect so important an instrument. The people were allowed 
 to elect their chief officers with a knowledge beforehand of the 
 substantial nature of the powers these officers would exercise. 
 The idea of working a total revolution in the depositories of 
 governmental powers by a legislative act, without the inter- 
 vention of an election that should allow the people to say on 
 whom new and vast powers should be conferred, would have 
 been treated as a gross invasion of the rights of the people. 
 
134 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Even in restoring the legislative power to a legislative depart 
 ment of the city government, the new legislature ought to be 
 formed according to the best traditions and the best experi 
 ence of American government; and the people ought to be 
 allowed to choose it at a fresh election, and in contemplation 
 of the new powers conferred, which amount to a new creation. 
 
 I am not inclined to tamper by inconsiderate and fragmen 
 tary legislation with the government of the metropolis or of 
 the other great cities of the State, but I feel profoundly the 
 necessity of attention to the structure, power, and duties of 
 those governments ; and when we do constitute a new system 
 I am anxious that it should answer the just expectations of 
 the people. There is no subject which to-day interests them 
 more deeply ; no subject more complicated or more difficult 
 of solution; none which requires more thoughtful attention, 
 more thorough discussion, to mature results with which we 
 shall be satisfied in future years. There is no case in which 
 it is* more your duty and mine to say to those who seek 
 changes : " You must found your claim to the advantages 
 of political and official power upon the best promise of good 
 government in the nature of the institutions you propose. 
 You must accept official accountability as a condition of 
 official trust." 
 
 I have set forth some of the evils which have followed the 
 violation of sound principles of government in the city of New 
 York, not only to show the wrongs to which the people of 
 that municipality have been subjected, but also to illustrate the 
 dangers which threaten other cities, unless we can fix sound 
 principles in the minds of our people and make them operative 
 in the legislative bodies or intrench them in the Constitution. 
 / The people comprised in the cities of the State, exclusive of 
 New York, are to-day more numerous than the inhabitants of 
 the metropolis. They form a larger portion of the population 
 of the State. This is exclusive of the incorporated villages. 
 / If local self-government or home rule is to be secured to 
 them, and they are to be protected from the abuses which 
 
1875.] MUNICIPAL REFORM MESSAGE. 135 
 
 naturally happened earlier in New York, it must be done by 
 the establishment of a general system which shall be re 
 spected by the people and by their representatives. The Leg 
 islature is burdened by numerous applications for changes 
 in local laws, the operation of which on the pre-existing mass 
 of legislation cannot easily be ascertained. This obscurity 
 is often a cover under which the objects of selfish individuals 
 or cliques or partisan purposes are concealed. Every revolu 
 tion of politics in the locality or in the State is followed by 
 efforts to change the governing power or to effect a new 
 disposal of offices and patronage in the locality. Such de 
 moralizing efforts could not readily be effectual if well-defined 
 principles of government pervaded all municipal charters. 
 Diversities will no doubt continue to be unavoidable ; but the 
 Advantages of general laws over special legislation now recbg- ^ 
 nized in our political theories and_maxims should be extended 
 as far as practicable to our city governments. Whatever 
 can be accomplished by legislation to correct the evils growing 
 out of the discordant charters which now exist, and to infuse 
 into them general principles that shall become a guide to future_ 
 legislation, ought to be done. But the only effectual remedy is 
 in an amendment of the Constitution fixing the general plan 
 of municipal government, especially in respect to the appoint 
 ing power, and at the same time establishing onja durable 
 
 With a view of calling public attention to this subject and 
 of laying the foundation of a plan of legislation and of con 
 stitutional amendment, I recommend the ^appointment of a 
 commissij3n_who shall report to the next Legislature the 
 forms of such laws or constitutional amendments as are re 
 quired. If you do not think it advisable to constitute such a 
 commission, the revisers of the statutes might be instructed 
 to collate and report upon the condition of the laws relating 
 to the cities, in aid of future action by legislation or 
 constitutional amendment. 
 
136 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1875. 
 
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XXXIX. 
 
 AT the fall election, when Mr. Tilden was chosen governor, 
 the people also ratified an amendment to the State Constitu 
 tion which conferred upon the governor, in addition to his 
 former power of vetoing a whole bill, a power to veto or with 
 hold his assent from any one or more items of an appropriation 
 bill, while approving of the rest. The following veto-messages 
 and memoranda were the first delivered or filed under this 
 constitutional amendment. 
 
VETO-MESSAGES IN 1875. 
 
 EXECUTIVE CHAMBER, ALBANY, April 12, 1875. 
 To the Senate. 
 
 I RETURN herewith, without my approval, Senate Bill No. 27, 
 entitled " An Act to change the name of the Black River Insur 
 ance Company of Watertown, New York." 
 
 It may perhaps be questionable whether a corporation is a 
 person within the meaning of the first subdivision of Section 18 
 of Article III. of the Constitution ; but it seems to me plain that 
 the object sought to be accomplished can as well be attained 
 either by an amendment to Chapter 822 of the Laws of 1870, 
 authorizing corporations to change their names, or by a general 
 act specially applicable to insurance corporations. 
 
 EXECUTIVE CHAMBER, ALBANY, April 12, 1875. 
 To the Senate. 
 
 I return herewith, without my approval, Senate Bill No. 67, 
 entitled " An Act for continuing and regulating a ferry across 
 the Hudson River in the town of Phillipstown, in the County 
 of Putnam." 
 
 This Bill authorizes the Garrison and West Point Ferry 
 Company to maintain a ferry between Garrison Station and the 
 West Point Dock, and prohibits all other persons from convey 
 ing passengers or goods for hire across the river between any 
 point on either side within half a mile of a line drawn from the 
 ferry slip at Garrison to the West Point Dock, under a penalty 
 of five dollars for each offence. 
 
140 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 It seems to me plain that this Bill is in conflict with the pro 
 vision of Section 18 of Article III. of the Constitution, which 
 prohibits the Legislature from passing any private or local bill 
 granting to any private corporation, association, or individual 
 any exclusive privilege, immunity, or franchise. 
 
 EXECUTIVE CHAMBER, ALBANY, April 15, 1875. 
 To the Senate. 
 
 I return herewith, without my approval, Senate Bill No. 109, 
 entitled " An Act to amend an Act entitled an Act to author 
 ize the consolidation of certain railroad companies, passed May 
 20, 1869." 
 
 Section 1 of the Act sought to be amended authorizes any 
 railroad corporation incorporated under the laws of this or any 
 other State, operating a railroad or bridge wholly or partly 
 within this State, to consolidate with any other railroad com 
 pany organized under the laws of this or any other State, where 
 the two railroads will form a continuous line. 
 
 The Bill now before me proposes to amend that section so as 
 to authorize any railroad corporation organized under the laws 
 of this State or of the State of Pennsylvania, either operating 
 or constructing a railroad or bridge wholly or partly within the 
 State, to consolidate with another company formed under the 
 laws of this State or of the State of Pennsylvania. 
 
 This amendment is doubtless proposed to meet a special case, 
 so as to allow the consolidation of two corporations, although 
 the roads of neither are in operation ; but it restricts the opera 
 tion of the existing statute so as to prevent the consolidation 
 of two railroad corporations, although the roads of both are in 
 operation, unless each of such corporations was organized under 
 the laws of this State or of the State of Pennsylvania. 
 
 I am unable to see any good reason for such a discrimination 
 between railroad corporations of the State of Pennsylvania and 
 those of other contiguous States. 
 
1875.] VETO-MESSAGES IN 1875. 141 
 
 EXECUTIVE CHAMBER, ALBANY, April 21, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill No. 
 172, entitled " An Act to authorize the increase of the capital 
 stock of the Richmond County Storage and Business Company." 
 The Company named in the title of this Bill was incorporated 
 by Chapter 684, Laws of 1870, with a capital of one hundred 
 thousand dollars, with power to increase the same to five hun 
 dred thousand dollars. 
 
 I am informed that this corporation has never done any 
 business under its charter, or exercised any of the powers 
 thereby conferred upon it, except that it has perfected its 
 organization. The primary object of this Company is " to re 
 ceive on storage or deposit any goods, wares, merchandise, or 
 property for safe-keeping or shipment, and to make advances 
 thereon or on the pledge thereof, to transact all kinds of busi 
 ness usually done by warehousemen and lightermen, and to 
 collect dockage, wharfage, storage, and lighterage for the use 
 of their property and the machinery connected therewith, or 
 the lighters employed by them ; " but it is also authorized by 
 its charter to " guarantee the payment of promissory notes, 
 bills of exchange, bonds, accounts, claims, annuities, mort 
 gages, choses in action, and evidences of debt, and the punctual 
 performance of all contracts and obligations upon such terms 
 as are allowed by law ; " and also " to receive and take the man 
 agement, charge, or custody of real or personal property and 
 choses in action;" and to " advance moneys, securities, or credits 
 thereon on such terms as are allowed by law," whether such se 
 curities, contracts, or property have any connection or relation 
 to the business of storage, dockage, or lighterage, or not. 
 
 The Bill now before me authorizes the increase of the capital 
 stock of the Company to the extent of one million dollars. I 
 cannot sanction any increase of the capital stock of a corpo 
 ration whose powers are so diverse and extensive. On the 
 other hand, I recommend the modification or repeal of its 
 charter. 
 
142 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 EXECUTIVE CHAMBER, ALBANY, May 3, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill No. 
 375, entitled " An Act to amend Section 10 of Chapter 830 of 
 the Laws of 1873, entitled an Act to legalize the adoption of 
 minor children by adult persons." 
 
 The Act of 1873, which the Bill proposes to amend, defines 
 the adoption for which it provides as a " legal act whereby an 
 adult person takes a minor into the relation of a child, and 
 thereby acquires the rights and incurs the responsibilities of a 
 parent in respect to such minor." It prescribes the method 
 whereby the adoption is to be accomplished ; concerning which 
 it is only necessary to say here, that if the child is upward of 
 twelve years of age, his consent is required ; that the consent 
 of parents is also required, but if both parents are dead, or the 
 survivor has been guilty of certain acts of misconduct specified 
 in the Act, or is incompetent to consent, it is sufficient to pro 
 cure the consent of " an adult person having the lawful custody 
 of the child;" that the persons required to consent are to ap 
 pear before the county judge, who, if he is satisfied that " the 
 moral and temporal interests of the child will be promoted by 
 the adoption," must make an order " directing that the child 
 shall be regarded and treated in all respects as the child of the 
 person adopting." Then follows the tenth section, declaring 
 that the child and the person adopting " shall sustain to each 
 other the legal relation of parent and child, and have all the 
 rights and be subject to all the duties of that relation except 
 ing the right of inheritance, except that, as respects the passing 
 and limitation over of real and personal property, under and by 
 deeds, conveyances, wills, devises, and trusts, said child adopted 
 shall not be deemed to sustain the legal relation of child to the 
 person so adopting." 
 
 The Bill now returned proposes to strike out all of the tenth 
 section after the word " relation," so that the adoption will 
 thenceforth have precisely the same legal effect as if the child 
 and the person adopting were parent and child by blood. 
 
1875-1 VETO-MESSAGES IN 1875. 143 
 
 The exceptions created by the provisions proposed to be 
 stricken out are of two different descriptions. 
 
 The first prevents the application to the relation by adoption 
 of the rules of law regulating the descent of real property and 
 the distribution of personal property. If the only effect of 
 striking out this exception would be to enable the adopted child 
 to inherit or take as next of kin from the parent adopting in 
 like manner as a child by blood, the change might be unobjec 
 tionable. It would generally be only carrying out the presumed 
 intent of the person adopting in entering into the relation. 
 Whether the child would be entitled to inherit from the col 
 lateral relatives of the parent adopting, is a very grave and 
 doubtful question, which ought to be settled by the statute. 
 But it is certain that the rules of descent and of distribution, 
 as between the parent adopting and the child, would work both 
 ways, that the parent would inherit from the child as well as 
 the child from the parent. It appears to me manifestly unjust 
 and inexpedient to provide that the adopting adult shall inherit 
 and take as heir and next of kin from the adopted minor. If 
 the law should be thus changed, an unprincipled or even a 
 selfish man or woman, notwithstanding the guards thrown 
 around the child by the statute, might easily, in many cases 
 which may be suggested, cause all the forms of the statute to 
 be complied with in such a manner as to adopt as his own child 
 a rich orphan minor for the purpose of inheriting from him. 
 If the child is under twelve years of age the adopting parent 
 may be substituted as his heir and next of kin, if this Bill be 
 comes a law, without his consent ; and even supposing that the 
 consent of a child of upward of twelve years ought to carry 
 any moral or legal weight in a question of property, it would 
 be irrevocable till he attains majority, and then only by means 
 of the positive act of making a will. On the other hand, on 
 the next day after the adoption, the adopting parent may by a 
 will cut off the child from any share in his property. But 
 apart from this consideration, the proposed Bill would thus 
 operate unjustly; it would, in case of the death of a child 
 
144 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 before attaining the age when he can make a will, or after that 
 age if he die intestate, cut off his natural heirs and next of kin, 
 who might be his own infant brothers and sisters by blood. 
 The Legislature ought not to enable a child who has not legal 
 capacity to make a will, to change the course of succession to 
 its real and personal property by means of a legal proceeding 
 taken by him in connection with interested strangers ; still less 
 ought the State to allow such a change to be effected by the 
 act of strangers alone. 
 
 The second exception which this Bill proposes to strike out 
 prevents the fictitious relation of parent and child created by 
 the adoption, from affecting the passing and limitation over 
 of real and personal property. This qualification was also 
 inserted for the protection of third persons ; its effect is to 
 prevent the intent of a testator or grantor of property from 
 being defeated in consequence of the adoption by the diversion of 
 the property from the direction which he intended. The clause 
 operates in both ways, it prevents a diversion of property 
 limited over after the death either of the adopting parent or of 
 the adopted child, and in either aspect it is eminently just and 
 proper, and should be retained. From the nature of the case, 
 the person who creates an intermediate estate with a limitation 
 over does not intend that the holder of the intermediate estate 
 shall absolutely dispose of it. He generally means that it shall 
 go to his own blood, and his intention is defeated if a stranger 
 is interposed. For instance, a testator leaves an estate to his 
 son for life, with remainder to the children of the son, or, in 
 default of such heirs, to another son and the latter s children. 
 The first taker, having no children, adopts a child under this 
 Act, perhaps in consequence of a family quarrel, and for the 
 express purpose of disappointing his brother s children. Can 
 there be any doubt that the testator s intent is defeated ? The 
 consequences which would ensue if the child adopted was the 
 holder of the lesser estate are of the same general character. 
 Again, the abrogation of the exception now under consideration 
 may work an injury to the adopted child by depriving him of 
 
i875-] VETO-MESSAGES IN 1875. 145 
 
 an estate limited to him as the child or an heir of his parent 
 by blood. It would at all events raise a difficult question for 
 decision by the courts. 
 
 The Bill is unnecessary for any purpose, except to protect the 
 adopted child of a person neglecting to make a will. Though 
 there might be a certain small convenience in providing by 
 law against such an oversight or neglect in such a possible 
 case, the motive is totally inadequate to call for or justify a 
 fundamental change in the laws which define the relations 
 of kindred, and their rights in respect to property. 
 
 The rules of our customary jurisprudence which regulate 
 these relations and the rights of property incident to them are 
 the gradual growth of many centuries, and have become a 
 refined and complicated system, adapted by the best intellects 
 to the wants of our society in the infinite diversity of conditions 
 which experience has developed. Such a change as is proposed 
 by this Bill would be likely to produce many consequences not 
 foreseen by its projectors, and should not be adopted without 
 a consideration and discussion to which it has not been sub 
 mitted. The people have become acquainted with the laws 
 which have existed from time immemorial, and are accustomed 
 to act with reference to them. A deviation to meet a special 
 and peculiar instance may be worked out by affirmative acts. 
 It would be unwise, in order to accommodate such a case, to 
 enact a revolution of legal rules which would require a series 
 of affirmative acts to produce the results which the people are 
 accustomed to regard as a matter of course. 
 
 EXECUTIVE CHAMBER, ALBANY, May 3, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill No. 
 262, entitled, " An Act supplementary to Chapter 200, Laws of 
 1874, entitled an Act to authorize the appraisal and sale of 
 leased fine salt lots on the Onondaga Salt Springs Reservation 
 by the Commissioners of the Land Office, and authorizing the 
 
 10 
 
146 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 Commissioners of the Land Office to exchange lands on said 
 reservation." 
 
 The constitutional provision regulating the lands owned by 
 the State contiguous to the salt springs is as follows : 
 
 " The Legislature shall never sell or dispose of the salt springs 
 belonging to this State. The lands contiguous thereto, and which 
 may be necessary and convenient for the use of the salt springs, 
 may be sold by authority of law and under the direction of the 
 commissioners of the land office, for the purpose of investing the 
 moneys arising therefrom in other lands alike convenient ; but by 
 such sale and purchase the aggregate quantity of these lands shall 
 not be diminished." 
 
 The first section of this Bill reads thus : 
 
 " If any lands heretofore acquired by the State on the Onondaga 
 Salt Springs Reservation as lots on which to manufacture fine salt, 
 shall have been so acquired by gift or grant, without compensation 
 to the original owner or owners thereof by the State, and if the 
 commissioners of the land office and the superintendent of the 
 Onondaga Salt Springs shall at any time determine and officially 
 certify that any of said lots are no longer necessary for the purpose 
 of manufacturing fine or boiled salt thereon, the commissioners of 
 the land office shall not sell the same, but may in their discretion 
 reconvey, without cost to the State, such lot or lots to the original 
 owner or owners, their heirs or assigns, without cost or expense to 
 the State, and discharged from all obligation, expressed or implied, 
 on the part of the State to furnish said lot or lots with salt water 
 from the public pumps." 
 
 The words " gift or grant without compensation " will be 
 construed to mean a conveyance for which no money has been 
 paid by the State. The lands may, however, have been con 
 veyed in consideration of advantages to the grantors other than 
 the receipt of money. It may have been greatly for their 
 interest to convey these lands to the State, and to take back 
 leases with " the obligation on the part of the State to furnish 
 said lot or lots with salt water from the public pumps." It 
 can hardly be believed that the lands were given to the State 
 in pure generosity, with a view simply to increase the public 
 domain. Their former owners converted them from private 
 
1875.] VETO-MESSAGES IN 1875. 147 
 
 lands into State lands in order to reap some benefit from this 
 change of title ; and this benefit they have no doubt enjoyed. 
 There is probably no more reason why the State should give 
 away these lands to their former owners than to any one else ; 
 nor any more reason why it should give them away at all, than 
 any other property it owns. 
 
 The Constitution provides that these lands may be sold, not 
 given away ; that they may be sold only for the purpose of invest 
 ing the proceeds in other lands ; and that the aggregate of these 
 salt lands shall not be diminished. The Bill provides that the 
 lands shall not be sold, but may be given away ; there will be 
 no proceeds to be re-invested, and so the aggregate of lands 
 will be diminished. 
 
 The Constitution speaks of the "lands contiguous thereto 
 and which may be necessary and convenient for the use of the 
 salt springs." This Bill, in providing for an official determina 
 tion which is to precede and to be relied on to justify the pro 
 posed reconveyance by the State, requires a certificate only to 
 the effect that " said lots are no longer necessary for the pur 
 pose of manufacturing fine or boiled salt thereon." The lands 
 may, notwithstanding, be necessary arid convenient for coarse 
 salt or for other purposes connected with the manufacture of 
 salt. A reference to Section 44 of Chapter 346 of the Laws 
 of 1859 will show that if the State provide for vacating any 
 leases before their expiration, as it must do if it reconveys the 
 lands and is discharged from all obligation to furnish the lots 
 with salt water, claims are likely to arise against the State for 
 the value of any salt manufactories erected by the lessees 
 thereon. For protection against such claims the Bill makes 
 no provision. 
 
 This Bill is open to the objection that if its purposes are car 
 ried out, wrong is likely to be done to the rights and interests 
 of the State. Moreover it conflicts, in my judgment, with 
 the spirit and intent, if not with the letter, of Section 7 of 
 Article VII. of the Constitution. 
 
148 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 EXECUTIVE CHAMBER, ALBANY, May 3, 1875. 
 To the Assembly. 
 
 I return, without my approval, Assembly Bill No. 199, enti 
 tled " An Act to provide for the recording of certain decrees 
 in partition suits now remaining on file in the office of the 
 Clerk of Onondaga County, and for the alphabetical indexing 
 of certain records of deeds and mortgages in the office of said 
 clerk." 
 
 The first section directs that all decrees making partition of 
 real estate, now on file in the Clerk s office of Onondaga 
 County, shall be recorded. The provision is a very proper one, 
 but it ought obviously to be extended so as to cover as well 
 decrees of partition which may hereafter be filed, as those 
 already filed. The provision, moreover, ought to be general, 
 applying alike to all the counties of the State. 
 
 The second section directs a general alphabetical index to be 
 made of the grantors and grantees in all instruments now 
 recorded in said office affecting real estate. Of the necessity 
 for this work the local authorities are the best judges, and the 
 expense is a charge upon the county. Assuming that the 
 Board of Supervisors have not already, under Section 7 of 
 Chapter 855 of the Laws of 1869, full authority in the prem 
 ises, any law now made on the subject ought to leave it to 
 their discretion to order the work. 
 
 The Legislature now have under consideration a general 
 Bill conferring further powers on the Boards of Supervisors. 
 It would be better in that Bill to give all the authority neces 
 sary in such instances as this, so that matters so obviously 
 of local interest and of local expenditure as this is may not 
 be pressed upon the attention of the Legislature, taking up 
 time which should be given to the general business of the 
 State. 
 
 I feel confident that on reconsideration the Legislature will 
 agree with me in these views. 
 
I875-] VETO-MESSAGES IN 1875. 149 
 
 EXECUTIVE CHAMBER, ALBANY, May 3, 1875. 
 To tT\e Assembly. 
 
 I return herewith, without my signature, Assembly Bill 
 No. 100, entitled "An Act to enable married women to 
 release and to confirm releases of dower and inchoate rights 
 of dower in certain cases." 
 
 The second section of this Bill confirms every release of an 
 inchoate right of dower heretofore made by a married woman 
 during coverture to a person in possession of real property 
 under title derived from the husband, although the husband 
 has not joined in such release ; and the Bill contains no clause 
 saving existing rights, even where an action is actually 
 pending. It is well settled that such a release is absolutely 
 void, in the present state of the law in this State. 
 
 This Bill, therefore, is intended to validate conveyances 
 which are now invalid, and to make releases effectual which 
 are now ineffectual. It is therefore certainly improper, and 
 probably unconstitutional. 
 
 EXECUTIVE CHAMBER, ALBANY, May 5, 1875. 
 To the Assembly. 
 
 I return, without my approval, Assembly Bill No. 470, enti 
 tled " An Act to reorganize the Tillage of Canajoharie." This 
 Bill expressly constitutes the inhabitants of a particular terri 
 tory a body politic and corporate, and is a complete village 
 charter. Although there is at present a municipal corporation 
 covering the same territory and bearing the same name, it 
 seems to me doubtful whether this Bill does not contravene the 
 spirit, if not the letter, of the provision of the Constitution 
 which forbids the passage of a local act incorporating a 
 village. 
 
 It differs in many important respects from the present char 
 ter, and contains some provisions which seem to me objection- 
 
150 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 able. I think these changes should not be made without the 
 approval of the electors of the village, to whom, as I am 
 informed, the Bill has never been submitted. 
 
 EXECUTIVE CHAMBER, ALBANY, May 10, 1875. 
 To the Senate. 
 
 I return herewith, without my approval, Senate Bill No. 160, 
 entitled " An Act to incorporate the Rescue Hook and Ladder 
 Company of Tonawanda, Erie County, New York." 
 
 If the members of this Company wish to become incorporated, 
 they should avail themselves of the provisions of Chapter 397 
 of the Laws of 1873, which provides fully for the incorporation 
 of fire, hose, and hook and ladder companies. 
 
 EXECUTIVE CHAMBER, ALBANY, May 11, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill 
 No. 388, entitled " An Act to regulate coroner s inquests in 
 the City and County of New York, and to provide for the pay 
 ment of services rendered by scientific persons as experts." 
 
 This Bill is so loosely drawn as to open the door to unneces 
 sary and extravagant expenditure, and to the recovery of stale, 
 doubtful, and excessive claims. Some legislation on the sub 
 ject is doubtless desirable ; but a bill providing for the settle 
 ment and payment of demands so indefinite in their nature 
 should contain guards which this Bill does not provide. 
 
 EXECUTIVE CHAMBER, ALBANY, May 17, 1875. 
 To the Senate. 
 
 I return herewith, without my approval, Senate Bill No. 262, 
 entitled "An Act to confirm and legalize certain acts of the 
 Common Council of the City of Elmira." The Bill enacts that 
 a resolution of the common council of the city of Elmira 
 ordering the paving of a street with a special patent pavement, 
 the contract of the mayor under such resolution, and the reso- 
 
I87S-] VETO-MESSAGES IN 1875. 151 
 
 lution of the common council assessing for the expense of the 
 work " are hereby declared valid and legal, and in full force 
 and effect." It then adds that " all official acts of the said 
 common council and mayor," under the said resolutions, " the 
 contract made pursuant thereto, and all acts relative to the 
 ordering and paving " of the street, and " the assessment for 
 the cost and expense thereof," shall be held " valid and legal 
 and in full force and effect." The last clause does not specify 
 what acts it legalizes; it does not confine its operations to 
 acts of the mayor and common council, or of any public offi 
 cer. No part of the Bill specifies the nature of the illegalities 
 which it cures ; it is not limited to informalities or irregulari 
 ties which involve no substantial wrong to individuals and no 
 violation of public policy. If there were surprise, fraud, or 
 corruption ; if there were a total want of jurisdiction ; if there 
 were a breach of a sound public policy which established 
 guards for the protection of private rights against abuses in 
 assessments ; if there were substantial injury and injustice to 
 individuals ; if there were every conceivable wrong possible to 
 occur in such a matter, this Bill, in as sweeping terms as 
 human language can supply, adopts them on the part of the 
 legislative power of the State, strikes out of existence the pri 
 vate rights which have been disregarded, and annuls all judi 
 cial remedies by which they can be asserted or defended. In 
 a similar case, where the language of the Bill was certainly no 
 broader, and where the defects were not alleged to be more 
 than technical or formal, the mayor and other officers of one 
 of our principal cities attended in person to show the great 
 evils that would result if the defects were not cured; but I 
 felt it to be a clear duty to withhold my sanction from a bill 
 expressed in language of dangerous generality. Such loose- 
 legislation is of evil example upon the statute-book, even if it 
 works no actual injustice in the case which is the first prece 
 dent. Those who seek these bills are anxious, to be sure, to 
 make them broad enough for their own present object, and are 
 not concerned as to the possible injury and injustice to others, 
 
152 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 or the evil policy that may inadvertently result. The loosest 
 precedents are most likely to be copied. A bad practice in 
 a few cases grows into an authority. Healing statutes are 
 enacted where public policy would sustain official acts that 
 are invalid by reason of oversight or inadvertence, and some 
 private rights are benefited and none harmed by the confirma 
 tion. On the same principle, instruments executed by private 
 persons are sometimes aided. Out of such precedents has 
 arisen a disposition on the part of municipalities to apply for 
 statutes curing informalities or irregularities in the acts of 
 their officers in respect to local assessments. A natural incli 
 nation to favor their own powers and to fall in with expedi 
 ents which increase the fund at their disposal for expenditure 
 out of the same taxes, tends to enlarge the scope of such bills. 
 Questions between the municipality and particular taxpayers 
 become frequent. Hearings before the governor are asked for. 
 In a recent instance numerous parties and several counsel 
 attended. In the present instance, nine suits were pending 
 when the Bill passed. In such cases, every variety of conflict 
 ing rights and conflicting equities are presented. It is quite 
 clear that such bills, if tolerated at all in cases that are dis 
 puted or in the process of litigation, should show on their face 
 that they are carefully limited in their operation ; that they will 
 not contravene the policy which imposes reasonable restraints 
 for the protection of individual and personal rights of innocent 
 third parties. It is a sufficient objection to the present Bill 
 that it contains none of these qualifications, but is expressed 
 in the broadest terms. But to this objection is added the fact 
 that the several remonstrances of the taxpayers of Elmira 
 allege that substantial wrongs were committed in the assess 
 ment, that jurisdiction was never acquired, that the proceed 
 ings were tainted by fraud and bribery, and that aldermen 
 were interested in the contract, which was thereby rendered 
 void by an express provision of the charter of Elmira. I do 
 not assume that these allegations are true in fact, but I cannot 
 see that those who make them should be cut off from the right 
 
i875-] VETO-MESSAGES IN 1875. 153 
 
 of trying to prove them in the courts, or that the issues they 
 raise ought to be tried in the Executive Chamber. The saving 
 clause in the Bill saves nothing; for the nine suits existing 
 when the Bill was passed, being instituted by the city, have 
 been, as I am informed, or are about to be discontinued, for 
 the purpose of renewing them after the Bill should become 
 a law. 
 
 EXECUTIVE CHAMBER, ALBANY, May 17, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill No. 
 345, entitled " An Act in relation to the Chautauqua Lake 
 Camp-Meeting Association of the Erie Conference of the 
 Methodist Episcopal Church." The corporation named in 
 the title of this Bill is the owner of a large tract of land, a 
 portion of which has been subdivided into lots and leased 
 for long terms to various persons who may or may not be 
 corporators, and who have erected cottages thereon. I am 
 informed that these leases contain no reservation of rent and 
 no provision authorizing any assessment to be made by the 
 corporation upon the leased property for any purpose. This 
 Bill provides that the corporation may levy a tax upon the 
 real and personal property within or upon its grounds for 
 the purpose of paying the salary of a janitor, and improving 
 and protecting the property, not exceeding five hundred dol 
 lars in any one year, unless otherwise ordered by a vote of 
 two thirds of the property holders. It provides for the elec 
 tion of an assessor and a collector ; and the mode of assessing 
 and collecting the tax corresponds generally with that pre 
 scribed for the assessment and collection of town taxes. In 
 my opinion it would be a dangerous innovation for the State 
 to delegate any portion of its taxing power to a private 
 corporation. The object sought to be obtained by this Bill 
 can be better accomplished by an agreement between the 
 persons interested. 
 
154 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 EXECUTIVE CHAMBER, ALBANY, May 17, 1875. 
 To the Senate. 
 
 I return, without my approval, Senate Bill No. 249, entitled 
 " An Act to authorize the Board of Police of the City of New 
 York to grant new trials." This Bill is objected to by every 
 member of the Board and by the experienced officers of the 
 police. Their unanimous judgment has been communicated to 
 me, that if it become a law, it will seriously impair the disci 
 pline of the police force, on the efficiency of which the good 
 order of the metropolis depends. It is said to have been intro 
 duced in the interest of two dismissed policemen who would 
 like to be restored, but whose hopes would be sure to prove 
 illusory. I have no doubt, in forming an independent con 
 clusion, that the Bill ought not to become a law. Certainty 
 in the punishment for infractions of discipline, disobedience, 
 or neglect of duty is of far more importance than severity. 
 Celerity in the infliction of penalties and finality in the trial 
 are the essence of discipline. Such trials now consume an 
 afternoon session on about three days of each week. Every 
 person convicted will desire a re-trial, and will struggle to 
 make a case for restoration. Evidence will be lost, the fear 
 of punishment weakened, and the effect of punishment actually 
 imposed will be impaired by the continuing hope of eventual 
 escape. The Board will be overwhelmed by trials. If an 
 injustice to an individual does sometimes happen by a mis- 
 judgment, it is an insignificant evil compared with the intro 
 duction of a new and potent element of disorganization and 
 demoralization to the whole service. The Act provides that, 
 in case of a decision in favor of the policeman on a new trial, 
 he shall be restored by operation of law. In the mean time 
 the office will have been filled, and this provision would pro 
 duce two incumbents in one office, and would be prolific of 
 claims for back salaries. 
 
i8 7 5-] VETO-MESSAGES IN 1875. 155 
 
 EXECUTIVE CHAMBER, ALBANY, May 17, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill No. 
 322, entitled " An Act to regulate the course of proceedings 
 at a trial on a charge of felony after a previous conviction for 
 felony." This Bill provides that upon the trial of a person 
 charged with felony, after a previous conviction of that crime, 
 the offender shall first be arraigned on so much only of the in 
 dictment as charges the subsequent offence ; that if a plea of 
 " not guilty " is entered, the jury shall first inquire whether he 
 is guilty of the subsequent offence ; that if he pleads guilty, that 
 then the jury shall inquire concerning the previous conviction. 
 There is no express provision for any inquiry as to the fact of 
 the previous conviction where the prisoner is found guilty of the 
 subsequent offence, after a trial on the merits ; and as penal 
 laws are to be construed strictly, it is at least doubtful whether 
 such an inquiry could be had. Well-settled rules of the adminis 
 tration of the criminal law should not be altered for light reasons, 
 nor without the exercise of great care to avoid the introduction 
 of new and doubtful questions of construction. This Bill is 
 loosely drawn, and does not fully provide for all the exigencies 
 which may arise under it. For instance, where the prisoner 
 pleads guilty of the subsequent offence, and the jury disagree 
 as to the fact of the previous conviction, it cannot, from the 
 language of this Bill, be gathered whether the prisoner is to be 
 sentenced for the lesser offence, or whether there must be a new 
 trial upon all the issues. The apparent purpose of the Bill is 
 to guard against the jury being prejudiced by the fact of the 
 previous conviction. With an intelligent jury, acting under 
 the guidance of an experienced and learned judge, there can 
 be no danger of serious injury to the rights of the prisoner at 
 all comparable to the evils which result from a hasty and ill- 
 considered change in the well-settled rules of conducting trials 
 of criminal cases. Besides, under this Bill, as amended in the 
 Senate, the jury might be informed of the previous conviction 
 
156 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 by the reading of the indictment. So long as several different 
 misdemeanors can be charged in the same indictment and tried 
 at the same time, there can be no impropriety in trying at the 
 same time all the questions involved in the allegation of a 
 single crime, although they involve distinct issues. 
 
 EXECUTIVE CHAMBER, ALBANY, May 22, 1875. 
 To the Assembly. 
 
 I return herewith, without my approval, Assembly Bill No. 
 493, entitled " An Act to authorize the taking of certain lands 
 in the City of Buffalo for the purpose of the continuation of 
 Fillmore Avenue from its present southerly termination to the 
 westerly side of the Hamburg turnpike, and for improving and 
 embellishing the same." 
 
 This Bill authorizes the city of Buffalo to open a certain 
 avenue one hundred feet wide, and to enlarge an existing street 
 to the same width, and provides that the lands so taken shall 
 be one of the approaches or connections to said park, and may 
 be controlled, improved, and embellished in the same manner in 
 all respects as land heretofore taken under the Act of 1869. 
 
 Chapter 165 of the Laws of 1869, which is supposed to be 
 the Act referred to, provides that the expense of improving and 
 embellishing the lands taken thereunder for a park shall be 
 met by the issue of bonds of the city of Buffalo. The city now 
 has ample power to open and improve streets, assessing the 
 expense thereof upon the property benefited thereby. The only 
 object of this Bill, therefore, is to place the control of the 
 avenue to be opened in the hands of the park commissioners, 
 and to cast the expense of improving and embellishing the same 
 upon the city at large instead of upon the property benefited. 
 
 I am unwilling to assent to any Bill which, without urgent 
 necessity, shall increase the present heavy indebtedness of the 
 city of Buffalo, or shall add to the very heavy burdens which 
 now rest upon its taxpayers, especially where, as in this case, 
 it is not asked for by the municipal authorities. 
 
1875.] VETO-MESSAGES IN 1875. 157 
 
 MEMORANDA PILED WITH CERTAIN BILLS IN THE OFFICE 
 OF THE SECRETARY OF STATE, 1875. 
 
 Assembly Bill No. 287, entitled, " An Act making appro 
 priations for certain expenses of government and supplying 
 deficiencies in former appropriations. " 
 
 I object to the following items in this Bill : 
 
 (1) " For Charles Simon, for expenses incurred by him in the 
 case of the contested election for member of Assembly for the 
 Third District of the County of Onondaga for the year 1874, 
 being a reappropriation of like amount in the Supply Bill of 1874 
 not paid, the sum of two hundred and fifty dollars." 
 
 The claim for which this item makes a new appropriation 
 was settled in full last year by the payment of five hundred 
 dollars, fixed by the Comptroller, who was authorized to audit 
 the claim, to the amount of two hundred and fifty dollars, in 
 addition to the sum at which it was so audited. There is no 
 ground for reviving any portion of the claim which was thus 
 disposed of by final settlement. 
 
 (2) " For the Onondaga Salt Springs, for a new water-wheel at 
 Syracuse pump-house, $4,000; for two new large piston-pumps 
 at Salina pump-house, $2,500 ; for two old large piston-pumps at 
 Salina pump-house, $500 ; for six new deep well-pumps for new 
 wells, $3,000 ; for six new well-houses, $2,300 ; for shafting, gear 
 ing, and trestle for new wells, -$2,500 ; for new engine-house for 
 Syracuse group of wells, $1,000 ; for new conduits, $2,200 ; for new 
 lathe for boring logs, $1,100 ; for boring-tools for new lathe, $300 ; 
 for shafting and gearing for driving new lathe, $500 ; for twenty- 
 two salt covers, appropriated to make room for new wells, $1,100 ; 
 for land required for operating new wells and laying down con 
 duits, $2,000." 
 
 The appropriation for the next fiscal year provides sixty 
 thousand dollars "for superintendence, collection, and neces 
 sary expenses." The sum is probably larger than the entire 
 income to the State from the salt works will be during the 
 same period. 
 
158 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 The appropriation last year was fifty thousand dollars. The 
 net income was about ten thousand dollars. This additional 
 appropriation would be applicable to the current year, and 
 would make the expenditures at least thirteen thousand dollars 
 in excess of the whole income. 
 
 The receipts from the salt works for the last five years have 
 been $399,542, and the outlay, $421,722. The balance against 
 the State is over twenty-two thousand dollars. During the last 
 year over 37i per cent of the expenses was for salaries. At 
 the present time the prospects of the salt business are very 
 unfavorable. It is said that of three hundred salt blocks not 
 more than twenty-five are now in operation, and that no new 
 salt has been inspected this season. Extraordinary outlays, 
 even under the specious guise of improvements, are very un 
 suitable to the present condition of the interests of the State in 
 these works and to the general condition of the salt business at 
 the present time. 
 
 All requisite repairs and everything necessary to protect 
 the State property ought to be paid from the regular annual 
 appropriation. For every such purpose that fund ought to be 
 ample. Economy ought to be practised in all expenditures, and 
 retrenchment should be rigorously enforced in current expenses. 
 No new investments for improvements ought to be made at 
 the expense of the taxpayers of the State without a better 
 assurance of the future. So far from venturing into new 
 operations, a thorough investigation ought to be made of the 
 past administration of these works. 
 
 (3) " For refunding to the County of Wyoming moneys alleged 
 to have been erroneously paid into the State treasury, $2,276.01, 
 if upon investigation the Comptroller shall determine that said 
 county is equitably entitled thereto." 
 
 It is at least questionable whether this claim rests on any 
 basis of equity. The facts, as near as they can now be 
 ascertained, are adverse to its allowance. It is quite certain, 
 however, that the allowance of this item would give rise to 
 
1875.] VETO-MESSAGES IN 1875. 159 
 
 similar claims to the extent of a hundred and fifteen thou 
 sand dollars from other counties which could be claimed 
 with equal justice. 
 
 There is no reason why this county should be preferred 
 over any other, or this item sanctioned, unless the whole 
 matter is investigated and all the counties placed upon an 
 equal footing. 
 
 (4) " For walling and covering with stone the State raceway, 
 leading from the Erie Canal to the pump-house in the third ward 
 of the city of Syracuse, for the purpose of propelling the public 
 pumps, the sum of twenty thousand dollars, or so much thereof 
 as may be necessary, one half thereof to be expended in the year 
 1875, and the other half thereof in the year 1876, the work to be 
 done first from Genesee Street north to the pump-house; and 
 for the construction of a two-foot sewer in Clark Street and 
 Leavenworth Avenue, in the city of Syracuse, opposite lots be 
 longing to the State, in accordance with plans of sewer commis 
 sion and common council of said city, the sum of five thousand 
 three hundred dollars, or so much thereof as may be necessary. 
 Each of said works to be done under the direction and control 
 of the State engineer and surveyor, the canal commissioner in 
 charge of the middle division of the canals, and the superintendent 
 of the Onondaga Salt Springs, who are hereby authorized and 
 required to advertise and let the same to the lowest bona fide 
 responsible bidder, whose bids shall be balanced, giving adequate 
 security for the faithful performance of the works. Cast-iron 
 conduits may be substituted in said raceway in place of the 
 walling and covering with stone, in case the said commission 
 shall find the same can be done as cheaply, and that it will be 
 for the interest of the State so to do. No part of the work shall 
 be contracted for, nor money expended thereon, until the State 
 engineer shall certify that the same is necessary, and in his 
 opinion can be completed for the amount hereby appropriated." 
 
 This raceway was rebuilt under the supervision of George 
 Geddes, and he alleges that it was an excellent piece of work, 
 and is in good condition at the present time, having a plank 
 bottom 9 to 10 feet in width, and side walls 2 feet in thickness. 
 The water runs through it at 2J miles per hour, with no 
 place where it can stagnate or render the locality unhealthy. 
 
160 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 A part of the contiguous lands has been sold by the State. 
 The raceway now serves all the purposes for which it was 
 constructed, and no benefit can accrue to the State from the 
 projected expenditure. Nor has the State any interest in the 
 construction of the sewer. If one is needed in that locality, 
 it should be built, as sewers are in other parts of the State, 
 by the interests benefited. 
 
 (5) "For refunding to the city of Auburn the amount of the 
 assessment for paving in front of the State Armory, $1,336.07, 
 and for building a sewer in front of the State Prison at Auburn 
 and walks in front of the State Armory in said city, $1,109.66, 
 to be paid on the draft of the mayor of said city." 
 
 I assume that a municipality has no jurisdiction to levy an 
 assessment upon property belonging to the State. The city 
 corporation derives all its power from the sovereignty of the 
 State, and I cannot admit that the creature can impose any 
 liability upon the property of its creator. The benefits de 
 rived by the locality from the establishment of a State institu 
 tion are more than sufficient to counterbalance the burdens 
 imposed by the withdrawal of the property occupied by it 
 from local assessments. 
 
 (6) " For the Willard Asylum for the Insane, to finish a new 
 group of buildings sufficient to accommodate two hundred addi 
 tional patients, a hundred thousand dollars, or so much thereof 
 as may be necessary, to be certified by the building superintendent 
 of the asylum." 
 
 The Willard Asylum is one of the most meritorious of the 
 State institutions ; but the policy which it seems right and wise 
 to adopt in regard to outlays for new construction requires that 
 the appropriation of a hundred thousand dollars to erect a 
 new group of buildings should be postponed at least until next 
 year, and perhaps until the year after, when the bounty debt 
 will have been extinguished. 
 
 The recent session of the Legislature found the State in the 
 progress of constructing four great State institutions, three 
 
i8;5-] VETO-MESSAGES IN 1875. 161 
 
 asylums for the insane and a reformatory. It might have been 
 supposed that such an extensive provision for the insane as 
 is contemplated in these three institutions could not become 
 necessary on the instant, and that common prudence would 
 have dictated that one institution should be completed before 
 another was begun. But unfortunately not even the sacred 
 influences of charity could save these works from the spirit of 
 legislative log-rolling or the rapacity of local expenditure. 
 
 Two and three quarter millions of money raised by taxes has 
 been actually expended on these four institutions, and about 
 four hundred and fifty thousand dollars raised by taxes and 
 appropriated remains unexpended, and yet no considerable part 
 of these works are made available. The policy of beginning 
 everything and finishing nothing has prevailed. Construction 
 has been on a scale of costly extravagance. 
 
 The annexed table shows the situation of these institutions 
 as they now stand. The column which contains the estimated 
 cost of completing the whole building, in each case was fur 
 nished by an intelligent and judicious person, and is the only 
 part of the statement that is a matter, not of certainty, but of 
 opinion. 
 
 VOL. II. 11 
 
162 
 
 THE WORKS OF SAMUEL J. TILDE N. 
 
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i8?5-l VETO-MESSAGES IN 1875. 163 
 
 The policy adopted by the chairman of the Committee of 
 Finance of the Senate and the chairman of the Committee of 
 Ways and Means of the Assembly, with my concurrence, was 
 to confine the appropriations of the present year to such sums 
 as would make available and bring into use the portions of 
 those structures most nearly approaching completion. In the 
 main, the appropriations made by the present Bill conform to 
 that plan. Provision is likewise made in this Act, and in an 
 other applying to the three asylums, for a revision of the plans 
 for the future construction authorized, and to secure as much 
 economy as possible in the work. It is advisable that the 
 appropriations for the completion of the other parts of these 
 institutions if on careful examination and consideration they 
 are to be completed on their present plans should be de 
 ferred until year after next, when the bounty debt will have 
 been paid and a further remission of taxes will become 
 possible. 
 
 It has been stated by the Comptroller that the cost of former 
 institutions of this nature was but six hundred dollars per in 
 mate, and it was estimated by him that in the recent more 
 expensive times twelve hundred dollars per inmate, even " with 
 enlarged capacities and better conveniences," ought to be ade 
 quate. It is quite clear that an outlay of five thousand dollars 
 per inmate for the purpose of providing shelter for the unfor 
 tunate objects of public charity is unreasonable and extrava 
 gant. That would be equal to twenty-five thousand dollars 
 for five persons, which compose the average family in this 
 State. How many families of laborious and thrifty pro 
 ducers can afford to live in a house costing twenty-five thousand 
 dollars ? 
 
 In 1865 less than one sixtieth of the houses of this State 
 were of stone, and their value was about ten thousand dollars 
 each, or two thousand dollars for each inmate. Those of brick, 
 which are about one eighth of the whole number, were valued 
 at six thousand dollars, or twelve hundred dollars for each 
 inmate. Those of wood, which are three fourths of the whole 
 
164 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 number, were valued at eleven hundred dollars, or two hundred 
 and twenty dollars for each inmate. 
 
 I deny that there is any sound public policy in erecting pal 
 aces for criminals, for paupers, or for the insane. A style of 
 architecture simple, and fitted to the nature of its object, 
 would reconcile artistic taste with justice toward the indus 
 trious producers, on whom falls the burden of providing for the 
 unfortunate. Waste in such edifices is not only a wrong to 
 the taxpayers, but by just so much it consumes the fund which 
 the State is able to provide for the objects of its charity. 
 
 Nor does the mischief stop with the completion of costly 
 dwellings. The State still has to provide annually for the sup 
 port of their inmates. By an inevitable association of ideas 
 in men s minds, magnificent homes lead to magnificent current 
 expenditure. The pride of officers and managers and of local 
 admirers, and the zeal of benevolence, are freely indulged 
 where they are gratified without expense to those who are 
 swayed by them. 
 
 It is to be remembered that, after all, the incidence of taxa 
 tion is chiefly not upon accumulated wealth, but upon the 
 current earnings of the million who carry on their productive 
 industries in frugal homes. They ought not to be the only 
 class disfavored by the policy of the State ; they ought not to 
 be unnecessarily burdened. A governmental selection adverse 
 to those from whom its strength and wealth proceed would 
 reverse the laws, process, and results of natural selection. 
 
 It is proper to add in this connection that communications 
 have been received from gentlemen eminent in literature and 
 science, in social life and public consideration, complaining of 
 the legislative provision attached to the appropriation for the 
 Homoeopathic Asylum at Middletown, by which the manage 
 ment of that institution is revolutionized. 
 
 The answer to their suggestions is, that the Governor is not 
 able to see that he has any power under the provision of the 
 Constitution to strike out that clause or to give to them the 
 redress they seek. 
 
i875-] VETO-MESSAGES IN 1875. 165 
 
 (7) "For the Adjutant-General to replace certain property de 
 stroyed by fire in the Armory at Syracuse on the 24th of June, 1873, 
 according to schedule in the hands of the Adjutant-General, the 
 items of which are to be audited by him, the sum of $1,178.78, or 
 so much thereof as may be necessary." 
 
 This item, as the Adjutant-General states, was inserted with 
 out Ms knowledge or agency. The claims, if they exist at all, 
 rest on a very slender basis. The appropriation is also subject 
 to the objection that it appropriates the public money before 
 the claims have been audited. 
 
 (8) " For the establishment of a female department of the West 
 ern House of Eefuge for juvenile delinquents, as provided by 
 Chapter 228 of the Laws of 1875, the sum of seventy-five thousand 
 dollars." 
 
 This sum is already sufficiently appropriated by Chapter 228 
 of the Laws of 1875, and ought not to be here repeated. 
 
 (9) " The Comptroller is hereby authorized to pay to Wheeler H. 
 Bristol the amount that shall have been audited by the Lieutenant- 
 Governor and Attorney-General, pursuant to Chapter 299 of the 
 Laws of 1875 ; and the sum of $9,159.75, or so much thereof as 
 may be necessary, is hereby appropriated for that purpose." 
 
 Section 19 of Article III. of the Constitution, as amended, 
 declares that " The Legislature shall neither audit nor allow 
 any private claim or account against the State, but may appro 
 priate money to pay such claims as shall have been audited and 
 allowed according to law." 
 
 It is the better opinion that the audit of a private claim must 
 precede the appropriation for its payment. In the present case 
 a law has been passed providing for an audit of this claim ; but 
 no audit seems yet to have been made. 
 
 (10) "For expenses incurred by the County of Cayuga on the in 
 dictment and trial of Michael Donohue, John Coughlin, Thomas E. 
 Hardy, Patrick Eagan, and Patrick Clifford for offences committed 
 by them during their confinement in the State Prison in Auburn, 
 the sum of $2,808.98, or so much thereof as may be certified to by 
 the Attorney-General." 
 
166 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 It is the rule that the expenses of a criminal trial shall be 
 borne by the county in which the offence was committed, irre 
 spective of the residence of the offender or the occasion which 
 brought him within the county. On principle, there seems to 
 be no reason why the State should refund to the County of 
 Cayuga the expenses of this trial. 
 
 (11) " For removing the bar and dredging the channel of Cayuga 
 inlet, to be done under the direction of the canal commissioner in 
 charge of the middle division of the State canals, the sum of five 
 thousand dollars, or so much thereof as may be necessary, which 
 work shall be let by contract to the lowest bidder, as now required 
 by law for the advertising and letting of public works." 
 
 There has been already expended, from year to year, several 
 hundred thousand dollars, under the pretence of doing this work, 
 and no perceptible lowering of the water has resulted. No fur 
 ther expenditure ought to be made for this purpose without a 
 thorough investigation to establish the utility of the work pro 
 posed, and the fact that the appropriation will accomplish the 
 object. It is provided that this expenditure be made by the 
 canal commissioner in the manner of canal contracts ; in which 
 view the item would more properly be found in the general 
 provisions for canal work. The State has no motive for intro 
 ducing either the forms or results of canal work into any other 
 parts of the public service. 
 
 (12) " For the Auditor to make his compensation equal to that of 
 last year, the sum of seven hundred and fifty dollars." 
 
 Section 18 of Article III. of the Constitution provides that 
 " The Legislature shall not pass a private or local bill creating, 
 increasing, or decreasing fees, percentage, or allowances of public 
 officers during the term for which said officers are elected or 
 appointed." 
 
1875.] VETO-MESSAGES IN 1875. 167 
 
 GENERAL CONSIDERATIONS IN RESPECT TO THE 
 SUPPLY BILL. 
 
 1. THE APPROPRIATION FOR THE NEW CAPITOL. 
 
 Of the million provided for this purpose, more than two hun 
 dred thousand dollars will be consumed in the payment of ar 
 rears now existing in the nature of a floating debt, and less 
 than eight hundred thousand dollars will be applicable to new 
 construction. 
 
 It is with reluctance that I assent to this appropriation. 
 Nearly six millions of dollars have already been expended upon 
 this edifice. Although the general plan has been determined, 
 the details have not been worked out with such thoroughness 
 and such certainty as to afford any guide as to the amount 
 which will probably be required for the completion of the 
 building. If it were an original question, I should have no 
 hesitation in condemning and discarding a work of such un 
 necessary cost ; but it cannot be now abandoned without losing 
 all that has been thus far expended. In deciding on the wisdom 
 of completing it, we are to consider only whether it will be 
 worth the future outlay for its completion. What that cost 
 will be, ought to be ascertained with all the precision attainable. 
 I doubted whether the work ought not to be suspended until the 
 plans of future construction should be settled, and full assurance 
 had that the annual expenditure should be made usefully in fur 
 therance of those plans. In the mean time I favored a reduc 
 tion of this appropriation below the amount adopted by the 
 Legislature. But provisions for this general object were in 
 serted in the Supply Bill. They perhaps justify the allowance 
 of this item, especially as the law imposing a tax for raising 
 the money for this purpose will necessarily go into effect, 
 whatever might be done with this appropriation. 
 
168 THE ^WORKS OF SAMUEL J. TILDEN. [1875. 
 
 2. REDUCTION IN TAXATION THIS YEAR. 
 The Act to provide ways and means for the support of 
 government, which imposes upon the people what is called 
 the State tax, provides for the raising of 6 mills for the 
 year beginning on the 1st of October, 1875, against 1\ mills 
 imposed by a similar law for the year 1874. The sum to 
 be collected will be 813,015,874.23 imposed by the present 
 Legislature, against $15,727,482.08 imposed by the Legisla 
 ture of 1874. The reduction in State tax will therefore be 
 82,711,634.85. The annexed statement shows the general na 
 ture of the objects for which the taxation of the two years 
 was imposed. 
 
1875.] 
 
 1575. 
 
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170 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 3. REDUCTION IN APPROPRIATION. 
 
 In order to make an effectual and useful reduction of taxes 
 it is necessary that a corresponding reduction in appropriations 
 and expenditures should be accomplished, and the creation of 
 a deficiency at the end of the year, to be provided for by future 
 taxation, should be prevented. 
 
 The appropriation for ordinary expenses and ordinary re 
 charges on the P airs of tlie canals for tne fiscal J ear beginning 
 canat revenues. ^ lgt of October will be $1,109,150, with a con 
 tingent provision of $150,000 for the Upper and Lower Mohawk 
 aqueducts and the sixteen locks ; the aggregate is $1,259,150. 
 It is probable that the revenues of the canals over and above 
 this amount will not be quite sufficient to pay all the interest 
 on the canal debt, exclusive of contributions to the sinking 
 fund to redeem the principal of that. debt which the Constitu 
 tion enjoins. 
 
 The necessity of keeping down charges on the canal revenues 
 to the lowest practicable amount is quite apparent. There ought 
 to be no difficulty under an improved administration in mak 
 ing the canals self-sustaining, both for ordinary expenses and 
 repairs and for any necessary work hitherto classed as extraor 
 dinary repairs. Beyond that not much can be expected. 
 
 The reduction of appropriations for ordinary expenses and 
 repairs, counting the contingent provision of the present year 
 and the provision of last year for deficiencies, is $415,360. 
 The provision for new work and extraordinary repairs upon 
 the canals, which last year involved an appropriation of about 
 $2,000,000 and a tax of about $1,900,000, has this year been 
 totally discarded. 
 
 The reappropriations of the proceeds of former taxes have 
 fallen from $917,000 last year to $340,000 this year, being a 
 reduction of $577,000. This, however, does not affect the 
 income of the present year or the result of its expenditures, 
 except in the amount of $67,765 raised by former taxation, 
 which is now reclaimed into the treasury. 
 
1875.] VETO-MESSAGES IN 1875. 171 
 
 The failure of sundry items and bills to receive the Executive 
 sanction will reduce the appropriations as follows : 
 
 Extraordinary repairs $365,946 
 
 Appropriation on certificates of claims against the 
 
 United States made in behalf of soldiers of the war 
 
 of 1812 100,000 
 
 Appropriation for improving navigation of the Hudson 
 
 Eiver 60,000 
 
 Items objected to in the Supply Bill, exclusive of $75,000 
 
 for Western House of Eefuge 172,169 
 
 Sums reclaimed into the treasury by striking out items 
 
 of re-appropriations for extraordinary canal repairs . 67,765 
 
 Total $765,880 
 
 There is no reason to doubt that, with the reductions made 
 in the legislative bodies and by the refusal of the Executive 
 sanction to items and to bills passed by the Legislature, the 
 expenditures and appropriations ought not to exceed the taxes 
 levied, and the reduction of taxes will be a clear saving to the 
 people. 
 
 In the Special Message of March 18, 1875, encouragement 
 was held out that the success of the measures therein proposed 
 " will enable the State to remit for the present year, as com 
 pared with last, to the boatmen and transporters from five to 
 six hundred thousand dollars of tolls, and at the same time to 
 give relief to our overburdened taxpayers in the reduction of 
 taxes to the extent of more than one and three quarter million 
 of dollars." 
 
 It is a subject of just congratulation that the results indi 
 cated will be much more than realized. The remission of tolls 
 to the extent of five or six hundred thousand dollars is equiva 
 lent to a reduction of taxes to the same amount. The direct 
 reduction of taxes will be nearly two and three quarter millions, 
 instead of one and three quarter millions, as anticipated. 
 
 The annexed table will show the growth of taxation in the 
 fifteen years from 1860 to 1874 inclusive. 
 
172 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1875- 
 
 Year. 
 
 Aggregate Equalized 
 Valuation. 
 
 Rate of State Tax in 
 Mills on each Dollar of 
 Valuation. 
 
 State Tax levied, including 
 School Tax. 
 
 1860 
 
 $1, 41 9,297,520 
 
 3.5-6 
 
 $5,440,640.48 
 
 1861 
 
 1,441,767,430 
 
 3.7-8 
 
 5,586,848.79 
 
 1862 
 
 1,449,303,948 
 
 4.3-4 
 
 6,884,193.75 
 
 1863 
 
 1,454,454,817 
 
 5 
 
 7,272,274.08 
 
 1864 
 
 1,500,999,877 
 
 5.1-4 
 
 7,880,249.35 
 
 1865 
 
 1,550,879,685 
 
 4.53-80 
 
 7,230,976.53 
 
 1866 
 
 1,531,229,636 
 
 5.9-16 
 
 8,517,464.85 
 
 1867 
 
 1,664,107,725 
 
 7.3-5 
 
 12,647,218.71 
 
 1868 
 
 1,766,089,140 
 
 5.4-5 
 
 10,243,317.01 
 
 1869 
 
 1,860,120,770 
 
 5.5-8 
 
 10,463,179.33 
 
 1870 
 
 1,967,001,185 
 
 7.41-156 
 
 14,285,976.55 
 
 1871 
 
 2,052,537,898 
 
 5.79-120 
 
 11,613,943.61 
 
 1872 
 
 2,088,627,445 
 
 9.3-8 
 
 19,580,882.30 
 
 1873 
 
 2,129,626,386 
 
 6.95-100 
 
 14,800,903.38 
 
 1874 
 
 2,169,307,873 
 
 7.1-4 
 
 15,727,482.08 
 
 The taxation for the present year is six mills. There will 
 Future reduction ^e no difficulty in reducing the taxation for 1876 
 of taxation. ^ o ye an( j a j^f m [\\ s ^ several easy retrench 
 
 ments, and abstaining from any fresh outlays for new construc 
 tion of insane asylums and reformatories during the year, even 
 if we continue the usual appropriation toward the completion 
 of the capitol. 
 
 The year 1877 will be exempted from the instalment for the 
 payment of the bounty debt, which is two mills, producing 
 84,348,000, and the taxation can be reduced to three and a 
 half mills. 
 
 The people of this State are to be congratulated upon the 
 final extinction of the burdens which they have borne in the 
 payment of upward of twenty-seven millions of dollars of pre 
 tended bounty debt, which, as the Comptroller states in his last 
 report, was " created nominally to pay off bounties to volunteer 
 soldiers who enlisted in the military service of the United 
 States during the rebellion, but of which only an inconsider 
 able part reached the soldiers who were actually engaged in 
 the contest." 
 
 After the payment of that debt and in the levy of 1877 the 
 State taxes can be reduced to three and a half mills, even if 
 
i8 7S .] VETO-MESSAGES IN 1875. 173 
 
 an appropriation of half a mill should be continued for the 
 new capitol. That will be one third of a mill less than the 
 taxation of 1860. 
 
 With a reformation in the State prison systems and expendi 
 tures and in other parts of the public service, there will still 
 be a margin for further reduction ; and on the completion of 
 the outlay for the new capitol, taxation for State purposes can 
 exhibit a complete return to the ante-war condition. 
 
 Retrenchment and reform will then find little scope for their 
 exercise except in the vast domain of municipal taxation, em 
 bracing the expenditures of counties, towns, and cities, and in 
 the still vaster field of expenditures by the Federal Govern 
 ment raised by various forms of indirect taxation, which col 
 lect from the people of this State an aggregate sum larger than 
 the whole amount of State, county, town, and city taxes. 
 
 In dismissing the discussion of this Bill it is proper to say 
 that it contains one hundred and eighty-two separate items, that 
 the Reappropriation Bill contains forty-three, and the Extraor 
 dinary Repair Bill forty-one, making in all two hundred and 
 sixty-six distinct items. Many of them were of a nature to re 
 quire an investigation of much intricacy, detail, and labor. For 
 the first time, under the recent amendments to the Constitution, 
 it became the duty of the Governor to act upon them separately, 
 with such knowledge as he could gather for the purpose, in 
 stead of signing the aggregate bills as a matter of course, which 
 has been the uniform practice hitherto. 
 
 The Legislature at its adjournment left two hundred and fifty 
 bills, some of them long and complicated, many of them in 
 volving vehement controversies, and not a few imperfect in 
 construction but for good objects, which made it an uncertain 
 choice of evils whether to sanction or reject them. 
 
 Hitherto the residue of the year, usually extending to eight 
 months, has been allowed for the comparatively small work 
 imposed on the Executive. This year, for the first time, the 
 period during which action must be had upon all these bills 
 and all these items is limited to thirty days after the adjourn- 
 
174 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 ment of the Legislature, a period which would have been 
 more than consumed by the hearings applied for in contro 
 verted cases, by interviews, and by the reading of papers 
 submitted. 
 
 I cannot hope always to have escaped errors of information 
 or of judgment ; but I have endeavored, in so completely novel 
 a situation, to set no bad precedent for my successors. Not 
 unmindful of the equities of individuals, I have done the best I 
 could for the State. 
 
 The items hereinbefore specified are objected to ; the other 
 portions of this Bill are 
 
 Approved, June 21, 1875. 
 
 Assembly Bill No. 82. An Act to reappropriate moneys for the 
 construction of new work upon, and extraordinary repairs of, 
 the canals of this State, and for payment of awards oj the 
 canal appraisers. 
 
 Section 1 is a reappropriation of the balance remaining un 
 expended on the 16th day of May, 1875, of an appropriation of 
 8776,855.28 appropriated in 1871 and reappropriated in 1873, 
 being twenty thousand dollars, or thereabouts, for a swing or 
 drawbridge in Buffalo Street, in the city of Rochester. 
 
 It appearing that the construction of the said bridge is pro 
 vided for by a series of laws, that it is under contract and 
 approaches completion, this item, irrespective of the question of 
 its original wisdom or policy, is allowed to pass. 
 
 Section 2 is a reappropriation of the unexpended balance of 
 8984,630.89 appropriated in 1873, such balance being the sum 
 of 8281,179.62. 
 
 This balance is reappropriated by thirty-nine separate items. 
 
 Item No. 1. "For repairing bottom and banks of the Erie 
 Canal along the premises of Stillman A. Fields, in the town of 
 Canajoharie, so as to prevent leakage upon the premises of said 
 
1875] VETO-MESSAGES IN 1875. 175 
 
 Fields, and for constructing a waste ditch along the premises of 
 Samuel Beekman in said town, so as to carry back waters of the 
 Erie Canal, the sum of five hundred dollars, or so much thereof as 
 may be necessary." 
 
 I object to this item. The work, as I am informed, has not 
 been let. If necessary in 1873, it has been strangely neglected. 
 Work of this character, and so inconsiderable in extent, ought 
 to be done as ordinary repairs. 
 
 Item No. 2. " For constructing iron bridge superstructures on 
 the Eastern Division, made necessary in consequence of change of 
 plan, the sum of $10,727.93." 
 
 I object to this item. If changes in the structure of bridges 
 are to be made, they should be done upon a systematic plan, 
 duly considered by the Canal Board, with the approval of the 
 State engineer, and an examination of the particular case 
 should be had to decide whether the proposed change is clearly 
 necessary for public purposes. 
 
 The tendency to change the innumerable bridges over the 
 canal at the instance of private persons and local influences, 
 to conform to a prevailing fashion, the contagion of which 
 passes from one bridge to another in the absence of any 
 resisting power in behalf of the State, which finally pays 
 the cost of the change is a serious and growing evil. The 
 applications for swing-bridges tearing down the existing 
 bridges are becoming frequent. They are demanded by 
 some individual, corporate, or local advantage, real or imagi 
 nary. They are usually in places which have been already 
 largely benefited by the construction of the canal. They 
 impose on the State a large extra cost, and charge it with an 
 annual expense for operating each one equal to the interest on 
 about twenty-five thousand dollars. There are 1,318 bridges 
 over the canals, and the erection and operation on this plan of 
 one sixth of this number would probably cost the State as much 
 as the original outlay for the Erie Canal. The fashion is full 
 of danger. 
 
176 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Item No. 3. "For raising the Kocky Kift Feeder Dam, the 
 sum of $1,359." 
 
 The item of $1,359 remaining unexpended will about com 
 plete the existing work and the payment for it. 
 
 Item No. 4. " For the construction of a farm bridge over the 
 Kocky Rift Feeder, on the lands of John H. Keyser, in the 
 County of Montgomery, the sum of $250, or so much thereof as 
 may be necessary." 
 
 I object to this item. As the work has not been let and no 
 steps taken toward it, the necessity cannot be pressing, and the 
 money had better be covered into the treasury. 
 
 Item No. 5. "For constructing and maintaining a highway 
 bridge over the Erie Canal in the town of Watervliet in the 
 County of Albany, from the Ireland Corners Eoad on the west of 
 said canal, to Island Park on the east of said canal, the sum of 
 
 $720." 
 
 The unexpended balance was reduced on May 28, 1875, to 
 8600, but the account not closed. 
 
 Item No. 6. " For raising iron bridge superstructure on Gene- 
 see Street, Utica, to the height required, and adapting approaches 
 to the same, the sum of $2,221.40." 
 
 I object to this item. The work has been finished and paid 
 for, and the balance ($2,221.40) should be covered back into 
 the treasury. 
 
 Items Nos. 7 and 8. " For removing wall-benches and con 
 structing slope-walls on the towing-path side of the Erie Canal, 
 between the east line of the city of Utica and lock No. 45 at 
 Frankfort, and between lock No. 46 and Whitesboro Street Bridge 
 in the city of Utica, the sum of $29,545 ; and between lock No. 
 33 and section No. 75 the sum of $340." 
 
 The unexpended balance, I am informed, will be consumed 
 by existing contracts. 
 
 Item No. 9. "For removing wall-benches and constructing 
 slope-walls elsewhere on the eastern division of the Erie Canal, 
 under direction of the Canal Board, the sum of $5,734." 
 
1875.] VETO-MESSAGES IN 1875. 177 
 
 I object to this item. On Oct. 15, 1873, the Canal Board 
 set apart from the sum appropriated by the original appropri 
 ation $1,650 for three hundred feet of vertical wall at the loco 
 motive works in Schenectady, of which had been expended up 
 to Jan. 8, 1875, $1,224, leaving a balance of $426; and on 
 Dec. 11, 1873, the Canal Board set apart from the same ap 
 propriation, for the work extending from the junction of the 
 Chenango Canal to the east line of the city of Utica, the sum 
 of $10,000, of which had been expended up to Jan. 8, 1875, 
 the sum of $4,692, leaving a balance of $5,308. The sum re- 
 appropriated by this item is made up of these two balances. 
 These acts of the Canal Board were illegal, as the sums set 
 apart were diverted from the purpose for which they were 
 appropriated. 
 
 Item No. 10. "For constructing blind drains on section 
 No. Ill, west of lock No. 46, the sum of $1,800." 
 
 I object to this item. This work has been done and paid for 
 under another contract. 
 
 Item No. 11. " For rebuilding wooden lock of stone on the 
 Glen s Fall Feeder, the sum of $17,114." 
 
 This sum will be absorbed by existing contracts. 
 
 Item No. 12. " For completing bridge over Fort Edward Feeder, 
 the sum of $500 or so much thereof as may be necessary." 
 
 This expenditure has been incurred. 
 
 Item No. 13. " For taking down dry vertical walls and relay 
 ing the same in cement, in order to avert claims against the State, 
 in consequence of leakage from the Erie Canal into the cellars of 
 adjoining property-owners in the city of Syracuse, and for remov 
 ing bench-walls and constructing vertical walls, when necessary, on 
 the Syracuse level of the Erie Canal, the sum of $4,877.36." 
 
 I object to this item. The sum of $10,000 was originally 
 appropriated for this purpose, with the provision that the 
 commissioner in charge should, before expending any of the 
 
 VOL. II. 12 
 
178 THE WORKS OF SAMUEL J. TILDEN. [1875, 
 
 money, procure a release of all damages on account of such 
 leakage, free of charge to the State. From this sum three 
 amounts, being in the aggregate $5,122.64, have been set 
 apart with the approval of the Canal Board, and expended. 
 This balance is not now subject to draft for work under any 
 existing contract. 
 
 Item No. 14. " For removing bench-walls and substituting 
 slope-walls upon the towing-path, Jordan level, and long level 
 of the Erie Canal, and for constructing two hundred lineal feet of 
 vertical wall opposite the marble works of McCarty & Paul, and 
 the malt-house of Adam & Co., in the village of Weedsport, the 
 sum of $24,389.18." 
 
 This is the unexpended balance, Jan. 8, 1875, of an appro 
 priation made in 1873 of $40,000 for the purposes named. 
 The vertical wall is completed and paid for. The other work 
 is progressing under contract. The Division Engineer on the 
 2d of October, 1874, estimated that the cost of completing 
 the work would be $225,370. The sum of $113,000 was set 
 apart from an appropriation of $360,000 made in 1874 for 
 the purpose of continuing the work. The existing contracts 
 will evidently absorb all of this item, after making allowance 
 for all deductions. 
 
 Item No. 15. " For extending abutments, raising and widen 
 ing approaches to highway bridges at East Frankfort, the sum 
 of $225." 
 
 I object to this item. The work is completed and paid for, 
 and the balance should be covered into the treasury. 
 
 Item No. 16. " For constructing iron bridge superstructures 
 on the middle division of the Erie Canal, made necessary in con 
 sequence of the change of plan, the sum of $15,000." 
 
 I object to this item for the reason stated with respect to 
 item No. 2 of this section. 
 
 Item No. 17. " For a wrought-iron foot-bridge over the Erie 
 Canal at Franklin Street, in the city of Syracuse, the sum 
 of $1,922." 
 
1875.] VETO-MESSAGES IN 1875. 179 
 
 I object to this item. I am informed that the final account 
 for this work was rendered March 2, 1875, leaving a balance 
 of $573.16, which may properly be covered into the treasury. 
 
 Item No. 18. " For building 150 feet of vertical wall on Erie 
 Canal, in the village of Port Byron, in front of the property on 
 the Thompson Patent Paper Manufacturing Company, the sum 
 of $750, or so much thereof as may be necessary." 
 
 This work is probably completed, and the appropriation is 
 absorbed, or will be in the final settlement. 
 
 Item No. 19. " For rebuilding broken culverts at Oswego and 
 repairing docking and improving side-cuts at Salina ; building 
 vertical wall at necessary points on the Liverpool level ; and such 
 other improvements of the Oswego Canal as shall be directed by 
 the canal commissioners, the sum of $9,813." 
 
 The amount of this item seems to be in excess of the sum 
 required to complete the work ; but I am not informed whether 
 a final account has been rendered and the completed work 
 paid for. 
 
 Item No. 20. " For repairing the State piers in the harbor 
 at Geneva, the sum of $1,448." 
 
 This balance of $1,448 was, by payments made since the 
 item was originally drawn, reduced upon a final settlement 
 to 84 cents. As a reappropriation is not necessary, I object 
 to this item. 
 
 Item No. 21. " For constructing vertical wall on the berme 
 side of the Cayuga and Seneca Canal, near the junction with the 
 Erie Canal, in the village of Montezuma, the sum of $194." 
 
 This amount seems to have been wholly expended. 
 
 Item No. 22. " For the completion of the Oneida Lake Canal, 
 the sum of $25,000." 
 
 The history of this work is very interesting, as illustrating 
 the manner in which work has been done on the canals, and 
 in which illegalities and irregularities have been attempted 
 to be cured by the action of the Canal Board and the Legisla- 
 
180 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 ture. The auditing officer will doubtless see that the legal 
 rights of the State are preserved. 
 
 Item No. 23. "For deepening and improving the Erie Canal, 
 between Slip No. 3 and York Street, in the city of Buffalo, 
 as authorized by the Canal Board, Aug. 6, 1872, and completing 
 division bank and other work connected therewith in Black R-ock 
 Harbor, so as to separate the canal from and make it independent 
 of said harbor, the sum of $37,427.42." 
 
 This appropriation, as I am informed, is nearly all expended 
 under existing contracts. 
 
 Item No. 24. " For completing the removal of bench-walls 
 and constructing slope-walls and removing about one hundred 
 and fifty feet of slope-wall and substituting vertical wall therefor, 
 in front of the premises of Nelson McCormack, about one mile 
 east of the canal collectors office in the village of Medina, in the 
 Erie Canal, if in the judgment of the canal commissioner in 
 charge it shall be deemed necessary for commercial purposes, and 
 for other works under contract on the Western Division not suffi 
 ciently provided for, the sum of $9,056.48." 
 
 I am informed that the sum reappropriated by this item will 
 be nearly or quite expended before this Bill can become a law. 
 
 Item No. 25. " For cleaning out, improving, and deepening 
 the canal an average of six inches below established grade, between 
 Thomas Creek Culvert and Macedon locks, the sum of ten 
 thousand dollars." 
 
 The contract for this work has, I am informed, been let for 
 less than the sum appropriated, and is nearly or quite fulfilled, 
 but there has been no final settlement with respect to it. 
 
 Item No. 26. " For constructing and maintaining a road- 
 bridge over the Erie Canal, connecting Averill and Munger streets, 
 in the city of Rochester (subject to the provisions of Chapter 399 
 of the Laws of 1874), the sum of ten thousand dollars." 
 
 This work is let under the same contract with that mentioned 
 in Section 1 of this Bill, and the observations made in regard 
 to that section apply equally to this item. 
 
1875.] VETO-MESSAGES IN 1875. 181 
 
 Item No. 27. " For aiding in constructing a bridge over the 
 Tonawanda Creek, according to provisions made in Chapter 863 
 of the Laws of 1867, the sum of eight thousand dollars. 75 
 
 I object to this item. This sum was originally appropriated 
 in 1867 for the purpose of building a bridge, under the direction 
 of commissioners, upon condition that the towns interested 
 should raise a sufficient sum to complete it. Nothing has ever 
 been done under the Act, and in my opinion the offer of the 
 State ought, after having been open for acceptance for eight 
 years, to be withdrawn. 
 
 Items Nos. 28, 29, and 30. "For constructing one hundred 
 and twenty-five feet of vertical wall on the berme side of the 
 Erie Canal in front of the premises of J. W. Paster and others in 
 the village of Port Gibson, Ontario County, the sum of $625." 
 
 " For deepening Erie Basin, Buffalo Harbor, the sum of twelve 
 hundred dollars." 
 
 " For dredging and excavating in Black Eock Harbor, the sum 
 of $2,220." 
 
 The work mentioned in these items, I am informed, has 
 consumed what remains in the treasury awaiting a final 
 settlement. 
 
 Item No. 31. "For building one hundred and fifty feet of 
 vertical wall on the berme bank of the Erie Canal at Macedon, 
 east of the bridge, commencing at the easterly end of the present 
 wall, provided that parties interested in said wall, without expense 
 to the State, make all necessary excavations and place the banks 
 of the canal in a suitable condition for said wall, as the canal 
 commissioner in charge shall direct, the sum of $450, or so much 
 thereof as may be necessary." 
 
 I object to this item. Nothing has been done under the 
 appropriation, because the parties interested have not complied 
 with the condition. They should not only make the excavation, 
 but pay for the wall, if they wish it for their own convenience. 
 
 Item No. 32. "For constructing iron bridge superstructures 
 
 on the western division of the Erie Canal, made necessary in 
 
 consequence of change of plan, the sum of fifteen thousand 
 dollars." 
 
182 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 I object to this item for the same reasons for which I 
 objected to item No. 2. 
 
 Item No. 33. " For the construction, by the Sodus Point and 
 Southern Railroad Company, of three hundred and fifty feet of 
 vertical wall on the berme bank of the Erie Canal, in the village 
 of Newark, Wayne County, about two hundred feet westerly from 
 the point where the iron bridge of said road crosses the canal, the 
 sum of fifteen hundred dollars." 
 
 I object to this item. If this work is for the interest of the 
 State, it should be done by the State ; if it is for the interest 
 of private persons or corporations, they should pay a part or 
 the whole of the expense. 
 
 Item No. 34. " For removing the remains of State dam on 
 Scajaquady s Creek, and the bars in said creek adjacent thereto, 
 the sum of $740." 
 
 The work is under contract and in progress. 
 
 Item No. 35. "For the removal, replacement, and repair of 
 the bridge on Ohio Street, over the Clark and Skinner Canal, 
 the sum of nine hundred dollars, or so much thereof as may be 
 
 necessary." 
 
 I object to this item. This work was let Oct. 14, 1873, but 
 nothing whatever has been done under the contract. The 
 necessity for the work does not seem, therefore, to be pressing. 
 
 Item No. 36. " For repair and construction of docking on the 
 Clark and Skinner Canal, the sum of $917.85." 
 
 The parties interested should have paid the whole or part of 
 the expense of this work ; but the contract has been made, the 
 work nearly completed, and most of the money drawn. 
 
 Item No. 37. " To pay the town of Pittsford four hundred 
 dollars, and the town of Brighton six hundred dollars, or so much 
 thereof as may be necessary for damages caused by water flowing 
 from the side cuts in the Erie Canal during the freshets of the 
 spring of 1873." 
 
 These sums have been paid by the checks of the commis 
 sioner instead of drafts upon the auditor, and therefore results 
 this apparent balance. 
 
i8 7 5-3 VETO-MESSAGES IN 1875. 183 
 
 Items Nos. 38 and 39. "For aiding in the construction of a 
 bridge over the Genesee Biver, at Mount Morris, used as tow-path 
 of the canal, three thousand dollars, or so much thereof as may 
 be necessary." 
 
 " For constructing one hundred feet of vertical wall on the 
 berme side of the Erie Canal, in the village of Pittsford, in front 
 of Eckler s warehouse, coal and lumber yard, commencing at the 
 east end of the vertical wall, already built, the sum of $313." 
 
 The first of these items has been expended since the Bill was 
 drawn, and the sum mentioned in the other has been nearly, 
 expended. 
 
 Section 3 of this Bill reappropriates the balance remaining 
 unexpended June 11, 1875, of $579,164.72, appropriated by 
 Chapter 708 of the Laws of 1873, for the payment of canal 
 awards, and for other purposes, to the payment of the principal 
 and interest of such awards or such sums as may be awarded, 
 in lieu thereof, upon an appeal or rehearing. This balance is 
 stated at $40,909.20, and is not, as might be supposed, the 
 balance of the original appropriation after deducting the sums 
 paid thereout, but is made up of the aggregate of the original 
 unpaid awards, with the interest upon each for two years. The 
 sum necessary to meet unpaid awards is therefore estimated 
 somewhat arbitrarily ; but as it cannot be known whether the 
 awards will be increased or decreased upon an appeal or re 
 hearing, there may be no better system. 
 
 Section 4 of the Bill reappropriates the balance of $413,755.51, 
 appropriated by Chapter 643 of the Laws of 1873, being the 
 sum of $61,955.16 to the following purposes : 
 
 1. For work done in Oneida Lake Canal prior to May 29, 1873, 
 $16,769.38. 
 
 2. To pay awards made in 1870 and 1871, or such sums as may 
 be awarded in lieu thereof upon appeal or re-hearing, $45,185.78. 
 
 The first of these items is for the work mentioned in Item 
 No. 22 of Section 2. The second item is made up in the same 
 manner as the sum appropriated by the last section. 
 
184 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Section 5 reappropriates thirty thousand dollars originally 
 appropriated for work on the Genesee Valley Canal, but 
 remaining unexpended, to pay the balance of the expense of 
 doubling the locks in the Western Division of the Erie Canal. 
 
 1. This Bill consists of forty-three items. It originally passed 
 General consid- m a ^ ew general clauses. The Governor objected 
 ap^rop riaUon Biii that the Constitution requires that the objects 
 work an^repaTrs 7 and am unts should be specified ; that the appro- 
 on the canals. priations having been once made in detail, they 
 could not be grouped in masses in a reappropriation. He re 
 ferred to the following provision of the Constitution : 
 
 " No moneys shall ever be paid out of the treasury of this State, 
 or any of its funds, or any of the funds under its management, 
 except in pursuance of an appropriation by law, nor unless such 
 payment be made within two years next after the passage of 
 such appropriation act ; aud every such law making a new appro 
 priation, or continuing or reviving an appropriation, shall distinctly 
 specify the sum appropriated and the object to which it is to be 
 applied ; and it shall not be sufficient for such law to refer to any 
 other law to fix such sum." 1 
 
 He also referred to the amendment adopted in 1874, which 
 requires the Governor to act separately on each item of appro 
 priation bills, which would be defeated by grouping numerous 
 items together. The Bill was recalled by a joint resolution of 
 the two Houses, and passed in its present form. 
 
 2. The clause cited of the Constitution requires, after the 
 lapse of two years, a re-enactment of an appropriation as fully 
 as if it had never been made. Its object was to end the sys 
 tem of permanent standing appropriations, which would con 
 tinue indefinitely unless repealed by affirmative legislation, 
 and to command a periodical revisal of all appropriations and 
 an affirmative renewal of such as were to be continued. It 
 prohibits the revival of an appropriation by a reference to any 
 former act, or the fixing the amount or the object by such a 
 reference. It is designed to recall into the treasury unex- 
 
 1 Constitution, Section 8 of Article VII. 
 
1 875.] VETO-MESSAGES IN 1875. 185 
 
 pended balances, which would grow to fill the nooks and cor 
 ners of the public offices charged with expenditures. The 
 practice of the Legislature and of the departments has for 
 years been in accord with the present Bill as originally drawn, 
 and has practically nullified this salutary provision of the Con 
 stitution. This most useful protection of the State treasury 
 should be restored. 
 
 3. In acting on these items it has been impossible to extend 
 the examination into any question concerning the pending 
 contracts, or whether or not there be any public necessity or 
 equitable grounds for interfering with them. The Bill operates 
 simply to continue a provision for money for paying for the 
 work now going on, in the event that such payments shall 
 become necessary ; it does not adopt or ratify such contracts. 
 The questions in respect to them remain properly to be looked 
 into by the fiscal officer of the State having charge of the canal 
 expenditures. In the limited time which could be allotted to 
 this Bill, it was difficult to carry the investigation as far as 
 it has gone, and impossible to carry that investigation any 
 farther. 
 
 4. The Reappropriation Act of 1874 (Chapter 392, Laws 
 of 1874) appropriated in three clauses, 
 
 1. Unexpended balance of $2,180,656, appropriated 
 
 in 1870, and reappropriated in 1872 $201,855.09 
 
 2. Unexpended balance of $1,425,590.88, appropriated 
 
 in 1872 467,299.67 
 
 3. Unexpended balance of $1,011,138.42 appropriated 
 in 1870, and reappropriated in 1872, to pay canal 
 
 awards 208,224.87 
 
 $877,379.63 
 Add by Chapter 11 of Laws of 1874 40,000.00 
 
 Total ^appropriations $917,379.63 
 
 The Act of 1875, in forty-three items, reappropriates . 407,844.88 
 Of which the items objected to amount to .... 67,765.69 
 
 Balance $340,079.19 
 
186 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 This sum will form no tax or charge on the present year, 
 having been received from the taxes of former years. The 
 result is, 
 
 1874 $917,319.63 
 
 1875 340,079.19 
 
 Diminution of reappropriations $577,240.44 
 
 Money reclaimed into the treasury 67,765.69 
 
 Excepting the items objected to, the other portions of the 
 Bill are 
 Approved, June 16, 1875. 
 
 Assembly Bill No. 560, entitled, " An Act to authorize the con- 
 struction of work upon the canals of this State" 
 
 Not approved. This Bill was originally entitled, "An Act 
 to authorize a tax of three fifths of a mill per dollar of valua 
 tion of the year 1875 for the construction of new work upon 
 and extraordinary repairs of the canals of this State." Not 
 only was the title changed, but everything of the original Bill 
 except the enacting clause was stricken out, and the provisions 
 of the present Bill substituted. As it now stands, the Bill 
 provides for the expenditure of forty-one different sums of 
 money for the objects and purposes in the several items speci 
 fied. It commands that those payments shall be made " out 
 of the gross receipts of the canals for the fiscal year com 
 mencing Oct. 1, 1875." No other means of payment are 
 provided. The clause imposing a tax is omitted. 
 
 This revolution in the structure, nature, and effect of the 
 Bill has given rise to difficulties evidently not contemplated 
 by its framers. All the items of expenditure are either for 
 objects known in our canal legislation as ordinary repairs, or 
 for objects known as extraordinary repairs, including payments 
 for past work. 
 
1875.] VETO-MESSAGES IN 1875. 187 
 
 The items for ordinary repairs are unnecessary. The Ap 
 propriation Bill for those purposes provides Unn 
 1,259,150; it had been cut down to $1,109,150. ordinary repairs. 
 A separate item of 8150,000 was added "a further sum," 
 as the Bill states, " or so much thereof as may be necessary 
 for re-trunking the upper and lower Mohawk Aqueduct, and 
 concreting and otherwise repairing the sixteen locks in the 
 Eastern Division of the Erie Canal." 
 
 I obtained the best information I could as to this proposed 
 work, and came to the conclusion that a much smaller expen 
 diture, which could be made out of ordinary repairs, would be 
 sufficient for the present ; but the Commissioner felt so much 
 anxiety in respect to these important structures, and I had 
 such reliance on his prudence and economy in using only so 
 much of the fund provided as should be necessary, that I 
 yielded my judgment to his wishes, and abstained from strik 
 ing out this item. It left the Ordinary Repair Bill larger in 
 amount than in my opinion would be sufficient, if wisely and 
 faithfully expended, to keep the canals in good condition, and 
 even to increase their efficiency, for the fiscal year from Oct. 1, 
 1875, to Sept. 30, 1876. I do not think, therefore, that the 
 outlay for ordinary repairs ought to be extended by a second 
 Bill for the purposes amply provided for in the first Bill. My 
 views on this subject were expressed in the following passage 
 of the Special Message of March 18, 1875 : 
 
 " In respect to ordinary expenses and repairs to the canals 
 which are to be retained as the property of the State, I recur to 
 the suggestion which I had the honor to submit in the Annual 
 Message, 
 
 " * Ordinary repairs should be scrutinized with a view to re 
 trenching their costs, and to obtaining the largest possible results 
 from the outlay/ 
 
 " In the present state of the prices of materials and the wages 
 of labor, if the public officers can be inspired with a resolute pur 
 pose to make every expenditure for these objects effective, there 
 ought to be no difficulty in reducing the appropriations from one 
 quarter to one third below the amount provided for last year. The 
 
188 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 present standard of repair and efficiency must be fully maintained. 
 Everything of good administration consists in the selection of the 
 most necessary and useful objects of expenditure, and in securing 
 the greatest effectiveness in the application of labor and the most 
 advantageous purchase of materials. 
 
 " If a sense of accountability and a determination to accomplish 
 this result can be diffused throughout the agents employed in the 
 public service, this object will be easily and certainly attained." 
 
 There is not the least risk of harm to the interests of the 
 State, even if any extraordinary emergency should happen 
 requiring a larger provision for ordinary repairs. The expen 
 ditures under these appropriations do not begin until October 1. 
 They include but two months of navigation out of the seven 
 which form the fiscal year. On the opening of the canals in 
 May, 1876, according to the usual experience, about one half 
 of the provision for the ordinary repairs will remain unex 
 pended. In the mean time another session of the Legislature 
 will have been held for at least four months, and there will 
 have been ample opportunity to provide for any contingency 
 now unforeseen. 
 
 The items which are in the nature of extraordinary repairs, 
 Unconstitutional and the few other items which provide for the 
 
 as extraordinary 
 
 repairs. payment of money to individuals, are subject to 
 
 a more grave and an insurmountable objection. They are, in 
 terms, a plain violation of the Constitution; they are in 
 direct conflict with its provisions for the sinking funds to pay 
 the canal debts, and would be a breach of the faith of the 
 State. The Constitution (Article VII.) , after providing for 
 "the expenses of collection, superintendence, and ordinary 
 repairs," appropriates the revenues of the canals to the 
 amount limited to the sinking funds created by that instru 
 ment. It admits in priority " collection, superintendence, 
 and ordinary repairs." It excludes extraordinary repairs. 
 It excludes all payments for any other than the specified 
 objects. It may be suggested that this Bill should be con 
 strued as if it had read that these payments shall be made 
 
1875.] VETO-MESSAGES IN 1875. 189 
 
 out of any surplus that may exist of " the gross revenues of 
 the canals," after the payments into the sinking fund shall 
 have been made. The answers to this suggestion are : 
 
 1. The Bill would then he completely illusory and decep 
 tive, and would lead to mischiefs to the private 
 
 Illusory. 
 
 parties depending on it and to the State. It is 
 not within the range of possibility that the canal revenues 
 for the fiscal year 1875-1876 shall be equal to the legislative 
 appropriations for collection, superintendence, and ordinary 
 repairs, and the constitutional appropriations for the sinking- 
 funds. There will be no surplus out of which any payments 
 can be made. All provisions contemplating such surplus will 
 be a mere sham. 
 
 Such a device is objectionable in every aspect. It tends to 
 induce private parties interested in the expenditures to press 
 them in indirect and illegal forms, to obtain advances from 
 innocent parties on the pretended obligations of the State, 
 and will be fruitful of future claims for indemnity. It tends 
 to induce the public officers to aid in illegal expenditures, not 
 on a special public emergency, but as an ordinary practice, 
 and to create a quasi debt against the State where the 
 Constitution expressly prohibits even the Legislature from 
 authorizing any real debt. 
 
 2. The language of the Bill clearly contradicts any such con 
 struction. The payments arc directed to be made " out of the 
 gross receipts of the canals." They authorize the money to be 
 taken for their payments before the payments into the sinking 
 funds. They exclude any idea of waiting for a surplus. 
 
 The Canal Auditor would undoubtedly refuse to make these 
 payments according to the terms of the Bill. 
 But the Legislature ought not to create a neces 
 sity for him to import into the Bill language which they have 
 not chosen to put there, or to require him to make payments 
 which the Constitution forbids. It ought not to enact as a 
 law what, by its manifest import, is a violation of the funda 
 mental law. 
 
190 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 The Constitution of 1846 had its origin in the purpose of the 
 people to limit the creation of State debts. In whatever other 
 particulars it may have failed to answer the objects of good 
 government, the infinite value of its restraints on the creation 
 of debts during the last fifteen years cannot be questioned. 
 Except for these restraints we should now, in all human 
 probability, be groaning under the burden of some hundreds 
 of millions of State debts. 
 
 Extreme ingenuity has been employed in circumventing those 
 restraints. In many smaller particulars the scheme of the 
 Constitution has been defeated ; but in the main it has stood 
 a shield of protection and safety to the people. As far as can 
 be done, step by step, we must restore the rightful operation 
 of these beneficent provisions. We must stand by the true 
 interpretation of their meaning. We must obey them in spirit 
 as well as in letter. We must discard all false practices which 
 have overgrown the true system of sound finance established 
 by the Constitution. 
 
 The practical difficulties of giving effect to a reform in the 
 Obstacles to system of canal appropriations and canal expen- 
 reform. ditures are very great. The existing practices 
 
 are the growth of many years. Numerous contracts for all 
 kinds of work, on every part of the nine hundred miles of 
 canal, were in existence, and were in every stage of progress. 
 Many forms of liability existed for work partially done, on 
 which certificates had been issued. Claims for damages were 
 in every condition, from their origin to the awards by the State 
 officers and appeals therefrom. The habit had grown up, both 
 on the part of those who represent the State and those who 
 deal with the State, of paying very little attention to the Con 
 stitution or the laws, in the contracts which are made, and 
 in the doing of work. Modes of obtaining money, where 
 work had been sanctioned by some act of the Legislature 
 or some act of public officers, without any appropriation or 
 without sufficient appropriation to pay for it, had become cus 
 tomary. Notwithstanding that the Constitution prohibits the 
 
I87S-] VETO-MESSAGES IN 1875. 191 
 
 legislative power from contracting any debt except in the spe 
 cific mode provided, by submission to a vote of the people, it 
 has become usual to issue certificates for work outside of all 
 appropriations or lawful means of payment, as if these certifi 
 cates could create an obligation on the part of the State. It 
 had become usual to do so in many cases where no public offi 
 cer had any authority to create such an obligation ; and these 
 certificates were habitually accepted by banks and private 
 parties as the basis of loans of money, or were purchased 
 as investments. 
 
 The clause of the Constitution which provides for elasticity 
 in the finance system, to the extent of one million of dollars, 
 " to meet casual deficits or failures in revenues, or for expenses 
 not provided for," and which was intended to be used in 
 emergencies, and to be replaced immediately afterward, was 
 speedily exhausted by permanent loans. Every sort of device 
 has been since resorted to to supply the defect. 
 
 To change the existing systems, to cut off the fungus-growth 
 of unconstitutional and illegal, of loose and improvident prac 
 tices without impairing the efficiency of public works and 
 without unnecessary harshness to individuals, was a matter 
 of great difficulty. To make investigations in particular cases 
 so thorough and so conclusive that they could be the basis of 
 action in reference to existing contracts or work partially com 
 pleted, was impossible before the legislation proposed must 
 necessarily be acted on. 
 
 Of the Bills that have come before me for action, several 
 deserve some mention. 
 
 1. THE TAX AND APPROPRIATION FOR THE PAYMENT OF 
 PRINCIPAL AND INTEREST OF THE CANAL DEBT. 
 
 The Bill for this purpose, as prepared by the fiscal officers 
 of the State, and enacted by the Senate and Assembly, received 
 my signature. 
 
192 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 2. TAX TO PAY THE FLOATING CANAL DEBT. 
 
 This provision in the law imposing the State taxes was for a 
 debt existing as early as 1859, which will be extinguished dur 
 ing the present year. The tax for that purpose in 1874 was one 
 tenth of a mill, or $216,930.79. The tax for the same purpose 
 for this present year is one eighth of a mill, or $271,163.49. 
 The increase is $54,239.70. 
 
 3. CANAL AWARDS AND CERTIFICATES OF INDEBTEDNESS. 
 
 This Act is Chapter 263, and is entitled " An Act to authorize 
 a tax of one fifth of a mill per dollar of valuation for the pay 
 ment of awards of the Canal Appraisers, of the Canal Board, 
 and of the Board of Canal Commissioners, and to .pay the cer 
 tificates of indebtedness and interest now outstanding." It is 
 substantially the same as Chapter 462 of the Laws of 1874, 
 and bears the same title. In the main, both of these Bills pro 
 vide for the payment, as they become payable, of the awards 
 of the canal appraisers, or other canal officers specially 
 charged with the duties of making awards. The canal ap 
 praisers usually issue certificates for the awards made by them 
 in a semi-negotiable form. They are the agents of the State, 
 and form the tribunal instituted by the State for the decision 
 of the controversies submitted to them. 
 
 Notwithstanding the great suspicion that has attended cases 
 in which such awards are made, it was obviously impossible 
 for me, during the ten days in which the Bill was in my hands, 
 with the best help I could obtain, and probably it would be 
 impossible in a longer time, to get information which would 
 justify me in attempting to re-try these cases, which had 
 been adjudicated by the lawful tribunal, or would justify me 
 in vetoing a Bill providing the means to pay these awards 
 next year, if, in the mean time, no grounds should appear for 
 withholding or resisting such payments. 
 
 These Bills contain another item, which is the result of a 
 practice very objectionable. About one fourth of the funds 
 
I875-] VETO-MESSAGES IN 1875. 193 
 
 provided by the Act of the present year is for the payment 
 of certificates outstanding in a semi-negotiable form, for work 
 done in excess of the appropriations for the payment of such 
 work. 
 
 The Appropriation Bills of 1874 and several years previous, 
 under which this wofk was done and these certificates issued, 
 contain an express prohibition of the letting of contracts for 
 any amount beyond the appropriation. The provision is in the 
 following words : " No more money shall be expended on the 
 works hereinbefore enumerated than is above appropriated ; 
 and it shall not be lawful for officers having in charge the 
 execution of the said works to make any contracts whereby 
 any expenditure in excess of the appropriation will be in 
 curred, or any further appropriation for the same rendered 
 necessary." 
 
 Notwithstanding these prohibitions, the public officers go on 
 with work in excess of appropriation ; and every year a Bill is 
 introduced into the Legislature, providing for the payment of 
 certificates of indebtedness assumed to be issued in behalf of 
 the State for work done in excess of any appropriation, and 
 expressly prohibited by the Appropriation Acts. And the pub 
 lic have been in the habit of accepting these certificates as 
 if they were regular and legitimate issues of obligations of the 
 State. Banks advance money on them, and private parties 
 purchase them and hold them as investments. 
 
 The State, doubtless, by the exercise of its legislative power, 
 has authority which no municipal or other inferior officer 
 would have to provide for the payment of such certificates 
 on its general view of equity applicable to the case. Indeed, 
 as the State has that quality of sovereignty that makes it 
 incapable of being sued, it can be under no obligation except 
 that of an equitable nature. While it may be admitted that 
 a special case may sometimes occur in which the public good 
 may require an expenditure to be made outside of the laws, 
 in the confidence that the State will afterward legalize, pro 
 tect, and pay it, the existence of a common practice, an 
 
 VOL. II. 13 
 
194 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 established habit, by which the public officers transcend their 
 powers, disregard the salutary restrictions of the laws and 
 the Constitution, and issue pretended obligations of the State, 
 cannot but be regarded as extremely objectionable. 
 
 It was quite impossible, while this Bill was pending before 
 me, to inquire into the equities attaching to such certificates 
 in their origin or in their transfer as they passed to the 
 pledgees or to the new owners in the course of business. I 
 therefore, not without some reluctance at any sanction of 
 such a system, and not without much distrust of awards of 
 which I saw no means of resisting the payment, allowed this 
 Bill to become a law. If investigation shall disclose anything 
 to enable the State to withhold payment in such cases, that 
 defence will be equally available until the tax shall be collected 
 next year and payments actually made. The Canal Auditor, 
 while advising the sanction of this Bill, assured me that he 
 should be vigilant to avail himself of any just ground of pro 
 tecting the State from wrong in the premises. My conclusion, 
 therefore, was to content myself with calling the attention of 
 the public officers to the impropriety as well as the illegality 
 of such a system, and to exert whatever influence I have 
 against its continuance. 
 
 Such appropriations ought not hereafter to be allowed, unless 
 in cases where there can be a clear excuse for an expenditure 
 not provided for by law in some actual public necessity, and 
 where it can be affirmatively shown that the State received a 
 full consideration and is under a clear obligation of equity to 
 make provision for a payment which it had not previously 
 authorized. 
 
 The tax and appropriation in the present year for canal 
 awards and certificates of indebtedness is one fifth of a mill, 
 or $433,861.57, against a tax and appropriation for the same 
 purpose last year of seven thirty-seconds of a mill, or 1474,536.09. 
 The redaction is 840,674.52. 
 
1875.] VETO-MESSAGES IN 1875. 195 
 
 4. THE REAPPROPRIATION BILL. 
 
 The Reappropriation Bill is fully discussed in the memoran 
 dum appended to it. That Bill reappropriates, after the items 
 struck out are deducted, 1340,079.19, against $917,319.63 re- 
 appropriated last year. The diminution of reappropriations 
 is $577,240.44. The amount raised by former taxes now re 
 claimed into the treasury is $67,765.69. 
 
 5. APPROPRIATIONS FOR EXPENSES, COLLECTION, SUPERIN 
 TENDENCE, AND ORDINARY REPAIRS. 
 
 This Bill (Chapter 260, Laws of 1875) passed the Assembly 
 and Canal Committee of the Senate, with but a trifling reduc 
 tion from the appropriations of last year, exclusive of the 
 $250,000 provided last year as a separate item for deficiencies. 
 
 The budget for extraordinary repairs as originally prepared 
 proposed an expenditure of $1,400,000. In the ordinary course 
 of things, the additions which would have been made to it 
 during its passage through the two Houses by the friends of 
 local objects able to influence those bodies would probably 
 have swollen it to as great a magnitude as the Bill of last year 
 for the same purposes, which amounted in tax to nearly 
 $1,900,000, and in appropriation to nearly two millions. 
 
 It was in this condition of things, when the routine, which 
 had become so firmly established, was likely to bring for my 
 action bills which could not be totally rejected, and perhaps 
 could not be effectually altered, and which would practically 
 continue the existing systems of canal expenditure against 
 which I had objected in my Annual Message, and invoked re 
 trenchment and reform, that I felt it my duty to enter upon 
 the investigation, which resulted in the Special Message of 
 March 18, 1875. 
 
 The discussion which ensued generated a spirit in the legis 
 lative bodies and among the people that triumphed over and 
 broke up the routine hitherto dominating, which, like an 
 
196 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 enchanted ship moving onward in its course without a crew, 
 was drifting us into a repetition of all the improvidences, abuses, 
 and frauds so long infesting this department of the public 
 administration. 
 
 The results of this discussion will be found in a reduction of 
 the appropriations for expenses of collection, superintendence, 
 and ordinary repairs, and in the extinction of expenditures for 
 extraordinary repairs. The appropriation for expenses of col 
 lection, superintendence, and ordinary repairs for the present 
 year will be $1,109,150, and 1150,000 for the Upper and Lower 
 Mohawk aqueducts and the sixteen locks, against $1,424,510 
 for the same objects last year, besides $250,000 for deficiencies. 
 The reduction will be $415,360. 
 
 6. APPROPRIATIONS FOR EXTRAORDINARY REPAIRS OF 
 CANALS. 
 
 This Bill, by the revolution which it had undergone before 
 its passage and the consequent rejection of it from Executive 
 sanction, will in its final disposition allow a saving to the 
 State of nearly two millions of dollars. No retrenchment 
 could possibly be so satisfactory. 
 
 I am convinced that, of the eleven millions of outlay levied 
 by taxes for extraordinary repairs during the last five years, 
 very little has resulted in any practical utility to the State, 
 in my judgment, not over one third, probably not more than 
 one fourth, very possibly less than that proportion of this enor 
 mous sum. I do not mean that so large a share of this expen 
 diture has been realized as plunder by those dealing with the 
 State. It has often happened that jobs practically useless to 
 the State have been contrived and lobbied through the Legis 
 lature in order to furnish fat contracts with liberal profits, 
 where the money expended and the work performed were a 
 waste by the State far larger than the profit realized by the 
 contractors. In regard to a very large share of such work, 
 what was not stolen was wasted, and what was not wasted was 
 stolen. 
 
1875.] VETO-MESSAGES IN 1875. 197 
 
 It cannot but be gratifying that in rescuing to the taxpayers 
 of the State such enormous sums, we abandon or lose no real 
 utility ; we withhold no expenditure that will hereafter need to 
 be made ; we abstain from nothing that can conduce to the 
 prosperity of our people or to their happiness ; we merely 
 pluck up by the roots the noxious growth of peculation, fraud, 
 and wrong. 
 
 I had caused to be carefully examined the forty-one several 
 items of expenditure for which this Bill provided when it came 
 to me for signature, and had resolved to object to more than 
 half the amount appropriated, even if I should conclude to let 
 any part of the Bill stand. A larger examination and more 
 reflection, however, brought me to the conclusion that it was a 
 duty I owed the people of this State to refuse my approval to 
 the entire Bill. There are items in it which I should be content 
 to allow if the Bill had provided any mode of lawfully paying 
 for the expenditures which these items involve. But there is 
 nothing which is equitably due to individuals that this Bill 
 would be effectual to pay ; there is nothing proposed therein 
 which is at the present time essential to the safe and efficient 
 working of the canals. 
 
 Senate Bill No. 331, entitled, "An Act in relation to Police 
 Justices in the City of New York." 
 
 Not approved. 
 
 Among the acts concerning the administration of justice in 
 the city of New York that have come before me are three. 
 
 The first provided for the election of an additional criminal 
 judge, with powers similar to those of the city judge, and the 
 appointment of an additional assistant to the district attorney. 
 It was urged as necessary by the Recorder, City Judge, District 
 Attorney, and others. It was finally assented to on condition 
 of a retrenchment in the salaries of the existing and other 
 officers which defrayed the expense of the new officers, and 
 
198 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 made, in addition thereto, a net saving of twenty thousand 
 five hundred dollars to the city. 
 
 The second was Assembly Bill No. 149, in relation to courts 
 of record, giving the sheriff the service of process issued out 
 of courts of record, and was understood to operate on cases 
 arising in the Marine Court of the city of New York. The 
 jurisdiction of the Marine Court except as to marine causes 
 and its procedure were originally similar to those of courts of 
 justices of the peace. The marshal was the constable, who 
 served processes in the petty cases arising in that tribunal. 
 A series of acts have revolutionized the position of the Marine 
 Court. Its jurisdiction was early extended from fifty dollars to 
 two hundred and fifty dollars. In 18T2 it was enlarged to one 
 thousand dollars, and by an Act of the present session it was 
 further enlarged to two thousand dollars. It has become a 
 great tribunal, possessing the external characteristics of the 
 Supreme Court, with six judges, a clerk, deputy-clerk, twelve 
 assistants, four stenographers, an interpreter, and twelve at 
 tendants, and holding general terms, special terms, trial terms 
 in parts, and chambers. It has absorbed a large share of col 
 lection cases ; and, with the recent enlargement of its jurisdiction 
 to two thousand dollars, will become the great " common pleas" 
 of the people. This court has outgrown the constable. The 
 execution of its process occupies a domain which, in all the 
 other counties of the State, is assigned to the sheriff, and was 
 assigned to him here until his functions were superseded by the 
 change of a justice s court into a great common pleas. 
 
 In the controversy which this question produced were, on the 
 one side, the marshals, many of the attorneys practising in this 
 court, and others whom their influence could affect; on the 
 other were the sheriff, most of the judges, many of the lawyers 
 practising in the higher courts, and the Bar Association. 
 Among numerous papers submitted was a copy of a resolution 
 adopted by that body at their March meeting, as follows : 
 " Resolved, that in the judgment of this Association all pro 
 cess of attachment and replevin, orders of arrest, and writs of 
 
1875.] VETO-MESSAGES IN 1875. 199 
 
 execution issuing out of courts of record of this State or city, 
 and to be executed within the city of New York, except when 
 the sheriff is a party, should be executed by the sheriff of the 
 City and County of New York." 
 
 On principle there would seem to be no reason for creating 
 or maintaining an anomaly in the system already existing 
 throughout the State. If there are abuses in the sheriff s office, 
 they should be corrected ; if the system is wrong, it should be 
 changed : but there is no reason why a homogeneous system 
 should not be maintained. If the sheriff s office is stripped of 
 its usual functions, the cost of its support will be thrown upon 
 the county. The recent Bill enlarging the jurisdiction of the 
 Marine Court is the consummation of a series of progressive 
 changes which have revolutionized the character and position 
 of that court, and by a logical necessity draws after it an appli 
 cation of the general rule as to its processes. 
 
 The present Bill adds two new police justices to the eleven 
 now existing. The necessity on public ground for the measure 
 is the subject of some difference of opinion, but it cannot be 
 said to have been established. Eight of the ten justices the 
 office of one being vacant have made a communication to me 
 in which they state that the business for the six months end 
 ing April 30, 1875, was nearly 14 per cent less than last 
 year ; that the Court of Special Sessions can, with the present 
 number of justices, be held daily, if expedient ; and that " any 
 increase in the number of police justices is quite unnecessary, 
 and would serve to create additional expense, to be borne by 
 the city without any corresponding benefit." This communi 
 cation is accompanied by a statement of the Clerk of the Court 
 of Special Sessions as to the amount and condition of the busi 
 ness of that court which seems to confirm the views of the 
 justices. Nor is the Bill commended as forming part of a sys 
 tem, the general operation of which would improve the methods 
 and lessen the excessive expenses of the administration of 
 justice in the city of New York. 
 
200 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 Senate Bill No. 159, entitled, " An Act in relation to the State 
 Prisons and Penitentiaries" 
 
 Not approved. 
 
 The first two sections of this Act provide, in substance, that 
 a person sentenced to imprisonment for life, or for a term of 
 twenty-five years or upward, who has conducted himself prop 
 erly in prison, may, at the expiration of fifteen years, be dis 
 charged by the Governor from actual confinement, and that the 
 residue of the term shall be remitted, unless he is convicted of 
 some other crime, or fails to receive a full pardon within ten 
 
 years. 
 
 Although the discharge is in the discretion of the Governor, 
 he would, as at present in the case of prisoners confined for 
 shorter terms, ordinarily feel bound by the expression of the 
 legislative will, and uniformly release the prisoner upon re 
 ceiving from the proper officers a certificate of his good 
 behavior. 
 
 While some slight provision is made for the sentence of a 
 convict guilty of crime committed after his discharge, it is 
 evident that such provision would be rarely, if ever, executed ; 
 and if executed, that it would be rather as a punishment for 
 the latter offence than for that of which he was originally con 
 victed. The practical effect of these sections, therefore, would 
 be to reduce the punishment for the offences now punishable 
 by imprisonment for life, or for twenty-five years or upward, to 
 imprisonment for fifteen years in the case of a convict conduct 
 ing himself properly in prison. 
 
 The object of these provisions is to offer to life convicts the 
 same inducements to good conduct that are held out to other pris 
 oners ; and it is thought that their adoption would tend greatly 
 to promote the discipline of the prisons. It may be that this 
 would be the case, and that the enactment of this Bill would 
 tend to secure good order among the convicts ; but, in my 
 opinion, this anticipated advantage would be much more than 
 counterbalanced by other and graver considerations. To the 
 
I875-] VETO-MESSAGES IN 1875. 201 
 
 heinous crimes of murder in the second degree, rape, and arson 
 in the first degree should be attached a punishment proportion 
 ate to their enormity. In many other States and countries that 
 punishment is death. Formerly in this State the same dread 
 penalty was exacted. In my judgment, the punishment should 
 not be less than imprisonment for life. In saying this I try 
 to realize the suffering of a life-long incarceration ; but I also 
 consider the nature of these crimes. As a general rule, persons 
 guilty of these offences are unfit ever again to associate with 
 their fellows. A man who proposes to himself the commission 
 of either of these felonies should have before him, as an element 
 of his calculations, the prospect of being forever immured within 
 the walls of a prison. 
 
 The terror of the law, which now deters men capable, through 
 revenge, passion, or lust, of committing these crimes, would be 
 greatly lightened by a change which provides for their libera 
 tion, even at the end of the long period of fifteen years. 
 
 Even for the sake of promoting good order in the prisons, I 
 cannot assent to an enactment which tends to lessen the just 
 sense of the atrocity of these crimes, or of the wickedness of 
 those who commit them. In particular cases, where the circum 
 stances will allow, Executive clemency may now be exercised ; 
 and in this manner only should any proper indulgence be 
 granted. 
 
 Assembly Bill No, 373, entitled, "An Act to amend Chapter 
 219 of the Laws 0/1871, entitled An Act to provide redress 
 for words imputing unchastity to Females? " 
 
 Not approved. 
 
 The second section of this Bill declares that every person who, 
 either verbally or by written or printed communication, accuses 
 a female of unchastity is guilty of a misdemeanor, punishable 
 by a fine not exceeding five hundred dollars, or by imprisonment 
 not exceeding one year, or by both. It contains no qualifying 
 words. 
 
202 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 At common law, spoken words are not the occasion of a 
 criminal prosecution. A man may orally charge another with 
 rape or murder, and he is thereby made liable to only a civil 
 action. 
 
 In libel, where the defamation is deliberate, in an enduring 
 form, and generally obtains considerable publicity, it is perhaps 
 right that the defamer should be liable to criminal prosecution, 
 although the reason given in the books for such liability, 
 namely, that the publication tends to produce a breach of the 
 public peace, is somewhat fanciful. It has, however, been 
 doubted by many jurists whether, on the whole, any good has 
 resulted to the public, or even to the parties immediately con 
 cerned, from the trial of an indictment for libel. 
 
 Where the defamation is oral, made in words which pass with 
 the breath in which they were uttered, made usually in the heat 
 of discussion or controversy, greatly liable to be misunderstood 
 or misrecollected, I can see no reason for making it a public 
 offence. 
 
 If this statutory slander, created by the Act of 1871, is to be 
 made a criminal offence, I can see no reason why slander at 
 common law should not be. To allow this would foment neigh 
 borhood quarrels, encourage litigation, block the courts with 
 trifling causes, and benefit no one, except the class of small 
 lawyers who thrive on this sort of cases. 
 
 But there is another objection to this Bill, which, with me, is 
 conclusive. It does not permit the person charged with the 
 offence created setting up in his defence a justification, or of 
 his putting in the plea of a privileged communication. If a 
 father should inform his son of the lewdness of a woman whom 
 the latter was about to marry, neither the truth of the allega 
 tion nor the privileged nature of the communication would be a 
 defence to an indictment against him. If, contrary to the gen 
 eral rule, oral defamation of this particular character is to be 
 made punishable criminally, the prisoner should at least have 
 all the latitude of defence which is allowed to a defendant 
 upon an indictment for libel at common law. 
 
iS 7 5 ] VETO-MESSAGES IN 1875. 203 
 
 Senate Bill No. 156, entitled, " An Act to provide for the 
 Payment of certain Certificates issued to the Militia of the 
 State for services in the War 0/1812." 
 
 Not approved. 
 
 After the law imposing taxes for the support of government 
 had passed, after all the Appropriation Bills had passed, after 
 the Supply Bill had gone to the Committee of Conference, 
 and the financial means of the State had become fixed, and 
 two days before the final adjournment of the Legislature, this 
 Bill, appropriating $100,000, came into the Executive Chamber. 
 The next day another Bill, appropriating $60,000, appeared. 
 
 The origin of this Bill is remarkable. In 1857, by Chapter 
 597 of the Laws of that year, a commission was appointed to 
 ascertain and determine the sums due for contingent expenses 
 of the militia and Indians rendering material services in the 
 war of 1812. That law provided that, when the amount of these 
 claims should be ascertained, proper measures should be adopted 
 to obtain payment thereof from the Treasury of the United 
 States. That law also provided that certificates, with the name, 
 residence, and amount due of claimants, might be issued, and 
 that upon such certificates the comptroller might indorse the 
 statement that the amount thereof should be paid as soon as 
 the money should have been received by the treasurer of this 
 State from the Government of the United States in the satis 
 faction of such claims. 
 
 Chapter 176 of the Laws of 1859 changed the personnel of 
 the commission, but it did not change the nature of the 
 relation which the State bore to the transaction. It provided 
 for a distribution pro rata among the claimants of such sum 
 as should be received from the United States. 
 
 In 1866 a concurrent resolution was passed by the Legisla 
 ture, asking Congress to appropriate $877,629 to pay these 
 claims. Certificates, expressing on their face that their pay 
 ment was to be made in pursuance of the Act of 1859, were 
 issued. In 1869 an appropriation of $50,000 was got through 
 
204 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 the Legislature, for the payment of such certificates. In 1870 
 another appropriation of $100,000 was made, and in 1874 a 
 further sum of $100,000. 
 
 The Comptroller of the State has communicated to me the 
 information that the addition of this appropriation to the 
 charges now existing against the treasury will create a defi 
 ciency in the means for their payment. The $250,000 which 
 has been appropriated has not sufficed to pay in full the first 
 class of the beneficiaries. It is estimated that not less than 
 $1,000,000 more would be required completely to satisfy the 
 claims of all the classes of beneficiaries. It is quite clear that 
 this Bill, under such circumstances, ought not to become a 
 law. 
 
 Senate Bill No. 185, entitled, " An Act to amend an Act 
 entitled, An Act to amend Chapter 467 of the Laivs of 
 1862, entitled, " An Act to prevent the Adulteration of Milk, 
 and prevent traffic in impure and unwholesome Milk" passed 
 May 2d, 1864. " 
 
 Not approved. 
 
 This Bill re-enacts Section 4 of the Act of 1862, omitting 
 the prohibition of the sale of swill milk. The Board of Health 
 of the city of New York apprehend that it might legalize the 
 dilution of milk by water. It certainly would legalize the sale 
 of milk obtained from cows fed on distillery slops. Protests 
 against such an enactment have been received from the Board 
 of Health of New York, from the Society for the Prevention of 
 Cruelty to Children, from the Society for the Prevention of 
 Cruelty to Animals, and from the Sanitary Superintendent 
 of Brooklyn. Extracts from medical authorities opposed to 
 the use of such milk have been submitted. On the other hand, 
 certificates from eminent chemists favoring such use, and 
 fortifying their opinions by analyses, have also been submitted. 
 
 It is enough to say that a strong and general public judg 
 ment adverse to allowing the sale of such milk was formed 
 
I375-] VETO-MESSAGES IN 1875. 205 
 
 some years ago, and there is now no reason to suppose that 
 judgment has been changed. The subject was the occasion of 
 an extraordinary excitement among the people of New York 
 and Brooklyn, which was appeased by the enactment of the 
 prohibition now proposed to be repealed. If in any respect 
 that legislation can be safely or wisely modified or qualified, 
 the change should be made only after the fullest knowledge by 
 the public, the most ample opportunity for discussion, and the 
 most careful consideration by the authorities having the care 
 of the public health. Nothing of this kind has been done. This 
 Bill, if it should become a law, would be a complete surprise to 
 the people. It cannot receive the Executive sanction. 
 
 Senate Bill No. 303, entitled, " An Act to authorize Cities to 
 provide Railways for rapid transit of persons and property , 
 and to create Corporations for that purpose" 
 
 Not approved. 
 
 Three bills providing for rapid transit were before me on the 
 adjournment of the Legislature. The one amending the acts 
 relating to the New York Elevated Railroad was carefully con 
 sidered. In its present form it is free from the objections alleged 
 against the Bill of last year. The apprehension that it might 
 allow of the use of the Boulevards has been removed by provi 
 sions inserted in the general law, commonly known as the 
 Husted Bill, and by acts done or to be done under those pro 
 visions. On the whole, the Bill seems to be as free from just 
 objections as such a measure is ever likely to be. The road, so 
 far as now constructed, is used with great convenience and 
 advantage by many of our most intelligent citizens, whose 
 opinions, founded on their own experience, have been submit 
 ted to me. The Bill has been signed in advance of the general 
 Bill, in order that its provisions should be controlled by the 
 general law wherever the two are in conflict. 
 
 In choosing between the two general bills designed to pro 
 vide for rapid transit, I have no hesitation in preferring 
 
206 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Assembly Bill No. 739, commonly known as the Husted Bill ; 
 nor have I any doubt that it is inexpedient to establish two 
 general systems. 
 
 It is therefore necessary to disapprove of this Bill, independ 
 ently of the grave objections of a specific nature which exist 
 against it. 
 
 Assembly Bills Nos. 136, 247, 488, 489, 607, amending Chapter 721 
 of the Laws of 1871, entitled, " An Act to amend and consoli 
 date the several Acts relating to the preservation of Moose, 
 Wild Deer, Birds, and Fish ; No. 312, relating to Fishing in 
 Tonawanda Creek, in the County of Wyoming ; No. 640, 
 relating to Fishing in the waters of Clinton County, except 
 Lake Champlain ; and No. 718, relating to Fishing in the 
 Niagara River, within the County of Erie." 
 
 Not approved. 
 
 Although a general law was passed so late as 1871, regulat 
 ing the killing of game and the taking of fish, the whole sub 
 ject is now in the greatest confusion, owing to the numerous 
 and ill-considered acts which have since been enacted. 
 
 The Act passed at the late session, extending the powers of 
 boards of supervisors, confers upon these boards the power of 
 regulating these subjects within their respective counties. It 
 may be desirable that, where a body of water is situated in 
 more than one county, the Legislature of the State should pre 
 scribe the regulations for fishing therein. No one of the bills 
 now before me is, however confined in its operation to such a 
 case. 
 
 The belief that the power is likely to be as well exercised 
 by the boards of supervisors as by the Legislature of the 
 State, is strengthened by the fact that four of these bills pre 
 scribe the rules for fishing in Oneida Lake, each in a manner 
 different from the other, so that if they were all signed, the 
 gentle fisherman would have to inquire which was signed last, 
 in order to ascertain by what rule to govern his conduct. 
 
I875-] VETO-MESSAGES IN 1875. 207 
 
 Assembly Bill No. 417, entitled, " An Act to regulate the use of 
 the Dock or Pier at the foot of Jersey Street, in the Village 
 of New Brighton, in Richmond County" 
 
 Not approved. 
 
 The North Shore Staten Island Ferry Company is in posses 
 sion of the dock or pier mentioned in the title of this Bill, 
 under color of title derived from the State, and claims to own 
 the same in fee-simple absolute, and to have the right to the 
 exclusive use thereof. 
 
 This Bill provides that any vessel plying between New York 
 and the north shore of Staten Island may land and receive 
 passengers or freight at such dock, and commands the police 
 commissioners to remove any obstructions that may now be or 
 may hereafter be placed thereon. It also imposes a penalty of 
 two hundred and fifty dollars upon any person who shall main 
 tain or place any obstruction on said dock which shall prevent, 
 or who shall in any way prevent, the landing of passengers or 
 freight at such dock from any such vessel. 
 
 The promoters of this Bill allege that this dock is subject 
 to public use ; but I have been furnished with no facts sub 
 stantiating that allegation. If it is true, the public have a 
 plain remedy through the courts, and they should resort to the 
 courts in the assertion of their rights. The Legislature ought 
 not to be asked to determine what is purely a judicial question. 
 Legislative adjudication in respect to private rights is worse 
 than judicial legislation in respect to public matters. 
 
 Assembly Bill No. 617, entitled, "An Act supplemental to 
 Chapter 319 of the Laivs of 1848, entitled, An Act for the 
 Incorporation of Benevolent, Charitable, Scientific, and Mis 
 sionary Societies] and the several Acts amendatory thereof" 
 
 Not approved. 
 
 The Act of 1848, as its title implies, is a general Act for 
 the incorporation of benevolent, charitable, scientific, and 
 
208 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 missionary societies, and its provisions have, by several amen 
 datory acts, been extended so as to include corporations for 
 various other purposes. 
 
 By this Bill, any two or more of such corporations are author 
 ized to consolidate themselves. Thus a benevolent society may 
 consolidate with a scientific society, or a missionary society with 
 a charitable society. The members of one society, by becoming 
 members of another in sufficient numbers to control its organi 
 zation, may absorb the property and franchises of the latter, 
 and thus frustrate the purposes of those who have contributed 
 to its support. 
 
 It is the evident intent of the Act of 1848 that a corpora 
 tion formed thereunder shall exercise the functions of only 
 one of the classes of corporations therein provided for. This 
 Bill allows the existence of a corporation having for its objects 
 all the purposes for which any of the numerous classes of 
 corporations provided for in the Act of 1848, and the acts 
 amendatory thereof, may be formed to promote. 
 
 Assembly Bill No. 122, entitled, " An Act for the Improvement 
 of the Navigation of the Hudson River and Catskill Creek, 
 and to make an Appropriation therefor." 
 
 Not approved. 
 
 This Bill came to the Executive Chamber the day before 
 the final adjournment of the Legislature. The law imposing 
 taxes for the support of the Government had passed ; the Ap 
 propriation Bills had passed ; the Supply Bill had gone to a 
 committee of conference ; the financial means of the State to 
 meet expenditures had become absolutely fixed. Any expendi 
 ture not contemplated at the time of the passage of the Tax 
 Bill was necessarily unprovided for, and would either not be 
 met, or would create a deficiency. 
 
 A communication was subsequently received from the Comp 
 troller of the State, in which he advised me as follows : " I am 
 informed that the Old Soldiers Bill (War of 1812) and the 
 
i8 7 5-] VETO-MESSAGES IN 1875. 209 
 
 Hudson River Appropriation Bill were both passed after the 
 Tax Levy Bill was passed ; and if such is the case, there will be 
 no money in the treasury to meet them." I was further warned 
 that such additions had been made to the Supply Bill, that 
 unless they should be reduced, the provisions to meet them 
 would be insufficient. 
 
 No duty is more clear or more imperative than that of keep 
 ing the expenditures within the means provided. The Consti 
 tution has prohibited the creation of a debt in any other mode 
 than the one prescribed. A floating debt produced in the 
 practical operation of the government by recklessness as to 
 the methods by which the two ends can be made to meet is bad 
 financiering, is a deceptive system, a disregard of official duty, 
 and a violation of the Constitution. 
 
 Aside from these considerations, which are in themselves 
 conclusive, it would seem to be wise that the means taken to 
 improve the navigation of the Hudson River, which is an object 
 of just public interest, should be carefully considered, and the 
 plans adopted should be such as are certain to secure the accom 
 plishment of the object. The plans should be made in refer 
 ence to the improvements being carried on for the same purpose 
 by the Government of the United States. 
 
 On the whole, considering that the present Bill would either 
 be futile or would lead to the objectionable consequences 
 pointed out, the subject may be wisely left to the more mature 
 consideration of the next Legislature. 
 
 Senate Bill No. 230. An Act to provide for the building of a 
 town house or hall in the Town of Fort Covington, in the 
 County of Franklin. 
 
 Not approved. 
 
 VOL. II. 14 
 
210 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Senate Bill No. 131. An Act to extend the operation and effect 
 of the Act passed Feb. 17, 1848, entitled, " An Act to 
 authorize the formation of corporations for manufacturing, 
 mining, mechanical or chemical purposes." 
 
 Not approved. 
 
 Assembly Bill No. 519. An Act to provide for the payment for 
 the use and occupation of armories and drill-rooms in the 
 City and County of New York. 
 
 Not approved. 
 
 Assembly Bill No. 538. An Act to amend an Act entitled " An 
 Act to amend the Act for the protection and improvement of 
 the Seneca Indians residing in the Cattaraugus and Alle- 
 ghany Reservations in this State" passed Nov. 15, 1847. 
 
 Not approved. 
 
 Assembly Bill No. 734. An Act to authorize the Coroners of the 
 County of New York to employ a Stenographer in certain 
 
 cases. 
 
 Not approved. 
 
 Assembly Bill No. 613. An Act to incorporate the Bethlehem 
 Mutual Insurance Association, and for other purposes. 
 
 Not approved. 
 
 Senate Bill No. 228. An Act to extend the operation and effect 
 of the Act passed Feb. 17, 1848, entitled, "An Act to 
 authorize the formation of corporations for manufacturing, 
 mining, mechanical, or chemical purposes." 
 
 Not approved. 
 
 Assembly Bill No. 271. An Act supplementary to an Act en 
 titled, " An Act to incorporate the Manhattan Loan and Trust 
 Company of the City of New York," passed June 26, 1873. 
 
 Not approved. 
 
1875.] VETO-MESSAGES IN 1875. 211 
 
 Assembly Bill No. 709. An Act to regulate pilotage for the 
 Port of New York. 
 
 Not approved. 
 
 Assembly Bill No. 404. An Act to amend an Act entitled, " An 
 Act to re-enact and amend an Act entitled, An Act to pro 
 vide for the Annexation of the Towns of Morrisania, West 
 Farms, and Kings Bridge, in the County of Westchester, to 
 the City and County of New York, " passed May 6, 1874. 
 
 Not approved. 
 
 Assembly Bill No. 724. An Act to amend an Act entitled, " An 
 Act for the Preservation of Fish in the River St. Lawrence" 
 passed June 12, 1873. 
 
 Not approved. 
 
 Assembly Bill No. 78. An Act to provide for the payment of an 
 aivard due from the City of Brooklyn to the Brooklyn Park 
 Commissioners for lands taken from Prospect Park for reser 
 voir purposes. 
 
 Not approved. 
 
 Assembly Bill No. 432. An Act relating to armories in the City 
 
 of New York. 
 Not approved. 
 
 Assembly Bill No. 606. An Act to establish a Board of Fire 
 Commissioners for the Village of West Troy, in the County of 
 Albany. 
 Not approved. 
 
 Assembly BUI No. 47. An Act in relation to Railroad Com 
 missioners in the several Counties of the State. 
 
 Not approved. 
 
212 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Assembly Bill No. 741. An Act to provide for the recording of 
 certain decrees in partition suits in the clerks offices of certain 
 Counties of this State, and for the alphabetical indexing of the 
 names of the grantors and grantees of deeds, mortgages, and 
 other instruments recorded and to be recorded in said clerks 
 offices. 
 Not approved. 
 
 Assembly Bill No. 235. An Act to amend the Charter of the 
 City of Brooklyn. 
 
 Not approved. 
 
 Assembly Bill No. 587. An Act supplementary to " An Act in 
 relation to storage and the keeping of combustible material in 
 the City of New York, the, use and control of the Fire Alarm 
 Telegraph, the incumbrance of hydrants and other purposes 
 connected with the prevention and extinguishment of fires 
 therein, and imposing certain powers and duties upon the 
 Board of Fire Commissioners of the said City" passed 
 April 26, 1871. 
 
 Not approved. 
 
 Assembly Bill No. 672. An Act to amend Chapter 879 of the 
 Laws of 1848, entitled, " An Act to simplify and abridge the 
 practice and proceedings of the Courts of this State" 
 
 Not approved. 
 
 Assembly Bill No. 256. An Act to amend Chapter 134 of the 
 Laws of 1851, entitled, " An Act in relation to Weights and 
 
 Measures." 
 
 Not approved. 
 
XL. 
 
 IN the summer of 1875, and after disposing of the business 
 which the Legislature had bequeathed to him, Governor Tilden 
 determined to yield to what seemed a general desire of his 
 friends in the western part of the State, that he should make a 
 tour through the canal counties, which had so deep an interest 
 in the success of his efforts to reform the abuses from which 
 those counties, more perhaps than any others in the State, were 
 the sufferers. 
 
 He left Albany on the 8th of August, in company with 
 the Lieutenant-Governor, William Dorsheimer, and proceeded 
 directly to Buffalo. On the line, both going and returning, 
 the stations were thronged by the people, who were curious to 
 see the man who had dared to beard the Canal Ring, which 
 had hitherto successfully defied the power of every adversary. 
 Besides numerous private entertainments given at Buffalo, he 
 accepted an invitation to a public reception from the Board of 
 Trade on the 10th instant, at which formal addresses were 
 made by Mr. Cyrus Clark, the president, and George B. Hibbard, 
 one of the officers of that body. In his reply to their hos 
 pitable greetings, the Governor urged them to sustain him in 
 his efforts to protect the canals and to elevate the standard of 
 public and official morality in the country, by sending to the 
 Legislature men who would co-operate with him in these efforts, 
 and not obstruct him. 
 
VACATION SPEECHES. BUFFALO. 
 
 MR. HIBBARD, MR. PRESIDENT AND GENTLEMEN OF THE BOARD 
 OF TRADE, I recognize in you, not merely the members of an 
 important commercial body ; not merely the business men of the 
 noble city of Buffalo, but the representatives of that great sys 
 tem of intercommunication by which the products of the fertile 
 and distant West and the populous East are exchanged, the 
 common agents of those great communities which occupy the 
 northern section of our continent. The expense of conveying 
 food to the consumer is often greater than the original cost of 
 raising it. Whatever, therefore, cheapens transportation, adds 
 to the productiveness of human labor as much as increased fer 
 tility of the soil or increased geniality of the climate. Stand 
 ing here in Buffalo and turning the eye into the Far West, we 
 behold a series of lakes, forming the finest inland navigation 
 that ministers to the wants of man, which, if stretched out in 
 a line, would extend more than half the voyage from New York 
 to Liverpool. On the east, by the Erie Canal and the placid 
 waters of the Hudson, the system is extended five hundred 
 miles to the harbor of New York. On the west it is connected, 
 by a complicated system of railways, with every minute part of 
 that most magnificent area of virgin soils which has been the 
 theatre of the arts and industries of civilized life, a region in 
 which Nature has poured out her blessings with boundless prod 
 igality, and which is destined to be the seat of many millions 
 of prosperous and happy people. Taken together, this system 
 is as long in its whole extent as the track across the ocean 
 
1875-] VACATION SPEECHES BUFFALO. 215 
 
 the ocean from the Old World to the New. Consider, my fel 
 low-citizens, on what a grand scale the interests and business 
 of our country are organized. Shall we protect the Erie Canal, 
 which forms one of the most important lines of this system, 
 from spoliation ? That is the question for the business men of 
 Buffalo to consider. You came down to Albany last winter 
 and asked for a reduction of tolls. Ever-anxious to cheapen 
 the cost of transportation and transit, when I came to look 
 into the question, with a desire to carry out your wishes, I 
 found you were confronted by a body more numerous and more 
 powerful than yourselves, the taxpayers of the rural dis 
 tricts of this State, not immediately benefited by the canals, in 
 respect to whom the burdens of taxation had become nearly 
 unendurable, and were bearing with more oppressive severity 
 every day. I ventured, therefore, gentlemen, in my Special 
 Message of March 18, to suggest a plan which I thought would 
 harmonize the various interests at stake. I found there were 
 abuses and maladministration, frauds and peculation, which 
 not only consumed the entire surplus revenues of the Eric 
 Canal, but burdened our taxpayers with more than two millions 
 a year, levied by taxes, under pretence of improving the public 
 works. I proposed, therefore, that we should, on the one hand, 
 reduce the tolls to the extent of five or six hundred thousand 
 dollars, and, on the other, remit a million and three quarters 
 of taxes. Six months have elapsed, and the fruits of that con 
 troversy have secured you the reduction of the tolls you asked 
 for, and remitted to the taxpayers two and three quarter 
 millions of the burdens imposed on them last year. 
 
 I propose to you to-day, gentlemen, that we should continue 
 this policy. If the people of this State will send to the next 
 session of the legislative bodies representatives who will hon 
 estly co-operate in this great work, I here to-day promise them 
 and promise you that, whereas we reduced the taxes last year 
 from seven and a quarter to six mills, next year we will put 
 them down to four and a half, and even four mills. Afterward 
 they can be reduced still lower. You commercial men of 
 
216 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 Buffalo have not only the common interest which every taxpayer 
 has, but also the special advantage of further enfranchising trade 
 and improving the means by which it is carried on. We shall 
 save a fund large enough to answer every object of this descrip 
 tion, and go forward and make this great and noble State and 
 its institutions all that it has a right and is destined by Provi 
 dence to become. I know, gentlemen, that attempts have been 
 made to discourage the people in this great work. We have 
 been told that nothing has been accomplished ; that nothing 
 can be ; and that the people are to remain bound with withes, 
 to be the prey of those who consume the fruits of taxation. 
 In answer, I point to the practical results of six months of 
 reform. What are they ? 
 
 First, we have wounded and crushed a system of abuse, mal 
 administration, fraud, and peculation that has fattened upon 
 the public works, the transporter, the consumer, and the tax 
 payer. And if the people of this State are true to themselves, 
 that system, once broken, will never be revived. In the second 
 place, there has been enacted a series of laws to bring to ac 
 count the public agents and official persons and punish their 
 malversations, the efficacy of which, if faithfully administered 
 by the courts, will soon be seen. In the third place, we have 
 reduced the tolls and remitted the taxes to the large extent I 
 have mentioned. In the fourth place, measures have been in 
 stituted to hold to account the public plunderers. These meas 
 ures have been taken as early and as rapidly as possible, and 
 are going on to consummation. I am glad, myself, to be re 
 proached for being too slow. I have been as fast as I could, 
 and have given all my time to your service; but I rejoice to be 
 reproached for being too slow, because it indicates to me that 
 the people are impatient to consummate the great reform. 
 
 Fifth, and lastly, gentlemen, there is something higher, more 
 important, more noble, more deeply concerning human society 
 than even these material advantages. We have lifted the stan 
 dard of public and official morality in the country ; we have 
 awakened a sense of justice and duty in the people ; and are 
 
1875.] VACATION SPEECHES BUFFALO. 217 
 
 rousing public opinion to demand better government and purer 
 administration everywhere. Gentlemen, the cause will not fail. 
 In the last session it was often betrayed, sometimes defeated, 
 and generally obstructed ; but it will go on to a complete tri 
 umph, which will be a blessing to the whole of these five mil 
 lions of people who live within the jurisdiction of this State. 
 Whoever shall dare to obstruct or oppose it, or stand in its 
 way, will fall, not to rise again. I know there are men of sel 
 fish interests who have not yet learned that the old age has 
 gone out and the new age has come in. There are public men 
 seeking popular favor who still think that the way to success 
 and honor is to combine selfish interests, to pile Canal Ring 
 upon Tweed Ring, and so rule the people of this free State. 
 According to the measure of my ability, I humbly represent 
 the common sense of the people of this State, the farmers, 
 the mechanics, the laborers, the men of business, the moral 
 sense and purpose of the community against its selfish and 
 fraudulent interests. Now, men of Buffalo, I ask you to-day 
 to consider what is to be your part in this work ? While about 
 your various callings and industries, you leave the government 
 to take care of itself, and men who mean to make money by 
 plundering you, give their nights and days to study out the 
 methods ; they are always at conventions and caucuses ; they 
 go to the Legislature, and while you are reposing in fancied 
 safety, are plotting against your interest and rights. If you 
 will permit me to offer a suggestion, I do not assume to ad 
 vise, I only say that when bad men combine, good men should 
 unite. And if you will be as earnest, and determined, and per 
 sistent in demanding that the right shall be done, politicians 
 will court your favor, and not the favor of the Canal Ring or 
 any other Ring. What concern have you by what name a man 
 is called who goes to Albany to misrepresent your interests 
 and duties ? Is it any satisfaction to a Republican that that 
 man is called a Republican, or to a Democrat that he is called 
 a Democrat? Does it make any difference what livery he 
 wears to serve the devil in ? I say you have but to assert your 
 
218 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 rights, and they will be respected ; and when the parties to 
 which you belong come to make their nominations, if there be 
 on the tickets any one not true to you, you have but to exercise 
 the reserved right of the American citizen, to vote for some 
 body else. 
 
 Gentlemen, I avail myself of this occasion to thank the 
 Board of Trade for their kind invitation, and the citizens of 
 Buffalo generally for the prodigal hospitalities that have been 
 bestowed on me during the two days I have been visiting my 
 friend Lieutenant-Governor Dorsheimer, who is about to take 
 up his temporary residence in Albany. I thank you for your 
 kindness to me, which I ascribe not so much to myself person 
 ally as to the cause which I serve. 
 
XLI. 
 
 4 
 
 ON the llth of August, about eight o clock in the evening, 
 Governor Tilden reached Syracuse, on his return from Buffalo. 
 As soon as his arrival became known, the citizens began to 
 throng toward his hotel ; and by nine o clock the square in 
 front of it was filled, and loud calls were made for the Gov 
 ernor. He finally came forward with the Mayor of the city, 
 by whom he was presented to the people. As soon as the 
 applause and cheers which his appearance provoked had a little 
 subsided, the Governor proceeded to address them. The fact 
 that Syracuse was the home of the most conspicuous and influ 
 ential members of the Canal Ring lent special significance to 
 the Governor s remarks. 
 
VACATION SPEECH SYRACUSE. 
 
 CITIZENS OF SYRACUSE AND THE COUNTY OF ONONDAGA, 
 If I had anticipated that I should be called upon to-night to 
 speak to such a vast assemblage of people as I see before me, I 
 should have been more economical of conversation on the cars. 
 I am glad, however, to meet you. I am glad to see that the 
 question of reform in the administration of the public affairs in 
 this State is awakening a deep interest in the minds of the 
 people. 
 
 It is not necessary for me to draw your attention in detail to 
 the particular abuses in regard to the canals of this State. 
 You have become, alas ! too familiar with the situation. Here, 
 under your own eyes and your own observation, these transac 
 tions have been carried on in open day by a combination that 
 have sought to rule the State. I am sure, by your coming here 
 to-night, that you are determined there shall be thorough and 
 effectual reform in these matters. Fellow-citizens, so far as 
 depends upon me, I wish to say to you that nothing shall be 
 withheld. Your causo will be carried forward and onward. 
 All the foroe of the law will be exercised to procure for you 
 your rights, and to punish those who have violated them. 
 
 I was called on this morning to speak some words of encour 
 agement and hope to four hundred little boys in the Western 
 House of Refuge. During all my journey I have been frequently 
 followed by persons asking for their friends and for those in 
 whom they were interested a pardon from the penitentiaries 
 and State prisons. I have been compelled to look into such 
 
iS75-] VACATION SPEECHES SYRACUSE. 221 
 
 cases to see who are the inmates of these institutions and of 
 what they have been accused, and to ascertain what it is that 
 constitutes the wrong to society of which they have been con 
 victed. When I have compared their offences, in their nature, 
 temptations, and circumstances, with the crimes of great public 
 delinquents who claim to stand among your best society, and 
 are confessedly prominent among their fellow-citizens, crimes 
 repeated and continued year after year, I am appalled at the 
 inequality of human justice. The effort to give you redress has 
 been for the last three months derided and scoffed at. We have 
 been told that nothing would come of it ; that the people would 
 fail ; that their rights would not be maintained ; and particu 
 larly that these great, rich, and powerful culprits would prevail 
 would escape the measures of the law and the punishment 
 of their crimes ; that their palaces, built with the moneys drawn 
 from the sweat and toil of our honest, industrious, hard-working 
 citizens, would continue to rise like exhalations and shame 
 public morality and public honor. 
 
 Fellow-citizens, I say to you to-night as I said on the 4th of 
 November, 1871, now nearly four years ago, when 1 took a 
 share in the great contest in New York city, in your cause I 
 will " follow where any shall dare to lead, or lead where any 
 shall dare to follow ! " The cause will not fail ; whoever shall 
 venture to stand against it will fall to rise no more. I have no 
 apprehensions that the law will fail of its efficacy ; but I will 
 speak a word of encouragement to those who are less hopeful. 
 You can send, if needful, to the legislative bodies men who will 
 make new and better laws to punish these wrongs and to bring 
 these wrong-doers to justice ; and the people, by the exercise of . 
 their sovereign authority, may, if need be, in convention assem 
 bled, redress all defects and failures of public justice. If our 
 legislative bodies and public officers fall short of their duty, the 
 people can recall the powers they have delegated, can reno 
 vate the administration of justice, until those eyes, represented 
 in Roman statuary as blind, shall be made to see substantial right 
 and genuine law. 
 
222 THE WORKS OF SAMUEL J. TILDE N. [1875. 
 
 / 
 Fellow-citizens, I know you do not expect me to address this 
 
 vast audience beyond a reasonable exertion of my voice. I will 
 therefore refer you to what I said on a late occasion before the 
 Buffalo Board of Trade. Every word said there I repeat to 
 you to-night. I assure you that, so far as the administration of 
 the law is concerned, nothing shall be spared to protect and en 
 force your rights with impartial justice. I say this in no spirit 
 of vengeance, " with malice toward none, with charity for 
 all ; " but, with a firm devotion to the rights and interests of 
 the people, the work of reform must and shall go forward. 
 
XLII. 
 
 ON the 12th of August Governor Tilden arrived at Utica. 
 During the evening he was serenaded, and presented to the 
 citizens of Utica, who had assembled in large numbers to 
 greet him, by the Honorable Francis Kernan, a resident of 
 Utica, and then a member of the United States Senate. Mr. 
 Kernan, in introducing the Governor, said he desired to unite 
 with his fellow-citizens in commending the firm, energetic, and 
 untiring exertions of the Governor to inaugurate reform and 
 to bring back the administration of the State government to 
 honesty and economy in every department. Governor Tilden 
 replied as follows. 
 
VACATION SPEECH- UTIC A. 
 
 CITIZENS OF UTICA, I feel to-night like a Grecian in the 
 age of Demosthenes speaking to the Athenians. I shall address 
 a few plain words to an audience educated by the statesmanlike 
 thoughts of Horatio Seymour and the fervid eloquence of 
 Francis Kernan. I am glad to meet you glad not so much 
 on my own account as for the cause that excites so deep an 
 interest in the hearts of this great gathering. The State of 
 New York, first in the sisterhood of American commonwealths, 
 embraces within her borders the commercial emporium of the 
 Union, and comprises five millions of the most active popula 
 tion on the face of the globe, representing every variety of the 
 industries. I have had occasion recently to present to my fellow- 
 citizens some observations in respect to the means of harmo 
 nizing the views of those interested in the navigation of the 
 canals, in the improvement of the public works, and in the re 
 moval of the burdens of the taxpayers of the rural districts. 
 Looking a little farther beyond the borders of our own State, 
 it is impossible for us to maintain the policy most fitting for 
 ourselves, and not shower its benefits upon our sister States. 
 An older commonwealth, as we are, we renew and live over 
 our youth again in the great, rising, active communities of the 
 Northwest, Illinois, Wisconsin, Iowa, and Missouri ; and I 
 am rejoiced that it is impossible for us to protect and develop 
 our own interest in respect to the great systems of inter 
 communication which traverse our State without conferring 
 like benefits on these great Western communities. 
 
1875.] VACATION SPEECHES UTICA. 225 
 
 Gentlemen, in some remarks I had occasion to address 
 to the Board of Trade of the city of Buffalo the other day, I 
 adverted to the fact of the remission of taxation which we had 
 accomplished in this State. I refer to the subject to-night be 
 cause the telegraphic report wonderfully accurate in the main 
 stated the reduction of taxes to have been only $2,250,000, 
 whereas it is over $2,700,000. I desire to correct this error, 
 and make known how much has been accomplished in this 
 respect. 
 
 A product of the increased valuation will be brought into 
 the treasury unknown and unexpected at the time the tax-bills 
 were enacted. The valuation is something like $200,000,000 
 larger this year than last, which will bring it to about 
 $1,200,000,000. That money will be a surplus in the treasury 
 at the end of the year. Even deducting that amount, our 
 remission of taxes would be $1,500,000. But the appropriations 
 have been reduced to such an extent that there will be a further 
 surplus beyond that increase of revenue ; and we shall be able, 
 if honest men are sent to the legislative bodies who will co 
 operate in the work of reform and carry on the business of 
 this State economically, to reduce the taxes from 6 mills, 
 which they are now, to 4J, and perhaps to 4 mills. They were 
 last year 7J mills. This year we have reduced them to 6 ; 
 next year we can reduce them to 4^ or 4. And we can con 
 tinue still further to reduce them to 2 or 2 mills, until they 
 are as low as they were before the late civil war. 
 
 Fellow-citizens, this is a matter of interest to you all. I ask 
 you to give your attention to the choice of the men who are to 
 represent you. Last year you had to elect an Assembly only ; 
 this year you are to renew the whole Senate, the whole As 
 sembly, and the whole Canal Board, all the Legislature and 
 the principal administrative bodies of the State. You have, 
 therefore, at the coming election the power to work a revolution 
 in the administration of the canals. Partial changes are of no 
 utility. A new man of good intentions and ordinary force of 
 character engrafted upon the existing body of officials will 
 
 VOL. II. 15 
 
226 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 accomplish nothing. What you want is a renovation of the 
 whole system. 
 
 Gentlemen, I am not of those who accept men who seek 
 shelter under the Democratic flag while they betray the rights 
 and interests of the people. I am in favor now, as in 1871, 
 of shooting as a deserter any man calling himself a Democrat 
 who plunders the people; and I hope our Republican fellow- 
 citizens will do the same. In elevating one party we necessa 
 rily elevate the other. I desire particularly to call the attention 
 of the farmers of this great agricultural county, situated in the 
 centre of the State, surrounded by other agricultural counties, 
 to the interest they have in carrying out these great reforms. 
 The taxes which are paid to the Federal Government are col 
 lected indirectly, and but little felt by the people. In the cities 
 municipal taxation is the largest burden ; but in the agricul 
 tural counties it is the State tax which constitutes the chief 
 visible burden. And I call on the farmers to consider the pe 
 culiar and extraordinary degree of their interest in the reduc 
 tion of State taxes. 
 
 Fellow-citizens, it is not that we withhold anything that is 
 necessary for the public good ; not that we will withdraw our 
 aid from those great social objects with which the government 
 usually concerns itself : but it is that we stretch out our hands 
 and crush the spoilers of the public treasury. It has been said 
 that the commission appointed to investigate the canal frauds 
 have been slow. They have undoubtedly taken considerable 
 time to carry on their investigations. But let me say to-night 
 that they have collected a body of evidence of great accuracy 
 and completeness that will enable the suits to proceed with 
 rapidity and vigor. Indeed, the cases are already half tried by 
 the labors of that commission ; and it will be discovered ere 
 long that the fruits of their work will amply answer the 
 expectations of the people. 
 
 Gentlemen, I am on a journey from Buffalo to Albany, and 
 have stopped over night to see some friends, and am happy to 
 meet the citizens of this place, those who feel an interest in 
 
iS75-] VACATION SPEECHES UTICA. 227 
 
 good government and pure administration; and I hope that 
 every man within the sound of my voice will bear in mind and 
 carry with him to his home a sense of how much depends upon 
 the part he shall act in this great work. It is not enough for 
 you to select men who make fair professions ; you are to look 
 to what they have done hitherto. If you find them reformers 
 who see some objection to every measure of reform and no 
 danger or evil in plunder or fraud, but great mischief in every 
 thing intended to repress them, let these men stay at home. 
 Let them watch in silence their own household gods, and send 
 to the legislative bodies men who have at heart the cause of 
 the people. Fellow-citizens, it is not to ourselves alone that 
 we are to look when we consider what is involved in this con 
 troversy. The whole United States, and indeed other countries, 
 are interested in it. The cause of free government has been 
 dishonored and imperilled by the abuse, maladministration, and 
 peculations that have recently prevailed in this country. 
 
 Whenever among the countries of the Old World men are 
 aspiring to a larger measure of liberty and a larger share in 
 the conduct of government, they are met by the disparagement 
 of the free institutions of America. By the most sacred ob 
 ligations, by the highest of human duties, all citizens of what 
 ever party are bound to unite to contribute what they may to 
 the purpose of redeeming the reputation and securing the 
 successful working of the free institutions in this great com 
 monwealth. Citizens, shall we have your co-operation in this 
 great cause ? Are you ready, in the coming canvass, to what 
 ever party you may be attached, to insist that these great 
 objects shall be paramount? You have only to will it, and 
 the cause will go forward and onward to complete success. 
 
XLIII. 
 
 THE Central New York Annual Fair in 1875 was held at 
 Utica ; Governor Tilden accepted an invitation to visit it on 
 the 30th of September. The report that he was to be there 
 drew a large crowd, estimated by the contemporary Press at 
 " fully twenty-five thousand persons." At 2 p. M. the Gover 
 nor, accompanied by ex-Governor Seymour and Senator Ker- 
 nan, both of Utica, was escorted to the fair-grounds by Young s 
 Independent Cavalry corps and the Adjutant Bacon Cadets. 
 He was then formally presented to the assembled multitude by 
 Mr. Thomas R. Proctor, the president of the Association, who 
 spoke of the presence of the chief magistrate of the common 
 wealth as a just recognition of the important public interests in 
 part represented by their Association. He added : " Agriculture, 
 horticulture, and mechanics, while they are the primary sources 
 of the prosperity of other pursuits, are eminently self-sustain 
 ing. Their greatest foe, however, is taxation, direct and 
 indirect, when made oppressive by official peculation and cor 
 ruption. We now greet you, sir, because we are naturally in 
 full sympathy and accord with your patriotic, well-directed, and 
 fearless efforts to relieve the people of this State, and more 
 especially the labor which is expended on the products of the 
 soil, from ruinous taxation. We venture to congratulate you on 
 your success thus far, and to encourage you with an assurance 
 of our hearty co-operation in that laudable work." When the 
 applause which followed these remarks had subsided, Governor 
 Tilden made the following brief address. 
 
VACATION SPEECH CENTRAL NEW YORK FAIR. 
 
 MR. PROCTOR, GENTLEMEN OF THE FAIR, AND CITIZENS OF 
 CENTRAL NEW YORK, I felicitate myself that I have to-day 
 an opportunity to witness the magnificent display of your in 
 dustries, and what is more magnificent, this mass of farmers 
 and citizens. New York, of all the States of the Union, in its 
 agriculture embraces the largest number of farmers, has more 
 invested in its farms and agricultural implements, and yields 
 every year a larger product for its agricultural industries, than 
 any of the other American commonwealths. True it is that 
 New York is transcendent in its commerce, and exceeds in its 
 manufactures and mechanical industries all the other States 
 of the American Union ; but with these great achievements in 
 the arts, it still maintains its front rank in the agriculture of 
 the United States. 
 
 I know that in addressing you, fellow-citizens and farmers, 
 I have to encounter a dangerous rivalry. Here among you is 
 the illustrious dairyman of Deerfield, farmer Horatio Seymour ; 
 and I have to compete with the ornate oratory of Roscoe 
 Conkling and with the fervid eloquence of Francis Kernan, 
 two famous husbandmen of Utica : but I venture to put for 
 ward my little claim also to be heard among the farmers of 
 my native State, where, if I have not done much myself in the 
 agricultural line, at least I can claim a long line of ancestors 
 who have been devoted to the tillage of the soil. 
 
 Two hundred and forty years ago one of my ancestors, 
 whose name I bear, came to this country. At that time a man 
 was not allowed to emigrate unless he was certified to by the 
 
230 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 public authorities ; and they certified my ancestor as a " yeo 
 man," one of those yeomen of Saxon and Kentish England 
 who preserved their free customs and ancient and immemorial 
 liberties during all the feudal ages. I therefore present my 
 patent of nobility as a descendant from a yeoman whose race for 
 many centuries had never submitted to arbitrary power. 
 
 Fellow-citizens, as I grew up I lived among farmers, not in 
 a city like Utica, not in a village, but in a hamlet where almost 
 every man I met was a tiller of the soil. I believe that I 
 learned to understand their temper, their character, and their 
 interests ; and ever since through life I have been mindful of 
 them in the humble part I have taken in the conduct of public 
 affairs. And I consider myself invited to-day, by the remarks 
 made by the President of your Society, to say to you a few 
 words in regard to the interests of the farmers of the State of 
 New York. In the present condition of our public affairs I 
 have no word of a partisan character to utter. I have nothing 
 to say to you that any American citizen should not say to 
 every other American citizen, to whatever political party he 
 may belong, or whatever his political opinions may be. My 
 proposition, then, gentlemen, is this, that the farmer, more, 
 perhaps, than any other class, is interested in the question of 
 taxation, which has been adverted to by the President of your 
 Association. His gains come slowly and with difficulty. No 
 fortunate speculations, no turn of the markets, no exercise of 
 his wits fills his little treasury. It is toil honest, patient, 
 industrious toil to which alone he can look for the surplus 
 which at the end of the year enables him to fill his little store 
 and to meet the constantly recurring demands of the tax- 
 gatherer. I say, therefore, that he, more than any other 
 citizen of the community, is interested in this question. 
 Now, my fellow-citizens, what are the facts in respect to 
 this matter? Our forefathers fought that they 
 might establish on this continent an association 
 of equal American citizens, who should be able to conduct their 
 public affairs simply, by a government attending to a few com- 
 
i8;S.] VACATION SPEECHES CENTRAL NEW YORK. 231 
 
 mon objects, preserving and maintaining justice, protecting 
 the citizen, and leaving the mass of his earnings in his pocket, 
 to be disbursed according to his tastes and according to his 
 desires. They fled to this country from the oppressions and 
 burdens of European government, and established a free 
 commonwealth in the hope that through all the future their 
 institutions might be preserved, at small cost, with justice and 
 frugality. Now, my fellow-citizens, if you look at the census 
 of 1870 you will find that the taxes of that year were fivefold 
 what they were in 1860. It was five years after the close of 
 the war ; and yet the taxes were not reduced to the former 
 amount, and to-day they are very little reduced. Now I am 
 not going to undertake to say here whose fault this is. I sup 
 pose that in some degree it is everybody s fault ; it will be 
 your fault if you do not correct it. Fellow-citizens, I had occa 
 sion at the beginning of the legislative session last winter to 
 state to the legislative bodies and to you that the taxes for the 
 last ten years following the war had been $7,000,000,000, 
 or $700,000,000 a year on an average for ten years. Now I 
 submit to you whether this is not too large a portion of all 
 you can earn, to be appropriated for such a purpose. 
 
 Think of it ! Your national debt is but the amount of 
 three years taxation. Think of it ! You have built in the 
 last forty years seventy-six thousand miles of railway. The 
 nominal amount of their stocks and bonds may be something 
 near $4,000,000,000, and the actual cost about $2,500,000,000. 
 Fellow-citizens, the whole of this vast sum expended for these 
 purposes is less than three and a half years of your taxes. 
 Try another illustration. You are very justly proud that 
 you are the greatest gold and silver producing nation in the 
 world. You boast that on your broad areas of fertile soils 
 you raise cereals to send abroad to eke out the supply neces 
 sary to feed the population of the Old World. You send 
 forward your grain from every part of the United States, 
 You send meats ; you send wheat and corn and cheese ; you 
 send other products of the farm ; you send vast quantities 
 
232 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 of petroleum. And then you have one crop, the mass of 
 which is exported, the largest that any nation in the world 
 ever contributes to the exchanges of mankind, I mean the 
 cotton crop, which yields from $200,000,000 to 8280,000,000 
 a year foreign exports. Now what is the result ? When you 
 have sent forward your gold and silver, your petroleum, your 
 wheat, and your corn, your cheese, your butter and meat and 
 cotton and products of every kind, when you have raked and 
 scraped this continent from the Lakes to the Gulf, and from the 
 Atlantic to the remote interior, what have you done ? 
 
 When you have gathered together all these products and 
 paid the cost of carrying them to the seaboard, 
 
 The result. 
 
 a cost often larger than the original cost of rais 
 ing the products, with every exportable commodity carried to 
 the Atlantic seaboard and deposited in the vessels of foreigners, 
 you have paid ten months of one year s taxes. I use these 
 illustrations to present, in as clear a manner as possible, the 
 nature of this burdensome system to which you have submitted. 
 In a speech which I made seven years ago I depicted this con 
 dition of things, and said that while you could pay what you 
 did during the swelling of values out of the froth of apparent 
 and illusory wealth, when prices should settle to their ordinary 
 condition, as they are sure to do, then it would take not 
 merely your earnings and your income, but would trench upon 
 your capital itself to pay such taxation. And now, gentlemen, 
 while at that time it was difficult to get an audience or find 
 ears willing to listen, that change has come, it is upon you. 
 No human contrivance or act of government can prevent or 
 stay the reaction that results from fictitious values. When 
 prices recede, then there settles around us, like a dark cloud, 
 this weight of taxation which you should have foreseen and 
 averted years ago. 
 
 Fellow-citizens, I appeal to you, without reference to your 
 
 party character or party affiliations, to ioin in 
 
 Elect honest men. J 
 
 the demand for the retrenching and redressing 
 of these evils. If you are Eepublicans, see to it that no Re- 
 
1875-1 VACATION SPEECHES CENTRAL NEW YORK. 238 
 
 publican goes to the legislative halls except he represent you 
 faithfully on this subject. If you are Democrats, see that 
 no man goes to represent you in the legislative bodies who 
 will not do his entire duty to the labor and industry of the 
 country. In this respect you have but to will it, and the 
 farmers though they have ceased to govern the State of New 
 York as completely as they did thirty or forty years ago, when 
 they formed two thirds or three fourths of the whole mass of 
 voters to-day exercise such a vast power that they can con 
 trol the result ; and they are interested in a peculiar degree 
 in State taxation. In the city of Utica, in all the cities of the 
 State, the heaviest burden of taxation is from municipal taxes ; 
 but in the rural districts the State taxes are about half, and 
 the town and county taxes the other half, of what the farmer 
 has to pay. 
 
 It is in your power to control the town and county taxes ; and 
 you have only to send men to Albany who will The farmer > s power 
 faithfully represent you, to control also the State to contro1 taxes> 
 taxes. 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 and all around our State institutions, 
 and which were smothering their vitality. We have reduced 
 already your taxes from seven and a quarter mills to six mills 
 for the present year ; and if you will send to Albany next win 
 ter men who will join in this object, you can reduce them to four 
 mills. I invoke the attention of the farmer to this interesting 
 subject. It is not alone the saving of dollars and cents, but you 
 cannot preserve your present system of government unless you 
 purify administration and purify legislation. 
 
 The evils of corrupt government are not confined to the 
 taking of money from the people to enrich those who are 
 not entitled to its enjoyment, but the growth of such a system 
 saps all public virtue and all public morality ; and at last 
 " a government of the people, by the people, and for the people " 
 will cease to exist, as other republics in ancient times have per 
 ished from general demoralization and corruption. 
 
XLIV. 
 
 ON the 7th of December, 1875, the Hebrew Charity Fair in 
 aid of the Mount Sinai Hospital was held at Gilmore s Garden. 
 At eight o clock Governor Tilden, accompanied by Andrew H. 
 Green and Enianuel B. Hart, entered and took his seat on the 
 platform, surrounded by the leading members of the Jewish 
 community. After the enthusiastic applause which greeted 
 the appearance of Governor Tilden had subsided, and after a 
 few introductory remarks by Mr. Hart, Governor Tilden came 
 forward and spoke as follows. 
 
VACATION SPEECH HEBREW CHARITIES. 
 
 LADIES AND GENTLEMEN, It gives me great pleasure to 
 commend the noble charity which you are assembled to pro 
 mote, not only to that great class by which it has been orga 
 nized, but to the whole public. The unwritten obligations of 
 the official trust which I have held from the people of the State 
 of New York during the last year have added so largely to its 
 routine duties as to leave me little opportunity for occasions 
 like the present ; and when your committee did me the honor 
 to invite me to come here to-night to open your proceedings, 
 I dared hardly hope that it would be in my power to avail 
 myself of their courtesy. It is now two hundred and twenty 
 years since the first little colony of your race and religion 
 planted itself in the city of New York ; and although its 
 growth for a long time was slow, latterly the increase has 
 been so great that to-day I am credibly informed it comprises 
 about seventy thousand of the people of the city of New York. 
 It is not in numbers only, it is not for industry and thrift 
 merely, that this class is distinguished ; but it is conspicuous in 
 all those pursuits that form the strength and the glory of a 
 commercial metropolis. They are useful citizens, generally 
 setting examples of domestic and social morality. They are 
 distinguished for their respect for parents, for their education 
 of their children, for their fidelity to all moral obligations, and 
 for their personal virtues ; and they to-day in New York repay 
 this great commonwealth for the fostering care and equal 
 privileges which from the earliest times it has freely extended 
 to them. This race and creed, which have been persecuted 
 
236 THE WORKS OF SAMUEL J. TILDEN. [1875. 
 
 in every clime and in every age, first found equality before the 
 law in America. This great State of New York to-day com 
 prises almost five millions of population ; and from its first 
 independent existence, indeed far back in its colonial period, 
 it extended to you all the rights of American citizenship. 
 How much, ladies and gentlemen, this is, you will see when 
 you reflect for a moment that it is within our own day that the 
 first man of this race and creed was admitted into the munici 
 pal councils of London ; and it is only a few years since the 
 first man of this race and creed was allowed to take a seat in 
 the Parliament of Great Britain. Fortunate is this State, with 
 some few exceptions the other States of the Union, and our 
 Federal Government, in being foremost in admitting to full 
 equality your kinsmen. While you bear your burdens, your 
 share of all the public charities that are carried on by taxa 
 tion, you contribute very little to those burdens ; you care 
 for your own poor and your own unfortunates to a degree 
 that I think is equalled by no other class of citizens. It is 
 for this reason that this charity commends itself to the sym 
 pathy, to the confidence, to the encouragement and support of 
 the whole people. I am informed, also, that in terms this 
 institution is not confined to any nationality or any creed, but 
 that its beneficent care is freely tendered to all poor and unfor 
 tunate, and that at least 20 per cent of your benefactions are 
 to races and creeds different from your own. I trust, ladies 
 and gentlemen, your fair will transcend in its success your 
 expectations and your hopes. 
 
/*3 
 
 ft" 
 
 XLV. 
 
 THE second Annual Message of Governor Tilden was sub 
 mitted to the Legislature on the 4th of January, 1876. It was 
 at a moment of profound business depression, which had en 
 dured already for three consecutive years with no prospect of 
 relief. Wages continued falling, incomes and property were 
 shrinking, and chilling distrust seemed to have arrested the 
 circulation of the nation s wealth. To explain this state of 
 things, to trace its cause and suggest the remedies, was the 
 special and distinguishing feature of this Message. Though 
 applied to a temporary situation, the doctrines here expounded 
 belong to the ripest science of political economy. 
 
SECOND ANNUAL MESSAGE. 
 
 EXECUTIVE CHAMBER, ALBANY, Jan. 4, 1876. 
 To the Legislature. 
 
 THE annual meeting of the legislative assemblies at the 
 beginning of the new year finds the people of this common 
 wealth in the enjoyment of blessings which ought to fill us 
 with reverent thankfulness to Him from whom cometh every 
 good and perfect gift. Whatever the earth could yield to the 
 labor of man under the fructifying and genial forces of nature 
 we have garnered. Health, peace, and domestic tranquillity 
 have been ours. Capacities to produce in largest abundance 
 and with least sacrifice, or to acquire by exchange through the 
 best natural and artificial machinery of transport and travel, 
 all things which minister to material well-being, to the pros 
 perity and wealth of a State, and to the comfort and felicity 
 of its individual members, have been and are subject to our 
 use. 
 
 It was early discovered that New York possessed within her 
 territory the natural passes of military operations which, in the 
 wars for colonial existence and for national independence, 
 cross-tracked our soil with fire and blood. Our territory was 
 also found, on the later development of the national growth, to 
 occupy the natural thoroughfares of travel and traffic. It 
 touches the ocean with a harbor ever open, accessible, and safe, 
 close by whose gates the ocean currents compel to pass nearly 
 all transatlantic navigation to and from this country. It con- 
 
1876.] SECOND ANNUAL MESSAGE. 239 
 
 nects that harbor and the tranquil Hudson, on the north with 
 Lake Champlain and the Canadas, and on the west by a level 
 crossing the bases of the mountain ranges that traverse the 
 continent, with Lake Erie and its chain of great inland seas, 
 bordered by rising commonwealths which are the marvels 
 of modern times. 
 
 We are, with our fellow-citizens of the other States, joint 
 inheritors of a system of government, the selected product of 
 the oldest existing civilization, formed according to the best 
 ideals evolved from human experience, but freed from the over 
 growth of habits and interests elsewhere incident to such 
 experience, and planted in the virgin soil of an unoccupied 
 continent, abounding in all the gifts of nature. Our popula 
 tion, by the census just taken, is nearly four and three quarter 
 millions. Our annual product of agriculture is still greater 
 than that of any of our young rivals, whom we contemplate 
 with admiring pride as in part the creations of our policy 
 and the swarming homes of our own children. Our domestic 
 manufactures are larger than those of any other State. Our 
 foreign commerce is once and a half that of all the rest of the 
 Union. 
 
 Common schools, in which are taught a million of youths, 
 and seminaries of higher learning, are training our successors 
 to improve on whatever they can inherit from the present gen 
 eration. Institutions of charity dispense everywhere their bene 
 factions ; and the surface of our whole domain is dotted thickly 
 by edifices whose spires point to heaven. 
 
 If on this fair picture there are spots that indicate a recent 
 prevalence of private waste or folly, or that disclose evils or 
 wrongs by government, resulting in much temporary distress, 
 let us remember with humility that we have been in part the 
 authors of what we deplore, or at least consenting witnesses ; 
 and let us be grateful that we can reform what is amiss, 
 and that to our hands, under God, is committed our own 
 future. 
 
 The nominal amount of the debts of the State, as they appear 
 
240 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1876. 
 
 Debts of the State. 
 
 on the books of the Comptroller, without deducting the sinking 
 funds applicable to their payment, on the 30th 
 of September, 1875, the close of the last fiscal 
 
 year, was $28,328,686.40, classified as follows : 
 
 General Fund $3,119,526.40 
 
 Contingent 68,000.00 
 
 Canal 10,086,660.00 
 
 Bounty 15,054,500.00 
 
 $28,328,686.40 
 
 The amount of those debts on the 30th of September, 1875, 
 after deducting the assets in the sinking funds at 
 that time applicable to their payment, is exhib 
 ited by the following statement, furnished by the Comptroller : 
 
 The sinking funds. 
 
 
 Debt, 
 Sept. 80, 1875. 
 
 Sinking Fund, 
 Sept. 30, 1875. 
 
 Balance. 
 
 General Fund . 
 
 $3 119 5% 40 
 
 $3 029 605 70 
 
 $89 9 9 70 
 
 Contingent 
 
 68 000 00 
 
 36 677 64 
 
 31 32 36 
 
 
 10 086,660.00 
 
 1 448 345 51 
 
 8 638 314 49 
 
 
 15 054 500 00 
 
 *9 066 753 29 
 
 5 987 746 71 
 
 
 
 
 
 Totals . . . . 
 
 $28 328 686 40 
 
 $13 581 382 14 
 
 $14 747 304 26 
 
 
 
 
 
 The actual reduction during the year of the debts by cancel 
 lation of matured stocks and by the purchase of $858,000 of the 
 bounty loan for the sinking fund is $1,870,770. The diminu 
 tion during the year of the debt, after deducting the assets of 
 the sinking fund, is $2,744,505.06. 
 
 But even this exhibit does not completely show the situation 
 of the sinking funds as we are to deal with them 
 in the legislation of your present session. The 
 appropriations made at the last session became operative on 
 the 1st of October, 1875. The taxes levied for the fiscal year 
 beginning on that day are in process of collection. 
 
 The appropriation for the Bounty Debt Sinking Fund was 
 $4,260,000. If that sum be deducted from the balance of 
 
 * Deducting interest accrued to Oct. 1, 1875, payable Jan. 1, 1876. 
 
 The Bounty Debt. 
 
1876.] SECOND ANNUAL MESSAGE. 241 
 
 $5,987,746.71, as shown in the table for the 30th of September, 
 1875, there would remain but $1,727,746.71 to be provided for 
 by your legislation. 
 
 The near approach of the extinction of the Bounty Debt sug 
 gests a retrospect. If it had been a necessary condition to a 
 restored union, our people would not count its cost. But it 
 was essentially an after-war adjustment ; and if the criticism 
 of the Comptroller in his Report of 1875 be just, that though 
 created " nominally to pay bounties to the volunteer soldiers 
 who enlisted in the service of the United States during the 
 rebellion, but only an inconsiderable part of this sum is believed 
 to have reached the soldiers who were actually engaged in the 
 contest," the experience would be chiefly useful in illustrating 
 the magnificent costliness of improvident debt. The appropria 
 tion for it in the last ten years amounts to $39,983,862.97, and 
 interest would swell the present cost to at least $50,000,000. 
 When the appropriation of the present year shall be added, the 
 people of this State may be congratulated on its extinction. 
 
 The appropriation at the last session for that portion of the 
 canal debt known as the floating canal debt 
 
 Canal debt. 
 
 was $266,000, which will complete its payment 
 and leave a small surplus in the sinking fund. On the other 
 hand, the sinking fund for the canal debt proper will fail to 
 derive from the revenues of the canals the whole amount of 
 the instalment required ; and a deficiency of $625,610.70 will 
 have to be supplied. 
 
 The application of the sums appropriated from taxes now in 
 process of collection would reduce the State debts Who]e amount 
 to about ten and one quarter millions of dollars, of debts> 
 exclusive of accruing interest. Another observation ought to 
 be made in respect to the sinking funds. Nearly twelve hun 
 dred thousand dollars of the assets consist of premiums on its 
 stocks at cost or at present market rates. It is clear that 
 the operations of the sinking funds should be revised. The 
 best investment, certainly the safest, for a State as for an 
 individual is in the payment of its own debts, if that be 
 
 VOL. II. 16 
 
242 THE WORKS OF SAMUEL J. TILDEN. [1876- 
 
 possible on reasonable terms. Individuals seldom find easy 
 credit anything but a snare ; States never. A large mass of 
 cash on hand, even if in sinking funds, tempts to improvident 
 expenditure and to illegitimate use. 
 
 Thirty years ago, in June, the Convention sat which formed 
 Constitutional our present Constitution. It was called into being 
 
 restrictions on . 
 
 public debts. chiefly to impose restraints on the power ol the 
 Government of this State to contract debts. The purpose of 
 the people to establish these guards against their agents was 
 the result of years of animated discussion. The restraints 
 were carefully devised. They have been useful, and, in the 
 main, effectual. In 1846 our State debts were nearly twenty- 
 four millions. In 1876 they will be reduced to ten and a quarter 
 millions. 
 
 The Convention considered plans for applying such restric 
 tions to all municipal bodies and local governing officials. 
 They did not feel able, in the period of their session, to mature 
 satisfactory provisions. They devolved the duty on the Leg 
 islature, commanding its performance. Their injunction has 
 been unexecuted; and in 1876 the city of New York has a 
 debt of one hundred and twenty-two millions, after deducting 
 its sinking funds, against a debt of less than fourteen millions 
 in 1846. The other cities of the State owe sixty millions, and 
 many counties and towns are also largely burdened. 
 
 Sole surviving member of the committee which prepared 
 the constitutional restrictions on the creation of State debts, I 
 might be permitted, in honor of the illustrious dead, to trace 
 the moral our experience has since proved of the utility of 
 their work ; but I have recounted the results to show that the 
 policy was then, and is now, absolutely necessary to the safety 
 of the people in all State and local governments. 
 
 The taxes levied by the Legislature of 1874 were 1\ mills 
 Taxes for state on a valuation of $2,169,307,873. Their produce, 
 SMS* when all realized, is $15,727,482.08. The taxes 
 levied by the Legislature of 1875 were 6 mills. They were 
 computed in the Comptroller s office and in the Legislative 
 
iS 7 6.] 
 
 SECOND ANNUAL MESSAGE. 
 
 243 
 
 The reduction. 
 
 committees on the valuation of the previous year. On that 
 basis their produce would have been $13,015,847.24. 
 
 The reduction would have been $2,711,634.84. But the 
 valuation was increased to $2,367,780,102. The 
 produce of a 6 mills tax on that amount is 
 $14,206,680.61. The increase of the valuation gives an excess 
 over the estimated amount of $1,190,833.37. The reduction 
 actually effected is $1,520,801.47. 
 
 A reduction of taxes, without reduction in appropriations, 
 would but create a deficiency and a floating debt. Appropriations 
 These would have to be paid by a subsequent c 
 increase of taxes. The appropriation bills were framed to 
 correspond with the lower valuation, and much effort was 
 made to keep down the appropriations. The result is shown 
 in the following table : 
 
 APPROPRIATIONS AND TAXES OF 1875 COMPARED. 
 
 
 Mills. 
 
 Appropriations 
 of 1875. 
 
 Tax computed 
 on valuation of 
 1874. 
 
 Tax computed 
 on valuation of 
 1875. 
 
 Excess. 
 
 Schools .... 
 Bounty Debt . 
 Capitol 
 
 J* 
 
 1 
 
 $2,712,000.00 
 4,260,000.00 
 1 000 000.00 
 
 $2,711,634.84 
 4,338,615.75 
 1,084 653.94 
 
 $2,959,725.13 
 4,735,560.20 
 1 183,89005 
 
 $248,090.29 
 396,944.45 
 99 236.11 
 
 Canal Floating 
 Debt .... 
 Canal awards 
 General pur 
 poses .... 
 Deficiency and 
 asylums . . . 
 
 f 
 
 If 
 11 
 
 266,000.00 
 422,766.90 
 
 2,986,825.00 
 1,525,213.53 
 
 271,163.48 
 433,861.57 
 
 2,982,798.33 
 1,193,119.33 
 
 295,972.51 
 473,556.02 
 
 3,255,697.64 
 1,302,279.06 
 
 24,809.03 
 39,694.45 
 
 272,899.31 
 109,159.73 
 
 
 
 $13,172,805.43 
 
 $13,015,847.24 
 
 $14,206,680.61 
 
 $1,190,833.37 
 
 Excess of appropriations over tax, computed on valuation of 1874 . $156,958.19 
 Excess of tax, computed on valuation of 1875, over tax computed 
 
 on valuation of 1874 1,190,833.37 
 
 Excess of tax, computed on valuation of 1875, over appropriations 
 
 of 1875 1,033,875.18 
 
 The reduction in the appropriations of 1875 below the taxes 
 of 1874 counting, at its true construction, one item about 
 which there may be some doubt is $2,554,677.65. This 
 
244 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 leaves the sum of $1,033,875.18 applicable to the reduction 
 of taxes for the coming fiscal year. 
 
 The appropriations for ordinary expenses and repairs of the 
 Reduction of ap- canals made at the last session for the fiscal year 
 S2fEr beginning Oct. 1, 1875, were, $1,109,150, and for 
 or funds. ^ curren t fiscal year a special contingent pro 
 
 vision of $150,000, making $1,259,150. The like appropriations 
 made at the session of 1874 were $1,424,510, and a provision 
 for the then current year for deficiencies of $250,000. The 
 reduction in 1875, as compared with 1874, is $415,360. The 
 Canal Reappropriation Bill in 1874 reappropriated $917, 319.63 ; 
 that of 1875 reappropriated $340,079.19. The diminution is 
 $577,240.44. The amount raised by former taxes reclaimed 
 into the treasury by striking out items in the Reappropriation 
 Bill of 1875 is $67,765.69. 
 
 The objects in respect to which a reduction of taxes was 
 effected were, 
 
 1874. 1875. Reduction. 
 
 Extraordinary canal repairs . . $1,898,144.39 None. $1,898,144.39 
 
 Asylums and reformatory . . . 813,490.45 $479,800.00 333,690.45 
 
 General purposes 4,189,475.84 3,696,117.66 493,358.18 
 
 $2,725,193.02 
 
 1. In respect to the first item, the Memorandum assigning 
 reasons for withholding the Executive sanction from the Bill 
 making appropriations for extraordinary repairs to the canals 
 contains the following observations : 
 
 "The budget for extraordinary repairs, as originally prepared, 
 proposed an expenditure of $1,400,000. In the ordinary course 
 of things, the additions which would have been made to it during 
 its passage through the two Houses by the friends of local objects 
 able to influence those bodies would probably have swollen it to as 
 great a magnitude as the Bill of last year for the same purpose, 
 which amounted in tax to nearly $1,900,000. 
 
 "It was in this condition of things, when the routine, which 
 had become so firmly established, was likely to bring for my ac 
 tion bills which could not be totally rejected, and perhaps could 
 not be effectually altered, and which would practically continue 
 the existing systems of canal expenditure, against which I had 
 
1876.] SECOND ANNUAL MESSAGE. 245 
 
 objected in my Annual Message, and invoked retrenchment and 
 reform, that I felt it my duty to enter upon the investigation 
 which resulted in the Special Message of March 19, 1875. 
 
 " The discussion which ensued, generated a spirit in the legisla 
 tive bodies and among the people that triumphed over and broke 
 up the routine, hitherto dominating, and which, like an enchanted 
 ship, moving onward in its course without a crew, was drifting us 
 into a repetition of all improvidences, abuses, and frauds so long 
 infesting this department of the public administration. 
 
 " The results of this discussion will be found in a reduction of 
 the appropriations for the expenses of collection, superintendence, 
 and ordinary repairs, and in the extinction of expenditures for 
 extraordinary repairs." 
 
 2. The reduction in the second item was the result of a 
 policy adopted by the finance committees of the two Houses, 
 with my concurrence, of confining the appropriations to such 
 sums as would make available arid bring into use the portions 
 most nearly approaching completion of the asylums and reform 
 atory, now in the course of construction. The appropriations 
 allowed to pass, conform, in the main, to that plan. 
 
 3. The Memorandum assigning reasons for withholding the 
 Executive sanction from certain items of the Supply Bill ex 
 pressed the belief that " with the reductions made in the legis 
 lative bodies, and by the refusal of the Executive sanction to 
 items and bills passed by the Legislature, the expenditures 
 and appropriations ought not to exceed the taxes levied ; and 
 the reduction of taxes will be a clear saving to the people." 
 It added that " the failure of sundry items and bills to receive 
 the Executive sanction will reduce the appropriations as fol 
 lows." And it enumerates such items to be paid by taxes 
 amounting to $332,169; and items struck out which reclaim 
 cash to the treasury, $67,765, making a total of $399,934; 
 besides items to be paid out of canal revenue to the amount of 
 $365,946. 
 
 The failure to keep the appropriations down to the taxes 
 levied on former occasions has led to deficiencies in the 
 treasury and floating debts which are forbidden by the Consti- 
 
246 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 tution, and to violations of the sinking funds. We cannot too 
 vigilantly guard against a recurrence of these evils, or insist 
 too inflexibly that no appropriation shall be made until the 
 means of paying it shall have been provided. 
 
 The taxes for State purposes in 1874 were 7-J mills on a valua- 
 Reduction of state tion of $2,169,307,873, producing $15,727,482.08. 
 on?haK r Saxes The taxes for State Purposes in 1876, if reduced 
 of 1874 - to 3 T % 2 ^ mills on the valuation of 1874, or &fflfa 
 
 mills on the valuation of 1875, which is $2,367,780,102, would 
 yield $7,863,741.04. 
 
 After a careful consideration of the elements of the question, 
 I have arrived at the conclusion that a reduction, substantially 
 of this extent, can be effected without detriment to the public 
 interests if there exist no deficiencies yet undiscovered in the 
 public accounts, and if no extraordinary necessity for new 
 appropriations shall arise. 
 
 It may be proper to indicate some of the chief particulars in 
 which this reduction can be made. 
 
 1. Payment on debts of the State. 
 
 Appropriations in 1874. Necessary in 1876. 
 
 For Bounty Debt $4,260,000.00 $1,727,746.00 
 
 For Canal Debt 198,888.00 625,610.70 
 
 $4,458,888.00 $2,353,356.70 
 
 Keduction 2,105,531.30 
 
 2. Canal expenditures. 
 
 1874. 1876. 
 For extraordinary re 
 pairs $1,898,144.39 None. 
 
 For awards . . . 474,536.10 $172,680.49 
 
 $2,372,680.49 
 
 Eeduction which, as to canal awards, is esti 
 mated 2,200,000.00 
 
 3. Reduction by means of surplus 
 
 of taxes in 1875 1,033,875.18 
 
 Carried forward $5,339,406.48 
 
i8 7 6.] 
 
 SECOND ANNUAL MESSAGE. 
 
 247 
 
 Brought forward $5,339,406.48 
 
 4. The taxes provided for general 
 purposes in 1875 were less than 
 
 those of 1874 by $493,358.18 
 
 The excess of appropriations over 
 taxes, computed on the old valua 
 tion, was 156,958.19 
 
 Balance $336,399.99 
 
 Counting on the same appropria 
 tions this year, there will be a 
 reduction of 336,399.99 
 
 5. The tax for new asylums and 
 reformatory in 1874 was . . . 813,490.45 
 
 The appropriation for 1875 was . 479,800.00 
 
 Balance $333,690.45 
 
 If the same appropriations were 
 made in 1876 as in 1874, the re 
 duction would be 333,690.45 
 
 The reductions effected in these items would be . . $6,009,496.92 
 
 In order to effect the diminution of taxes one half, 
 there would remain to be effected out of the other 
 appropriations a further reduction of .... 1,854,244.12 
 
 The other taxes in 1875, as appropriated, were, 
 
 For new capitol 1,000,000.00 
 
 For asylums and reformatory 479,800.00 
 
 Remainder of taxes appropriated for general pur 
 poses, 1874 . 3,696,117.66 
 
 Taxes appropriated for schools, 1874 2,660,000.00 
 
 Total $7,835,917.66 
 
 A quarter of that would be 1,958,979.41 
 
 The balance of the reduction proposed is .... 1,854,244.12 
 
 Three quarters of the reduction contemplated will have been 
 effected out of half the taxes in the items mentioned. There 
 would seem to be no difficulty out of the remaining half of the 
 taxes to make the remaining quarter of the proposed reduction. 
 The subject will be further discussed when the principal objects 
 of the expenditures are separately considered. 
 
248 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 It is not intended to insist on positive exactness of results. 
 The permanent ^ n t ^ ie exigencies of a great State, unforeseen 
 result. necessities may arise. But in private business, 
 
 and in the administration of those great corporate bodies 
 which are the growth of modern times, and some of which 
 receive and disburse larger sums than the treasury of the 
 State, it is found to be wise and even necessary to work up to 
 a systematic plan. The State ought to do the same. It is one 
 of the evils of unsystematic legislation and administration that 
 results are never certain, that expenditures exceed appropria 
 tions, and appropriations exceed taxes. A floating debt is thus 
 created by some subordinate officer or authority, which the 
 Constitution expressly prohibits the law-making powers of the 
 Government from creating, except to the extent of a million 
 dollars. But there seems to be no reason to doubt that, on 
 the scale of our present population and our present policy, the 
 remission of taxes may be permanent. 
 
 In 1877 the million and three quarters required this year 
 for the bounty debt will be unnecessary. It is possible, if 
 the canals are well managed, that the demand from them on 
 the treasury may be somewhat reduced. The State prisons, the 
 quarantine, and the salt works all afford scope for retrench 
 ments ; they now share the fate of all other business and 
 speculations which the State undertakes. A decay of income 
 and a growth of expenditures indicate the incompetence of the 
 State, in its sleepy indifference, to compete with the ever vigi 
 lant and earnest activity of private interests. The deficiency 
 in the State prisons for the year is nearly 1550,000, and of the 
 quarantine about $62,000, making 8612,000. This sum and 
 the last instalment of the Bounty Debt, amounting to a million 
 and three quarters, which is a charge on this year, and the defi 
 ciency in the canal sinking fund, amount in the aggregate to 
 $2,960,000. 
 
 The result, expressed in round numbers, is, that after you 
 have reduced the taxes for State purposes from sixteen millions 
 to eight millions, three of the eight millions remaining are or 
 
1876.] SECOND ANNUAL MESSAGE. 249 
 
 ought to be for exceptional expenditures. That amount, there 
 fore, ought to form a fund adequate, after this year, to meet the 
 exceptional expenditures of the State for improving the main 
 trunks of the canals and finishing all public buildings that 
 ought to be finished, and for an ultimate further remission of 
 taxes. 
 
 I have made this explicit exposition of the subject, at the 
 opening of your session, in order that in all the formative 
 stages of legislation involving expenditures, appropriations, and 
 taxation, the considerations suggested may be present to your 
 minds. The amendment to the Constitution, first brought into 
 operation at the last session, imposing on the Governor the 
 obligation to revise every item of appropriation, works a change 
 in official practice amounting to a revolution. Hitherto, as 
 the appropriations were embraced in bills that had to be 
 accepted or rejected as a whole, the items have been, in effect, 
 withdrawn from the action of the Governor. The responsi 
 bility now devolved on him is very laborious and difficult. 
 It tends, perhaps, to work some change in the customary 
 relations of the departments. In ordinary legislation it is 
 stretching the function of the Executive veto too far to apply 
 it to every case in which the Governor, if a member of the 
 Senate or Assembly, would vote against a Bill. There seems 
 to be a disposition to hold the Executive to the extreme of 
 accountability in respect to appropriations. This tendency 
 may be carried so far as to disturb the constitutional equi 
 librium of the executive and legislative forces. Not desir 
 ing to amplify my official powers, nor disposed to shrink 
 from any just responsibility, the occasion seems fit to invite 
 a frank understanding, to avow my own wish for, and to seek 
 from you a cordial co-operation on this subject for the good 
 of our common constituents. I have endeavored to narrate 
 the financial condition, prospects, and possibilities of the State 
 in plain language, divested of the technical forms of com 
 plicated accounts, which render financial statements capable 
 of being analyzed only by experts, and incapable of being 
 
250 THE WORKS OF SAMUEL J. TILDE N. [1876. 
 
 understood by anybody, without explanations which they do 
 not contain. 
 
 In my Annual Message of last year I entered into a full 
 Policy of the discussion of the policy of the State in respect 
 
 State as to the 
 
 Erie Canal. to the construction, ownership, management, and 
 improvement of the Erie Canal. 
 
 In my Special Message of March 19, 1875, 1 opened a dis 
 cussion as to the improvidence, waste, and corruption which 
 have infested the administration of the canal system. Inviting 
 your attention to those documents, I confine myself on this 
 occasion to a brief summary of the policy of the State as it 
 may be deemed now to be settled. 
 
 1. Not denying the general unfitness of Government to con 
 struct, own, or manage the works which offer the means of 
 transportation, the State of New York saw an exception in the 
 situation and in the nature of the canals which are trunk 
 connections between the Hudson River and the great inland 
 seas on the north and west. Connecting vast navigable public 
 waters, they assume something of a public character. They 
 are a link of 350 miles in a system which, on the one hand by 
 1,500 miles of the waters of the Great Lakes, and on the other 
 hand by 3,150 miles of the waters of the Hudson River and the 
 Atlantic Ocean, connects the crowded populations of Europe 
 with the fertile prairies of the Northwest, covered with their 
 network of tributary railways. 
 
 2. The Erie Canal remains an important and valuable instru 
 ment of transport, not only by its direct uses, but by its regu 
 lating power in competition with the trunk railways between 
 the East and the West. 
 
 3. The Erie Canal has a capacity to accommodate an aggre 
 gate tonnage at least twice as large as has ever offered. It is 
 capable of being made an instrument of the cheapest trans 
 portation per ton per mile which artificial navigation, in ex 
 isting geographical and physical conditions, can attain, not 
 by changing its essential character, but by perfecting it and 
 giving it the highest efficiency. 
 
1876.] SECOND ANNUAL MESSAGE. 251 
 
 4. The policy upon which the State appears to have decided, 
 and that which I had the honor to advocate in the Constitu 
 tional Conventions of 1846 and 1867, and which is set forth in 
 my Messages of the last year, is to keep these great public 
 works as a trust for the million, not seeking to make revenue 
 or profit to the sovereign out of the right of way. 
 
 The State originally undertook the construction and admin 
 istration of the public works in order to secure a facile and 
 cheap transportation, to which private enterprise was then 
 and long afterward inadequate. It early opened to free com 
 petition every mode of transit, even in rivalry to its own 
 works, for the interchange of the agricultural products of the 
 West and of the manufactures and merchandise of the East. 
 It has not exacted from the trust a full return of its advances, 
 but in expenditures in excess of the revenues and defrayed 
 by taxes, and in remission of tolls, it has made large sacrifices 
 to cheapen the cost of transportation. It has not sought to 
 limit the advantages of its policy to its own citizens, nor has it 
 paused because the prices even for our own consumption 
 of exported cereals and other agricultural products are fixed 
 by foreign markets, so that the benefits of a reduced cost of 
 conveying them to the seaboard accrue chiefly to the Western 
 producers. 
 
 In the progress of the last session it became obvious that 
 the retrenchment in the ordinary expenses of the situation at the 
 canals, and in the outlays for new work recom- l 
 mended in the Message, were not likely to be in any degree 
 realized. The appropriations for ordinary repairs, as passed by 
 the Assembly and by the Canal Committee, were nearly equal 
 to those of the previous year. The appropriations for new 
 work, as called for by the budget submitted by the Canal com 
 missioners to the committees of the Legislature, were at least 
 as large as the similar estimates of the year before. 
 
 In the mean time the canal revenues for the months of Sep 
 tember and October which are in the then current fiscal year, 
 were falling off one quarter of their former amounts ; and the 
 
252 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 forwarders, boatmen, and others engaged in transportation 
 were appealing for a reduction in the tolls, in order to enable 
 them to continue their business. On an investigation, induced 
 by this emergency, it was found that in the preceding five 
 years the State had levied taxes of between eleven and twelve 
 millions of dollars for extraordinary repairs, besides deficien 
 cies in the sinking fund, thereby imposing a burden of almost 
 three millions a year upon the taxpayers. And upon inquiry 
 as to how these vast sums had been expended, it appeared 
 that much had been for objects of no real utility, that many of 
 the contracts had been obtained by sham biddings in evasion 
 of the law, and that there was reason for suspicion as to the 
 durability and value of the work. 
 
 In this condition of things I proposed a reconciliation be 
 tween the discontented taxpayers and the dis 
 tressed transporters by a thorough reform in the 
 service and the system, which should remit taxes, reduce tolls, 
 and increase the efficiency of the canals. 
 
 The first step was to obtain the information necessary to 
 
 investigating enable remedies to be devised and wisely applied. 
 
 commission. rp^ comm i ss i on appointed under the joint reso 
 lution and statute, consisting of Messrs. John Bigelow, Daniel 
 Magone, Jr., Alexander E. Orr, and John D. Van Buren, Jr., 
 immediately after their organization, made such personal inspec 
 tion of the most important parts of the canals as was possible 
 before the water was let in for navigation ; and after that was 
 done they proceeded to investigate many of the contracts for 
 work on the canals and the transactions connected with them. 
 
 I shall not outrun the public sense of the great and oner 
 ous service which these gentlemen have given to the State 
 when I say that they have executed the trust reposed in them 
 with unswerving and impartial fidelity, and with distinguished 
 intelligence and ability. 
 
 The frauds are not the simple case of embezzlement of pub 
 lic money, or a cheat in the payment of taxes, but are to be 
 traced through the complicated work of construction, and are 
 
1876.] SECOND ANNUAL MESSAGE. 253 
 
 sheltered by the complicity or connivance of officials whose 
 duty it is to protect the State. The truth has to be discov 
 ered and the proof obtained from unwilling and sometimes 
 unscrupulous witnesses. 
 
 The primary object is to reform the system and establish 
 every possible security against a recurrence of the evils. 
 While security for the future is of transcendent importance, 
 indemnity for the past is to be sought. Civil and criminal 
 redress is to be enforced. 
 
 If it is a matter of toil and difficulty to make the investiga 
 tions effectual, it is infinitely more so to conduct the actions in 
 the courts to their conclusion, in cases so numerous and com 
 plicated. It will be necessary for you to make a special appro 
 priation for aid to the Attorney-General. 
 
 The income and expenses of the canals for the Income and ex- 
 fiscal year ending Sept. 30, 1875, are shown by P enses of canals " 
 the annexed table. 
 
254: 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1876. 
 
 J 
 
 111 
 
 22 
 
 c<s 
 
 111 
 
 fi 
 
 o 
 
 * 
 
 ITS CO ^ r-l rH t^ O 
 CM O f-i <N <N CO 00 
 
 t~-C5DOOOOCTi 
 
 O5^O1O5 
 
 q.wco^i- 0,0^ ; ^ co 
 
 co co" o" 05" co" co" oT r-T 
 
 - f r-H (^ 
 
 O5 o<M-^F-^r^co 
 
 OifSOJ T^T^F CO 
 
 ocN-^r^oi^OF-* 
 o" oT r-T co" rf TjT t^T 
 
 F- O O CO 10 
 
 .5 
 
 Tj; 1^ C5 O 
 
 "iC^OSO 
 00 5 CN 
 
 (N CO^^ 
 
 . ss 
 
 1JJIJP 
 
 3 3 
 
i8 7 6.J 
 
 SECOND ANNUAL MESSAGE. 
 
 255 
 
 It will be seen that the income is stated at $1,902,990.64 ; 
 and the explanation is made at the Auditor s 
 
 Real income. 
 
 office that as the receipts are a month later than 
 the earnings, the computation includes the receipts of Septem 
 ber, 1874, and excludes those of September, 1875. As the for 
 mer month yielded $166,341.10 more than the latter, except 
 for this mode of computation the result would be $1,736,651. 
 The estimate in my Special Message of March 19, founded on 
 the data there given, was $1,715,168. The calendar year 1875 
 gives only $1,584,018. 
 
 The following is a comparative statement of Comparative 
 
 .,,- , statement, 1874 
 
 the revenues and expenses for the fiscal years and 1875. 
 1874 and 1875, furnished at the Auditor s office : 
 
 STATEMENT 
 
 Showing the aggregate receipts and payments on account of the ordinary expenses of 
 the Canals for the last two years. 
 
 1874. 1875. 
 
 Receipts from tolls, etc $2,947,972.91 $1,925,995.63 
 
 Payments to superintendents and repair contrac 
 tors $1,176,021.46 $985,105.10 
 
 Payments by Canal commissioners for repairs . . 121,694.91 279,616.69 
 
 Payments to collectors and their assistants . . . 84,833.44 75,857.41 
 
 Payments to weighmasters and their assistants . 12,846.39 12,118.09 
 
 Refunding tolls, salaries of officers, etc 74,070.63 61,759.65 
 
 Reserve balance of appropriation for concreting 
 the sixteen locks and re-truuking the Upper and 
 
 Lower Mohawk aqueducts . . 52,859.01 
 
 Total expenses for the year $1,469,466.83 $1,467,315.95 
 
 Net receipts 1,478,506.08 458,679.68 
 
 This statement shows a falling off in the toll receipts of the 
 last fiscal year as compared with those of 1874 of $1,021,977.28, 
 decrease in payments of $2,150.88, and a loss in net receipts of 
 $1,019,826.40; the net revenue being $625,610.70 short of the 
 requirements of the sinking fund under Article VII. Section 3 
 of the Constitution. The amount required is as follows : 
 
256 THE WORKS OF SAMUEL J. TILDE N. [1876. 
 
 Interest, in coin $634,290.38 
 
 For sinking fund 450,000.00 
 
 $1,084,290.38 
 
 Actual surplus 458,679.68 
 
 Deficiency $625,610.70 
 
 It is to be noted that the expenses during all the present 
 Explanatory com- y esir i except the last two months of navigation, 
 ment - that is, up to Sept. 30, 1875, were under 
 
 the appropriations of 1874. The reductions effected at the last 
 session do not begin to operate until Oct. 1, 1875. The dimi 
 nution in business caused by the bad condition of our domestic 
 trade, the growing diversion by the completion of railways 
 and the reduction of tolls, all operated from the beginning of 
 navigation, or five months out of the seven of the season earlier 
 than the reduction of expenses. The falling off of income in 
 the last two months of 1875, as compared with the last two 
 months of 1874, is less than the reduction in ordinary expenses 
 and repairs for the fiscal year beginning Oct. 1, 1875. 
 
 In this state of things it is obvious that our first measure 
 should be to ascertain completely, and without 
 
 Future measures. 
 
 unnecessary delay, the financial condition of the 
 canals ; the state of the contracts yet outstanding for extraordi 
 nary work, in order to determine what ought to be stopped or 
 abandoned and what ought to be continued ; and the means 
 applicable to any expenditure they may require. 
 
 A second measure is the careful and thorough investigation 
 of ordinary expenses and repairs, for the purpose of keeping 
 them down to the lowest point consistent with the efficiency of 
 the canals. 
 
 A third measure relates to the disposition of such laterals as 
 are not necessary as feeders. It will be recollected that at the 
 last session, in view of the complicated questions incident to 
 this subject requiring legal, engineering, and business skill, and 
 much devotion of time and attention, I recommended its refer 
 ence to a special commission. The Legislature, however, pre 
 ferred to charge the Canal commissioners and State engineer 
 
1876.] SECOND ANNUAL MESSAGE. 257 
 
 and surveyor with the additional duty. I am not advised what 
 report they will make on the subject. 
 
 A fourth measure is a radical change in the system of ad 
 ministration. The present machinery is chaotic, and, except 
 with something of the unity which existed in practice in the 
 Canal Board under the old Constitution, is incapable of acting 
 with efficiency or economy. The abuses, perversions of law 
 and morals, improvidence, and waste which cling around it are 
 the growth of years. When a man of average well-meaning 
 and average ability comes singly into one of these administra 
 tive offices, the graft develops, not its own nature, but the 
 nature of the parent stem. It is difficult to carry out reform 
 by instruments that are incurably averse to reform, whose 
 indolence, comfort, associations, habits, assistants, and advisers 
 are all naturally opposed to what they are expected to do. 
 Every step of progress is not only through an enemy s country, 
 but beset by unexpected betrayals. A constitutional amend 
 ment changing the system of administering the canals was 
 unanimously passed by both Houses at the last session. Your 
 attention is respectfully called to the importance of an early 
 consideration of the subject. 
 
 A fifth measure is the continuance for the present year of 
 the reduction in the tolls made for last year. 
 
 A sixth measure is to subject all the work called extraor 
 dinary repairs to a systematic and thorough scrutiny, and to 
 discard everything that is not clearly and certainly necessary. 
 When the debris of the old rotten system shall be cleared away, 
 there is a work of real utility and small cost which will claim an 
 early attention and for which the people would be willing to 
 provide the means. On this topic I repeat the remarks con 
 tained in the Special Canal Message of March 19, 1875 : 
 
 "In iny judgment a far more important improvement of the 
 Erie Canal would be effected by a thorough system of ordinary 
 repairs, which should give the water-way its proper and lawful 
 dimensions, and by progressively deepening it, wherever reasona 
 bly practicable, from seven to eight feet. As the object would be 
 merely to enable the submerged section of the boat to move in a 
 
 VOL. II. 17 
 
258 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 larger area of water, so that the displaced fluid could pass the boat 
 in a larger space, it would not be necessary to alter the culverts or 
 other structures, or to carry the walls below the present bottom ; 
 and the benefit would be realized in each portion of the canal im 
 proved, without reference to any other part of the channel which 
 should remain unchanged. In facilitating the movement of the 
 boat and quickening its speed, it would increase the amount of 
 service rendered in a given time, and would thereby diminish every 
 element of the cost of transportation. It would benefit the boat 
 men and carriers more, even, than one cent a bushel remission of 
 tolls. It would be more real utility to navigation than five or ten 
 times its cost expended in the average manner of so-called improve 
 ments on the public works. But it is too simple, too practically 
 useful, to enlist the imagination of projectors who seek the fame 
 of magnificent constructions, and of engineers who build monu 
 ments for exhibition to their rivals, or to awaken the rapacity of 
 cormorants who fatten on jobs." 
 
 I have thus briefly sketched the outline of a policy which is 
 the best method to promote cheap transportation, not only so 
 far as the Erie Canal is concerned, but in its general effect 
 upon all methods of transportation. It seems to me that these 
 measures are entitled to the effective support of the forwarders, 
 boatmen, and transporters, as well as to that of the taxpayers 
 and all who desire to rescue our public works from spoliation. 
 
 The following statement shows the payments for the new capitol from the State treasury, 
 including purchase of lands, etc., to June 20, 1875 : 
 
 To Sept. 30, 1863 $51,593.66 
 
 " 1864 9,453.55 
 
 " 1865 10,860.08 
 
 " 1866 Congress Hall block 65,250.00 
 
 " 1867 10,000.00 
 
 " 1868 50,000.00 
 
 " 1869 451,215.63 
 
 " 1870 . . . . 1,223,597.73 
 
 " 1871 482,942.37 
 
 " 1872 . . o 856,106.98 
 
 " 1873 1,175,600.00 
 
 1874 610,275.16 
 
 From Oct. 1, 1874, to June 20, 1875 1,000,600.00 
 
 $5,997,495.16 
 
1876.] SECOND ANNUAL MESSAGE. 259 
 
 A statement from the clerk of the present commission, which 
 was organized on the 29th of June, 1875, is as follows : 
 
 Amount paid on account of expenditures prior to 
 
 Jan. 1, 1875 $263,659.95 
 
 Amount expended in construction since the 29th 
 
 June 491,349.95 
 
 Estimated liabilities on Jan. 1, 1876 65,542.22 
 
 The Memorandum attached to the Supply Bill signed on 
 the 21st of June contains the following observations on the 
 appropriation for the new capitol : 
 
 " Of the million provided for this purpose, more than two hun 
 dred thousand dollars will be consumed in the payment of arrears 
 now existing in the nature of a floating debt, and less than eight 
 hundred thousand dollars will be applicable to new construction. 
 
 "It is with reluctance that I assent to this appropriation. 
 Nearly six million dollars have already been expended upon this 
 edifice. Although the general plan has been determined, the 
 details have not been worked out with such thoroughness and 
 such certainty as to afford any guide as to the amount which 
 will pr6bably be required for the completion of the building. If 
 it were an original question, I should have no hesitation in con 
 demning and discarding a work of such unnecessary cost ; but it 
 cannot be now abandoned without losing all that has been thus 
 far expended. In deciding on the wisdom of completing it, we 
 are to consider only whether it will be worth the future outlay for 
 its completion. What that cost will be, ought to be ascertained 
 with all the certainty attainable. I doubted whether the work 
 ought not to be suspended until the plans of future construction 
 should be settled, and full assurance had that the annual expen 
 diture should be made usefully in furtherance of those plans. In 
 the mean time I favored a reduction of this appropriation below 
 the amount adopted by the Legislature. 
 
 "But provisions for this general object were inserted in the 
 Supply Bill. They perhaps justify the allowance of this item, 
 especially as the law imposing a tax for raising the money for this 
 purpose will necessarily go into effect, whatever might be done 
 with this appropriation." 
 
 The new commission consists of the Lieutenant-Governor, the 
 Auditor of the Canal Department, and the Attorney- General. 
 The Act provides that before any portion exceeding fifty thou- 
 
260 THE WORKS OF SAMUEL J. T1LDEN. [1876. 
 
 sand dollars of the sum appropriated for the construction of 
 the new capitol should be expended, full details, plans, and 
 specifications of the story of said building containing the legis 
 lative halls should be made and approved by the said commis 
 sioners. This requirement of the law was complied with, and 
 the work of construction was prosecuted through the summer 
 and autumn. 
 
 The Act further provides that " not more than one half of the 
 said appropriation shall be expended before full details, plans, 
 and specifications of the whole of the remainder of said build 
 ing shall be made and approved in writing " by the commis 
 sioners. This requirement has not as yet been complied with, 
 and the work upon the capitol has been suspended. The plans 
 and specifications have been prepared by the architect, and 
 were submitted to the commissioners on the 15th day of 
 December, 1875, but they have not as yet been approved by 
 the commissioners. 
 
 The determination of all the details of so extensive a build 
 ing will require much careful consideration. It is the intention 
 of the commissioners, before approving the plans for the com 
 pletion of the new capitol, to ascertain and report to the Legis 
 lature the cost of execution. They are now, as I am informed, 
 engaged in this very necessary preliminary work. 
 
 Four State institutions are in process of construction, three 
 Insane asylums asylums for the insane and a reformatory. It 
 and reformatory. m jght have been supposed that such an extensive 
 provision for the insane as is contemplated in these three insti 
 tutions could not become necessary on the instant, and that 
 common prudence would have dictated that one institution 
 should be completed before another was begun ; but, unfor 
 tunately, not even the sacred influences of charity could save 
 these works from the spirit of legislative log-rolling or the 
 rapacity of local expenditure. 
 
 The policy of beginning everything and finishing nothing has 
 prevailed. Construction has been on a scale of costly extrava 
 gance. At the last session two and three quarter millions of 
 
1876.] SECOND ANNUAL MESSAGE. 261 
 
 dollars raised by taxes had been expended on these four insti 
 tutions, and about four hundred and fifty thousand dollars 
 raised by taxes and appropriated remained unexpended, and 
 yet no considerable part of these works had been made avail 
 able. The plan was adopted at that session of confining the 
 appropriations for the year to such sums as would make avail 
 able and bring into use the portions of the structures most 
 nearly approaching completion. The construction of the other 
 portions of those buildings, if they are to be completed accord 
 ing to the present plans, may be deferred until after the extinc 
 tion of the bounty debt in 1877. The interval will afford an 
 opportunity to revise the whole policy of the State in respect 
 to these institutions, and to reconsider the plans and methods of 
 their construction. The expenditures thus far are as follows : 
 
 Hudson River Asylum : 
 
 Total expeDditure to Dec. 20, 1875 . . . $1,337,978.52 
 Buffalo Asylum : 
 
 Total expenditure to Dec. 20, 1875 .... 767,351.91 
 Middletown Asylum : 
 
 Total expenditure to Dec. 20, 1875 .... 454,099.38 
 Elmira Reformatory : 
 
 Total expenditure to Dec. 20, 1875 . . . . 760,117.98 
 Total $3,319,547.79 
 
 The cost of completing these buildings is as yet a matter of 
 conjecture ; it probably would exceed what has already been 
 expended. 
 
 It is quite clear that an outlay of five thousand dollars per 
 inmate for the purpose of providing shelter for the unfortunate 
 objects of public charity is unreasonable and extravagant. 
 That would be equal to twenty-five thousand dollars for five 
 persons, which compose the average family in this State. How 
 many families of laborious and thrifty producers can afford to 
 live in a house costing twenty-five thousand dollars? 
 
 In 1865 less than one sixtieth of the houses of this State 
 were of stone, and their value was about ten thousand dollars 
 each, or two thousand dollars for each inmate. Those of brick, 
 which are about one eighth of the whole number, were valued 
 
262 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1876. 
 
 at six thousand dollars, or twelve hundred dollars for each 
 inmate. Those of wood, which are three fourths of the whole 
 number, were valued at eleven hundred dollars, or two hundred 
 and twenty dollars for each inmate. 
 
 I deny that there is any sound public policy in erecting 
 palaces for criminals, for paupers, or for the insane. A style 
 of architecture simple and fitted to the nature of its object 
 would reconcile artistic taste with justice toward the industrious 
 producers, on whom falls the burden of providing for the unfor 
 tunate. Waste in such edifices is not only a wrong to the tax 
 payers, but by just so much it consumes the fund which the 
 State is able to provide for the objects of its charity. Nor 
 does the mischief stop with the completion of costly dwellings. 
 The State still has to provide annually for the support of their 
 inmates. By an inevitable association of ideas in men s minds, 
 magnificent homes lead to magnificent current expenditure. 
 The pride of officers and managers and of local admirers, and 
 the zeal of benevolence, are freely indulged where they are 
 gratified without expense to those who are swayed by them. 
 It is to be remembered that, after all, the burden of taxation 
 is chiefly not upon accumulated wealth, but upon the current 
 earnings of the million, who carry on their productive indus 
 tries in frugal homes. They ought not to be the only class 
 disfavored by the policy of the State. 
 
 The following statement shows the expenditures and earn 
 ings of each of the prisons for the year ending 
 Sept. 30, 1875 : 
 
 State prisons. 
 
 
 Advances from 
 the Treasury. 
 
 Received from 
 Earnings. 
 
 Excess of 
 Expenditures. 
 
 
 $208 719 35 
 
 $76 935 62 
 
 $131 783 73 
 
 Clinton 
 
 328 638 13 
 
 133 446 25 
 
 195 191 88 
 
 
 341 826 9 
 
 158 596 64 
 
 183 229 56 
 
 Miscellaneous expenditures not distrib 
 uted, including $28,144.50 for trans 
 portation of convicts 
 
 35,344.50 
 
 
 35,344.50 
 
 
 $914,528.18 
 
 $368,978.51 
 
 $545,549.67 
 
i8 7 6.] 
 
 SECOND ANNUAL MESSAGE. 
 
 263 
 
 The excess of advances from the Treasury over the receipts 
 from earnings is as follows : 
 
 In 1867 it was $366,874.79 
 
 In 1868 
 In 1869 
 In 1870 
 In 1871 
 In 1872 
 In 1873 
 In 1874 
 In 1875 
 
 512,547.74 
 595,774.45 
 461,304.99 
 470,309.23 
 465,881.84 
 597,289.06 
 588,537.42 
 545,549.67 
 
 The number of convicts in each of the prisons, Sept. 30, 1873, 
 1874, and 1875, was as follows : 
 
 
 1873. 
 
 1874. 
 
 1875. 
 
 
 1,104 
 
 1,202 
 
 1,312 
 
 Clinton 
 
 567 
 
 552 
 
 553 
 
 
 1 354 
 
 1,306 
 
 1 616 
 
 
 
 
 
 Total 
 
 3 025 
 
 3 060 
 
 3 481 
 
 
 
 
 
 Although the burden imposed upon the taxpayers of the 
 State by these institutions has been slightly decreased within 
 the last three years, I think the people ought not to be satisfied 
 with the present exhibit. Under a proper system and with 
 proper management, the prisons of the State, filled for the most 
 part with able-bodied men, ought to be self-supporting, if, in 
 deed, they ought not to produce a considerable revenue to the 
 State. Other institutions of a like character, and possessing 
 in some respects less advantages, impose no burden upon the 
 people, and one conspicuous institution in this city affords a 
 surplus to the county. 
 
 I recommend that a thorough inquiry be made with respect 
 to the management of the State prisons in such manner as the 
 Legislature may think best, to the end that such reforms, both 
 in legislation and in administration, may be accomplished as 
 are necessary to produce the desired result. I also recommend 
 
264 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 to your adoption the resolution passed at the last session, 
 which requires your concurrence, for submitting to the people 
 the constitutional amendment therein contained relating to the 
 State prisons. 
 
 The quantity of salt from the Onondaga Salt Springs in 
 spected during the last fiscal year was 6,589,676 
 bushels, less by 4,515 bushels than the produc 
 tion of the preceding year. The net revenue from this source 
 was $5,148.32, showing a falling off as compared with the pre 
 ceding year of $5,193. 35. It is represented by the Superin 
 tendent that a considerable outlay will soon be necessary for 
 repairing and renewing the machinery connected with the 
 works, and for completing the sinking of new wells. I recom 
 mend that an investigation be had with respect to the necessity 
 of such expenditure, the best method of operating the works, 
 and the general management of the concern. 
 
 The payments from the State treasury for this object dur 
 ing the fiscal year ending Sept. 30, 1875, 
 
 Quarantine. 
 
 were : 
 
 Advances to commissioners for maintenance of 
 
 quarantine establishment $48,000.00 
 
 Salaries of commissioners 7,500.00 
 
 Commissioners appointed to confer with the au 
 thorities of New Jersey on jurisdiction .... 3,000.00 
 
 Pay of police 3,953.18 
 
 $62,453.18 
 
 It seems to me that this establishment ought to be made 
 self-supporting. To that end I commend the subject to your 
 consideration. 
 
 The National Guard of this State consists of eight divisions, 
 
 The National eighteen brigades, one regiment and ten separate 
 
 troops of cavalry, eleven separate battalions of 
 
 artillery, and twenty-five regiments, twelve battalions, and 
 
 seven separate companies of infantry. They comprise 1,505 
 
 commissioned officers and 17,908 non-commissioned officers, 
 
1876.] SECOND ANNUAL MESSAGE. 265 
 
 musicians, and privates. The aggregate force is 19,413. The 
 condition of the guard, as respects organization and discipline, 
 is eminently satisfactory. 
 
 The cost of armories and the charge for the rent of such as 
 were occupied under leases in the city of New York had 
 become a serious burden and a gross abuse. Contracts marked 
 with extravagance and improvidence, with favoritism and cor 
 ruption, had been made. They had become the subject of 
 litigation, and were generally held by the courts to be illegal 
 and void. The rentals claimed are about two hundred and 
 seventy-five thousand dollars per annum. The claims for 
 arrears of rent amount to about seven hundred thousand dol 
 lars, and the rent to accrue, if the leases should be retained 
 until their terms expire, would be an additional one million 
 dollars. 
 
 The fair rent of an armory where property is so valuable as 
 in the city of New York is so considerable that regiments 
 which are reduced to mere skeletons cannot be kept in exis 
 tence without injustice to the taxpayers of the city. For this 
 reason six of the sixteen regiments and battalions of the first 
 division, embracing the city of New York, have been dis 
 banded. As the city owns four armories, there will be but 
 six instead of twelve regiments to be provided for. It is hoped 
 that the charge on the city treasury can be reduced to less 
 than a quarter of its former amount. This necessary measure 
 could not be executed without inflicting some wounds in par 
 ticular cases ; and I share the sense of sacrifice of personal 
 associations and patriotic memories. 
 
 The reports to the Regents of the University from the 
 colleges of the State show a gratifying increase Colleges and acad- 
 
 * emies higher 
 
 of numbers both of students and graduates, education. 
 Many of the colleges have received from private liberality 
 additions to their endowments which place them in a condition 
 of comparative independence. The character of instruction is 
 elevated and strengthened, and the courses are more compre 
 hensive, and better adapted to the demands of the age. 
 
266 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 The attendance on the academies and high schools does 
 not much vary from that of the preceding year. These insti 
 tutions, occupying an intermediate place between the colleges 
 and the common schools, provide for the wants of those who 
 desire more than the latter can furnish, and who are not able 
 to meet the expenses or to give the time required by the 
 courses of the former. 
 
 The State Library and the State Cabinet of Natural History 
 have received valuable additions. Their condition will be ex 
 hibited in the reports of the trustees, soon to be presented. 
 
 COMMON SCHOOL STATISTICS FOR THE YEAR ENDING 
 SEPT. 30, 1875. 
 
 Total receipts, including balance on hand Sept. 
 
 30,1874 $12,516,362.96 
 
 Total expenditures 11,365,377.79 
 
 Amount paid for teachers wages 7,843,231.67 
 
 Amount paid for school-houses, repairs, furni 
 ture etc 1,844,347.20 
 
 Estimated value of school-houses and sites . 36,393,190.00 
 
 Number of school-houses 11,787 
 
 Number of school-districts, exclusive of cities . . . 11,289 
 Number of teachers employed for the legal term of 
 
 school 19,157 
 
 Number of teachers employed during any portion of 
 
 the year 29,977 
 
 Number of children attending public schools . . 1,058,846 
 Number of persons attending normal schools .... 6,207 
 Number of children of school age in private schools 135,093 
 Number of volumes in school district libraries . . 812,655 
 Number of persons in the State between the ages of 
 
 five and twenty-one years 1,579,504 
 
 The following statement shows the amount produced an- 
 State taxes in nually by the f mill tax for the support of 
 
 aid of common 
 
 schoois.i common schools, as provided by Chapter 180, 
 
 Laws of 1856 : 
 
 1 The amount raised by State tax for the support of common schools, prior to 
 the Act of 1856, was eight hundred thousand dollars annually. See Section 1, 
 Chapter 180, Laws of 1856. 
 
1876.] SECOND ANNUAL MESSAGE. 267 
 
 1857 $1,074,982.20 
 
 1858 1,053,680.74 
 
 1859 1,053,873.04 
 
 1860 1,064,473.14 
 
 1861 1,081,325.57 
 
 1862 1,086,977.96 
 
 1863 1,090,841.11 
 
 1864 1,125,749.90 
 
 1865 1,163,159.76 
 
 1866 1,148,422.22 
 
 The following shows the amounts produced by the 1J mill 
 tax for this object, as provided by Section 3, Chapter 406, 
 Laws of 1867 : 
 
 1867 $2,080,134.65 
 
 1868 2,207.611.42 
 
 1869 . . . . 2,325,150.96 
 
 1870 2,458,751.48 
 
 1871 . 2,565,672.37 
 
 1872 2,610,784.31 
 
 1873 2,662,032.98 
 
 1874 2,711,634.84 
 
 1875 2,959,725.13 
 
 A standing appropriation, such as used to exist before 1846, 
 is prohibited by the Constitution, which requires The method of 
 a revision of old appropriations at the expiration a PP r P riati <> n - 
 of every two years. The system of making formal appropria 
 tions in obedience to a standing law is liable to the objection 
 that it practically defeats the policj^ of this constitutional pro 
 vision. The Legislature does not in fact reconsider, each time, 
 how much ought to be appropriated to the object, but mechani 
 cally conforms to the standing law which fixes the rate. The 
 assessors become in effect the power that determines the taxes. 
 It cannot be supposed that the real value of property subject 
 to taxation has increased during the period when nearly a mil 
 lion has been added to this item of them by nominal enlarge 
 ments of the valuation, nor can it be doubted that in all 
 business equal services can now be obtained at less prices than 
 
268 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 in 1867. The appropriation ought to be for a specific sum, 
 and the taxes adjusted to provide that amount. 
 
 An Act amendatory (Chapter 567) of the general school law 
 was passed at the close of the last session, and 
 
 State certificates. . . ,, ^ , . 
 
 became a law by receiving the Executive signa 
 ture on the 9th of June, 1875. The Fifth Section of that Act 
 made a material change in the law regulating the granting 
 by the State superintendent of certificates of qualification to 
 teach. That officer was authorized by Section Fifteen of the 
 General School Act, passed May 2, 1864, to grant certificates 
 " on the recommendation of any school commissioner or on 
 other evidence satisfactory to him." 
 
 A clause authorizing the State superintendent to issue, " in 
 his discretion," certificates of qualification to graduates of any 
 seminary of a private corporation known as the Sisterhood of 
 Gray Nuns, on their filing with him their diplomas, appears 
 in an amendment of the charter by Chapter 353 of the Laws of 
 1875, which became a law on the 15th of May. This provision 
 did not purport to make a person having such diploma a quali 
 fied teacher, like a person having a diploma of a State normal 
 school, but merely vested the State superintendent with a 
 discretion to grant to such person a certificate of qualification. 
 That power the superintendent had before, and has had for 
 the previous eleven years. The provision had no real effect ; 
 it conferred no new power on the superintendent; it added 
 nothing to his existing power : but it bore the appearance of 
 a special grant of a privilege to one corporation, which may 
 be presumed to have escaped attention, for the Bill passed the 
 Assembly once and the Senate twice by the affirmative vote of 
 every member present. But the discretionary power of the 
 superintendent, under the law of 1864 and under this Act, was 
 afterward completely abrogated by the law of the 9th of June. 
 He was prohibited from granting any certificates except on 
 public examination. The law of the 9th of June was later 
 than the Gray Nuns Act, and repealed the clause of that Act 
 which authorized the superintendent, in his discretion, to 
 
1876.] SECOND ANNUAL MESSAGE. 269 
 
 grant certificates to graduates of the seminaries of the Gray 
 Nuns corporation. It went farther; it repealed the power 
 which he had under the law of 1864 to do the same thing. 
 If the Gray Nuns corporation derived any special privilege 
 from the Act of the 15th of May, that privilege was destroyed 
 by the law of the 9th of June. A uniform rule is now made 
 applicable to all. 
 
 This result is in accordance with the policy of this State 
 as established by the recent constitutional amendment relating 
 to the public schools, which has been and is to be obeyed 
 and executed in good faith. 
 
 The report of the State Board of Charities will be pre 
 sented to the Legislature, and I commend it 
 
 Pauperism. 
 
 to your earnest attention. The question as to 
 the proper mode of providing for the chronic poor is ad 
 dressed not only to the conscience and the feelings, but also 
 to the reason and the judgment ; it is a question not so much 
 of philanthropy as of political economy. The members of the 
 Board bring to its discussion great zeal, large experience, and 
 rare intelligence. Without committing myself to the support 
 of all their recommendations, I ask for them your thoughtful 
 consideration. 
 
 The Act of 1875, providing for the separation of pauper and 
 destitute children from the adults of the same class, has been 
 put in general operation; but years must elapse before its 
 beneficial results will be fully apparent. This legislation has 
 met with warm approval in other States, and will no doubt 
 be followed by many of them at an early day. It remains in 
 this State to secure the separation of children convicted of 
 petty offences from older offenders while confined in our penal 
 institutions. 
 
 The subject of providing work for paupers, especially of the 
 class styled " tramps," is commended to your consideration. 
 Even if their earnings were small, the fact that this class 
 of persons were compelled to labor in return for their subsist 
 ence, would doubtless lessen the number of applicants for 
 
270 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 admission into our poorhouses, and for outside relief, and 
 would induce many of them to apply themselves to regular 
 employments. I renew the recommendation made in my last 
 Annual Message for a thorough revision of the poor-laws. 
 The census taken during the last summer makes the popu 
 lation of the State 4,705,208. The utility of the 
 
 The State census. . , . , 
 
 information it collects, aside from the primary 
 object of providing the means for a re-apportionment of the 
 representation in the Legislature, depends largely upon the 
 promptness with which the compilations are made and fur 
 nished to the public. I recommend that provision be made to 
 complete the work as early as the 1st of next December, and 
 that the requisite appropriation for that purpose be made. 
 A commission to consider this important and interesting 
 
 Municipal govern- Sub J GCt haS be611 a PP inted under the J int 
 
 ment - resolution of the last session, and is organized 
 
 and holding its sittings. The restrictions necessary to arrest 
 the creation of municipal debts, which has become a grave evil, 
 affecting one half of the people of this State, and calling urgently 
 for redress, may well command the attention of the commis 
 sion and of the Legislature, independently of the complicated 
 questions involved in the structural organization of municipal 
 government and the distribution of its powers. 
 
 A State Centennial Board for New York has been appointed, 
 Centennial Exhibi under Chapter 525 of the Laws of 1875, to repre- 
 tion< sent this State, in co-operation with the Centen 
 
 nial Commission appointed by the President of the United 
 States, for service prior to and during the international exhibi 
 tion, to be held at Philadelphia, in commemoration of the one 
 hundredth anniversary of the Declaration of Independence. 
 The event not only appeals to the people of the whole United 
 States by the patriotic associations which attend it, but it will 
 be an occasion of unprecedented interest in the opportunity 
 it affords to all our citizens of a personal inspection of the 
 progress and state of the industrial arts in all the countries of 
 the civilized world. 
 
1876.] SECOND ANNUAL MESSAGE. 271 
 
 Eighty-four banks were doing business under the laws of 
 this State on the 1st of October last. Eight 
 banks were organized and began business dur 
 ing the fiscal year ending October 1. During the same time 
 one bank failed, and three were converted into national 
 banks. 
 
 Circulating notes to the amount of $9,314 were destroyed by 
 the Bank Department, and forty-four banks were credited with 
 lost circulation during the year to the amount of $246,649, the 
 time for redeeming the same, after the usual legal notice, 
 having expired. The amount of circulation outstanding was, 
 on the 1st day of October last, $849,226.50. Of this amount, 
 the sum of $218,528 was secured by deposits of cash, stocks, 
 or stocks and mortgages. The balance, $630,698.50, is not 
 secured, it having been issued by banks chartered previous 
 to the passage of the free banking law. There remain but 
 twenty-three of these banks that have not taken steps finally to 
 redeem their notes. 
 
 There were one hundred and sixty savings-banks on the 
 1st day of July last. Of these five were in 
 process of closing their business. Five have 
 since closed, three by reason of insolvency. The new general 
 law for the regulation of savings-banks does not require them 
 to report in July, as they have formerly done. The aggregate 
 of assets of these institutions, as appeared from informal re 
 ports made to the Bank Department for the 1st of July last, was 
 $336,308,236.43. Their deposits amounted to $316,335,617.82, 
 belonging to 891,992 depositors as represented by the number 
 of open accounts on that date. The increase in deposits during 
 the six months ending July 1 last was upward of twelve mil 
 lions of dollars, and the number of depositors or open accounts 
 increased during the same time 19,494. The total increase 
 in deposits during the year 1874 was $18,415,564, and in 
 the number of depositors 33,026. The aggregate of assets 
 as shown above for July last was not made up in the same 
 manner as that for January 1 last, therefore such aggregate 
 
272 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 cannot be used for the purpose of comparison. The esti 
 mated amount of such assets on the 1st of July last may, 
 however, be stated at three hundred and forty millions of 
 dollars. 
 
 It will be observed that the number of depositors in the 
 Recommendation savings-banks in this State is larger than the 
 banks! number of electors who have ever voted at an 
 
 election, and that the aggregate of their deposits is more than 
 one eighth of the assessed valuation of all real and personal 
 property. In view of the fact that these are the savings of the 
 industrious poor, who are less able to assert and protect their 
 own- interests than any other class of holders of such vast 
 amounts of property, it is an especial duty in our legislation 
 to shield them from injustice. The absolute safety of their 
 deposits is an incentive to make savings, which is an im 
 portant object of public policy. Frequent reports by these 
 institutions should be required ; the provisions regulating the 
 character of their investments should be revised, with a view 
 to secure greater safety ; new guards should be instituted 
 against the tendency of administration to fall into favoritism 
 toward the officers, sure to prove dangerous to the trust ; 
 and it should be inquired, in view of the recent and numer 
 ous failures, what defects may be shown to exist in the present 
 law, and whether further penalties in respect to maladminis 
 tration can be provided. I commend the subject to your 
 consideration. 
 
 There were eleven trust, loan, and indemnity companies 
 Trust, loan, and reporting to the Bank Department July 1 last, 
 
 indemnity com- . . 
 
 panics. one having closed its business during the year 
 
 preceding. A new trust company began business Sept. 1, 1875, 
 whose capital is not included in the summary. The aggre 
 gate capital of these corporations, paid in, as shown by their 
 reports, was $11,584,475 ; the total amount of their assets 
 was 869,654,948; and the amount due from them to their 
 depositors was $50,365,569. 
 
 The estimated amounts of assets held July 1 by banks, 
 
1876.] SECOND ANNUAL MESSAGE. 273 
 
 savings-banks, trust, loan, and indemnity companies, was 
 $520,000,000 ; the amount due to their depositors was, ap 
 proximately, 1482,000,000 ; and their profits, including surplus 
 fund, may be estimated at $39,000,000. 
 
 The number of insurance companies subject to the super 
 vision of the Insurance Department on the insurance com- 
 19th day of November, 1875, was two hundred panies< 
 and eighty-one, as follows : 
 
 New York joint stock fire insurance companies .... 102 
 
 New York mutual fire insurance companies 8 
 
 New York marine insurance companies 9 
 
 New York life insurance companies 22 
 
 New York Plate Glass Insurance Company 1 
 
 Fire insurance companies of other States 91 
 
 Marine insurance companies of other States 1 
 
 Life insurance companies of other States 25 
 
 Casualty insurance companies of other States .... 4 
 
 Canadian fire insurance companies 3 
 
 Foreign fire insurance companies 11 
 
 Foreign marine insurance companies 4 
 
 281 
 
 The total amount of stocks and mortgages held by the 
 Insurance Department for the protection of policy-holders of 
 fire, life, and casualty insurance companies of this State and 
 of foreign insurance companies doing business within it was 
 $11,036,053, as follows: 
 
 For protection of policy-holders in fire insurance 
 
 companies of this State $400,000 
 
 For protection of policy-holders generally in life 
 
 insurance companies of this State 3,790,091 
 
 For protection of registered policy-holders exclu 
 sively 3,184,542 
 
 For protection of casualty policy-holders exclu 
 sively 1,000 
 
 For protection of plate-glass policy-holders exclu 
 sively 50,000 
 
 Carried forward . . . .$7,425,633 
 
 VOL. II. 18 
 
274 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 Brought forward .... $7,425,633 
 
 For protection of fire policy-holders in insurance 
 
 companies of other States 60,000 
 
 For protection of fire policy-holders in insurance 
 
 companies of Canada 643,120 
 
 For protection of fire policy-holders in foreign in 
 surance companies 2,604,300 
 
 For protection of life policy-holders in foreign in 
 surance companies 303,000 
 
 Total deposit $11,036,053 
 
 The assets of the life insurance companies of this State 
 amount to nearly two hundred millions of dollars ; the amount 
 insured by them to one thousand millions ; and their annual 
 receipts to more than sixty millions. The magnitude of these 
 sums, and the duration and fiduciary character of the engage 
 ments of these corporations, make it specially important that 
 the interests of the policy-holders should be guarded with 
 jealous care. 
 
 It cannot be doubted that large classes of our people are 
 Depression in suffering great inconvenience from the present 
 business. state of trade and of manufacturing and me 
 
 chanical industry, and from the decay of numerous enterprises. 
 Few kinds of business have been recently carried on at a 
 profit. Labor finds scanty employment even at reduced wages. 
 Incomes are lessened, or fail altogether. Many investments 
 have become wholly or partially unremunerative. Property is 
 shrinking, losing for the time its circulatory character, and 
 becoming unavailable as a resource to pay debts or to raise 
 money. It is not a convulsion, but a partial paralysis. There 
 is nothing of what is called a pressure for money, there is 
 no panic ; but a fear to lend except on certain security, and 
 a timidity in borrowing for new undertakings by most persons 
 of prudence or credit. 
 
 It is to be hoped that, amid these evils, the germs of a better 
 
 future are springing up, to renew in their origin 
 
 the elements of individual and social prosperity ; 
 
 but in the mean time attention is naturally drawn to the causes 
 
1876.] SECOND ANNUAL MESSAGE. 275 
 
 of a state of things which inflicts so much distress. Such 
 seasons have recurred at intervals in the experience of this and 
 other countries. They have usually been produced through 
 the destruction of large masses of capital by wars, revolutions, 
 conflagrations, or failures of crops, or by a temporary mania 
 for bad investments, or by violent reactions of credit. The 
 known facts of our recent business history leave no doubt as 
 to the origin of the state of things we are now experiencing. 
 Eleven years ago our country emerged from a vast civil 
 
 conflict, in which its aggregate wealth had been 
 
 Waste of nation- 
 impaired to the extent of probably two thousand ai capital by 
 
 excessive govern- 
 
 millions of dollars by a governmental consump- mental con- 
 
 ,. ,, , -, . f ,, sumption. 
 
 tion exceeding the whole net income of the 
 people; to say nothing of the destruction of property, indus 
 tries, and productive capacities incident to military operations. 
 Never was it more necessary that peace should bring healing 
 on its wings. 
 
 To replace the capital destroyed, to restore the elements of 
 future natural growth, should have been the object of our 
 policy. A prompt reduction of the enormous governmental 
 expenditure was the first condition. A renewal of the indus 
 tries of the great communities of the South, which produce 
 so large a share of our exports and raw material, was of great 
 importance. Energy, skill, and economy in production, and 
 frugality in private consumption, the wise conduct of business, 
 and a judicious application of capital and labor were essential. 
 These chief elements of private prosperity were dependent 
 upon public conditions. They were to be promoted by sound 
 government finance, by good methods of revenue, not un 
 duly swelling the cost of the taxes to those who pay them 
 beyond their produce to the Treasury ; by a discreet manage 
 ment of our vast fiscal operations and of the currency and 
 of the banking system ; by a sober and stable governmental 
 policy, not stimulating to speculative adventures, not incit 
 ing miscalculations in business, not enhancing charges for 
 services and risks in commercial transactions. 
 
276 
 
 THE WORKS OF SAMUEL J. TILDEN. 
 
 [1876 
 
 How completely these conditions have been reversed during 
 the eleven years since the war, appears in a retrospect of the 
 actual events of that period. 
 
 The extravagance of our governmental consumption is illus- 
 Present scale of trated by a comparison of the public expenditures 
 penditwre. nta of 1870 five years after the close of the war 
 with those of 1860 and 1850. 
 
 TAXES IN THE UNITED STATES 
 
 
 1850. 
 Gold. 
 . . $40,000,000 
 
 1860. 
 Gold. 
 $60,010,112 
 
 1870. 
 Currency. 
 $450,000,000 
 
 State, county, city, and town . . 
 
 , . 43,000,000 
 
 94,186,746 
 
 280,591,521 
 
 Population . < 
 
 $83,000,000 
 23,191,876 
 
 $154,196,858 
 31,443,321 
 
 $730,591,521 
 38,558,371 
 
 TAXES PEE HEAD. 
 
 Federal 
 Local . 
 
 $1.72 
 1.85 
 
 $3.57 
 
 $1.91 
 2.99 
 
 $4.90 
 
 $11.67 
 7.24 
 
 $18.91 
 
 The aggregate Federal taxation of the eleven years now 
 Aggregate taxa- closing, computed in currency from the official 
 years. ** statements, is more than $4,500,000,000. The 
 local taxation, assuming the census statement for 1870 as an 
 average, is more than $3,000,000,000. The aggregate taxation 
 exceeds $7,500,000,000. 
 
 The daily wants of the masses of mankind, even in the most 
 its relation to productive and prosperous countries, press closely 
 national savings. U p 0n t keir daily earnings. It is only a small por 
 tion of their current income which they are able to save and 
 to accumulate. In Great Britain and Ireland, despite the 
 wealth which their people have long been storing up, espe 
 cially in machinery and moneyed capital, despite the yearly 
 influx of one hundred and fifty millions of dollars from in 
 terest on investments in other countries, the annual growth 
 of wealth from the savings of all their people is not deemed 
 
1876.] SECOND ANNUAL MESSAGE. 277 
 
 by the best authorities to exceed six or seven hundred million 
 dollars. 
 
 The accumulated wealth of the United States is the result of 
 a shorter period of growth, and is less in amount. We have to 
 pay to foreign creditors annually, in coin, more than a hundred 
 million dollars. We are richer in the natural powers of the 
 soil, and our labor is, on the whole, more efficient. We earn 
 more, but have less disposition to save, and less of the habit 
 of saving. 
 
 A governmental consumption in every year, in bad as well 
 as good years, must be considered greatly exces- Such consumption 
 sive when it amounts to a share of the national greatl - v excessive - 
 earnings larger than the whole people are able to save in pros 
 perous times for all new investments ; for erecting dwellings 
 and other buildings ; for improving farms, increasing the stock 
 of live animals and of agricultural implements ; for all manu 
 facturing and mechanical constructions and machinery ; for 
 all warehouses and stores, and increased supplies of merchan 
 dise ; for ships, and steamers, and telegraphs, and railroads, 
 and their equipments ; for all objects which individual and 
 corporate enterprise provide for the future in the progress of 
 a populous and rapidly growing community. 
 
 Such taxation is in itself a monstrous evil, and its incidents 
 aggravate its direct injuries. When the exaction 
 
 c ,1 i tr.nn p Incidental evils. 
 
 irom the people was, as in 1860, one quarter of 
 its present amount per head, even if it were unscientific and 
 unskilful in the levy, the mischief was comparatively inconsid 
 erable. But with the quadruplication of the exaction, the 
 difficulty of obtaining good methods of imposing it is greatly 
 increased, and the mischiefs of bad methods become well nigh 
 intolerable. 
 
 When governments take from the people for official expendi 
 ture nearly all the surplus earnings of individuals, science and 
 skill in the art of taxation become necessary, necessary to 
 preserve and enlarge the revenue, necessary to gild the infliction 
 to the taxpayers. Our present situation is that we have more 
 
278 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 than European burdens, as seen in the most costly governments 
 of the richest of modern nations supporting immense navies 
 and armies and public debts ; and to these burdens we have 
 conjoined an ignorance and incompetency in dealing with them 
 which is peculiarly our own. We have not yet acquired the 
 arts belonging to a system which the founders of American 
 government warned us against, and fondly believed would never 
 exist in this country. 
 
 The consequence is that the pecuniary sacrifices of the people 
 Sacrifice caused are not to be measured by the receipts into the 
 
 by unskilful 
 
 modes of taxation, treasury. They are vastly greater. A tax that 
 starts in its career by disturbing the natural courses of private 
 industry and impairing the productive power of labor, and then 
 comes to the consumer distended by profits of successive inter 
 mediaries and by insurance against the risks of a fickle or 
 uncertain governmental policy and of a fluctuating govern 
 mental standard of value, blights human well-being at every 
 step. When it reaches the hapless child of toil who buys his 
 bread by the single loaf and his fuel by the basket, it devours 
 his earnings and inflicts starvation. 
 
 Another evil of such a system of excessive taxation is that 
 A governmental it creates and nourishes a governmental class 
 
 class of tax-con- . 
 
 with tendencies to lessen services and to enlarge 
 
 Burners. 
 
 compensation, to multiply retainers, to invent jobs and foster 
 all forms of expenditure, tendencies unrestrained by the watch 
 ful eye and firm hand of personal interest, which alone enable 
 private business to be carried on successfully. In other coun 
 tries such a class has found itself able, sometimes by its own 
 influence, and sometimes in alliance with the army, to rule the 
 unorganized masses. In our country it has become a great 
 power, acting on the elections by all the methods of organi 
 zation, of propagating opinion, of influence, and of corruption. 
 The system, like every living thing, struggles to perpetuate its 
 own existence. 
 
 Every useful and necessary governmental service at a proper 
 cost is productive labor. Every excess beyond that, so far as 
 
1876.] SECOND ANNUAL MESSAGE. 279 
 
 it is saved by the official, merely transfers to him what belongs 
 to the people. So far as such excess is consumed, it is a waste 
 of capital as absolute as if wheat of equal value were destroyed 
 by fire, or gold were sunk in the ocean. 
 
 Probably such waste by governmental expenditure in the 
 eleven years since the war amounts to, at least, Waste]ar ert h an 
 as much as our present national debt. national debt. 
 
 It cannot be doubted that the systematic and extreme mis- 
 government imposed on the States of the South Misgovernment in 
 has greatly detracted from our national pros- the South - 
 perity. In those impoverished communities it has not stopped 
 with the ordinary effects of ignorant and dishonest administra 
 tion. It has inflicted upon them enormous issues of fraudulent 
 bonds, the scanty avails of which were wasted or stolen, and 
 the existence of which is a public discredit, tending to bank 
 ruptcy or repudiation. Its taxes, generally oppressive, in some 
 instances have confiscated the entire income of property, and 
 totally destroyed the marketable value. 
 
 In a region five times as large as the British Isles and three 
 times as large as France, abounding in all the 
 elements of natural wealth, it has destroyed con 
 fidence and credit in all transactions, diffused uncertainty and 
 distrust everywhere, and consumed existing capital, while re 
 tarding production and paralyzing the enterprise by which such 
 waste might be repaired and future growth assured. 
 
 This system, after its character became known to us as well 
 as to those directly affected, abhorred by all the How it is main . 
 intellect and virtue of the communities in which tained - 
 it exists, and by their public opinion, has been maintained 
 through long years by the favor and patronage of the Federal 
 Government, by the moral coercion of its prestige, by the 
 standing menace and occasional exercise of its military power. 
 
 It is impossible that such wrongs should not react upon us. 
 The immediate sufferers by it are the producers In j urv to our own 
 of four tenths of the exported commodities, ex- P ros P ent y- 
 eluding specie, of our whole forty millions of people, and of the 
 
280 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 most important raw materials of our own domestic manufac 
 tures. They are agricultural communities, which more than 
 any others sell what they produce and buy what they consume. 
 They are our most valuable customers for the products of our 
 own industries and for our merchandise, and they make us 
 factors in all their transactions. The State of New York, 
 which contains the commercial metropolis, receives the largest 
 injury ; but its consequences extend throughout the whole 
 country. 
 
 Other influences have been at work to deteriorate the finan- 
 Excessive specu- c ^ a ^ condition of our people. The period has been 
 latlon - full of tendencies to unsoundness in the manage 
 
 ment of private business and in the habits of families and indi 
 viduals. A series of speculative excitements has incited to 
 enterprises which have turned out to be unremunerative and 
 to investments which fail to yield revenue and have lost their 
 salable value. The capital embarked in such undertakings is 
 destroyed. Large classes find their incomes diminished and 
 their convertible property reduced. 
 
 Even the operations of regular business partook of the spirit 
 of the times, and became too much expanded. 
 
 Over-trading. 
 
 Profits which came in part from the swelling of 
 nominal prices tempted those who were unexpectedly enriched 
 to count on their continuance and to enlarge their undertak 
 ings or engagements under that illusion. One who had half 
 his capital invested in land and buildings and machinery (which 
 is called fixed capital), and half invested in raw materials and 
 funds to employ workmen (which is called circulating capital), 
 and was doing a safe and easy business, was induced, for the 
 purpose of enlarging that business, to double his investment in 
 fixed forms. He therefore needed double the circulating capi 
 tal, and instead of owning it all, had to borrow it all. The 
 turn of the times disabled him from selling an enlarged pro 
 duct, or perhaps even an equal product, or of selling without 
 loss ; and when he needed loans to double the amount of his 
 former floating capital in order to carry on his business, and 
 
1876.] SECOND ANNUAL MESSAGE. 281 
 
 more in order to hold his product for a revival of the market, 
 he found that lenders had become timid. Another discovered 
 that an enterprise which may be good takes longer to bring 
 returns than he anticipated. Another began when credit was 
 easy, and failed to foresee how changeable that condition is ; 
 and even though his hopes of profit were undiminished, found 
 it difficult to carry his loans. 
 
 When large classes suffer under the effects of these miscal 
 culations, the influence will extend more or less 
 to nearly all the community. A period of fall- Effects senera1 
 ing prices following a period of rising prices generates such 
 results. Great fluctuations in the hopes and opinion of the 
 public, creating vicissitudes of credit, are the secondary cause, 
 as they are themselves the results of some primary cause. 
 
 An outgrowth of the same morbid condition is the unusual 
 and unreasonable disparity now existing between Exaggerated cost 
 the wholesale price which the producer receives of mi ^ dlemen - 
 and the retail price which the consumer pays. No doubt pro 
 longed fluctuation in prices tends during the upward movement 
 to increase the charges of middlemen and to enlarge the class ; 
 but the root of the evil is the uncertainty and instability. The 
 importer adds to the price of every article he imports, the ex 
 porter reduces the price he pays for every article he exports, as 
 insurance against the possible variation in the value of green 
 backs when converted into the money of the world, and against 
 the possible changes of governmental policy at Washington. 
 Nor can it be doubted that the condition of things has been 
 unfavorable to economy and efficiency in the management of 
 business, to frugality in private expenditure, and to energy in 
 production. 
 
 Such are the immediate causes which have occasioned exces 
 sive and unnatural consumption of our national capital, and 
 which have retarded the natural processes of repair and growth 
 during the last eleven years. What are the ultimate causes, 
 and what are the remedies ? 
 
 To the people of this State these are interesting inquiries. 
 
282 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 In 1874 our State tax was nearly sixteen million dollars ; our 
 New York s inter- local taxes were over forty-two million dollars, 
 tioni? tt " Our share of the taxes of the Federal Govern 
 
 ment, on the average of eleven years, if computed on popula 
 tion, would exceed fifty million dollars ; or if computed on 
 consumption, according to the estimate of the Finance Com 
 mittee of the Constitutional Convention of 1867, would for the 
 year exceed eighty million dollars. 
 
 The Federal Government has the direct and exclusive respon- 
 Action of Federal sibility for its own immense expenditure and for 
 
 Government the T ,1 
 
 ultimate cause. its calamitous policy in respect to the great pro 
 ducing States of the South. It has likewise controlled the cur 
 rency and the banking of the country ; it has been the principal 
 dealer in the precious metals ; it has conducted vast fiscal 
 transactions. Its financial secretary has held in his hand from 
 day to day the supply and the rates of the loan-market in the 
 centre of capital and commerce, the terms of our foreign ex 
 changes, the prices of exports and imports, the quality of the 
 circulating medium, the fluctuating standard of values recog 
 nized by law as the rule in all dealings and all contracts. By 
 the force of its example ; by its ascendency over opinion ac 
 quired in a period of public danger, during which the people 
 formed the habit of following its leadership ; by its means of 
 propagating the ideas according to which its own operations 
 were conducted, by all these, as well as by the direct effects 
 of its action, its measures, and its policy, the Federal Govern 
 ment has therefore practically dominated all business and all 
 industries, and created conditions which shape the conduct 
 of individuals in their production and consumption, and of 
 local governments in their expenditures, taxation, and creation 
 of debt. 
 
 It is natural that such a condition of men s business affairs 
 should be prolific of illusory and mischievous 
 
 False remedies. ., . . ... 
 
 schemes for relief. A vague notion is exten 
 sively entertained that a new issue of legal-tender notes would 
 afford an effectual remedy. This fallacy is largely due to the 
 
1876.] SECOND ANNUAL MESSAGE. 283 
 
 false theory pervading nearly all the literature of political 
 economy as to the agency which the quantity of the currency, 
 even when equivalent to coin, has in causing cycles of high and 
 low prices. 
 
 As high prices and expanded currency, and low prices and 
 contracted currency, have been usually found to 
 gether, the effect has been mistaken for the cause. 
 It is often assumed that the banks, even when redeeming their 
 notes in coin, can expand their issues in excess of the needs 
 of the community, and thereby originate and consummate a 
 general and prolonged rise of prices. 
 
 An analysis of the function of the convertible bank-note, or 
 of the processes by which cycles of high prices Analysis of the 
 occur, will equally confute this opinion. A study facts> 
 of the order of the events which have happened in periods of 
 rising prices in England and the United States under a conver 
 tible currency shows that usually the speculative movement at 
 all stages precedes the increase of bank-notes. 
 
 The convertible bank-note is but a small portion of the in 
 struments of credit used in a commercial country. Bank-notes an in- 
 
 T , . , , , , .. ., , n significant part of 
 
 It IS adapted to the Wants OI persons Who do not credit machinery. 
 
 keep bank accounts, and the wants, in petty transactions, of 
 those who do keep bank accounts. It bears no interest ; and 
 the holder has a motive to keep on hand only so much as he 
 thinks he may require for expected or possible purchases or 
 payments, and to invest or lend the surplus so that it will 
 become productive. 
 
 . If a bank lends its note to a borrower to make a payment 
 or a purchase, the use for that purpose is but for an instant. 
 Unless the note is received by or passed to some person who 
 detains it for a future purpose, it immediately goes back to 
 the issuer through the exchanges with other banks. It has 
 to be redeemed by reducing other loans, or by a temporary 
 loss of a portion of the usual reserve of the issuer. The life 
 of a bank-note is made up of a succession of instantaneous 
 uses, alternating with a succession of prolonged detentions. 
 
284 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 The quantity that will stay out at any given time depends 
 mainly on the expectancy of individuals as to future trans 
 actions, and, in a lesser degree, on the state of prices which 
 vary the amount used in the same transaction. In times of 
 rising speculation the wants of the community absorb a larger 
 quantity; each transaction employs an amount enlarged in 
 proportion to the enhanced prices ; transactions become more 
 frequent ; and the detentions of the means of future transactions 
 are increased by a greater disposition to make them, and less 
 care to economize interest. 
 
 It is the competition of buyers which puts up prices in a 
 period of speculation. Bank-notes have infinitely less to do 
 with originating speculation, or even furnishing the means 
 whereby it can be sustained, than the other parts of the ma 
 chinery of credit. 
 
 Bank-notes, or currency, as they are called, are but an in 
 significant portion of the means of purchase or payment. The 
 transactions effected by check, operating to transfer bank 
 deposits, in the city of New York amount now in every eight 
 days and some years ago amounted in every five days to 
 as large a sum as all the legal-tenders and bank-notes in the 
 hands of the people of the whole United States. The payments 
 effected at the London Clearing House amount in every two 
 days to as much as the whole circulating medium of the United 
 Kingdom. The other instruments of credit by which business 
 is carried on such as book accounts, notes of hand, bills of 
 exchange, drafts, checks on bank deposit are thus many 
 times the volume of bank-notes. 
 
 Speculative purchases are nearly always initiated by the 
 other instruments use ^ personal credit. Ill such times confidence 
 
 of credit preferred. ig high? an( j credit ig freely giyen &nd rea dily aC- 
 
 cepted. The transactions are generally made on book-accounts 
 or notes of hand. These are at the command of the buyers in 
 unlimited amount, and without delay or inconvenience. Bank 
 credits, called deposits, like bank-notes, can be obtained only 
 by borrowing. For such purposes bank-notes are used only 
 
1876.] SECOND ANNUAL MESSAGE. 285 
 
 in small transactions and to a comparatively insignificant 
 extent. 
 
 The issue of bank-notes, if not limited to a fixed amount, 
 is generally restrained by laws which require a Bank-notes slow 
 
 J J and difficult of in- 
 
 deposit of securities with the government ; and crease, 
 the process of issue is so slow and inconvenient that a sudden 
 and large increase is not possible. Those that are in the hands 
 of the public cannot easily be collected in large amounts, but 
 are scattered in small sums among millions of holders through 
 out a continent. 
 
 On the whole, then, it is demonstrable that bank-notes, or 
 currency when convertible, have less agency in 
 
 . Conclusion. 
 
 originating or facilitating a general speculation 
 than any other portion of the vast machinery of credit of which 
 they form so inconsiderable a part. The false theory, that 
 they are the master-cause of prices and fluctuations of prices, 
 and that a governmental regulation of their volume will avert 
 the tremendous vicissitudes in business to which commercial 
 countries, carrying on vast credit transactions, are periodi 
 cally subject, was the basis of the plan adopted in 1844 on 
 the re-charter of the Bank of England. The theory was then 
 seen, by a few of the best thinkers, to be destitute of truth ; 
 it has since been completely refuted by experience. 
 
 In the infancy of the very modern science of political econ 
 omy a metaphor was accepted as an axiom. It 
 
 J A prolific fallacy. 
 
 was said that if purchasers should suddenly find 
 two gold coins for one in their pockets, they would pay double 
 price for commodities. The proposition has no truth in it, 
 except by assuming as a condition the result to be proved. It 
 would not be true of any one buyer ; it could not be true of 
 all collectively, unless a fall in the value of gold had previously 
 happened. The increased quantity could exist only as a con 
 sequence of an increased demand at the same value, or of a 
 decline in the cost of production. In modern times the in 
 crease in wealth and commerce is many fold the increase of 
 population ; the medium of exchange required is vastly larger 
 
286 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 than the accumulation of the precious metals ; and an increased 
 extension of credit machinery has become necessary. Bank 
 notes or other circulating credits cost as much to all, save the 
 issuer, as an equal value in coin ; they have to be paid for by 
 all who use them. If individuals prefer to use coin to even a 
 small proportion of their ability, or to hold their savings or 
 reserves in coin, if traders, commercial companies, and gov 
 ernments increase their reserved stocks of bullion to even 
 a small percentage of the extension of their operations, the 
 absorption would outrun the production of the precious metals, 
 taking no account of the insatiable demand of the Asiatic 
 nations. 
 
 The fact is that price is not a mathematical ratio, to be 
 Price not a ratio to computed like a logarithm. The variations of 
 quantity. fa Q market are estimated by reasoning beings 
 
 on the best judgment they can form of the happening and the 
 effect of future events. The laws of market or temporary 
 price are different in every case. An excess of oranges, which 
 perish in a few days, or of artificial flowers, which go out of 
 fashion, is worthless. An excess of gold, which is indestruc 
 tible, and easy, cheap, and safe to hold, involves a loss of interest 
 at the lowest rate for the period it is likely to remain on hand. 
 
 The depreciation of our legal-tender treasury notes is not to 
 Lay of depreciation be measured by any arithmetical formula. The 
 
 of inconvertible . . 
 
 currency. law which governs it is the discount for interest 
 
 until the probable time of payment, and for insurance against 
 risk, as those two elements are estimated by the general judg 
 ment of investors. To create a demand for it, by receiving it 
 in Government transactions, or to reduce its supply below the 
 demands created by law from individuals for use as legal 
 tenders, is for the Government to make an artificial market 
 which operates, so far forth, as a practical redemption. 
 
 It is consistent with this reasoning to admit and assert that 
 HOW issues of legal the issue of legal-tender treasury notes during 
 
 tenders inflated 
 
 prices. the late civil war exerted great power over 
 
 prices. It acted on the public imagination in respect to future 
 
1876.] SECOND ANNUAL MESSAGE. 287 
 
 values. It excited great distrust that the Government, instead 
 of having recourse for its means of war expenditure to the 
 vast mass of our national wealth by loans and taxes, resorted 
 to a debasement of the comparatively insignificant fund of 
 circulating credits with which private business is carried on. 
 It excited a grave sense of doubt how often, and to what 
 extent, it might recur to so dangerous an expedient, great 
 misgiving as to the time and the certainty of ultimate redemp 
 tion. Under these influences, in the vicissitudes of military 
 operations, the discount became large, touching, at its ex 
 treme point, 65 per cent on the par value of the issues. 
 
 The human imagination seldom fails to exaggerate any 
 desired or dreaded reality to which it looks for- j nfluence of op j n i on 
 ward, and it acts a great part in those cycles and imagination. 
 of ascending prices and descending prices which happen in 
 highly commercial countries. The origin is in some event 
 creating an anticipation of a rise in the market value of one 
 or more commodities, which extends as by contagion to others, 
 or in an expectation of a general rise of prices. The upward 
 movement sometimes continues for several years. The excite 
 ment begins with dealers for profit or speculation. The instru 
 ments of credit first brought into requisition are those which 
 are commonly used by these classes. The small consumers 
 are the last reached. Then bank-notes are expanded, and they 
 generally continue to increase for some time after the down 
 ward turn of the speculation. 
 
 The reaction would take place by the mere exhaustion of the 
 speculative impulse. Sometimes it does happen 
 
 . , . Reaction. 
 
 without any other cause. A speculative move 
 ment, when it ceases to go upward, can but fall. But often 
 some special cause intervenes to precipitate the catastrophe. 
 
 In our present case the most important cause of reaction is 
 the immense waste of our capital, which has causes of present 
 gone on in all the modes described, and espe- reactlon - 
 cially by excessive governmental consumption. An accessory 
 cause is the fall in prices of many of our staples, which are now 
 
288 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 produced in excess of the capacity of private consumption by an 
 impoverished people. There are also moral causes acting on 
 the public mind. A popular error existed that prices would 
 not fall so long as the volume of legal-tenders and bank-notes 
 continued undiminished. Many made their business calcula 
 tions on that theory, and are disappointed, and their confidence 
 in their own opinions unsettled. 
 
 These special causes, in addition to the natural exhaustion 
 of a fictitious excitement, broke the public illusions which had 
 been generated by false systems and false theories. A great 
 change ensued in the opinion and feeling of the people, in con 
 fidence and credit, in the voluntary machinery of business, which 
 expands and contracts according to the fluctuating temper and 
 purposes of individuals. A corresponding fall of prices resulted. 
 
 But the quantity of legal tenders and bank-notes in the hands 
 Currency expan- of the public had not been diminished. The 
 
 sion failed to stop 1111 11 m 
 
 reaction. quantity, excluding those held by the 1 reasury 
 
 and the banks, was larger at the crisis in September and Octo 
 ber, 1873, than at any previous time. Yet the continuance of 
 the volume of the currency, the enlargement of it, did not 
 inflate prices did not even stay the fall of prices. 
 
 In such a state of facts it is obvious how utterly futile to 
 Moderate issue arrest, how more than futile to reverse, the opera 
 tion of these potent causes would be a new issue 
 of any moderate quantity of legal tenders. A sudden and 
 unexpected deficiency of currency sometimes happens; and 
 before business can be adapted to the new condition, or can 
 find a substitute in some other instrument of exchange, much 
 temporary inconvenience may be felt. Such a state of things, 
 to which a new issue might be adapted, does not exist. On the 
 contrary, there is assuredly an adequate supply of currency 
 for the wants of business, and even a surplus. In eight years 
 out of ten the demand for from 5 to 10 per cent additional 
 currency in the autumn to move the crops creates what is 
 called a " fall pinch." There was none in 1875. The surplus 
 currency previously on hand more than provided for that special 
 
1876.] SECOND ANNUAL MESSAGE. 289 
 
 temporary demand. The banks continued to lend their balances 
 on call at low rates. The tendency to reduce the circulation 
 because of the lack of profitable employment is still manifest. 
 The New York city banks reduced their outstanding notes, be 
 tween 1873 and 1875, from twenty-eight million to less than 
 eighteen million dollars. 
 
 Nor would such an additional issue of legal tenders give any 
 direct relief to embarrassed persons. The notes would not relieve 
 issued would have to be paid for. The difficulty embarrassment - 
 with embarrassed persons is that they have not available prop 
 erty to convert into currency. If they had, the conversion 
 could be as well effected with the existing mass of currency as 
 after such a new issue. 
 
 Nor would any moderate issue of legal tenders have the 
 least power to revive the condition of business through which 
 we have passed, the condition of high and rising prices ; of 
 universal disposition to enlarge operations, undertake new 
 enterprises, and enter into new speculations ; of unsound con 
 fidence and reckless use of credit, a condition which imparted 
 an apparent but fictitious prosperity to everything and every 
 body, and furnished an unnatural market for all property. 
 Experience shows that, after such a state of business a period 
 follows in which the opposite ideas and feelings prevail. Such 
 is the case now. With all the agencies having real power to 
 create such a condition of business, operating strongly in the 
 contrary direction, the effort to reproduce that condition by an 
 agency never capable of much effect would be perfectly futile. 
 If the Treasury should pay out a moderate additional quantity 
 of legal tenders, they would not go into circulation or act on 
 prices; they would merely accumulate in the money centres 
 and reduce the rate of call-loans of bankers balances. 
 
 It would be only by a large issue, or the menace of a large 
 or indefinite issue, that a decided effect on prices indefinite issue 
 could be produced. That would create alarm of JJ e ni "ght, e cause 
 such an impending depreciation as to threaten 
 creditors with a confiscation of their debts, and holders of 
 
 VOL. IT. 19 
 
290 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 currency with its loss ; and they would hasten to exchange it 
 for property. Any issue which should act on the imagination, 
 inciting wild estimates or wild fears of the future, might in 
 duce a speculative depreciation of the price of the currency 
 and inflation of the prices of property. The evil, even of a 
 moderate issue, when the currency already exceeds the wants 
 of business, and the increase cannot be pretended to be for 
 any legitimate purpose, especially if the object of removing 
 individual distress by creating fictitious prices be avowed, is 
 that it strikes at the root of all confidence and all credit. If 
 the principle be once adopted, everybody will inquire how often 
 such an expedient may be repeated, and how far it may be 
 carried. An attempted expansion of the petty volume of the 
 currency under circumstances which cause a real contraction 
 of the whole vaster volume of credit machinery, which fill all 
 lenders with dismay, and which destroy public confidence, hope, 
 and faith, that are the basis of credit systems and credit 
 operations, is self -destructive ; it can be prolific of nothing but 
 general disaster. 
 
 The temper which now predominates among the people 
 Sound finance revolts at financial quackery. It is no longer 
 demanded. susceptible to flattering illusions which have 
 
 exploded amid the wrecks of individual fortunes and private 
 prosperity. It is excessively incredulous. It demands sound 
 measures, such as commend themselves to the judgment of the 
 best intellects and the best experience. 
 
 After eleven years of convulsion without a restoration of 
 Specie payments specie payments, it now claims a restoration of 
 
 without convul- . . 
 
 sion. specie payments without a convulsion. The prob 
 
 lem does not seem difficult. Resumption by the Government 
 will completely accomplish resumption by the banks. The 
 Treasury has only, by gradual and prudent measures, to pro 
 vide for the payment of such portion of the outstanding Treas 
 ury notes as the public, not wishing to retain for use, will 
 return upon it for redemption. The sum required in coin, if 
 the preparations be wisely conducted, so as to secure public 
 
1876.] SECOND ANNUAL MESSAGE. 291 
 
 confidence, will be what is necessary to replace the fractional 
 currency and to supply such individuals as prefer coin to paper 
 for their little stores of money, and also what is necessary to 
 constitute a central reservoir of reserves against the fluctua 
 tions of international balances and for the banks. To amass a 
 sufficient quantity by intercepting from the current of precious 
 metals flowing out of this country, and by acquiring from the 
 stocks which exist abroad, without disturbing the equilibrium 
 of foreign money-markets, is a result to be worked out by a 
 study of all the conditions and the elements to fulfil those 
 conditions, and by the execution of the plans adopted with 
 practical skill and judgment. Redemption, beyond this pro 
 vision of coin, can be effected as other business payments are 
 effected, or in any method which converts investments without 
 interest into investments upon interest on terms the holder will 
 accept, and by such measures as would keep the aggregate 
 amount of the currency self-adjusting during all the process, 
 without creating at any time an artificial scarcity, and without 
 exciting the public imagination with alarms which impair con 
 fidence, contract the whole large machinery of credit, and 
 disturb the natural operations of business. The best resource 
 for redemption is that furnished by public economies, for it 
 creates no new charge upon the people ; and a stronger public 
 credit is certain to result from sounder finance, and will 
 reduce the annual cost of the national debt. 
 
 These opinions, deduced from reason, are confirmed, in a 
 recent example, by experience. France, in her Example of 
 ten months contest with Germany, incurred a 
 war expenditure of one thousand million of dollars in specie 
 values, and in the twenty-eight months following the peace, 
 paid an indemnity of one thousand million of dollars in specie, 
 or its equivalent, to a foreign country. These great opera 
 tions were carried on without causing a depreciation of the 
 currency beyond 2-|- per cent at its extreme point, and 
 without disturbing the general business or industry of the 
 people. 
 
292 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 What is most needed now is that the public mind be reas- 
 
 Our great neces- sured b J a wise > safe > and healing policy. The 
 
 dread of imaginary evils ascribed to the methods 
 
 assumed to be necessary to restore specie payments is more 
 
 mischievous than the reality, wisely pursued, ought to be. As 
 
 soon as the apprehensions of an impending fall of values is 
 
 removed, manufacturing and mechanical industries will start 
 
 anew, dealers will buy for future consumption, enterprises that 
 
 commend themselves to the sober judgment of investors will 
 
 be undertaken, and capital, which now accepts any low rate of 
 
 interest, where there is no risk, but is withheld from operations 
 
 of average character, will be lent on reasonable conditions. 
 
 But the remedies for the evils now felt by the people in their 
 
 business and industries must extend beyond any 
 
 True remedies. 
 
 measures merely relating to the currency. They 
 must be broader and deeper. They must begin with a prompt 
 and large reduction in governmental expenditures and taxation, 
 which shall leave in the hands that earn it a larger share of 
 the result of labor. They must proceed by withdrawing, as 
 much as possible, governmental interferences that cripple the 
 industries of the people. They must be consummated with 
 an increased efficiency and economy in the conduct of busi 
 ness and in the processes of production, and by a more rigor 
 ous frugality in private consumption. A period of self-denial 
 will replace what has been wasted. 
 
 We must build up a new prosperity upon the old foundations 
 of American self-government ; carry back our political systems 
 toward the ideals of their authors ; make governmental insti 
 tutions simple, frugal ; meddling little with the private con 
 cerns of individuals, aiming at fraternity among ourselves and 
 peace abroad, and trusting to the people to work out their own 
 prosperity and happiness. All the elements of national growth 
 and private felicity exist in our country in an abundance which 
 Providence has vouchsafed to no other people. What we need 
 to do is to rescue them from governmental folly and rapacity. 
 
i8 7 6.] 
 
 SECOND ANNUAL MESSAGE. 
 
 293 
 
 SI 
 
 $s 
 
 S 
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 s* 
 
 Is 
 
 rj<O CDO5 
 
 if 2 it 
 
 V <s |V 
 
 SI 
 
 o . 
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 cT CM T^T i-5 
 
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 COC-1 r^ rH 
 
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294 
 
 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 CLEARING HOUSE LOAN CERTIFICATES, 1873. 
 
 
 Sept. 23. 
 
 Oct. 15. 
 
 Nov. 1. 
 
 Dec. 26. 
 
 Clearing House loan certifi 
 cates, New York .... 
 
 $6,650,000 
 
 $20,560,000 
 
 $20,315,000 
 
 $2,390,000 
 
 
 
 Oct. 13. 
 
 
 
 Other cities 
 
 
 8,782,400 
 
 10,363,775 
 
 
 
 
 
 
 
 NOTE. 
 
 1. In September, 1873, when the financial storm broke, the 
 issues were, at the largest amount they had reached, ten mil 
 lions more than in October, 1872, and thirty millions more than 
 in October, 1871 ; and the public held thirty millions more than 
 in 1872, and forty-six millions more than in 1871. 
 
 2. From September 12 to October 13 the issues increased two 
 and a half millions of bank-notes ; the banks lost eight and three 
 quarter millions ; the public absorbed eleven and one quarter 
 millions of currency. 
 
 3. From October 13 to November 1 the issues were increased 
 by five millions of legal tenders from the Treasury, one and a half 
 of fractional currency, and by one of bank-notes, making seven 
 and a half millions ; the public lost four and a half millions ; the 
 banks gained twelve millions. The tide had turned ; the outflow 
 from the banks had continued some time after the panic ; the 
 influx had now begun. 
 
 4. From November 1 to December 26 the issues were increased 
 by eighteen millions of legal tenders and fractionals from the 
 Treasury. The banks gained forty-three millions of legal tenders 
 and three millions of bank-notes ; the public lost twenty-eight 
 millions. 
 
 5. In the next nine months, to Oct. 1, 1874, the Treasury issued 
 three and one half millions of legal tenders, and took in one and 
 three fourths millions of fractional currency. The banks cancelled 
 eight millions of their notes, and to cancel more deposited twenty 
 millions of legal tenders. The currency existing, fell six and a 
 half millions ; the currency held by the public fell twenty-six and 
 one half millions. 
 
1876.] SECOND ANNUAL MESSAGE. 295 
 
 6. From Oct. 1, 1874, to Oct. 1, 1875, the Treasury had made no 
 reduction of the legal tenders except to withdraw eight millions 
 on issuing ten millions of bank-notes. The cancellation of bank 
 notes was twenty-five millions. The currency in the hands of the 
 public was diminished fifteen millions. 
 
 Finally, all through this process the features have been, First, 
 the compulsory currency of the Government has been from time 
 to time increased or kept stationary, except in one instance, when 
 eight millions were withdrawn, to be replaced by ten millions of 
 bank-notes. Secondly, the voluntary currency of bank-notes has 
 been diminishing by voluntary cancellation. Thirdly, the princi 
 pal reduction has been by the public, in refusing to use the exist 
 ing currency, and leaving it to accumulate in the banks. There 
 were seventy-four millions less held by the public Oct. 1, 1875, 
 than Oct. 13, 1873. There were sixty-five millions more in the 
 banks. On Oct. 1, 1875, the banks could lawfully pay out or lend 
 sixty millions more, if it would be taken and held by the public. 
 During all this time call-loans of bankers balances have been at 
 very low rates, even at the season of the year when they are gen 
 erally in demand at high rates. There has been a plethora of 
 currency and a continuous fall of prices. 
 
XL VI. 
 
 IN compliance with the recommendation of the Governor s 
 Canal Message of 1875, a commission was created by the 
 Legislature with power to investigate the nature and extent 
 of the abuses denounced therein by the Governor. For the 
 discharge of the duties of their commission the Governor 
 selected John Bigelow, Daniel Magone, Jr., Alexander E. Orr, 
 and John D. Van Buren, Jr. These gentlemen, who began 
 their investigations in May and prosecuted them de die in diem 
 until the close of the year, submitted reports from time to time 
 to the Governor, and among other things recommended that 
 proceedings should be instituted by the law officer of the State 
 to recover large sums of money that had been, as they alleged, 
 fraudulently paid to different contractors during the five years 
 immediately preceding. To meet the extra labor required for 
 the prosecution of these suits, the Governor had recommended 
 the Legislature to make a suitable appropriation for the 
 employment of special counsel, and for other purposes called 
 for by the disclosures made by the commission. 
 
 At an early stage of the session of the Legislature of 1876 a 
 resolution passed the Senate inviting the Governor to com 
 municate to the Legislature the results thus far accomplished 
 by the commission, with the testimony thereto pertaining. To 
 this resolution Governor Tilden sent the following replies. 
 
ANSWER TO A RESOLUTION OF THE SENATE 
 RESULTS OF THE CANAL COMMISSION. 
 
 EXECUTIVE CHAMBER, ALBANY, Jan. 18. 1876. 
 To the Senate. 
 
 IN answer to the resolution of the Senate requesting the 
 Governor " at the earliest possible day, consistent with the 
 public service, to communicate to the Legislature the results 
 of the investigation thus far obtained by the commission, with 
 the testimony thereto pertaining, and the titles and objects 
 of the actions now pending, with the progress thereon made, 
 and the names of the officials charged with complicity or con 
 nivance as aforesaid, in order that the Legislature may, in 
 view of the information thus furnished, determine what appro 
 priation, if any, or other measures of legislation may be 
 necessary," I have the honor respectfully to state, 
 
 1. That the concurrent resolution authorizing the Governor 
 to appoint a commission to investigate canal affairs, passed in 
 1875, requires the said commission to report the testimony they 
 shall take, together with such recommendations in respect to 
 the same as they shall deem warranted by the facts, to the 
 Governor and to the Legislature at the opening of the next 
 session. The commission have made a series of reports to the 
 Governor, twelve in number, on special cases, and, I under 
 stand, are preparing with all diligence a general report to 
 the Legislature, in compliance with the concurrent resolution, 
 which will embrace " all the results thus far obtained by the 
 
298 THE WORKS OF SAMUEL J. T1LDEN. [1876. 
 
 2. The several reports of the commission to the Governor 
 have been from time to time transmitted to the office of the 
 Attorney-General for his consideration as to what legal remedies 
 in behalf of the State should be instituted. The conduct of 
 such actions is devolved by law upon the Attorney-General. 
 The present incumbent, as the Senate is doubtless aware, 
 from the day of his taking office was engaged at the Oyer 
 and Terminer of Erie County in the trial of one of the cases 
 arising out of a report of the commission until a week after 
 the adoption of your resolution. For particular information 
 on the subject of this part of your inquiry I respectfully refer 
 you to that officer. 
 
 In the passage of my Annual Message referred to by your 
 resolution I expressed the opinion that the object of primary 
 and transcendent importance in the measures connected with 
 the administration of canals is " to reform the system and to 
 establish every possible security against the recurrence of the 
 evils." This object is to be attained by an exposure of the 
 wrongs, by appropriate measures of legislation to prevent and 
 punish similar wrongs hereafter, by the enforcement of existing 
 laws imposing penalties upon the wrong-doers, and, as far as 
 possible, by compelling restitution. Even in the narrow sense 
 of pecuniary advantage to the people, infinitely more is accom 
 plished by breaking up the system than can be hoped to be 
 recovered in civil action. If adequate proofs could always 
 be had, complete restitution cannot always be effected ; still 
 less full damages for wastes committed to enable the illicit 
 profits to be gained, which are often much larger than those 
 profits. The expenditures in jobs connected with the canals 
 have averaged from two to three millions of dollars annually. 
 Nearly the whole of this amount can be saved to the treasury 
 or left in the pockets of the taxpayers without detriment to 
 any public interest. For the present fiscal year that saving 
 has been accomplished irrespective of any litigations in the 
 courts. There is no reason why the same saving should not 
 be effected hereafter. 
 
1876.] RESULTS OF THE CANAL INVESTIGATION. 299 
 
 The indictment, trial, and conviction of persons who have 
 committed criminal offences under existing laws have for 
 their object the general purpose of remedial justice by deter 
 ring in the future from the commission of similar offences. 
 Civil actions by the State, while they have an incidental effect 
 of the same nature, have the further and main object of com 
 pelling restitution of the public money unlawfully taken. In 
 dictments, since the law of 1873, can be found at any time 
 within five years of the time of the commission of the offence. 
 Civil actions by the State for the recovery of money in such 
 cases can under the laws of 1875 be brought at any time with 
 in ten years after the cause of action occurred. 
 
 The investigations of the commission, faithful and laborious 
 as they have been, leave unexplored far more than has been 
 brought to light. Official bodies like the Canal Board and the 
 Commissioners of the Canal Fund ought to be clothed, as per 
 manent standing authorities, with full powers of investigation, 
 in their respective spheres, as to all wrongs done in respect to 
 public moneys or property. The Comptroller, as the gen 
 eral fiscal representative of the State, and perhaps other public 
 officers, ought to be vested with similar powers. 
 
 It is quite manifest that it would overtask the powers of any 
 one man to conduct the criminal and civil actions that have 
 been and ought to be instituted for these objects. Vast sums 
 stolen from the treasury will be, as in similar cases they have 
 been, employed in securing extraordinary service in legal abil 
 ity, in professional experts, and in indefatigable activity to de 
 fend, by every technical artifice, the unjust possession. There 
 is no force of detectives connected with the office of the Attor 
 ney-General, neither are the district attorneys his subordinates. 
 The Attorney-General of the United States, on the other hand, 
 has all the district attorneys and all the marshals and deputy- 
 marshals, besides a large number of skilled experts, perfectly 
 at his command ; and Congress every year makes a sufficient 
 appropriation to meet whatever expenses may be necessary in 
 the preparation of suits for trial. 
 
300 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 The actions growing out of canal frauds involve the exami 
 nation of complicated facts relating to construction, and the 
 quality and utility and value of the work ; and they cannot be 
 properly prepared or tried without the assistance of experts. 
 It has been usual to make a small annual appropriation to 
 enable the Attorney-General to employ counsel to assist him 
 in the discharge of his official duties. The suggestion in 
 my Annual Message that the ordinary appropriation would 
 be insufficient, but that a " special " appropriation would be 
 necessary to enable him to enforce the rights of the State 
 and to meet the just expectations of the people, had reference 
 to the expenses necessary for preparing these suits for trial 
 and for conducting these trials. 
 
XLVII. 
 ADDITIONAL RESULTS OF CANAL INVESTIGATION. 
 
 EXECUTIVE CHAMBER, ALBANY, March 24, 1876. 
 To the Legislature. 
 
 THE results of the investigations ordered at the last session 
 into the work on the Erie and other canals purporting to be 
 improvements and known in the language of our legislation 
 as " extraordinary repairs," have been submitted to you. They 
 establish these conclusions : 
 
 1. The expenditures for these purposes during the last five 
 years were, directly, about $11, 000,000, and indirectly about 
 $3,000,000, making $14,000,000; and involved taxation amount 
 ing to nearly $15,000,000. This is in addition to vast sums 
 expended in former years. 
 
 2. The mass of the work for which these expenditures were 
 made was of no real utility to the public. The waste in con 
 struction, which furnished jobs to contractors, but was of no 
 value to the State, has been even larger than the illicit and 
 fraudulent gains. 
 
 3. Most of the contracts were obtained by the system of 
 unbalanced bids and other dishonest devices. 
 
 4. Much of the work was executed in violation of the con 
 tracts, and is worthless. 
 
 The advantages to the State of the investigations have not 
 been limited to the discovery of the particular frauds ; nor even 
 to the destruction of a system involving a vast annual loss to 
 the taxpayers, demoralizing to the public service, and corrupt 
 ing to all governmental life. 
 
302 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 Incidentally, in arresting these practices, a fund has been 
 rescued from spoliation out of which a real, important, and val 
 uable improvement can be effected in the main trunks of the 
 canals. On the first of last month there remained, as nearly 
 as I can ascertain, of the funds applicable to extraordinary 
 repairs and new work, 
 
 Unappropriated to specific objects $633,000 
 
 Existing appropriations for objects not under con 
 tracts 360,000 
 
 Estimated as necessary to settle existing contracts, 
 
 Erie Canal $347,000 
 
 Champlain Canal . . . 30,000 
 
 Oneida Lake Canal . . 6,000 
 
 $383,000 
 
 Balance after selling contracts as proposed .... 300,000 
 Sum available for new work on Champlain Canal- 
 enlargement 270,000 
 
 Oneida Lake 41,000 
 
 $1,604,000 
 
 I respectfully recommend the enactment of laws providing 
 for the following measures : 
 
 1. Empowering and directing the Canal Board to close all 
 existing contracts for extraordinary repairs, except in those 
 special cases where, in the judgment of the Board, it cannot 
 be done without detriment to the interests of the State, and 
 repealing all existing appropriations for extraordinary repairs. 
 
 2. Appropriating not exceeding $400,000 to such payments 
 as may be just and necessary to close existing contracts, but 
 providing that no such appropriation shall become effectual in 
 respect to payments on any contract until the same shall be 
 certified by the State engineer in writing to the Canal Board, 
 and afterward duly approved by the Canal Board ; and pro 
 viding further that nothing in any such act of appropriation 
 shall operate or be construed to validate or recognize any 
 contract tainted with illegality or fraud, or to waive any de 
 fence of the State in respect to any contract or any right of 
 
1876.] RESULTS OF THE CANAL INVESTIGATION. 303 
 
 action in the State growing out of such contract, or of work 
 done or required by the same ; and likewise appropriating 
 not exceeding $100,000 for the purpose of protecting or 
 finishing such work as, in the judgment of the Canal Board, 
 the interests of the State may require to be so protected or 
 finished. 
 
 3. Appropriating not exceeding $400,000, to be expended, 
 with the approval of the State engineer and under the direc 
 tion of the Canal Board, in the improvement of the water 
 way of the Erie Canal, with a view of giving full seven feet 
 depth of water so far as may be practicable at the opening 
 of navigation in the present year; appropriating not exceed 
 ing $15,000 for a survey and measurement of the water 
 way of the Erie Canal for the purpose of determining its real 
 condition and the places where it specially requires improve 
 ment ; and appropriating from the residue of funds hitherto 
 applicable to extraordinary repairs on the Erie Canal, which 
 are now or may come into the treasury, including moneys 
 which may be withheld by the State on existing contracts or 
 recovered by the State in respect to such contracts or work 
 under them, such sums as may be necessary to improve the 
 water-way of the Erie Canal to a depth of seven and a half 
 or eight feet at such places as may be found most useful or 
 most economical. 
 
 4. Appropriating such portion of the unexpended balance of 
 former appropriations for the Champlain Canal as may be 
 necessary to improve the water-way of that canal. 
 
 5. Directing the Canal Board, at the beginning of the next 
 session of the Legislature, to report what, if any, specific im 
 provements, other than that heretofore mentioned, are essential 
 to the interests of the State. 
 
 The advantages of improving the water-way of the Erie 
 Canal were discussed by me in the Annual Message of 1875, 
 and again in the Annual Message of 1876. In the Special 
 Message of March 19, 1875, while showing the enormous out 
 lay on the canals for alleged improvements, questioning the 
 
804 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 utility of most of the new construction, exposing the fraudu 
 lent devices by which the contracts were obtained, and inviting 
 investigation as to the quality of the work, I still insisted on 
 the immense benefits, at comparatively small cost, of improv 
 ing the water-way, in the following language : 
 
 " In my judgment a far more important improvement of the 
 Erie Canal would be effected by a thorough system of ordinary 
 repairs which should give the water-way its proper and lawful 
 dimensions, and by progressively deepening it, wherever reasona 
 bly practicable, from seven to eight feet. As the object would be 
 merely to enable the submerged section of the boat to move in a 
 larger area of water, so that the displaced fluid could pass the boat 
 in a larger space, it would not be necessary to alter the culverts 
 or other structures, or to carry the walls of the canal below the 
 present bottom ; and the benefit would be realized in each portion 
 of the canal improved, without reference to any other part of the 
 channel which should remain unchanged. In facilitating the move 
 ment of the boat and quickening its speed, it would increase the 
 amount of service rendered in a given time, and would thereby 
 diminish every element of the cost of transportation. It would 
 benefit the boatmen and carriers more, even, than one cent a bushel 
 remission of tolls. It would be of more real utility to navigation 
 than five or ten times its cost expended in the average manner of 
 so-called improvements on the public works. But it is too simple, 
 too practically useful, to enlist the imagination of projectors who 
 seek the fame of magnificent constructions, and of engineers who 
 build monuments for exhibition to their rivals, or to awaken the 
 rapacity of cormorants who fatten on jobs. 
 
 " I renew the recommendation of my Annual Message upon this 
 subject; and would draw particular attention to this clause, that 
 provisions be made by law to enable the State engineer, soon after 
 navigation is opened, to measure the depth of water in the canal 
 by cross-sections as often as every four rods of its length, and on 
 the upper and lower mitre-sill of each lock." 
 
 These opinions are deduced from the best engineering science 
 as applied to canal navigation, and are confirmed by practical 
 experience. In the present depressed state of business are found 
 an increased necessity and a favorable opportunity for going 
 on with this measure. The interests of the consumers in cheap 
 navigation, of the boatmen and forwarders for every facility 
 
1876.] RESULTS OF THE CANAL INVESTIGATION. 305 
 
 in their business, the low prices of materials, and the scanty 
 employment of labor, are all circumstances which conspire to 
 demand attention to this subject, and to make the present a 
 fit and advantageous time in which to begin the work ; and I do 
 now earnestly ask your consideration of these recommendations, 
 which I regard as of high public importance. 
 
 I avail myself of this opportunity to renew the recommenda 
 tion recently submitted to you, that a law be passed conferring 
 on the Canal Board full powers of investigation and redress of 
 all wrongs done to the State in respect to canal work. It seems 
 to me quite clear that such powers ought to be vested in that 
 body, and in every similar body, irrespective of the particular 
 occasion. 
 
 I likewise renew the recommendation of an ample appropria 
 tion in aid of the defences of the State against fraudulent or 
 unjust canal contracts, and in aid of civil and criminal actions, 
 in behalf of the State, growing out of canal frauds. It is im 
 possible properly to prepare such cases for trial without larger 
 expenses than the State has hitherto been accustomed to make. 
 The machinery of the State for such legal controversies is very 
 inadequate and ineffective compared with that of the United 
 States Government or any other government, and needs to be 
 supplemented by accessory measures. In recent instances we 
 have seen rich and powerful public delinquents in the courts 
 defending their possession of plunder and their personal liberty 
 by very numerous counsel, stimulated by enormous fees, ex 
 ceeding many times ordinary professional compensations. 
 The effect is to demand extraordinary sacrifices of time and 
 effort on the part of those who represent the people ; to render 
 the litigations extremely engrossing and burdensome. The 
 State will not imitate the practice of an extraordinary rate of 
 professional compensation; but not to foresee and to provide 
 for attention, effort, and aids commensurate with the necessity, 
 would be practically to abandon the assertion of the rights and 
 the protection of the interests of the people against the wrong 
 doers. 
 
 VOL. ii. 20 
 
XLVIII. 
 THE COMMISSION OF EMIGKATION. 
 
 EXECUTIVE CHAMBER, Albany, April 12, 1876. 
 To the Legislature. 
 
 I TRANSMIT herewith a communication from the Commission 
 ers of Emigration, to which I earnestly invoke your immediate 
 and considerate attention. You are doubtless aware that on 
 the 20th of March last a decision was rendered by the Supreme 
 Court of the United States in the case of Hendersons vs. The 
 Mayor, etc., of the City of New York and the Commissioners 
 of Emigration, declaring unconstitutional and void the law of 
 this State requiring a bond from the parties bringing emigrants 
 into the port of New York to indemnify each city, county, and 
 town of this State against such emigrants being a charge on 
 them during the period of five years from the date of their 
 arrival, but allowing a commutation of the liability under such 
 bond now fixed by law at the sum of one dollar and a half for 
 each emigrant. 
 
 The effect of this decision is totally and instantly to destroy 
 the whole income of the commission, by means of which their 
 beneficent operations have been hitherto carried on. The sys 
 tem is completely arrested, and for some weeks the commis 
 sioners have had no revenue whatever, and the means within 
 their control will be exhausted by the 1st day of May. 
 
 The system was put in operation on the 6th day of May, 
 1847, under an Act passed the day before, and has been contin 
 ued under subsequent amendments until the present time. In 
 
1876.] THE COMMISSION OF EMIGRATION. 307 
 
 the Report of the commissioners to the Legislature, submitted 
 on the 31st of January last, they state their operations, during 
 the period of their existence, as follows : 
 
 " It [the commission] has during this period supervised the 
 landing of over six millions of emigrant passengers with their 
 baggage; it has provided and cared for 1,717,838 of alien emi 
 grants for a greater or less period during the first five years subse 
 quent to their arrival ; it has treated and cared for 547,209 in its 
 various hospitals, etc. ; it has supplied 485,669 with temporary 
 board, lodging, or pecuniary assistance ; it has provided 400,187 
 with employment, through the labor bureau at Castle Garden ; it 
 has forwarded to inland destinations and returned to Europe, at 
 their own request, 58,122 ; it has relieved and provided for 226,651 
 in various counties and institutions of the State. Under this head 
 the sum of $1,411,474 has been reimbursed by the commission to 
 various counties and charitable institutions." 
 
 The commissioners have also cared for, in its various asy 
 lums, and sent back at its own expense to their native lands, 
 many who have passed through this to other States, possessed 
 of health and supplied with money, which they subsequently 
 lost, and returned to this State to become a charge upon the 
 commission. It has cured many cases of sickness of emigrants 
 destined to other States, and then despatched them to their 
 various designations to enrich other communities with their 
 money, capital, and labor, value unimpaired. 
 
 The arrivals in the port of New York probably constitute at 
 least 80 per cent of the total addition to the population of the 
 United States by emigration, including the influx through Can 
 ada. The value of this accession to our population as a produc 
 tive power is not to be measured by mere numbers. In an 
 investigation which I had occasion to make some years ago it 
 was ascertained that while the males between the ages of fif 
 teen and forty in the resident population of the United States 
 in 1860 were 21J per cent of the whole number, the males 
 between the same ages among the emigrants arriving during 
 forty years were 41 J per cent of the whole number. If the total 
 influx during the twenty-nine years has been seven and a half 
 
308 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 millions, it has included the virile portion of a population of 
 eighteen millions ; that is, persons of the ages which are nearly 
 coincident with those usually accepted as embracing the period 
 of military service, and are also those of the largest capacity 
 for physical labor. The chief sources of emigration have been 
 Germany and Ireland, forming about two thirds of the whole 
 influx. In the earlier portion of the period the Irish emigration 
 was much the largest ; in the later portion the German has 
 been much the largest ; in the whole period the German has 
 been about one hundred thousand the larger. In 1856 the 
 commission kept an account of the average cash brought by the 
 emigrants, and it amounted to $68.08 per head, which is deemed 
 a low estimate of the real amount. 
 
 This migration is the most remarkable which has happened 
 in the history of the human race. It has enacted an immense 
 part in the growth of our population, the creation of great 
 cities ; the settlement of new States ; the formation of the busi 
 ness of our railroads ; the extension of all commerce and all 
 industries ; as well as in all the great national events of which 
 our country has been the theatre. The benefits of this vast 
 migration have been diffused all over the northern portions of 
 the Republic. Less than 45 per cent of the emigrants remain 
 within this State, even for the first year from their arrival ; 
 and after that a much smaller proportion. But of course the 
 tendency is for a large portion of those who become the objects 
 of public charity to fall upon the City and State of New York. 
 And the still more important function of protecting the emi 
 grants from extortion, deception, and the innumerable variety 
 of wrongs to which they are inevitably exposed, can only be 
 performed by a machinery such as has been furnished by the 
 laws of this State, which must be local in its operations, and 
 can be most wisely and beneficially supplied by local and State 
 authorities. 
 
 In the practical conjuncture which now exists, it seems to me 
 necessary that the State should interfere and advance the neces 
 sary funds to carry on the operations of the commissioners for 
 
1876.] THE COMMISSION OF EMIGRATION. 309 
 
 a year to come, unless in the mean time relief can be obtained 
 by Congressional legislation. The value of the property which 
 has been acquired by revenues derived from the commutation 
 money is far in excess of the necessary advances, and the title 
 to that property is in the State. On the other hand, the faith 
 of the State is fairly bound to continue its care of such emi 
 grants as arrived previous to the abrogation of the system for 
 five years after their arrival. The State, holding the property 
 of which it has the title, will acknowledge it as a trust, and 
 may properly look to it for a reimbursement of such advances 
 as are required by the present extraordinary emergency. The 
 decision of the Supreme Court of the United States may also 
 involve the necessity of new or supplementary legislation for 
 the protection of emigrants on their arrival, to which branch 
 of the subject of emigration I also invite your attention. 
 
XLIX. 
 VETO-MESSAGES. 
 
 EXECUTIVE CHAMBER, ALBANY, March 14, 1876. 
 To the Assembly. 
 
 I HEREWITH return, without my signature, Assembly Bill No. 
 12, entitled, " An Act to provide for the employment of Convicts 
 and Paupers under the control of the Commissioners of Public 
 Charities and Correction of the City and County of New York." 
 
 This Bill commands the Commissioners of Charities and Cor 
 rection for the City of New York to furnish employment to 
 " every able-bodied convict or pauper confined in the institu 
 tions under their care " who cannot be employed " to advantage 
 or profit " in getting out stone, cultivating ground, or manu 
 facturing for the use of the said departments, with such 
 mechanical or other labor as " will yield the greatest revenue 
 to the departments," and enable him to be kept constantly 
 employed during the term of his imprisonment. 
 
 This provision does not merely confer authority on the com 
 missioners. It is mandatory ; it contains no qualification ; it 
 allows no discretion. The rule in respect to the choice of 
 industries in which the convicts and paupers are to be employed 
 is absolute. The work to be carried on is that which will 
 "yield the greatest revenue." The theoretical principle of 
 political economy in respect to private business, which, to the 
 honor of humanity, is qualified and tempered in practice, 
 remorseless competition for the greatest profit, is enacted as 
 the law in the selection of the industries to be followed. Unless 
 
1876.] VETO-MESSAGES. 311 
 
 the legal effect of this enactment is qualified by the last clause 
 of the same section, any intentional deviation, any conscious 
 deviation from this rule by the commissioners would be 
 itself a misdemeanor ; it would expose the commissioners to 
 a liability to take their places with the convict portion of the 
 persons under their care. 
 
 It is true that an amendment was added to this section by 
 the Senate, making it also the duty of the commissioners, " so 
 far as in their judgment " may be " practically and advanta 
 geously " done, to take those industries and such a diversity 
 of them as may " tend least to conflict with the interest of free 
 industries and trades in the said city and county." Under the 
 established principle of construing the parts of a statute so 
 that they will all stand together, it is probable that this clause 
 would be ineffectual to modify the operation of the rule laid 
 down in the former part of the section. Even the authority 
 to prefer the industries which "tend least to conflict" is 
 limited to cases in which it may be " advantageously " done. 
 Could it be deemed " advantageous " to choose industries 
 which would yield less profit than others ? Nor does this pro 
 vision apply in favor of the industries of Brooklyn or any other 
 part of the State than the city of New York. The chief signi 
 ficance of this clause is its apparent expression of distrust 
 by the Legislature, and of a disposition to qualify the main 
 provision of the section. 
 
 The Second Section of the Bill appears to be intended to 
 enlarge the powers of the commissioners to embark in manu 
 facturing on account of the city corporation, which is itself 
 a questionable experiment in view of the results of all business 
 enterprises heretofore undertaken by the public authorities, 
 and is only to be sanctioned after the greatest consideration 
 and with the most careful guards against the mischiefs which 
 have been engendered in similar cases. 
 
 Other provisions of the Bill are imperfect, uncertain, and 
 improvident. For instance, the clause prohibiting the com 
 missioners from entering into any " contract by which they 
 
312 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 shall in any manner relinquish the control, support, and disci 
 pline of the said paupers and convicts," though probably not 
 intended to have such an effect, may conflict with the 
 humane provisions of the Act of last year " for the better care 
 of pauper and destitute children." 
 
 It is desirable to make the prisons and almshouses of the 
 city of New York contribute as much to their own support as 
 they can, consistently with their objects and with the welfare 
 of all classes of our citizens ; and no doubt the occupation of 
 their inmates in work tends to discipline, to health, and to 
 reformation. The problem is how to attain these salutary 
 ends without injuring the interests or wounding the just self- 
 esteem or the honorable sentiments of the skilled artisans and 
 working-men who are the strength of a State, who have made 
 American labor on the whole more efficient than any other in the 
 processes of production, and who have conferred on our coun 
 try the renown of its achievements. The best solution of this 
 problem is worthy of the most patient and considerate thought 
 and of continuous effort. A constitutional amendment changing 
 the system of administration of the State prisons passed both 
 Houses last year, and is now pending. The State Board of 
 Charities are addressing their best faculties to their beneficent 
 work. A special investigation of the subject of pauperism was 
 recommended in my Annual Message, and is under your con 
 sideration. In the present depressed state of business, when 
 scarcely any industry is remunerative, even with the advantages 
 of being long established, and of having private supervision 
 and management, it is not likely that any new business 
 enterprise or speculation carried on by the public officers 
 would have immediate results in profits to the treasury. 
 
 Nor is it to be overlooked that unexampled distress from the 
 want of remunerative employment now exists among the me 
 chanics and working-men of the city of New York. If Govern 
 ment may maintain an organized system of relief for paupers, 
 it may at least exercise forbearance, in a period of business 
 disaster, toward those who are struggling with difficulties that 
 
1876.] VETO-MESSAGES. 313 
 
 tend to swell the class to which such relief is given. It can 
 abstain, not only from actual injury, but from holding up to 
 their imagination the spectre of a new governmental competi 
 tion ; from rash or experimental changes in the system and laws 
 to which the people are accustomed ; from inconsiderate or 
 imperfect measures, the effects of which cannot be foreseen or 
 completely understood. In the mean time a real and vast re 
 duction of the burden of taxation can be secured in other 
 methods, for the support of which all classes and interest may 
 be expected to co-operate. The reform of the canal expendi 
 tures of itself will save more than a million of dollars a year 
 to the taxpayers of the metropolis. That measure is an exam 
 ple of a liberal policy toward the boatmen and transporters in 
 a reduction of tolls made coincidently with a far larger remis 
 sion of taxes, and a harmonious co-operation of both classes to 
 secure the reform. The policy which I had the honor to rec 
 ommend to the Legislature in my Message at the opening of 
 the present session, if adopted and faithfully carried out, will 
 secure to the taxpayers of the city of New York a remission of 
 taxes in 1876, as compared with 1874, of four millions of dol 
 lars, or about one half of the entire taxes of the city for State 
 purposes. In such prospects of being themselves relieved, and 
 in such necessity of general co-operation, the taxpayers of a 
 community like the city of New York cannot afford to turn 
 only the sacrificial side of public retrenchments to the me 
 chanics and working-men who really bear in indirect forms 
 their full share of the taxes, but who, because they do not pay 
 directly, too often fail to recognize the full benefits to them 
 selves of the policy which reduces such burdens. 
 
 EXECUTIVE CHAMBER, ALBANY, May 1st, 1876. 
 To the Assembly : 
 
 Assembly Bill No. 301, entitled, "An Act making Appropria 
 tions for certain expenses of the Government, and supplying 
 deficiencies in former Appropriations." I object to the following 
 items in this Bill : 
 
314 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 (1) "The sum of $20,259, being the balance remaining in the 
 treasury of the sum of $30,000 appropriated by Chapter 760 of 
 the Laws of 1873 for removing obstructions in the outlet of Cayuga 
 Lake and the channel of Seneca River, is hereby appropriated to 
 pay the Merchants National Bank of Syracuse for the drafts on 
 the Comptroller held by said bank and drawn by the Canal Com 
 missioner for the middle division, in payment for work contem 
 plated and directed by said original appropriation." 
 
 (2) " For the payment of drafts drawn by the Canal Commissioner 
 upon the Comptroller for the balance due on the final account, on 
 file in the office of the Auditor, for work done for removing .ob 
 structions from the outlet of Cayuga Lake and the channel of 
 Seneca Kiver, the sum of $2,386.48, or as much thereof as the 
 Auditor and Comptroller shall ascertain to be due thereon." 
 
 The first of these two items reappropriates, and the second 
 provides for a deficiency in the appropriation to meet the final 
 estimate on a work which has been from the beginning redolent 
 with imprudence and fraud. There are no facts proved which 
 can justify these claims. On examining the affidavit of the 
 engineer verifying the final account, it appears that the state 
 ment that the work is completed is qualified by the insertion 
 of the words " as far as directed." This interlineation totally 
 destroys the effect of the statement. It is obviously in a 
 different handwriting and a different ink from the rest of the 
 affidavit. 
 
 The statute (Chapter 304 of Laws of 1868, p. 631) which 
 authorized the work provided that no contract should be made 
 except for the completion of the work. This provision has been 
 disregarded. It would seem that the proposed appropriation is 
 an attempt to obtain final payment in violation of the law. 
 
 (3) " For the Onondaga Salt Springs, to reimburse the fund appro 
 priated in the Annual Appropriation Bill of 1875 for the current 
 expenses of the works, which had been expended by the Superin 
 tendent in order to bring into use new wells, and for machinery 
 for working the same, the sum of $10,269." 
 
 The general appropriations ought to be ample for every 
 legitimate purpose, especially with the diminishing business 
 of the springs. 
 
1876.] VETO-MESSAGES. 315 
 
 (4) "Together with the sum of $183,890.05 (being the unappro 
 priated remainder of the tax levied for the same 
 object for the fiscal year commencing on the 1st of 
 October, 1875)." 
 
 For the first time within my observation the appropriation for 
 the new capitol is not encumbered by arrears, which largely 
 consume the appropriation before it is made. The 8800,000 
 will provide for considerably more than was done last year, 
 considering the immaturity and uncertainty of the plans for the 
 completion of the work and the delay thus far to ascertain with 
 certainty its cost, which has been enjoined by several statutes. 
 It is quite clear that the sum of 1800,000 should be preferred 
 to the sum of 1983,890.05. The balance is the product of the 
 increased valuation above the sum on which the appropriation 
 of last year was computed. It is now in the treasury, and 
 lawfully applicable to general purposes. It should remain 
 there to provide for appropriations and to lessen taxes. 
 
 It is commendable in the Legislature that it has completed 
 and submitted for the action of the Governor the Genera i O bserva- 
 General Appropriation Bill and the Supply Bill tions - 
 before the close of the session. It has thus preserved the 
 revisory power of the Senate and Assembly, as designed by 
 the Constitution. But this advantage, attained so late in the 
 session, has some incidental inconveniences. 
 
 The period for the examination of the Appropriation Bill 
 expired on the Saturday, and the period for the examination 
 of the Supply Bill will expire on the Monday preceding the 
 Wednesday fixed for the final adjournment of the Legislature. 
 The ten days allowed for the action of the Governor are at a 
 time when every moment is filled by attention to numerous 
 other bills and to the communications from members and others 
 to which these bills give occasion, and when the general busi 
 ness accumulates to its highest pressure. The Appropriation 
 Bill contains 163 specific sums of money and 350 distinct 
 objects to which they are applicable. The Supply Bill contains 
 223 specific sums of money applicable to 425 distinct objects. 
 
316 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 To analyze these bills, to ascertain their relations to the taxes 
 proposed to be levied, to keep the appropriations within the 
 means of the treasury, so that a floating debt will not arise in 
 disobedience to the Constitution, bringing with it embarrass 
 ments to the fiscal operations of the State, and so that the 
 sinking funds will not be invaded, is of itself an important 
 duty. In examining so many items, many of them complex, and 
 many of them requiring much investigation of facts in order 
 to determine their character and expediency, it cannot but be 
 that some of them cannot be made the subject of a fresh inquiry 
 by the Governor adequate to discover and adjudge their real 
 merits, but must stand on the authority of the committees and 
 the Legislature if no ground for rejecting them is apparent. 
 
 I have the satisfaction of thinking that on the whole these 
 bills are less subject to objection than any former ones within 
 my observation; that with the items struck out by me the 
 expenditures will be within the means provided ; that while 
 some appropriations are larger than is desirable, and the Gov 
 ernor lias no power to reduce them, the aggregate result, if the 
 items struck out be omitted, will enable the tax-bills now 
 pending to be conformed substantially to the scheme suggested 
 in my Annual Message, provided the surplus of $475,000 tax 
 for last year, caused by the enlarged valuation, be appropriated 
 to the Bounty Debt, and the deficiency in the Canal Sinking 
 Fund be provided for. Without a new tax, as I understand 
 is intended by the Canal Committee of the Assembly, the items 
 hereinbefore specified are objected to. 
 
 The other portions of the Bill approved, May 1, 1876. 
 
1876.] BILLS NOT APPROVED. 317 
 
 MEMOKAKDA FILED WITH CEKTAIN BILLS IN THE 
 OFFICE OF THE SECKETAKY OF STATE. 
 
 Assembly Bill No. 274, entitled, " An Act to authorize a Tax 
 of three tenths of a mill per dollar of valuation to provide 
 for deficiency in the Sinking Fund under Section 3 of 
 Article VII. of the Constitution." 
 
 Not approved. 
 
 This Bill authorizes a tax of three tenths of one mill to meet 
 the deficiencies in the Canal Sinking Fund in obedience to Sec 
 tion 3 of Article VII. of the Constitution. The valuation, as 
 nearly as can now be ascertained from the reports of the 
 assessors in the Comptroller s office, is $2,390,803,696. The 
 produce of this tax, computed on that valuation, would be 
 $717,241. 
 
 This Bill came into the Executive Chamber on the 27th day 
 of April. It is rendered unnecessary by a subsequent Act, 
 which came into the Executive Chamber on the 4th of May, 
 the day after the adjournment, and which provides for pay 
 ing these deficiencies without a tax. This latter Bill, in 
 accordance with my Special Message of March 24th, 1876, in 
 relation to the canals, provides for the completion or cancella 
 tion of pending contracts for extraordinary repairs and for the 
 application of $1,600,000 of money yet unexpended which had 
 been reclaimed from the folly, waste, and fraud incident to 
 those expenditures. 
 
 It contained two appropriations for real improvements to the 
 Erie Canal. The one was $400,000 for bottoming it out and 
 restoring it to the lawful depth of seven feet ; the other was 
 the subsequent use of $800,000 to go on with like improve 
 ments in the water-way, which would facilitate and quicken the 
 
318 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 transit of the boat by deepening the volume of the water 
 through which it should move on the levels. No doubt a meas 
 ure so practical, so simple and economical would lessen the 
 cost of transportation, and would be of more real service to the 
 navigation than ten millions expended in the usual manner. 
 
 At the very close of the session the Chairman of the Canal 
 Committee of the Assembly, who had supported such improve 
 ments on the Erie Canal as well as on the Champlain, came 
 to me with the information that the latter appropriation of 
 8800,000 for the Erie would fail in the Senate, which had 
 manifested opposition to these measures. The next best use of 
 the rescued moneys seemed to be to pay debts and remit taxes. 
 An amendment was prepared making that change. It was 
 adopted fifteen minutes before the close of the legislative 
 session. I have signed that Bill, and now reject this. 
 
 The taxes for the year 1874 were 7^ mills on a valuation of 
 Taxes for 1S74 $2,169,307,873. They amounted to $15,727,482. 
 
 and 1876. " The taxeg f()r 1876 wju be 3^ millg Qn a yal _ 
 
 uation likely to be, as nearly as can now be ascertained, 
 $2,390,803,696. That would produce $8,268,196. This result 
 approximates to the ideal proposed in my last Annual Message, 
 of reducing the taxes for 1876 to one half those of 1874. It 
 has been worked out, notwithstanding an increase of $276,869 
 in the tax for schools, caused by an increase of valuation ap 
 plied to a system which makes the assessors the real arbiters 
 of the amount of the tax, and which has increased it a million 
 in the last few years. And also, notwithstanding $200,000 
 is included for the commissioners of emigration, which is in 
 effect a loan. 
 
 DEBTS PAID IN 1874 AND 1876. 
 
 In 1874 the appropriations for sinking funds were : 
 
 Bounty Debt Sinking Fund $4,260,000 
 
 Canal Floating Debt Sinking Fund 198,888 
 
 Total in 1874 $4,458,888 
 
1876.] BILLS NOT APPROVED. 319 
 
 In 1876 the appropriations to the Bounty Debt Sinking Fund 
 were : 
 
 Proceeds of one third mill tax . . . $796,934 
 Surplus of tax last year unappropriated 
 
 till now 475,560 
 
 Premium actually realized thus far by 
 
 Mr. Eobinson s conversions . . . 750,207 
 
 - $2,022,701 
 
 The appropriations for the Canal Debt 
 Sinking Fund were : 
 
 From moneys reclaimed from Extraordi 
 nary Kepair Fund for principal . . . $630,325 
 
 For interest 93,032 
 
 723,357 
 
 Total in 1876 $2,746,058 
 
 Less applied to sinking funds in 1876 than in 1874 . 1,712,830 
 
 In round sums, a million and three quarters less has been 
 absorbed into the sinking funds in 1876 than in 1874 ; but of 
 the two millions and three quarters which have been or are to 
 be so absorbed in 1876, two millions come from savings and 
 economies, and the tax for the sinking fund in 1876 is thereby 
 reduced to three quarters of one million. 
 
 Of this two millions of savings, the item of 1475,000, carried 
 over from the taxes of last year and now first 
 appropriated, and the item of $723,000, now res 
 cued from the extraordinary canal wastes, have been explained. 
 The other item, $750,000 of realized premiums, remains to be 
 explained. 
 
 In the Report of Comptroller Hopkins, dated Jan. 4, 1876, 
 it was estimated that the balance of interest to be paid by the 
 Bounty Debt Sinking Fund over that to be received by it would 
 be $893,767 ; but that the premium on the securities held by 
 the sinking fund would amount to $1,200,000, and a surplus 
 over the balance of interest would remain, amounting to 
 $306,233. These premiums were nearly all on long stocks of 
 
320 THE WORKS OF SAMUEL J. TILDE N. [1876. 
 
 the State and United States payable in gold. On the resump 
 tion of specie payments, or the approach of that result, or a 
 general public expectation of it, most of those premiums would 
 vanish. A loss of one quarter of them would extinguish all 
 the surplus beyond the adverse balance of the interest account. 
 Successful financiering in private or public affairs depends 
 largely upon the disposition to seize the opportune moment for 
 converting favorable possibilities into certainties. I ventured 
 in the last Annual Message to suggest the application of the 
 sinking fund to the payment of the debts. 
 
 This suggestion and the more explicit reasons now disclosed 
 would probably have gone for nothing if Mr. Comptroller Rob 
 inson had not come into the charge of the State finances. His 
 own notions of sound finance dictated a policy which he has, as 
 far as has been practicable, executed with rare sagacity, judg 
 ment, and skill. In four months he has bought in 14,625,900 of 
 the Bounty Debt by exchanges and by conversions of assets 
 and purchase of State liabilities. He has realized $750,207 
 of these premiums, being $255,631 in excess of the estimated 
 value of the assets converted, after deducting the premiums 
 on the debts bought in. 
 
 The whole saving in 1876 as compared with 1874, allowing 
 Sources of econo- f r the excess of the appropriation for schools 
 of $276,869, and the loan of $200,000 to the 
 
 commissioners of emigration, is $7,936,155. Of 
 that sum $1,712,830 is in the diminished payments on debts. 
 All the residue, $6,223,325, is in real economies. 
 
 The application of savings from former taxes and from the ex 
 
 penditures for which they were levied in the par- 
 Savings. 
 
 ticulars mentioned, furnishes $1,949,124. The 
 
 diminution of certain canal expenditures furnishes $2,372,680. 
 The taxes for these purposes were, 
 
 In 1874. In 1876. 
 
 Extraordinary repairs ......... 1,898,144 None. 
 
 Awards and outlays in excess of appropriations 474,536 None. 
 
 Saving ............. 2,372,680 
 
1876.] BILLS NOT APPROVED. 321 
 
 General expenses (including capitol and asylums and re 
 formatories, and excluding increase of tax for General ex- 
 schools and advances to emigrant commis- P ense s- 
 sion) : 
 
 1874 $6,087,620 
 
 1876 4,005,887 
 
 Saving $2,081,733 
 
 RECAPITULATION. 
 
 Saving applied $1,949,124 
 
 Canal retrenchments 2,372,680 
 
 General retrenchments 2,081,733 
 
 Total $6,403,537 
 
 It thus appears that nearly 80 per cent of the reduction 
 of eight millions in State taxes was directly produced by these 
 economies. 
 
 Expenses paid out of the revenues and funds of the State, 
 though they do not in the first instance affect other retrench- 
 the taxes, ultimately come to that result when ments> 
 they have to be replaced. They are therefore equally worthy 
 of attention. 
 
 ORDINARY CANAL REPAIRS. 
 
 1874. 1876. Saving. 
 
 Current .... $1,424,510 $1,120,600 $303,910 
 
 Deficiencies . . . 250,000 156,879 93,121 
 
 Total saving $397,031 
 
 REAPPROPRIATIONS. 
 
 These are paid out of cash in the treasury : 
 
 1874 $917,379 
 
 1876 None 
 
 Saving $917,379 
 
 VOL. II. 21 
 
322 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 The reclamations of moneys in the treasury from unexpended 
 
 appropriations for extraordinary repairs amount 
 
 Reclamations. to j lj604>000e A considerable sum in addition 
 
 may be expected. 
 
 EEDUCTIONS IN 1875 AS COMPARED WITH 1874. 
 
 Extraordinary repairs $1,898,144 
 
 Ordinary repairs 415,360 
 
 Awards and outlays in excess of appropriations . 40,674 
 
 Eeappropriations 577,24( 
 
 $2,931,418 
 
 EEDUCTIONS IN 1876 AS COMPARED WITH 1874. 
 
 Extraordinary repairs $1,898,144 
 
 Ordinary repairs 397,031 
 
 Awards and outlays in excess of appropriations . 474,536 
 Eeappropriations 917,379 
 
 $3,687,090 
 
 This is besides the reclamation of money realized to the 
 extent of $1,600,000, and is likely to reach two millions. 
 
 In the mean time no interest of the State has been injured 
 or neglected. The appropriation for the new capitol for the 
 present year of 8800,000 will yield more means to pay for new 
 work than the usual appropriation of $1,000,000 ; for the fresh 
 construction will start without any of the arrears which have 
 heretofore encumbered its progress. The appropriation of 
 nearly $500,000 for continuing the construction of asylums and 
 reformatories is made more effective by being carefully applied 
 to the completion of specific portions to be brought into use. 
 
 The people may have the satisfaction of feeling that while 
 half of their State taxes are remitted, 18,000,000 out of 
 $16,000,000, it is accomplished without improvidence of the 
 future or temporary retrenchment which cannot be maintained, 
 and that the appropriations have been kept clearly within 
 the means provided by the taxes levied, so that no temporary 
 floating debt will .be created or invasion of the sinking funds 
 
1876.] BILLS NOT APPROVED. 323 
 
 made, as has often and to a large extent happened hitherto, in 
 disobedience to the express commands of the Constitution, and 
 in violation of the whole scheme and policy of that instrument 
 in respect to the State finances. 
 
 Assembly Bill No. 493, entitled, " An Act to provide for the com 
 pletion or cancellation of all pending contracts for new work 
 upon and extraordinary repairs of the Canals ; and making 
 an Appropriation to pay the expenses of such necessary ex 
 traordinary repairs as may be approved of and directed by 
 the Canal Board." 
 
 MEMORANDUM. I object to items contained in Section 4 of 
 this Bill, which are as follows : 
 
 "For the construction of a lift-bridge over the Erie Canal at 
 Main Street, in the village of Brockport, the sum. of forty-five 
 hundred dollars, or so much thereof as may be necessary, provided 
 that the present bridge be taken down and removed to Palmyra 
 and erected over the .Erie Canal between Kent and Earl streets." 
 
 " For the construction of a lift-bridge over the Erie Canal 
 at Brighton, Monroe County, to replace the iron bridge now exr 
 isting there, the sum of forty-five hundred dollars, or so much 
 thereof as may be necessary/ " 
 
 " For the construction of a swing, hoist, or turn-table bridge 
 over the Oswego Canal in the city of Syracuse, on Salina Street, 
 at its intersection with Bridge Street, in place of the present bridge, 
 and in accordance with the provisions of Chapter 382 of the Laws 
 of 1874, the sum of fourteen thousand dollars, or so much thereof 
 as may be necessary." 
 
 "For the construction of a lift-bridge over the Erie Canal at 
 Genesee Street, in West Troy, to replace the iron bridge now 
 existing, the sum of forty-five hundred dollars, or so much thereof 
 as may be necessary." 
 
 "For building a lift-bridge over the Erie Canal at Exchange 
 Street, in the city of Lockport, in the county of Niagara, the sum 
 of five thousand dollars, or so much thereof as may be necessary." 
 
 "For reconstruction of an iron bridge over the Erie Canal 
 between Earl and Kent streets, in the village of Palmyra, the 
 sum of eight hundred dollars, or so much thereof as may be 
 necessary." 
 
324 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 As to these items, the State Engineer reports to me as 
 follows : 
 
 " Lift, hoist, or swing bridges. 
 
 " 1. Their first cost and cost of repairs are much greater than 
 for ordinary bridges. 
 
 " 2. Navigation is liable to interruption from want of prompt 
 ness in their management. 
 
 " 3. They are special, local improvements, not necessary to 
 secure good navigation, which the localities specially benefited 
 should pay for and maintain, if built at all." 
 
 Mr. Cole, chairman of the Canal Committee of the Senate, 
 called my attention to the fact that in some of these cases no 
 law has been passed authorizing the construction for which the 
 appropriations are made, and stated to me that he had assented 
 to the Bill for the valuable provisions it contains, assuming that 
 these items would not receive the Executive sanction. In the 
 Memorandum on the Appropriation Bill for 1875 for extra 
 ordinary repairs the following observations were made : 
 
 " If changes in the structure of bridges are to be made, they 
 should be done upon a systematic plan, duly considered by the 
 Canal Board, with the approval of the State engineer, and an ex 
 amination of the particular case should be had to decide whether 
 the proposed change is clearly necessary for public purposes. 
 
 "The tendency to change the innumerable bridges over the 
 canal, at the instance of private persons and local influences, to 
 conform to a prevailing fashion, the contagion of which passes 
 from one bridge to another in the absence of any resisting 
 power in behalf of the State, which finally pays the cost of the 
 change is a serious and growing evil. The applications for 
 swing-bridges tearing down the existing bridges are becom 
 ing frequent. They are demanded by some individual, corporate, 
 or local advantage, real or imaginary. They are usually in places 
 which have been already largely benefited by the construction 
 of the canal. They impose on the State a large extra cost, and 
 charge it with an annual expense for operating each one equal to 
 the interest on about twenty-five thousand dollars. There are 
 1,318 bridges over the canals, and the erection and operation on 
 this plan of one sixth of this number would probably cost the 
 State as much as the original outlay for the Erie Canal. The 
 fashion is full of danger." 
 
1876.] BILLS NOT APPROVED. 325 
 
 I object also to the following items contained in Section 4 
 of this Bill : 
 
 " For rebuilding the bridge over the Erie Canal on Main Street, 
 in the village of Fultonville, the sum of three thousand dollars, 
 or so much thereof as may be necessary. 7 
 
 "For rebuilding bridges over the State ditch on Main and 
 Delaware streets, in the village of Tonawanda, and for building 
 a bridge over said ditch on Fletcher Street, the sum of two thou 
 sand dollars, or so much thereof as may be necessary." 
 
 " For building a farm bridge over the Champlain Canal, on the 
 farm of Jerry Brown, in the town of Whitehall, the sum of six 
 hundred dollars, or so much thereof as may be necessary." 
 
 " For the completion of the bridge over the Glens Falls feeder, 
 east of and near Green & Richard s steam-mill, the sum of eight 
 hundred dollars, or so much thereof as may be necessary." 
 
 " For the construction of three bridges over the State ditch in 
 the village of Tonawanda, in Niagara County, at Marion Street, 
 Oliver Street, and Van Vort Street, the sum of two thousand 
 dollars, or so much thereof as may be necessary." 
 
 " For the construction of a foot-bridge over the Erie Canal 
 at Mud Lock, at the junction of the Cayuga and Seneca Canal, 
 the sum of five hundred dollars, or so much thereof as may be 
 necessary." 
 
 "For the construction of an iron bridge over the Erie Canal 
 at the south end of Prospect Street in the city of Lockport, the 
 sum of three thousand dollars, or so much thereof as may be 
 necessary." 
 
 "For repairing and reconstructing the docking on the Main 
 and Hamburg Canal, in. front of Hubbell Brothers foundry in 
 the city of Buffalo, the sum of two thousand dollars, or so much 
 thereof as may be necessary." 
 
 "For the construction of approaches to the bridge over the Erie 
 Canal at Averill Street in the city of Eochester, twenty-five hun 
 dred dollars, or so much thereof as may be necessary." 
 
 " For continuing the work on the breakwater in the harbor of 
 Buffalo known as the Bird Island pier, including the amount 
 already owing and to be paid by the State, the sum of thirty 
 thousand dollars." 
 
 If these items or any of them shall be found proper and ne 
 cessary, ample provision is made for them in Section 3 of this 
 Act. It will be within the authority of the Canal Board, tinder 
 
326 THE WORKS OF SAMUEL J. T1LDEN. [1876. 
 
 that section and other provisions of law, to do this work if, in 
 their judgment, the interests of the State or its obligations 
 toward individuals or localities should so require; and ade 
 quate appropriations exist to carry out their decisions. 
 I object also to an item in Section 4, which is as follows : 
 
 " For the payment of interest to E. H. French or his assigns on 
 an amount as adjusted by the Canal Board under Chapter 879 of 
 the Laws of 1871, and also under Chapter 850 of the Laws of 1872, 
 the sum of $1,748.22." 
 
 This appears to be an appropriation for a gratuitous payment 
 of interest on a sum which was a mere extra allowance to the 
 contractor, and which purported to be in itself a final adjust 
 ment. By the first Act the Canal Board was authorized to 
 award to E. H. French such sum as they may find him entitled 
 to, " if said Board shall find that said work was not embraced 
 in the special notice of letting under which he entered into a 
 contract with the State, nor contemplated at the time of the 
 letting." On Dec. 9, 1871, the Canal Board, having made an 
 examination of the matter pursuant to the said Act, found that 
 the work for which French claimed an award " was contem 
 plated at the time of the letting." A resolution to that effect 
 was passed, but rescinded the same day, and the matter laid 
 upon the table. On Dec. 28, 1871, the Canal Board resolved 
 that French had " made expenditures greater than his contract 
 price by the sum of fifteen thousand dollars, but that under 
 said Act no allowance can be made," thus affirming the first 
 resolution adopted so far as it found that the work was con 
 templated in the letting. Chapter 850, Laws of 1872, made an 
 appropriation of fifteen thousand dollars " For payment of Ed 
 ward H. French the amount as adjusted by the Canal Board 
 for work on Section Five, Erie Canal, greater than his contract 
 price." As under the first Act no allowance could be made, it 
 would appear that French should not have been paid the fif 
 teen thousand dollars under the second or Appropriation Act. 
 Whether this was erroneously or wrongfully or gratuitously 
 
1876.] BILLS NOT APPROVED. 327 
 
 paid him, he can have no claim to interest. These items 
 amount to $96,448.22. 
 
 The object of this Bill was to stop the wastes and frauds of 
 the system of extraordinary repairs as it has General observa- 
 hitherto been practised, to enable the Canal tlons 
 Board to terminate all the existing contracts except the few 
 which in their judgment might be necessary to the beneficial 
 use of the canals, and to apply the $1,600,000 of money which 
 the measures of last year had reclaimed into the treasury, and 
 the further sums which should be recovered, to real and sub 
 stantial improvement of the main trunk water-ways. It was 
 believed that by restoring the Erie Canal to its lawful depth of 
 seven feet, and gradually increasing the volume of the water on 
 the levels, the speed of the boats could be increased and the 
 use of steam motive power facilitated. It was not intended to 
 increase the draft of the boat, but merely to give it an easier 
 traction and a swifter motion by lessening the retarding influ 
 ence of the water confined in a channel having fixed physical 
 boundaries. It is not doubted that a reduction in the cost of 
 transportation could have been thereby effected more important 
 than was attained by the recent reduction of tolls. The plan 
 was sanctioned by the best engineering and scientific abilities 
 and skill, and by ample practical experience. 
 
 But the interests which fatten on the abuses of the system of 
 " extraordinary repairs " were vigilant in devising imaginary 
 objections and in stimulating opposition. In the closing days 
 of the session Mr. Burleigh, chairman of the Canal Committee 
 of the Assembly, communicated to me the opinion that while 
 the three hundred thousand dollars appropriated for the im 
 provement of the Champlain Canal and the four hundred 
 thousand dollars appropriated to bottoming out the Erie Canal 
 could be maintained, the further appropriation of eight hun 
 dred thousand dollars for deepening the water-way of the Erie 
 Canal was hopeless of passing the Senate. On consultation 
 with him, as it was unwise to have that surplus remain idle 
 in the treasury exposed to the risk of being frittered away 
 
328 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 in jobs without any real utility, it was thought best to apply it 
 to paying the deficiency in the Canal Sinking Fund, thereby 
 enabling so much of the taxes to be remitted. That was 
 accordingly done. 
 
 The items heretofore specified are objected to; the other 
 portions of this Bill are 
 
 Approved, May 25, 1876. 
 
 Assembly Bill No. 102, entitled, " An Act to provide for the crea 
 tion of a Board of Charities and for a better administration 
 of the public charities in the County of Kings" 
 
 Not approved. 
 
 This Bill creates a novel and eccentric appointing power, in 
 which it vests the authority to appoint a commission of twelve 
 persons who shall be governors of the charities of Kings County. 
 The county judge and the sheriff of the county are to meet at 
 the sheriff s office and to agree on twelve persons who are to 
 constitute such commission ; and if they do not agree within ten 
 days, the county judge is to appoint six, and the sheriff is to 
 appoint six of the governors ; and if either fails for twenty 
 days to appoint his share, the governors appointed are to fill 
 the vacancies. 
 
 These provisions in effect divide the appointments between 
 the judge and the sheriff. These officers have no motive to 
 make any sacrifice of preference for the purpose of effecting an 
 agreement. The only consequence of not agreeing is that each 
 of these officers will have the absolute power to appoint one 
 half the governors. In practice, six governors will be named 
 by the county judge, and six will be named by the sheriff. 
 
 The practice which has grown up in administrative boards 
 of dividing public trusts among the individual 
 
 Legalizes an abuse. 
 
 members, as if there were a private property in 
 the patronage involved in them, is itself an abuse of power and 
 a breach of duty. This Bill commands such a distribution 
 between two public officers for the purpose of effecting such 
 
1876.] BILLS NOT APPROVED. 329 
 
 distribution between two political parties. It assumes that the 
 main consideration is that the spoils of office should be fairly 
 divided, and ignores the rights and interests of the public 
 in the administration of official trusts. 
 
 The Constitution (Article X., Section 2) declares that all 
 officers of the description of these governors shall Evasi?n of the 
 be elected by the people or appointed by such Constitution. 
 local authority as the Legislature may direct. The intent of 
 the Constitution undoubtedly is that such officers shall not be 
 in effect appointed by the Legislature through a circuitous 
 device, but that they shall either be chosen by the people of 
 the locality, or appointed by some natural and appropriate organ 
 of the people of the locality. 
 
 It cannot be supposed that the people voted for the county 
 
 judge or the sheriff in contemplation of the ap- Novel and eccen 
 tric appointing 
 
 pointment by those officers of persons to govern power. 
 the charities of the great County of Kings. The authority 
 created by this Bill is conferred on them after they were in 
 office. There is nothing in the nature or functions of their 
 offices to suggest the propriety of such a device. 
 
 There is no example in our laws of an act conferring the 
 appointing power of a county officer on a sher- 
 
 Unfitness of sheriff. 
 
 iff ; still less of an act conferring on a sheriff an 
 
 appointing power which is exercised over half a million of 
 
 people, comprising the second city of the State. 
 
 The present Bill embraces all kinds and degrees of unfitness. 
 It is wholly novel. It was totally unexpected to the people 
 when they elected the sheriff to his office. That office is lucra 
 tive ; it is the sport of partisan contests. Its duties are of a 
 nature which do not lead to the selection of persons having the 
 elevation of character which the people usually require in high 
 judicial or high administrative functionaries. It could not 
 ordinarily be anticipated that a very good selection of gover 
 nors of charities would emanate from such an appointing 
 power. The present case is attended with incidents still more 
 discouraging and repulsive. I am informed by Judge John A. 
 
330 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 Lott, who was the chairman of a committee of citizens to whom 
 the consideration of this matter was intrusted, that it was 
 unanimously agreed to vest the appointing power in the county 
 judge alone, and that the sheriff was afterward interpolated. 
 Without meaning to express any opinion on the measure as it 
 originally stood in its general character, or to sanction the 
 policy investing judicial officers with administrative or political 
 functions tending to demoralize the judicial office, the change, 
 and the circumstances under which that change was made, 
 increases the distrust of the expectation that practical good 
 will flow from the violation of sound principles which the Bill 
 involves. 
 
 Nearly all the evils of misgovernment in the city of New 
 Experience of York during the last twenty-five years have been 
 such legislation. in flj cted by j ust suc h legislation as is proposed 
 
 by this Bill. Abuses or wrongs of local administration some 
 times spring from defects of the governmental system, and 
 sometimes from the frailties of human society. Existing evils 
 naturally absorb public attention. Sometimes they are the 
 motive to change, and sometimes the pretext for change. 
 
 The new expedient, even if intended in good faith as a re 
 form, may be prolific of still greater evils than those which call 
 for a remedy. But the mischiefs which always result from the 
 violation of established principles of responsible government 
 as it has grown up in centuries of experience, from a depart 
 ure from the settled methods by which official accountability 
 is created and made effective, are not usually foreseen by 
 the unthinking contrivers of novel devices for instant change 
 induced by impatience of present evils. 
 
 A still greater danger results from the fact that the occasions 
 of such change are the opportunities for the worst designs of 
 selfish cliques, factions, and partisans, and their schemes of 
 ambition or plunder. As early as 1857 was instituted the non- 
 partisan Board of Supervisors of the County of New York. It 
 was a monstrosity in governmental science and governmental 
 experience. It was practically irresponsible; it every year 
 
1876.] BILLS NOT APPROVED. 331 
 
 absorbed new powers ; until at last were generated the frauds 
 and crimes which have become notorious in our public history. 
 
 The promoters of the dishonest trick of agreeing in the 
 Legislature or the lobbies on a change in city officers and city 
 patronage, and then creating a new appointing power to carry 
 out the bargain, by conferring the authority on some existing 
 official who had stipulated to make the desired removals and 
 appointments, rapidly grew in audacity and in corrupt meth 
 ods and corrupt means. In 1870, when a Bill was about 
 to be passed, earlier than the Tweed Charter, it has been 
 credibly stated that the officer to nominate and the officers 
 to confirm were each sworn, in private, to select the desig 
 nated persons. 
 
 When the Tweed Charter was pending, on the 4th of 
 April, 1870, I addressed the Senate committee, pointing out 
 the fact that the Bill had all its significance in a few clauses 
 which terminated all existing offices, gave to the mayor then 
 in office the power to make the new appointments, and de 
 stroyed all the accountability of these new officers by removal 
 or by any supervising control by the people or their known 
 organs. That speech contained the following passage : 
 
 " I am not afraid of the stormy sea of popular liberty. I still 
 trust the people. We no doubt have fallen upon evil times ; we 
 no doubt have had many occasions for distrust and alarm : but I 
 still believe that in the activity generated by the effectual partici 
 pation of the people in the administration of the government you 
 would have more purity and more safety than under the system 
 to which we have been accustomed. It is in the stagnation of 
 bureaus and commissions that evils and abuses are generated. 
 The storms that disturb the atmosphere, clear and purify it. It 
 will be so in politics and municipal administration if we will only 
 trust the people." 
 
 The immediate reply was made by the counsel of the Citi 
 zens Association. The Bill was advocated as a reform meas 
 ure, framed on non-partisan ideas. It was supported by two 
 hundred eminent citizens. It was passed almost unanimously. 
 Mr. Tweed was hailed in a leading Republican journal as a 
 
332 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 reformer. It was avowed that the city offices were to be 
 divided between the two political parties, and it was scarcely 
 concealed that money had been used to obtain votes for the 
 Bill. One month and a day later on the 5th of May, 1870 
 occurred the flagitious transaction known as the " special 
 audit," in which $6,312,500 of the proceeds of new bonds were 
 divided up, for not 10 per cent of which was there any pretence 
 of an equivalent. 
 
 This transaction, and other similar ones which followed, were 
 not the fruits of popular election or popular government ; they 
 were the direct results of immunity from discussion in the 
 newspapers and immunity from the voting power of the 
 people. No official would have dared to commit crimes which 
 required continuous secrecy if he had not been in office under 
 a law that sheltered him from removal and from accountability, 
 a law which could not be changed until a future session of 
 the Legislature, and then could not be changed except with the 
 concurrence of all the three branches of the legislative power. 
 All the established maxims of responsible government had to 
 be violated to make possible such enormous public wrongs. 
 These wrongs were the natural outgrowth of the system, and 
 its corrupt objects and its corrupt means by which it was 
 brought into existence. 
 
 This is but one of many illustrations. The worst results 
 which sometimes come from elective systems of government 
 are small evils compared with those that flow from government 
 under secret bargains and corrupt arrangements made in the 
 lobbies at Albany. 
 
 These are no new opinions. They have matured during 
 My previous dec- twenty-five years of observation of municipal gov- 
 
 larations on this 
 
 subject. ernment in this State. They accord with the 
 
 best deductions and best experience concerning human govern 
 ment in civilized countries. 
 
 Annual Message The following observations are contained in 
 of 1875. mv ft rs t- Annual Message, sent to the Legislature 
 
 in January, 1875 : 
 
1876.] BILLS NOT APPROVED. 
 
 "All the invasions of the rights of the people of the city of 
 New York to choose their own rulers and to manage their own 
 affairs which have been a practical denial of self-government 
 for the last twenty years have been ventured upon in the name 
 of reform, under a public opinion created by abuses and wrongs 
 of local administration that found no redress. When the injured 
 taxpayer could discover no mode of removing a delinquent official, 
 and no way of holding him to account in the courts, he assented 
 to an appeal to the legislative power at Albany ; and an Act was 
 passed whereby one functionary was expelled, and by some device 
 the substitute selected was put in office. Differing in politics as 
 the city and State did, and with all the temptations to individual 
 selfishness and ambition to grasp patronage and power, the great 
 municipal trusts soon came to be the traffic of the lobbies. A new 
 disposition of the great municipal trusts has been generally worked 
 out by new legislation. The arrangements were made in secret. 
 Public opinion had no opportunity to act in discussion, and no 
 power to influence results. Inferior offices, contracts, and some 
 times money, were means of a competition from which those who 
 could not use these weapons were excluded. Whatever defects 
 may sometimes have been visible in a system of local self-govern 
 ment under elections by the people, they are infinitely less than 
 the evils of such a system, which insures bad government of the 
 city and tends to corrupt the legislative bodies of the State. A 
 popular election invokes publicity, discussion by the contending 
 parties, opportunity for new party combinations, and all the 
 methods in which public opinion works out results." 
 
 In my Special Message of May 11, 1875, recommending a 
 commission to consider the problem of municipal special Message 
 
 . , on municipal gov- 
 
 government, the same principles are asserted. emment. 
 
 "The abuses and wrongs of the local administration which 
 found no redress generated a public opinion under interference with 
 which appeal was made, in the name of reform, local government, 
 for relief to the legislative power at Albany ; and it was found 
 that an Act could be easily contrived whereby one official could be 
 expelled from office and by some device a substitute put in his 
 place. It was found, likewise, that the powers of an office could 
 be withdrawn and vested in a different officer or in a commission, 
 the selection of which could be dictated from the State capitol. 
 
 "It is the experience of human government that abuses of 
 power follow power wherever it goes. What was at first done, 
 
334 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 apparently at least, to protect the rights of the minority or of 
 individuals, what was at first done for the sake of good govern 
 ment, came in a little time to be done for the purposes of inter 
 ested individuals or cliques. . . .. 
 
 " These were the fruits, not of a popular election, not of local 
 self-government, but of the culmination of a system under which 
 the governing officials had been practically appointed by legislative 
 acts of the State. The device of creating a special appointing 
 power to do what was desired by a clique or party, or was agreed 
 upon beforehand, was not perfectly new. It had been frequently 
 used in a smaller way. 
 
 "The contagion of such practices threatens to extend to other 
 cities. If public opinion and the state of the Constitution and 
 laws allow it, the temptation to transfer the contest for offices 
 from the local elections to the legislative halls will arise as often 
 as aspirants are defeated and can expect to recover there what they 
 have lost at home. There is no remedy except in the refusal to give 
 to such devices the sanction of law, until constitutional provision 
 shall give permanency to the methods of appointment and removal 
 in municipal governments." 
 
 The commission appointed to consider the subject of muni- 
 Commission on cipal government had their period of service 
 
 municipal govern- . ., 
 
 ment. extended at the late session with a view of pre 
 
 paring amendments to the Constitution. No doubt the most 
 important provision will be one regulating the appointing power 
 in cities, and prohibiting the incessant interference of the 
 Legislature, creating new dispositions of the local offices, which 
 have been so prolific of abuses, wrongs, and frauds. Under 
 such provisions the present Bill would become impossible. 
 It happened last year that Mayor Hunter and the Common 
 Council of Brooklyn disagreed about important 
 
 Precedents. * -r-n -i j_ -1.1 
 
 appointments. A Bill was passed to remove the 
 deadlock, if it should continue for thirty days, by creating a 
 new power of nomination, consisting of three officers of the 
 city government, of which the mayor was one, but was liable 
 to be in a minority. I deemed it my duty to refuse my sanc 
 tion to that Bill. At the same session, as at the present, the 
 incessant local conflicts within the city of New York were 
 prolific of similar expedients, alternately attempted by opposite 
 
1876.] BILLS NOT APPROVED. 335 
 
 parties and by rival factions. None of them received any 
 countenance or favor from me. 
 
 Without entering on the inquiry whether a clear or com 
 manding public benefit or necessity might create 
 
 ... * . Conclusion. 
 
 an exception to the application of these princi 
 ples, it is enough to say that no such question is raised by this 
 Bill. Two of the five commissioners of the present Board of 
 Charities are to be elected by the people of Kings County in 
 less than six months. I see no reason to doubt that their 
 choice will be as likely to be good as the arbitrary selection or 
 private agreements of the sheriff as to six of the twelve pro 
 posed new governors. At any rate, the public will have some 
 chance to know about them ; they will be submitted to the 
 test of an open and public discussion. 
 
 If an appointive method be preferred to an elective method, 
 organs of the popular will more fit than the sheriff, or even the 
 county judge, can be found by separating the charity system of 
 the city of Brooklyn from that of the County of Kings. A better 
 machinery than the twelve governors of the charities of Kings 
 County can be devised. The experience of the ten governors 
 of the charities of the city of New York was disastrous, and 
 they were abolished with universal applause. The appoint 
 ments by the county judge and sheriff, if the proposed Bill 
 should become a law, are for one, two, three, and four years ; 
 and no change could be made without the concurrence of all 
 three branches of the legislative power. The remedy for error 
 or wrong in the selection would be much more difficult than at 
 present ; and if the new expedient should fail of realizing any 
 improvement on the present system, it would greatly delay the 
 possibility of effecting any improvement. Of all the gentlemen 
 who have favored the Bill with whom I have had interviews, 
 none have approved such a method of appointment as a perma 
 nent system, nor have any professed to regard the sheriff as 
 a fit or safe depositary of such a power, or offered any sort of 
 justification for a scheme hitherto totally unknown in the laws 
 or polity of this State. 
 
336 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 Assembly Bill No. 275, entitled, " An Act to reappropriate 
 moneys for the payment of awards made by the Canal 
 Appraisers, and expenses attending the same, and the pay 
 ment of awards by the Canal Board." 
 
 I object to the following item of this Bill : 
 
 "The unexpended balance of $1,011,138.42 appropriated by 
 Act, Chapter 768 of the Laws of 1870, entitled, An Act to author 
 ize a tax of seven eighths of a mill per dollar of valuation for the 
 payment of the awards of the Canal Appraisers, and for supplying 
 deficiencies in appropriations of 1868 and 1869, passed May 9, 
 1870, and reappropriated by Acts, Chapter 509 of the Laws of 
 1872, and Chapter 392 of the Laws of 1874, being the sum of 
 $89,881, or so much thereof as shall remain unexpended on the 
 9th day of May, 1876, is hereby reappropriated to pay the awards 
 made by the Canal Appraisers in the years 1868 and 1869, and the 
 interest thereon, or the amounts which may be awarded in lieu 
 thereof, on appeals from the original awards by the Canal Board 
 or by the Canal Appraisers on any rehearing of such cases." 
 
 This item provides the money to pay several awards made by 
 the Canal Appraisers in 1868 and 1869, at least one of which, 
 and that one being for a large portion of the sum reappro 
 priated, is now known to be fraudulent. In some of the other 
 cases appeals have been taken from the awards, and are still 
 pending. 
 
 As this item is drawn, I cannot strike out one of these 
 claims without disapproving of the whole item. I think it 
 better, therefore, to object to the whole appropriation, leaving 
 it to a subsequent Legislature to provide for the payment of 
 the honest claims, especially as most of those claims are in 
 litigation, and will not be finally adjusted during the present 
 year. The remainder of the Bill is 
 
 Approved June 2, 1876. 
 
r* v m 
 
 UK; 
 1876.] BILLS NOT APPROVES. 337 
 
 Senate Bill No. 94, entitled, " J-ft ^ amend Section 1 of Chap 
 ter 633 of the Laws of 1866, entitled, An Act in relation to 
 the Benevolent Fund of the late Volunteer Fire Department 
 in the City of New York, passed April 17, 1866, as amended 
 by Chapter 962 of the Laws of 1867, and as further amended 
 ly Chapter 297 of the Laws of 1870. " 
 
 Not approved. 
 
 By the existing law the tax on the receipts of foreign insur 
 ance companies doing business in the city of New York is to be 
 paid over to the firemen s relief funds during a period ending 
 April 17, 1877. This Bill amends the existing law so that the 
 tax shall be so paid for ten years from that date. It is so care 
 lessly drawn that the existing law would be superseded if it 
 were signed, and there would be no provisions by which the tax 
 for the present year, ending April 17, 1877, could be paid. If 
 it be not signed, the tax can be paid until then, and the next 
 Legislature can make provision for its payment after that date 
 if it be proper and expedient to prolong the allowance. Mean 
 while the present Fire Commissioners send me their unanimous 
 protest against the expediency and necessity of the measure. 
 A Bill which gives rise to these objections should be remitted 
 to future legislation. 
 
 Assembly Bill No. 201, entitled, " An Act in relation to District 
 Courts in the City of New York" 
 
 Not approved. 
 
 This Bill would effect a considerable reduction in the cost of 
 the New York city district courts. But the justices who were 
 chosen at the last general election, though by different parties, 
 have united in a representation to me that it would materially 
 interfere with the efficiency of the courts. It is not necessary 
 for me to examine as to that, as there is a fatal constitutional 
 objection to the Bill. Upon taking office the justices displaced 
 
 VOL. ii. 22 
 
338 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 fifteen of the clerks and assistant-clerks. Their power to do so 
 was contested ; and on the 4th of January last the Attorney- 
 General began an action to oust one of the new clerks, that 
 the matter might be judicially determined. The case has 
 been argued, and is now awaiting the decision of the General 
 Term. This Bill undertakes to legislate the new clerks into 
 office. If they are not now legally in office, such legislation is 
 an appointment. The Court of Appeals held, in the case of 
 The People against Batchelor (22 N. Y. Reports, p. 128), that 
 such an appointment is beyond the power of the Legislature. 
 That case was decided upon another point ; but the majority 
 opinion by Judge Selden and the dissenting opinion by Judge 
 Denio concur in holding that these clerks are city officers, 
 and the Legislature cannot appoint them. The Court was 
 unanimous upon that point, and its decision must now control 
 my action. 
 
 Senate Bill No. 249, entitled, " An Act relating to the Local Gov 
 ernment of the City of New York" 
 
 Not approved. 
 
 This Bill contains many useful and valuable provisions. It 
 also contains some provisions which are experimental, and too 
 absolute and rigid for the practical working of administration, 
 and which are likely to introduce confusion when instantly 
 imposed on a complicated existing system without time for 
 adaptation or assimilation. 
 
 The Bill, on the eve of its passage, was subjected to interpo 
 lations which ought not to be acquiesced in. One of them is 
 the clause which attempts to impose on the city a burden of 
 probably a million and a quarter of dollars in respect to former 
 assessments. This provision is not akin to the object of the 
 Bill as expressed in its title. If deemed to be unconstitutional 
 and void, while it would be of no use to the parties who have 
 secured its insertion, it still remains an insurmountable obstacle 
 to Executive sanction. It was added without consideration by 
 
1876.] BILLS NOT APPROVED. 339 
 
 the Legislature, and for the purpose of compelling acquiescence 
 or the destruction of the whole Bill. This and other objection 
 able clauses are instances of legislative log-rolling which are bad 
 in principle, of evil example, and which ought not to be allowed 
 to succeed. The policy of the Constitution requires that such 
 provisions should be separate measures, and should be submit 
 ted to the independent judgment of the law-making branches 
 of the Government. If there be an equity in favor of the 
 parties to be benefited, relief should be sought on its own 
 merits. Another provision threatens to impair the defences of 
 the city against fraudulent, irregular, or illegal contracts. 
 
 On the whole, while regretting to lose the useful parts of the 
 Bill, I am unwilling, for the sake of the temporary advantages 
 of them before the subject can be again acted upon, to impose 
 its exactions or to incur the risks of confusion in the actual 
 conduct of the public business of the metropolis. 
 
 Assembly Bill not printed, entitled, " An Act to legalize the Pro 
 ceedings of the annual Town Meeting of the Town of Ontario, 
 Wayne County, held March 7, 1876." 
 
 Not approved. 
 
 This Bill provides that, notwithstanding certain irregularities 
 said to have occurred at the town meeting held in the town of 
 Ontario in 1876 in respect to the keeping of the poll list and 
 the canvassing of the votes, " the result as declared by the 
 Town Board shall be, and is hereby held to be, legal." 
 
 If the Bill only provided that the election of town officers for 
 that town should not be invalidated by reason of any informal 
 ity in the keeping of the poll list or the canvassing of the votes, 
 I should have no hesitation in signing it, although I might 
 think it unnecessary, as the courts would probably hold that 
 the statutory provisions regulating the manner of conducting 
 town elections are directory, and not mandatory. But the Bill 
 seems to declare that the ticket which the Town Board decided 
 to have been elected was in fact elected. This is clearly beyond 
 
340 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 the province of the Legislature. If the officers declared by the 
 Board to have been elected in fact received a plurality of the 
 legal votes cast, they are the duly chosen officers of the town ; 
 if they did not receive such a plurality, the Legislature cannot 
 place them or confirm them in office. 
 
 Senate Bill No. 96, entitled, "An Act in relation to the Repair of 
 certain Streets in the City of Albany" 
 
 Not approved. 
 
 This Bill is identical with Assembly Bill No. 229, which 
 passed both Houses of the Legislature and was approved by the 
 Governor April 22, 1876. It is unnecessary to re-enact it. 
 
 Assembly Bill No. 545, entitled, " An Act to authorize the appoint 
 ment of an additional Policeman in the City of Schenectady 
 for the protection of the property of Union College." 
 
 Not approved. 
 
 This Bill authorizes the trustees of Union College to appoint 
 a policeman for the city of Schenectady. The Constitution 
 (Article X., Section 2) prescribes that "all city, town, and 
 village officers whose election or appointment is not provided 
 for by this Constitution shall be elected by the electors of such 
 cities, towns, and villages, or of some division thereof, or ap 
 pointed by such authorities thereof, as the Legislature shall 
 designate for that purpose." 
 
 Assembly Bill No. 184, entitled, " An Act to provide for the elec 
 tion of a Police Justice in the Town of Watervliet, in the 
 County of Albany" 
 
 Not approved. 
 
 The Fourteenth, Fifteenth, Sixteenth, and Seventeenth Sec 
 tions of this Bill contain provisions relating to the sheriff, 
 deputy-sheriffs, constables, justices of the peace, and police 
 commissioners which are not indicated in the title of the Bill ; 
 and as the Bill is local, these provisions are within the inhibi 
 tion of Section 16 of Article III. of the Constitution. 
 
1876.] BILLS NOT APPROVED. 341 
 
 Assembly Bill No. 492, entitled, " An Act to establish a Board 
 of Grovernors of the House of Industry of the County of Rens- 
 selaer, and to provide for the care of the Poor and Insane in 
 said County" 
 
 Not approved. 
 
 This Bill appoints, by name, twenty-nine persons governors 
 of the House of Industry of Rensselaer County who in fact 
 supersede and are invested with the powers of the superinten 
 dents of the poor of that county. There can be no doubt that 
 these are county officers. Under the Constitution all county 
 officers must be elected by the electors of the county, or ap 
 pointed by the Board of Supervisors or other county authorities, 
 as the Legislature shall direct. The Board of Supervisors, by 
 resolution, protest against the approval of this Bill. 
 
 Assembly Bill No. 402, entitled, " An Act providing for the 
 assessment of real estate in the Town of Vienna, County of 
 Oneidar 
 
 Not approved. 
 
 The object of this Bill seems to be to provide that where a 
 farm is situated partly within and partly without the town of 
 Vienna, and the owner or occupant resides without the town, 
 that portion of the farm lying within the town shall be assessed 
 therein. If this rule is a proper one to be adopted for that 
 town, there is no reason why it should not be made applicable 
 to the other towns in the State. 
 
 Assembly Bill No. 362, entitled, " An Act to amend Section 2 of 
 Chapter 890 of the Laws of 1868, entitled, i An Act to author 
 ize Lewis Runyon to establish a Ferry across Seneca Lake 
 at Lodi Landing? " 
 
 Not approved. 
 
 By the Act of 1868 Lewis Runyon was authorized to estab 
 lish a ferry across Seneca Lake at Lodi Landing by the 1st 
 day of September, 1869, and upon the establishment first of 
 
342 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 such ferry all persons were prohibited from carrying persons 
 for hire across that lake within two miles of the ferry so estab 
 lished, under a penalty. The time for the establishment of 
 such ferry has, by different acts, been extended to the 1st 
 day of September, 1875, and has now expired. This Bill fur 
 ther extends the time until the 1st day of September, 1877, 
 but provides that nothing in it contained shall be held to grant 
 an exclusive privilege to maintain the ferry. If the Bill does 
 re-enact the restrictive provisions of the Act of 1868, it is un 
 constitutional, as granting to a private individual an " exclu 
 sive privilege, immunity, or franchise ; " if it does not, it gives 
 to the donee nothing which he does not already possess in 
 common with every citizen of the State. 
 
 Assembly Bill No. 570, entitled, " An Act to legalize the Proceed 
 ings of the Town Meetings, so far as the same relates to the 
 Election of Highway Commissioners, held in and for the Town 
 of Alden, Erie County, on the 1st Tuesday of March, 1876." 
 Not approved. 
 
 This Bill undertakes in effect to declare that the person 
 whom the Board of Canvassers decided to have been elected at 
 a town meeting in the town of Alden was in fact duly elected. 
 If there is any controversy upon that subject, it is one that 
 should be settled by the courts. It is not within the province 
 of the Legislature to decide as to the regularity of an election, 
 or to adjudicate as to the candidate who was duly chosen. 
 
 Assembly Bill No. 260, entitled, " An Act to change the name of the 
 Rochester and Pine Creek Railway Company" 
 
 Not approved. 
 
 This Bill is rendered unnecessary by the passage of Chap 
 ter 280 of the Laws of this year, so amending the General 
 Act of 1870 as to authorize railroad companies to change their 
 names in the manner and under the restrictions prescribed by 
 that Act. 
 
1876.] BILLS NOT APPROVED. 343 
 
 Assembly Bill No. 607. An Act to amend Act incorporating 
 Peekskill Academy. 
 
 Not approved. 
 
 Assembly Bill No. 312. An Act to authorize sale of land for 
 non-payment of taxes in Rockland and Delaware Counties. 
 
 Not approved. 
 
 Assembly Bill No. 324. Authorize Treasurer of Monroe County 
 to collect certain taxes. 
 
 Not approved. 
 
 Assembly Bill No. 327. Legalize State and County taxes in 
 Cohoes. 
 
 Not approved. 
 
 Assembly Bill No. 263. To amend Act in relation to support 
 of Insane in Grenesee County. 
 
 Not approved. 
 
 Assembly Bill No. 406. Relative to Cemetery at Port Byron. 
 Not approved. 
 
 Assembly Bill No. 635. For removal of bodies from burial- 
 ground in Norwood, St. Lawrence County. 
 
 Not approved. 
 
 Assembly Bill No. 451. To prohibit interments of dead in First 
 M. E. Burial Ground at Carlton, Orleans County. 
 
 Not approved. 
 
 Assembly Bill No. 432. Amend Act providing for instruction of 
 
 Common School Teachers. 
 
 Not approved. 
 
344 THE WORKS OF SAMUEL J. TILDE N. [1876. 
 
 Assembly Bill No. 597. Distribute school tax from Southern 
 Central R. R. among school districts of Town of Hartford, 
 Cortland County. 
 
 Not approved. 
 
 Assembly Bill No. 561. For a Fire Department in Second School 
 District of Grlennville, Schenectady County. 
 
 Not approved. 
 
 Assembly Bill No. 639. To amend Act incorporating Village of 
 Bath-on-the-Hudson. 
 
 Not approved. 
 
 Assembly Bill No. . To repeal Act for election of Police 
 
 Justices in villages so far as relates to Grreene County. 
 Not approved. 
 
 Assembly Bill No. . To amend Act incorporating Village of 
 Camden. 
 
 Not approved. 
 
 Assembly Bill No. 295. Concerning Notary Public in Counties 
 of Kings, Queens, Richmond, Westchester, Putnam, Suffolk, 
 Rockland, and the City and County of New York. 
 
 Not approved. 
 
 Assembly Bill No. 407. Authorize Buffalo and Grand Island 
 
 Ferry Company to increase capital stock. 
 Not approved. 
 
 Assembly Bill No. 449. For sale of real estate of the Western 
 
 New York Agricultural Society. 
 Not approved. 
 
1876.] BILLS NOT APPROVED. 345 
 
 Assembly Bill No. 131. Regulate voting in Western New York 
 Agricultural Society. 
 
 Not approved. 
 
 Senate Bill No. 66. Amend Act for draining land adjoining 
 Black Lake. 
 
 Not approved. 
 
 Senate Bill No. 65. Amend Act for draining overflowed land 
 adjoining Black Lake. 
 
 Not approved. 
 
 Senate Bill No. 95. Authorize a sewer along Beaver Creek in 
 Albany. 
 
 Not approved. 
 
 Senate Bill No. 287. For construction of an iron bridge over 
 Clark and Skinner Canal, at Scott Street, in Buffalo. 
 
 Not approved. 
 
L. 
 
 THE New York Chamber of Commerce invited Governor 
 Tilden to be its guest at its annual dinner on the evening of 
 the 4th of May, 1876. The Governor arrived from Albany 
 during the dinner, and was placed on the right of Samuel D. 
 Babcock, president, who occupied the chair. On the left sat 
 Mr. Pierrepont, then Attorney-General of the United States ; 
 and next on his left was Ex-Governor John A. Dix. 
 
 To the first regular toast, " The President of the United 
 States," Mr. Pierrepont responded. The feature of his speech 
 was the discomforts, the vexations, and the trials incident to 
 the life of Presidents in general and to that of President Grant 
 in particular. " I am acquainted," he said, " with one man 
 and very well acquainted with him who has been President 
 of the United States for the last eight years nearly ; and I have 
 had some private talks with him on the delights of that place, 
 and I may be able to communicate some information to those 
 men who are so anxious to get the place, how very charming it 
 is. When this man of whom I speak was forty-six years old 
 you called him from the camp and from a great office which he 
 held for life, and insisted that he should be President of the 
 United States ; and you placed him in that responsible situa 
 tion when he was utterly unused to public affairs, wholly inex 
 perienced in politics, knowing nothing of the tricks and the 
 treachery which belong thereto. You placed him there at the 
 end of a great civil war, when you had released from bondage 
 four millions of ignorant slaves, when the country was utterly 
 demoralized by war, and corrupted by the over-issue of paper 
 money. There you placed this inexperienced soldier ; and as 
 honest men I ask you, Did you expect that he could commit no 
 blunder that he could make no mistake ? I know that your 
 
1876.] SPEECH BEFORE THE CHAMBER OF COMMERCE. 347 
 
 response is that you could not so have expected an impossi 
 bility and a thing so unreasonable. He will tell you that he 
 has committed blunders and that he has made mistakes ; but 
 he will tell you, and every man will tell you, and when Malig 
 nity has done her worst, and from the penitentiary and insane 
 asylums has called her witnesses, his friends may defy any 
 man to find in his entire record a single thing that will be a 
 blot upon his integrity. . . . Now, my friends, he has gone 
 through a fiery trial, he is not done yet ; but don t have any 
 doubts that he will come out of it unsinged, and that you will 
 find this great general, on whom you have so relied and whom 
 you have so admired, deserving of all the favors and all the 
 admiration you have bestowed. He is so generous a man, 
 gentlemen, that he will not be unwilling to see any good, honest, 
 patriotic man take his place at the end of eight months, and 
 he will be willing to see him enjoy all the luxuries and delights 
 and the charms and the undisturbed repose which belong to 
 the place ; and if there is any man here who is thinking at all 
 about this place [here the speaker glanced slyly at Governor 
 Tilden, and his eyes were followed by the amused looks of the 
 company, which broke out with uproarious laughter and ap 
 plause as the serious and unmoved countenance of the Governor 
 met their view] , I can assure him that when General Grant 
 has stepped out of that place, he will look serenely on and see 
 him enjoy the luxury and the delights and repose of the place 
 without a single twinge of envy." 
 
 At a later stage of his speech the Attorney-General arraigned 
 the Municipal Government of New York city as responsible 
 largely for the general depression of business, of which the mer 
 cantile world were then justly complaining. " Every man of 
 you tells me, and one of your oldest members told me in the 
 other room that in his experience of fifty years never was New 
 York so depressed. Why is it so depressed ? Because by 
 fraudulent government your taxes have been so increased that 
 trade cannot prosper here, that everything is made so expen 
 sive that other cities come in and undermine you and take 
 away your trade. I have had occasion in my official place 
 lately, from questions sent to me from the Treasury Depart 
 ment relating to the transmission of goods that come here in 
 bond, to enter into this question about the prosperity of my 
 
348 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 own great city ; and I tell you here to-night that under the sys 
 tem that now exists, from the bad government from which the 
 city has suffered, and from which my friend here [Governor 
 Tilden] and myself tried years ago to release it all we could, 
 and yet we could not relieve it, so great are the expenses 
 here that I can put down a bale of goods in Chicago cheaper 
 than I can in Union Square to-day." 
 
 To the second regular toast, " The State of New York," 
 Governor Tilden was called upon to respond. The personal 
 allusions in the speech of the preceding speaker were of such a 
 character coming as they did from a Cabinet minister speak 
 ing for and in behalf of the President that Governor Tilden s 
 remarks were necessarily more or less responsive to them, and 
 therefore unpremeditated. 
 
SPEECH AT THE ANNUAL DINNER OF THE 
 NEW YORK CHAMBER OF COMMERCE. 
 
 MR. PRESIDENT AND GENTLEMEN, I speak a word to-night 
 for our State ; my friend the President has warned me it must 
 be but a word. I think the wisdom of the commercial com 
 munity, without doubt, is concentrated and personified in your 
 presiding officer, and I shall not therefore dare to disobey his 
 injunction or to trespass upon your time beyond his limit. 
 
 We have heard from the gentleman who last addressed us a 
 doleful account of the experiences of the present incumbent of 
 the Presidential chair, and I confess, as I look around me, I 
 see that his statement appears to depress several gentlemen 
 here ; but inasmuch as your presiding officer, with character 
 istic good judgment, has arranged all the gentlemen who are 
 thinking of such things upon the left of the chair, and in the 
 order, I presume, of their prospects, I do not feel called upon 
 to dwell upon that subject or to take it out of their mouths. 
 I am myself to-night depressed, a little depressed and a little 
 joyful : depressed, for I have left to-day in Albany two hundred 
 and seventy bills on which I have to pass within the next 
 twenty odd days ; but joyful when I think of the several hun 
 dred others which were not sent to me. 
 
 I do not know that I can add anything to what has been 
 already said upon the subject of our commercial troubles. 
 Nothing so much interests this audience ; but inasmuch as the 
 Federal Government has sent its Attorney-General here to put 
 in a cognovit, I don t see that anything remains but to enter 
 judgment. Undoubtedly when my friend the Attorney-General 
 
850 THE WORKS OF SAMUEL J. TILDES. [1876. 
 
 asks, " What is the matter with you ?" and then, Yankee-like, 
 answers his own question, and says, " Taxation and abuses in 
 government," he puts his finger on the real mischief. But he 
 seems to have the impression that the principal source of the 
 evil is the Municipal Government. Now, my fellow-citizens, 
 the Federal Government draws from our population, from our 
 men of business, draws from the five millions of people who 
 inhabit this State of New York, far more of taxes than the 
 State Government and all the Local and Municipal Govern 
 ments in the aggregate. 
 
 Mr. Opdyke, in the Convention of 1867, estimated the taxes 
 of the Federal Government taken from the State of New York at 
 eighty million dollars annually. Now, putting it at much less 
 than that, it exceeds all the local taxes and all the State taxes ; 
 and in that connection I have the satisfaction to announce to 
 you that our Legislature this session has kept down the tolls 
 on the Erie Canal, provided for all needed repairs, and remitted 
 eight million dollars of taxes that were drawn from the people 
 of this State two years ago. That naturally brings the mind 
 to consider not only the evils of government, but also the reme 
 dies. It is idle to talk about over-taxation unless we reduce 
 taxation. Now at the close of this session the State Govern 
 ment remits to the people of this city four million dollars of 
 taxes. 
 
 I quite agree with the speaker who last addressed you as to 
 the influence and power which the body I am addressing can 
 exercise over public opinion and over the destinies of our 
 country ; and if, with bold, fearless, and decisive hand, it will 
 strike at the root of these evils, prosperity will return to us. 
 Of course I am not here to night to deal in homiletics ; I am 
 simply making what a Down-East parson would call an applica 
 tion of the sermon the very excellent sermon of my friend 
 the Attorney-General. 
 
LI. 
 
 GOVERNOR TILDEN was present by invitation at the fair of the 
 Young Women s Christian Association, held at the Academy of 
 Music on the evening of Saturday the 7th of May, 1876. The 
 Governor s allusion to Mr. James Stokes is explained by the 
 fact that that excellent gentleman had given fifteen thousand 
 dollars to the purchase of the building occupied by the Associa 
 tion. Mr. Stokes s father was the late Thomas Stokes, who 
 shares with Robert Raikes the fame of founding the modern 
 Sunday-School system. After paying his respects to the offi 
 cers of the Association, the Governor was conducted to the 
 centre box in the first tier, where he made the following brief 
 address. 
 
VACATION SPEECH ADDRESS AT THE FAIR OF 
 THE YOUNG WOMEN S CHRISTIAN ASSOCIATION. 
 
 LADIES AND GENTLEMEN, In the fitness of things the 
 offices of holy charity peculiarly belong to the female sex. 
 The poet makes the dying Marmion exclaim, 
 
 " O woman! . . . 
 
 When pain and anguish wring the brow, 
 A ministering angel thou 1 " 
 
 In enthusiasm, the tendency to idealize, in the spirit of 
 sacrifice and devotion that grows out of the sentiment of affec 
 tion, the womanly nature has vast reserves of force capable 
 of being collected, organized, and utilized for the purposes of 
 public charity. I sympathize with your Association because 
 this is your object. 
 
 I had occasion myself a short time ago to plant a germ of 
 the graces and capabilities of the female sex in the arid wastes 
 of the State Board of Charities. It seemed to me a simple and 
 natural thing to do. I had some legal scruples to evade, some 
 difficulties to overcome ; but I did it, and I woke up next morn 
 ing and found myself famous. Not more astonished was Lord 
 Byron when he heard of " Childe Harold" being read on the 
 banks of the Ohio. I received letters of approval and congratu 
 lation from gallant young gentlemen like William C. Bryant 
 and Charles O Conor. 1 On the whole, I consider it perhaps the 
 solitary success of my whole life with the female sex ; for I read 
 in the " Evening Post " I think it was that during all these 
 diligent and laborious years of my life I had been but writing 
 
 1 Bryant was then 82 years of age, and O Conor 72. 
 
1876.] VACATION SPEECH. FEMALE CHARITY. 353 
 
 my name on the sands close to the sea, so that each succeed- 
 ing wave obliterated all I had written ; but that I should now 
 go down in history because of this graceful, fortunate, and 
 happy conception. It is well to get renown on such honor 
 able terms. I was at the Chamber of Commerce dinner, and 
 near me sat the Rev. Dr. John Hall, and he told a dream. 
 The dream was of Saint Peter ; and about that time Mr. Dodge 
 came to me and pressed me to attend here to-night. Of course 
 I went home with my head somewhat confused ; and by and by, 
 in the small hours of the morning, that portion of the Rev. Dr. 
 Hall s dream which he had not recounted, appeared to me in 
 a vision. I thought I saw Mr. James Stokes approaching the 
 gate of Heaven, and Saint Peter said : " What are your titles 
 to enter here ? " Now Mr. Stokes thought he would mention 
 what seemed to him the best thing he had ever done ; so he 
 mentioned his benefaction to this Society. u Stop," said Saint 
 Peter ; " I see no evidence that this is a voluntary free-will 
 offering, because it is a mere surrender to the most charming 
 of all the Orders of mendicants. We have no entry on our 
 books of that act." Mr. Stokes looked astonished and troubled ; 
 but Saint Peter s countenance was suffused with a kindly smile, 
 and he said : " Now, having notice of the fact, anything more 
 that you do hereafter, or anything that your friends or others 
 choose to contribute to this object, shall be regularly entered 
 in the accounts of Heaven to your credit." Just at that 
 moment the vision faded ; and I thought how much better is 
 reality than the best of dreams, because Mr. James Stokes and 
 his friend Mr. Dodge still live among us. Long may they live 
 as bright examples to whom all of you may look ! They are 
 heaping up treasures where moth does not corrupt, nor thieves 
 break through and steal. I admire their example ; I commend 
 it to your imitation; and I commend to you also the chief 
 donor to this society, the son of one of the earliest founders 
 of modern missionary societies and a worthy descendant of 
 the zealous coadjutor and ally of the founder of Sabbath- 
 schools in England and in the world. 
 
 VOL. ii. 23 
 
LII. 
 
 THE National Democratic Convention of 1876 selected to 
 nominate candidates for the Presidency and Vice-Presidency 
 met in the great hall of the Board of Trade in St. Louis at 
 noon on the 27th of June, 1876. General John A. McClernand 
 was selected as the permanent chairman of the Convention. 
 When in the call of the States for the presentation of candi 
 dates the State of New York was reached, Francis Kernan, one 
 of the United States senators from the State of New York, 
 and chairman of the New York delegation, arose and said : 
 
 " The great issue upon which this election will be lost or won is 
 that question of needed administrative reform ; and in selecting 
 our candidates, if we had a man that had "been so fortunate as to 
 be placed in a public position, who had laid his hand on dishonest 
 officials, no matter to what party they belonged, or had rooted out 
 abuses in the discharge of his duty, who had shown himself willing 
 and able to bring down taxation and inaugurate reform, if we are 
 wise men and have such a man, it is no disparagement to any other 
 candidate to say that this is the man that will command the con 
 fidence of men who have not been always with the Democracy, 
 and make our claim strong, so that it will sweep all over this 
 Union a triumphant party vote. 
 
 " Governor Tilden was selected as governor of our State ; he 
 came into office Jan. 1, 1875. The direct taxes collected from our 
 tax-ridden people in the tax levy of 1874 were over fifteen mil 
 lions of dollars. He has been in office eighteen months, and the 
 tax levy for the State treasury in this year, 1876, is only eight 
 millions of dollars. If you go among our farming people, among 
 our men who find business coming down and their produce bring 
 ing low prices, you will find that they have faith in the man who 
 has reduced taxation in the State of New York one half in eigh 
 teen months ; and you will hear the honest men throughout the 
 
1876.] PRESIDENTIAL NOMINATION. 355 
 
 country say that they want the man who will do at Washington 
 what has been done in the State of New York. 
 
 " Now do not misunderstand me. We have other worthy men 
 and good in the State of New York who, if they had had the 
 chance to be elected, and had had a chance to discover the frauds 
 in our State administration, among our canals, which were thus 
 depleting our people, would have done the work faithfully. But 
 it so happened that Samuel J. Tilden reaped this great benefit 
 for our people and this great honor for our party. 
 
 Governor Tilden was nominated on the second ballot by the 
 following vote : 
 
 Whole vote 738 
 
 Necessary for a choice 492 
 
 SamuelJ. Tilden, of New York 535 
 
 Thomas A. Hendricks, of Indiana 60 
 
 William Allen, of Ohio 54 
 
 Joel Parker, of New Jersey 18 
 
 Winfield Scott Hancock, of Pennsylvania 59 
 
 Thomas Bayard, of Delaware 11 
 
 Allen G. Thurman, of Ohio 2 
 
 The Convention appointed a committee, of which the Chair 
 man of the Convention was a member, to wait upon Governor 
 Tilden at his residence in New York city and apprise him of 
 his nomination. The committee called upon the Governor on 
 the llth of July, when General McClernand read to him the 
 following address : 
 
 Governor Samuel J. Tilden. 
 
 SIR, The undersigned, a committee of the National Democratic 
 Convention which met at the city of St. Louis, Mo., on the 27th 
 ultimo, consisting of its president and of one delegate from each 
 State of the Federal Union, have been intrusted with the pleas 
 ant duty of waiting upon and informing you of your nomination 
 by that body as the candidate of the Democratic party for the 
 Presidency of the United States at the ensuing election. 
 
 It is a source of great satisfaction to us, who but reflect the 
 opinions of the members of the Convention, that a gentleman 
 entertaining and boldly advancing, as you do, and have done, those 
 great measures of national and State reform which are an absolute 
 necessity for the restoration of the national honor, prosperity, and 
 
356 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 credit, should have been selected as our standard-bearer in the 
 approaching contest. Your name is identified with the all-absorbing 
 question of reform, reduction of taxes, and the maintenance of 
 the rights of the laboring masses. The Democracy, in designating 
 you as their chosen leader, do not feel that they are relying merely 
 upon your pledges or promises of what you will do in the event 
 of your election ; your record of the past is our guaranty of your 
 future course. Having been faithful over a few things, we will 
 make you a ruler over many things. 
 
 Accompanying this letter of notification, we also present you 
 with the declaration of principles adopted by the Convention. 
 We have no doubt that you will recognize in this declaration 
 measures of political policy which immediately concern the hap 
 piness and welfare of the entire people of this country ; and we 
 feel that your election to the Presidency will be a guaranty of 
 their success, and it will be as much your pleasure to enforce and 
 maintain them, if elected, as it is ours to give them the stamp of 
 national representative approbation and approval in their adop 
 tion. Entertaining the hope that you will signify to us your 
 acceptance of the nomination which we have tendered you, and 
 that you concur with the Convention in their declaration of 
 principle, we are, dear sir, your very obedient servants, 
 
 JOHN A. MCCLERNAND, Chairman, 
 
 And all the members of the National Committee. 
 
 Governor Tilden replied, first in a brief speech, and sub 
 sequently in a letter, which are here given in their order of 
 time. 
 
REPLY TO GENERAL McCLERNAND S ADDRESS 
 ADVISING MR. TILDEN OF HIS NOMINATION 
 FOR THE PRESIDENCY, JULY 11, 18T6. 
 
 GENERAL MCCLERNAND AND GENTLEMEN OP THE COMMITTEE, 
 I shall at my earliest convenience prepare and transmit to you 
 a formal acceptance of the nomination which you now tender 
 to me in behalf of the Democratic National Convention, and 
 I do not desire on this occasion to anticipate any topic which 
 might be appropriate to that communication. It may, how 
 ever, be permitted to me to say that my nomination was not 
 a mere personal preference between citizens and statesmen of 
 this Republic who might very well have been chosen for so 
 distinguished an honor and for so august a duty. It was 
 rather a declaration of that illustrious body, in whose behalf 
 you speak, in favor of administrative reform, with which 
 events had associated me in the public mind. The strength, 
 the universality, and the efficiency of the demand for adminis 
 trative reform, especially in the administration of the Federal 
 Government, with which the Democratic masses everywhere 
 are instinct, has led to a series of surprises in the popular 
 assemblages, and perhaps in the Convention itself. It would 
 be unnatural, gentlemen, if a popular movement so genuine 
 and so powerful should stop with three and a half millions 
 of Democrats ; that it should not extend by contagion to that 
 large mass of independent voters who stand between parties 
 in our country, and even to the moderate portion of the 
 party under whose administration the evils to be corrected 
 
353 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 have grown up. And perhaps in what we have witnessed 
 there may be an augury in respect to what we may witness 
 in the election about to take place throughout our country; 
 at least, let us hope so and believe so. 
 
 I am not without experience of the difficulty, of the labor of 
 effecting administrative reform when it requires a revolution 
 in policies and in measures long established in government. 
 If I were to judge by the year and a half during which I have 
 been in the State government, I should say that the routine 
 duties of the trust I have had imposed upon me are a small 
 burden compared with that created by the attempt to change 
 the practice of the government of which I have been the 
 executive head. Especially is this so where the reform is to 
 be worked out with more or less of co-operation of public 
 officers who either have been tainted with the evils to be 
 redressed, or who have been incapacitated by the habit of 
 tolerating the wrongs to be corrected, and to which they have 
 been consenting witnesses. I therefore, if your choice should 
 be ratified by the people at the election, should enter upon the 
 great duties which would be assigned to me, not as a holiday 
 recreation, but very much in that spirit of consecration in 
 which a soldier enters battle. 
 
 But let us believe, as I do believe, that we now see the dawn 
 of a better day for our country, that difficult as is the work 
 to which the Democratic party, with many allies and former 
 members of other parties, has addressed itself the Republic 
 is surely to be renovated, and that it is to live in all the 
 future, to be transmitted to succeeding generations as Jef 
 ferson contributed to form it in his day, and as it has been 
 ever since, until a recent period, a blessing to the whole 
 people and a hope to all mankind. 
 
 Gentlemen, I thank you for the very kind terms in which 
 you have made your communication, and I extend to you, 
 collectively and individually, a cordial greeting. 
 
LIII. 
 
 GOVERNOR TILDEN S LETTER ACCEPTING THE 
 NOMINATION OF THE NATIONAL DEMOCRATIC 
 CONVENTION FOR THE PRESIDENCY. 
 
 ALBANY, July 31, 1876. 
 
 GENTLEMEN, When I had the honor to receive a personal 
 delivery of your letter on behalf of the Democratic National 
 Convention, held on the 28th of June at St. Louis, advising me 
 of my nomination as the candidate of the constituency repre 
 sented by that body for the office of President of the United 
 States, I answered that, at my earliest convenience, and in 
 conformity with usage, I would prepare and transmit to you 
 a formal acceptance. I now avail myself of the first interval 
 in unavoidable occupations to fulfil that engagement. 
 
 The Convention, before making its nominations, adopted a 
 Declaration of Principles which, as a whole, seems to me a 
 wise exposition of the necessities of our country and of the 
 reforms needed to bring back the government to its true func 
 tions, to restore purity of administration, and to renew the 
 prosperity of the people. But some of these reforms are so 
 urgent that they claim more than a passing approval. 
 
 The necessity of a reform "in the scale of public expense 
 Federal, State, and municipal " and " in the Reform in pub i ic 
 modes of Federal taxation" justifies all the ex P ense - 
 prominence given to it in the declaration of the St. Louis 
 Convention. 
 
360 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 The present depression in all the business and industries of 
 the people, which is depriving labor of its employment and 
 carrying want into so many homes, has its principal cause in 
 excessive governmental consumption. Under the illusions of 
 a specious prosperity engendered by the false policies of the 
 Federal Government, a waste of capital has been going on ever 
 since the peace of 1865 which could only end in universal 
 disaster. The Federal taxes of the last eleven years reach the 
 gigantic sum of $4,500,000,000. Local taxation has amounted 
 to two thirds as much more. The vast aggregate is not less 
 than 87,500,000,000. This enormous taxation followed a civil 
 conflict that had greatly impaired our aggregate wealth and had 
 made a prompt reduction of expenses indispensable. It was 
 aggravated by most unscientific and ill-adjusted methods of 
 taxation, that increased the sacrifices of the people far beyond 
 the receipts of the Treasury. It was aggravated, moreover, by 
 a financial policy which tended to diminish the energy, skill, 
 and economy of production and the frugality of private con 
 sumption, and induced miscalculation in business and unremu- 
 ne-rative use of capital and labor. 
 
 Even in prosperous times the daily wants of industrious 
 communities press closely upon their daily earnings. The 
 margin of possible national savings is at best a small percentage 
 of national earnings. Yet now for these eleven years govern 
 mental consumption has been a larger portion of the national 
 earnings than the whole people can possibly save, even in pros 
 perous times, for all new investments. The consequences of 
 these errors are now a present public calamity. But they 
 were never doubtful, never invisible. They were necessary and 
 inevitable, and were foreseen and depicted when the waves of 
 that fictitious prosperity ran highest. In a speech made by 
 me on the 24th of September, 1868, it was said of these 
 taxes : 
 
 "They bear heavily upon every man s income, upon every industry 
 and every business in the country ; and year by year they are des 
 tined to press still more heavily, unless we arrest the system that 
 
1876.] PRESIDENTIAL NOMINATION. 361 
 
 gives rise to them. It was comparatively easy, when values were 
 doubling under repeated issues of legal-tender paper money, to pay 
 out of the froth of our growing and apparent wealth these taxes ; 
 but when values recede and sink toward their natural scale, the 
 tax-gatherer takes from us not only our income, not only our 
 profits, but also a portion of our capital. ... I do not wish to 
 exaggerate or alarm ; I simply say that we cannot afford the costly 
 and ruinous policy of the Radical majority of Congress. We 
 cannot afford that policy toward the South. We cannot afford 
 the magnificent and oppressive centralism into which our govern- 
 inent is being converted. We cannot afford the present magnifi 
 cent scale of taxation." 
 
 To the Secretary of the Treasury I said, early in 1865 : 
 
 " There is no royal road for a government more than for an indi 
 vidual or a corporation. What you want to do now is to cut down 
 your expenses and live within your income. I would give all the 
 legerdemain of finance and financiering I would give the whole 
 of it for the old, homely maxim, Live within your income/ " 
 
 This reform will be resisted at every step ; but it must be 
 pressed persistently. We see to-day the immediate representa 
 tives of the people in one branch of Congress, while struggling 
 to reduce expenditures, compelled to confront the menace of 
 the Senate and the Executive that unless the objectionable 
 appropriations be consented to, the operations of the Govern 
 ment thereunder shall suffer detriment or cease. In my judg 
 ment an amendment of the Constitution ought to be devised 
 separating into distinct bills the appropriations for the various 
 departments of the public service, and excluding from each 
 bill all appropriations for other objects and all independent 
 legislation. In that way alone can the revisory power of each 
 of the two Houses and of the Executive be preserved and 
 exempted from the moral duress which often compels assent 
 to objectionable appropriations, rather than stop the wheels of 
 the Government. 
 
 An accessory cause enhancing the distress in business is to 
 be found in the systematic and insupportable misgovernment 
 imposed on the States of the South. Besides the ordinary 
 
362 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 effects of ignorant and dishonest administration, it has in 
 flicted upon them enormous issues of fraudulent 
 bonds, the scanty avails of which were wasted or 
 stolen, and the existence of which is a public discredit, tending 
 to bankruptcy or repudiation. Taxes, generally oppressive, in 
 some instances have confiscated the entire income of property, 
 and totally destroyed its marketable value. It is impossible 
 that these evils should not react upon the prosperity of the 
 whole country. 
 
 The nobler motives of humanity concur with the material 
 interests of all in requiring that every obstacle be removed to a 
 complete and durable reconciliation between kindred popula 
 tions once unnaturally estranged, on the basis recognized by 
 the St. Louis platform, of the " Constitution of the United 
 States, with its amendments, universally accepted as a final 
 settlement of the controversies which engendered civil war." 
 
 But, in aid of a result so beneficent, the moral influence of 
 every good citizen, as well as every governmental authority, 
 ought to be exerted, not alone to maintain their just equality 
 before the law, but likewise to establish a cordial fraternity and 
 good-will among citizens, whatever their race or color, who are 
 now united in the one destiny of a common self-government. If 
 the duty shall be assigned to me, I should not fail to exercise 
 the powers with which the laws and the Constitution of our 
 country clothe its chief magistrate, to protect all its citizens, 
 whatever their former condition, in every political and personal 
 right. 
 
 " Reform is necessary," declares the St. Louis Convention, 
 
 " to establish a sound currency, restore the public 
 
 credit, and maintain the national honor;" and 
 
 it goes on to " demand a judicious system of preparation by 
 
 public economies, by official retrenchments, and by wise 
 
 finance, which shall enable the nation soon to assure the 
 
 whole world of its perfect ability and its perfect readiness to 
 
 meet any of its promises at the call of the creditor entitled 
 
 to payment." 
 
1876.] PRESIDENTIAL NOMINATION. 363 
 
 The object demanded by the Convention is a resumption of 
 specie payments on the legal-tender notes of the United States. 
 That would not only " restore the public credit " and " main 
 tain the national honor, * but it would " establish a sound cur 
 rency " for the people. The methods by which this object is 
 to be pursued and the means by which it is to be attained, 
 are disclosed by what the Convention demanded for the 
 future and by what it denounced in the past. 
 
 Resumption of specie payments by the Government of the 
 United States on its legal-tender notes would Bank . note 
 establish specie payments by all the banks on all rcsum P tion - 
 their notes. The official statement made on the 12th of May 
 shows that the amount of the bank-notes was three hundred 
 millions, less twenty millions held by the banks themselves. 
 Against these two hundred arid eighty millions of notes the 
 banks held one hundred and forty-one millions of legal-tender 
 notes, or a little more than 50 per cent of their amount ; but 
 they also held on deposit in the Federal Treasury, as security 
 for these notes, bonds of the United States worth in gold about 
 three hundred and sixty millions, available and current in all 
 the foreign money-markets. In resuming, the banks, even if 
 it were possible for all their notes to be presented for pay 
 ment, would have five hundred millions of specie funds to pay 
 two hundred and eighty millions of notes without contracting 
 their loans to their customers or calling on any private debtor 
 for payment. Suspended banks undertaking to resume have 
 usually been obliged to collect from needy borrowers the means 
 to redeem excessive issues and to provide reserves. A vague 
 idea of distress is therefore often associated with the process 
 of resumption; but the conditions which caused distress in 
 those former instances do not now exist. The Government 
 has only to make good its own promises, and the banks can 
 take care of themselves without distressing anybody. The 
 Government is therefore the sole delinquent. 
 
 The amount of the legal-tender notes of the United States 
 now outstanding is less than three hundred and seventy 
 
364 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 millions of dollars, besides thirty-four millions of dollars of 
 Legal-tender re- fractional currency. How shall the Govern- 
 sumption. ment make these notes at all times as good 
 
 as specie ? 
 
 It has to provide, in reference to the mass which would be 
 kept in use by the wants of business, a central reservoir of 
 coin, adequate to the adjustment of the temporary fluctuations 
 of international balances, and as a guaranty against transient 
 drains artificially created by panic or by speculation. It has 
 also to provide for the payment in coin of such fractional cur 
 rency as may be presented for redemption, and such inconsider 
 able portions of the legal tenders as individuals may, from 
 time to time, desire to convert for special use or in order to lay 
 by in coin their little stores of money. 
 
 To make the coin now in the Treasury available for the ob- 
 Resumption not J ects of this reserve, gradually to strengthen and 
 difficult. enlarge that reserve, and to provide for such 
 
 other exceptional demands for coin as may arise, does not seem 
 to me a work of difficulty. If wisely planned and discreetly 
 pursued, it ought not to cost any sacrifice to the business of 
 the country ; it should tend, on the contrary, to a revival of 
 hope and confidence. The coin in the Treasury on the 30th of 
 June, including what is held against coin certificates, amounted 
 to nearly seventy-four millions. The current of precious metals 
 which has flowed out of our country for the eleven years from 
 July 1, 1865, to June 30, 1876, averaging nearly seventy-six 
 millions a year, was eight hundred and thirty-two millions in 
 the whole period, of which six hundred and seventeen millions 
 were the product of our own mines. To amass the requisite 
 quantity by intercepting from the current flowing out of the 
 country, and by acquiring from the stocks which exist abroad, 
 without disturbing the equilibrium of foreign money markets, 
 is a result to be easily worked out by practical knowledge and 
 judgment. 
 
 With respect to whatever surplus of legal tenders the wants 
 of business may fail to keep in use, which, in order to save 
 
1876.] PRESIDENTIAL NOMINATION. 365 
 
 interest, will be returned for redemption, they can either be 
 paid or they can be funded. Whether they continue as cur 
 rency, or be absorbed into the vast mass of securities held as 
 investments, is merely a question of the rate of interest they 
 draw. Even if they were to remain in their present form, and 
 the Government were to agree to pay on them a rate of interest 
 making them desirable as investments, they would cease to 
 circulate, and would take their place with Government, State, 
 municipal, and other corporate and private bonds, of which 
 thousands of millions exist among us. In the perfect ease with 
 which they can be changed from currency into investments lies 
 the only danger to be guarded against in the adoption of gen 
 eral measures intended to remove a clearly ascertained surplus ; 
 that is, the withdrawal of any which are not a permanent excess 
 beyond the wants of business. Even more mischievous would 
 be any measure which affects the public imagination with the 
 fear of an apprehended scarcity. In a community where credit 
 is so much used, fluctuations of values and vicissitudes in busi 
 ness are largely caused by the temporary beliefs of men even 
 before those beliefs can conform to ascertained realities. 
 
 The amount of the necessary currency at a given time can 
 not be determined arbitrarily, and should not be Amount of neces- 
 assumed on conjecture. That amount is subject saiy currenc y- 
 to both permanent and temporary changes. An enlargement 
 of it, which seemed to be durable, happened at the beginning 
 of the civil war by a substituted use of currency in place of 
 individual credits. It varies with certain states of business. 
 It fluctuates, with considerable regularity, at different seasons 
 of the year. In the autumn, for instance, when buyers of 
 grain and other agricultural products begin their operations, 
 they usually need to borrow capital or circulating credits by 
 which to make their purchases, and want these funds in cur 
 rency capable of being distributed in small sums among numer 
 ous sellers. The additional need of currency at such times is 
 5 or more per cent of the whole volume; and if a surplus 
 beyond what is required for ordinary use does not happen to 
 
366 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 have been on hand at the money centres, a scarcity of currency 
 ensues, and also a stringency in the loan market. 
 
 It was in reference to such experiences that, in a discussion 
 of this subject in my Annual Message to the New York Legis 
 lature of Jan. 5, 1875, the suggestion was made that " the 
 Federal Government is bound to redeem every portion of its 
 issues which the public do not wish to use. Having assumed 
 to monopolize the supply of currency and enacted exclusions 
 against everybody else, it is bound to furnish all which the 
 wants of business require. . . . The system should passively 
 allow the volume of circulating credits to ebb and flow accord 
 ing to the ever-changing wants of business. It should imitate 
 as closely as possible the natural laws of trade, which it has 
 superseded by artificial contrivances." And in a similar dis 
 cussion in my Message of Jan. 4, 1876, it was said that re 
 sumption should be effected " by such measures as would keep 
 the aggregate amount of the currency self-adjusting during all 
 the process, without creating at any time an artificial scarcity, 
 and without exciting the public imagination with alarms which 
 impair confidence, contract the whole large machinery of credit, 
 and disturb the natural operations of business." 
 
 " Public economies, official retrenchments, and wise finance " 
 Means of resump- are ^Q means which the St. Louis Convention 
 tlon * indicates as provision for reserves and redemp 
 
 tions. The best resource is a reduction of the expenses of the 
 Government below its income ; for that imposes no new charge 
 on the people. If, however, the improvidence and waste which 
 have conducted us to a period of falling revenues oblige us to 
 supplement the results of economies and retrenchments by 
 some resort to loans, we should not hesitate. The Government 
 ought not to speculate on its own dishonor in order to save 
 interest on its broken promises, promises which it still com 
 pels private dealers to accept at a fictitious par. The highest 
 national honor is not only right, but would prove profitable. 
 Of the public debt nine hundred and eighty-five millions bear 
 interest at 6 per cent in gold, and seven hundred and twelve 
 
1876.] PRESIDENTIAL NOMINATION. 367 
 
 millions at 5 per cent in gold. The average interest is 5.58 
 per cent. 
 
 A financial policy which should secure the highest credit, 
 wisely availed of, ought gradually to obtain a reduction of 1 per 
 cent in the interest on most of the loans. A saving of 1 per 
 cent on the average would be seventeen millions a year in gold. 
 That saving, regularly invested at 4| per cent, would in less 
 than thirty-eight years extinguish the principal. The whole 
 seventeen hundred millions of funded debt might be paid by 
 this saving alone, without cost to the people. 
 
 The proper time for resumption is the time when wise 
 preparations shall have ripened into a perfect p roper time for 
 ability to accomplish the object with a certainty resum P tion - 
 and ease that will inspire confidence and encourage the reviv 
 ing of business. The earliest time in which such a result can 
 be brought about is the best. Even when the preparations 
 shall have been matured, the exact date would have to be chosen 
 with reference to the then existing state of trade and credit 
 operations in our own country, the course of foreign commerce, 
 and the condition of the exchanges with other nations. The 
 specific measures and the actual date are matters of detail hav 
 ing reference to ever-changing conditions ; they belong to the 
 domain of practical administrative statesmanship. The cap 
 tain of a steamer, about starting from New York to Liverpool, 
 does not assemble a council over his ocean chart and fix an 
 angle by which to lash the rudder for the whole voyage. A 
 human intelligence must be at the helm to discern the shifting 
 forces of the waters and the winds ; a human hand must be on 
 the helm to feel the elements day by day, and guide to a mas 
 tery over them. 
 
 Such preparations are everything. Without them a legisla 
 tive command fixing a day, an official promise p repa rations for 
 fixing a day, are shams. They are worse ; they resum P tlon - 
 are a snare and a delusion to all who trust them. They destroy 
 all confidence among thoughtful men, whose judgment will 
 at last sway public opinion, An attempt to act on such a 
 
368 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 command or such a promise without preparation would end 
 in a new suspension. It would be a fresh calamity, prolific 
 of confusion, distrust, and distress. 
 
 The Act of Congress of the 14th of January, 1875, enacted 
 The Act of Jan. tnat on an( l a ^ er ^ ne ls*> ^ January, 1879, the 
 14, 1875. Secretary of the Treasury shall redeem in coin 
 
 the legal-tender notes of the United States on presentation at 
 the office of the Assistant-Treasurer in the city of New York. 
 It authorized the Secretary " to prepare and provide for " such 
 resumption of specie payments by the use of any surplus 
 revenues not otherwise appropriated, and by issuing in his 
 discretion certain classes of bonds. 
 
 More than one and a half of the four years have passed. 
 Congress and the President have continued ever since to unite 
 in acts which have legislated out of existence every possible 
 surplus applicable to this purpose. The coin in the Treasury 
 claimed to belong to the Government had on the 30th of 
 June fallen to less than forty-five millions of dollars, as 
 against fifty-nine millions on the 1st of January, 1875; and 
 the availability of a part of that sum is said to be question 
 able. The revenues are falling faster than appropriations 
 and expenditures are reduced, leaving the Treasury with 
 diminishing resources. The Secretary has done nothing under 
 his power to issue bonds. 
 
 The legislative command, the official promise fixing a day for 
 resumption have thus far been barren. No practical prepara 
 tions toward resumption have been made. There has been no 
 progress ; there have been steps backward. 
 
 There is no necromancy in the operations of government ; 
 the homely maxims of every-day life are the best standards for 
 its conduct. A debtor who should promise to pay a loan out of 
 surplus income, yet be seen every day spending all he could lay 
 his hands on in riotous living, would lose all character for 
 honesty and veracity. His offer of a new promise or his pro 
 fession as to the value of the old promise, would alike provoke 
 derision. 
 
1876.] PRESIDENTIAL NOMJ^ATfON. 369 
 
 The St. Louis platform denounces the failure for eleven years 
 to make good the promise of the legal-tender Resumption plan 
 
 of the St. Louis 
 
 notes. It denounces the omission to accumulate platform. 
 " any reserve for their redemption." It denounces the conduct 
 " which during eleven years of peace has made no advances 
 toward resumption, no preparations for resumption, but in 
 stead has obstructed resumption by wasting our resources and 
 exhausting all our surplus income ; and while professing to 
 intend a speedy return to specie payments, has annually enacted 
 fresh hindrances thereto." And having first denounced the 
 barrenness of the promise of a day of resumption, it next 
 denounces that barren promise as " a hindrance " to resumption. 
 It then demands its repeal, and also demands the establishment 
 of " a judicious system of preparation " for resumption. It 
 cannot be doubted that the substitution of " a system of 
 preparation " without the promise of a day, for the worthless 
 promise of a day without " a system of preparation " would be 
 the gain of the substance of resumption in exchange for its 
 shadow. 
 
 Nor is the denunciation unmerited of that improvidence 
 which, in the eleven years since the peace, has consumed 
 forty-five hundred millions of dollars, and yet could not 
 afford to give the people a sound and stable currency. Two 
 and a half per cent on the expenditures of these eleven years, 
 or even less, would have provided all the additional coin 
 needful to resumption. 
 
 The distress now felt by the people in all their business and 
 industries, though it has its principal cause in the Relief to business 
 enormous waste of capital occasioned by the false dlstress - 
 policies of our Government, has been greatly aggravated by 
 the mismanagement of the currency. Uncertainty is the pro 
 lific parent of mischiefs in all business. Never were its evils 
 more felt than now. Men do nothing, because they are unable 
 to make any calculations on which they can safely rely ; they 
 undertake nothing, because they fear a loss in everything they 
 would attempt : they stop and wait. The merchant dares 
 
 VOL. ii. 24 
 
370 THE WORKS OF SAMUEL J. TILDE N. [1876. 
 
 not buy for the future consumption of his customers. The 
 manufacturer dares not make fabrics which may not refund 
 his outlay. He shuts his factory and discharges his workmen. 
 Capitalists cannot lend on security they consider safe, and 
 their funds lie almost without interest. Men of enterprise 
 who have credit, or securities to pledge, will not borrow. 
 Consumption has fallen below the natural limits of a reason 
 able economy. Prices of many things are under their range 
 in frugal specie-paying times before the civil war. Vast masses 
 of currency lie in the banks unused. A year and a half ago 
 the legal tenders were at their largest volume, and the twelve 
 millions since retired have been replaced by fresh issues of 
 fifteen millions of bank-notes. In the mean time the banks 
 have been surrendering about four millions a month, because 
 they cannot find a profitable use for so many of their notes. 
 
 The public mind will no longer accept shams ; it has suf 
 fered enough from illusions. An insincere policy increases 
 distrust ; an unstable policy increases uncertainty. The 
 people need to know that the Government is moving in the 
 direction of ultimate safety and prosperity, and that it is doing 
 so through prudent, safe, and conservative methods, which will 
 be sure to inflict no new sacrifice on the business of the coun 
 try. Then the inspiration of new hope and well-founded 
 confidence will hasten the restoring processes of nature, and 
 prosperity will begin to return. 
 
 The St. Louis Convention concludes its expression in regard 
 to the currency by a declaration of its convictions as to the 
 practical results of the system of preparations it demands. 
 It says : " We believe such a system, well devised, and above 
 all intrusted to competent hands for execution, creating at no 
 time an artificial scarcity of currency, and at no time alarming 
 the public mind into a withdrawal of that vaster machinery of 
 credit by which 95 per cent of all business transactions are 
 performed, a system open, public, and inspiring general con 
 fidence, would, from the day of its adoption, bring healing 
 on its wings to all our harassed industries, set in motion the 
 
1876.] PRESIDENTIAL NOMINATION. 371 
 
 wheels of commerce, manufactures, and the mechanic arts, 
 restore employment to labor, and renew in all its natural 
 sources the prosperity of the people." 
 
 The Government of the United States, in my opinion, can 
 advance to a resumption of specie payments on its legal-tender 
 notes by gradual and safe processes tending to relieve the 
 present business distress. If charged by the people with 
 the administration of the executive office, I should deem it a 
 duty so to exercise the powers with which it has been or may 
 be invested by Congress as best and soonest to conduct the 
 country to that beneficent result. 
 
 The Convention justly affirms that reform is necessary in the 
 civil service, necessary to its purification, neces- Civil service re _ 
 sary to its economy and its efficiency, necessary form - 
 in order that the ordinary employment of the public business 
 may not be " a prize fought for at the ballot-box, a brief re 
 ward of party zeal, instead of posts of honor assigned for proved 
 competency and held for fidelity in the public employ." The 
 Convention wisely added that " reform is necessary even more 
 in the higher grades of the public service. President, Yice- 
 President, judges, senators, representatives, Cabinet officers, 
 these and all others in authority are the people s servants ; 
 their offices are not a private perquisite, they are a public 
 trust." 
 
 Two evils infest the official service of the Federal Govern 
 ment. One is the prevalent and demoralizing notion that the 
 public service exists not for the business and benefit of the 
 whole people, but for the interest of the office-holders, who 
 are in truth but the servants of the people. Under the in 
 fluence of this pernicious error public employments have been 
 multiplied, the numbers of those gathered into the ranks of 
 office-holders have been steadily increased beyond any possible 
 requirement of the public business, while inefficiency, pecula 
 tion, fraud, and malversation of the public funds, from the 
 highest places of power to the lowest, have overspread the 
 whole service like a leprosy. 
 
372 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 The other evil is the organization of the official class into a 
 body of political mercenaries governing the caucuses and dic 
 tating the nominations of their own party, and attempting to 
 carry the elections of the people by undue influence and by 
 immense corruption-funds systematically collected from the 
 salaries or fees of office-holders. The official class in other 
 countries, sometimes by its own weight, and sometimes in alli 
 ance with the army, has been able to rule the unorganized 
 masses, even under universal suffrage. Here it has already 
 grown into a gigantic power, capable of stifling the inspirations 
 of a sound public opinion and of resisting an easy change of 
 administration, until misgovernment becomes intolerable, and 
 public spirit has been stung to the pitch of a civic revolution. 
 
 The first step in reform is the elevation of the standard by 
 which the appointing power selects agents to execute official 
 trusts. Next in importance is a conscientious fidelity in the 
 exercise of the authority to hold to account and displace un 
 trustworthy or incapable subordinates. The public interest 
 in an honest, skilful performance of official trust must not be 
 sacrificed to the usufruct of the incumbents. 
 
 After these immediate steps, which will insure the exhibition 
 of better examples, we may wisely go on to the abolition of un 
 necessary offices ; and, finally, to the patient, careful organiza 
 tion of a better civil service system under the tests, wherever 
 practicable, of proved competency and fidelity. 
 
 While much may be accomplished by these methods, it might 
 encourage delusive expectations if I withheld here the expres 
 sion of my conviction that no reform of the civil service in this 
 country will be complete and permanent until its chief magis 
 trate is constitutionally disqualified for re-election ; experience 
 having repeatedly exposed the futility of self-imposed restric 
 tions by candidates or incumbents. Through this solemnity only 
 can he be effectually delivered from his greatest temptation 
 to misuse the power and patronage with which the Executive 
 is necessarily charged. 
 
 Educated in the belief that it is the first duty of a citizen of 
 
1876.] PRESIDENTIAL NOMINATION. 373 
 
 the Republic to take his fair allotment of care and trouble in 
 public affairs, I have for forty years as a private 
 citizen fulfilled that duty. Though occupied in 
 an unusual degree during all that period with the concerns of 
 government, I have never acquired the habit of official life. 
 When, a year and a half ago, I entered upon my present trust, 
 it was in order to consummate reforms to which I had already 
 devoted several of the best years of my life. Knowing as I do, 
 therefore, from fresh experience how great the difference is 
 between gliding through an official routine and working out 
 a reform of systems and policies, it is impossible for me to 
 contemplate what needs to be done in the Federal administra 
 tion without an anxious sense of the difficulties of the under 
 taking. If summoned by the suffrages of my countrymen to 
 attempt this work, I shall endeavor, with God s help, to be the 
 efficient instrument of their will. 
 
LIV. 
 
 ADDRESS OF WELCOME TO THE SARATOGA 
 CONFERENCE. 1 
 
 GENTLEMEN OF THE CONFERENCE OF CHARITIES, As chief 
 magistrate of the State of New York, it is my pleasing office to 
 welcome you to this charming and fashionable resort, which is 
 fast becoming the shrine of political, social, and scientific pil 
 grimages. Two great conventions, forming an essential share 
 of the voluntary machinery by which the competitions of par 
 ties are- carried on, and elective government over a continent 
 is made possible, have recently held their sessions in this place ; 
 and to-day your Conference, connected with the Association 
 for the Advancement of Social Science, brings to this same 
 delightful retreat a class of men with very different objects, not 
 less important, more comprehensive in their scope, and more 
 permanent in their consequences. It brings here gentlemen 
 distinguished for their learning, for their accomplishments, 
 and for their benevolence. A conference of charities ! What 
 a noble rivalry is implied in these words. You are here, not 
 to further your own interests, not even to promote the material 
 well-being of those communities which you represent; but to 
 consider what can best be done to cure the wounds and mala 
 dies of society. What has thus far been accomplished toward 
 removing the evils of pauperism, crime, and insanity will be 
 disclosed to you when the regular reports of the committees 
 
 1 Delivered in the Town Hall at Saratoga, Sept. 5, 1876. 
 
1876.] ON CHARITY. 375 
 
 charged with these subjects shall come before you. I will not 
 anticipate them or trench upon their domain. My office is 
 simply to express to you the earnest sympathy, the strong 
 approval, and the spirit of co-operation of this great common 
 wealth, which I represent to-day. 
 
 In the past three centuries the progress of science has been 
 something marvellous. In astronomy, geology, physics, and 
 chemistry, and in all of those departments of science which 
 in modern phrase are comprehended under the name of " bi 
 ology," the achievements have been so vast that the earlier dis 
 coverers in science would have to go through a fresh novitiate 
 to understand what are now ascertained facts. Kepler and 
 Newton would scarcely comprehend the revelations of the mod 
 ern instruments that have been employed to discover the inte 
 rior constitution of the heavenly bodies. While they could 
 merely watch and define the general movements and explore 
 the surfaces of these bodies, it is given to us to discern their 
 mysteries. Priestley, Lavoisier, and even Davy would have to 
 go through new training to enable them to be called chemists. 
 In other departments of science the achievements have been 
 equally surprising. 
 
 By what means, by what methods, have these great results 
 been accomplished ? Was it by patient study, by diligent expe 
 riment, by researches persistently carried into the secret work 
 ing-places of Nature ? You will answer, it was not by these 
 means alone. It was in a large degree by the application of 
 scientific analysis and scientific methods to these inquiries. 
 Now you propose, gentlemen, to extend the application of this 
 method still farther, and to apply the same implements and 
 modes of inquisition to the problems of human society. I 
 congratulate you that, in doing it, you do it under the auspices 
 of the Society for the Promotion of Social Science. I feel quite 
 sure that you must derive instruction and aid at least that 
 you will absorb much that is interesting and that is valuable 
 from intercourse with the intelligent, cultivated gentlemen 
 who belong to that Association. You assume that the complex 
 
ST6 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 phenomena of society, its grand tides of movement, its succes 
 sions of changes, growth and decay of populations, mortality, 
 pauperism, crime, are capable of being analyzed, studied, and 
 reduced to formulas. Now, gentlemen, it seems to me that no 
 more interesting, no more important object of investigation 
 could be presented to the human mind. I am quite sure that 
 the application of the same philosophy which has achieved such 
 grand results elsewhere will astonish you, will astonish every 
 one, by the results which it will attain in this new department 
 to which it will be applied. Even those most uncertain things 
 that depend on the human will are capable of being studied, of 
 being analyzed, of being classified, and their results stated. 
 
 Human life has been held forth in the sacred writings and 
 in all ages as the most uncertain thing possible ; and yet, if 
 you will take a large number of individual lives and group 
 them, you can compute within a fraction their average dura 
 tion. In the great metropolis in which my home is, and its 
 immediate suburbs, there are something like half a million of 
 families. It would be scarcely probable that any one of those 
 families should know what food they will have upon their table 
 to-morrow ; and yet every one goes to market without concern, 
 without plan, even without purpose. They find everything 
 they desire to supply their wants or gratify their tastes, and 
 nothing of any importance is left at the end of the day. All 
 over this continent, in every part of it, myriads of busy hands 
 are preparing supplies for the great mart of traffic and centre 
 of population. In the immediate vicinity the articles of heavy 
 transport and small value are produced ; far off, in the blue- 
 grass region of Kentucky and Tennessee and on the broad 
 savannas of Texas, is being prepared the beef which every day 
 feeds this immense population. And in all these tens of thous 
 ands of producers there is no concert, no plan. No man knows 
 what his neighbors are to produce, no man knows who will buy 
 the products of his industry ; and yet all the results of their 
 production are sent forward to the market. All are in demand, 
 and all find every day an adequate sale. 
 
1876.] ON CHARITY. 377 
 
 Take even a broader field. Each one of our forty-five mil 
 lions of people is choosing what he desires to possess, to con 
 sume, to enjoy of the products of foreign climes. Each one 
 is proposing what he shall take from his own labor to pay for 
 what he purchases from abroad. There have been those who 
 have kept awake nights for fear that we should buy everything 
 from abroad and sell nothing, and therefore rapidly become 
 bankrupt. 
 
 [Addressing D. A. Wells, President of the Social Science 
 Association, Governor Tilden said : ] I believe you, Mr. Presi 
 dent, have been able to save yourself and rescue many others 
 from that apprehension. You have seen that it is not neces 
 sary for two or three hundred wise men in the city of Wash 
 ington to decide and specify what we shall sell and what we 
 shall buy in order to save us from the calamity which would 
 otherwise fall upon us. 
 
 Gentlemen, how is it that this great multitude of individual 
 wills and individual tastes, acting separately and independently, 
 find themselves averaged and compensated until everything 
 tends to and everything results in an equilibrium of forces ? 
 It is that the Divine Being has impressed upon everything 
 order, method, and law. Even the most divergent, even the 
 most uncertain, even those things in the individual taste which 
 we cannot foresee or calculate upon at all, when we group them 
 in large masses reduce themselves to intelligible forms. Now 
 I undersand that what you propose to do is to apply this same 
 method of investigation to pauperism, to crime, to insanity, and 
 to all those cases where governmental interference or govern 
 mental intelligence is deemed to be necessary. I do not doubt, 
 if you will study these subjects with attention, diligence, and 
 patience, that you will prove great benefactors, not only of this 
 community, but also of the whole country. I cannot conclude, 
 however, without one word of warning, and that is this. 
 
 The emotional and sympathetic mind, seeking out relief for 
 evil distinctly seen and strongly felt, looking perhaps upon 
 a specific evil with a view somewhat out of proportion to its 
 
378 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 relation to all the interests of society, and going to the public 
 treasury for a fund from which to gratify its humane and chari 
 table instincts, and not restrained by any consideration limit 
 ing its disposition or its power, no doubt tends sometimes to 
 extravagance in the public charities. I had occasion last year 
 and the year before to object to the magnificence of the pub 
 lic buildings being erected in this State for these purposes; 
 and the caution I wish to suggest to you to-day is this, that 
 while all the Heaven-born, God-given sentiments of humanity 
 may fairly have their scope in operating upon your minds and 
 your hearts to impel you to relieve evils of this character 
 which exist among us, you want, if possible, to unite in your 
 action, prudence, caution, frugality, and the economy of the 
 thorough man of business. In the interest of your charities 
 you should see that the funds consecrated to them be not 
 exhausted or consumed without the greatest possible results 
 being derived therefrom ; in the interest of society you should 
 see that the burdens for these objects do not become intoler 
 able. While we exercise every sentiment of humanity, while 
 we do all in our power to relieve misfortune, to overcome 
 evils, to apply discipline, and to enforce reformation, at the 
 same time we must bear in mind that the industrious millions 
 who keep out of the poorhouses and penitentiaries are also 
 entitled to the consideration and the care of the Government. 
 We must see to it that we do not foster, as in a hotbed, the 
 very evils which we seek to remove ; we must see to it that 
 our methods are well devised, are prudent, and are effective. 
 And if, as has sometimes been said in applying the method be 
 longing to the study of the physical sciences to social problems, 
 if, as has been said, that method in its application to the 
 physical sciences has tended to nurture too much reliance on 
 human intellect, and to draw us away from a natural dependence 
 on what is higher and better, when we come to apply this 
 method to social life, when we come to contemplate minutely, 
 as with a microscope, the wrongs, the frailties, and the weak 
 nesses of humanity, we should rectify that tendency, and 
 
1876.] ON CHARITY. 379 
 
 permit our minds to be led through these laws up to the 
 great Source from which all laws are derived. Gentlemen of 
 the Conference, for and on behalf of the people of the State 
 of New York, in your grand, noble, and benevolent work, I 
 bid you God speed. 
 
LV. 
 
 WAR CLAIMS AND THE REBEL DEBT. 
 
 NEW YORK, Oct. 24, 1876. 
 To the Hon. Abram S. Hewitt. 
 
 SIR, I have received your letter informing me that Repub 
 licans high in authority are publicly representing that " the 
 South desire, not without hope," to obtain payment for losses 
 by the late war, and to have " provision made for the rebel debt 
 and for the losses of slaves." As the payment of such losses 
 and claims was not deemed important enough to deserve the 
 notice of either Convention at the time it was held, you also 
 ask me to state my views in regard to their recognition by 
 the Government. Though disposed myself to abide by the 
 issue as made up already, I have no hesitation to comply with 
 your request. 
 
 The Fourteenth Amendment of the Constitution expressly 
 provides as follows, 
 
 " The validity of the public debt of the United States, authorized 
 by law, including debts incurred for payment of pensions and boun 
 ties for services in suppressing insurrection or rebellion, shall not 
 be questioned. But neither the United States nor any State shall 
 assume or pay any debt or obligation incurred in aid of insurrection 
 or rebellion against the United States, or any claim for the loss or 
 emancipation of any slave ; but all such debts, obligations, and 
 claims shall be held illegal and void." 
 
 This amendment has been repeatedly approved and agreed 
 to by Democratic State conventions of the South. It was 
 
1*76.] WAR CLAIMS AND THE REBEL DEBT. 381 
 
 .lanimously adopted as a part of the platform of the Demo- 
 c ;tic National Convention at St. Louis on the 28th of June, 
 and was declared by that platform to be " universally accepted 
 as a final settlement of the controversies that engendered civil 
 war." 
 
 My own position on this subject had been previously de 
 clared on many occasions, and particularly in my first Annual 
 Message of Jan. 5, 1875. In that document I stated that the 
 Southern people were bound by the Thirteenth, Fourteenth, 
 and Fifteenth Constitutional Amendments ; that they had 
 " joined at national conventions in the nomination of candi 
 dates and in the declaration of principles and purposes which 
 form an authentic acceptance of the results of the war 
 embodied in the last three amendments to the organic law 
 of the Federal Union, and that they had, by the suffrages of 
 all their voters at the last national election, completed the 
 proof that now they only seek to share with us and to main 
 tain the common rights of American local self-government in 
 a fraternal union, under the old flag, with c one Constitution 
 and one destiny. " 
 
 I declared at the same time that the questions settled 
 by the war are never to be reopened. " The adoption of the 
 Thirteenth, Fourteenth, and Fifteenth Amendments to the Fed 
 eral Constitution closed one great era in our politics. It marked 
 the end forever of the system of human slavery and of the 
 struggles that grew out of that system. These amendments 
 have been conclusively adopted, and they have been accepted 
 in good faith by all political organizations and the people of all 
 sections. They close the chapter ; they are and must be final ; 
 all parties hereafter must accept and stand upon them ; and 
 henceforth our politics are to turn upon questions of the present 
 and the future, and not upon those of the settled and final 
 past." 
 
 Should I be elected President, the provisions of the Four 
 teenth Amendment will, so far as depends on me, be main 
 tained, executed, and enforced in perfect and absolute good faith. 
 
382 THE WORKS OF SAMUEL J. TILDEN. [1876. 
 
 No rebel debt will be assumed or paid. No claim for the loss or 
 emancipation of any slave will be allowed. No claim for any 
 loss or damage incurred by disloyal persons, arising from the 
 late war, whether covered by the Fourteenth Amendment or not, 
 will be recognized or paid. The cotton tax will not be refunded. 
 I shall deem it my duty to veto every bill providing for the as 
 sumption or payment of any such debts, losses, damages, claims, 
 or for the refunding of any such tax. 
 
 The danger to the National Treasury is not from claims of 
 persons who aided the rebellion, but from claims of persons 
 residing in the Southern States, or having property in those 
 States, who were, or pretended to be, or who for the sake of 
 establishing claims now pretend to have been, loyal to the Gov 
 ernment of the Union. Such claims, even of loyal persons, 
 where they accrue from acts caused by the operations of war, 
 have been disowned by the public law of all civilized nations, 
 condemned by the adjudications of the Supreme Court of the 
 United States, and only find any status by force of specific 
 legislation of Congress. These claims have become stale, and 
 are often tainted with fraud. They are nearly always owned 
 in whole or in part by claim agents, by speculators, or by lobby 
 ists, who have no equity against the taxpayers or the public. 
 They should in all cases be scrutinized with jealous care. 
 
 The calamities to individuals which were inflicted by the late 
 war are for the most part irreparable. The Government cannot 
 recall to life the million of our youth who went to untimely 
 graves, nor compensate the sufferings or sorrow of their rela 
 tives or friends. It cannot readjust between individuals the 
 burdens of taxation hitherto borne, or of debts incurred to sustain 
 the Government which are yet to be paid. It cannot apportion 
 anew among our citizens the damages or losses incident to 
 military operations, or resulting in every variety of form from 
 its measures for maintaining its own existence. It has no safe 
 general rule but to let bygones be bygones ; to turn from the 
 dead past to a new and better future ; and on that basis to 
 
1876.] WAR CLAIMS AND THE REBEL DEBT. 383 
 
 assure peace, reconciliation, and fraternity between all sections, 
 classes, and races of our people, to the end that all the springs 
 of our productive industries may be quickened, and a new 
 prosperity created, in which the evils of the past shall be 
 forgotten. 
 
 Very respectfully yours, 
 
 SAMUEL J. TILDEN. 
 
LVL 
 
 WHEN Congress convened in the winter of 1876-1877, with 
 the duty of counting the electoral votes for President and Vice- 
 President, it appeared that there were 184 uncontested electoral 
 votes for Samuel J. Tilden for President and for Thomas A. 
 Hendricks for Vice-President, 165 uncontested electoral votes 
 for Rutherford B. Hayes for President and William H. Wheeler 
 for Vice-President, and 20 votes in dispute. One hundred and 
 eighty-five votes were necessary for a choice ; consequently one 
 additional vote to Tilden and Hendricks would have elected 
 them, while twenty additional votes were required for the 
 election of the rival candidates. The whole election therefore 
 depended upon one electoral vote. This gave to the mode of 
 counting the vote an importance which it had never possessed 
 at any of the twenty-one previous elections in the history of 
 our Government. 
 
 The provisions of the Constitution relating to the mode of 
 counting the vote were sufficiently vague to furnish a pretext 
 for some diversity of opinion upon the subject where there was 
 such a tremendous temptation to find one ; and the doctrine was 
 freely advanced by partisans of the Republican candidates that 
 in case the two Houses could not agree, the final counting would 
 devolve upon the President of the Senate. That they would 
 not agree was assumed ; a majority of the Senate being Repub 
 licans, and a majority of the Lower House being Democrats. . 
 As the President of the Senate was a Republican and a strong 
 partisan, it became important to supplement the somewhat 
 vague provisions of the Constitution by an appeal to the usages 
 and traditions of the Government, for the purpose of deducing 
 from them such general rules on this subject as had proved of 
 universal acceptation. To this task Mr. Tilden addressed him- 
 
i8 7 ; ] WHO COUNTS THE ELECTORAL VOTE? 385 
 
 self as soon as the exigency arose. He caused the records of 
 Congress to be explored and all the debates relating to the 
 counting of the electoral votes, from the first election of Wash 
 ington in 1789 to the election of Grant in 1872, to be copied 
 out ; and then proceeded to summarize the lessons of these 
 several precedents, which, with the debates, were printed and 
 placed on the table of each member of Congress before any 
 final action had been taken. l In his " Analytical Introduc 
 tion," which follows, Mr. Tilden demonstrated : 
 
 1. That the exclusive jurisdiction of the two Houses to count 
 the electoral votes by their own servants and under such in 
 structions as they might deem proper to give, has been asserted 
 from the beginning of the Government. 
 
 2. That the President of the Senate, although he has uni 
 formly, in person or by some substitute designated by the Senate, 
 performed the constitutional duty of opening the electoral 
 votes, has never in a single instance attempted to go a step 
 beyond that narrow and limited function ; has in no instance 
 attempted to determine what votes he should open ; but has 
 opened all and submitted them to the action of the two Houses, 
 unless required to omit particular votes by their concurrent 
 orders. 
 
 3. That the two Houses have not only always exercised ex 
 clusively the power to count the electoral vote in such manner 
 and by such agents as they might choose to do it, but they have 
 exercised the right to fix and establish the methods of procedure 
 by standing rules. 
 
 The demonstration was so plain, and the argument from 
 precedent so irresistible, that the project of leaving the electoral 
 votes to be counted by the President of the Senate was aban 
 doned, and a new device employed, in which the concurrence 
 of the two Houses was secured. 
 
 1 The Presidential Counts : A Complete Official Record of the Proceedings of 
 Congress at the Counting of the Electoral Votes in all the Elections of President 
 and Vice-President of the United States, together with all Congressional Debates 
 incident thereto or to Proposed Legislation upon that Subject ; with an Analytical 
 Introduction. New York : D. Appleton & Co., 1877. 
 
 VOL. ii. 25 
 
WHO COUNTS THE ELECTORAL VOTE? 
 
 THERE have been twenty-one Presidential elections under our 
 Federal Constitution ; but until now the methods of canvassing 
 the electoral votes at the seat of government have never pre 
 sented questions of much practical importance, except so far 
 as they established precedents for the future. 1 
 
 The main result of the Federal canvass, whenever there has 
 been an election by the people, has always been known in 
 advance of the meeting of Congress ; and though questions as 
 to the authenticity or validity of votes have repeatedly arisen, 
 their solution has in no instance hitherto made any practical 
 difference with the result. 
 
 Now, for the first time, the disputed votes may decide the 
 result of the election. There are one hundred and eighty-four 
 
 1 The Congress of the Confederation, on the 28th of September, 1787, directed 
 that the Constitution, with certain resolutions adopted by the Convention on the 
 17th of September, 1787, be transmitted to the legislatures of the several States, 
 to be submitted to conventions of the people thereof. One of those resolutions is 
 in the following words : 
 
 " Resolved, That it is the opinion of this Convention that as soon as the conven 
 tions of nine States shall have ratified this Constitution, the United States, in 
 Congress assembled, should fix a day on which electors should be appointed by the 
 States which shall have ratified the same, and a day on which the electors should 
 assemble to vote for the President, and the time and place for commencing pro 
 ceedings under this Constitution ; that after such publication the electors should 
 be appointed, and the senators and representatives elected ; that the electors 
 should meet on the day fixed for the election of the President, and should trans 
 mit their votes, certified, signed, sealed, and directed, as the Constitution requires, 
 to the Secretary of the United States in Congress assembled ; that the senators 
 and representatives should convene at the time and place assigned; that the 
 senators should appoint a President of the Senate for the sole purpose of receiving, 
 opening, and counting the votes for President ; and that after he shall be chosen, 
 the Congress, together with the President, should, without delay, proceed to 
 execute the Constitution." 
 
IS;?-] WHO COUNTS THE ELECTORAL VOTE? 387 
 
 uncontested votes on one side, one hundred and sixty-five on 
 the other, and twenty in dispute. It will be necessary for the 
 constituted authorities, in some instances, to pass upon the 
 authenticity or validity of duplicate electoral certificates from 
 the same States. Where the authority lies that is to decide 
 such an issue has thus become a question of the gravest 
 import ; for upon it may depend not merely the control of this 
 government during the next Presidential term, but the perpet 
 uity of our political institutions and the confidence of our 
 people and of all mankind in the elective system and in the 
 principle of popular sovereignty. 
 
 The provisions of the Constitution furnish a pretext for 
 some diversity of opinion upon this subject, especially when it 
 is investigated under the glamour of fervid partisanship, and 
 when the choice of candidates may depend upon the interpre 
 tation those provisions receive. The Constitution provides that 
 the certificates of the votes given by the electors, which are 
 transmitted to the seat of government, shall be delivered to 
 the President of the Senate, and that the President of the 
 Senate shall, in the presence of the two Houses of Con 
 gress, open all the certificates, and that " they shall then be 
 counted." 
 
 By whom the votes shall be counted ; how far the counting 
 is a simple matter of enumeration ; and how far it involves the 
 additional duty of determining the authenticity and validity 
 of the certificates presented, are questions in the solution of 
 which the practice of the Government is our best guide. 
 Attempts have been made at various times to secure supple 
 mentary legislation to meet the exigency which is now pre 
 sented to the country ; but none of these efforts were fortunate 
 enough to unite a majority of the Federal legislature in its 
 favor. The difficulty now has to be met under aggravated 
 disadvantages. The two Houses are divided in their prefer 
 ences for the respective candidates. Questions will be raised 
 as to the authenticity or validity of some of the electoral certi 
 ficates to be presented, upon the reception or rejection of which 
 
388 THE WORKS OF SAMUEL J. TILDEN. [1877- 
 
 the result of the election may finally depend. In view of the 
 difficulties which our legislators will experience, with two great 
 armies of more or less heated partisans behind them, in legis 
 lating upon this subject with suitable impartiality, it is the 
 disposition and it will be the manifest duty of every patriotic 
 member of our Federal legislature to adhere as closely as 
 possible to the precedents which have been sanctioned by time 
 and continuous usage. A less auspicious moment for engaging 
 in experiments and for introducing new methods of canvassing 
 the electoral vote could scarcely be imagined. The wisest 
 devices which have not the sanction of precedent would now 
 fall a prey to merited suspicion and distrust. 
 
 It is in deference to this conviction that the following com 
 pilation is submitted to the public. It is intended to embrace 
 a perfect and complete record of the canvass in the two Houses 
 of Congress, with all the debates to which they have given 
 rise, taken from the official reports. Scattered as the originals 
 are, through some forty or fifty cumbrous and not readily acces 
 sible volumes, it would be a task which very few could or 
 would undertake, to make themselves even tolerably familiar 
 with the way in which this quadrennial duty of the two Houses 
 of Congress has been discharged hitherto. 
 
 By the aid of this compilation, however, no one interested in 
 the subject will have a good excuse for remaining in ignorance 
 of the precedents which have been established, and in accor 
 dance with which it is to be presumed all proceedings at this 
 final canvass of the electoral vote cast in 1876 will be con 
 ducted. For the convenience of those who may have occasion 
 to investigate this subject, the more important usages or prece 
 dents which the practice of nearly a century has established 
 in regard to the methods of opening, counting, and announcing 
 the result of the electoral votes for President and Vice-President 
 of the United States will be here recapitulated. 
 
 The Constitution provides that the electors of President and 
 Yice-President shall " transmit " the certificates of their votes 
 to the seat of the government, " directed to the President 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 389 
 
 of the Senate ; " and that " the President of the Senate shall, 
 in the presence of the Senate and House of Representa 
 tives, open all the certificates, and the votes shall then be 
 counted." 
 
 At the first organization of the Government, in 1789, there 
 
 being no President of the Senate, a provisional Temporary expe 
 dient for the first 
 
 arrangement was necessary. The votes had been counting in 1739. 
 transmitted to the secretary of the Congress of the old Confed 
 eration. The senators, on assembling in conformity to the sug 
 gestion made by a resolution of the Convention of 1787, chose a 
 President " for the sole purpose of opening the certificates and 
 counting the votes" of the electors, appointed one teller, and 
 sent a message informing the House of their action and their 
 readiness to proceed to the count of the votes. The House ap 
 pointed two tellers, and assembled with the Senate. The reso 
 lution of the Senate, while declaring that its special President 
 had been appointed for the sole purpose of opening the certifi 
 cates and counting the electoral votes, did not designate the 
 person or persons by whom the votes should be counted. It 
 might have been their intention that while the President of 
 the Senate should open the packages, the two Houses when con 
 vened should count the votes themselves, or determine by whom, 
 they should be counted. This would reflect completely the sense 
 of the resolution which stated the purposes of the meeting, 
 but not the agents who were to execute those purposes. The 
 President of the Senate, however, reported to the two Houses 
 that they had met and that he had opened and counted the 
 votes. The election of Washington as President was unani 
 mous, and everything was done rather as a formality, and 
 without debate as without deliberation. The counting involved 
 nothing beyond a mere computation ; and even that meagre 
 power, so far as exercised by the special President, was not 
 assumed as an official right, but was derived from an ex 
 press resolution of the Senate and the assent of the House. 
 The counting was done under a special appointment for 
 that sole purpose before the Senate had elected its President 
 
390 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 pro tempore. In the nature of the case, what was done on that 
 occasion can have no authority as a precedent. 
 
 At the second election, in 1793, the two Houses estab- 
 Reguiar mode of lished a regular procedure for the counting of 
 
 procedure estab- , -. , . , , 
 
 lished in 1793. the electoral votes, a procedure which has been 
 substantially followed ever since. They assumed and exercised 
 the power of prescribing by concurrent resolutions of the two 
 Houses a mode of counting. 
 
 That mode was devised and reported by a joint committee 
 of the two Houses. The committee was raised under concur 
 rent resolutions charging them, among other things, with this 
 duty : 
 
 February, 1793, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 2. 
 
 February, 1797, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 5. 
 
 January, 1801, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 10. 
 
 February, 1805, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 19. 
 
 February, 1809, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 22. 
 
 February, 1813, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 26. 
 
 February, 1817, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 29. 
 
 February, 1821, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 34. 
 
 February, 1825, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 86. 
 
 February, 1829, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 89. 
 
 February, 1833, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 90. 
 
 February, 1837, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 98. 
 
 February, 1841, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 98. 
 
 February, 1845, " to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 100. 
 
1877] WHO COUNTS THE ELECTORAL VOTE? 391 
 
 February, 1849, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 104. 
 
 February, 1853, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 107. 
 
 February, 1857, " to ascertain and report a mode for examining 
 the votes for President and Vice-President," p. 112. 
 
 February, 1861, " to ascertain and report a mode for examining 
 the votes for President and Vice-President," p. 170. 
 
 January, 1865, "to ascertain and report a mode of examining 
 the votes for President and Vice-President," p. 257. 
 
 On all occasions prior to 1865 the mode reported was for 
 that election only. In 1865 the joint committee reported a 
 permanent standing rule, called " the twenty-second joint rule," 
 which governed the counts in 1865, 1869, and 1873. 
 
 The phrase " mode of examining the votes " imports a verifi 
 cation, to some extent, of the votes. The resolutions included 
 some other objects, always the notification of the persons 
 elected, until 1865, when, on the adoption of the twenty-second 
 joint rule, the notification was by a separate resolution ; often 
 the " regulating the time, place, and manner of administering 
 the oath to the President ; " sometimes, as in 1857, the question 
 of ineligible electors ; or, as in 1821, 1837, 1857, and 1869, the 
 dealing with disputed votes. 
 
 Every one of these resolutions asserts the rightful power of 
 the two Houses over the counting ; and that power was as 
 serted in twenty-one successive elections without denial or 
 question. Every one of these resolutions is incompatible with 
 the existence of any power whatever over the subject on the 
 part of the President of the Senate. If he had a constitutional 
 right to govern the count, no one of these resolutions would 
 have been valid. 
 
 After the mode of examining the votes was " ascertained 
 and reported " by the committees, the two Houses, by concur 
 rent resolution, have adopted the mode finally agreed upon. 
 They have not only asserted their power over the counting in 
 the creation of those committees, but in all cases have again 
 asserted it by a formal and authoritative adoption of the 
 
392 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 work of the committees by concurrent resolution of the two 
 Houses. 
 
 The resolution prescribing the mode of counting has always 
 begun by fixing the time and place of the joint meeting of 
 the two Houses for the purpose of counting the electoral 
 votes. 
 
 The places of meeting to count the electoral votes have been 
 Places of meeting determined invariably by a joint resolution of the 
 of the two Houses. two Houses. At the two elections of General 
 Washington they met in the Senate Chamber. At the election 
 of John Adams the Senate joined the House in the Hall of the 
 Representatives. At the several elections of Thomas Jeffer 
 son, in 1801 and 1805, the two Houses met in the Senate 
 Chamber. Since then they have invariably met in the Hall 
 of the Representatives, making four times in the Senate 
 Chamber, and seventeen times in the Hall of the Repre 
 sentatives. 
 
 The resolutions prescribing the mode of counting have al- 
 Appointment of ways contained a provision that one teller on the 
 
 tellers by the two 
 
 Houses/ part of the Senate, and two tellers on the part 
 
 of the House of Representatives, should be appointed; and in 
 every counting of the electoral votes since the formation of 
 the Government, two tellers have acted for the House of Rep 
 resentatives and one teller has acted for the Senate. Even in 
 the anomalous counting of 1789, that was so. At every count 
 ing, from 1793 to 1873, inclusive, the House by a resolution 
 has appointed two tellers and the Senate has appointed one 
 teller. In the language of Senator Boutwell, 1 "the tellers 
 were the organs, the instruments, the hands of the respective 
 Houses ; the votes were counted by the tellers, and, being 
 counted by the tellers, they were counted by the two Houses ; 
 and therefore there never has been any different practice, 
 and no different practice could have arisen under the Con 
 stitution. The two Houses in convention have from the first 
 until now counted the votes." 
 
 1 March 13, 1876; see Proposed Changes, p. 11. 
 
I877-] WHO COUNTS THE ELECTORAL VOTE? 393 
 
 The fact that the tellers have always been appointed by the 
 two Houses, have held these trusts at the pleasure of the two 
 Houses, subject to their orders and instructions, and wholly free 
 from the control of the President of the Senate, is of itself 
 decisive in favor of the right of the Houses to count the votes, 
 and is equally decisive against any pretension on the part 
 of the President of the Senate to govern or in any manner to 
 interfere with the counting. 
 
 At every counting, from 1793 to 1861, inclusive, the reso 
 lutions adopted by the two Houses have denned . 
 
 Function of the 
 
 the duty of the tellers to be, tellers. 
 
 1. " To make a list of the votes as they shall be declared." 
 
 2. "The result shall be delivered to the President of the 
 Senate." 
 
 In practice, the tellers have read the votes, one by one, after 
 they have been opened or the seals sometimes broken, some 
 times unbroken, by the presiding officer, or in some instances 
 the packages with unbroken seals handed over by the presiding 
 officer ; have read each certificate in full to the two Houses, 
 which, in the phraseology of the resolutions, is the " declaring " 
 of the vote in each certificate, and is sometimes so called in 
 the journals ; have entered each vote so declared upon a list ; 
 and then have delivered the result to the presiding officer. 
 
 The joint rule governing the counting in 1865, 1869, and 
 1873 defines the function of the tellers as follows : 
 
 " One teller shall be appointed on the part of the Senate and 
 two on the part of the House of Representatives, to whom shall be 
 handed, as they are opened by the President of the Senate, the 
 certificates of the electoral votes ; and said tellers, having read the 
 same in the presence and hearing of the two Houses then assembled, 
 shall make a list of the votes as they shall appear from the said 
 certificates ; and the vote having been counted, the result of the 
 same shall be delivered to the President of the Senate." 
 
 It is to be observed that the phraseology of the joint rule deems 
 the counting to be completed while the certificates are in the 
 hands of the tellers, after they have been opened and handed 
 
394 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 to the tellers, and before the result has been delivered to the 
 presiding officer. It is to be observed also that all questions 
 as to the authenticity or validity of any vote must be raised 
 and must be submitted to and determined by the two Houses 
 before the votes have left the hands of the tellers. That has 
 been the invariable practice from the beginning of the Gov 
 ernment in every case of a disputed vote. That practice was 
 denned and stated and adopted in the joint rule established 
 in 1865; it was expressed as follows: 
 
 " If upon the reading of any such certificate by the tellers any 
 question shall arise in regard to counting the votes therein cer 
 tified, the same having been stated by the presiding officer, the 
 Senate shall thereupon withdraw, and said question shall be sub 
 mitted to that body for its decision; and the Speaker of the 
 House of Representatives shall in like manner submit said ques 
 tion to the House of Representatives for its decision ; and no 
 question shall be decided affirmatively, and no vote objected to 
 shall be counted, except by the concurrent votes of the two 
 Houses, which being obtained, the two Houses shall immedi 
 ately reassemble, and the presiding officer shall then announce 
 the decision of the question submitted; and upon any such 
 question there shall be no debate in either House. And any 
 other question pertinent to the object for which the two 
 Houses are assembled may be submitted and determined in like 
 manner." 
 
 As to the implied custody of the votes before the counting, 
 the Constitution (Amendments. Article XII. 
 
 Functions of the 
 
 President of the Section 1) provides that the electors "shall 
 
 Senate in respect . 
 
 to counting the transmit" the certified lists 01 their votes for 
 
 electoral votes. . _ , 
 
 President and Vice-President " sealed to the 
 seat of government of the United States, directed to the 
 President of the Senate." 
 
 The statute of 1792 provides that " in case there shall be no 
 President of the Senate at the seat of government on the 
 arrival of the persons intrusted with the certificates of the 
 votes of the electors, then such persons shall deliver such cer 
 tificates into the office of the Secretary of State, to be safely 
 
IS;?-] WHO COUNTS THE ELECTORAL VOTE? 395 
 
 kept, and delivered over as soon as may be to the President of 
 the Senate." 1 
 
 The Constitution (Article XI. Section 1, Sub-section 3, and 
 Amendment 12, Section 1) provides that " the As to the opening 
 President of the Senate shall, in the presence of the of the votes - 
 Senate and House of Representatives, open all the certificates." 
 
 At the time the provision that the sealed packages of votes 
 to be transmitted by the electors to the seat of government and 
 addressed to the President of the Senate came before the Con 
 vention of 1787, it was a part of the scheme that the President 
 of the Senate should open all the certificates in the Senate, and 
 that the votes should then and there be counted ; and that 
 in the event of a failure of choice by the electoral colleges, 
 the Senate should immediately elect both the President and 
 Vice-President. 2 
 
 The report of the committee was modified by providing that 
 the President of the Senate should open all the certificates 
 "in the presence of the Senate and the House of Represen 
 tatives ; " and then the election of President, on the failure of 
 a choice by the colleges, was taken away from the Senate and 
 given to the House of Representatives. 3 But the power, on a 
 failure of a choice by the colleges, to elect the Yice-President, 
 remained in the Senate. The requirement that the certificates 
 transmitted to the seat of government should be addressed to 
 the President of the Senate under seal, and that the packages 
 should be opened in the presence of the official bodies which 
 were to take jurisdiction of the facts and remedy any failure 
 in the choice by the electoral colleges, was allowed to stand. 
 These provisions were intended to secure the votes given by the 
 electors at their meetings in the several States from being tam 
 pered with, until they should come into the actual possession of 
 the two Houses. 
 
 The House of Representatives and the Senate had not only a 
 right, but also a duty and an official necessity, to know in the 
 
 1 Rev. Stat. sec. 145, p. 22. 2 Sept. 4, 1787 ; 5 Elliott, p. 507. 
 
 3 5 Elliott, pp. 518, 519, 520. 
 
396 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 most authentic manner the result of the votes given in the elec 
 toral colleges. In the first place, the House of Representatives, 
 on the failure of a choice of President by the electoral colleges, 
 was charged with the duty of electing the President. The fact 
 of the failure of the colleges, as specified and defined in the 
 Constitution, was the sole basis of the jurisdiction of the House 
 to act. Its own means of " examining the votes for President 
 and Vice-President " (such is the language of all the concur 
 rent resolutions of the two Houses from 1798 to 1865, and of 
 the joint standing rule by which they were replaced in 1865) 
 was the only evidence provided by the Constitution of the fact 
 on which the House acquired jurisdiction. 
 
 No judgment, certification, or act of any other official body 
 was interposed as a condition. The House is a witness of the 
 opening of the certificates ; it is an actor in the counting of 
 the votes by its own tellers and in its presence. " And if no 
 person have " a " majority " of " the electors appointed, then 
 from the persons having the highest numbers, not exceeding 
 three, in the list of those voted for as President, the House of 
 Representatives shall choose immediately by ballot the Presi 
 dent." Such is the imperative command of the Constitution. 
 And when the House has acted in such a case, there is no 
 review of its action, nor any appeal from its decision. 
 
 The Senate has a similar jurisdiction, on the failure of a 
 choice of Vice-President by the electoral colleges, to elect the 
 Vice-President. It has the same right, duty, and official 
 necessity to know the result of the votes. 
 
 In the second place, the two Houses of Congress have all the 
 powers of verification of the electoral votes and their results 
 which the Constitution and the laws supply or allow. Nobody 
 else in the Federal Government has any such powers. The 
 two Houses have always themselves made the count, and 
 regulated its process and procedure by concurrent resolution 
 applicable to each particular election until 1865. Then they 
 did so by a standing joint rale. Doubtless they may do so, 
 within constitutional limits, by legislation. 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 397 
 
 They are the most appropriate and the safest depositary of 
 such powers in this respect as are to be exercised by the 
 Federal Government. The Convention of 1787, until nearly 
 the close of its deliberations, adhered to the plan of intrusting 
 the election of President to the two Houses of Congress. 
 When it finally adopted the system of electors chosen by the 
 people or legislatures of the States it still, in case of a failure 
 of choice by the electors, vested the election of President in the 
 House, and of the Yice-President in the Senate. Those bodies 
 are the general representatives of the people, and the deposita 
 ries of the legislative powers of the Government. No better, 
 wiser, or safer trustees of the power to count the electoral votes 
 can be found in the nature of human affairs. 
 
 The President of the Senate has no constitutional power, by 
 virtue of his office as such president, to do anything in respect 
 to the counting but " to open all the certificates " in the pres 
 ence of the two Houses. He has never done anything further 
 except by virtue of an express grant of authority conveyed in 
 concurring resolves or orders from the two Houses. 
 
 The House of Representatives has never parted with its 
 right to retain its own presiding officer or to p res idin g at the 
 insist that its consent is necessary to the tern- ^ oint meetin s- 
 porary appointment of a presiding officer for the two Houses. 
 There is no constitutional provision nor any law giving the 
 President of the Senate the right to preside over the two Houses 
 when sitting together at the counting of the electoral votes. 
 The two Houses assemble, not in the individual capacity of the 
 members, but in the official capacities of those bodies; they 
 assemble as a Senate and House of Representatives. If no 
 positive provision for one presiding officer is made, the Speaker 
 would preside over the House of Representatives. At the first 
 five elections nothing is said in the recorded proceedings about 
 a presiding officer. At Jefferson s second election the Speaker 
 is described as occupying a seat " on the floor on the right side 
 of the President of the Senate," one of the exceptional cases 
 in which the two Houses met in the Senate Chamber. 
 
398 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 At Madison s first election, in 1809, John Randolph, a 
 member of the House, objected to the President of the Senate 
 being permitted to occupy the Speaker s chair without the 
 formal invitation or permission of the House. Thereupon a 
 motion was made and passed that when the members of the 
 Senate were introduced, the Speaker should relinquish the 
 chair to the President of the Senate. Mr. Randolph then 
 made a motion, which was adopted, that the Senate be notified 
 of this vote by a message, to show that its President would 
 occupy the Speaker s chair by courtesy, and not of right. " If 
 not," he said, " it might appear that the President of the Senate 
 took the chair as a matter of right. He said he knew that to 
 many persons matters of this sort appeared to be of minute 
 importance ; but in everything touching the privileges of this 
 House as it regarded the claims of the other co-ordinate branches 
 of the Government, he would stickle for the ninth part of a hair. 
 It was well known that in England the privileges of the Com 
 mons had been gained inch by inch from the kings and nobles 
 by a steady perseverance ; and that man must have very little 
 knowledge of mankind indeed who was not persuaded that 
 those privileges might be lost, as they were gained, by gradual 
 and imperceptible encroachment on the one hand, and tacit 
 yielding on the other." At the succeeding election of Madison, 
 in 1813, no resolution was adopted on this subject; but the 
 record shows that " a message from the House of Represen 
 tatives informed the Senate that the House is now ready to 
 attend the Senate in opening the certificates and counting the 
 votes of the electors of the several States in the choice of a 
 President and Vice-President of the United States, in pursu 
 ance of the resolution of the two Houses of Congress, and that 
 the President of the Senate will be introduced to the Speaker s 
 chair by the Speaker of the House of Representatives." 
 
 In the joint session of the two Houses in 1817, Mr. John W. 
 Taylor, an experienced parliamentarian, at one time Speaker 
 of the House, addressed himself to the Speaker of the House ; 
 and Mr. J. B. Varnum, of the Senate, also an experienced par- 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 399 
 
 liamentarian, at one time President pro tempore of the Senate, 
 addressed himself to the President of the Senate : thus respect 
 ing the separate existence and action of the two Houses, even 
 when assembled in joint session. 
 
 At Monroe s second election, in 1821, when the two Houses 
 were involved in the Missouri controversy, a resolution of the 
 Senate, adopted February 13, prescribing the mode of counting, 
 provided that at the joint session the President of the Senate 
 should preside. But the resolution, reported to the House by 
 Mr. Clay, the great pacificator on that perilous occasion, pro 
 vided that " the President of the Senate, seated on the right of 
 the Speaker of the House, shall be the presiding officer of the 
 Senate, and the Speaker shall be the presiding officer of the 
 House." This resolution was adopted on the 13th of Feb 
 ruary. Mr. Clay afterward offered a resolution, which was 
 adopted, appointing a committee of two " to receive the Senate, 
 conduct the President of the Senate to the chair, and the mem 
 bers to the seats assigned to them." The President of the Sen 
 ate was conducted to the Speaker s chair, and the Speaker took a 
 chair at his left hand. When the other votes had been counted, 
 and the votes of Missouri were announced and handed to the 
 tellers, a member objected to receiving the vote of Missouri, on 
 the ground that Missouri was not a State of the Union. The 
 motion was thereupon made by a Senator that the Senate do now 
 withdraw to its chamber ; which was carried, and the Senate with 
 drew accordingly. At the close of a debate in the House, Mr. 
 Storrs demanded the reading of the resolution of the House pre 
 scribing the mode of counting compared with that of the Senate. 
 An explanation then came out that the retirement of the Senate 
 from the joint session was caused by the discovery of the dis 
 crepancy between the two resolutions. Afterward the House 
 sent a message to the Senate for the purpose of continuing the 
 enumeration of the electoral votes according to the joint resolu 
 tion which had been adopted, and the Senate returned to the 
 joint session. The counting was completed, and the vote of 
 Missouri counted under the concurrent resolution providing for 
 
400 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 an alternative enumeration of the votes with Missouri excluded 
 and with Missouri included. The session continued under the 
 House resolution, the two Houses acting under their respective 
 presiding officers. On this same occasion the President of the 
 Senate occupied the Speaker s chair by virtue of an express 
 provision in the joint resolution on procedure. In defence of 
 this feature of the programme, Mr. Clay, who was chairman of 
 the committee which reported it, said : " As convenience ren 
 dered it necessary for the Senate to meet this House here in its 
 own hall, it was due to that body by courtesy and propriety 
 that the President should be invited to preside, he being the 
 officer designated by the Constitution to perform a certain duty 
 appertaining to the occasion which called the two Houses 
 together." 
 
 At the election of John Q. Adams, in 1825, the President of 
 the Senate was invited to a seat on the right hand of the 
 Speaker of the House. In this case the tellers, after the votes 
 had all been opened and counted, "left the clerk s table ; and 
 presenting themselves in front of the Speaker, Mr. Tazewell 
 delivered their report of the votes given, which was then handed 
 to the President of the Senate ; " it being the evident intent of 
 the teller, Tazewell, to recognize the Speaker of the House as 
 no less a presiding officer than the President of the Senate. 
 
 At Jackson s first election, in 1829, no resolution was passed 
 in regard to the presiding officer ; but the record shows that 
 the Vice-President " seated himself at the right hand of the 
 Speaker." 
 
 At Jackson s second election, also, there was no provision 
 for a presiding officer in the concurrent resolution ; but on that 
 occasion the President of the Senate occupied the Speaker s 
 chair. 
 
 The President of the Senate has occupied the Speaker s 
 chair at every one of the ten Presidential elections which have 
 succeeded the election of 1833, but in every instance except 
 one by virtue of the express authority of a joint resolution of 
 the two Houses, and never as a matter of right. 
 
IS.;;] WHO COUNTS THE ELECTORAL VOTE? 401 
 
 On some occasions the concurrent resolutions have in terms 
 conferred the duty of presiding on the President pro tempore ; 
 sometimes when the Vice-Presidency has been vacant; and 
 sometimes when it has not been vacant. The result is that 
 the power of the two Houses to designate the presiding officer 
 at the joint session has been always recognized, and frequently 
 exercised ; and it is only by express or tacit consent that the 
 usual and regular mode of acting by the respective presiding 
 officer is waived and a single presiding officer designated. 
 
 The function of the two Houses, when sitting together, has 
 been carefully and jealously restricted to the mere counting ; 
 and all debate and all voting have been uniformly excluded. 
 Whenever it became necessary to entertain debate or to vote, 
 the Houses have generally separated, and acted in their re 
 spective chambers. When they have acted at all while assem 
 bled in the same hall, they have acted separately, and under 
 their respective presiding officers. The result is that though 
 the semblance of a presiding officer has been generally given 
 to the President of the Senate while the mechanical process 
 of counting was going on, he has really exercised none of the 
 functions usually attributed to the presiding officer of a 
 deliberative body. 
 
 The President of the Senate has no authority, by virtue of 
 his office as such President, to announce the Announcing to 
 result of the count of electoral votes made by ^ SS e House8 
 the two Houses of Congress assembled in joint of the vote - 
 convention. Even where he has been expressly designated 
 as their presiding officer by concurrent resolves or orders of 
 the two Houses, he has never exercised any authority to an 
 nounce the result of the count by virtue of his function as 
 the presiding officer. In every case, from 1793 to the present 
 time, whatever power he has exercised in this respect has 
 been expressly granted, defined, and limited by provisions of 
 the concurrent resolutions prescribing the mode of counting 
 the electoral votes on each particular occasion. In one well- 
 known case (in 1821) this power of announcement was granted 
 
 VOL. ii. 26 
 
402 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 to him by the House when he did not, but the Speaker did, 
 preside over the House. No doubt, in the orderly course of 
 business in a legislative body, its vote would usually be an 
 nounced to it by its presiding officer; but that is simply 
 because such is a convenient practice. The Speaker is the cus 
 tomary organ of the House for such purposes ; but it is quite 
 certain that in performing such a function he acts by the order 
 of the House, and is subject to its commands. It is no less cer 
 tain that the House can appoint some other organ to exercise 
 this function if it chooses. If it may do so in respect to its 
 own vote, still more may it do so in respect to the result of a 
 count of votes of the electoral colleges made by it through its 
 tellers. Now it has so happened that in every case, from 1793 
 to the present time, the two Houses, assembled in joint con 
 vention for the purpose of counting the electoral votes, have 
 expressly prescribed the rules which have governed the an 
 nouncement of the result of such a count. They have from 
 time to time revised some of the rules which they have applied ; 
 but they have always prescribed rules which have been obeyed 
 and have uniformly governed their proceedings. 
 
 In every case the two Houses have provided that the count 
 should be by tellers of the two Houses, who have frequently 
 been specially instructed by the two Houses as to how they 
 should count, what votes they should admit, and what votes 
 they should not admit. In every case they have prescribed 
 that it was only after the votes had been publicly examined 
 and ascertained before the two Houses ; after they had been 
 entered on a list ; read to the two Houses and the results of 
 the enumeration on the lists computed, after the results so 
 found by the tellers had been " delivered " by the tellers to 
 the presiding officer, that any duty on the part of the presiding 
 officer arose. 
 
 In every case, from 1795 to 1861 inclusive, in eighteen suc 
 cessive countings, these conditions were expressly prescribed in 
 respect to the one particular counting to be regulated on each 
 occasion. At the three countings of 1865, 1869, and 1873 the 
 
IS77-] WHO COUNTS THE ELECTORAL VOTE? 403 
 
 same conditions were applied under the standing joint rule, 
 which codified the practice in the following words : 
 
 " One teller shall be appointed on the part of the Senate and two 
 on the part of the House of Representatives, to whom shall be 
 handed, as they are opened by the President of the Senate, the 
 certificates of the electoral votes ; and the said tellers, having read 
 the same in the presence and hearing of the two Houses thus 
 assembled, shall make a list of the several votes as they shall appear 
 from the said certificates ; and the votes having been counted, the 
 result of the same shall be delivered to the President of the 
 Senate." 
 
 Such are the conditions which must have been fulfilled in 
 virtue of formal orders prescribed by the two Houses, at every 
 one of the twenty-one countings, from 1793 to 1873 inclusive, 
 before the presiding officer could act at all. 
 
 After all these conditions have been complied with, his au 
 thority in respect to announcements begins. 
 
 In 1793 it was expressed in these words, "Who shall 
 announce the state of the vote and the persons elected, to the 
 two Houses assembled as aforesaid." 
 
 In 1801 and 1805 the announcement was of " the state of 
 the vote" only, and not of the persons elected. In the joint 
 rule of 1865 the words are : " The state of the vote and the 
 names of the persons, if any, elected." 
 
 The concurrent orders in 1801 and 1805 had another pecu 
 liarity. They provided that "the state of the vote shall be 
 entered on the journals ; and if it shall appear that a choice 
 hath been made agreeably to the Constitution, such entry on 
 the journals shall be deemed sufficient declaration thereof." 
 
 These instances illustrate how completely the two Houses, 
 by their concurrent resolves or orders, have controlled both 
 the manner and substance of the announcement to the two 
 Houses assembled in joint convention. It has already been 
 mentioned that in 1821 the resolve or order of the House of 
 Representatives authorized the President of the Senate to make 
 the announcement, though he did not, and the Speaker did, at 
 the time preside over the House. 
 
404 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 An inspection of the resolves or orders of the two Houses 
 under which the countings have been had, an analysis of their 
 exact terms and of the nature and effect of the acts done un 
 der them, demonstrate that the President of the Senate or other 
 presiding officer never had any independent power over even 
 the announcement of the result of the count, never had any 
 power except to do as he was commanded by the affirmative 
 concurrent orders of the two Houses. Still less would he have 
 power to revise or alter the results delivered to him by the 
 tellers, or to intermeddle in any manner with the tellers in 
 " examining and declaring the votes," in making the lists or 
 enumerating the results, or in obeying the instructions of the 
 two Houses as to what should or should not be admitted as 
 votes and counted. 
 
 Such an assumption of power would be as naked usurpation 
 on the part of the President of the Senate or any other presid 
 ing officer as it would be if the same power should be assumed 
 by the clerk, or by a messenger or page of one of the Houses. 
 
 The law is well stated by John Adams, Yice-President, and 
 President of the Senate, in 1797, when he announced "the 
 state of the vote and the persons elected to the two Houses 
 assembled" in joint convention. a In obedience," said he, 
 " to the Constitution and law of the United States, and to the 
 commands of both Houses of Congress expressed in their reso 
 lutions passed in the present session, I now declare that John 
 Adams is elected President," etc. 
 
 Chancellor Kent, in his " Commentaries" (vol. i. p. 277), 
 says : 
 
 "The Constitution does not expressly declare by whom the votes 
 Chancellor are to be counted - In tlie case of questionable votes 
 Kent s "pre- and a closely-contested election, this power may be 
 sumption." all j mportant . ari a I presume, in the absence of all 
 legislative provision on the subject, that the President of the 
 Senate counts the votes and determines the result, and that the 
 Houses are present only as spectators, to witness the fairness 
 and accuracy of the transaction, and to act only if no choice be 
 made by the electors." 
 
I877-] WHO COUNTS THE ELECTORAL VOTE? 405 
 
 This remark was written more than fifty years ago, and is 
 one of those hasty suggestions which it was a characteristic of 
 the venerable Chancellor in his judicial career candidly to cor 
 rect. Indeed he does not seem to have had confidence in it 
 himself. He makes the power in the President of the Senate, 
 if it exist at all, dependent on the absence of all legislative 
 provision on the subject. 
 
 The power to count the votes is not a necessary incident to 
 the power to receive the packages and open them in presence 
 of the two Houses. If it were, it could not be taken away by 
 legislation. As the principal power is derived from the Con 
 stitution, the incidental power would stand with it superior 
 to the legislative authority of Congress. 
 
 If the power to count the votes be not incidental to the 
 power to receive and open the certificates, the President of the 
 Senate has no pretence of claim to it. The absence of legisla 
 tion might leave a default of power, but could not confer it on 
 a functionary who had no other title to it. The Constitution 
 does not make the election of President dependent on the count 
 of the votes by any particular authority, but only upon the fact 
 of receiving a majority of the votes. If there were no tribunal 
 authorized to ascertain this fact, it might impose on the public 
 bodies of the State the necessity of finding it out for them 
 selves and acting on their own judgment ; but it would not 
 entitle the President of the Senate to seize upon the vacant 
 authority. 
 
 The Government is not exposed to such a casus omissus. It 
 is admitted by Chancellor Kent that the legislative bodies could 
 supply the alleged defect. They are therefore the best judges 
 whether such a defect exists, or whether a true construction of 
 the Constitution vests the implied power of counting in a fit 
 and adequate tribunal, such as the two Houses of Congress. 
 They have so decided, and have acted on that conclusion for 
 more than eighty years. An established practice, uninterrupted 
 and undisputed, ought to be accepted as law. 
 
 In 1797, in notifying the Vice-President of his election, 
 
406 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 the President of the Senate transmitted to him a certificate 
 The Notification which incidentally stated that the President of 
 Certificates. the Senate had counted the votes. No such for 
 
 mality was extended to the President. In 1825 the Vice-Pres 
 ident was again favored in the same manner. In 1801 a more 
 singular certificate of the election of President and Vice- 
 President was made ; for it assumed also to certify what had 
 happened in the House of Representatives. In 1805, 1809, 
 1813, and 1817 similar certificates were made. These are 
 all since 1789 ; none such have been known for the last fifty 
 years. 
 
 The first criticism on these papers is that they seem to have 
 followed the form of that of 1789 ; in which case the procedure 
 of the regular count by the two Houses, which has been prac 
 tised ever since, had not been established, and the special Presi 
 dent of the Senate, in the anomalous conditions of the then 
 Government, probably did himself verify the enumeration of 
 the votes. 
 
 The more important observation is that we must distinguish 
 between the ambiguous senses in which the word " count " is 
 constantly used. In one sense it is a mere clerical enumera 
 tion of the votes, without the slightest particle of discretion. 
 In the other sense it involves a decision of what shall be 
 counted as a vote, and includes a large element of judicial 
 power. Now it might well be that, at the counting by the two 
 Houses through their tellers, the presiding officer or the 
 Speaker of the House and the clerks and many of the members 
 had gone through the enumeration or had verified it, so as to 
 be able to say, in the narrowest sense, that they had counted 
 the votes, or that the presiding officer could certify that he 
 had counted constructively. Everybody who chose to give the 
 necessary attention to the process, publicly performed, might 
 be said in some sense to count. 
 
 But taking the count of 1797 as an illustration, Vice-Presi- 
 dent John Adams presided, and gave the first of these certifi 
 cates to Jefferson, who succeeded him as Vice-President, while 
 
I877-J WHO COUNTS THE ELECTORAL VOTE? 407 
 
 Mr. Adams himself was elected President. That counting was 
 conducted according to a mode which had been prescribed by 
 concurrent resolutions of the two Houses, adopted on the report 
 of a joint committee raised for that purpose. Those resolutions 
 specified every step in the process. They directed that the 
 tellers appointed by the two Houses to examine the votes 
 should make a list of them as they should be declared by a 
 reading of them to the two Houses, and when it was completed 
 should deliver the result to the President of the Senate, who 
 should then announce to the two Houses the state of the vote 
 and the persons elected. 
 
 The journals of the two Houses show that the sealed pack 
 ages of certificates were opened by the Vicc-President and by 
 him delivered to the tellers appointed by the two Houses ; that 
 they examined and ascertained the number of votes and made 
 a list of them, and presented that list to the Vice-President, 
 which was read. He thereupon declared to the two Houses the 
 persons elected as President and Vice-President, and said that 
 he did so " in obedience to the commands of both Houses of 
 Congress, expressed in their resolutions." That the presiding 
 officer did in fact interfere, or had any power to interfere, with 
 the official machinery of the counting, or with the process of 
 the counting, or with the results of the counting, or that in the 
 restricted function of announcing that result to the Houses over 
 which he presided he did or had power to do anything but obey 
 the commands of the two Houses, is contradicted and disproved 
 by the official records of the two Houses and by his own public 
 declarations at the time. 
 
 In whatever barren sense he may be said to have counted the 
 votes, it exercised no influence over the results. The only au 
 thentic, official, and obligatory counting was exclusively by the 
 two Houses of Congress. 
 
 The same statement is equally true of every case in which 
 such a certificate was ever made. In one of those cases the 
 votes of Indiana were disputed. The question was considered 
 and debated by the Houses ; and as it made no difference with 
 
408 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 the result, it was indefinitely postponed. But the presiding 
 officer was not even consulted about it. 
 
 As precedents to sustain the President of the Senate in as 
 suming the power to count the votes in the sense merely of 
 enumerating the votes, and still more in the sense of adjudicat 
 ing on the authenticity and validity of the votes, the certificates 
 are utterly worthless. 
 
 The action of President {pro tempore) Mason in 1857 seems 
 The precedent of to nave keen misstated, unintentionally, by Sen- 
 1857 - ator Morton. Mr. Mason did not arrogate to the 
 
 presiding officer any power to decide whether the vote of Wis 
 consin was valid, or to decide whether it should be counted. 
 He repeatedly disclaimed any such power. The electors of 
 Wisconsin, having been prevented by a snowstorm from as 
 sembling on the day prescribed by the Act of Congress, met on 
 the next day and voted. Many senators and representatives 
 were of the opinion that the vote was illegal and void. As in 
 the case of Indiana in 1817, Missouri in 1821, and Michigan in 
 1837, the vote, whether counted or not, made no change in the 
 result of the election ; and in another respect the question was 
 even less important. In all those three cases the questionable 
 votes were for the candidates who were elected ; and although 
 those candidates had a majority without the questionable votes, 
 the statement of the aggregate number of votes received by 
 those candidates had either to include or exclude the question 
 able votes. In the Wisconsin case the votes were for Fremont 
 and Dayton, who were in any event the minority candidates ; 
 and the statement of the votes received by Buchanan and Breck- 
 inridge was unaffected by these votes, and showed a majority 
 irrespective of them. 
 
 The tellers entered the votes of Wisconsin on their list, in 
 cluded them in the footing, and reported the result to the pre 
 siding officer. When the votes of Wisconsin were reached, 
 objection was made. But the objectors did not seem aware of 
 the usage of moving for a separation of the Houses in order to 
 discuss and decide whether the vote of Wisconsin should be 
 
IS77-] WHO COUNTS THE ELECTORAL VOTE? 409 
 
 counted ; and the presiding officer ruled that debate was out of 
 order in the joint meeting. The process, therefore, went on, 
 neither of the two Houses having by a parliamentary method 
 suspended the operation of the ministerial functions which, 
 without such interposition, were being properly performed. 
 The tellers made their report verbally ; and the presiding offi 
 cer obeyed the concurrent resolution by announcing to the two 
 Houses the state of the vote and the persons elected. The 
 tellers were about to make their report in writing, when, to 
 enable the debate to be had, the motion was made and carried 
 that the Senate retire to its own chamber. 
 
 During the joint session Senator Crittenden inquired: "Do 
 I understand the Chair to decide that Congress in no form has 
 the power to decide upon the validity or invalidity of a vote ? " 
 The presiding officer answered that he had made no such 
 decision ; that " under the law and the concurrent order of the 
 two Houses, nothing can be done here but to count the votes 
 and declare the votes thus counted to the Senate and House of 
 Representatives sitting in this chamber;" and that further 
 action could only be taken in the two Houses in their separate 
 capacities. 
 
 Afterward the presiding officer said he " was not aware that 
 he could decide what effect, if any," the irregularity in the vote 
 of Wisconsin " would have on the votes " of that State. Nor 
 is it his duty to u decide upon whom devolves the duty of deter 
 mining what the effect may be." Senator Crittenden referred 
 to the presiding officer as having assumed " to declare the num 
 ber of votes, involving the privilege of determining a Presi 
 dential election, and saying who shall be President;" and said, 
 "I protest against any such power." Senator Toombs said, 
 " I join with the senator in that protest." The President an 
 swered that " the presiding officer is utterly unaware that he 
 has assumed the exercise of any such power." Senator Toombs : 
 " I consider that the presiding officer has done so." The Presi 
 dent said : " The concurrent order of the two Houses makes it 
 the duty of the President of the Senate to announce the state of 
 
410 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 the vote, and the persons elected, to the two Houses assembled. 
 That duty he has discharged, and none other." 
 
 Immediately after the Senate had withdrawn to its own 
 chamber, a debate upon the subject ensued. The written 
 report of the tellers, the delivery of which to the two Houses 
 had been intercepted by their separation, was submitted to the 
 Senate. That report stated the aggregate votes of Fremont 
 and Dayton, omitting the votes of Wisconsin ; and stated those 
 votes separately, with the date when they had been given. Mr. 
 Mason, President pro tempore, who had been the presiding 
 officer of the two Houses in their joint meeting, again dis 
 claimed in the most positive terms the assumption of power 
 ascribed to him. He said: 
 
 " The Chair will further state to the Senate, as the result of the 
 action in the hall of the House of Eepresentatives in counting the 
 votes, that the duty was devolved upon the presiding officer there, 
 by the concurrent order of the two Houses, to declare the result 
 of the vote as delivered to him by the tellers. That declaration 
 did not involve, in the opinion of the Chair, the validity or the 
 invalidity of the vote of the State of Wisconsin. The declaration 
 made by the Chair in the presence of the two Houses as to the 
 gentleman who had been elected President was written down, and 
 is in these words : That James Buchanan, of the State of Penn 
 sylvania, having the greatest number of votes for President, and 
 that number being a majority of the whole number of electors, has 
 been duly elected. Whether the vote of the State of Wisconsin 
 be included or not, the declaration made by the presiding officer, 
 that Mr. Buchanan had a majority of the votes, and that that 
 majority was a majority of the whole number of the electoral 
 votes, was strictly conformable to the fact." 
 
 Again, the President of the Senate said : 
 
 " The presiding officer, in his own judgment, believed then, as 
 he believes now, that he declared correctly, as the state of the 
 vote, that James Buchanan had received the greatest number, and 
 that that number was a majority of the whole number of electors ; 
 not undertaking to decide, and not having decided, whether the 
 vote of the State of Wisconsin had been given to John C. Fremont 
 or not, a power that the Chair utterly disclaims and never 
 asserted." 
 
IS;?-] WHO COUNTS THE ELECTORAL VOTE? 411 
 
 The course of procedure taken in the presence of the two 
 Houses at the various elections shows the same HOW the counting 
 
 has actually been 
 
 uniform recognition of their supreme authority done. 
 
 in deciding upon the authenticity and validity of the electoral 
 
 certificates. 
 
 The informality of the first election in 1789, and the fact 
 that the course then pursued was never repeated, deprives it 
 of all authority as a precedent. 
 
 At the second election of President Washington, in 1793, 
 "the certificates of the electors of the fifteen 
 States in the Union, which came by express, 
 were by the Vice-President opened, read, and delivered to the 
 tellers appointed for the purpose ; who, having examined and 
 ascertained the votes, presented a list of .them to the Vice- 
 President, which list was read to the two Houses, and is as 
 follows, etc. : Whereupon the Vice-President declared George 
 Washington unanimously elected President, " etc. 
 
 On this occasion the President of the Senate only opened, 
 read, and delivered the certificates to the tellers ; they exam 
 ined, ascertained the votes, and presented a list of them to the 
 President of the Senate, which list he then read to the two 
 Houses. The function of the Vice-President was then, as it 
 has always been since, purely a passive one. Where there has 
 been any variation, it has been to invigorate rather than weaken 
 the prerogatives of the two Houses. 
 
 At the election of John Adams, in 1797, " the certificates of 
 the sixteen States were by the President opened and delivered 
 to the tellers appointed for the purpose, who, 
 having examined and ascertained the number of 
 votes, presented a list thereof to the Vice-President [Mr. 
 Adams himself ], which was read as follows, etc.; whereupon 
 Mr. Adams proceeded to discharge what he regarded as the 
 duty of the President of the Senate. He addressed the two 
 Houses as follows : 
 
 " Gentlemen of the Senate and House of Eepresentatives, 
 By the report which has been made by the tellers appointed by 
 
412 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 the two Houses to examine the votes, there are 71 votes for John 
 Adams, 68 for Thomas Jefferson/ etc., etc. ; so that the person 
 who has 71 votes, which is the highest number, is elected Presi 
 dent, and the person who has 68 votes, which is the next highest 
 number, is elected Vice-President. " 
 
 The President then sat down for a moment ; and rising again, 
 thus addressed the two Houses : 
 
 " In obedience to the Constitution and law of the United States, 
 and the commands of both Houses of Congress, expressed in their 
 resolution passed in the present session, I declare that John 
 Adams is elected President of the United States for four years, 
 to commence with the 4th of March next, and that Thomas Jeffer 
 son is elected Vice-President of the United States for four years, 
 to commence with the 4th of March next." 
 
 At the election of Thomas Jefferson, in 1801, "the Presi 
 dent of the Senate, in the presence of the two 
 Houses, proceeded to open the certificates of the 
 electors of the States, beginning with the State of New Hamp 
 shire; and as the votes were read, the tellers on the part of 
 each House counted and took lists of the same, which being 
 prepared, were delivered to the President of the Senate, and 
 are as follows," etc. 
 
 At the second election of Thomas Jefferson, in 1805, the 
 same course of procedure was taken by the two 
 Houses as at his first. The only difference worth 
 remarking is thus reported in the Annals of Congress : 
 
 " The President [Mr. Burr] stated that, pursuant to law, there 
 had been transmitted to him several packets, which from the in 
 dorsements upon them appeared to be the votes of the electors of 
 a President and Vice-President; that the returns forwarded by 
 mail, as well as the duplicates sent by special messengers, had 
 been received by him in due time. You will now proceed, gentle 
 men/ said he, f to count the votes as the Constitution and laws 
 direct ; adding that, perceiving no cause for preference in the 
 order of opening the returns, he would pursue a geographical 
 arrangement, beginning with the Northern States. 
 
 " The President then proceeded to break" the seals of the respec 
 tive returns, handing each return and its accompanying duplicate, 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 413 
 
 as the seals of each were broken, to the tellers through the secre 
 tary ; Mr. S. Smith reading aloud the returns and the attestations 
 of the appointment of the electors, and Mr. Clay and Mr. Griswold 
 comparing them with the duplicate return lying before them. 
 According to the enumeration, the following appeared to be the 
 result. . . . 
 
 " After the returns had been all examined, without any objections 
 having been made to receiving any of the votes, Mr. S. Smith, on 
 behalf of the tellers, communicated to the President the foregoing 
 result, which was read from the Chair ; when the Vice-President 
 said : Upon this report it becomes my duty to declare, agreeably 
 to the Constitution, that Thomas Jefferson is elected President of 
 the United States for the term of four years from the third day 
 of March next, and that George Clinton is elected Vice-President 
 of the United States for four years from the third day of March 
 next. 7 " 
 
 At Madison s first election, in 1809, " the certificates of the 
 electors for the several States were, by the Presi 
 dent of the Senate, opened and delivered to the 
 tellers appointed for the purpose ; who, having examined and 
 ascertained the number of votes, presented a list thereof to the 
 President of the Senate, which was read as follows." 
 
 At Madison s second election, in 1813, " the two Houses of 
 Congress, agreeably to the joint resolution, as 
 sembled in the Representatives chamber ; and 
 the certificates of the electors of the several States were, by the 
 President of the Senate, opened and delivered to the tellers ap 
 pointed for the purpose, who, having examined and ascertained 
 the number of votes, presented a list thereof to the President 
 of the Senate, which was read as follows, " etc. 
 
 It is mentioned in the House proceedings that the returns for 
 each State " were severally read aloud by one of the tellers, and 
 noted down and announced by the secretaries of each House." 
 
 At Monroe s first election, in 1817, " the two Houses of 
 Congress, agreeably to the joint resolution, as- 
 
 1817" 
 
 sembled in the Representatives chamber ; and 
 
 the certificates of the electors of the several States were, by the 
 
 President of the Senate, opened and delivered to the tellers 
 
414 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 appointed for the purpose, who, having examined and ascer 
 tained the number of votes, presented a list thereof to the 
 President of the Senate, which was read as follows. . . . The 
 tellers handed a statement thereof to the President of the 
 Senate, who announced to the joint meeting the following as 
 the state of the votes," etc. 
 
 At Monroe s second election, in 1821, in the Senate, " the 
 certificates were, by the President of the Senate, 
 
 1821. 
 
 opened and delivered to tellers appointed for 
 
 the purpose, by whom they were read, except the State of 
 
 Missouri." 
 
 The two Houses then separated to consider that case ; after 
 which the record proceeds : 
 
 "Whereupon the two Houses having again assembled in the 
 Representatives chamber, the certificate of the electors of the 
 State of Missouri was, by the President of the Senate, delivered 
 to the tellers, who read the same, and who, having examined and 
 ascertained the whole number of votes, presented a list thereof to 
 the President of the Senate, by whom it was read, as follows," etc. 
 
 The House proceeding states : 
 
 " The Senate again appeared, and took seats in the House as 
 before. 
 
 " The President of the Senate, in the presence of both Houses, 
 proceeded to open the certificate of the electors of the State of 
 Missouri, which he delivered to the tellers, by whom it was read, 
 and who registered the same. 
 
 "And the votes of all the States having been thus counted, 
 registered, and the lists thereof compared, they were delivered to 
 the President of the Senate, by whom they were read as already 
 printed. 
 
 " The President of the Senate then, in pursuance of the resolu 
 tion adopted by the two Houses, proceeded to announce the state 
 of the votes to the two Houses of Congress, in joint meeting 
 assembled, as follows : 
 
 " Were the votes of Missouri to be counted, the result would be, 
 for James Monroe, of Virginia, for President of the United States, 
 231 votes; if not counted, for James Monroe, of Virginia, 228 
 votes. For Daniel D. Tompkins, of New York, for Vice-President 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 415 
 
 of the United States, 218 votes; if not counted, for Daniel D. 
 Tompkius, of New York, for Vice-President of the United States, 
 215 votes. But in either event James Monroe, of Virginia, has a 
 majority of the votes of the whole number of electors for President, 
 and Daniel D. Tompkins, of New York, has a majority of the votes 
 of the whole number of electors for Vice-President of the United 
 States." 
 % 
 At the election of John Quincy Adams in 1825, on motion 
 
 of Mr. Taylor, it was 1825. 
 
 " Ordered that a message be sent to the Senate that this House 
 is now ready to receive them in pursuance of the resolution of the 
 two Houses of yesterday, to the end that the President of the Senate, 
 in the presence of the Senate and the House of Kepresentatives, 
 may open the certificates of the votes of the electors of the several 
 States in the choice of a President and Vice-President of the 
 United States, and that the same may be counted ; and that the 
 clerk do go with said message. 
 
 "The President of the Senate (Mr. Gallaird) then rose and 
 stated that the certificates forwarded by the electors from each 
 State would be delivered to the tellers. 
 
 " Mr. Tazewell, of the Senate, and Messrs. John W. Taylor and 
 Philip P. Barbour, on the part of the House, took their places as 
 tellers at the clerk s table. The President of the Senate then 
 opened two packets, one received by messenger and the other by 
 mail, containing the certificates of the votes of the State of New 
 Hampshire. One of these was then read by Mr. Tazewell, while 
 the other was compared with it by Messrs. Taylor and Barbour. 
 The whole having been read, and the votes of New Hampshire 
 declared, they were set down by the clerks of the Senate and of 
 the House of Kepresentatives, seated at different tables. Thus 
 the certificates from all the States were gone through with. 
 
 " The tellers then left the clerk s table ; and presenting them 
 selves in front of the Speaker, Mr. Tazewell delivered their report 
 of the votes given, which was then handed to the President of the 
 Senate, who again read it to the two Houses." 
 
 It is here to be noted that the House carefully avoids saying 
 that the President was to be invited to do anything more than 
 open the votes. He was invited to open them to the end " that 
 they may be counted," not to open and count them. It is also a 
 significant assertion of the House s prerogatives that the tellers 
 
416 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 first presented themselves in front of the Speaker to deliver 
 their report of the votes given. This report was then handed, 
 it does not appear by whom, to the President of the Senate. 
 At the first election of Andrew Jackson, in 1829, " the Vice- 
 President then having before him the packages 
 
 1829. 
 
 received, one copy by express, and one through 
 the post-office, from the several States, took up those from the 
 State of Maine ; and announcing to the Senators and Represen 
 tatives that those packets had been certified by the delegation 
 from Maine to contain the votes of that State for President 
 and Vice-President, proceeded to break the seals, and then 
 handed over the packets to the tellers, who opened and read 
 them at length. The same process was repeated, until all the 
 packets had been opened and read ; when Mr. Tazewell, retiring 
 to some distance from the chair, read the following report." 
 When the teller had finished reading, the result was again read 
 by the Vice-President. 
 
 At the second election of Andrew Jackson, in 1833, as in 
 previous cases, the votes of the electors were 
 opened by the President of the Senate and deliv 
 ered to the tellers appointed for the purpose ; who, having ex 
 amined and ascertained the number of votes, presented to the 
 President of the Senate a list thereof as follows : " Messrs. 
 Grundy, of the Senate, and Dayton and Hubbard, of the House 
 of Representatives, acted as a committee to read and enumerate 
 the votes ; and, the whole having been gone through, the 
 result was ascertained to be as follows." The President of 
 the Senate " then announced the result, as reported by the 
 tellers." 
 
 At the election of Martin Van Buren, in 1837, the President 
 of the Senate rose and said : " The two Houses 
 being now convened for the purpose of counting 
 the electoral votes for the several States for President and 
 Vice-President of the United States, the President of the Sen 
 ate will, in pursuance of the provisions of the Constitution, 
 proceed to open the votes -and deliver them to the tellers, in 
 
1877.] WHO COUNTS THE ELECTORAL VOTE 1 ? 417 
 
 order that they may be counted. I now present to the tellers 
 the electoral vote of the State of Maine." 
 
 The tellers then counted the votes and announced them 
 severally in their order, the same form having been observed 
 in every case ; the tellers also reading the qualifications of 
 the electors and the certificates of their election. 
 
 At the election of William Henry Harrison, in 1841, " A 
 message was received from the House of Repre 
 sentatives, announcing that the House was ready 
 to receive the Senate and to proceed to count the votes for 
 President and Yice-President of the United States, in conform 
 ity to the Constitution and in pursuance of the joint resolution 
 on that subject. . . . After the votes had been counted, the 
 Senate returned to the Senate Chamber. . . . The Vice-Presi 
 dent of the United States, in the presence of the two Houses of 
 Congress, proceeded to open the certificates of the electors of 
 President and Vice-President, beginning with those of the State 
 of Maine and ending with the State of Michigan ; and the 
 tellers, Mr. Preston on the part of the Senate and Mr. Gushing 
 and Mr. John W. Jones on the part of the House, having read, 
 counted, and registered the same, making duplicate lists thereof, 
 and the lists being prepared, they were delivered to the Vice- 
 President of the United States, and are as follows. . . . The 
 President of the Senate then announced the state of the vote to 
 the two Houses of Congress, in joint meeting assembled, and 
 declared, etc., that William Henry Harrison, of Ohio, having a 
 majority of the whole number of electoral votes, is duly elected 
 President of the United States," etc. 
 
 At the election of James K. Polk, in 1845, " the President of 
 the Senate rose and stated the object of this as- 
 
 1 ft J.^ 
 
 semblage to be to count the votes cast by the 
 electors of the respective States of this election for President 
 and Vice-President of the United States ; and handing to Mr. 
 Walker (one of the tellers) a sealed package, he said : I de 
 liver to the joint tellers the votes of the electors of the State of 
 Maine for President and Vice-President of the United States, 
 
 VOL. ii. 27 
 
418 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 in order that they may be counted. Mr. Walker received the 
 packet ; and having broken the seals, the tellers examined the 
 votes, which were announced to be nine in number, all of which 
 were given for James K. Polk, of Tennessee, for President of 
 the United States. The same number of votes were given for 
 Yice-President for George M. Dallas, of Pennsylvania." 
 
 When the votes had thus all been counted, " Mr. Walker 
 presented the returns of the tellers to the President of the 
 Senate, who rose and announced the result, and then proceeded 
 to declare that James K. Polk and George M. Dallas were 
 elected." 
 
 At the election of Zachary Taylor, in 1849, the Vice-President 
 rose and said : " In obedience to law, the Senate 
 
 1849. 
 
 and House of Representatives have assembled 
 on the present occasion so that I may fulfil the duty enjoined 
 upon me by the Constitution by opening in their presence the 
 sealed certificates of the lists of persons voted for by the elect 
 ors in the several States as President and Vice-President, cause 
 the votes to be counted, and have the persons to fill those 
 offices ascertained and declared agreeably to the Constitution." 
 
 The Vice-President then opened the certificates of the State 
 of Maine, and said : "I now open and present to the tellers 
 chosen by the two Houses the certificates transmitted by the 
 electors of the State of Maine, that the votes therein recorded 
 may be counted." Mr. Jefferson Davis proceeded to read the 
 certificates, and the vote reported was registered by the tellers 
 in duplicate lists. This course was pursued in reference to ten 
 States. 
 
 The certificates of ten other States were read by Mr. Barrow, 
 and the certificates of ten other States were read by Mr. Mc 
 Clelland. " The tellers having read, counted, and registered 
 the votes of the electors of thirty States, and compared their 
 duplicate lists and delivered the same to the Vice-President, 
 the Vice-President then received and read the report of the tel 
 lers," and announced the result of the vote by reading the 
 report of the tellers. 
 

 
 1877.] WHO COUNTS THE ELECTORAL VOTE? 419 
 
 At the election of Franklin Pierce, in 1853, the President 
 (pro tempore) of the Senate rose and said : " The 
 Senate and the House of Representatives have 
 assembled for the purpose of counting the votes for President 
 and Yice-President of the United States. I present to the 
 tellers the certificates of the electoral college of the State of 
 Maine." In the same manner he presented the certificates 
 from the remaining States to Mr. Hunter, Mr. Jones, and Mr. 
 Chandler, by whom respectively they were read and duly re 
 corded by tellers. " The tellers having counted and registered 
 the votes of the electoral colleges of the thirty-one States, 
 and compared their lists, delivered to the President pro tem 
 pore the result, which was read by him, and he thereupon 
 declared," etc. 
 
 At the election of James Buchanan, in 1857, the President 
 of the Senate said : 1357. 
 
 " Pursuant to the law, and in obedience to the concurrent order 
 of the two Houses, the President of the Senate will now proceed to 
 open and count the votes which have been given for the President 
 and Vice-President of the United States," etc. " The teller ap 
 pointed on the part of the Senate, and the two tellers appointed 
 on the part of the House, will please take the seats assigned them 
 in discharge of their duty." 
 
 The presiding officer proceeded to open and hand to the 
 tellers the votes of the several States for President and Yice- 
 President. Pending the count, Senator Cass suggested that it 
 would be better to read the results of the vote, and not the cer 
 tificate in full. The President of the Senate then said : 
 
 " The presiding officer considers that the duty of counting the 
 vote has devolved on the tellers under the concurrent order of the 
 two Houses ; and he considers further that the tellers should deter 
 mine for themselves in what way the votes are verified to them, 
 and read as much as they think proper to the two Houses 
 assembled." 
 
 It appeared from the certificate of the electors from the State 
 of Wisconsin that the electoral vote of that State had not been 
 
420 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 cast on the day prescribed by law. Mr. Jones, of Tennessee 
 (one of the tellers), reported : 
 
 " Mr. President, The tellers appointed on the part of the two 
 Houses to count and report the votes given for President and Vice- 
 President of the United States report that they have examined all 
 the returns, and find that they are all regular, and that the votes 
 were cast on the day required by law, except in the case of the 
 votes cast by the State of Wisconsin ; their returns show that they 
 cast their electoral vote on the 4th of December, instead of the 
 first Wednesday of December, which was the 3d, as required by 
 law. All the returns show that James Buchanan, of the State of 
 Pennsylvania, received 174 votes for President of the United 
 States ; that John C. Fremont, of the State of California, received, 
 including the votes of Wisconsin, 114 votes for President of the 
 United States ; that Millard Fillmore, of the State of New York, 
 received 8 votes for President of the United States. 
 
 " The President of the Senate thereupon proceeded to recapitu 
 late the vote as announced to the joint convention by Mr. Jones 
 of Tennessee; and in further execution of the order of the two 
 Houses, declared the result above stated." 
 
 Objections to the course adopted by the chairman in deciding 
 to count the vote of Wisconsin without consulting the two 
 Houses were vehemently urged by Messrs. Butler, Crittenden, 
 and Orr ; and the Senate withdrew, that the two branches of 
 Congress might consider the objections. 
 
 Before returning, the presiding officer said : 
 
 "The Chair would respectfully state that whatever difficulty 
 may have arisen, it cannot be officially known to either House, 
 until it is reported by the tellers, to whom the duty of counting 
 the vote was confided." 
 
 In separate session, after hearing the report from the tellers 
 of what had occurred in joint session, the President of the 
 Senate said : 
 
 "As a result of the action in the Hall of Representatives in 
 counting the vote, the duty was devolved upon the presiding offi 
 cer there, by the concurrent order of the two Houses, to declare the 
 result of the vote as delivered to him by the tellers. That decla 
 ration did not involve, in the opinion of the Chair, the validity or 
 invalidity of the vote of the State of Wisconsin." 
 
IS;;-] WHO COUNTS THE ELECTORAL VOTE? 421 
 
 The declaration made by the Chair in the presence of the 
 two Houses as to the gentleman who had been elected Presi 
 dent was written down, and is in these words : " That James 
 Buchanan, of the State of Pennsylvania, having the greatest 
 number of votes for President, and that number being a ma 
 jority of the whole number of electors, has been duly elected." 
 
 Whether the vote of the State of Wisconsin be included or 
 not, the declaration made by the presiding officer that Mr. 
 Buchanan had a majority of the votes, and that that majority 
 was a majority of the whole number of electoral votes, was 
 strictly conformable to the facts. He subsequently stated his 
 position yet more distinctly in reply to Senator Toombs, of 
 Georgia : 
 
 " The presiding officer did not undertake to decide whether the 
 vote of the State of Wisconsin was a good vote or a bad vote. 
 The presiding officer, upon that matter, did no more than recite 
 the fact which was reported to him by the tellers, pursuant to the 
 concurrent order of the two Houses. The presiding officer did no 
 more than announce that the vote of Wisconsin had been given to 
 John C. Fremont. Whether it was a good vote or a bad vote, he 
 did not undertake to decide. The presiding officer announced fur 
 ther that James Buchanan had a majority of all the votes given, 
 and that such majority was a majority of the whole electoral vote ; 
 and he declared, as his duty required him to do, that James 
 Buchanan was thereby elected President of the United States. If 
 the result could have been affected by the collateral fact reported 
 by the tellers, that the vote of the State of Wisconsin had been 
 given on a day different from that prescribed by law, the presiding 
 officer would have considered it his duty to have reported, as the 
 state of the vote, that whether a majority of the whole electoral 
 votes had been given to James Buchanan would depend on can 
 vassing the votes, a duty that he did not assume. But inas 
 much, as it appeared clearly from the state of the vote that 
 whether the vote of the State of Wisconsin was counted or not, 
 the result of the election remained unaffected, he announced, as he 
 considered his duty required him to announce, that James Buchanan 
 had a majority of all the votes cast, and that such majority was a 
 majority of the whole number of the electoral votes. He disclaims 
 having assumed on himself any authority to determine whether 
 that vote or any other vote was a good or a bad vote. . . . 
 
422 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 " The order that was made by the Senate of the United States, 
 prescribing the mode of counting the votes for President and 
 Vice-President, is not a joint resolution. It is a resolution of the 
 Senate, in which the House of Kepresentatives concurred. The 
 entry in the House of Kepresentatives is, 
 
 " !N THE HOUSE or REPRESENTATIVES, Feb. 5, 1857. 
 " Resolved, That the House of Representatives concur in the 
 foregoing resolution of the Senate. 
 
 " That resolution prescribed to the presiding officer simply this 
 duty. The resolution provided for the appointment of a teller 011 
 the part of the Senate, and two tellers on the part of the House of 
 Eepresentatives. It required of those tellers to make a list of the 
 votes as they should be declared; then that the result shall be 
 delivered to the President of the Senate pro tempore, who shall 
 announce the state of the vote, and the persons elected, to the two 
 Houses assembled as aforesaid. 7 The President of the Senate, 
 having received the list from the tellers, announced as the state of 
 the vote, the state of the vote as it appeared on that list. In the 
 list the vote of Wisconsin was assigned to John C. Fremont, and 
 the Chair so read it. The presiding officer did no more than give 
 the result as stated by the tellers, and then, in the further dis 
 charge of the duty devolved upon the presiding officer by the con 
 current resolution, he announced the person who was elected, the 
 Constitution providing that the person having the greatest num 
 ber of votes for President shall be the President, if such number 
 be a majority of the whole number of electors appointed. The 
 presiding officer in his own judgment believed then, as he believes 
 now, that he declared correctly, as the state of the vote, that James 
 Buchanan had received the greatest number, and that that number 
 was a majority of the whole number of electors, not undertaking 
 to decide, and not having decided, whether the vote of the State 
 of Wisconsin had been given to John C. Fremont or not, a power 
 that the Chair utterly disclaims and never asserted." 
 
 At the election of Abraham Lincoln, in 1861, the President 
 of the Senate rose and said : " The two Houses 
 being assembled in pursuance of the Constitu 
 tion, that the votes may be counted and declared for President 
 and Vice-President of the United States for the term com 
 mencing on the 4th of March, 1861, it becomes my duty under 
 the Constitution to open the certificates of election in the 
 
1877-] WHO COUNTS THE ELECTORAL VOTE? 423 
 
 presence of the two Houses of Congress. I now proceed to 
 discharge that duty. The Vice-President then proceeded to 
 open and hand to the tellers the votes of the several States 
 for President and Vice-President of the United States. The 
 votes having been opened and counted, the tellers, through 
 Mr. Trumbull, reported the following as the result of the 
 count," etc. 
 
 The Yice-President then said : " Abraham Lincoln, of Illinois, 
 having received a majority of the whole number of electoral 
 votes, is elected President," etc. 
 
 At the second election of President Lincoln the two Houses 
 of Congress prescribed a mode of procedure at 
 the counting of the votes for President and Vice- 
 President, under which the three subsequent countings have 
 been conducted. This rule, known as the twenty-second, pre 
 scribes that 
 
 " The two Houses shall assemble in the Hall of the House of 
 Representatives at the hour of one o clock P.M. on the second 
 Wednesday of February next succeeding the meeting of electors 
 of President and Vice-President of the United States, and the 
 President of the Senate shall be their presiding officer. One teller 
 shall be appointed on the part of the Senate, and two on the part 
 of the House of Representatives, to whom shall be handed as they 
 are opened by the President of the Senate the certificates of elec 
 toral votes ; and said tellers, having read the same in the presence 
 and hearing of the two Houses then assembled, shall make a list 
 of votes as they shall appear from the state of the certificates ; 
 and the votes having been counted, the result of the same shall be 
 delivered to the President of the Senate, who shall thereupon 
 announce the state of the vote and the names of the persons, if 
 any, elected, which announcement shall be deemed a sufficient 
 declaration of the persons elected President and Vice-President of 
 the United States, and, together with a list of votes, be entered on 
 the journals of the two Houses. If upon the reading of any such 
 certificate by the tellers any question shall arise in regard to 
 counting the votes therein certified, the same having been stated 
 by the presiding officer, the Senate shall thereupon withdraw, 
 and said question shall be submitted to that body for its decision ; 
 and the Speaker of the House of Eepresentatives shall in like 
 manner submit said question to the House of Representatives for 
 
424 THE WORKS OF SAMUEL J. TILDEN*. [1877. 
 
 its decision ; and no question shall be decided affirmatively, and no 
 vote objected to shall be counted, except by the concurrent votes 
 of the two Houses, which being obtained, the two Houses shall 
 immediately reassemble, and the presiding officer shall then an 
 nounce the decision of the question submitted, and upon any such 
 question there shall be no debate in either House ; and any other 
 question pertinent to the object for which the two Houses are 
 assembled may be submitted and determined in like manner." 
 
 Only a week prior to the adoption of the twenty-second rule 
 the two Houses had united in a joint resolution which declared 
 that certain States eleven in number were not entitled to 
 representation in the electoral college, because they had been 
 and were, up to the 8th of November, 1864, in a state of armed 
 rebellion against the Government, and that their electoral vote, 
 therefore, should not be counted. 
 
 " Under the operation of this joint rule and joint resolution the 
 canvass of votes was conducted. The Vice-President opened the 
 certificates and handed them to the tellers, who reported that 
 the certificates were in due form, and the amount of the vote of 
 the several States as they were called. . . . 
 
 " When the tellers had ceased, 
 
 <" Senator COWAN said : Mr. President, I inquire whether there 
 are any further returns to be counted ? 
 
 "The Yice-President : There are not. 
 
 " Senator COWAN : And if there are to be, I would inquire why 
 they are not submitted to this body in joint convention, which 
 is alone capable of determining whether they should be counted 
 or not? 
 
 " The Vice-President : The Chair has in his possession returns 
 from the States of Louisiana and Tennessee ; but, in obedience 
 to the law of the land, the Chair holds it to be his duty not to 
 present them to the convention/ 
 
 " Senator COWAN : I ask whether the joint resolution on that 
 subject has become a law by having received the approval of the 
 President of the United States ? 
 
 " The Vice-President : The Chair believes that the official com 
 munication of its approval by the President has not been received 
 by either House. The Chair, however, has been apprised of the 
 fact that the joint resolution has received the approval of the 
 President. 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 425 
 
 " Senator COWAN : Then, as a motion is not in order in this 
 body, I suggest that the votes of Louisiana and Tennessee be 
 counted, and that the convention determine the fact. 
 
 " Mr. STEVENS : I do not think any question has arisen which 
 requires the two Houses to separate. That, according to the 
 wording of the joint resolution, can only be upon the reading of 
 the returns which have been opened by the President of the 
 convention/ 
 
 " Senator COWAN : i I merely wish to say, that believing as I 
 do that it rests with this joint convention in its joint capacity to 
 determine all questions which ought to arise here, I have done 
 what I thought to be my duty in bringing to the attention of the 
 convention the question which I have raised. Having done so, I 
 now beg leave to withdraw it. 7 
 
 " By the President : * The Chair did not understand the Senator 
 from Pennsylvania [Mr. Cowan] as making any distinct motion, 
 but merely a simple suggestion. 
 
 " Senator COWAN : I understood that no motion could be enter 
 tained in this convention. 
 
 " The Vice-President decided that motions could be entertained 
 upon any matters pertinent to the purpose for which the conven 
 tion had been assembled ; but the decision of those motions must 
 be determined by the two Houses separately, after the Senate 
 shall have withdrawn from the convention. 
 
 " Mr. YEAMAN, of Kentucky, then moved that all the returns 
 before the joint convention be opened and presented for its con 
 sideration. 
 
 " The Vice-President decided that that would require the two 
 Houses to separate for deliberation ; whereupon, after short debate, 
 Mr. Yeaman withdrew his motion. 
 
 " Senator TRUMBULL then, on the part of the tellers, announced 
 the following as the result of the vote for the President and Vice- 
 President of the United States," etc. 
 
 At this election the two Houses prescribed the course of 
 procedure to be pursued. The two Houses decided that eleven 
 electoral votes should not be counted. In express obedience to 
 these resolutions of the two Houses, the Vice-President omitted 
 to open and read the certificates of those votes which he had 
 been forbidden to open ; and Senator Cowan, who complained 
 that the certificates of certain States had not been read, put his 
 complaint distinctly upon the ground that the two Houses in 
 
426 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 joint convention were " alone capable of determining whether 
 they should be counted or not," a proposition to which the 
 President of the Senate not only assented, but which he relied 
 upon for the justification of his ruling ; having, as he correctly 
 claimed, obeyed the express directions of the two Houses. 
 At President Grant s first election the President of the 
 1869. Senate, on taking the Speaker s chair, said: 
 
 " The Senate and House of Representatives having met, under 
 the provisions of the Constitution, for the purpose of opening, 
 determining, and declaring the votes for the office of President 
 and Vice-President of the United States for the term of four years 
 commencing on the 4th of March next, and it being my duty, in 
 the presence of both Houses thus convened, to open the votes, I 
 now proceed to discharge that duty. 7 
 
 " The President pro tempore then proceeded to open and hand 
 to the tellers the votes of the several States for President and 
 Vice-President, commencing with the State of New Hampshire. 
 One of the members called for a reading in full of the certificate of 
 the returns of the vote of Louisiana, and objected to the counting 
 of the vote from that State. Thereupon the Senate retired from 
 the hall. On the question of counting the vote of Louisiana in the 
 House, there were 137 yeas to 63 nays. The messenger from the 
 Senate having announced that that body had also voted in favor 
 of counting the vote of Louisiana, the Senate in a body re-entered 
 the hall. 
 
 "The President of the Senate, having resumed the chair, said: 
 By a concurrent resolution of the two Houses, the vote of Louisi 
 ana is ordered to be counted. 
 
 " The tellers went on with their counting till the State of 
 Georgia was reached. 
 
 " Mr. BUTLER objected to the vote of the State of Georgia being 
 counted. 
 
 "Senator EDMUNDS said that the objection of the gentleman 
 from Massachusetts was not in order, the two Houses having, by 
 special rule for this case, made a substantial change in the standing 
 joint rule, which joint rule reads as follows : 
 
 " On the assembling of the two Houses, on the second Wednes 
 day of February, 1869, for the counting of electoral votes for Presi 
 dent and Vice-President, as provided for by law under joint rules 
 for counting or omitting to count the electoral votes, if any which 
 may be presented as of the State of Georgia, shall not essentially 
 
I877-J WHO COUNTS THE ELECTORAL VOTE? 427 
 
 change the result, in that case they shall be reported by the Presi 
 dent of the Senate in the following manner : 
 
 " t Were the State presented as the State of Georgia to be counted, 
 
 the result would be, for , for President of the United States, 
 
 votes ; if not counted, for , for President of the United 
 
 States, votes ; and in either case is elected President of 
 
 the United States. And in the same manner for Vice-President. 7 
 
 " Mr. BUTLER insisted that, under the Constitution, the votes 
 must be counted or rejected by the convention of the two Houses, 
 and that the prior concurrent action of the Senate and of the House 
 cannot bind the convention, and the convention may act after they 
 get together as they choose to do. 
 
 " The Senate retired, and the House decided against counting 
 the electoral vote of the State of Georgia, yeas 41, nays 150. 
 
 " At half-past four the Senate in a body re-entered the hall. 
 
 " The President : < The objections of the gentleman from Massa 
 chusetts are overruled by the Senate ; and the result of the vote 
 will be stated as it would stand if the vote of the State of Georgia 
 were counted, and as it would stand if the vote of that State were 
 not counted, under the concurrent resolution of the two Houses/ 
 
 " Senator CONKLING, one of the tellers, then proceeded to declare 
 the result, amid great noise and disorder. 
 
 " The President : The tellers report that the whole number of 
 votes cast for President and Vice-President of the United States, 
 including the votes of the State of Georgia, is 294, of which the 
 majority is 148. Excluding the votes of the State of Georgia, it 
 is 285, of which the majority is 143. The result of the vote as 
 reported by the tellers for President of the United States, including 
 the State of Georgia, is, for Ulysses S. Grant, of Illinois, 214 votes ; 
 for Horatio Seymour, of New York, 80 votes. Excluding the State 
 of Georgia, the result of the vote is, for Ulysses S. Grant, of Illi 
 nois, 214 votes ; for Horatio Seymour, of New York, 71 votes. 
 [Same for Vice-President.] Wherefore, in either case, whether 
 the votes of the State of Georgia be included or excluded, I do 
 declare that Ulysses S. Grant, of the State of Illinois/ etc." 
 
 At the second election of President Grant, in 1873, the Vice- 
 President, on taking the Speaker s chair, said : 1373. 
 
 " The Senate and House of Representatives having met under 
 the provisions of the Constitution for the purpose of opening, 
 determining, and declaring the votes cast for President and Vice- 
 President of the United States for the term of four years, com 
 mencing on the 4th of March next, and it being my duty, in the 
 
428 THE WORKS OF SAMUEL J. TILDE N. [1877. 
 
 presence of both Houses thus convened, to open the votes, I now 
 proceed to discharge that duty. 
 
 " The Vice-President then proceeded to open and hand to the 
 tellers the votes of the several States for President and Vice-Presi 
 dent of the United States, commencing with the State of Maine. 
 
 "When the State of Georgia was reached, objection was made 
 by Mr. HOAK, who said : 1 1 desire to make the point that the three 
 votes reported by the tellers as having been cast for Horace Gree- 
 , ley, of New York, cannot be counted, because the person for whom 
 they purport to have been cast was dead at the time of the as 
 sembling of the electors in that State. 
 
 " The point was reserved until the other States had been called 
 and the objections reduced to writing ; and then the Senate with 
 drew for deliberation. 
 
 "At 3.35 P.M. the Senate returned to the hall, and the Vice- 
 President said : Upon the first point raised by the Representative 
 from Massachusetts [Mr. Hoar], the Senate decided as follows : 
 
 " " Resolved, That the electoral votes of Georgia cast for Horace 
 Greeley be counted." 
 
 " The House of Representatives decided as follows : 
 
 " " Resolved, That the votes reported by the tellers as having 
 been cast by the electors of the State of Georgia for Horace Greeley, 
 of New York, as President of the United States, ought not to be 
 counted, the said Horace Greeley having died before said votes 
 were cast." 
 
 " i Upon this question there is a non-concurrence of the two 
 Houses. 
 
 " l On the question submitted by the Senator from Illinois [Mr. 
 Trumbull] in regard to the votes of the State of Mississippi, the 
 Senate adopted the following resolution : 
 
 " " Resolved, That the electoral vote of the State of Mississippi 
 be counted." 
 
 " And the House of Representatives adopted the following 
 resolution : 
 
 " " Resolved, That in the judgment of this House the eight votes 
 reported by the tellers as cast by the electors in and for the State 
 of Mississippi ought to be counted as reported by them." 
 
 " On this question the votes of the two Houses are concurrent. 
 
 " On the third point, raised by the Representative from New 
 
 York [Mr. Potter], which was in regard to the election of one 
 
I877-] WHO COUNTS THE ELECTORAL VOTE? 429 
 
 elector from Mississippi, the Senate adopted the following resolu 
 tion, which is covered also by its action on the full vote of the 
 State : 
 
 " " Resolved, That the vote cast by James J. Spellman, one of 
 the electors for the State of Mississippi, be counted/ 7 
 
 " The House of Representatives adopted the following reso 
 lution : 
 
 " " Resolved, That the electors of the State of Mississippi, having 
 been appointed in the manner directed by the Legislature of that 
 State, and in accordance with the provisions of the Constitution of 
 the United States, were legally elected, and that the vote of the 
 State as cast by them should be counted, and that the certificate 
 of the Governor of that State of the electoral vote cast, and the 
 certificate of the Secretary of State of that State in regard to the 
 choice of electors, are in compliance with the Constitution and laws 
 of the United States." 
 
 " i Therefore, by the twenty-second joint rule, there being a non- 
 concurrence between the two Houses upon the three votes cast in 
 the State of Georgia for Horace Greeley for President of the 
 United States, they cannot be counted; and in accordance with 
 the same joint rule, the votes of the State of Mississippi will be 
 counted/ 
 
 " The tellers resumed the counting of the votes, and announced 
 the same, until the State of Missouri was reached, when Senator 
 MORTON made an objection to two of the electoral votes from the 
 State of Georgia. The Vice-President held that the objection 
 came too late ; that it should have been made when the State of 
 Georgia was called. He finally, however, decided that it was in 
 time, the credentials of no other State having yet been read. 
 
 "After several other objections had been made, the Senate 
 again withdrew for deliberation, and returned at five minutes past 
 five. The Vice-President, having resumed the chair: Two objec 
 tions having been made to the counting of the votes of the electors 
 of the State of Texas, the Senate upon the first objection, made by 
 the Senator from Illinois [Mr. Trumbull], resolved as follows : 
 
 " "Resolved, That the electoral vote of the State of Texas be 
 counted, notwithstanding the objection raised by Mr. Trumbull." 
 
 " And the House of Eepresentatives resolved as follows : 
 
 " " Resolved, That in the judgment of this House the vote of 
 Texas should be counted as reported by the tellers." 
 
430 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 " On the second objection, by Mr. DICKEY, the Senate resolved 
 as follows : 
 
 " i " Resolved, That the objection raised by Mr. Dickey to count 
 ing the electoral vote of the State of Texas be and the same is 
 overruled." 
 
 " And the House of Eepresentatives resolved as follows : 
 
 " " Resolved, That a quorum is an arbitrary number which each 
 State has the right to establish for itself ; and as it does not appear 
 that the choice of electors was in conflict with the law of Texas as 
 to a quorum for the transaction of business, the vote of the electors 
 for President and Vice-President be counted." 
 
 " So (the two Houses having concurred) the electoral vote of 
 Texas, under the twenty-second joint rule, will be counted. 7 
 
 "The Senate retired again for deliberation upon objections to 
 the electoral votes from Arkansas and Louisiana. 
 
 " The Vice-President, having resumed the chair, said : The 
 objection made by the Senator from Arkansas to the counting of 
 the electoral vote of that State as declared by the tellers having 
 been considered by the two Houses, the Senate has resolved as 
 follows : 
 
 " ( "Resolved, That the electoral vote of Arkansas should not be 
 counted." 
 
 " l And the House has resolved as follows : 
 
 " "Resolved, That the electoral vote of the State of Arkansas, 
 as reported by the tellers, be counted." 
 
 " There being a non-concurrence of the two Houses on this 
 question, the vote of Arkansas, in accordance with the provisions 
 of the twenty-second joint rule, will not be counted. That rule 
 provides that 
 
 " " No question shall be decided affirmatively, and no vote 
 objected to shall be counted, except by the concurrent votes of 
 the two Houses." 
 
 " The several objections made on various grounds to the count 
 ing of the electoral votes from Louisiana having been considered 
 by the two Houses, the Senate has resolved as follows : 
 
 " " Resolved, That all objections presented having been con 
 sidered, no electoral vote purporting to be that of the State of 
 Louisiana be counted." 
 
i8;7-J WHO COUNTS THE ELECTORAL VOTE? 431 
 
 " And the House has resolved as follows : 
 
 " e " Eesolvedj That, in the judgment of this House, none of the 
 returns reported by the tellers as electoral votes of the State of 
 Louisiana should be counted." 
 
 " On this question there is a concurrence of the Houses, and the 
 electoral votes of Louisiana will not be counted. The tellers will 
 now announce the result of the vote. 
 
 " Senator SHERMAN (one of the tellers) announced the result as 
 follows, etc. 
 
 " The Vice-President then said : The whole number of electors 
 to vote for President and Vice-President of the United States, as 
 reported by the tellers, is 366, of which the majority is 184. Of 
 these votes 349 have been counted for President, and 352 for Vice- 
 President of the United States. The result of the vote for Presi 
 dent of the United States, as reported by the tellers, is, for 
 Ulysses S. Grant, of Illinois, 286 votes, etc. ; wherefore I do de 
 clare that Ulysses S. Grant, of the State of Illinois, having received 
 a majority of the whole number of electoral votes, is duly elected 
 President/ " etc. 
 
 It is to be observed that at every stage of this election the 
 final authority to decide all the questions in debate is conceded 
 to be in the two Houses, or in their agents, the tellers. 
 
 The only case in which the validity of a certificate given to 
 an elector chosen while holding an office under Federal officers 
 the Federal Government that has arisen or upon chosen as electors - 
 which the two Houses of Congress may be said to have 
 expressed any opinion, occurred at the election of Martin Van 
 Buren, in 1837. 
 
 It was ascertained that there were three individuals in 
 North Carolina, one in New Hampshire, and one in Connecti 
 cut, elected to the electoral college who bore the same names 
 with those individuals who were deputy postmasters under the 
 General Government ; and they were presumed to be the same 
 individuals. 
 
 Mr. Clay moved that the joint committee appointed to report 
 the mode of examining the votes for President and Vice- 
 President should ascertain whether any votes were given at 
 
432 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 that election contrary to the prohibition contained in the 
 Constitution against Federal officers acting as electors. 
 
 Mr. Grundy, from the committee, reported to the Senate 
 that " there were four or five electors chosen in the several 
 States who were officers of the General Government, and that 
 such votes were, in the opinion of the committee, not in con 
 formity with the provisions of the Constitution ; but at the 
 same time the few votes thus given will not vary the result of 
 the election, as it was not contemplated by any one that the 
 appointment of one ineligible elector would vitiate the vote of 
 his State." 
 
 Mr. Thomas, from the committee on the part of the House, 
 in reply to the suggestion that the electors had resigned their 
 Federal appointments before they gave their votes, said " that 
 the committee came unanimously to the conclusion that these 
 electors were not eligible at the time they were elected, and 
 therefore the whole proceeding was vitiated ab initio." 
 
 In accordance with these views, he reported from the com 
 mittee that the defect of such a choice would not be cured by 
 the resignation of the Federal office. " The committee are of 
 opinion," runs the report, that " the second section of the 
 second Article of the Constitution, which declares that no 
 senator, or representative, or person holding an office of trust 
 or profit under the United States shall be appointed an elector, 
 ought to be carried in its whole spirit into rigid execution, 
 in order to prevent officers of the General Government from 
 bringing their official power to influence the elections of Presi 
 dent and Vice-President of the United States. This provision 
 of the Constitution, it is believed, excludes and disqualifies 
 deputy postmasters from the appointment of electors ; and the 
 disqualification relates to the time of the appointments ; and 
 that a resignation of the office of deputy postmaster, after his ap 
 pointment as elector, would not entitle him to vote as elector 
 under the Constitution." This was the only instance in which 
 the question of the ineligibility of electors on this ground has 
 been raised since the Constitution has been in force. 
 
WHO COUNTS THE ELECTORAL VOTE? 433 
 
 At every presidential election since the first, down to 1865, 
 the tellers were instructed by the two Houses "TO make a list 
 not only " to make a list of the votes," but also of the votes " 
 to deliver "the result" to the President of the Senate, which 
 result he was required to announce to the two Houses. The 
 language, which became a formula for more than seventy years, 
 and was first reported by Senator Rufus King, of New York, at 
 the second election of Washington, in 1793, requires that the 
 tellers " make a list of the votes as they shall be declared ; that 
 the result shall be delivered to the President of the Senate, who 
 shall announce the state of the vote and the persons elected to 
 the two Houses assembled as aforesaid." 
 
 The twenty-second rule, adopted in 1865, required the ap 
 pointment of tellers, " to whom shall be handed, as they are 
 opened by the President of the Senate, all certificates of elec 
 toral votes ; and said tellers, having read the same in the pres 
 ence and hearing of the two Houses thus assembled, shall 
 make a list of the votes as they shall appear from the said 
 certificates ; and the votes having been counted, a list of the 
 same shall be delivered to the President of the Senate, who 
 shall thereupon announce the state of the vote and the names 
 of the persons elected," etc. 
 
 At the first election of General Washington, which was con 
 ducted very informally and without a preliminary committee 
 of procedure, the Senate notified the House that they had 
 " appointed one of their members to sit at the clerk s table 
 to make a list of the votes as they shall be declared ; submit 
 ting it to the wisdom of the House to appoint one or more of 
 their members for the like purpose." 
 
 The phrase " to make a list of the votes," employed by the 
 committee to define the duty of the tellers, doubtless ought to 
 be considered as the equivalent of " counting the votes." It is 
 obviously borrowed from the Second Article of the Constitu 
 tion, which reads as follows : 
 
 "The electors shall meet in their respective States, and vote 
 by ballot for two persons, of whom one at least shall not be an 
 VOL. n. 28 
 
434 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 inhabitant of the same State with themselves. And they shall 
 make a list of all the persons voted for, and of the number of votes 
 for each ; which list they shall sign and certify, and transmit 
 sealed to the seat of government/ etc. 
 
 Here the whole function of ascertaining the validity and 
 counting the votes for the candidates is devolved upon the 
 electors by the phrase which requires them " to make a list 
 of the persons voted for." The employment of that form 
 of speech in the resolution above cited, therefore, was not an 
 accident, and has its weight in determining the function which 
 the two Houses of Congress assigned to the tellers or to those 
 who selected them on this occasion. 
 
 Each of the two Houses has always maintained its separ- 
 
 independent power ate an d independent right to act affirmatively 
 
 in countingdecfo- u P on every vote to entitle it to be counted. 
 
 Whenever both Houses failed to agree upon 
 
 counting it, the vote has never been counted. 
 
 At the second election of Monroe, in 1821, the joint commit 
 tee of the two Houses on the mode of counting the votes, in 
 anticipation of an irreconcilable difference of opinion about 
 the admission of Missouri, and to avoid a collision from 
 which no good seemed likely to come, adopted the following 
 resolution : 
 
 "Resolved, That if any objection be made to the votes of Missouri, 
 and the counting or omitting to count which shall not essentially 
 change the result of the election, in that case they shall be reported 
 by the President of the Seriate in the following manner : 
 
 " Were the votes of Missouri to be counted, the result would be 
 
 for A. B. for President of the United States, votes ; if not 
 
 counted for A. B. as President of the United States, votes ; 
 
 but in either event, A. B. is elected President of the United 
 States : and in the same manner for Vice-President." 
 
 In reply to the objection that this was practically not count 
 ing the electoral vote, Mr. Clay, who, as chairman of the com 
 mittee, had reported the resolution, said " that the difficulty is 
 before us ; that we must decide it when the two Houses meet, 
 or avoid it by some previous arrangement. The committee, 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 435 
 
 being morally certain that the question would arise on the 
 votes in joint meeting, thought it best, as he had before stated, 
 to give it the go-by in this way. Suppose this resolution not 
 adopted, the President of the Senate will proceed to open and 
 count the votes ; and would the House allow that officer, singly 
 and alone, thus virtually to decide the question of the legality 
 of the votes ? If not, how then were they to proceed ? Was 
 it to be settled by the decision of the two Houses conjointly, 
 or of the two Houses separately ? One House would say the 
 votes ought to be counted, the other that they ought not ; and 
 then the votes would be lost altogether. Would the gentleman 
 from New York prefer that it be decided in joint meeting ? In 
 that case he would find himself in a much leaner majority than 
 on the question yesterday. In fact, Mr. Clay said, there was no 
 mode pointed out in the Constitution of settling litigated ques 
 tions arising in the discharge of this subject ; it was a casus 
 omissus ; and he thought it would be proper either by some act 
 of derivative legislation, or by an amendment of the Constitu 
 tion itself, to supply the defect." 
 
 In 1857 Mr. Seward corrected Senator Bigler for speaking 
 of a meeting of the two Houses under the eighth article of 
 the Constitution as " a convention. 7 " Then I will say that 
 the two Houses assembled," replied Mr. Bigler. 
 
 In the same way the vote of Michigan in 1837, like that of 
 Missouri, was counted in the alternative. 
 
 The vote of Wisconsin was counted in substantially the same 
 way in 1857. 
 
 In 1869 the vote of Georgia was counted in the alternative, 
 and in 1873 three votes from Georgia, and all the votes from 
 Arkansas were not counted, in consequence of one of the 
 Houses refusing to count the electoral vote of that State. 
 
 The two Houses have even carried the principle here illus 
 trated so far as not to debate any question of difference in each 
 other s presence. So soon as debate became necessary, the 
 Senate uniformly withdrew to its own chamber if sitting in the 
 House, and the House has withdrawn if sitting in the Senate 
 
43G THE WORKS OF SAMUEL J. TILDE TV. [1877. 
 
 Chamber. In 1817, when Mr. Taylor from New York arose in 
 the joint session, and addressing himself to the Speaker of the 
 House, not to " the President of the Senate," was proceeding 
 to state his reasons for objecting to the votes from Indiana be 
 ing read and recorded, the Speaker interrupted him, and said 
 that the two Houses had met for the purpose the single spe 
 cific purpose of performing the constitutional duty which 
 they were then discharging ; and that while so acting in joint 
 meeting they would consider no proposition nor perform any 
 business not prescribed by the Constitution. 
 
 Mr. Varnum, of the Senate (addressing the President of the 
 Senate), expressed his concurrence in the propriety of what 
 had been stated by the Speaker ; and for the purpose of allow 
 ing the House of Representatives to deliberate on the question 
 which had been suggested, he moved that the Senate withdraw 
 to their chamber. 
 
 The motion was seconded by Mr. Dana of the Senate ; and the 
 question being put by the President to the members of the 
 Senate, it was unanimously agreed to, and the Senate withdrew 
 accordingly. 
 
 After debate, the House sent a message to inform the Senate 
 of its readiness to proceed with the counting. 
 
 The Senate soon after again entered the Representatives 
 Hall, when the Speaker informed them that the House of Rep 
 resentatives had not seen it necessary to come to any resolu 
 tion, or to take any order on the subject which had produced 
 the separation of the two Houses. The reading of the votes 
 was then concluded. 
 
 In discussing the order of procedure at the election in 1821, 
 Mr. King said : " He was opposed to the settlement of any liti 
 gated question in joint meeting, where the Senate as a body 
 would be lost, and argued that whenever any such should 
 arise, it would be always proper that the two Houses should 
 separate." 
 
 At a later stage of the debate, Mr. King, of New York, in 
 accordance with the opinions he had submitted, wished some 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 437 
 
 amendment introduced to prevent the mode of proceeding from 
 being quoted as a precedent hereafter, an amendment declar 
 ing that if any question should arise relative to any votes in 
 joint meeting, the two Houses would separate to consider the 
 case and not decide it jointly. 
 
 Mr. Barbour said that on the present occasion, as the elec 
 tion could not be affected by the votes of any one State, no diffi 
 culty could arise ; and that it was his intention hereafter to 
 bring the subject up, to remedy what he considered a casus 
 omissus in the Constitution, either by an Act of Congress, if 
 that should appear sufficient, or if not, by proposing an amend 
 ment to the Constitution itself. 
 
 Again, in 1821, when an objection was made by Mr. Liver- 
 more, of New Hampshire, to counting the votes of Missouri, the 
 Journal of the Senate says : 
 
 "Whereupon, on motion of Mr. Williams, of Tennessee, the 
 Senate returned to its own chamber." 
 
 Afterward the Senate received a message from the House, 
 that it was now ready to receive the Senate for the purpose of 
 continuing the examination of the votes ; and on motion the 
 Senate returned to the joint session. 
 
 At the election in 1857 there was a question about receiving 
 the vote of Wisconsin. To a remark of Mr. Letcher, the 
 Vice-President said, " No debate is proper in the opinion of 
 the presiding officer." 
 
 Mr. Crittenden, of Kentucky : " Do I understand the Chair 
 to decide that Congress in any form has power to decide upon 
 the validity or invalidity of a vote ? " 
 
 The Presiding Officer : " The presiding officer has made no 
 such decision, he will inform the Senator from Kentucky. 
 The Chair considers that under the law and the concurrent 
 order of the two Houses, nothing can be done here but to 
 count the votes by tellers, and to declare the vote thus 
 counted to the Senate and House of Representatives sitting 
 in this chamber. What further action may be taken, if any 
 
438 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 further action should be taken, will devolve upon the properly 
 constituted authorities of the country, the Senate or the 
 House of Representatives, as the case may be. The Chair 
 was misunderstood by the Senator from Kentucky." 
 
 There was such a diversity of opinion among the members 
 about the ruling of the President of the Senate, that he invited 
 a motion to withdraw. Senator Trumbull said : " A difficulty 
 has arisen here ; let us retire and consider it in the only con 
 stitutional way we can, and that is in separate bodies." In this 
 case the motion to withdraw was only put to and voted on by 
 the members of the Senate. They retired immediately upon its 
 passage, and did not return. Neither the Senate nor the House 
 could have acted much more independently of one another if 
 each had been entirely alone. In the debate which ensued in 
 the House, Humphrey Marshall insisted that " the Senate and 
 House must act upon the question at issue as separate bodies, 
 vote as distinct organizations, and when the vote is to be taken 
 the Senate very properly retires to consult separately how the 
 vote of the Senate shall be given upon the question, and its 
 vote will then be announced by its own appointed organ. If 
 you adopt any other construction of the Constitution, on the one 
 hand you supersede the House, and place all power over the 
 count in the hands of the President of the Senate ; on the other 
 hand, you destroy the just weight of the Senate, and may estab 
 lish a precedent, by virtue of which at some future day a large 
 body of representatives may set aside an election made by the 
 people through the electoral college, and assume the power of 
 bringing the election before the House of Representatives. I 
 am therefore clear that the Houses meet as Houses, and no 
 vote per capita can be taken. Still, I am sure that the duty of 
 determining whether a vote shall be counted belongs to the 
 Senate and House, and not to the President of the Senate ; and 
 it is a duty I insist we shall perform before the vote shall be 
 counted." 
 
 At the second election of Lincoln, in 1865, the principle of 
 the complete independence of each of the two Houses in can- 
 
1877.1 WHO COUNTS THE ELECTORAL VOTE? 439 
 
 vassing the electoral votes, and the necessity of the affirmative 
 vote of each to entitle a vote to be counted, was incorporated 
 into a joint rule of the two Houses, where by the approval of 
 the Executive it acquired all the moral authority of a law. 
 This clause of the rule which covers the provision runs as 
 follows : 
 
 " If upon the reading of any such certificate by the tellers any 
 question shall arise in regard to counting the votes therein cer 
 tified, the same having been stated by the presiding officer, the 
 Senate shall thereupon withdraw, arid said question shall be sub 
 mitted to that body for its decision ; and the Speaker of the House 
 of Representatives shall in like manner submit said question to 
 the House of Representatives for its decision ; and no question 
 shall be decided affirmatively, and no vote objected to shall be 
 counted, except by the concurrent votes of the two Houses, which 
 being obtained, the two Houses shall immediately reassemble, and 
 the presiding officers shall then announce the decision of the 
 question submitted ; and upon any such question there shall be 
 no debate in either House ; and any other question pertinent to 
 the object for which the two Houses are assembled may be sub 
 mitted and determined in like manner." 
 
 Under the operation of this rule, at the three last Presiden 
 tial elections (in 1865, 1869, and 1873), the two Houses have 
 repeatedly separated for the purpose of debate. 
 
 So settled and invariable has been the practice of the two 
 Houses to act separately on the question of counting a 
 vote, and so general has been their practice to withdraw to 
 their respective chambers for debate and decision, that the 
 principle has been incorporated into every plan for regu 
 lating the mode of the counting by standing joint rules or by 
 statute. 
 
 In the joint rule of 1865, which governed the counting in 
 1865, 1869, and 1873, the separate action of the two Houses 
 is expressly provided. 
 
 The law proposed in 1800 contained a similar provision. So 
 did the law which passed the Senate in 1875. So did the law 
 which passed the Senate in 1876. The latter Bill contained 
 this clause : 
 
440 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 " If upon the reading of any such certificate by the tellers any 
 question shall arise in regard to counting the votes therein cer 
 tified, the Senate shall thereupon withdraw, and said question 
 shall be submitted to the body for its decision ; and the Speaker 
 of the House of Representatives shall in like manner submit said 
 question to the House of Eepresentatives for its decision." 
 
 The counting of a vote is an affirmative act. It involves the 
 Effect of disagree- examination of the certificate, the reading it in 
 
 ment of the two TI.PI 
 
 Houses. the presence and hearing of the two Houses, the 
 
 entering of the votes upon the list, and the enumeration of the 
 vote in the footing which states the result. All these steps 
 are affirmative acts. 
 
 In all cases where two persons or two bodies are required to 
 concur in the doing of an act, and each has a discretion to do 
 it or not, if they cannot agree, the act cannot be done. It is 
 the familiar case of two judges who do not agree ; and the result 
 is that no judgment can be rendered. 
 
 The construction which has been uniformly adopted and acted 
 on in respect to the counting of an electoral vote by the two 
 Houses is, that if they do not concur affirmatively in favor of 
 counting the vote, it cannot be counted. 
 
 Mr. Clay said, in 1821 : " One House would say the votes 
 ought to be counted, and the other that they ought not ; and 
 then the votes would be lost altogether." 
 
 The joint rule adopted in 1865, which governed three 
 Presidential elections, in codifying the existing practice of 
 the two Houses, expressly declared that " no vote objected 
 to shall be counted except by the concurrent vote of both 
 Houses." 
 
 The law proposed in 1800 for regulating the counting of 
 electoral votes recognized the same principle as in operation 
 unless it was controlled and changed by statute. The Bill 
 introduced by Senator Morton, which passed the Senate in 
 1875 and in 1876, proposed to change this rule in cases where 
 there should be but one return from a State, and to require 
 the two Houses to concur in counting the vote, unless both 
 
1877-] WHO COUNTS THE ELECTORAL VOTE? 441 
 
 should agree in rejecting it ; but that effect was to be produced 
 by statute. 
 
 There is a respectable opinion manifested by individuals in 
 many of the debates that the two Houses may 
 
 J Joint ballot. 
 
 be deemed to be one body for the purpose of 
 counting the electoral votes, and may act together, the members 
 voting per capita. But there has been no practice sanctioning 
 such a conclusion ; and no law has, nor has any provision of 
 the Constitution, provided for the merger of the two bodies at 
 any time or for any purpose. Doubtless the idea arises from 
 the habit of the State legislatures, when the two Houses do not 
 agree in an election, to attain a result by their meeting in joint 
 ballot. Congress has by law provided that such an arbitra 
 ment shall be resorted to in order to solve a disagreement of 
 the two Houses of the State legislatures in the election of 
 United States senators. 
 
 This expedient has its suggestion in the absolute necessity 
 of some remedy ; and in the fact that this accords with the 
 theory and spirit of our institutions, has been in most cases 
 adopted by the State governments, and practised, to the 
 satisfaction of everybody, and is the safest possible solution of 
 a great practical difficulty. 
 
 In legislation, the independent action of the two Houses and 
 their veto on each other, work little practical inconvenience. 
 But in the choice of a public officer, without whom the govern 
 ment cannot go on, there must be found some mode of effecting 
 an election. In the discussion of the Bill proposed in 1800 to 
 regulate the counting of electoral votes and to determine the 
 results of the Presidential election, an amendment was offered 
 providing, in case of a disagreement between the two Houses in 
 respect to the counting of a vote, that the question should be 
 decided by a vote of the two Houses per capita. 
 
 On the 30th of April, 1800, the records state, " A motion of 
 Mr. Gallatin was under consideration to insert, instead of the 
 principle that in case of doubt the Houses should divide to their 
 respective chambers to consider the qualification or disqualifi- 
 
442 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 cation of a vote or votes from their joint meeting, if such 
 questions should arise at counting of the votes, the following 
 words : And the question of the exception shall immediately, 
 and without debate, be taken by yeas and nays, and decided 
 by a majority of the members of both Houses then present. " 
 The amendment was lost, 44 to 46. 
 
 On the 1st of May the same amendment was again offered, 
 and lost, 43 to 46. Among those who voted for it were 
 Albert Gallatin, Nathaniel Macon, John Nicholas, John Ran 
 dolph, John Smilie, Joseph B. Varnum, and other lights of 
 the party which supported Mr. Jefferson. 
 
 The tellers being ministerial agents of the power that 
 appoints, they have no authority to decide 
 
 \_yftS6S Or VOtGS 
 
 counted and votes finally upon the admission or rejection of the 
 
 refused to be 
 
 counted by the electoral vote, nor is there an instance of their 
 
 two Houses. 
 
 claiming such a right ; but they are the agents 
 of the two Houses of Congress, of which they are also members. 
 The two Houses have always claimed, and repeatedly exercised, 
 the right to pass upon and reject electoral votes, and always 
 without reference to the opinion or wishes of the President 
 of the Senate. 
 
 At the first election of Monroe, in 1817, objection was made, 
 in the joint session of the two Houses, to counting the vote of 
 Indiana, on the ground that it was not a State in the Union at 
 the time the electors were chosen. Her vote, however, was 
 counted, representatives for that State having already been 
 admitted to seats in the Upper House. 
 
 At Monroe s second election, in 1821, objection was made in 
 like manner to counting the votes of the State of Missouri, and 
 for the same reason her votes were finally ordered to be counted 
 in the alternative ; as thus, 231 votes for President Monroe, 
 if the votes of Missouri are counted, and 228 if the votes of 
 Missouri are not counted ; Mr. Monroe in either case having a 
 majority. Non constat that had her vote promised to affect the 
 result it would not have been rejected. In the famous debate 
 which took place on that occasion, 
 
WHO COUNTS THE ELECTORAL VOTE? 443 
 
 " Mr. Clay said the Constitution required of the two Houses to 
 assemble and perform the highest duty that could devolve on a 
 public body, to ascertain who had been elected by the people to 
 administer their national concerns. In a case of votes coming for 
 ward which could not be counted, the Constitution was silent ; but 
 fortunately the end in that case carried with it the means. The 
 two Houses were called on to enumerate the votes for President 
 and Vice-President. Of course they were called on to decide what 
 are votes. It being obvious that a difficulty would arise in the 
 joint meeting concerning the votes of Missouri, some gentlemen 
 thinking they ought to be counted, and others dissenting from that 
 opinion, the committee thought it best to prevent all difficulty by 
 waiving the question in the manner proposed, knowing that it could 
 not affect the result of the election. As to the condition of Mis 
 souri, he himself thought her a State with a perfect moral right to 
 be admitted into the Union, but kept out for the want of a ceremo 
 nious act which was deemed by others necessary to entitle her to 
 admission. Though in his opinion a State in fact, yet not being 
 so in form, her votes could not be counted according to form. He 
 was aware that the question of her admission might come up and 
 be decided in this very shape ; for if Congress allowed her to vote 
 for President and Vice-President, and counted her votes, it would 
 be a full admission of the State into the Union. But the committee 
 thought, as there were other and more usual modes of admitting 
 the State into the Union, it was better not to bring up the question 
 in the discharge of this solemn and indispensable duty, but to 
 allow that ceremony to proceed if possible without difficulty or 
 embarrassment." 
 
 At the election of Yan Buren, in 1837, a like objection was 
 made to receiving the electoral vote of Michigan. It also was 
 finally counted, like that of Missouri, in the alternative, as it 
 could have no practical effect upon the result. 
 
 At the election of Buchanan, in 1857, the vote of Wisconsin 
 was objected to because, in consequence of a violent snowstorm, 
 the election had been held the day after that prescribed by law. 
 Her vote, however, was declared by the Yice-President as it 
 was reported to him by the letters, in obedience to the specific 
 instruction of the two Houses, and without any pretension 
 himself to pass upon the validity or invalidity of the electoral 
 certificates. The two Houses in this case separated with- 
 
444 THE WORKS OF SAMUEL J. TILDE N. [1877. 
 
 out formulating their decision as to the validity of such 
 election. 
 
 At the beginning of the second session of the Thirty-eighth 
 Congress, and immediately prior to the second election of Presi 
 dent Lincoln, in 1865, a joint resolution was passed declaring 
 that the inhabitants of the States of Virginia, North Carolina, 
 South Carolina, Georgia, Florida, Alabama, Mississippi, Louisi 
 ana, Texas, Arkansas, and Tennessee had rebelled against the 
 Government of the United States ; had continued in a state of 
 armed rebellion for more than three years, and were in a state 
 of armed rebellion in November, 1864 ; and provided that these 
 States should not be allowed representation in the electoral col 
 lege for choice of President and Vice-President of the United 
 States for the term of office commencing "on the 4th of March, 
 1865, and that no electoral votes from any of those States 
 should be received or counted. 
 
 In the debate to which this joint resolution gave rise, the 
 power of the two Houses of Congress to exclude the electoral 
 vote of the State, upon sufficient cause shown, was not ques 
 tioned ; the only doubt raised upon the subject being whether 
 the House alone had the power to exclude the vote of a State. 
 
 This joint resolution received the formal approval of Presi 
 dent Lincoln, communicated in the following Message to Con 
 gress, on the 10th day of February, 1865, only three days 
 before the election : 
 
 EXECUTIVE MANSION, Feb. 8, 1865. 
 
 To the Honorable Senate and House of Representatives. 
 
 THE joint resolution entitled, " Joint Resolution declaring certain 
 States not entitled to representation in the electoral college " has 
 been signed by the Executive in deference to the view of Congress 
 implied in its passage and presentation to him. 
 
 In his own view, however, the two Houses of Congress, convened 
 under the Twelfth Article of the Constitution, have complete power 
 to exclude from counting all electoral votes deemed by them to be 
 illegal ; and it is not competent for the Executive to defeat or ob 
 struct that power by a veto, as would be the case if his action were 
 at all essential in the matter. He disclaims all right of the Execu- 
 
I877-] WHO COUNTS THE ELECTORAL VOTE? 445 
 
 tive to interfere in any way in the matter of canvassing or count 
 ing the electoral votes ; and he also disclaims that by signing said 
 resolution he has expressed any opinion on the recitals of the 
 preamble, or any judgment of his own upon the subject of the 
 resolution. ABRAHAM 
 
 This is the first instance, it deserves to be remarked, in which 
 the doctrine that the two Houses of Congress, " convened under 
 the Twelfth Article of the Constitution," have complete power 
 to exclude from counting " all electoral votes deemed by them to 
 be illegal," received the full sanction of a law by the concurring 
 approval of both Houses of Congress and the Executive. It is 
 impossible that the traditional interpretation of the Twelfth 
 Article of the Constitution should receive more authoritative 
 confirmation. 
 
 At the first election of General Grant, in 1869, the votes of 
 the electors of Louisiana were objected to on the ground that 
 no valid election had been held there ; her vote, however, was 
 counted. 
 
 The electors from Georgia were objected to on four distinct 
 grounds, 1. Because the electors were not chosen on the day 
 required by law, nor any excuse given for the neglect. 2. Be 
 cause at the date of the election the State of Georgia had not 
 been admitted to representation as a State in Congress since 
 the rebellion. 3. Because she had not complied with the Re 
 construction Act. 4. Because " the election was not a free, 
 just, equal, and fair election, but that the people were deprived 
 of their just right therein by force and fraud." Her vote was 
 counted in the alternative. 
 
 At the second election of General Grant, in 1873, three votes 
 cast in Georgia for Horace Greeley were objected to because Mr. 
 Greeley was dead at the time such votes were cast. The two 
 Houses not agreeing about the validity of these votes, they 
 were not counted. It was also objected to all the electors from 
 the State of Georgia that the certificate did not show that the 
 electors voted by ballot. The certificate of the elector Spell- 
 man, from the State of Mississippi, was objected to because it 
 
446 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 was not authenticated by the signature of the Governor. This 
 objection was overruled by the joint vote of the two Houses. 
 It was objected to the electors from Texas that they had no 
 certificate authenticated by the Executive, and that four elect 
 ors, less than half a majority, had presumed to fill the places 
 of the four absentees who were elected. This objection also 
 was overruled by the two Houses. The electors from Arkansas 
 were objected to, 1. Because the official returns showed that 
 the electors claiming to represent the State had not been chosen. 
 2. Because the returns were not certified under the great seal 
 of the State, according to law. The two Houses not concurring 
 in the validity of these certificates, the vote of Arkansas was 
 not counted. 
 
 Here we have the electoral votes of twenty-one States to 
 which objections have been raised at different times by the two 
 Houses in joint session. In four of these cases the objections 
 were overruled ; in three the votes were counted in the alterna 
 tive ; in thirteen the votes were excluded ; and in one, that of 
 Wisconsin, the objections were not passed upon. On the other 
 hand, there is no instance of an objection being raised as to the 
 validity of any electoral vote by the President of the Senate, 
 nor of his expressing an official opinion as to the force or pro 
 priety of any objection raised in either House of Congress. 
 
 1. The exclusive jurisdiction of the two Houses to count the 
 electoral votes by their own servants, and under 
 
 Summary. 
 
 such instruction as they may deem proper to 
 give on occasions arising during the counting, or by previous 
 concurrent orders, or by standing joint rules, or by the formal 
 enactments of law, has been asserted from the beginning of the 
 Government ; that exclusive jurisdiction has been exercised at 
 every Presidential election from 1793, when a regular proced 
 ure was first established, until and including the last count of 
 electoral votes in 1873. It was exercised by concurrent orders 
 of the two Houses from 1793 to 1865, and by a standing joint 
 rule in 1865, 1869, and 1873. Every counting at these twenty- 
 one successive Presidential elections has been conducted under 
 
1 877.] WHO COUNTS THE ELECTORAL VOTE? 447 
 
 and governed by the regulations thus imposed. Those regula 
 tions have prescribed every step in the procedure ; have defined 
 and regulated the powers of every person who has participated 
 in any ministerial service in the transaction. They have con 
 trolled every act of the President of the Senate in respect to 
 the counting except the single act of opening the packages of 
 the electoral votes transmitted to him by the colleges, which 
 is a special duty imposed on him by the Constitution. During 
 all this long period the exclusive jurisdiction of the two 
 Houses, exercised upon numerous successive occasions, has 
 never in a single instance been the subject of denial, dispute, 
 or question. 
 
 2. The President of the Senate, although he has regularly, 
 in person or by some substitute appointed by the Senate, per 
 formed the constitutional duty of opening the electoral votes, 
 has never, on any occasion or in any single instance, attempted 
 to go a step beyond that narrow and limited function. In no 
 instance has he ever attempted to determine what votes he 
 should open, but has opened all, and submitted them to the 
 action of the two Houses, unless required to omit particular 
 votes by the concurrent orders of the two Houses, or by enact 
 ments in the form of laws in which the two Houses had 
 concurred. Where duplicate or triplicate returns have been 
 received (when returns from two sets of persons claiming to be 
 electors), he has invariably opened and submitted all of them. 
 As a mere temporary custodian, in the absence of the rightful 
 owner, he has never assumed to withhold anything or delay any 
 thing. He has obeyed the orders of the two Houses as to every 
 act which he has done during the counting, and as to the an 
 nouncement of the footing of the tellers when they had enume 
 rated the votes. He has performed such duties as have been 
 imposed upon him by the concurrent orders of the two Houses, 
 and none other ; and he has performed those duties in the 
 manner and under the instructions given by the order of the 
 two Houses. In no single instance has he ever pretended to 
 have any right to decide any question as to the authenticity or 
 
448 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 validity of a vote, or to interfere with the tellers in the count 
 ing, or to determine what certificates or evidence of electoral 
 votes should be submitted to the two Houses. He has acknowl 
 edged without reservation the most absolute authority of the 
 two Houses over the whole subject, and recognized the fact 
 that any function beyond the opening of the packages of certifi 
 cates which he might exercise was derived from the two Houses 
 and performed as their servant. In the whole history of the 
 Government there is not a single exception to this established 
 and continuous usage. 
 
 3. The two Houses have not only always exercised the 
 power to count the electoral vote in such manner and by such 
 agents as they might choose to do it exclusively, without inter 
 ference from anybody else, but they have exercised the right 
 to fix and establish the methods of procedure by standing 
 rules. They have also asserted the right to prescribe a perma 
 nent method of counting the electoral votes. Whatever powers 
 exist in the Federal Government for the purpose of ascertain 
 ing and determining the result of a Presidential election by a 
 canvass of the electoral votes, the two Houses of Congress 
 have always claimed to possess, and to possess exclusively, 
 subject to such regulations by law as they might themselves 
 concur in enacting ; and they have always asserted the right 
 of the law-making power of Government to legislate on this 
 subject under the general constitutional grant of authority 
 " to make all laws which shall be necessary or proper for 
 carrying into execution " the " powers vested in the Gov 
 ernment of the United States by any department or office 
 there." 
 
 It has been several times proposed to regulate by act of 
 Congress the mode of counting the electoral votes, of verifying 
 the authenticity and validity of the votes, and determining the 
 result of the Presidential election, so far as those powers are to 
 be exercised by the two Houses. A Bill for this purpose was 
 introduced and discussed in Congress early in the year 1800, 
 when many of the persons who had participated in the forming 
 
1877-] WHO COUNTS THE ELECTORAL VOTE? 449 
 
 of the Constitution in the Convention of 1787, or in its ratifi 
 cation by the State conventions, were in Congress. Although 
 differences of opinion as to what would be wise and safe regu 
 lations for the counting existed to such extent as to defeat any 
 agreement upon the details of the measure, the debate failed 
 to develop any question or doubt as to the exclusive authority 
 of the two Houses to count the votes and to prescribe by con 
 current action the mode of their counting. From the begin 
 ning to the end of the debate that authority was taken for 
 granted. Among the prominent figures in that Congress were 
 John Langdon, who at the organization of the Government in 
 1789 had acted as the special President of the Senate on the 
 anomalous first counting, before any regular procedure had 
 been devised ; John Marshall, afterward Chief Justice ; Albert 
 Gallatin, who became famous as a publicist, as a statesman, 
 and as a financier ; and other men who had personal knowl 
 edge and fresh traditions of the meaning of the framers of the 
 Constitution, and of the sense by which its provisions were in 
 terpreted and had been adopted by the States and the people. 
 The assumption unanimously by Congress, eleven years after 
 the Constitution was set in motion, that the two Houses possess 
 full and exclusive powers in respect to counting the electoral 
 votes, carries with it, therefore, the weight of the most distin 
 guished contemporaneous exposition. That debate nowhere 
 exhibits any question of the authority of the two Houses to 
 count, and nowhere recognizes any power whatever on the part 
 of the President of the Senate to count. 
 
 In 1875, and again in 1876, a Bill regulating the mode of 
 counting was introduced into the Senate, and received a full 
 and elaborate discussion in that body and the affirmative vote 
 of a majority of the senators. On many occasions when the 
 electoral votes were to be counted, or during the process, or in 
 some debate to which it gave rise, the powers of the two 
 Houses have been more or less discussed. While individual 
 eccentricities of opinion or idiosyncrasies have exhibited them 
 selves in the advocacy of the pretension on the part of the 
 
 VOL. ii. 29 
 
450 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 President of the Senate to go theoretically beyond the limits 
 of his constitutional duty in opening the packages of electoral 
 certificates, such instances have never exceeded one in a hun 
 dred of the members of the two Houses ; have never made any 
 practical progress or exerted any practical influence on the 
 opinion or conduct of the two Houses ; have never interrupted 
 or modified the uniform current of the precedents, or in a 
 single instance inspired any incumbent of the chair of the 
 Senate to the slightest spirit of enterprise toward the enlarg- 
 ment of his constitutional prerogative. On the other hand, the 
 exclusive authority of the two Houses of Congress over the 
 counting has been universally and uniformly assumed and 
 taken for granted ; and so often as the members have been 
 tempted into any incidental mention of their opinions, the 
 expressions asserting such exclusive power on the part of the 
 two Houses have been overwhelming in numbers and in weight 
 of authority. 
 
 In the mean time it is proper to observe without find 
 ing it necessary or convenient on this occasion to discuss the 
 exact limits of the powers of the two Houses in judging of the 
 authenticity and validity of electoral votes or of the extent to 
 which their investigations may be carried for that purpose 
 thatfthe powers of the two Houses in this respect are not 
 arbitrary powers, to be exercised at their own mere will, but 
 are trust-powers, to be exercised under all the solemn obliga 
 tions that belongto judicial discretion in the most august of 
 human tribunals.j 
 
 1 This document was followed by several pages of citations from the speeches 
 and votes of the following prominent members of the Government at Washing 
 ton, sustaining the positions that 
 
 (1) The President of the Senate does not count the electoral vote under our 
 Constitution; (2) That the two Houses count it; (3) That the two Houses decide 
 what are votes, and upon the legality of the votes ; (4) That the two Houses inspect 
 the returns, each by its own chosen tellers; (5) That the two Houses may go 
 behind the returns; (6) That allowing the President of the Senate to count the 
 vote might prove fatal to the public peace, might enable one man to disfranchise a 
 State, and even elect himself. 
 
1877.] WHO COUNTS THE ELECTORAL VOTE? 451 
 
 President Abraham Lincoln, Henry Clay and John J. Crittenden of Kentucky, 
 John Sherman of Ohio, Edmunds of Vermont, Boutwell and Dawes of Massachu 
 setts, Morton of Indiana, Thurman of Ohio, Logan and Trumbull of Illinois, 
 Frelinghuysen of New Jersey, Conkliug of New York, Christiancy of Michigan, 
 Eaton of Connecticut, Maxcy of Texas, Howard of Michigan, Garrett Davis of 
 Kentucky, Stewart of Nevada, Reverdy Johnson of Maryland, Cowan of Pennsyl 
 vania, Bingham of Ohio, Humphrey Marshall of Kentucky, R. M. T. Hunter of 
 Virginia, Benjamin F. Butler of Massachusetts, John P. Hale of New Hampshire, 
 Jacob M. Howard of Michigan, Jacob Collamer of Vermont, John Randolph of 
 Virginia, Robert Toombs of Georgia, A. P. Butler of South Carolina, Charles E. 
 Stuart of Michigan, James L. Orr of South Carolina, Wright of Iowa, Whyte of 
 Maryland, Schuyler Colfax of Indiana, William H. Seward and Francis Kernan of 
 New York, Saulsbury of Maryland, Merrimon of North Carolina, Israel Wash- 
 burne, Jr., of Maine, Pugh of Ohio. 
 
 Eight years later, in the Presidential count of Feb. 11, 1885, the powers which in 
 1876-1877 had been offensively arrogated by and on behalf of Mr. Ferry, of Michi 
 gan, as President of the Senate, were by his fellow-partisan and successor in that 
 office, Mr. Edmunds, of Vermont, explicitly disclaimed, as will be seen by the follow 
 ing extract from the "Congressional Record" of Feb. 12, 1885, pages 1683-84 : 
 
 "COUNTING THE ELECTORAL VOTE. 
 
 "At 12 o clock m. the Doorkeeper announced the Senate of the United States. 
 
 "The Senate entered the hall preceded by its Sergeant-at-Arms and headed by the 
 President and the Secretary of the Senate, the members and officers of the House rising 
 to receive them. 
 
 "The President of the Senate [Mr. Edmunds] took his seat as presiding officer of the 
 joint convention of the two Houses, the Speaker pro tempore [Mr. Blackburn] occupying 
 the chair on the left of the Vice-President. 
 
 "The President of the Senate: The two Houses have met pursuant to the Constitution 
 and the laws and their concurrent resolution for the purpose of executing the duty 
 required by the Constitution and the laws in the matter of counting the electoral vote for 
 President and Vice-President cast by the electors in the several States for the term com 
 mencing on the 4th of March, 1885. The tellers appointed by the two Houses will please 
 take their places. 
 
 " Mr. Hoar and Mr. Pendleton, the tellers appointed on the part of the Senate, and 
 Mr. Clay and Mr. Keifer, the tellers appointed on the part of the House, took their seats 
 at the Clerk s desk, at which the Secretary of the Senate and the Clerk of the House also 
 occupied seats. 
 
 " The President of the Senate : The President of the Senate will open the votes of the 
 several States in their alphabetical order, and now opens the certificates from the State 
 of Alabama and hands to the chairman of the tellers on the part of the Senate the cer 
 tificate of Alabama received by mail, and to the chairman of the tellers on the part of the 
 House of Representatives the certificate received by messenger. The certificate will be 
 read. 
 
 " Senator HOAR (one of the tellers) said : Mr. President, the tellers on the part 
 of the Senate and on the part of the House of Representatives have ascertained the 
 state of the vote of the electors of the respective States for the offices of President and 
 Vice-President of the United States; and it appears that the whole number of electors 
 appointed to vote for President and Vice-President is 401, of which a majority is 201. 
 The state of the vote for President of the United States is, for Grover Cleveland, of the 
 State of New York, 219; for James G. Elaine, of the State of Maine, 182. For Thomas 
 A. Hendncks, of the State of Indiana, for the office of Vice-President of the United 
 
452 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 States, 219 ; and for John A. Logan, of the State of Illinois, for the office of Vice-Presi 
 dent, 182. 
 
 "The President of the Senate: Senators, and Members of the House of Representa 
 tives, the tellers have reported to the presiding officer the state of the vote which you have 
 heard, from which it appears that Grover Cleveland, of the State of New York, has 
 received 219 votes for the office of President of the United States, and that James G. 
 Elaine, of the State of Maine, has received 182 votes for the same office; that Thomas A. 
 Hendricks, of the State of Indiana, has received 219 votes for the office of Vice-President 
 of the United States, and that John A. Logan, of the State of Illinois, has received 182 
 votes for the same office. 
 
 " Wherefore I do declare that Grover Cleveland, of the State of New York, has 
 received a majority of the votes of the whole number of electors appointed, as they appear 
 in the certificates read by the tellers, and so appears to have been elected President of 
 Ihe United States for four years, commencing on the 4th day of March, 1885; and that 
 Thomas A. Hendricks, of the State of Indiana, has received a majority of the votes of the 
 whole number of electors appointed, as they appear in the certificates read by the tellers, 
 and so appears to have been elected Vice-President of the United States for four years, 
 commencing on the 4th day of March, 1885. And the President of the Senate makes this 
 declaration only as a public statement in the presence of the two Houses of Congress of 
 the contents of the jjapers opened and read on this occasion, and not as possessing any 
 authority in law to declare any legal conclusion whatever. " 
 
 When the question of counting the electoral vote was presented by itself and 
 under conditions which offered no temptation to magnify the presiding senator s 
 office, Congress seems never to have had any serious difference of opinion on this 
 subject, agreeing almost unanimously with Senator Edmunds as he expressed 
 himself in announcing the vote for Cleveland and Hendricks, that the presiding 
 officer of the Senate had authority only to open and state the contents of the 
 returns produced before him, but no authority to declare any legal conclusion 
 from them whatever. 
 
LVIL 
 
 THE four electoral votes of the State of Florida cast at the 
 Presidential election of 1876 were contested before the two 
 Houses of Congress assembled to count the electoral vote. 
 The first canvass of the Board of State Canvassers was set 
 aside by order of the Supreme Court on the application of 
 Drew, the Democratic candidate for governor, and he was duly 
 installed. Both canvasses were subsequently set aside by an 
 act of the Legislature for alleged irregularities, and a new 
 canvass ordered according to rules prescribed by the Supreme 
 Court. By this canvass it appeared that the Tilden electors 
 had the highest number of votes. The Governor s certified lists, 
 required by statute, were not furnished on or before the day on 
 which " the electors were required to meet for the purpose of 
 casting and certifying their votes," but after that day. The 
 following brief was prepared by Mr. Tilden to show that want 
 of punctuality in furnishing these lists could be and was cured 
 by other evidence. 
 
BRIEF ON THE FLORIDA ELECTORAL VOTE. 
 
 1. THE Constitution of the United States does not prescribe 
 the evidence of the appointment of electors. It does not require 
 certified lists or certificates from the governor that persons 
 claiming to have been appointed as electors have in fact been 
 so appointed. It does not require any particular form of proof. 
 It is wholly silent in respect to the evidence by which such an 
 appointment is to be authenticated. 
 
 2. In delegating to the " State " the appointment of electors, 
 and to the legislature of that State the authority to " direct " 
 the " manner " in which such appointment shall be made, the 
 Constitution seems to contemplate that the proof of the ap 
 pointment should, in the first instance at least, be furnished by 
 the State, and its nature and form prescribed by the legisla 
 ture of the State. " Each State," it declares, " shall appoint 
 in such manner as the legislature thereof may direct" the 
 electors. It is natural that the power authorized to do an act 
 and to determine the manner in which that act is to be done, 
 should also provide for verifying its own act and showing that 
 it was done in the proper manner. The legislative power of 
 the State, in directing the manner in which the act is to be 
 done, might properly direct also the mode of proving that such 
 manner had been followed. 
 
 The primary and best authority as to what the State has 
 done, is the State itself. Its own declarations through its 
 legislative and judicial organs are the most weighty testimony 
 which can be offered. 
 
I877-] THE FLORIDA ELECTORAL VOTE. 455 
 
 3. The statute of 1792 provided that " It shall be the duty 
 of the executive of each State to cause three lists of the names 
 of the electors of such State to be made and certified, and to 
 be delivered to the electors on or before the day on which they 
 are required, by the preceding section, to meet ; " and one of 
 these lists was directed to be annexed by the electors to each 
 certificate of their votes. 
 
 This provision, so far as the State executive is concerned, is 
 little more than a request to the governor to make such lists ; 
 for there is no mode of compelling him to perform the duty. 1 
 Its real effect is to provide by Act of Congress convenient 
 evidence of the appointment of the electors to be considered by 
 the two Houses of Congress when they come to examine and 
 count the votes. The Act nowhere goes beyond that ; it does 
 not make this evidence indispensable ; it does not make this 
 evidence conclusive ; it does not make this evidence exclusive ; 
 it does not shut out other evidence ; it does not limit the dis 
 cretion or fetter the judgment of the authority having the power 
 to count the votes and to decide between several sets of papers, 
 purporting to be votes, as to which are in truth genuine and 
 valid votes. 
 
 Suppose the governor s certified lists should happen to have 
 been unattainable at the time the electors voted ; suppose that 
 accident, disability, or death intervened ; or that the governor s 
 conscientious judgment on the case, or his wilful refusal to 
 perform his duty, deprived the electors of this evidence. Are 
 their votes to be destroyed ? 
 
 Or suppose that by mistake or fraud the governor should 
 give the certified lists in favor of persons who were not 
 appointed electors, and should withhold them from the true 
 electors. Is there no remedy ? Must the State lose its votes ? 
 Must the State submit to have its votes cast against its real 
 will, as if by a false personation, made before its eyes in the 
 open day, but which it has no power to resist ? 
 
 The answer is, that the authority commissioned to count the 
 
 1 See Note D., post, p. 479. 
 
456 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 votes, and, in doing so, to determine what are authentic and 
 valid votes entitled to be counted, will receive other evidence 
 besides the governor s certified lists, which evidence may pre 
 vail over that certificate ; and will receive evidence impeaching 
 the truth of that certificate for mistake or fraud. The tribunal 
 might act on the petition of the persons claiming to have been 
 duly appointed electors, and wrongfully interfered with in the 
 exercise of their functions, for it is not limited as to the 
 sources of the evidence it will accept, but especially will it 
 receive evidence from the State itself. 
 
 The evidence that Wilkinson Call, James E. Yonge, Robert 
 Evidence of the B. Hilton, and Robert Bullock or the Tilden 
 
 appointment of the , , ,, P . -1-1 ,-1 
 
 electors. electors, as we shall f or convenience call them 
 
 were duly appointed by the State of Florida, in the manner 
 the Legislature of that State had directed, is complete and 
 conclusive. 
 
 The only defect which can be alleged in the evidence in their 
 Governor s certi- f avor i g that the governor s certified lists, speci 
 fied lists. e( j by fljg Act of 1792, was not furnished " on 
 
 or before the day on which " they were required to meet for 
 the purpose of casting and certifying their votes, and there 
 fore was not at that time annexed to their statements of their 
 votes, but that the governor s certified lists were furnished 
 and annexed after that day. 
 
 It has already been shown that the permanent absence of the 
 Governor s certi- governor s certified lists is not fatal to the valid- 
 8 n0t 6S ~ ity of the vote of the electors, and that this piece 
 
 of evidence is not made indispensable or conclusive or exclusive, 
 or invested with any particular force or effect by the statute 
 which provides it. The terms of the statute are remarkable. 
 They do not even say that the certified lists shall be required 
 by anybody or as a condition of anything to be done, but are a 
 mere imposition of a " duty " upon the State executive to fur 
 nish the lists, with only the moral force of a recommendation. 
 Language could not be chosen fitter to make the injunction fall 
 within the class called in legal parlance directory, as contradis- 
 
IS;?-] THE FLORIDA ELECTORAL VOTE. 457 
 
 tinguishcd from mandatory, the neglect of which works no 
 invalidity in the act done, but only an omission of duty on the 
 part of the officer who ought to have complied with the direc 
 tion ; and in this instance the injunction is not addressed to the 
 electors who cast the votes or to the tribunal which counts the 
 votes, but only to a third party to do an act for the convenience 
 of the electors and the counting tribunal. There can be no 
 doubt, then, that the permanent absence of the governor s 
 certified lists would work no invalidity of the votes of the 
 electors. 
 
 Still less can delay in receiving the governor s certified lists 
 which the electors have no legal power to obtain, statutory specifi- 
 but are wholly dependent on the voluntary ac- deiivery^l cerd- 1 " 
 tion of the governor or a consequent delay in fied lists directory. 
 annexing such lists to the electors statement of their votes, 
 until the day fixed for the meeting of the electors had elapsed, 
 work an invalidity of the votes, or indeed produce any legal 
 consequence whatever. 
 
 The reason the governor is directed to furnish his lists on 
 or before the day the electors meet was doubtless in order that 
 the electors might not be hindered in annexing the lists to 
 their statements of the votes if they choose to do so on the 
 first clay of their meeting. 
 
 The first Wednesday in December is fixed by the statute for 
 the meeting of the electors. The delivery of the statement 
 by the electors of their votes by messenger to the President of 
 the Senate at the seat of government is to be made at any 
 time before the first Wednesday in January. Thirty days are 
 thus allowed for transmission and delivery. No doubt it would 
 be a perfect compliance with this provision if the electors 
 statement of their votes were made out, and the lists of the 
 governor obtained and annexed at any time, so that the deliv 
 ery should be made within the thirty days. It is true that the 
 statement of the votes to be forwarded by mail, and the state 
 ment to be deposited with the district judge, are required to 
 be sent forthwith ; but the one transmitted by the messenger 
 
458 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 would be good if the others were never received or never sent. 
 How little the statute regards the times specified in it as of 
 the essence of the transaction, is illustrated by the provision 
 directing that whenever neither the statement sent by messen 
 ger nor that sent by mail shall have been received at the seat 
 of government on the first Wednesday in January, the Secre 
 tary of State shall send a messenger to the district judge, and 
 that he shall forthwith transmit the copy deposited with him 
 to the seat of government. 
 
 No time is fixed by any of the statutes for the arrival at 
 the seat of government of the statement deposited with the 
 district judge. No doubt if it were received at any time before 
 it was to be used in the counting of the votes, that would be 
 sufficient. The vote could not be objected to because it had 
 not arrived earlier. 
 
 Taking all the statutory provisions together, they exhibit 
 careful precautions that the votes shall be received before the 
 count. The Tuesday after the first Monday in November 
 falling this year on the 7th of November is fixed for the 
 appointment of electors. The first Wednesday in December 
 falling this year on the 6th of December is fixed for the 
 meeting of the electors. They are required to make out three 
 statements of the votes and to transmit one by messenger and 
 one by mail, and to deposit the third with the district judge 
 of the United States for the district in which the electors shall 
 have assembled. The first Monday in January falling this 
 year on the first day of January is fixed for the arrival of 
 the transmitted statements at the seat of government, which 
 are to be received by the President of the Senate, or, in his 
 absence, by the Secretary of State as temporary custodian. If 
 the two transmitted statements fail of arriving before the first 
 Monday in January, the Secretary of State is directed to take 
 measures to supply the default by means of the statement 
 deposited with the district judge : but no time is fixed for the 
 arrival of that statement, because no subsequent act is depen 
 dent on it, and no provision is made to supply the failure of 
 
1877.] THE FLORIDA ELECTORAL VOTE. 459 
 
 that expedient ; and the second Wednesday in February 
 falling this year on the 14th of February is fixed for the 
 counting of the votes. The times fixed would be this year as 
 follows : Appointment of electors, November 7. Meeting of 
 electors, December 6. Arrival of transmitted statement of 
 votes, January 1. Counting of the votes, February 14. 
 
 The specifications of the times at which or before which 
 acts shall be done to furnish evidence to the counting tribunal 
 as to who have been appointed electors and for whom those 
 electors have voted, are merely directory. The times are 
 fixed so that each act shall be done in season to enable the 
 next step to be promptly taken, and in season to enable any 
 failures to be remedied. These limitations of time are precau 
 tionary and remedial. They are intended to save and give 
 effect to the votes. They are not snares to betray and destroy 
 the votes. 
 
 The act of the governor in furnishing certified lists con 
 taining the names of the electors ; the act of the electors in 
 annexing these certified lists to the statements of their votes ; 
 their acts in making out and signing the statements of their 
 votes, in transmitting one set by messenger and another by 
 mail, and in depositing the third set with the judge ; the act 
 of the Secretary of State in notifying the district judge ; and 
 the act of the district judge in transmitting the set deposited 
 with him, are each and all acts of this nature, intended to 
 furnish evidence of the appointment and votes of the electors. 
 The times when these acts should be done are expressly speci 
 fied, except in the case of the Secretary of State. But if these 
 acts should not have been done within the times specified, but 
 should be done afterward in season for their object, these 
 acts would not be void, but would be valid and effectual. 
 Take an illustration. 
 
 The district judge, who in the event that the other sets of 
 statements have failed to arrive by the 1st of January is to 
 transmit the set deposited with him, is required to do so 
 " forthwith." 
 
460 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 If he have prompt notice, some six weeks would intervene 
 before the packages could be opened for the counting. If he 
 should happen to transmit them on the last of the six weeks, 
 instead of the first, will anybody suggest that his act would be 
 void, and the votes should not be counted? 
 
 The Constitution commands the electors to seal up their 
 statements of their votes, and orders that the seals shall be 
 broken only in presence of the two Houses when the votes are 
 to be counted. To have them in the possession of the Presi 
 dent of the Senate ready to be opened at that time is the object ; 
 and all the provisions fixing the times when the acts of prepa 
 ration and transmission shall be successively done, are intended 
 to insure that object. They are designed for that purpose, and 
 for nothing else. There is no possible utility in having these 
 papers in the hands of their depositaries before they can be 
 opened and used, except to make it certain that they will be 
 there when they are needed for use on the count. 
 
 Such acts of public officers, if not done within the time pre- 
 Certified lists fur- scribed by law, do not thereby become incapable 
 
 nished afterward 
 
 effectual. of being done afterward. They not only remain 
 
 capable of being done, but the duty of the public officers to 
 do them subsists in full vigor and obligation, and the right 
 to compel their performance by the public officers accrues for 
 the very reason that the time limited by law has passed. Man 
 damus, resorted to in innumerable instances to coerce by the 
 mandate of judicial courts the performance by public officers 
 of acts enjoined on them by law, begins by alleging that the 
 time fixed by law for the doing of the acts has elapsed. It is 
 on that very ground that the judicial power is invoked. Such 
 is the general doctrine of our jurisprudence and the settled con 
 struction of the effect of statutes fixing the time within which 
 official acts shall be done, adopted by courts and governments. 1 
 But in the present instance the same result is also established 
 by an enabling and remedial statute, enacted by a legislative 
 power having competent jurisdiction over the subject. 
 
 1 See authorities cited post, pp. 463 to 466, and Note A, post, p. 475. 
 
X877-] THE FLORIDA ELECTORAL VOTE. 461 
 
 That statute of the State of Florida authorizes and di 
 rects the governor of that State to make and 
 
 Curative statute. 
 
 certify in due form, and under the great seal of 
 the State, three lists of the electors named in the Act, and to 
 transmit the same to the President of the Senate of the United 
 States, and also to make and certify three other like lists, and to 
 deliver them to the said electors, who are required to meet and 
 make out new statements of their votes cast on the 6th of 
 December, 1876, and to annex thereto the said certified lists of 
 the governor, and the same to transmit and forward to the 
 President of the Senate and deliver to the district judge in 
 the manner provided by law. And the statute further enacts 
 that the said certified lists of the governor and statements of 
 the votes of the electors " shall be as valid and effectual to 
 authenticate in behalf of this State the appointment of such 
 electors by this State as if they had been made and delivered 
 on or before the 6th day of December, 1876, and had been 
 transmitted immediately thereafter." 
 
 Of the competency of the legislative power of the State of 
 Florida to pass a curative statute of this nature, and of the 
 complete efficacy of that statute to remedy such an informality, 
 there can be no doubt. It is simply allowing and requiring a 
 piece of evidence to be supplied after the time within which 
 the law required the public officers to furnish it, but before it 
 is needed for the use intended. It is allowing an act to be 
 done nunc pro tune in furtherance of right and justice, as courts 
 sometimes do; curing a defect of form which the law-mak 
 ing power has a large jurisdiction to do, and frequently and 
 habitually does. 
 
 Not only is such a statute clearly within the power of the 
 Government of Florida, under the general authority in respect 
 to appointing electors for the said State conferred by the Con 
 stitution of the United States, but it is in perfect harmony with 
 the policy indicated by the Federal Government and the rights 
 on the part of the States over this subject, which are recognized 
 in or granted by the legislation of the Federal Government. 
 
462 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 In addition to the precautions against and remedies for ne 
 glects and omissions provided by the Acts of 1792 and 1804, 
 which have been already mentioned, the statute of 1845 affords 
 an illustration of the same policy and purpose. That Act was 
 intended to execute the power conferred on Congress by the 
 Constitution to " determine the time of choosing the electors " 
 by fixing a uniform day in all the States. But the first pro 
 viso, now re-enacted as Section 134 of the Revised Statutes, 
 provided for supplying vacancies happening otherwise than by 
 non-election " which may occur in its college of electors when 
 such college meets to give its electoral vote." 
 
 And the second proviso substantially re-enacted as Sec 
 tion 135 of the Revised Statutes provided for supplying 
 vacancies happening from non-election as follows : " When 
 ever any State has held an election for the purpose of choosing 
 electors, and has failed to make a choice on the day prescribed 
 by law, the electors may be appointed on a subsequent day in 
 such manner as the legislature of such State may direct." 
 
 If a State by its legislature may, by itself appointing, or by 
 providing for the appointment of electors, remedy a total fail 
 ure of election at the time and in the manner prescribed by 
 Act of Congress in pursuance of an express authority of the 
 Constitution, and may do so after that failure has actually 
 happened, much more may it remedy a delay or omission of 
 a specific piece of evidence of the appointment of electors, not 
 in itself regarded by law as of much significance or value, and 
 not made necessary or conclusive or exclusive, or even expressly, 
 but only by implication, made evidence at all. 
 
 If the lists made and certified by Governor Drew under this 
 
 The illegal statute would be valid and effectual in the absence 
 
 prior hsts. Q any com p e ting documents, the existence of the 
 
 prior certified lists can make no difference. Such prior lists 
 
 are impeached by a statute enacted by the law-making power 
 
 of the State of Florida testifying to the counting tribunal 
 
 and declaring that such prior competing lists are illegal, and 
 
 consequently void. 
 
1877.] THE FLORIDA ELECTORAL VOTE. 463 
 
 That statute adduces the most absolute proof that such prior 
 lists are false in fact ; that the persons whose names are con 
 tained in them were not chosen electors according to the laws 
 of Florida ; that such persons did not receive the highest num 
 ber of votes for the electoral offices at the election held on the 
 7th of November, 1876 ; that the pretended canvass of the Board 
 of State canvassers by which such persons were declared by 
 such Board to have been elected, has been adjudged by the 
 highest court of the State, after full argument and by a unani 
 mous judgment, to be unlawful, and to be in truth no canvass ; 
 that, under an enabling statute, a canvass has been conducted 
 in the manner approved and according to the rules prescribed 
 by the Supreme Court, which showed that such persons had not, 
 but that other persons actually had, the highest number of 
 votes for the said electoral offices at the said election. 
 
 Acting on these facts, the Legislature of Florida has by 
 statute declared, authenticated, enacted, confirmed, ratified, and 
 renewed the appointment as electors of the said other persons 
 who did receive the highest number of votes at such election, 
 and who are shown by the aforesaid lawful and valid canvass 
 to have been duly chosen. In the mean time, in an action of 
 quo warranto duly brought in a court of competent jurisdiction, 
 the said persons named in such prior and illegal certified lists, 
 and called for convenience the Hayes electors, appeared and 
 defended ; judgment was rendered, ousting the said Hayes 
 electors and affirming the title of the four other persons, who 
 may for convenience be designated Tilden electors. The com 
 peting certified lists of the Hayes electors are thus effectually 
 impeached and shown to be null and void. 
 
 The Supreme Court of the United States, speaking by Mr. 
 Justice Story, in the Amistead Case (15 Pet., p. 594), said : 
 
 " What we proceed upon is this, that although public documents 
 of the Government, accompanying property found on board of the 
 private ships of a foreign nation, certainly are to be deemed prima 
 facie evidence of the facts which they purport to state, yet they 
 are always open to be impugned for fraud; and whether that 
 
464 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 fraud be in the original obtaining of these documents, or in the 
 subsequent fraudulent and illegal use of them, when once it is 
 satisfactorily established it overthrows all their sanctity and 
 destroys them as proof. Fraud will vitiate any, even the most 
 solemn transactions ; and an asserted title to property founded 
 upon it is utterly void." 
 
 The extent to which the courts go in the remedy of default 
 in doing official acts within the time limited by law is illustrated 
 by the following cases : Queen vs. St. Pancras, 11 Adolplms 
 & Ellis, 15 (S. C. 39 Eng. Com. Law ft., p. 38). 
 
 Facts. A statute required that " on the day of annual 
 election," fixed by the Act, inspectors should be nominated 
 by the churchwardens and the meeting, and that after such 
 nomination the parishioners should elect vestrymen, etc. 
 
 At a meeting held May 6, which was the statute day, the 
 churchwardens, acting as chairman, prevented a fair choice of 
 inspectors. A mandamus being moved for on June 6 to com 
 pel them to hold a new election, and cause shown on Novem 
 ber 4, it was objected that the proceeding was too late. 
 
 Held on November 21 that the mandamus ought to issue. 
 
 Opinion of the Court : " The difficulty, or impossibility, rather, 
 of complying now with the Act of Parliament on account of the 
 lapse of time was not very strongly pressed. For though the elec 
 tion is fixed to take place in May, yet the well-known practice of 
 this Court is to set aside vicious proceedings held at the regular 
 period, and direct others in their place afterward. It would be 
 too great a triumph for injustice if we should enable it to postpone 
 forever the performance of a plain duty only because it had done 
 wrong at the right season " (pp. 24, 25). 
 
 Mayor of Rochester vs. The Queen, 1 Ellis, Blackburn, & 
 Ellis, p. 1024. 
 
 Facts. Objections were taken to certain voters, which were 
 unlawfully overruled. After the time limited for holding the 
 tribunal had expired, and its presiding officer, the mayor, had 
 been succeeded by the plaintiff in error, a mandamus was 
 awarded, to which the new mayor returned that he was not 
 the mayor who rejected the objections, but was willing to obey 
 
IS77-] THE FLORIDA ELECTORAL VOTE. 465 
 
 the writ if he could lawfully hold the court. On demurrer ta 
 this return, the Queen s Bench sustained the demurrer, and 
 issued a peremptory mandamus. 
 Held : No error. 
 
 Opinion of the Court (MARTIN, B.) : " We are of opinion that the 
 Court of Queen s Bench was right, and ought to be affirmed. It 
 seems to us that Eex vs. Sparrow (2 Strange, 1123) and Rex vs. 
 Mayor of Norwich (1 B. & Adolphus, p. 310) are authorities upon 
 the point, and that the principle of those cases establishes the 
 doctrine that the Court of Queen s Bench ought to compel the per 
 formance of a public duty by public officers, although the time 
 prescribed by statute for the performance of them has passed; 
 and if the public officer to whom belongs the performance of that 
 duty has in the mean time been succeeded by another, we think it 
 is the duty of the successor to obey the writ and to do the acts 
 (when required) which his predecessor has omitted to perform; 
 and we think all statutes are to be read with reference to this 
 known, acknowledged, recognized, and established power of the 
 Court of Queen s Bench to superintend and control inferior juris 
 dictions and authorities of every kind. So reading this statute, 
 we think it sustains the judgment of the Court of Queen s Bench 
 as much as if express words were found in it directing, what that 
 Court has ordered" (pp. 1031-1032). 
 
 (Cited and followed, Queen vs. Momnouth, Law Reports, 
 5 Q. B., p. 251.) 
 
 Ex parte Heath, 3 Hill R., p. 42. 
 
 Facts. Ward inspectors of New York city were required by 
 statute to certify the result of the ward election " on the day 
 subsequent to the closing of the polls, or sooner." A ward 
 election was held on the 12th of April; the result was not 
 certified until the 14th. 
 
 Held : The return was valid notwithstanding ; and a man 
 damus should go, commanding the mayor to administer the 
 oath to the persons returned as elected. 
 
 Opinion of the Court: "The idea which we understood to be 
 
 thrown out in argument, that the return from the Sixth Ward 
 
 was void because not completed till the 14th of April instead of 
 
 the 13th, is altogether inadmissible. Nothing is better settled, 
 
 VOL. ii. 30 
 
466 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 as a general rule, than that where a statute requires an act to be 
 done by an officer within a certain time for a public purpose, the 
 statute shall be taken to be merely directory ; and though he ne 
 glect his duty by allowing the precise time to go by, if he afterward 
 perform, the public shall not suffer by the delay " (pp. 46, 47). 
 
 This case was affirmed in the Court of Errors by the unani 
 mous vote of thirty-four members out of the thirty-five consti 
 tuting the court, one alone being absent 1 (3 Hill, p. 53, note). 
 
 The Statute " declaring and establishing the appointment of 
 statute of authen- electors," if considered merely as a testimony of 
 firmation. what the State of Florida has actually done in 
 
 respect to the appointment of electors, is an evidence of a 
 higher nature, of greater authority, and of more cogency than 
 a certified list by the governor. 
 
 A statute enacted with the concurrence of the two Houses 
 of the Legislature and approved by the governor is in itself 
 a more important and weighty thing than a certificate made 
 by the governor in a merely ministerial capacity, and at best 
 but quasi official. It has attributes and incidents of a public 
 law, and is in its nature, in the absence of any legal standard 
 of appreciation, entitled to more consideration and credit. 
 
 The law-making power, except as limited by written consti 
 tutions, is the highest of governmental powers, it is the gov 
 ernment itself; and, subject to such limitations, may modify 
 the powers of the governor and direct him in their exercise. 
 And in respect to the appointment of electors by the State, the 
 legislature of the State is vested by the Constitution of the United 
 States with special and exceptional powers. It may direct the 
 mode in which electors shall be appointed, provided they be in 
 reality appointed by the State through some of its proper organs. 
 It may appoint those electors itself ; and even after it has de 
 volved that function on a popular vote, may resume the power. 
 It creates all the machinery by which the appointment of 
 electors by popular election is made, its powers in this re 
 spect being limited by the condition that the election shall be a 
 
 i See Note A, post, p. 475. 
 
1877.] THE FLORIDA ELECTORAL VOTE. 467 
 
 reality and not a fiction; and it prescribes the whole system 
 of authentication and proof of the persons who are chosen, 
 except only the governor s lists. Curative powers to remedy 
 a failure in the appointment of electors have been specially 
 added to the general authority of the legislature, or recognized 
 as a part of that authority, by the Acts of Congress of 1792, 
 1804, and 1845. These remedial means have been applied to 
 two classes of cases, the one of vacancies in the electoral 
 colleges arising from every variety of cause subsequent to the 
 original appointment, and the other vacancies occasioned by 
 failure to elect. It is not doubted that the legislature might 
 fill such vacancies by its own direct appointment. 
 
 The legislature, representing the State, stands in some sort 
 as a principal to rectify the errors and wrongs of the subor 
 dinate agents by which the State might lose its votes, or what 
 is worse, be misrepresented in the votes given in its behalf. If 
 in its extensive and various acknowledged powers over the 
 whole subject no capacity could be found to prepare and sub 
 mit fresh proofs of what the State has really done to authenti 
 cate the acts of the State, to correct defects of form, and give 
 effect to the will of the State, it would be a solecism in govern 
 mental polity. Such remedies appeal with great force to the 
 tribunal which is to count the votes, and are entitled to a 
 benign construction. This statute of Florida contains words 
 of authentication, words of confirmation and ratification, and 
 words of appointment. 
 
 If the commission shall find, what it is not believed it will 
 find, that there was a failure to make a choice of electors in . 
 Florida on the 7th day of last November, or an impossi 
 bility of ascertaining what that choice was, then these words 
 of appointment in the new law of Florida must be taken as a 
 new appointment under Section 134 of the Revised Statutes of 
 the United States, which does not limit the time within which 
 such appointment can be made, while authorizing it to be made 
 "on a subsequent day." It would follow that the electors 
 appointed could meet and vote, if they had not already done 
 
468 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 so, even though it were on a later day than the first Wednes 
 day in December, the statute of 1845 thus making an exception 
 to the statute of 1792. But that question is not involved. 
 The power of new appointment is a larger power than that of 
 perfecting and validating official acts which the legislature 
 had the right to authorize, and did authorize, but which have 
 been imperfectly performed. 
 
 The first canvass of the votes cast at the election of Nov. 
 7, 1876, in the State of Florida for Presidential 
 
 Canvass of the . 
 
 electoral votes, electors as well as for representatives in Con 
 gress, governor, and other State officers, became the subject 
 of discussion before the Supreme Court in the mandamus case 
 brought on the relation of Drew, a candidate for governor, 
 against McLin and others forming the Board of State Can 
 vassers. Although Drew alone was relator, and the claimants 
 for the other officers were not parties, the questions involved 
 and the principles declared applied equally to other State offi 
 cers and to the Presidential electors. The Board of State 
 Canvassers, in obedience to the judgment of the Court in this 
 case, made a new canvass of the votes for governor ; Mr. Drew 
 was declared elected, and entered upon, and ever since has 
 been and is now in his office without opposition. The new 
 canvass was applied to the lieutenant-governor, though he was 
 not a relator, and he was declared elected, and was installed. 
 
 The votes for Presidential electors were likewise canvassed 
 anew by the same Board of State Canvassers. In making such 
 canvass, the directions of the Supreme Court were obeyed by 
 them in respect to the returns from all the counties which had 
 been the subject of special correction in the opinion pronounced 
 by the Court ; but they changed the effect of these corrections 
 and neutralized the judgment by setting aside their own for 
 mer conclusions in respect to Baker County. In respect to it, 
 they rejected the perfect returns which they had allowed and 
 
 canvassed on the former occasion, and substituted as a basis of 
 
 their revision the imperfect returns which they had before 
 
 rejected. 
 
1877.] THE FLORIDA ELECTORAL VOTE. 469 
 
 In this condition of things the old Board of State Canvass 
 ers went out of office and the new Board came in. The Leg 
 islature, deeming both the canvasses of the electoral vote, so 
 made by the former Board, illegal, and therefore void, passed 
 an Act to provide for a new canvass, requiring that the can 
 vass should be conducted according to the rules prescribed 
 by the Supreme Court. A canvass was made accordingly, and 
 recorded and reported to the Legislature. It shows that the 
 Tilden electors received the highest number of votes, and that 
 they were duly chosen and appointed as such electors. 
 
 THE Quo WARRANTO. 
 
 I. In Florida, as in most other States, the local inspectors 
 of election form the first, or primary, returning board. They 
 make returns to a county board or officer ; and this second 
 returning board makes a return to the final or State Can 
 vassing Board. Neither the first nor the second of these bod 
 ies has any power or duty but that which is most purely and 
 simply ministerial. They can merely compute from the doc 
 uments before them, and in their respective returns report 
 the result. 
 
 The State Board of Canvassers in Florida has authority which 
 may be said slightly to exceed this. They have power to judge 
 of the " returns " on which they act, so far as to reject them 
 if irregular, false, or fraudulent. They have no power beyond 
 this. They cannot investigate the qualifications of voters 
 or as to the employment of any force, fraud, or improper in 
 fluence that might justly defeat or vitiate the ballots cast. 
 The powers and duties of all these officers are essentially 
 ministerial. 
 
 Outside of, or beyond this, it is the judicial power alone that 
 can investigate and determine any question of fact. 
 
 II. In Florida, as in most, if not all, the States, if a deeper 
 investigation be necessary to justice, the judicial power must 
 be invoked through the ancient process commonly called quo 
 warranto, or through such other essentially similar judicial 
 
470 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 process as may be created by statute or established by custom 
 in the particular State. In Florida the quo warranto is used. 
 
 III. It may safely be assumed that in fact there was no 
 fault in the voting process. Any attempt to color a pretence 
 of this sort by affidavit or otherwise will utterly fail from its 
 own internal weakness ; it can hardly require the employment 
 of any evidence to overthrow it. And really the only questions 
 in the Florida case must arise upon an inquiry, first, whether 
 the documentary title to their alleged electoral offices set up 
 by the persons who have cast their votes for Mr. Hayes is so 
 strong, in the mere technical forms intrenching it, that it can 
 not be gainsaid ; and second, if that asserted title be not thus 
 impregnable, through the absolute force of its formality, 
 whether an adequate impeachment of it is presented by the 
 opposing documents. 
 
 IV. The material elements of the title set up by the Hayes 
 electors and of the impeachment presented against it may easily 
 be stated in a brief and intelligible form, and so as to be free 
 from dispute about matters of detail. 
 
 1. The so-called Hayes electors were reported by the State 
 Canvassing Board as duly elected. Mr. Stearns, the governor 
 of Florida, gave them the three lists prescribed by the Act of 
 Congress (Revised Statutes of the United States, section 136) ; 
 and on Dec. 6, 1876, being the proper day appointed for that 
 purpose (Revised Statutes of the United States, section 149), 
 they cast the four votes of that State for Mr. Hayes, and in the 
 prescribed form returned their certificates thereof to the Presi 
 dent of the Senate. Their title to their asserted offices and 
 their action as assumed electors, conducing to give Mr. Hayes 
 four votes for the Presidency of the United States, would be in 
 all respects perfect but for the fact that the report of the State 
 Canvassing Board was unlawful and untrue. It was unlawful 
 in this, that such Canvassing Board, exercising high powers 
 of a judicial nature not granted to them, rejected certain regu 
 lar, formal, and true returns duly laid before them, and by this 
 means alone were enabled to reach a result favorable to the 
 
IS;;-] THE FLORIDA ELECTORAL VOTE. 471 
 
 so-called Hayes electors. If these returns had been included 
 in the computation made by the State canvassers, the so-called 
 Hayes electors could not have been returned as chosen ; and, on 
 the contrary, four other persons, who may be called Tilden elec 
 tors, would have been so returned. Independently of the strict 
 technical questions, first, whether the mere documentary title 
 of these so-called Hayes electors can lawfully be drawn in ques 
 tion, and second, whether such asserted title has been effectually 
 impeached by stronger and controlling documentary evidence, 
 the correctness of the preceding statement must be conceded. 
 
 2. On the 6th day of December, 1876, and prior to the time 
 when the so-called Hayes electors assumed to cast, and, in 
 form, did cast, the -electoral votes of Florida, proceedings in due 
 form, by quo warranto, were instituted against them in the proper 
 judicial court of that State ; and such proceedings having been 
 prosecuted against them with due diligence and all practicable 
 speed, judgment of ouster was duly entered against them on 
 the 25th day of January, 1877. 
 
 3. The said four Tilden electors, acting without the triplicate 
 lists prescribed by the Act of Congress (Revised Statutes of 
 the United States, section 136), did, on Dec. 6, 1876, cast the 
 four votes of Florida for Mr. Tilden as President; and, as 
 well in that respect as in all others, acting in entire and perfect 
 conformity with the Constitution of the United States, they 
 certified the same votes to the President of the Senate. 
 
 They did everything toward the authentication of such votes 
 required by the Constitution of the United States or by any 
 Act of Congress except the said Section 136 of the Revised 
 Statutes ; and, in conformity with the aforesaid judgment of 
 the Florida Court, a governor of Florida, who had been duly 
 inducted into office subsequently to Dec. 6, 1876, did, on the 
 26th day of January, 1877, give to the above-mentioned Tilden 
 electors the triplicate lists prescribed by said Act of Congress 
 (Revised Statutes of the United States, section 136), which 
 they have forwarded as prescribed by the Acts of Congress 
 as a supplement to their former certification in that behalf. 
 
472 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 Y. No technical difficulties exist which can prevent the 
 proper authorities of the Union from seeing the invalidity of 
 title set up by the Hayes electors. 
 
 1. It is a fundamental rule that all intruders into official 
 positions may be ousted by regular judicial action at law in the 
 nature of quo warranto. 
 
 2. Judgment against the defendants in a quo warranto deter 
 mines conclusively that such defendants were without title, 
 and were usurpers holding by unlawful intrusion, as far back, 
 at least, as the commencement of the proceedings against 
 them. 1 
 
 3. Acts performed by officers de facto, holding under color 
 of a regular appointment, are held to be valid so far as may be 
 necessary for the public good and to protect rights and inter 
 ests acquired in good faith under the formal action of such 
 officers ; but this conservative principle, adopted from the ne 
 cessity of the case, can have no application to the unlawful 
 casting of electoral votes for Mr. Hayes now in question. 
 
 () Balloting and certifying the votes are preliminary steps 
 only in a process which has no perfection or efficacy until the 
 certificates reach the proper authority at the seat of govern 
 ment, and are there opened and published in the presence of 
 the two Houses. 
 
 Until this is done, no act of the pretended electors is consum 
 mated or perfected ; and if, before this act is done, the State 
 of Florida, through its appropriate judicial power, ascertains 
 and condemns the usurpation and ousts the usurpers, the con 
 servative principle in question will not apply. It has never 
 been held that partial and incomplete action during their usur 
 pation by wrongful intruders into an office shall be carried 
 onward to perfection after their ouster by quo warranto. 
 
 (#) The judgment of the Circuit Court is not impaired or 
 lessened in efficacy by the proceeding to review it in a higher 
 court. At common law the judgment of a court of original 
 jurisdiction takes full effect immediately upon its entry, and 
 
 1 Note B, post, p. 477. 
 
I877-] THE FLORIDA ELECTORAL VOTE. 473 
 
 until reversed it is as effectual as if pronounced by a court of 
 last resort. 1 
 
 VL Taking into view the action of the Tilden electors, a 
 case of competition is presented, and their votes should be 
 counted instead of those cast for Mr. Hayes. 
 
 1. The Constitution deals expressly with the subject of 
 authenticating the votes (Article XII.) ; and it declares 
 expressly what powers of legislation Congress " may " exercise 
 with respect to action within the respective States in the 
 choosing of electors and the casting of electoral votes (Article 
 II. section 4). Expressio unius exdusio est alterius is a maxim ; 
 and it is very doubtful at best whether any other compulsory 
 power over the States in these matters can be exercised by 
 Congress. 
 
 2. Section 136 of the Revised Statutes was a very suitable 
 precautionary enactment, and it ought to be obeyed ; but under 
 the view last stated it is justly subject to many observations. 
 
 (a) Its framers seem to have understood that it was only 
 directory or as a recommendation, and operative only through 
 the presumable respect of the State authorities for the wishes 
 of Congress. Certainly there is no power in the United States 
 Government to compel a governor s obedience. A mandamus 
 could not be employed in the case by any judicial court. 
 
 (5) The section does not declare that the lists referred to 
 shall be conclusive evidence, or the only evidence, or the evi 
 dence, or any evidence as to the appointment of the electors ; 
 nor does it define, affirmatively, negatively, or in any way, 
 what shall be the effect of their presence or their absence. 
 
 3. The Tilden electors on the day prescribed by the Act of 
 Congress did everything required by the Constitution itself or 
 by any Act which Congress had authority compulsorily to 
 prescribe to the State or any of its officers as a duty. 
 
 VII. Neither the omission of the State canvassers to make 
 proper evidence that the Tilden electors were appointed, nor 
 the want of the lists prescribed by the Revised Statutes of the 
 United States, section 136, can work any prejudice. 
 
 1 Note C, post, p. 478. 
 
474 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 1. The failure of an officer to perform a duty at or within a 
 time prescribed cannot, except in very special cases or under 
 very peculiar circumstances, utterly defeat the right which the 
 law intended to secure by enjoining such performance. 
 
 2. Of this proof may be found in the practice of the courts 
 on application for a mandamus to compel performance of 
 official duties. 1 The time allowed for performance of the duty 
 must always be shown to have elapsed before a mandamus will 
 be granted. If the duty could never be performed after, by any 
 accident or misadventure, the time had elapsed, the law would 
 by an absurd technical rigor defeat its own object. 
 
 VIII. If there be any incurable defects in prior action, the 
 subsequent legislation of Florida was warranted by the Revised 
 Statutes of the United States, section 134. A just and liberal 
 construction should be given to remedial acts of this nature. 
 
 1 Note A, post, p. 475. 
 
1877.] THE FLORIDA ELECTORAL VOTE 475 
 
 NOTE A. 
 
 1. State vs. Judges of Bergen County Common Pleas, 2 
 Pennington, N. J. Law R., p. 541 (3d ed., p. 308). 
 
 Facts. A statute required that the trial justice should send 
 the papers on appeal to the clerk of the appellate court " on 
 or before the first day of the next term." The trial justice 
 delayed filing the return until after such first day, whereupon 
 the appellant filed the papers himself during the term. The 
 appellate court having dismissed the appeal on the ground of 
 this omission, 
 
 Held : A mandamus should issue to compel the appellate 
 court to receive the appeal. 
 
 Opinion of the Court : " The Act ... is only directory to the 
 justice, and not conclusive on the Court. The mandamus must, 
 therefore, issue." 
 
 2. People vs. Dodge, 5 Howard s N. Y. Practice, R., p. 47. 
 Facts. An inferior court was required by statute to file its 
 
 decision " within twenty days after the court at which the 
 trial took place." In a case where the court had made a deci 
 sion within, but had been prevented by accident from filing it 
 until after the statutory time, 
 
 Held: A mandamus should go to compel the filing after 
 the day. 
 
 3. King vs. Carmarthen, 1 Maule & Selwyn, p. 697. 
 Facts. A borough charter ordained that no persons should 
 
 be a burgess except freeholders having specified estates, etc., 
 " so as such person should make application to the mayor, etc., 
 on Monday next after Michaelmas in each year and at no other 
 time, and so as such person did then before the mayor so make 
 . . . proof of his qualification ; and that upon such proof such 
 
476 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 person should be admitted at the next or any subsequent 
 court," etc. 
 
 The prosecutors, some fifty in number, made application on 
 the statute day, and offered proof of their qualifications ; but 
 the whole day was consumed in other business, and the mayor, 
 etc., refused to hold an adjourned meeting for taking the 
 proof offered, on the ground of want of power to go beyond 
 the day fixed by the statute. 
 
 Held, that the excluding words of the charter did not pre 
 vent the issuing of a mandamus compelling the mayor, etc., to 
 record an adjournment and hold an adjourned meeting. 
 
 Opinion of the Court. LE BLANC, J. : " There is no doubt that 
 a peremptory mandamus must go. The provisions of the charter 
 are to enable persons having a previous inchoate right to perfect 
 that right. ... In this case it seems that from unavoidable 
 necessity the whole day had been exhausted, not before the 
 claims were made, but before the evidence in support of them 
 could be heard. Common sense shows that the charter must have 
 meant that the corporate body should have power to adjourn in 
 order to conclude such business as they had regularly begun ; 
 otherwise it would have been in the power of any person, by 
 contrivance, to protract the business and prevent the claims being 
 effectual" (pp. 702-703). 
 
 DAMPIER, J. : " The argument on the [mayor s] side would go 
 to show that if the corporation wrongfully refused the claims, 
 those claims must be suspended until another year ; that this case 
 is like the case of no election, or of a colorable election, prior to 
 the statute. But that is pushing the argument much too far. It 
 seems to me, from the very nature of this case, to be absolutely 
 necessary that the corporate body should have the power of 
 adjournment, in order to give effect to the inchoate rights of the 
 claimants and to guard against the possibility of their claims 
 being frustrated by collusion. Therefore I am of opinion a 
 peremptory mandamus ought to go " (p. 706). 
 
 See additional authorities cited ante, pp. 465-467. 
 
I877-] THE FLORIDA ELECTORAL VOTE. 477 
 
 NOTE B. 
 
 1. High on " Quo Warranto : " " Section 748. The effect of 
 an absolute judgment of ouster is conclusive upon the person 
 against whom the judgment is rendered, and is a complete bar 
 to his again asserting title to the office or franchise, by virtue 
 of an election before the original proceedings." 
 
 2. King vs. Clarke, 2 East, p. 75. 
 
 Facts. After a judgment of ouster in quo warranto had been 
 entered against one claiming to be an alderman duly elected 
 and sworn, he obtained a mandamus to have himself sworn in, 
 and was sworn. On a second quo warranto against him he 
 pleaded that he had been duly elected before the first quo 
 warranto and sworn afterward. On demurrer, 
 
 Held, that the first judgment was a bar. 
 
 Opinion of the Court (Lord KENYOX, C. J.) : " The question is 
 abundantly clear of all doubt. . . . Upon an information exhib 
 ited against the defendant for usurping the office . . . there was 
 judgment of ouster against him, whereby he was absolutely fore 
 judged and excluded from ever using the office in future. If this 
 were not to conclude him from insisting upon the same election 
 again, I know not what would. Suppose, after this, an applica 
 tion had been made to the Court for a mandamus to compel the 
 corporation to proceed to a new election to fill up the vacancy, 
 what resistance could have been made to it ? And yet if the prior 
 election could be resorted to again, it could be of no avail ; or there 
 could be two persons filling one office at the same time. If the 
 defendant could insist on the former election, he would also be 
 entitled to a mandamus to swear him in ; and thus the proceedings 
 of the Court would become utterly inconsistent " (pp. 83, 84). 
 
 3. Queen vs. Blizard, Law Reports, 2 Q. B., p. 55. 
 
 Facts. The relator and the defendant were both of them 
 candidates at an election. The relator had a majority of the 
 votes if the defendant was ineligible. The defendant, being in 
 
478 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 fact ineligible, resigned the office. Afterward a rule for a quo 
 warranto information was moved for, and this prior resignation 
 was relied on by the defendant to defeat the rule. 
 
 Held, that the object of the relator being to substantiate 
 his own claim to the office arising from the election itself, the 
 rule should be made absolute. 
 
 Opinion of the Court (COCKBURN, C. J.) : " The relator not only 
 denies the validity of the defendant s election, but claims to have 
 been himself elected into the office. ... In order to enable the 
 relator to take that position it must necessarily be assumed that 
 there never was any election of the defendant. . . . The effect of 
 a resignation would be simply to send the parties to a new election, 
 while the effect of a disclaimer or judgment for the Crown upon 
 the final issue of the quo warranto would be to displace the defend 
 ant from the first, leaving it open which otherwise it would not 
 be to the relator to claim the office" (pp. 57, 58). Mellor and 
 Lush, JJ., concurred. 
 
 NOTE C. 
 
 1. Allen vs. Mayor of Savannah, 9 Georgia, p. 286. 
 
 Facts. Pending an appeal from a judgment declaring a tax 
 ordinance of a city to be unconstitutional and void, the Legis 
 lature passed an Act confirming all the ordinances in operation 
 at its date. Afterward the Court of Error affirmed the original 
 judgment. 
 
 Held, that the Confirmatory Act did not validate the ordi 
 nance in question. 
 
 Opinion of the Court : " The pendency of the writ of error did 
 not affect the judgment. ... It was binding until reversed, and, 
 being affirmed, was binding ab initio. . . . The judgment of affirm 
 ance ... relates back and takes effect from the date of the first 
 judgment" (p. 294). 
 
 2. Sage vs. Harpending, 49 Barb., p. 174. 
 
 Facts. After a judgment in favor of a landlord that a ten 
 ancy had expired, and while an appeal therefrom was pending, 
 
1877.] THE FLORIDA ELECTORAL VOTE. 479 
 
 the defeated tenant attempted to oust the landlord, and being 
 repelled by force, sued the landlord for an assault. 
 Held, that the judgment was a good plea to the action. 
 
 Opinion of the Court : " The fact that an appeal had been taken 
 to another court did not affect the conclusive nature of the judg 
 ment as a bar whilst it remained unreversed (Harris vs. Hammond, 
 18 How. Pr., p. 124)." 
 
 3. Buzzard vs. Moore, 16 Indiana, 107, p. 109. 
 
 Opinion of the Court : {< The only effect of an appeal to a court of 
 error when perfected, is to stay execution upon the judgment from 
 which it is taken. In all other respects the judgment, until 
 annulled or reversed, stands binding upon the parties as to every 
 question directly decided (Cole vs. Connolly, 16 Ala., p. 271). And 
 it has been expressly decided that l It is no bar to an action on a 
 judgment that the judgment has been removed by writ of error to 
 a superior court (Suydam vs. Hoyt, 1 Butcher, N. J. E., p. 230)." 
 
 S. P. Bank of North America vs. Wheeler, 28 Conn., pp. 
 441, 442, and cases cited. 
 
 NOTE D. 
 
 In this connection the following Special Message of Governor 
 John Hancock to the Senate and House of Representatives 
 of Massachusetts, dated Nov. 8, 1792, calling the attention of 
 the legislative power of that commonwealth to the mandatory 
 character of the Federal legislation of March 1, 1792, is most 
 suggestive : 
 
 " Gentlemen of the Senate and of the 
 " House of Representatives. 
 
 "By the Constitution of the United States of America, each 
 State is to appoint, in such manner as the legislature shall direct, 
 electors of President and Vice-President. By a late Act of Con 
 gress it is enacted That the Supreme Executive of each State 
 shall cause three lists of the names of the electors of such State 
 to be made and certified, and to be delivered to the electors on or 
 before the first Wednesday in December. 
 
480 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 " I feel the importance of giving every constitutional support to 
 the General Government ; and I also am convinced that the exist 
 ence and well-being of that Government depends upon preventing 
 a confusion of the authority of it with that of the States sepa 
 rately. But that Government applies itself to the people of the 
 United States in their natural, individual capacity, and cannot 
 exert any force upon, or by any means control the officers of the 
 State Governments as such. Therefore, when an Act of Congress 
 uses compulsory words with regard to any act to be done by the 
 Supreme Executive of this commonwealth, I shall not feel myself 
 obliged to obey them, because I am not, in my official capacity, 
 amenable to that Government. 
 
 " My duty as governor will most certainly oblige me to see that 
 proper and efficient certificates are made of the appointment of 
 electors of President and Vice-President ; and perhaps the mode 
 suggested in the Act above mentioned may be found to be the 
 most proper. If you, gentlemen, have any mode to propose with 
 respect to the conduct of this business, I shall pay every attention 
 to it. 
 
 " Gentlemen, I do not address you at this time from a disposi 
 tion to regard the proceedings of the General Government with a 
 jealous eye, nor do I suppose that Congress could intend that 
 clause in their Act as a compulsory provision ; but I wish to pre 
 vent any measure to proceed through inattention which may be 
 drawn into precedents hereafter to the injury of the people, or to 
 give a constructive power where the Federal Constitution has not 
 expressly given it." l 
 
 NOTE E. 
 
 CURATIVE ACTS. 
 
 1. Thomson vs. Lee County, 3 Wallace, p. 327. 
 
 A statute submitted the question of bonding a town to a vote 
 of the municipality. After bonds had been issued, defects in 
 the voting were alleged, and the Legislature passed a Curative 
 Act legalizing the issue. 
 
 1 Columbian Centinel, Nov. 10, 1792. The language of the statute of 1792 is, 
 " The Executive authority of each State shall cause three lists," etc. ; that of the 
 Revised Statutes, Section 136, is, " It shall be the duty of the Executive of each 
 State to cause three lists," etc. 
 
iS;7-] THE FLORIDA ELECTORAL VOTE. 481 
 
 Held, that the Act was valid. 
 
 Opinion of the Court : " If the Legislature could authorize this 
 ratification, the bonds are valid, notwithstanding the submission of 
 the question to the vote of the people or the manner of taking the 
 vote may have been informal and irregular. This Act of Confirma 
 tion, very soon after its passage, underwent an examination in the 
 courts of Iowa, and it was held that the Legislature possessed 
 the power to pass it, and that the bonds were valid and binding 
 (6 Iowa, p. 391). ... If the Legislature possessed the power to 
 authorize the Act to be done, it could, by a Retrospective Act, cure 
 the evils which existed, because the power thus conferred had been 
 irregularly executed " (p. 331). 
 
 2. St. Joseph vs. Rogers, 16 Wallace, p. 644. 
 
 Opinion of the Court: "Argument to show that defective 
 subscriptions of the kind may in all cases be ratified when the 
 Legislature could have originally conferred the power is certainly 
 unnecessary, as the question is authoritatively settled by the deci 
 sions of the Supreme Court of the State [of Illinois] and of this 
 Court in repeated instances (15 111., p. 203 ; 34 ib., p. 405 ; 3 Wal 
 lace, p. 327 ; 9 ib., p. 477 ; 8 Peters, p. Ill ; 24 How., p. 295) 
 
 "Mistakes and irregularities are of frequent occurrence in mu 
 nicipal elections, and the State legislatures have often had occa 
 sion to pass laws to obviate such difficulties. Such laws, when 
 they do not impair any contract or injuriously affect the rights of 
 third persons, are never regarded as objectionable, and certainly 
 are within the competency of the legislative authority " (pp. 663, 
 664). 
 
 3. Cooley, " Constitutional Limitations," p. 137 : 
 
 "A retrospective statute curing defects in legal proceedings 
 where they are in their nature irregularities only, and do not ex 
 tend to matters of jurisdiction, is not void on constitutional 
 grounds unless expressly forbidden. Of this class are the statutes 
 to cure . . . irregularities in the votes, or other action by munici 
 pal corporations, or the like, where a statutory power has failed of 
 due and regular execution through the carelessness of officers or 
 other cause (1 Penn. Stat., p. 218 ; 17 ib., p. 524; 26 Iowa, p. 497; 
 49 Maine, p. 346; 69 Penn., p. 328; 4 Vroom, p. 350)." 
 
 VOL. ii. 31 
 
LYIII. 
 
 AT the election of 1876, when Mr. Tilden was a candidate 
 for the Presidency, Lucius Robinson was elected to succeed 
 him as Governor of the State of New York. The inauguration 
 of the new Governor took place on the 1st of January, 1877. 
 In accordance with usage, the Governor Elect entered the 
 Assembly Chamber at twelve o clock, leaning upon the arm of 
 his predecessor, accompanied by most of the State officers and 
 the Governor s staff. They took up their positions opposite 
 each other in front of the Speaker s desk, where, as soon 
 as silence could be obtained, Mr. Tilden addressed Governor 
 Robinson as follows. 
 
SPEECH AT THE INAUGURATION OF GOVERNOR 
 
 ROBINSON. 
 
 MR. ROBINSON, The people of the State have given you a 
 distinguished evidence of their confidence in choosing you for 
 their chief magistrate by a vote so unexampled. In that testi 
 mony I cordially concur, without assuming to add to its value. 
 It is to me a great satisfaction to surrender the chief official 
 trust of this commonwealth to one whose valuable co-opera 
 tion I have experienced, and whose career furnishes such 
 assurance of his purpose to prosecute the work to which I 
 have consecrated two years of official service and three previ 
 ous years of my private life. To recall the government of this 
 State to the pure condition in which a generation ago you and 
 I knew it ; to remove the fungus-growths which in evil times 
 had overspread its administration and legislation ; to lighten 
 the intolerable burdens upon the people ; to improve institu 
 tions and laws; systematically to call into the civil service, 
 whether by appointment or election, men of higher ideals of 
 official life, of better training and more general culture, thus 
 utilizing a class inferior in the arts of political competition, 
 but superior in capacities for public usefulness, these are 
 noble objects. They had to be pursued through stormy con 
 flicts with selfish interests and fixed habits. Our support was 
 an unfaltering trust in the people, if the prospect of real reform 
 could be made visible ; our inspiration was a belief that nothing 
 worth saving could be lost if only our work did not fail. 
 
 The scrutiny of all candid men may safely be challenged as 
 to what has been already accomplished. Wasteful and corrupt 
 
484 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 systems destroyed, State taxation reduced one half, new reme 
 dies for official malversation enacted, the management of the 
 public works and prisons reorganized, and commissions pre 
 liminary to other reforms instituted, these are valuable re 
 sults ; but there are others even more important. The standard 
 of official conduct has been elevated; and with it the ideas, 
 motives, and influences which surround official life as with 
 an atmosphere. The public suspicion of legislative venality is 
 disappearing, and the lobbies are disbanded. The chief execu 
 tive and administrative trusts of the State have been com 
 mitted to gentlemen who are eminent not only for personal 
 probity, but also for capacity and high ideals of official duty. 
 A genuine reform in the civil service has thus been realized 
 which could not be the product of any mere legislation with 
 out the effective co-operation of the men conducting the actual 
 administration. 1 have traced these results, approved by the 
 people at the last two elections in this State, because they 
 encourage the aspirations of the community for a better gov 
 ernment, and tend to inspire a noble ambition in all rising 
 men to compete for honors and power by appealing to the best 
 moral forces of human society. As an example, these results 
 are infinitely important. I congratulate you, sir, that, at such 
 a time and with such favoring auspices you enter upon an 
 administration which, I believe, will be fruitful of public benefit 
 and of honors to yourself. 
 
LIX. 
 
 MR. TILDEN spent a portion of the summer of 1877 in Europe. 
 On the evening following his return he was complimented by a 
 serenade, given under the auspices of the Young Men s Demo 
 cratic Association. The crowd gathered in and around Mr. 
 Tilden s residence in Gramercy Park sent up enthusiastic 
 cheers when, in reply to many loud calls from some of their 
 number, he presented himself to their view on his balcony. 
 After quiet and order were restored, and in one of the inter 
 vals of the music, Mr. Tilden proceeded to address them. It 
 was in the course of his remarks on this occasion that he 
 referred to our great national staple, Indian corn, in a way 
 which caused this speech to be known as the " Indian Corn 
 Speech." 
 
THE INDIAN CORN SPEECH. 
 
 GENTLEMEN OP THE YOUNG MEN S DEMOCRATIC CLUB, I 
 thank you for your kindly welcome. My summer excursion, 
 now just closed, had for its object a season of physical activity 
 in the open air in a moderate climate and amid scenes inter 
 esting by their associations with our literature, with our juris 
 prudence, and with the origin and growth of representative 
 institutions. It has repaired, as much as three months could, 
 the waste of six years consecrated to an effort for governmental 
 reform in the city, State, and nation. I do not forget that in 
 1871 you joined in the work, and have never since been want 
 ing to it. I am glad here to-night to mingle my congratula 
 tions with yours on what has been done, on the good auguries 
 for the future, and above all on the resolute purpose of the 
 young men of our country that the Republic shall be com 
 pletely restored and re-established according to its original 
 ideals. 
 
 The contrast which strikes the American eye between the 
 British Isles and our own country in the supply of food, and 
 especially cereals, ought to be the basis of profitable exchanges 
 and inestimable mutual benefactions. The wants of our British 
 cousins, already enormous, will rapidly increase. They grow, 
 not only with population, but also by an incessant diversion of 
 labor toward the most profitable employments. Our means of 
 supply are boundless. We have immense areas of fertile soils, 
 cheap, peculiarly fitted for the use of agricultural machinery, 
 and connected with the centres of foreign commerce by great 
 rivers, by vast inland seas, and by seventy-five thousand miles 
 
IS;?-] THE INDIAN CORN SPEECH. 487 
 
 of railway. We have a sun in our heavens which, in the season 
 of agricultural growth, pours down daily floods of light and 
 warmth, making the earth prolific, giving abundance and va 
 riety of fruits, assuring the wheat crop, yielding cotton in its 
 zone, and ripening Indian corn everywhere, even to the verge 
 of the farthest North. 
 
 I predict a great increase in the consumption of our corn by 
 Great Britain over the sixty million bushels which it reached 
 last year. It is the most natural and spontaneous of our cereal 
 products. Our present crop ought to be 1,500,000,000 bushels, 
 against 300,000,000 bushels of wheat. It is but little inferior 
 to wheat in ftutritive power. It costs less than one half on the 
 seaboard, and much less than one half on the farm. It can 
 be cooked, by those who consent to learn how, into many deli 
 cious forms of human food. Why should not the British work 
 men have cheaper food ? Why should not our farmers have a 
 great market? Why should not our carriers have the trans 
 portation ? Let us remember that commercial exchanges must 
 have some element of mutuality. Whoever obstructs the means 
 of payment obstructs also the facilities of sale. We must relax 
 our barbarous revenue system so as not to retard the natural 
 processes of trade. We must no longer legislate against the 
 wants of humanity and the beneficence of God. 
 
 The election now impending involves the choice of the State 
 officers, who compose the administrative boards. Governor 
 Robinson s administration has been characterized by incorrup 
 tible integrity, by wisdom and ability, and by unswerving fidelity 
 to the reforms that have reduced the State taxes one half ; that 
 are rapidly extinguishing the State debt ; that have retrenched 
 two million five hundred thousand dollars a year of the ex 
 penditures upon public works, and have purified our great 
 official trusts. He needs, and has a right to have, the cordial 
 co-operation of those officers who, in the government of the 
 United States and other systems, form the Cabinet of the Chief 
 Executive. In my judgment the gentlemen in nomination will 
 co-operate in the reform policy which I had the honor to in- 
 
488 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 augurate, and which Governor Robinson is consummating. I 
 think that their election and the changes that will take place 
 from the constitutional amendments adopted in 1876 will give 
 him a more united support in the Canal Board than I was able 
 to receive during my administration. I have the more satis 
 faction in avowing this conviction because I believe that any 
 nominations that did not promise such co-operation would be 
 disowned by the Democratic masses. 
 
 The election, although for State officers, has relations to 
 national politics to which I know you will expect me to re 
 fer. The condemnation by the people of the greatest political 
 crime in our history, by which the result of the* Presidential 
 election of 1876 was set aside and reversed, is general and 
 overwhelming. 
 
 [A Voice. We know you got robbed.] 
 
 I did not get robbed. The people got robbed. I had before 
 me on one side a course of laborious services, in which health 
 and even life might be perilled, and on the other a period of 
 relaxation and ease ; but to the people it was a robbery of the 
 dearest rights of American citizens. Her sister States might 
 afford to have the voice of New York frittered away or its 
 expression deferred. It could not change history ; it could 
 not alter the universal judgment of the civilized world ; it 
 could not avert the moral retribution that is impending. 
 But New York herself cannot afford to have her voice un 
 heard. The Declaration of Independence, the Bill of Rights, 
 and the State Constitutions all contain assertions of the right 
 of the people to govern themselves and to change their rules 
 at will. These declarations had ceased to have any meaning 
 to the American mind ; they seemed to be truisms which 
 there was nobody to dispute. The contests known to us 
 were contests between different portions of our people. To 
 comprehend the significance of these declarations it is ne 
 cessary to carry ourselves back to the examples of human 
 experience in view of which our ancestors acted. They had 
 seen the governmental machine and a small governmental 
 
1877.] THE INDIAN CORN SPEECH. 489 
 
 class, sometimes with the aid of the army, able to rule arbi 
 trarily over millions of unorganized, isolated atoms of human 
 society. In forming the government of the United States they 
 endeavored to take every precaution against the recurrence of 
 such evils in this country. They kept down the standing army 
 to a nominal amount. They intended to limit the functions of 
 the Federal Government so as to prevent the growth to dan 
 gerous dimensions of an office-holding class and of corrupt 
 influences. They preserved the State governments as a counter 
 poise to act as centres of opinion and as organized means of 
 resistance to revolutionary usurpation by the Federal Govern 
 ment. Jefferson, the leader of liberal opinion, in his first 
 Inaugural recognized this theory ; Hamilton, the representa 
 tive of the extreme conservative sentiment, in the " Federal 
 ist" expounded it with elaborate arguments; Madison, the father 
 of the Constitution, enforced these conclusions. [A Voice, 
 " How about the returning board ?"] There were no returning 
 boards in those days. The people elected their own President, 
 and there were no Louisiana and Florida returning boards to 
 rob them of their rights. 
 
 The increase of power in the Federal Government during * 
 the last twenty years, the creation of a vast office-holding 
 class with its numerous dependents, and the growth of the 
 means of corrupt influence, have well nigh destroyed the bal 
 ance of our complex system. It was my judgment in 1876 
 that public opinion, demanding a change of administration, 
 needed to embrace two thirds of the people at the beginning of 
 the canvass in order to cast a majority of votes at the election. 
 If this tendency is not arrested, its inevitable result will be the 
 practical destruction of our system. Let the Federal Govern 
 ment grasp power over the great corporations of our country 
 and acquire the means of addressing their interests and their 
 fears ; let it take jurisdiction of riots which it is the duty of 
 the State to suppress ; let it find pretexts for increasing the 
 army, and soon those in possession of the government will 
 have a power with which no opposition can successfully com- 
 
490 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 pete. The experience of France under the Third Napoleon 
 shows that with elective forms and universal suffrage despot 
 ism can be established and maintained. 
 
 . In the canvass of 1876 the Federal Government embarked in 
 the contest with unscrupulous activity. A member of the Cabi 
 net was the head of a partisan committee. Agents stood at 
 the doors of the pay-offices to exact contributions from official 
 subordinates. The whole office-holding class were made to 
 exhaust their power. Even the army, for the first time, to the 
 disgust of the soldiers and many of the officers, was moved 
 about the country as an electioneering instrument. All this 
 was done under the eye of the beneficiary of it, who was mak 
 ing the air vocal with professions of civil-service reform, to 
 be begun after he had himself exhausted all the immoral ad 
 vantages of civil-service abuses. Public opinion in some States 
 was overborne by corrupt influences and by fraud ; but so 
 strong was the desire for reform that the Democratic candi 
 dates received 4,300,000 suffrages. This was a majority of the 
 popular vote of about 300,000, and of 1,250,000 of the white 
 citizens. It was a vote 700,000 larger than General Grant 
 received in 1872, and 1,300,000 larger than he received in 
 1868. For all that, the rightfully elected candidates of the 
 Democratic party were counted out, and a great fraud tri 
 umphed, which the American people have not condoned, and 
 will never condone. Yes ! the crime will never be condoned, 
 and it never should be. I do not denounce the fraud as affect 
 ing my personal interests, but because it stabbed the very foun 
 dations of free government. Such a usurpation must never 
 occur again ; and I call upon you to unite with me in the de 
 fence of our sacred and precious inheritance. The government 
 of the people must not be suffered to become only an empty 
 name. 
 
 The step from an extreme degree of corrupt abuses in the 
 elections to the subversion of the elective system itself is 
 natural. No sooner was the election over, than the whole 
 power of the office-holding class, led by a Cabinet minister, 
 
1877.] THE INDIAN CORN SPEECH. 491 
 
 was exerted to procure, and did procure, from the State can 
 vassers of two States illegal and fraudulent certificates, which 
 were made a pretext for a false count of the electoral votes. 
 To enable these officers to exercise the immoral courage neces 
 sary to the parts assigned to them, and to relieve them from 
 the timidity which God has implanted in the human bosom as 
 a limit to criminal audacity, detachments of the army were 
 sent to afford them shelter. The expedients by which the 
 votes of the electors chosen by the people of these two States 
 were rejected and the votes of the electors having the illegal 
 and fraudulent certificates were counted, and the menace of 
 usurpation by the President of the Senate of dictatorial power 
 over all the questions in controversy, and the menace of the 
 enforcement of his pretended authority by the army arid navy, 
 the terrorism of the business classes, and the kindred measures 
 by which the false count was consummated, are known. The 
 result is the establishment of a precedent destructive of our 
 whole elective system. The temptation to those in possession 
 of the government to perpetuate their own power by similar 
 methods will always exist ; and if the example shall be sanc 
 tioned by success, the succession of government in this country 
 will come to be determined by fraud or force, as it has been 
 in almost every other country, and the experience will be re 
 produced here which has led to the general adoption of the 
 hereditary system in order to avoid confusion and civil war. 
 
 The magnitude of a political crime must be measured by its 
 natural and necessary consequences. Our great Republic has 
 been the only example in the world of a regular and orderly 
 transfer of governmental succession by the elective system. 
 To destroy the habit of traditionary respect for the will of the 
 people as declared through the electoral forms, and to exhibit 
 our institutions as a failure, is the greatest possible wrong to 
 our own country. It is also a heavy blow to the hopes of 
 patriots struggling to establish self-government in other coun 
 tries. It is a greater crime against mankind than the usurpa 
 tion of December 2, 1851, depicted by the illustrious pen of 
 
492 TUE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 Victor Hugo. The American people will not condone it under 
 any pretext or for any purpose. 
 
 Young men ! in the order of nature we who have guarded 
 the sacred traditions of our free government will soon leave 
 that work to you. Within the life of most who hear me our 
 Republic will embrace a hundred millions of people. Whether 
 its institutions shall be preserved in substance and in spirit as 
 well as in barren forms, and will continue to be a blessing to 
 the toiling millions here and a good example to mankind, 
 now everywhere seeking a larger share in the management of 
 their own affairs, will depend on you. Will you accomplish 
 that duty, and mark these wrong-doers of 1876 with the indig 
 nation of a betrayed, wronged, and sacrificed people? I have 
 no personal feeling; but thinking how surely that example 
 will be followed if condoned, I can do no better than to 
 stand among you and do battle for the maintenance of free 
 government. 
 
 I avail myself of the occasion to thank you, and to thank all 
 in our State and country who have accorded to me their sup 
 port, not personal to myself, but for the cause I have repre 
 sented, which has embraced the largest and holiest interests of 
 humanity. 
 
LX. 
 
 IN the fall of 1877, during a brief visit of the head of the 
 wealthy banking-house of J. S. Morgan & Co. to this coun 
 try, his friends in New York tendered him the compliment of 
 a public dinner. Mr. Morgan had left the United States in 
 1854 to accept a position in the banking-house of the late 
 George Peabody, of which he soon became the most active part 
 ner, and on Mr. Peabody s retirement the head. The prosperity 
 of the house was extraordinary, if not unexampled, while its 
 character was such as to exalt in the estimation of the Old 
 World the country and the profession it represents. 
 
 The gentlemen who united in this compliment to Mr. Mor 
 gan, about a hundred in number, consisted largely of the 
 class of citizens of New York and neighboring States who had 
 held more or less extensive business and social relations with 
 Mr. Morgan. The dinner was given at Delmonico s on Nov. 8, 
 1877, and Mr. Tilden was invited to preside. When the cloth 
 was removed, he rose, and presented the guest of the evening 
 to the audience in the following speech. 
 
SPEECH AT THE DINNER GIVEN TO J. S. MORGAN. 
 
 IN this festive tribute to a gentleman who has become 
 eminent in the metropolis of Great Britain, offered by his 
 fellow-citizens in America, I am commissioned to propose a 
 single toast and to elicit a single speech ; and I am to make 
 some introductory suggestions calculated to awaken that native 
 eloquence which springs spontaneously to the lips of every 
 American. 
 
 I could not look upon this audience without being reminded 
 that it is a teaching of political economy that every man 
 who, by any effort, reduces the cost or increases the fruits 
 of any service demanded by society, to that extent enlarges 
 the productive capacity of human labor and increases the 
 results of its exercise. These men, whom we see around us, 
 owners and managers of colossal capital, associated together 
 in corporate firms, undoubtedly have an illusion at least 
 some of them have that they are working for themselves; 
 but I have the satisfaction to be able to claim, on behalf of the 
 rest of us, that they are chiefly working for the general public. 
 I can remember when the products of agricultural industry 
 in the interior of the United States were not worth the cost of 
 bringing them to market. A little time before I was born, 
 two uncles of mine went about thirty miles west of the lower 
 Hudson and established a town there because the produce of 
 the rich grain region less than two hundred miles west of 
 Albany could not be profitably brought to New York by any 
 means then known to civilization. Ere I had grown to man 
 hood I remember reading reports made by Mr. Flagg, then 
 
1877.1 DINNER TO J. S. MORGAN. 495 
 
 comptroller, having charge of the State canals, containing 
 answers to circulars sent out to ask the farmers of Ohio, 
 Indiana, and Illinois whether, by the improved methods then 
 deemed to be marvellous creations, they could afford to send 
 their produce to the New York markets. Twenty years later 
 we were able to grasp the business that arises in the valley of 
 the Mississippi, and bring vast quantities of cereal and other 
 food products a thousand and many more miles to our city on 
 its way to European markets. 
 
 Now, gentlemen, this question of transportation has, in the 
 United States, a magnitude which is possible nowhere else in 
 the world. Take a product of agricultural industry which used 
 to cost an amount equal to its whole value on the farm to bring 
 it to market, and if you reduce the cost of that transportation 
 one half, the effect is precisely equivalent to what it would be if 
 you added one fourth to the fertility of the soil without any 
 additional cost of tillage. Nowhere on the face of the globe has 
 this great problem of transportation had such importance, and 
 nowhere have improvements in the processes of transportation 
 had such results as in this country ; and to-day we find ourselves 
 able to bring farm products from the remotest interior of the 
 continent now occupied, to the points of shipment on the Atlan 
 tic seaboard, and to sell them there at prices which command 
 the markets of Great Britain. The gentlemen who are engaged 
 in the management of the great machinery of transportation 
 think, no doubt, that they are working for their corporations and 
 for their stockholders (though the stockholders seem sometimes 
 to have great doubt on the latter point) ; but I, on behalf of the 
 public, assert that in the main they are working for that pub 
 lic. If they have any title to popular recognition, if they 
 have any right to popular consideration, this is that title, 
 this is that right. In the first place, while we see these men 
 of colossal fortunes, and managers of great associated capital, 
 seeking to all human eyes their own selfish gains, there is a 
 wise and beneficent overruling; Providence which directs events 
 
 O 
 
 so that nearly all they do in lessening the cost of these services 
 
496 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 results, not in enlarged profits, but in diminished charges ; and 
 thus inures to the benefit of the mass of the people. It is not 
 possible, under competition and other natural laws, that any 
 but a comparatively inconsiderable share of the results of their 
 scheming, their planning, their efforts, their skill, and their 
 sacrifices, shall go anywhere else than to the benefaction of 
 the general public. 
 
 In the second place, even as to the comparatively small 
 share which those who do the transportation for human society 
 are able to reserve as profits, so long as the accumulations are 
 invested as active capital for doing necessary and useful ser 
 vices in the work of transportation or otherwise, it is but 
 creating better machinery, better processes, and more competi 
 tion, all resulting in cheaper service to the public. 
 
 In the third place, when we come to the small fraction 
 which the owners or managers of these colossal capitals are 
 able to apply to their personal use, or to lay up for such use, 
 the first thing that strikes one is that they cannot carry even 
 a carpet-bag when they go on their long journey to that 
 bourne from whence no traveller returns. Even personal 
 accumulations, after the owners have left them, sink into 
 the mass which society in the aggregate owns, and undergo 
 a fresh distribution. 
 
 I remember, when I was quite a young man, being sent for 
 by one of the ablest men I have ever known, a great states 
 man and a great thinker, Martin Van Buren, who wanted to 
 consult me ai>out his will. Well, I walked with him all over 
 his farm one afternoon, and I heard what he had to say, with 
 the previous knowledge (not from him), that I was trustee 
 under his will. The next morning, as I stood before his broad 
 and large wood fire, I stated the result of my reflections. I 
 said : " It is not well to be wiser than events ; to attempt to 
 control the far future, which no man can foresee ; to trust one s 
 grandchildren, whom one does not know, out of distrust, with 
 out special cause, of one s children, whom one does know." I 
 came home ; and, after a week, I received a letter from him 
 
I877-] DINNER TO J. S. MORGAN. 497 
 
 stating that he had thought much about the suggestion as to 
 attempting to be wiser than events, and had abandoned all the 
 complicated trusts by which he had proposed tying up his 
 property ; and he submitted to me a simple form according to 
 the laws of the land and the laws of nature, which was approved 
 and adopted. 
 
 I went down to Roehampton last summer to see the beau 
 tiful country home of my friend Mr. Morgan, a few miles out 
 of London. He was well pleased to show me about everywhere. 
 No man could help being delighted with what I saw, and he 
 was curious to know what were my impressions. Well, I had, 
 while inspecting with pleasure the appliances of comfort and 
 luxury, been thinking how much, after all, he got for himself 
 out of his great wealth and great business ; I had been thinking 
 how much he was able to apply to his own use, what sort of 
 wages he got for managing the great establishment at No. 22 
 Old Broad Street in London, and said to him : " I don t see 
 but what you are a trustee here ; you get only your food, your 
 clothing, your shelter." Of course a man may have some de 
 light in a sense of power, in a sense of consequence ; but I 
 rather thought his coachman beat him in that particular. 
 And, on the whole, I thought aloud I could not help it I 
 told him he was a trustee with a very handsome salary, doing 
 very well ; but I could not see that he got much more than 
 any of the rest of the people about the place. Well, I did 
 hear, when, soon after, I went down to 22 Old Broad Street, 
 that he was rather late to business the next morning ; but I 
 will do him the justice to say that he adapted himself to the 
 duties of a trustee, and that he was as diligent and faithful as 
 though he had some personal interest in the great affairs he is 
 managing. Now as to my friend Mr. Morgan he was a 
 Connecticut boy ; he was a Boston young man. I can imagine 
 that, when he was casting his future, he heard a spectral voice 
 say : " Young man, go West." The West opened great oppor 
 tunities. A man could go there, start with the country, grow 
 up with it, develop with everything around him, and be a very 
 
 VOL. ii. 32 
 
498 THE WORKS OF SAMUEL J. TILDEN. [1877. 
 
 great character. It was easier to be an important man there 
 than in any older country. But, on the other hand, Mr. 
 Morgan may have heard about the same time the chiming 
 voices of those old Bow Bells which Sir Richard Whittington 
 heard inviting him back to London, telling him he would be 
 Lord Mayor three times. Mr. Morgan chose London ; he went 
 to that place, in which it is more difficult to rise, more difficult 
 to get an initiative, more difficult to start a career, than in any 
 place else in the world ; and he succeeded. And now, after 
 many years, after a quarter of a century, he returns to his 
 native country for a time, having manifested ability, judgment, 
 integrity, and honor in the capital of England. But during all 
 that time, when he has risen to great eminence and great dis 
 tinction, he has the large claim on our consideration that he 
 has never ceased to be an American. I trust also that he, as 
 all the rest of these men of colossal fortunes, has discovered 
 that there is something better than money, and that is the 
 merited esteem of their fellows ; and that there is something 
 better than the merited esteem of their fellows, which is a 
 consciousness that human society is better because we have 
 existed. 
 
 Gentlemen, I propose to you the health of Junius S. Morgan. 
 
LXI. 
 
 MR. TILDEN was invited to dine with the Democratic Asso 
 ciation of Massachusetts on the anniversary of Washington s 
 birthday, Feb. 22, 1880. General Grant was still a candidate 
 for a third nomination to the Presidency. His partisans were 
 active and determined. The Republicans of New York were 
 counted upon to give him a solid delegation. It was natural 
 that Mr. Tilden s views of third-term candidates for the Presi 
 dency should find some expression in his reply to this invita 
 tion from a State which had always given its entire electoral 
 vote for Republican candidates. The following letter was 
 addressed to Mr. Henry Walker, chairman of the Executive 
 Committee of the Democratic Association of Massachusetts, 
 Boston. 
 
REPUBLIC, OR EMPIRE? 
 
 NEW YORK, Feb. 21, 1880. 
 
 MY DEAR SIR, My engagements here will deny me the 
 pleasure of being present at the dinner of the Democratic Asso 
 ciation of Massachusetts on the anniversary of the birth of 
 Washington. I need not say how much I should be delighted 
 to meet the company who will be assembled on that occasion. 
 
 Nothing could be more fit at the present time than to com 
 memorate that day. It was the Father of his Country, " first 
 in war, first in peace, and first in the hearts of his country 
 men," who set the original example against a third term in 
 the Presidential office. He made that memorable precedent 
 as a guide to all his successors and as an unwritten law of 
 the American people. He did so in the light of a prevalent 
 fear in the minds of the most ardent of the patriots who had 
 achieved our national independence and created our system of 
 free government, that indefinite re-eligibility would degenerate 
 into a practical life-tenure. 
 
 The vast power acquired by the Federal Government over 
 the elections by its office-holders, its patronage, the money it 
 levies, and its various forms of corrupt influence, have devel 
 oped this danger until it darkens the whole future of our 
 country. 
 
 In the choice between the republic and the empire, we must 
 believe that the people will be true to their ancestry and to 
 mankind. 
 
 Tendering you assurances of my esteem, I am, respectfully 
 
 yours, 
 
 SAMUEL J. TILDEN. 
 
 HENRY WALKER, Esq. 
 
LXIL 
 
 WHEN the Convention met at Cincinnati in June, 1880, to 
 nominate a candidate for the support of the Democratic party 
 at the then approaching Presidential election, the delegation 
 from New York, and probably a majority of the Convention, 
 were in favor of the re-nomination of Mr. Tilden. For the rea 
 sons set forth in the following letter, addressed to the New 
 York delegation at Cincinnati, Mr. Tilden declined to allow 
 his name to go before the Convention as a candidate. The 
 impressive eloquence of this letter so aggravated the disappoint 
 ment of his friends, who had not renounced the hope that he 
 might yield to the pressure of public opinion, that but for a 
 peremptory despatch from Mr. Tilden to Mr. Manning, the 
 chairman of the New York delegation, it is probable that he 
 would have been re-nominated in defiance of his letter. The 
 despatch was in reply to one from Mr. Manning, wishing to 
 know if he might yield to the pressure upon him for Mr. 
 Tilden s re-nomination, and ran as follows: 
 
 June 28, 1880. 
 Hon. Daniel Manning, Grand Hotel, Cincinnati, Ohio. 
 
 Eeceived your telegram and many others containing like infor 
 mation. My action was well considered, and is irrevocable. No 
 friend must be allowed to cast a doubt upon my sincerity. 
 
 SAMUEL J. TILDEN. 
 
 With the letter which follows, to the New York delegation in 
 1880, Mr. Tilden practically took leave of public life, so far, 
 at least, as was possible for a man of his eminence and abili 
 ties, and in the full possession of all his intellectual faculties 
 and resources. 
 
LETTER DECLINING A RE-NOMINATION. 
 
 NEW YORK, June 18, 1880. 
 
 To the Delegates from the State of New York to the Democratic 
 National Convention. 
 
 YOUR first assembling is an occasion on which it is proper 
 for me to state to you my relations to the nomination for the 
 Presidency which you and your associates are commissioned to 
 make in behalf of the Democratic party of the United States. 
 
 Having passed my early years in a-n atmosphere filled with 
 traditions of the war which secured our national independence 
 and of the struggles which made our Constitutional system a 
 government for the people, by the people, I learned to idealize 
 the institutions of my country, and was educated to believe it 
 the duty of a citizen of the Republic to take his fair allotment 
 of care and trouble in public affairs. I fulfilled that duty to 
 the best of my ability for forty years as a private citizen. Al 
 though during all my life giving at least as much thought and 
 effort to public affairs as to all other objects, I have never 
 accepted official service except for a brief period for a special 
 purpose, and only when the occasion seemed to require of me 
 that sacrifice of private preferences to public interests. My 
 life has been substantially that of a private citizen. 
 
 It was, I presume, the success of efforts in which, as a priv 
 ate citizen, I had shared, to overthrow a corrupt combination 
 then holding dominion in our metropolis and to purify the judi 
 ciary which had become its tool, that induced the Democracy 
 of the State in 1874 to nominate me for governor. This was 
 done in spite of the protests of a minority that the part I had 
 
iSSo.] DECLINES A RE-NOMINATION. 503 
 
 borne in those reforms had created antagonisms fatal to me as 
 a candidate. I felt constrained to accept the nomination as 
 the most certain means of putting the power of the guberna 
 torial office on the side of reform, and of removing the impres 
 sion, wherever it prevailed, that the faithful discharge of one s 
 duty as a citizen is fatal to his usefulness as a public servant. 
 
 The breaking up of the Canal Ring, the better management 
 of our public works, the large reduction of taxes, and other 
 reforms accomplished during my administration, doubtless 
 occasioned, in 1876, my nomination for the Presidency by the 
 Democracy of the Union, in the hope that similar processes 
 would be applied to the Federal Government. From the re 
 sponsibilities of such an undertaking, appalling as it seemed to 
 me, I did not feel at liberty to shrink. 
 
 In the canvass which ensued, the Democratic party repre 
 sented reform in the administration of the Federal Government 
 and a restoration of our complex political system to the pure 
 ideals of its founders. Upon these issues the people of the 
 United States, by a majority of more than a quarter of a million, 
 chose a majority of the electors to cast their votes for the Dem 
 ocratic candidates for President and Vice-President. It is my 
 right and privilege here to say that I was nominated and 
 elected to the Presidency absolutely free from any engage 
 ment in respect to the exercise of its powers or the disposal 
 of its patronage. Through the whole period of my relation 
 to the Presidency I did everything in my power to elevate 
 and nothing to lower moral standards in the competition of 
 parties. 
 
 By what nefarious means the basis of a false count was laid 
 in several of the States, I need not recite. These are now 
 matters of history, about which whatever diversity of opinion 
 may have existed in either of the great parties of the country 
 at the time of their consummation has since practically dis 
 appeared. 
 
 I refused to ransom from the returning boards of Southern 
 States the documentary evidence by the suppression of which, 
 
504 THE WORKS OF SAMUEL J. TILDEN. [1880. 
 
 and by the substitution of fraudulent and forged papers, a 
 pretext was made for the perpetration of a false count. 
 The constitutional duty of the two Houses of Congress to 
 count the electoral votes as cast, and give effect to the will of 
 the people as expressed by their suffrages, was never fulfilled. 
 An Electoral Commission, for the existence of which I have no 
 responsibility, was formed, and to it the two Houses of Con 
 gress abdicated their duty to make the count, by a law enacting 
 that the count of the Commission should stand as lawful unless 
 overruled by the concurrent action of the two Houses. Its false 
 count was not overruled, owing to the complicity of a Repub 
 lican Senate with the Republican majority of the Commission. 
 
 Controlled by its Republican majority of eight to seven, 
 the Electoral Commission counted out the men elected by 
 the people, and counted in the men not elected by the people. 
 That subversion of the election created a new issue for the 
 decision of the people of the United States, transcending in 
 importance all questions of administration ; it involved the 
 vital principle of self-government through elections by the 
 people. 
 
 The immense growth of the means of corrupt influence over 
 the ballot-box, which is at the disposal of the party having 
 possession of the executive administration, had already become 
 a present evil and a great danger, tending to make elections 
 irresponsive to public opinion, hampering the power of the 
 people to change their rulers, and enabling the men holding 
 the machinery of government to continue and perpetuate their 
 power. It was my opinion in 1876 that the opposition attempt 
 ing to change the administration needed to include at least two 
 thirds of the voters at the opening of the canvass in order to 
 retain a majority at the election. 
 
 If after such obstacles had been overcome, and a majority 
 of the people had voted to change the administration of their 
 government, the men in office could still procure a false count 
 founded upon frauds, perjuries, and forgeries furnishing a pre 
 text of documentary evidence on which to base that false count, 
 
i88o.] DECLINES A RE-NOMINATION. 505 
 
 and if such a transaction were not only successful, but, 
 after allotment of its benefits were made to its contrivers, abet- 
 ters, and apologists by the chief beneficiary of the transaction, 
 it were also condoned by the people, a practical destruction 
 of elections by the people would have been accomplished. 
 
 The failure to instal the candidates chosen by the people 
 a contingency consequent upon no act or omission of mine, and 
 beyond my control has left me for the last three years and 
 until now, when the Democratic party by its delegates in 
 National Convention assembled shall choose a new leader, the 
 involuntary but necessary representative of this momentous 
 issue. 
 
 As such, denied the immunities of private life, without the 
 powers conferred by public station, subject to unceasing false 
 hoods and calumnies from the partisans of an Administration 
 laboring in vain to justify its existence, I have nevertheless"! 
 steadfastly endeavored to preserve to the Democratic party of J 
 the United States the supreme issue before the people for their 
 decision next November, whether this shall be a government 
 by the sovereign people through elections, or a government by 
 discarded servants holding over by force and fraud ; and I 
 have withheld no sacrifice and neglected no opportunity to 
 uphold, organize, and consolidate against the enemies of repre 
 sentative institutions the great party which alone, under God, 
 can effectually resist their overthrow. 
 
 Having now borne faithfully my full share of labor and care 
 in the public service, and wearing the marks of its burdens, I 
 desire nothing so much as an honorable discharge. I wish to 
 lay down the honors and toils of even quasi party leadership, 
 and to seek the repose of private life. 
 
 In renouncing re-nomination for the Presidency, I do so with 
 no doubt in my mind as to the vote of the State of New York 
 or of the United States, but because I believe that it is a renun 
 ciation of re-election to the Presidency. 
 
 To those who think my re-nomination and re-election indis 
 pensable to an effectual vindication of the right of the people 
 
506 THE WORKS OF SAMUEL J. TILDEN. [1880. 
 
 to elect their rulers, violated in my person, I have accorded 
 as long a reserve of my decision as possible ; but I cannot over 
 come my repugnance to enter into a new engagement which 
 involves four years of ceaseless toil. 
 
 The dignity of the Presidential office is above a merely 
 personal ambition, but it creates in me no illusion. Its value 
 is as a great power for good to the country. I said four years 
 ago, in accepting nomination : " Knowing as I do, therefore, 
 from fresh experience how great the difference is between 
 gliding through an official routine and working out a reform 
 of systems and policies, it is impossible for me to contemplate 
 what needs to be done in the Federal administration without 
 an anxious sense of the difficulties of the undertaking. If 
 summoned by the suffrages of my countrymen to attempt 
 this work, I shall endeavor with God s help to be the effi 
 cient instrument of their will." 
 
 Such a work of renovation after many years of misrule, 
 such a reform of systems and policies, to which I would cheer 
 fully have sacrificed all that remained to me of health and life, 
 is now, I fear, beyond my strength. 
 
 With unfeigned thanks for the honors bestowed upon me, 
 with a heart swelling with emotions of gratitude to the Demo 
 cratic masses for the support which they have given to the 
 cause I represented, and for their steadfast confidence in every 
 emergency, I remain 
 
 Your fellow-citizen, 
 
 SAMUEL J. TILDEN. 
 
LXIII. 
 
 THE centennial anniversary of the capture of Major Andre*, 
 the British spy, was celebrated at Tarry town on the 23d of 
 September, 1880. With a notable military and naval display, 
 at ten o clock in the morning, the very hour when, a hundred 
 years before, Andre had been captured, a monument reared to 
 the memory of his captors on the very spot where the capture 
 was made, was unveiled. At one o clock in the afternoon a 
 great tent, with the capacity of holding five thousand people, 
 which had been erected on Mount Andre*, was filled to over 
 flowing. The platform was occupied by a large number of 
 the prominent citizens of Westchester County, among whom, 
 and by far the most conspicuous, were the five surviving chil 
 dren of John Paulding, one of the captors of Andre, all bowed 
 down by age and infirmities. 
 
 Soon after the procession, formed below, had reached the 
 grounds, Mr. Tilden entered the tent and mounted the plat 
 form, followed by Chauncey M. Depew, the orator of the day. 
 Mr. D. Ogden Bradley, president of the Monument Association, 
 announced that Mr. Tilden had consented to preside on the 
 occasion, and thereupon introduced him to the audience. On 
 taking the chair, Mr. Tilden made the remarks which follow. 
 
THE ANDK6 CENTENNIAL. 
 
 REMARKS ON TAKING THE CHAIR AT THE CENTENNIAL CELEBRA 
 TION OF THE CAPTURE OF ANDRE, AT TARRYTOWN, NEW YORK, 
 SEPT. 23, 1880. 
 
 FELLOW-CITIZENS, The event which you have to-day met to 
 commemorate marked a crisis in the fortunes both of our State 
 and country. The valley of the Hudson, spread out here at 
 your feet, is now chiefly known by its picturesque scenery and 
 by the very important part it bears in our internal commerce. 
 But its possession for military purposes was a supreme object 
 in all the foreign wars in which New York has been involved, 
 whether as a dependent colony of Great Britain or as a 
 sovereign State of our American Union. 
 
 As early as 1756, in the conflict for colonial supremacy 
 between Great Britain and France, New York was invaded by 
 the French from Canada. In the war of 1812, between Great 
 Britain and the United States, New York was invaded by a 
 British armament from Canada. In the war of 1776 for 
 American independence, the military and naval forces of 
 Great Britain held the city of New York and the lower Hud 
 son, and a British army from Canada penetrated nearly to 
 Albany. It was their purpose to occupy the whole valley of 
 the Hudson, and thereby dissever the forces and territory 
 of the American people. Upon the defeat and capture of 
 Burgoyne s army at Saratoga the enemy sought to secure the 
 same end by obtaining possession of our stronghold at West 
 Point, through the treachery of the general in command. Just 
 
i88o.] THE ANDRE CENTENNIAL. 509 
 
 a hundred years ago, and upon the spot where you have to-day 
 unveiled an appropriate monument, this treasonable plot was 
 discovered and defeated by the capture of one of its emissa 
 ries, an adjutant-general of the British army. That patriotic 
 service was rendered by three yeomen of Westchester County. 
 It is fitting that on the centennial anniversary of an event of 
 such critical importance in our national history the homage 
 of a nation s esteem and gratitude should be paid to their 
 memory. 
 
 Paulding, Yan Wart, and Williams are here in the persons 
 of their descendants or representatives. 
 
 The honors which you bestow to-day will be through future 
 ages and to all who come after us at once a durable example 
 and an ennobling incentive. 
 
LXIY. 
 
 THE executive committee of the International Cotton Expo 
 sition held at Atlanta, Georgia, in the winter of 1881 appointed 
 Kobert Tannahill, John H. Inman,and M. B. Fielding a special 
 committee to wait upon Mr. Tilden and invite him to visit the 
 International Cotton Exposition, to be held in that city, as 
 the guest of the executive committee at such time as might 
 be most convenient to him. The gentlemen charged with this 
 duty waited upon Mr. Tilden, and enforced the invitation which 
 they conveyed, with such considerations as they thought most 
 likely to have weight with him. After a few days they re 
 ceived from Mr. Tilden the letter which follows. 
 
THE INTERNATIONAL COTTON EXPOSITION. 
 
 GKATSTONE, Dec. 17, 1881. 
 
 To the Executive Committee of the International Cotton Exposition, 
 at Atlanta. 
 
 GENTLEMEN, I have had the honor to receive your resolu 
 tions inviting me to visit the International Cotton Exposition 
 as your guest, and designating Messrs. Robert Tannahill, John 
 H. Inman, and M. B. Fielding as a special committee to com 
 municate them to me. I have also had the honor of a personal 
 presentation of a copy of the resolutions at the hands of those 
 gentlemen, accompanied by Governor Colquitt, the president 
 of the Exposition, and General Gordon. 
 
 It is with much regret that I feel obliged to deny myself the 
 great pleasure tendered me with such distinguished courtesy. 
 It would delight me to interchange friendly greetings with 
 the citizens whom I should expect to meet at Atlanta, and to 
 avail myself of so favorable an opportunity for observing with 
 my own eyes the elements of industrial growth which promise 
 a future of marvellous prosperity to the Southern States. Above 
 all, I desire to contribute my influence, however inconsiderable 
 it may be, toward encouraging a movement to organize inves 
 tigation and intelligence concerning subjects of vast interest, 
 not to the South alone, but to our whole country and the 
 world. 
 
 I may venture to hope that the public spirit which created 
 and has sustained this exposition is not exhausted, but that 
 the signal success of this first essay will induce similar efforts, 
 
512 THE WORKS OF SAMUEL J. T1LDEN. [1881. 
 
 attract increasing public attention to them, and secure for them 
 wider co-operation and more perfect development. 
 
 The last time I visited those islands which were the homes 
 of most of our ancestors, I realized what a benefaction it was 
 that had set in these heavens a sun which is generally radiant, 
 and sometimes blazing. It is what climatologists call the up 
 ward curve in the hourly and daily tides of heat which makes 
 our four hundred and fifty million bushels of wheat a sure 
 crop; which ripens our seventeen hundred and fifty million 
 bushels of corn; and which enables us to grow six million 
 bales of the best and cheapest cotton. 
 
 The invention which separates by machinery the fibre of the 
 cotton from the seed gave a new comfort to every fireside. 
 Better clothing at less cost was a boon to mankind. The fact 
 that one half of the present cotton crop is the product of white 
 labor has dispelled the illusion that the Caucasian race had 
 been excluded by Providence from their natural share in so 
 important a culture, and assures in the future an ample supply 
 of labor from sources of indefinite extent. This result derives 
 momentous importance from the fact that the actual culture of 
 cotton is now applied to less than one thirtieth part of the 
 lands embraced in the cotton belt. 
 
 The development of your agricultural industries will soon 
 be followed by manufactures. A mature community, while it 
 is enlarging the positive volume of its external commerce, 
 increases the proportion of domestic manufactures which enter 
 into the local consumption. 
 
 The advantages of a superior adaptation of climate, soil, and 
 other spontaneous bounties of Nature, and of a geographical 
 contiguity to the market, are a legitimate protection to the 
 local industries, founded on the greatest productiveness of 
 human labor in supplying the wants of man, and upon the 
 utmost saving in the cost of transportation between the pro 
 ducer and the consumer. 
 
 It contrasts with the artificial devices of legislation, always 
 unskilful, and often perverted by selfish greed, which gener- 
 
i83i.] INTERNATIONAL COTTON EXPOSITION. 513 
 
 ally have the effect of diminishing the productive power of 
 human labor, just as if the soil were rendered less fertile or 
 the climate less genial by act of Congress, in order to enable 
 the deluded beneficiary to make some profit out of enterprises 
 otherwise unremunerative. 
 
 The South is rich in natural capacities of production, as yet 
 mainly unappropriated. To utilize these capacities is a benefi 
 cent process. Its results may come, not so fast or so soon as 
 some may hope ; but I predict that when they do come, they 
 will in their magnitude transcend the anticipations of the most 
 sanguine. 
 
 Your fellow-citizen, 
 
 SAMUEL J. TILDEN. 
 
 VOL. ii. 33 
 
LXV. 
 
 JACKSON AND DEMOCRACY. 1 
 
 GRAYSTONE, March 11, 1882. 
 
 GENTLEMEN, I have received your letter conveying to 
 me an invitation to attend a banquet of the Iroquois Club in 
 Chicago on the 15th instant, the anniversary of the birth of 
 Andrew Jackson, and to respond to the toast " Democracy." 
 
 It will not be practicable for me to be present with you on that 
 occasion, but I cordially sympathize in the homage which you 
 propose to pay to the memory of that great soldier-statesman. 
 
 He represented the exultant nationality of sentiment which 
 had always characterized the Democracy, and he manifested 
 in a great public crisis his own invincible determination to 
 maintain the territorial integrity of our country and the indis 
 soluble union of the States. He likewise represented the benefi 
 cent Jeffersonian philosophy which prefers that nothing shall 
 be done by the General Government which the local authorities 
 are competent to do, and nothing by any governmental power 
 which individuals can do for themselves. The great contests 
 during his administration arose out of his efforts to resist the 
 usurpation by Congress of powers in derogation of the rights 
 of localities and of individuals, as well as in derogation of the 
 Constitution. 
 
 I well remember that in the debate in 1832 on the veto 
 of the Bill to re-charter the Bank of the United States, Mr. 
 
 1 Letter read at the banquet given by the Iroqnois Club of Chicago on the anni 
 versary of the birthday of Andrew Jackson, March 15, 1882, in response to an 
 invitation to attend and reply to the toast " Democracy." 
 
i882.] JACKSON AND DEMOCRACY. 515 
 
 Webster, with all his eloquence, denounced and deplored the 
 spectacle of the Executive disclaiming the powers and dis 
 mantling the government of which he was the head. The 
 overgrowth of abuses and arrogations of authority which now 
 conceal, as they have distorted, our political system, would 
 have seemed fifty years ago, when that debate occurred, as 
 incredible to Webster as they would to Jackson. 
 
 The government can never be restored and reformed except 
 from inside, and by the active, intelligent agency of the Execu 
 tive. We must hope that Providence will, in its own good 
 time, raise up a man adapted and qualified for the wise exe 
 cution of this great work, and that the people will put him 
 in possession of the executive administration, through which 
 alone that noble mission can be accomplished, and the health 
 and life of our political system be preserved and invigorated. 
 
 Your fellow-citizen, 
 
 SAMUEL J. TILDEN. 
 
 Messrs. S. CORNING JUDD, THOMAS HOYNE, MELVILLE W. FULLER, GEORGE 
 W. BRANDT, HENRY WALLER, Jr., JULIUS S. GRINNELL, and STEPHEN S. 
 GREGORY, Committee. 
 
LXVI. 
 
 JEFFERSON AND DEMOCRACY. 1 
 
 GRATSTONE, March 30, 1882. 
 
 GENTLEMEN, I have received your letter in behalf of the 
 Jefferson Club of New Haven, inviting me to be present 
 at their commemoration of the birth of Thomas Jefferson. 
 Although I am obliged to deny myself the pleasure of meet 
 ing with you on that occasion, I share the feelings which bring 
 you together. 
 
 Mr. Jefferson has many titles to the reverence of the Ameri 
 can people and of all lovers of liberty throughout the world. 
 He was among the earliest, most resolute, and most steadfast 
 of the patriots who upheld the popular rights in the incipient 
 struggles of our Revolution, when the part he took required a 
 higher order of courage, of self-denial, and of genius than 
 were necessary at any subsequent period of our history. He 
 penned the immortal statement of the principles which led our 
 ancestors to assert the independent existence of our country, 
 and which has been substantially adopted as a model for every 
 people who have since attempted to establish national indepen 
 dence on the basis of human rights. He was first in his day 
 completely to emancipate his own mind from the monarchical 
 and aristocratical traditions which still enslaved most of the 
 best intellects of the country. 
 
 But the obligations of the world to Mr. Jefferson do not end 
 
 1 Letter read to the Jefferson Club of New Haven on the anniversary of the 
 birthday of Thomas Jefferson. 
 
i882.] JEFFERSON AND DEMOCRACY. 517 
 
 here. On the completion of the Federal Constitution, Gouver- 
 neur Morris, being asked what he thought of it, answered, 
 " That depends upon how it is construed." After the organi 
 zation of the Federal Government a powerful class sought to 
 impress upon it in its practical working the features of the 
 British system. Mr. Jefferson was the great leader of the 
 party formed to resist these efforts, and to hold our institutions 
 to the popular character which was understood to belong to 
 them when the Constitution was ratified by the people. 
 
 By his inflexible adherence to free principles, by his untiring 
 efforts, by his counsels, and by the magic of his pen, he was the 
 principal agent in rescuing from its greatest peril, and while yet 
 in its infancy, government by the people, for the people. 
 
 The arduous contest resulted in a political revolution which 
 brought Mr. Jefferson into the Presidency. He put the ship of 
 State, to use his own expression, upon the " republican tack." 
 He arrested centralizing tendencies, re-invigorated local self- 
 government, restored the rights of the States, and protected 
 and enlarged the domain of the individual judgment and con 
 science. For eight years he admininistered the Government, 
 and for sixteen years it was administered by his pupils, under 
 his observation and advice. Thus was established a habit 
 which largely shaped the standards for the guidance of the 
 popular judgment, the modes of thinking of statesmen, and 
 the general course of government for sixty years. How impor 
 tant such a habit is, will be appreciated when we consider that 
 usurpation has often been successfully accomplished in other 
 countries by men wielding the executive power ; when we 
 remember that Jefferson sincerely feared that Hamilton, who 
 thought our government a " frail and worthless fabric," would 
 change it if he came into power ; and when we also recall the 
 fact that Hamilton himself has left on record his belief that 
 Burr would have wrought a personal usurpation if he could 
 have grasped the Presidency. 
 
 Mr. Jefferson gave to our administrative system an aspect 
 of republican simplicity ; he repressed jobbery as well as all 
 
518 THE WORKS OF SAMUEL J. TILDEN. [1882. 
 
 perversions of power ; and by his precepts, his influence, and 
 his example, elevated the standard of political morals. In 
 his personal practice he was not only pure, but, to make his 
 example more effective, he refrained, while administering 
 the greatest of official trusts, from all attempts to increase 
 his private fortune, even by methods open to every private 
 citizen. 
 
 In a period when there seems to be little respect for the 
 limitations of power prescribed in our written Constitution; 
 when assumptions of ungranted authority are rife in all the 
 departments of the Federal Government ; when that Government 
 is being gradually changed into an elective despotism, meddling 
 in everything belonging to the State or to individuals ; when 
 every new assumption of ungranted power creates new oppor 
 tunities, new facilities, and new incentives to favoritism and 
 jobbery ; when the civil service has been converted into a bal 
 ance of power to determine the elections by pecuniary and 
 other illegitimate influences; when the perversion of high 
 trusts to the private gain of the official is frequently committed 
 with apparent unconsciousness of wrong, and passes almost 
 without rebuke, it is time that the teachings and the example 
 of Thomas Jefferson be invoked to keep alive the glimmering 
 spark of official virtue and public honor. 
 
 Your fellow-citizen, 
 
 SAMUEL J. TILDEN. 
 
 Messrs. C. B. BOWERS, JAMES E. ENGLISH, JOHN H. LEEDS, PHILIP POND, 
 and A. HEATON ROBERTSON, Committee, 
 
LXVII. 
 
 FALSE CONSTRUCTIONS AND CORRUPT PRACTICES. 
 LETTER TO THE IROQUOIS CLUB. 
 
 NEW YORK, April 11, 1884. 
 
 GENTLEMEN, I have had the honor to receive your invi 
 tation to the third annual banquet of the Iroquois Club to 
 respond to the sentiment " The Federal Constitution." I have 
 also received private letters asking a written response to the 
 sentiment in case I am prevented from attending. I have 
 been for some time, and am still, exceptionally engrossed with 
 business which I have no power to defer or abandon. I must 
 therefore communicate with you in writing, and my answer 
 must be brief. 
 
 On the formation of the Federal Constitution, Gouverneur 
 Morris, who had been a conspicuous member of the Conven 
 tion, being asked what he thought of the Constitution, replied, 
 " That depends upon how it is construed." 1 The Democratic 
 party originated in a resistance by the more advanced patriots 
 of the Revolution to the efforts which were made to change the 
 character of our government by false constructions of the Con 
 stitution, impressing on the new system a monarchical bias. 
 Mr. Jefferson s election in 1800 rescued our free institutions 
 from the perils which surrounded them, and secured sixty 
 
 1 [The remark here attributed to Gouverneur Morris was addressed by him 
 to Rufus King. He repeated it to Mr. Van Buren, who repeated it to Mr. 
 Tilden. ED.] 
 
520 THE WORKS OF SAMUEL J. TILDEN. [1884. 
 
 years of administration mainly in harmony with their design 
 and true character. 
 
 When an attempt was made to break up the Union and to 
 dismember the territorial integrity of the country, the people 
 were compelled to make a manly choice between these calami 
 ties and the dangerous influence of civil war upon the character 
 of the government. They patriotically and wisely resolved to 
 save the Union first, and to repair the damages which our 
 political system might sustain when the more imminent danger 
 had been provided against. 
 
 The first work was successfully accomplished ; but twenty 
 years have since elapsed, and the work of restoring the govern 
 ment to its original character is not yet accomplished. Our 
 wise ancestors had warned us that if we fell into civil discords, 
 our free system was liable to perish in the struggle by an in 
 sensible change of its character. Not only have the best tra 
 ditions of the patriots who won independence and established 
 freedom lost their authority, but our cherished political system 
 is slowly losing its hold upon life under the fungus-growths of 
 false constructions and corrupt practices. Government itself 
 has become a menacing factor in the elections. As long ago 
 as 1876 I expressed the opinion that the opposition must em 
 brace at the beginning of the canvass two thirds of the voters 
 to maintain a majority at the election. In this, history repeats 
 itself. In most countries the government maintains itself by 
 force or fraud. Even in the comparatively popular system of 
 England the monarch has until lately controlled a majority of 
 Parliament, and frequently decided elections by court favors, 
 jobs, and money taken from the public treasury. This is a 
 hard saying ; but recent publications of the papers of her 
 deceased statesmen leave no doubt upon the subject. 
 
 In our own country the government, instead of standing as 
 an impartial arbiter amid the conflicts of maturing opinion 
 and contending interests, has itself descended into the arena 
 equipped with all the weapons of partisanship. Its myriads of 
 office-holders, its alliances with or against vast pecuniary inter- 
 
1884.] FALSE CONSTRUCTIONS, CORRUPT PRACTICES. 521 
 
 ests, its unlimited command of money levied from its depend 
 ents and contractors, have sufficed to determine a majority in 
 every case but one. In that case it collected military forces 
 around the capital, and by this and other menaces intimidated 
 the Congressional representatives of a majority of the people 
 to relinquish the fruits of their victory and to surrender the 
 government to the control of a minority. 
 
 No reform of the administration is possible so long as the 
 government is directed by a party which is under the dominion 
 of false doctrines, and animated by enormous pecuniary inter 
 ests in the perpetuation of existing abuses. The first effectual 
 step in the reform of our government must be a fundamental 
 change in the policy of its administration. The work of reform 
 will be difficult enough with the whole power of the government 
 exerted in accomplishing it. 
 
 I have such faith in the benignant Providence which has 
 presided over the destiny of our country in every great trial 
 hitherto, that I do not despair of our ultimate deliverance. 
 Though I can no longer aspire to be one of the leaders in this 
 great work, I bid those upon whom this august mission may 
 
 fall; God speed ! 
 
 S. J. TILDEN. 
 
 Messrs. S. CORNING JUDD, Chairman, ) _ 
 
 TTT -r > Political Committee, Iroquois Club. 
 
 HENRY WALLER, Jr., Secretary, J 
 
LXVIII. 
 
 As the time approached for the choice of delegates to the 
 Democratic National Convention which was to select a candi 
 date for the Presidency in 1884, the will of the people mani 
 fested itself unmistakably in favor of the re-nomination of Mr. 
 Tilden. Notwithstanding his letter of 1880, notwithstanding 
 his impaired health, which exhibited no symptoms of improve 
 ment, and notwithstanding the repeated protestations of his 
 most intimate friends that he would not listen to any pro 
 posals which contemplated his return to official life, public 
 opinion refused to concentrate upon any other candidate. Most 
 of the States had gone so far as to instruct their delegates to 
 vote for his re-nomination, or to choose delegates favorable to 
 his re-nomination; and even in his own State of New York 
 other candidates could only get delegates favorable to them as 
 a second choice, nor then, except upon the condition that their 
 votes should be first given to Mr. Tilden if he would permit 
 himself to be nominated. 
 
 The inconvenience and confusion that might result from 
 permitting a convention to be elected under the delusive im 
 pression that he might finally yield to such a national manifes 
 tation as was certain to be made at Chicago, determined Mr. 
 Tilden to give his friends reasonable notice that he must not be 
 regarded as a possible candidate, and that they must look for 
 their leader among younger and stronger men. That notice 
 was given in the following letter, addressed to the Chairman of 
 the Democratic State Committee of New York. 
 
SECOND LETTER DECLINING A RE-NOMINATION TO 
 THE PRESIDENCY. 
 
 NEW YORK, June 10, 1884. 
 
 To Daniel Manning, Chairman of the Democratic State Committee 
 of New York. 
 
 SIR, In my letter of June 18, 1880, addressed to the 
 delegates from the State of New York to the Democratic 
 National Convention, I said : 
 
 " Having now borne faithfully my full share of labor and care 
 in the public service, and wearing the marks of its burdens, I 
 desire nothing so much as an honorable discharge. I wish to lay 
 down the honors and toils of even quasi party leadership, and to 
 seek the repose of private life. 
 
 " In renouncing re-nomination for the Presidency, I do so with 
 no doubt in my mind as to the vote of the State of New York or 
 of the United States, but because I believe that it is a renunciation 
 of re-election to the Presidency. 
 
 "To those who think my re-nomination and re-election indis 
 pensable to an effectual vindication of the right of the people to 
 elect their rulers, violated in. my person, I have accorded as long 
 a reserve of my decision as possible ; but I cannot overcome my 
 repugnance to enter into a new engagement which involves four 
 years of ceaseless toil, 
 
 " The dignity of the Presidential office is above a merely per 
 sonal ambition, but it creates in me no illusion. Its value is as 
 a great power for good to the country. I said four years ago, in 
 accepting nomination : Knowing as I do, therefore, from fresh 
 
524 THE WORKS OF SAMUEL J. TILDEN. [1884. 
 
 experience how great the difference is between gliding through 
 an official routine and working out a reform of systems and 
 policies, it is impossible for me to contemplate what needs to 
 be done in the Federal administration without an anxious sense 
 of the difficulties of the undertaking. If summoned by the 
 suffrages of my countrymen to attempt this work, I shall en 
 deavor, with God s help, to be the efficient instrument of their 
 will. 
 
 " Such a work of renovation, after many years of misrule, such 
 a reform of systems and policies, to which I would cheerfully have 
 sacrificed all that remained to me of health and life, is now, I fear, 
 beyond my strength." 
 
 My purpose to withdraw from further public service, and the 
 grounds of it, were at that time well known to you and to 
 others ; and when, at Cincinnati, though respecting my wishes 
 yourself, you communicated to me an appeal from many valued 
 friends to relinquish that purpose, I reiterated my determina 
 tion unconditionally. 
 
 In the four years which have since elapsed, nothing has 
 occurred to weaken, but everything to strengthen, the consid 
 erations which induced my withdrawal from public life. To 
 all who have addressed me on the subject, my intention has 
 been frankly communicated. Several of my most confidential 
 friends, under the sanction of their own names, have publicly 
 stated my determination to be irreversible. That I have occa 
 sion now to consider the question, is an event for which I have 
 no responsibility. The appeal made to me by the Democratic 
 masses, with apparent unanimity, to serve them once more, 
 is entitled to the most deferential consideration, and would 
 inspire a disposition to do anything desired of me, if it were 
 consistent with my judgment of duty. 
 
 I believe that there is no instrumentality in human society 
 so potential in its influence upon mankind for good or evil 
 as the governmental machinery for administering justice 
 and for making and executing laws. Not all the eleemosy 
 nary institutions of private benevolence to which philanthro 
 pists may devote their lives are so fruitful in benefits as 
 
1884.] DECLINES A RE-NOMINATION. 525 
 
 the rescue and preservation of this machinery from the per 
 versions that make it the instrument of conspiracy, fraud, 
 and crime against the most sacred rights and interests of the 
 people. 
 
 For fifty years, as a private citizen never contemplating an 
 official career, I have devoted at least as much thought and 
 effort to the duty of influencing aright the action of the gov 
 ernmental institutions of my country as to all other objects. 
 I have never accepted official service except for a brief period, 
 for a special purpose, and only when the occasion seemed to 
 require from me that sacrifice of private preferences to the 
 public welfare. 
 
 I undertook the State administration of New York because 
 it was supposed that in that way only could the executive 
 power be arrayed on the side of the reforms to which, as a 
 private citizen, I had given three years of my life. 
 
 I accepted the nomination for the Presidency in 1876 be 
 cause of the general conviction that my candidacy would best 
 present the issue of reform which the Democratic majority of 
 the people desired to have worked out in the Federal Govern 
 ment as it had been in the government of the State of New 
 York. I believed that I had strength enough then to renovate 
 the administration of the government of the United States, and 
 at the close of my term to hand over the great trust to a suc 
 cessor faithful to the same policy. 
 
 Though anxious to seek the repose of private life, I never 
 theless acted upon the idea that every power is a trust and 
 involves a duty. In reply to the address of the committee 
 communicating my nomination, I depicted the difficulties 
 of the undertaking, and likened my feelings in engaging 
 in it to those of a soldier entering battle ; but I did not 
 withhold the entire consecration of my powers to the public 
 service. 
 
 Twenty years of continuous mal-administration, under the 
 demoralizing influences of intestine war and of bad finance, 
 have infected the whole governmental system of the United 
 
526 THE WORKS OF SAMUEL J. TILDEN. [1884. 
 
 States with the cancerous growths of false constructions and 
 corrupt practices. Powerful classes have acquired pecuniary 
 interests in official abuses, and the moral standards of the 
 people have been impaired. To redress these evils is a work 
 of great difficulty and labor, and cannot be accomplished with 
 out the most energetic and efficient personal action on the part 
 of the Chief Executive of the Republic. 
 
 The canvass and administration which it is desired that I 
 should undertake would embrace a period of nearly five years. 
 Nor can I admit any illusion as to their burdens. Three 
 years of experience in the endeavor to reform the municipal 
 government of the city of New York, and two years of experi 
 ence in renovating the administration of the State of New 
 York, have made me familiar with the requirements of such 
 a work. 
 
 At the present time the considerations which induced my 
 action in 1880 have become imperative. I ought not to as 
 sume a task which I have not the physical strength to carry 
 through. To reform the administration of the Federal Gov 
 ernment, to realize my own ideal, and to fulfil the just ex 
 pectations of the people, would indeed warrant, as they could 
 alone compensate, the sacrifices which the undertaking would 
 involve. But in my condition of advancing years and de 
 clining strength I feel no assurance of my ability to accomplish 
 those objects. I am therefore constrained to say definitively 
 that I cannot now assume the labors of an administration or 
 of a canvass. 
 
 Undervaluing in no wise that best gift of Heaven, the oc 
 casion and the power sometimes bestowed upon a mere indi 
 vidual to communicate an impulse for good ; grateful beyond 
 all words to my fellow-countrymen who would assign such a 
 beneficent function to me, I am consoled by the reflection 
 that neither the Democratic party nor the Republic for whose 
 future that party is the best guaranty is now, or ever can be, 
 dependent upon any one man for their successful progress in 
 the path of a noble destiny. 
 
1884.] DECLINES A RE-NOMINATION. 527 
 
 Having given to their welfare whatever of health and 
 strength I possessed or could borrow from the future, and 
 having reached the term of my capacity for such labors as 
 their welfare now demands, I but submit to the will of God in 
 deeming my public career forever closed. 
 
 SAMUEL J. TILDEN. 
 
LXIX. 
 
 THE Democratic National Convention held at Chicago in the 
 month of July, 1884, which nominated Grover Cleveland and 
 Thomas A. Hendricks as candidates for the offices of President 
 and Vice-President, signalized its deliberations by inserting in 
 its platform the following tribute to Mr. Tilden : 
 
 " With profound regret we have been apprised by the venerable 
 statesman through whose person was struck that blow at the vital 
 principle of republics, acquiescence in the will of the majority, 
 that he cannot permit us again to place in his hands the leader 
 ship of the Democratic hosts, for the reason that the achievement 
 of reform in the administration of the Federal Government is 
 an undertaking now too heavy for his age and failing strength. 
 Kejoicing that his life has been prolonged until the general judg 
 ment of our fellow-countrymen is united in the wish that that 
 wrong were righted in his person, for the Democracy of the United 
 States we offer to him in his withdrawal from public cares, not 
 only our respectful sympathy and esteem, but also that best hom 
 age of freemen, the pledge of our devotion to the principles and 
 the cause now inseparable in the history of this Republic from the 
 labors and the name of Samuel J. Tilden." 
 
 The Convention also unanimously adopted the following 
 resolution : 
 
 " Resolved, That this Convention has read with profound regret 
 and intense admiration the statesmanlike and patriotic letter of 
 Samuel J. Tilden, expressing the overpowering and providential 
 necessity which constrains him to decline a nomination for the 
 highest office in the gift of the American people. 
 
 "Resolved, That though fraud, force, and violence deprived 
 Samuel J. Tilden and Thomas A. Hendricks of the offices conferred 
 upon them by the Democratic party of the nation in 1876, they yet 
 live, and ever will, first in the hearts of the Democracy of the 
 country. 
 
 " Resolved, That this Convention expresses a nation s regret that 
 
/PY^ 
 
 (To*o 
 
 1884.] TRIBUTE TO MR. TILDE N. CAUf 529 
 
 tMs same lofty patriotism and splendid executive and administra 
 tive ability which cleansed and purified the city and State govern 
 ments of the great Empire State cannot now be turned upon the 
 Augean stable of National fraud and corruption so long and suc 
 cessfully maintained by the Eepublican party at the National 
 Capitol. 
 
 " fiesolved, That copies of these resolutions be suitably engrossed, 
 and that the Chairman of the Convention appoint a committee 
 whose duty it shall be, in the name of the Convention, to forward 
 or present the same to the Honorable Samuel J. Tilden and the 
 Honorable Thomas A. Hendrieks." 
 
 The Chairman of the Convention designated the following 
 gentlemen as the committee to execute the instructions given 
 in the last of these Resolutions. 
 
 Alabama HON. E. W. PETTUS. 
 
 Arkansas HON. N. M. EOSE. 
 
 California HON. H. M. LARUE. 
 
 Colorado HON. J. B. GRANT. 
 
 Connecticut HON. T. M. WALLER. 
 
 Delaware HON. GEORGE GRAY. 
 
 Florida HON. C. P. COOPER. 
 
 Georgia HON. A. O. BACON. 
 
 Illinois GENERAL JOHN C. BLACK. 
 
 Indiana HON. DANIEL W. VOORHEES. 
 
 Iowa HON. L. G. KINNE. 
 
 Kansas HON. T. P. FENLON. 
 
 Kentucky HON. J. A. MCKENZIE. 
 
 Louisiana HON. B. F. JONAS. 
 
 Maine HON. PAYS ON TUCKER. 
 
 Maryland HON. J. L. CARROLL. 
 
 Massachusetts HON. J. G. ABBOTT. 
 
 Michigan HON. A. P. SWINEFORD. 
 
 Minnesota HON. M. DORAN. 
 
 Mississippi HON. R. H. HENRY. 
 
 Missouri HON. JOHN O DAY. 
 
 Nebraska HON. J. STERLING MORTON. 
 
 Nevada HON. D. E. MCCARTHY. 
 
 New Hampshire .... HON. A. W. SULLOWAY. 
 
 New Jersey HON. LEON ABBETT. 
 
 New York HON. L. B. FAULKNER. 
 
 North Carolina .... HON. A. B. GALLOWAY. 
 
 Ohio GENERAL DURBIN WARD. 
 
 VOL. ii. 34 
 
530 THE WORKS OF SAMUEL J. TILDEN. [1884. 
 
 Oregon HON. W. C. COOK. 
 
 Pennsylvania HON. WILLIAM. A. WALLACE. 
 
 Khode Island HON. J. B. BARNABY. 
 
 South Carolina .... GENERAL WADE HAMPTON. 
 
 Tennessee HON. THOMAS R HOUSE. 
 
 Texas HON. R. B. HUBBARD. 
 
 Vermont HON. B. B. SMALLEY. 
 
 Virginia HON. J. S. BARBOUR. 
 
 West Virginia HON. FRANK HEREFORD. 
 
 Wisconsin HON. JAMES W. LUSK. 
 
 Of whom Hon. R. H. Henry, of Mississippi, was designated 
 chairman. 
 
 On the 3d day of September following, the committee 
 assembled in New York city, and from thence were conveyed 
 to Graystone, Mr. Tilden s suburban residence near Yonkers, 
 in his yacht " Viking," which had been placed at the disposal 
 of the committee for the occasion. Mr. R. H. Henry, the chair 
 man of the committee, in presenting the Resolutions of the 
 Convention to Mr. Tilden, said : 
 
 "MR. TILDEN, We are before you as the representatives of the 
 National Democratic Convention to deliver into your hands a testi 
 monial of the esteem and admiration in which you are held by the 
 party you so gallantly led to victory in 1876. 
 
 " In all ages of the world a grateful people have, in some form, 
 signalized their appreciation of distinguished public service. This 
 has been done, not only as matter of gratitude, but that others, 
 called to trying places of public trust, may be nerved and encour 
 aged to the discharge of duty by example. 
 
 " The great party that laid the foundation for free government on 
 this continent a party you have loved and served so well but 
 follows a line of precedent as old as the ovation to David on his 
 return from the slaughter of the Philistines, when, in these Reso 
 lutions, it recognizes your exalted talents, courage, and fidelity to 
 principle. Had not you, sir, emphatically forbidden it, it would 
 have gone farther, and elected you a second time to the highest 
 office within the power of any people to give. 
 
 "The National Democratic Convention accepted your declination 
 and withdrawal from public life with reluctance, but knew the 
 influence of your example as a public officer would not be lost. 
 That example has influenced and will ever continue largely to 
 influence political parties in this country for good. They have 
 
1884.] TRIBUTE TO MR. TILDE N. 531 
 
 learned from it that with a chief executive officer of sagacity, firm 
 ness, and integrity, it is possible to secure what the people of the 
 United States have practically lost, an honest and cheap admin 
 istration of public affairs. But it will be no affront to you, sir, 
 when we add that, coupled with this purpose to do you honor, is 
 another and no less fixed determination of the Democratic party 
 to stigmatize now and in coming years all along its inarch and line 
 of battle the deliberate assault of the Eepublican party upon 
 constitutional liberty in the nullification of your election. 
 
 " It is undoubtedly the duty of all men to forgive individual 
 wrongs and to cover mere personal grievances with the mantle of 
 charity and oblivion ; but we know of no precept, sacred or pro 
 fane, which requires a people to forget or forgive an organization 
 that deliberately assaults the citadel of liberty in trampling under 
 foot the only peaceful method known to their Constitution and 
 laws through which a change of rulers and public policy can be 
 effected. 
 
 " It will not be out of place to recall at this time the fact that 
 zealous partisans counselled the exercise of force for the assertion 
 of your title ; but it was fortunate for the people that the voice 
 of your reason and the love of your country was then, as ever, 
 stronger than the clamor of passion or the blandishments of 
 power. You, sir, and the men with whom you counselled had the 
 magnanimity and patriotism to await the sober second thought of 
 the country to right the wrong, and, through the peaceful medium 
 of the ballot, resent the outrage. Standing, as we believe, on the 
 verge of that auspicious event, we venture to congratulate you 
 upon the wisdom of your course. 
 
 " It only remains for us to tender, with the complimentary resolu 
 tions of the great Convention, our individual respect and affection, 
 and to assure you we speak no merely formal words when we ex 
 press the wish that your valuable life may long be spared, and that 
 its evening may be spent in tranquillity and repose. " 
 
 To this address on behalf of the committee Mr. Tilden made 
 a brief acknowledgment, and later sent a formal reply. 
 
TRIBUTE TO MR. TILDEN. 
 
 REPLY OF MR. TILDEN TO THE ADDRESS MADE UPON THE PRESEN 
 TATION OF RESOLUTIONS PASSED BY THE CHICAGO CONVEN 
 TION OF 1884. 
 
 GRAYSTONE, Oct. 6, 1884. 
 
 MR. CHAIRMAN AND GENTLEMEN OF THE COMMITTEE, I 
 thank you for the kind terms in which you have communicated 
 the resolutions concerning me adopted by the late Democratic 
 National Convention. 
 
 I share your conviction that the reform in the administration 
 of the Federal Government, which is our great national want, 
 and is indeed essential to the restoration and preservation of 
 the government itself, can be achieved only through the agency 
 of the Democratic party, and by installing its representative in 
 the chief magistracy of the United States. 
 
 The noble historical traditions of the Democratic party ; the 
 principles in which it was educated, and to which it has ever 
 been in the main faithful ; its freedom from the corrupt influ 
 ences which grow up in the prolonged possession of power ; and 
 the nature of the elements which constitute it, all contribute 
 to qualify it for that mission. 
 
 The opposite characteristics and conditions, which attach to 
 the Republican party, make it hopeless to expect that that 
 party will be able to give better government than the debasing 
 system of abuses which, during its ascendency, has infected 
 official and political life in this country. 
 
 The Democratic party had its origin in the efforts of the 
 more advanced patriots of the Revolution to resist the per- 
 
1884.] TRIBUTE TO MR. TILDEN. 533 
 
 version of our government from the ideal contemplated by 
 the people. Among its conspicuous founders are Benjamin 
 Franklin and Thomas Jefferson, Samuel Adams and John 
 Hancock of Massachusetts, George Clinton and Robert R. 
 Livingston of New York, and George Wythe and James Mad 
 ison of Virginia. For sixty years, from the election of Mr. 
 Jefferson as President in 1800, the Democratic party mainly 
 directed our national policy. It extended the boundaries of 
 the Republic and laid the foundations of all our national 
 greatness, while it preserved the limitations imposed by the 
 Constitution and maintained a simple and pure system of 
 domestic administration. 
 
 On the other hand, the Republican party has always been 
 dominated by principles which favor legislation for the benefit 
 of particular classes at the expense of the body of the people. 
 It has become deeply tainted with the abuses which naturally 
 grow up during a long possession of unchecked power, espe 
 cially in a period of civil war and false finance. The patriotic 
 and virtuous elements in it are now unable to emancipate it 
 from the sway of selfish interests which subordinate public duty 
 to personal greed. The most hopeful of the best citizens it 
 contains despair of its amendment except through its temporary 
 expulsion from power. 
 
 It has been boastingly asserted by a modern Massachusetts 
 statesman, struggling to reconcile himself and his followers 
 to their Presidential candidate, that the Republican party con 
 tains a disproportionate share of the wealth, the culture, and 
 the intelligence of the country. The unprincipled Grafton, 
 when taunted by James the Second with his personal want of 
 conscience, answered : " That is true ; but I belong to a party 
 that has a great deal of conscience." 
 
 Such reasoners forget that the same claim has been made in 
 all ages and countries by the defenders of old wrongs against 
 new reforms. It was alleged by the Tories of the American 
 
534 THE WORKS OF SAMUEL J. TILDEN. [1884. 
 
 Revolution against the patriots of tha.t day. It was repeated 
 against Jefferson, and afterward against Jackson. It is alleged 
 by the Conservatives against those who, in England, are now 
 endeavoring to enlarge the popular suffrage. 
 
 All history shows that reforms in government must not be 
 expected from those who sit serenely on the social mountain- 
 tops, enjoying the benefits of the existing order of things. 
 Even the Divine Author of our religion found his followers, 
 not among the self-complacent Pharisees, but among lowly 
 minded fishermen. 
 
 The Republican party is largely made up of those who live 
 by their wits, and who aspire in politics to advantages over the 
 rest of mankind similar to those which their daily lives are 
 devoted to securing in private business. 
 
 The Democratic party consists largely of those who live by 
 the work of their hands, and whose political action is governed 
 by their sentiments or imagination. 
 
 It results that the Democratic party, more readily than the 
 Republican party, can be moulded to the support of reform 
 measures, which involve a sacrifice of selfish interests. 
 
 The indispensable necessity of our times is a change of ad 
 ministration in the great executive offices of the country. This, 
 in my judgment, can only be accomplished by the election of 
 the Democratic candidates for President and Vice-President. 
 
 SAMUEL J. TILDEN. 
 
 To R. H. HENRY, Chairman, B. B. SMALLEY, and others, of the Special Committee 
 of the Democratic National Convention. 
 
SUPPLEMENT. 
 
 THE FIRST GUN FOR FREE SOIL. 
 
 AT the threshold of the Free-soil revolt of 1848 Ex-Presi 
 dent Van Buren, who was spending the winter in lodgings 
 at Julian s Hotel in Washington Place, New York, said 
 one day to Mr. Tilden as he handed him a roll of manu 
 script : " If you wish to be immortal, take this home with 
 you, complete it, revise it, put it into proper shape, and give 
 it to the public." 
 
 Mr. Tilden replied that he had not the slightest wish to be 
 immortal by any process that would impose upon him at that 
 time any more labor ; but he consented to take the manuscript 
 down to the residence of the Ex-President s son, John Van 
 Buren, who then resided in White Street, and he agreed that 
 if John would do half of the work, he would do the other half. 
 John did agree ; and a few days after the interview referred to, 
 Tilden and John met at the Ex-President s lodgings to report. 
 
 Mr. Van Buren opened the subject by asking what they had 
 done with Niagara Falls. This referred to a somewhat ambi 
 tious metaphor which had found its way into the Ex-President s 
 manuscript. " We have struck that out," was the reply. He 
 laughed, as if rather relieved at having an unpleasant duty dis 
 charged by other hands, while they went on to read the result 
 of their joint labors. 
 
 After the Address had received the combined approval of each 
 party to its composition, the next question was, how to get it 
 before the public. After discussing various plans, they finally 
 decided to issue it as an Address of the Democratic Members 
 of the Legislature. Accordingly, on the 12th of April, Senator 
 John G. Floyd, from the Committee of Democratic Members of 
 
536 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 the Legislature to prepare and report an Address, read the 
 paper to his colleagues, by .whom it was unanimously adopted. 
 I give the paper entire, partly because it was a joint and several 
 production, and though not all from the pen of Mr. Tilden, all 
 its views were his by adoption ; partly because it throws new 
 light upon one of the most grave and critical epochs of Mr. 
 Tilden s political career ; partly because Mr. Tilden s contribu 
 tion to it would be imperfectly appreciated unless read with the 
 context ; partly because the document is very rare, and has been 
 forgotten by most of those who are old enough to remember 
 it when it appeared; and finally, because the history of its 
 origin, now first disclosed, adds not a little to its permanent 
 interest and importance. This Address deserves to be regarded 
 as the corner-stone of the "Free-soil" party, as distinguished 
 from the party of unconditional abolition. The name of the 
 author of each contribution to the joint Address is given at 
 the beginning of his contribution. 
 
ADDEESS OF THE DEMOCEATIC MEMBEES OF THE 
 LEGISLATUEE OF THE STATE OF NEW YOEK. 1 
 
 To the Democracy of the State of New York, 
 
 [JOHN VAN BUREN.] In pursuance of a time-honored and well- 
 approved custom, the Democratic members of the Legislature, be 
 fore their final adjournment, ask leave to address their Democratic 
 fellow- citizens throughout the State. The small minority in which 
 they find themselves in the councils of the State commend more 
 strongly than ever to their strict observance those usages of organi 
 zation which have so often in times past enabled the Democratic 
 party to rise with renewed energy and efficiency from temporary 
 defeat, and have carried it triumphantly through the most severe 
 conflicts. In accordance with the custom for many years uni 
 formly observed by those who have preceded them as representa 
 tives of the Democracy at the State capital, they assembled in 
 joint caucus on the 21st day of February last, and by a unanimous 
 vote passed the following resolutions : 
 
 u Resolved, That it be recommended to the Democratic electors of each 
 Assembly district in the State to appoint a delegate to a Democratic State 
 Convention for the purpose of nominating candidates for electors of Presi 
 dent and Vice-President, for Governor and Lieutenant-Governor, and for 
 such other State officers as are to be chosen by general ticket at the next 
 fall election. 
 
 " Resolved, That the State Convention be held at Utica on the 13th day 
 of September next, at 12 o clock, M." 
 
 They are confident that the Democracy of the State will see in 
 this simply an act which was expected at their hands, and which 
 it would have been a dereliction of duty in them to omit ; nor can 
 they doubt that the attachment of the party to its regular routine 
 
 l Adopted April 12, 1848. 
 
538 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 of nomination heretofore observed will rise above the winnings 
 of factious discontent, which may seek to raise a doubt as to the 
 regularity of the Convention. 
 
 The high character of the offices to be filled, and the importance 
 of a judicious selection of candidates in order to secure success, 
 will no doubt insure a full and faithful representation of the 
 Democracy ; and the warning of the past will doubtless prevent 
 the bestowal of confidence upon such as have heretofore sought it 
 only to betray. 
 
 Since we left our homes to enter upon our duties here, a dele 
 gated Convention of the Democracy of the State, convened in strict 
 accordance with the usages of the party by the Democratic mem 
 bers of the last Legislature, assembled at Utica on the 16th of 
 February, which, for the personal and political character of its 
 members, their ability, zeal, and patriotism, as well as in its official 
 proceedings, may well compare with any that ever assembled in 
 this State. Held at midwinter, there were nevertheless but three 
 counties in the whole State unrepresented ; and while the full 
 delegation which attended gives the best evidence of the confi 
 dence of the Democracy in its regularity, and its published 
 proceedings give the best evidence of its wisdom and political 
 soundness, we cannot refrain from adding an expression of our 
 entire conviction of the propriety of its inception and the excel 
 lence of its conclusions. 
 
 That assemblage appointed a delegation of thirty-six members 
 to attend the Convention to be held in May next at Baltimore for 
 the nomination of President and Vice-President of the United 
 States ; and whatever state of things may be there presented, they 
 will but illy reflect the spirit of the Convention which nominated 
 them, and the sentiment of their mass constituency, if they do not 
 unyieldingly claim to represent them without co-rival in that body, 
 and fully assert and firmly maintain, under any and all circum 
 stances, the principles, the rights, and the honor of the Democracy 
 of New York. While so much is required of them in the discharge 
 of their duty as delegates, their character affords an assurance that 
 their whole duty will be performed. 
 
 The present position of the Democratic party in this State 
 claims the serious consideration of all those who feel any attach 
 ment to its principles or concern for their perpetuity. 
 
 We entered into the political canvass of 1844 united in our 
 principles, under leaders whose lives commended them to our con 
 fidence. The result was the election of our candidates for the 
 offices of governor and lieutenant-governor, a large majority in 
 
1848.] THE FIRST GUN FOR FREE SOIL. 539 
 
 both branches of the Legislature, and a respectable majority of the 
 congressional delegation ; and if anything further were wanting to 
 show our proper organization and great efficiency, it was furnished 
 in the fact that we gave a majority of some six thousand for the 
 present National Executive. At the expiration of two years we 
 find our congressional delegation reduced to a meagre minority, 
 and a governor of the Federal party elected by a large majority ; 
 and a third year throws the whole legislative power, by an over 
 whelming majority, into the hands of our opponents. The same 
 party which gave the President the voice of this State could not 
 bring him within one hundred thousand votes of any respectable 
 opponent; and a portion of that party itself, discarding all its 
 usages and forms of action, have formed a separate and complete 
 organization, under the name of "Hunkers." This section, enjoy 
 ing the whole patronage of the Federal Government, and professing 
 to act under its advisement, are now assailing the men and the 
 principles of the party they have left, with a bitterness and reck 
 lessness unparalleled in the annals of party controversy. 
 
 That it has been deemed advisable by the Administration at 
 Washington to remodel the Democratic party in this State by 
 changing its direction without impairing its efficiency, is made 
 apparent by the neglect of those who enjoyed the confidence of 
 the Democracy, and by the bestowal of its patronage upon such 
 as had received few, if any, marks of popular favor; that the 
 attempt, however, has been eminently unsuccessful, the meagre list 
 of hirelings enlisted for this purpose most conclusively shows. 
 
 Unable to control the action of the Democratic party, they 
 have formally withdrawn from it, and for the time have perhaps 
 reduced it to a minority in the State. That this secession is to 
 be regretted, we cannot with truth admit, the seceders consisting 
 principally of those whose adherence to us has been simply a 
 matter of pecuniary interest, and whose departure has been oc 
 casioned by the same consideration. But whether desirable or 
 not, such is the fact ; and they hold in relation to the Democratic 
 party a position as antagonistic in organization and in principle 
 as the Federal party itself. That the Democratic party will rise 
 from this temporary minority by the excellence of its principles, 
 purified and strengthened by the departure of those who have so 
 long brought odium upon its doctrines, no man can doubt ; and 
 so wide-spread and all-pervading is this opinion among the masses 
 of the Democracy that we feel constrained sincerely to declare 
 that from the best information we have been able to obtain from 
 a free interchange of opinion with each other, and with such 
 
540 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 intelligent Democrats as have visited the capitol during the present 
 session of the Legislature, so far is the Democracy from desiring 
 a union with this new party, that every attempt to effect it would 
 be considered a corrupt arrangement among party leaders for their 
 own selfish purposes, and would be repudiated with a unanimity 
 and a contempt which could scarcely be exceeded by formally 
 uniting with the Federal party itself. 
 
 Before entering upon the main topic of this Address we desire 
 to refer briefly to two measures of reform which the triumph of 
 the Democratic party of the nation in 1844 has secured to the 
 people. A protracted struggle, between privilege on the one hand 
 and freedom on the other, resulted, in 1846, in the triumph of the 
 latter in the substitution of a revenue policy calculated to relieve the 
 burdens of labor from a system falsely denominated " protective," 
 whose operation has been to oppress labor and take from its mouth 
 the bread it had earned. The advance toward commercial free 
 dom made by the tariff law of 1846 was a great victory for liberal 
 principles, the consequences of which are seen everywhere in the 
 increasing prosperity of agricultural, commercial, and mechanical 
 industry. With her boundless resources and the extraordinary 
 facilities for traffic presented by her great natural and artificial 
 channels of trade, New York wants freedom, freedom from 
 restrictive taxation. Give her that, and she can protect herself. 
 It is sometimes suggested that the tariff law referred to cannot 
 produce revenue sufficient to meet the heavy engagements of the 
 Federal Government incident to a state of war. If this is true, it 
 does not follow that industry alone should be taxed to meet ex 
 traordinary expenditures, as it would be to a great extent by the 
 increase of duties on the commodities consumed by the productive 
 classes. In public affairs as in common life, the true course to 
 adopt when expenditure exceeds income, is retrenchment. Cut 
 down the expenditures ; abolish unnecessary offices and salaries ; 
 restore simplicity and economy to the administration of the gov 
 ernment. This is the remedy which experience has always shown 
 to be practicable and efficient. 
 
 When we remember that the present scale of duties on impor 
 tations is high compared with the tariff sanctioned by the Fathers 
 of the Republic, we cannot but express the hope that all agitation of 
 the public mind with a view to restore the exploded system of pro 
 tective taxation has forever ceased. The adoption of the Indepen 
 dent Treasury system by the Twenty-ninth Congress was another 
 important measure of safe progress in conformity with sound 
 principles of political economy. If adhered to in the spirit and 
 
1848.] . THE FIRST GUN FOR FREE SOIL. 541 
 
 purpose in which it was adopted, it will gradually, but certainly, 
 restore the currency of the Constitution, gold and silver, and 
 replace the present frail and explosive system of exclusive paper 
 currency with coin, or paper actually representing and redeemable 
 in coin. The fraudulent scheme of bank paper promising to do 
 the impossible, must have its day and must have its end. Its 
 exaction and oppressions of labor will one day become apparent; 
 and then, like all other devices to cheat and defraud mankind, 
 this, the greatest of them all, must yield to the demands of justice. 
 But its hour has not yet come. The failure of eleven safety-fund 
 and twenty-six free banks has not yet taught our legislators wisdom. 
 They wait for a sadder experience, and they will have it. 
 
 [MARTIN VAN BUREN.] We cannot but congratulate you that 
 the war which has for two years been waged between our country 
 and Mexico is likely to be brought to a speedy and honorable 
 termination. The conflict of nations in the field is at the very 
 best a calamity which every humane heart must deplore, and which 
 it is the duty of every government to avoid so long as it may be 
 avoided consistently with the interests and honor of the State ; 
 but no people can long submit to acts of aggression by another 
 without a forfeiture of that dignity and character which challenge 
 respect and which are the only title to equality and consideration 
 in the intercourse of nations. 
 
 All our varied relations with Mexico have been honorable to 
 our country. Our promptness to acknowledge her independence ; 
 our forbearance under wrongs inflicted upon our citizens; the 
 temper of our negotiations ; the triumphant advance of our armies 
 through many a hard-fought field to the gates of her capital, ever 
 bearing aloft the olive-branch amid the very smoke and din of 
 battle, demand the respect of the civilized world. 
 
 It is deeply to be regretted that attempts should have been 
 made to throw the various questions arising out of the initiation 
 and conduct of the Mexican war, into the arena of political strife. 
 However we may differ at home, every lover of his country must 
 desire that we should be known abroad as one and undivided; 
 that, being at war, the only question should be how it might best 
 be brought to an honorable conclusion. That, however, has not 
 been the case. Such circumstances in the progress of the war as 
 seemed available for party purposes have been eagerly seized 
 upon, and many, whose party zeal overbalanced their patriotism, 
 have not hesitated to embark in a systematic attempt to wound the 
 executive administration, even through the bleeding sides of their 
 own country. Especially is it to be regretted that an eminent 
 
542 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 statesman 1 of the Southwest should have stepped from that re 
 tirement which he has so long affected to desire, and which the 
 people have repeatedly expressed their willingness that he should 
 enjoy, to sound the rallying cry for the great and powerful party 
 of which he is the acknowledged head, to array themselves against 
 their own country, and in effect, if not in intent, to prolong the 
 contest and aggravate its horrors, by paralyzing the action of our 
 armies abroad and stimulating to renewed energy the armies of 
 the enemy. 
 
 The promptitude and heartiness with which this cry has been 
 echoed back from a thousand Federal presses to the Vatican of 
 Lexington from which the decree issued, the zeal with which 
 the " instructions " have been " bettered " by the resolutions 
 adopted by the Legislature of our own State, leave no room 
 to doubt that the Mexican war is to be one of the principal ele 
 ments in the next Presidential campaign. To suppose that the 
 issue thus tendered would be declined, would be to question the 
 patriotism of the Democracy of the country, would be saying 
 that Democrats at home were unwilling to sustain by argument 
 what Democrats abroad had accomplished by arms. 
 
 But while the existence of war demands a united support of 
 our country during its continuance, the return of peace may bring 
 with it questions whose importance demands a full discussion, and 
 the settlement of which may require the prudent counsels of our 
 wisest statesmen. 
 
 It appears to be conceded upon all hands that whenever peace 
 shall be made, one of its conditions is necessarily to be the ces 
 sion of territory by Mexico to the United States. Such territory, 
 whatever its extent may be, is now free from the pollution of 
 slavery; and the questions which will arise by its annexation 
 will be, whether the mere act of cession to the United States of 
 America, "by the grace of God free and independent," changes 
 it from a land of freedom to a land of slaves ; and if not, whether 
 such change should be made by any subsequent act of the National 
 Legislature. 
 
 The subject of excluding slavery from territories of the United 
 States where it does not now exist has for some time past engaged 
 the attention of the people of this country; and the present 
 Legislature has instructed the Senators and requested the Eepre- 
 sentatives of this State in Congress to procure, if possible, the 
 insertion of a provision securing this object in any act which may 
 be passed by Congress for the erection of a territorial government. 
 
 1 Henry Clay. 
 
1848.] THE FIRST GUN FOR FREE SOIL. 543 
 
 The position of the Eepublicans l of this State was correctly 
 defined at the recent Democratic Convention held at Utica, in 
 pursuance of established usage, to send thirty-six delegates to 
 represent this State in a National Convention for the nomination 
 of Democratic candidates for the offices of President and Vice- 
 President of the United States. 
 
 These positions were, First, that the principle of the ordinance 
 of 1787, by which the institution of slavery was excluded from all 
 the unsettled territories then owned by the United States, whether 
 derived from Slave or Free States, should be applied to Oregon 
 and such portions of Mexico as may be ceded to the United States 
 whenever, in pursuance of the invariable usage of the Federal 
 Government, territorial governments are established for them by 
 Congress ; and Second, that, sensible of the difficulty of main 
 taining the organization of the Republican party of the Union as 
 it has hitherto existed, if those who take different sides on this 
 exciting question should insist upon a declared conformity to their 
 respective opinions on the part of the candidates for the Presi 
 dency, the Democracy of New York had never made this a test 
 question, and felt called upon to apprise their Southern brethren 
 who persisted in doing so, what would be the inevitable effect of 
 such action. 
 
 In the justness and liberality of these positions it might well 
 have been believed true Democrats in all sections of the Union 
 could cordially concur ; and although the views of the Utica 
 Convention, expressed with marked moderation and a commend 
 able regard for the feelings of our Southern brethren, have not 
 received the publicity to which we supposed them entitled on every 
 principle of justice and fair dealing, they seem to have attracted 
 a considerable share of public attention and to have met with a 
 reception as unexpected to us as it was undeserved. 
 
 The Democrats of Alabama have since assembled in State Con 
 vention for the purpose of sending delegates to the same National 
 Convention. They have adopted resolutions summarily denying 
 the power of Congress or the people of the territory, either by 
 direct legislation or through the action of a territorial legislature, 
 
 I 1 " Republican " was the name by which the Democratic party was distinguished 
 from the Federal party during Jefferson s administration, and until some time after 
 the Federal was merged in the Whig party. For a time, indeed, the Democratic- 
 party bore the name of " Democratic Republican," the latter name being finally 
 dropped as superfluous. The Free-soil party, which was formed in 1848, after 
 ward, at the suggestion of Francis P. Blair, Sr., took the name of " Republican," 
 which it has borne ever since. ED.] 
 
544 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 to prohibit the introduction of slaves into territories now free, and 
 affirming that such prohibition can only be made by a State Con 
 stitution framed by the people of the territory preparatory to their 
 admission into the Union as a State. 
 
 In the mean time they insist that those who choose to do so 
 may rightfully settle the territory in question with a slave popu 
 lation. To enforce these positions they pledge themselves to the 
 country and to each other, under no political necessity whatever, 
 to support for the office of President or Vice-President any person 
 who shall not be openly and avowedly opposed to either of these 
 forms of excluding slavery from the territories of the United 
 States, which they denounce in their resolutions as being alike in 
 violation of the Constitution and of the just and equal rights of 
 the citizens of the Slave-holding States. They also instruct and 
 bind the delegates they select to the National Convention to vote 
 for no man for either of those places who will not unequivocally 
 avow himself to be so opposed. The same positions have since 
 been re-affirmed by the Democratic State Convention in Virginia, 
 assembled to select delegates to the National Convention ; and 
 the proscribing decree against all who will not come forward and 
 subscribe the creed sought to be enforced, is referred to with 
 apparent enthusiasm as "the noble resolution of Alabama." 
 
 And the Democracy of Florida, one of the youngest States in 
 the Union, in selecting their delegates to the National Convention, 
 have within a few days, in a manner at least as exceptionable, 
 assumed similar grounds, seeming to be determined that the 
 Democracy of New York should re-assert their principles, or for 
 ever hereafter be foreclosed by their silence. No reasons have been 
 offered by either Convention to sustain the positions thus assumed, 
 and the people of the North have thus not even been afforded, so 
 far as we have observed, the satisfaction of knowing the grounds 
 upon which this ostracism has been pronounced. Nay, even the 
 sensibility which we should expect to have found awakened by 
 the supposed necessity for so abrupt a severance of ancient and 
 honorable political ties seems not to have been aroused in the 
 least degree on the part of old political associates who have found 
 themselves forced to so harsh a termination of intercourse. 
 
 We shall leave them to judge, as they are abundantly able to 
 do, what is the appropriate course for them to pursue. Even 
 more, we are content that our Southern friends shall stand fully 
 justified if we are unable to show the fairness and constitution 
 ality of the course pursued or advocated by the Democrats of this 
 State in regard to the entire subject of slavery. Vitally important 
 
1848.] THE FIRST GUN FOR FREE SOIL. 545 
 
 as is the exclusion of slavery from territory now free, we do not 
 desire it to be effected through the exercise of any doubtful power 
 of the Constitution. 
 
 The founders of the Republic earnestly and actively desired 
 to restrict the spread of slavery. The Constitution of the 
 United States was the second great work of those eminent 
 statesmen and patriots. It aimed to give the fullest exten 
 sion of freedom to man that was consistent with the actual 
 and inevitable condition of their beloved country. While it was 
 framing, the Old Congress of the Confederation were in session 
 under their eyes, and engaged in the noble enterprise of excluding 
 slavery from all the territories which were then in the undisputed 
 possession of the United States. If, then, the framers of the Con 
 stitution, penetrated with the evils of slavery, anxious for its limi 
 tation, amelioration, and eventual abolition, having before them a 
 Congress saving from this evil all the territory which the United 
 States then owned, were so short-sighted or indifferent as not to 
 provide for carrying forward this good work in regard to future 
 acquisitions, let the humiliating confession be made to the world. 
 
 We invite to our shores the children of labor and the votaries 
 of liberty from every clime, by holding out to them the promise 
 of an equal participation in the blessings of free institutions ; we 
 receive accessions to our territory of entire States, and consent to 
 their admission into our glorious Union, under the impression that 
 the enlargement of our national boundary is but another term for 
 an extension of the area of freedom. If this be a delusion, as it 
 is if those acquisitions may be made the abode of slavery, good 
 faith demands that the delusion should be acknowledged. We 
 have acted upon the belief that the frarners of the Constitution 
 made ample provision for the adoption of every measure that 
 might become necessary to secure the true happiness of all the 
 people that should seek a shelter under the institutions to which 
 our glorious revolution gave birth. Amongst the first and greatest 
 of these is the securing to the white laborer a home and an honor 
 able station in all the free territories that the United States may 
 possess or acquire. To do this we believe it indispensable that 
 black slaves shall be excluded therefrom ; and we entertain no 
 doubt that this object can properly and constitutionally be effected 
 in the mode we have instructed our Senators and requested our 
 Representatives to pursue. We can well conceive that honest 
 men may have doubted the policy of seeking the accomplishment 
 of this object by attaching a proviso to a bill appropriating money 
 for the purchase of territory, or by its insertion in a treaty by 
 VOT,. IT. 35 
 
546 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 which such purchase was effected. They might suppose that in 
 either of these modes the great object of extending our territory 
 would be embarrassed, whilst the greater object of extending free 
 dom could be otherwise secured. We know, too, that a cover was 
 thus furnished to the false-hearted men of the North, who are 
 operated upon by Federal patronage and a factious desire to pros 
 trate the just influence of our State, under which, without directly 
 meeting the great question of freedom itself, they might shelter 
 themselves by the pretence that the one provision was an unneces 
 sary abstraction, because new territory might not be acquired, and 
 that the other was unattainable, because no treaty containing it 
 could secure a ratification. 
 
 We can therefore well appreciate the conciliatory disposition 
 which induced the Democrats assembled at Herkimer so far to 
 modify their position on this subject as simply to insist upon a 
 guaranty that territory of the United States then free should 
 remain so until its inhabitants formed a State constitution for 
 themselves, leaving to such inhabitants entire liberty at such 
 time to choose freedom or slavery. This compromise was indica 
 tive of the forbearance which has always eminently characterized 
 the -conduct of Democrats, who are ever tolerant of an honest 
 difference of opinion, and who never jeopard the noble ends they 
 pursue by any unnecessary sternness in regard to details not 
 essential to their success. 
 
 The question now meets us in a practical form. Oregon has 
 remained for years without a territorial government, and its 
 people petition Congress for this protection. New Mexico and 
 California are in the possession of the United States, never to be 
 surrendered, and the President calls upon Congress to organize 
 territorial governments over them. These vast regions are now 
 free from the evil of slavery ; and we, who propose to insert in 
 the acts for their government a provision securing to them this 
 exemption until they shall become States, are told, not that 
 it is too early, not that it is unnecessary, not that it is an 
 abstraction, not that we may lose them, not that we are embar 
 rassing the prosecution of a just war in which the Government is 
 engaged, but we are told that our project finds no warrant in 
 the Constitution, and that our advocacy of it has subjected us to 
 the pains and penalties of excommunication from the Democratic 
 family. 
 
 No resident of a Free State would, we think, venture to claim 
 that the establishment of slavery at this day in territories of 
 the United States where it does not now exist, would be either 
 
1848.] THE FIRST GUN FOR FREE SOIL 547 
 
 wise or expedient. Not even the allurements of the Presidency 
 could, we hope, induce an adhesion to a heresy so revolting. The 
 extent to which the public men of the North have been induced to 
 advance toward the South upon this question has been due to the 
 plausibility of a theory that the people of the territories them 
 selves have the right to elect whether slavery shall or shall not 
 exist amongst them before they are organized into States, but that 
 Congress has no power over the subject. Experience has shown 
 that under such a rule Slave States could, and probably would, be 
 created ; and those citizens who were willing thus to suffer this evil 
 to be extended, doubtless supposed that their views would be accept 
 able to the slaveholding population. But the reference we have 
 already made to the proceedings of Alabama, Virginia, and Florida 
 shows that even this theory has fallen under the same condemna 
 tion which has been pronounced upon every other that did not con 
 cede the absolute right of the slaveholder to settle with his slaves 
 upon free soil. The inventors and advocates of this theory, there 
 fore, though manifesting a condescension which would be com 
 mendable in a good cause, have not only failed to secure the favor 
 of our Southern brethren, but have been unable to protect them 
 selves any more than us from political ostracism. Slaveholders 
 claim a right independent of any action of Congress, or of the 
 people of the territories, to hold slaves in a free territory. They 
 oncede that the people of the territory, in forming a constitution 
 prior to their admission as a State, may prohibit slavery, but .deny 
 their power to do so otherwise. The reason for this refined dis 
 tinction as to the constitutional power of the same people, has not 
 been assigned ; and though the effect of the distinction in securing 
 the propagation of slavery and its permanent establishment is 
 obvious, the ground on which it rests cannot be discovered. That 
 the position must be maintained by those who wish to uphold the 
 institution of slavery, is apparent from the fact that human 
 slavery cannot be sustained upon any principle of natural justice 
 or national law ; and an admission that power over the subject is 
 not vested in those who form State constitutions would strike at 
 the root of the evil, and proclaim freedom to the slave through the 
 length and breadth of the land. 
 
 The assertion, then, of a want of Constitutional power in Con 
 gress to prohibit the original establishment of slavery in territories 
 now free, is the last intrenchment of the propagandists of slavery. 
 It is due to them and to ourselves to examine it with care. 
 
 If there were doubt on the face of the Constitution, the disposi 
 tion of its framers and their advisers upon the general subject 
 
548 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 would be entitled to great weight in ^ts construction. The truly 
 exalted sentiment expressed by the founders of the government 
 in regard to slavery, and their unremitted efforts to bring its exist 
 ence in the United States, as far as practicable, into harmony with 
 the spirit of the Ke volution, have been justly described in the 
 admirable Address of the recent Democratic State Convention. As 
 there was no practicable way to remove it altogether, they endeav 
 ored to accomplish their object by measures which secured the 
 amelioration of its condition, and the prevention of its increase 
 by importation and its spread into territories which it had not yet 
 reached. In these patriotic and philanthropic efforts, the truth of 
 history attests that the statesmen of the South were, as it was 
 obviously proper that they should be, the most efficient; and 
 among them those of Virginia were pre-eminently so. Nor is it 
 by any means a forced inference that the very extraordinary 
 political precedence which has ever since been awarded to the 
 statesmen of Virginia, not only by their contemporaries of the 
 South, but of the whole Union, is in no small degree to be at 
 tributed to their early, able, enlightened, and consistent advocacy 
 of this noble project. We might fill a volume with the exhibi 
 tions of these feelings on their part, but we have only space for 
 a few. 
 
 The Father of his Country, who was President of the Conven 
 tion, in a letter to Kobert Morris, says : 
 
 "I can only say there is not a man living who wishes more sincerely 
 than T do to see a plan adopted for the abolition of it [slavery]. But there 
 is only one proper and effectual mode by which it can be accomplished, 
 and that is by the legislative authority ; and this, so far as my suffrage 
 will go, shall not be wanting." 
 
 Mr. Jefferson, although not a member of the Convention, 
 exerted at the time an influence over public opinion scarcely 
 second to that of Washington, and like that statesman, though a 
 planter and a slaveholder, never forgot that he was a philanthropist 
 and patriot. In his original draft of the Declaration of Independ 
 ence, when denouncing the King of Great Britain for the encour 
 agement he had given the slave-trade, Mr. Jefferson, among other 
 equally severe invectives, charges him with having " waged a cruel 
 war against human nature itself, violating its most sacred rights of 
 life and liberty in the persons of a distant people who never offended 
 him." " This piratical warfare," he said, " the opprobrium of in 
 fidel Powers, is the warfare of the Christian King of Great Britain, 
 determined to keep up a market where men should be bought and 
 
1848.] THE FIRST GUN FOR FREE SOIL. 549 
 
 sold ; he has prostituted his negative for suppressing any legisla 
 tive attempt to restrain this execrable traffic." 
 Patrick Henry said : 
 
 "I believe a time will come when an opportunity will be offered to 
 abolish this lamentable evil. Everything we can do is to improve it if it 
 happens in our day ; if not, let us transmit to our descendants, together 
 with our slaves, a pity for their unhappy lot and our abhorrence of slavery." 
 
 Mr. Madison, speaking in one of the numbers of the " Federalist " 
 of the restriction upon the power of Congress, says : 
 
 " It were doubtless to be wished that the power to prohibit the impor 
 tation of slaves had not been postponed until 1808, or rather that it had 
 been suffered to have immediate operation. But it is not difficult to 
 account either for the restriction on the General Government, or for the 
 manner in which the whole clause was expressed. It ought, however, to 
 be considered a great point gained in favor of humanity that a period of 
 twenty years may terminate forever within these States a traffic which has 
 so long and so loudly upbraided the barbarism of modern policy ; that 
 within that period it will receive a considerable discouragement from the 
 Federal Government." 
 
 Mr. Monroe said : 
 
 " We have found that this evil has preyed upon the very vitals of the 
 Union, and has been prejudicial to all the States in which it has existed." 
 
 George Mason, speaking of the slave-trade, said in the Virginia 
 Convention : 
 
 " Under the Royal Government this evil was looked upon as a great 
 oppression, and many attempts were made to prevent it ; but the interests 
 of the African merchants prevented its prohibition. No sooner did the 
 Revolution take place than it was thought of. It was one of the great 
 causes of our separation from Great Britain. Its exclusion has been a 
 principal object of this State, and most of the States of the Union. . . . 
 As much as I value the Union of the States, I would not admit the Southern 
 States into this Union unless they agreed to the discontinuance of this 
 disgraceful trade, because it would bring weakness, and not strength, into 
 the Union." 
 
 It was under the prevalence of such feeling at the South, and 
 with but one sentiment on the part of the Northern members as 
 well in Congress as the Convention, with the venerable Franklin 
 at the head, that the exclusion of slaves, in the language of Mr. 
 Jefferson s particular friend and confidant, George Mason, was 
 immediately "thought of at the close of the Revolution." The 
 cession of their unsettled lands to the Federal Government by 
 
550 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 the States was soon in progress, and the exclusion of slaves from 
 them the first action that was sought for in regard to them. The 
 cession by Virginia of the Northwestern Territory, out of which 
 the States of Ohio, Michigan, Indiana, Illinois, and Wisconsin 
 have since been formed, was no sooner made than Mr. Jefferson, 
 in connection with Messrs. Chase and Ho well, introduced into 
 the old Congress of the Confederation his celebrated resolution 
 applicable to the States to be formed out of said territory in these 
 words : 
 
 "Resolved, That after the year 1800 of the Christian era there shall be 
 neither slavery nor involuntary servitude in any of the said States, other 
 wise than in punishment of crime, whereof the party shall have been duly 
 convicted to have been personally guilty." 
 
 The initiative thus taken, the matter went forward until the pas 
 sage of the ordinance of July, 1787, by which the introduction of 
 slavery was forever excluded from all the territories then in the 
 undisputed possession of the United States, by far the greater part 
 of which had been ceded by a Slave State. The Convention to 
 form a Federal Constitution had commenced its sitting in May 
 preceding, and was then in session at the same place. Seeing what 
 Congress had enacted in respect to the territories then owned by 
 the United States, the Convention promptly forwarded the good 
 work by giving its direct sanction to a prohibition of the introduc 
 tion of slaves into the States of the Confederacy from abroad after 
 a day named. Nor was this all that it did in furtherance of the 
 great object which Congress and the people had in view in regard 
 to the institution of slavery. The articles of Confederation did 
 not contain authority for the progressive admission of new States 
 into the Union, and its authority over territories was at best im 
 perfect. It was consequently questioned whether a ratification of 
 the ordinance of 1787 by Congress, under the new Constitution, 
 was not necessary to its validity. Such ratification it received at 
 its first session. This circumstance served also to remind the 
 Convention of the necessity of remedying the defect in the articles 
 of the Confederation by authorizing an indefinite admission of 
 new States, and giving to Congress general power to legislate for 
 the territories out of which they might be formed. The first was 
 accomplished by providing that " new States may be admitted by 
 the Congress into the Union," and the second by declaring in the 
 next clause in the section that " the Congress shall have power to 
 dispose of and make all needful rules and regulations respecting 
 the territories or other property of the United States." 
 
.1848.] THE FIRST GUN FOR FREE SOIL. 551 
 
 This authority, it will be recollected, is given to Congress. Had 
 it been intrusted to the executive or judicial department of the 
 government, questions might have arisen as to the manner of its 
 exercise. But Congress is vested with the legislative power of 
 the government only. It acts by the passage of laws. Authority 
 to it to prescribe " rules and regulations " respecting the territo 
 ries, therefore, if there could be a doubt in any case of the signifi 
 cation of the terms, is necessarily a power to legislate for them ; 
 and the character of the legislation intended is distinctly pointed 
 out by the use of terms always employed to describe laws touch 
 ing particular and private interests, in their minutest details, as 
 well as comprehending government itself. Never was the power 
 of language in the hands of those who are masters of the art more 
 strikingly displayed than by the framers of the Constitution. 
 Mr. Madison and Mr. Morris are well understood to have contrib 
 uted their full share to the triumph of the Convention in this 
 regard. The terms "rules and regulations, 7 used in regard to 
 territories, were employed in the distribution and investment of 
 legislative power when the power to be conferred was intended 
 to be general and paramount. Power was given to Congress to 
 regulate commerce with foreign nations ; to make rules concern 
 ing captures, etc. ; to make rules for the government and regulation 
 of the land and naval forces ; to alter State regulations in respect 
 to the time, place, and manner of holding elections ; to coin money 
 and regulate the value thereof. They were forbidden to give pref 
 erence, by any regulation of commerce, to the ports of one State 
 over another, and the appellate jurisdiction of the Supreme Court 
 in certain cases was made subject to such regulation as Congress 
 should make. It is not necessary to say that the intention was, 
 and that the uniform practice under the Constitution has been, to 
 carry out all these powers by the legislation of Congress. So, in 
 like manner, Congress were to have power to dispose of, and make 
 all necessary rules and regulations respecting, the territory or other 
 property belonging to the United States. To give the widest 
 scope to the legislative power of Congress over the territories, 
 both terms are used ; namely, " rules " and " regulations." In respect 
 to the seat of government, forts, magazines, arsenals, etc., the power 
 of exclusive legislation was given in terms, because it was neces 
 sary to divest and exclude an existing power of State legislation. 
 No such necessity existed in regard to the territories, and hence 
 the use of the general terms employed in other parts of the Con 
 stitution to confer legislative power. Those used in regard to 
 territorial legislation were not only the most general, extending 
 
552 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 to everything that was needful and respected the territory, but, as 
 appears on the face of the Constitution itself, the term " regula 
 tions " was used by the Convention as synonymous with " laws " 
 and for the purpose of describing laws in regard to slavery. In 
 the section immediately preceding it is declared that " no person, 
 held to service or labor in one State, under the laws thereof, escap 
 ing into another, shall, in consequence of any law or regulation 
 therein, be discharged," etc., thus directly referring to the laws 
 of the State against slavery, under the description of State 
 regulations. 
 
 In addition to the plain sense of the Convention, in the use of 
 the terms "rules" and "regulations" apparent upon the face of 
 the Constitution, its history and the whole current of proceeding 
 under it may be referred to as establishing the same position. 
 Mr. Madison, as will be seen by a reference to the thirty-eighth 
 number of the "Federalist," was among those who doubted the 
 power of Congress, under the Articles of Confederation, to legis 
 late for the territories as was done by the ordinance of 1787, and 
 in No. 43 will be found his full recognition of the fact that all 
 necessary power to this end had been vested in Congress by the 
 Constitution. The Journals of the Convention show the agency 
 he had in securing that object. On the 18th of August, 1787, he 
 submitted, in order to be referred to the Committee of Detail, the 
 following powers as proper to be added, with others, to those of 
 the General Legislature, namely : 
 
 " First, to dispose of the unappropriated lands of the United States. 
 " Second, to institute temporary governments for new States arising 
 therein." 
 
 And they were referred accordingly. 
 
 The Committee of Detail, in their Keport, made provision for 
 the admission of new States, but not for the disposition of the 
 public lands or the establishment of territorial governments. In 
 the subsequent proceedings of the Convention on their Keport, 
 Mr. Morris moved that "the Legislature shall have power to 
 dispose of and make all needful rules and regulations respecting 
 the territory or other property belonging to the United States," - 
 a motion which was agreed to. .The whole subject was then re 
 ferred to a committee of style and revision, of which Mr. Morris 
 and Mr. Madison were members ; and the article as it stands in the 
 Constitution was reported by that committee and finally adopted. 
 Mr. Morris showed his own understanding of the term "regulation" 
 by applying it only two days before to the clause of the Constitu- 
 
1848.] THE FIRST GUN FOR FREE SOIL. 553 
 
 tion prohibiting the States from laying imposts, etc. A very brief 
 reference to the proceedings of Congress at the time, and for years 
 afterwards, will show that those who took part in the Convention, 
 as also their contemporaries, invariably spoke of the power con 
 ferred by these terms as that of legislation, and what is still 
 stronger of legislation upon the subject of slavery. In the 
 cession from North Carolina to the United States, the term is 
 thus used in the Act of Cession, from which the following is an 
 extract : 
 
 " Fourthly, that the territory so ceded shall be laid out and formed into 
 a State or States containing a suitable extent of territory, the inhabitants 
 of which shall enjoy all the privileges, benefits, and advantages set forth in 
 the ordinance of the late Congress for the government of the western ter 
 ritory of the United States ; that is to say, whenever the Congress of 
 the United States shall cause to be officially transmitted to the executive 
 authority of this State an authenticated copy of the Act to be passed by 
 the Congress of the United States accepting the cession of territory made 
 by virtue of this Act, under the express conditions hereby specified, the said 
 Congress shall at the same time assume the government of the said ceded 
 territory, which they shall execute in a manner similar to that which they 
 support in the territory west of the Ohio, shall protect the inhabitants 
 against enemies, and shall never bar or deprive them of any privileges 
 which the people in the territory west of the Ohio enjoy. Provided al 
 ways that no regulation made or to be made by Congress shall tend to 
 emancipate slaves." 
 
 Luther Martin, in his celebrated Report to the Legislature of 
 Maryland of the proceedings of the Convention, which is so fre 
 quently referred to for explanation of its intentions, speaks of the 
 enactments made and demanded upon the subject of slavery, and 
 describes them as "regulations." 
 
 In July, 1790, petitions upon the subject of slavery and the 
 slave trade were presented to Congress by the Quakers of Phila 
 delphia and New York, and by Dr. Franklin, who was himself a 
 prominent member of the Convention and president of a Pennsyl 
 vania society for the promotion of abolition. In the debate which 
 took place in regard to their reference, the opposers and supporters 
 of it thus referred to legislative provisions on the subject. 
 
 Mr. Stone, of North Carolina, said he had not approved of the 
 interference of Congress in this business. He thought that persons 
 who were not interested ought not to interfere. Such interfer 
 ences savored very strongly of an intolerant spirit, and he could 
 not suppose that any one of the States had a right to interfere in 
 the internal regulations of another. States were not accountable 
 to each other for their moral conduct. 
 
554 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 Mr. Smith, of South Carolina, said he applied these principles 
 to the case in question, and asked whether the Constitution had in 
 express terms vested the Congress with the powers of manumis 
 sion, or whether it restrained the States from exercising that 
 power, or whether there was any authority given to the Union 
 with which the exercise of this right by any State would be incon 
 sistent ? If these questions were answered in the negative, it 
 followed that Congress had not an exclusive right to the power of 
 manumission. Had it a concurrent right with the States ? No 
 gentleman would assert it, because the absurdity was obvious. 
 For a State regulation might differ from a Federal regulation, and 
 one or the other must give way. As the laws of the United States 
 were paramount to those of individual States, the Federal regula 
 tions would abrogate those of the States ; consequently the Stages 
 would be divested of a power which it was evident they never had 
 yielded, and might exercise whenever they thought proper. 
 
 Roger Sherman desired the reference " because [referring to the 
 State laws] several States had already made some regulations 
 upon the subject ; " and in the Eeport made upon the petitions a 
 Report which, being made exclusively by Northern men, and hav 
 ing received the deliberate sanction of the House, for a long time 
 relieved all apprehension in the Slave States in regard to inter 
 ference there occurs this language, 
 
 " Secondly, that Congress have no power to interfere in the emancipa 
 tion of slaves, or in the treatment of them within any of the States; it 
 remaining with the several States alone to provide any regulation therein 
 which humanity and true policy might require. 
 
 " Thirdly, that Congress have authority to restrain the citizens of the 
 United States from carrying on the slave-trade for the purpose of supply 
 ing foreigners with slaves, and of providing, by proper regulations, for 
 the humane treatment during their passage of slaves imported by the said 
 citizens into the States admitting such importation." 
 
 But the proceedings upon these petitions are of far greater im 
 portance, as affording us a solemn, full, and explicit declaration of 
 Mr. Madison, who had first introduced the subject of legislation 
 for the territories into the Convention, and was a prominent mem 
 ber of the committee which reported the clause of the Constitution 
 upon which the present question has at this late day been raised. 
 The reference of the petition was opposed upon the ground that 
 as Congress were prohibited from interfering with the slave-trade 
 before 1808, they could do nothing in the matter. The subject 
 occupied the attention of Congress for several days. Mr. Madison 
 from the first advised a silent acquiescence in the reference. Oil 
 
1848.] THE FIRST GUN FOR FREE SOIL. 555 
 
 the second day he felt himself obliged to come out and be more 
 explicit ; and in reply to the allegation that Congress could do 
 nothing in the matter, he said he admitted that Congress was re 
 stricted from taking measures to abolish the slave-trade, yet there 
 were a variety of ways by which they could countenance the abo 
 lition of it, and thus might make some regulations respecting the 
 introduction of slaves into the new States to be formed out of the 
 western territories, different from what they could in the old 
 settled States. He thought the subject worthy of consideration. 
 Another reporter gives Mr. Madison s remarks thus : 
 
 " He (Mr. Madison) adverted to the western country and to the cession 
 of Georgia, in which Congress have certainly power to regulate the sub 
 ject of slavery, which shows that gentlemen are mistaken in supposing 
 that Congress cannot constitutionally interfere in the business in any 
 degree whatever. He was in favor of committing the petitions, and justi 
 fied the measure by repeated precedents in the proceedings of the House." 
 
 This was the deliberate opinion of Mr. Madison, pronounced in 
 the hearing of several of his associates in the committee from the 
 Slaveholding States, at the second session of Congress after the 
 adoption of the Constitution. It would be a waste of time to 
 enlarge upon the weight which is pre-eminently due to the opinion 
 of such a man, and more particularly upon such a question. In 
 Virginia certainly it would be superfluous, as long, at least, as 
 his celebrated Report upon the Alien and Sedition Acts constitutes 
 their text-book on constitutional questions. 
 
 The views of the framers of the Constitution thus cited are con 
 firmed by a reference to the expositions of approved commentators 
 on the Constitution. 
 
 Rawle on the Constitution, p. 237, says : 
 
 "In these [Admiralty Jurisdiction Cases] the subjects are limited; but 
 a general jurisdiction appertains to the United States over ceded territories 
 or districts." 
 
 Story on the Constitution, pp. 195, 198 : 
 
 " No one has ever doubted the authority of Congress to erect territorial 
 governments within the territories of the United States under the general 
 language of the clause to make all needful rules and regulations. Indeed 
 with the .ordinance of 1787 in the very view of the framers, as well as of 
 the people of the States, it is impossible to doubt that such a power was 
 deemed indispensable to the purposes of the cessions made by the States. 
 
 u The power of Congress over the public territory is clearly exclusive and 
 universal, and their legislation is subject to no control, but is absolute and 
 unlimited, unless so far as it is affected by stipulations in cessions, or by 
 the ordinance of 1787, under which every part of it has been settled." 
 
556 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 Not only, therefore, was this power of legislation given to Con 
 gress by the framers of the Constitution deliberately, designedly, 
 and explicitly, not only has its existence been distinctly avowed 
 by the most distinguished among the fathers of the Constitution, 
 Mr. Madison, and set forth as clear and indisputable by our most 
 able writers upon public law, but its validity has also been 
 solemnly confirmed by the decisions of our own Court of Last 
 Eesort and by the Supreme Court of the United States. The 
 language of our State Court of Errors in the case of Williams vs. 
 The Bank of Michigan (7 Wendell K. 554) is, 
 
 " All power possessed by the Government of Michigan was derived from 
 the act of Congress. Territories have no reserved power, as in the case of 
 fetates admitted into the Union; the authority of Congress is supreme and 
 unlimited, unless made otherwise by the cessions of lands composing those 
 territories." 
 
 In the case of McCullock vs. The State of Maryland, decided in 
 1819 (4 Wheaton 422), Chief Justice Marshall, who delivered the 
 opinion of the Court, commenting on the authority of Congress to 
 make laws for executing granted powers, refers in illustration to 
 "the universal acquiescence in the construction which has been 
 uniformly put on the third section of the fourth article of the 
 Constitution," and says : " The power to make all needful rules 
 and regulations respecting the territory or other property belong 
 ing to the United States is not more comprehensive than the 
 power to make all laws which shall be necessary and proper for 
 carrying into execution the powers of government; yet all admit 
 the constitutionality of a territorial government." 
 
 In the case of The American Insurance Company vs. Canter, 
 decided in 1828 (1 Peters, 542), Chief Justice Marshall, who deliv 
 ered the opinion of the Court, commenting on the sixth article of 
 the treaty ceding Florida to the United States, and declaring that 
 its inhabitants are to be " admitted to the enjoyment of the privi 
 leges, rights, and immunities of the citizens of the United States," 
 says : " It is unnecessary to inquire whether this is not their con 
 dition, independent of stipulation. They do not, however, partici 
 pate in political power ; they do not share in the government till 
 Florida shall become a State. In the mean time Florida continues 
 to be a territory of the United States, governed by virtue of that 
 clause in the Constitution which empowers Congress to make all 
 needful rules and regulations respecting the territory or other 
 property belonging to the United States." 
 
 In the case of the United States vs. Gratiot (14 Peters, 637), 
 
1848.] THE FIRST GUN FOR FREE SOIL. 557 
 
 Judge Thompson, who delivered the opinion of the Court, com 
 menting on the power given to Congress by the fourth article, 
 third section, of the Constitution of the United States, says, "This 
 power is vested in Congress without limitation, and has been con 
 sidered the foundation upon which the territorial government 
 rests." In the case of McCullock vs. the State of Maryland, the 
 Chief Justice, in giving the opinion of the Court, speaking of this 
 article and the power of Congress growing out of it. applies it to 
 territorial government, and says, "All admit their constitution 
 ality." And again, speaking of the cession of Florida (in the case 
 of the American Insurance Company vs. Canter) under the treaty 
 with Spain, he says that " Florida, until she shall become a State, 
 continues to be a territory of the United States, governed by that 
 clause in the Constitution which empowers Congress to make all 
 needful rules and regulations respecting the territory or other 
 property of the United States." 
 
 These views have been carried out in the acts of the Federal 
 Government from its commencement to the present day, without 
 dispute or exception. 
 
 In 1798 an Act was passed authorizing the President (Adams) 
 to establish a territorial government for the Mississippi Territory 
 in all respects similar to that established for the Northwestern 
 Territory in 1787, except the clause against slavery. To show the 
 extent of the power of legislation over territories exercised by 
 Congress without dispute, it will not be amiss to allude to some 
 of the provisions of the ordinance of 1787 which were here made 
 law in Mississippi. It regulated, first, descents ; second, rights 
 of dower ; third, devises ; fourth, conveyances ; fifth, religious free 
 dom ; sixth, the right of habeas corpus and trial by jury, etc. It 
 was under an Act of Congress prescribing the rights and duties 
 of parties in these respects that the Mississippi Territory was 
 settled and continued until its admission as a State. But this was 
 not all. It contained a clause prohibiting the introduction of 
 slaves from abroad under severe penalties, and besides declaring 
 the slave so introduced to be free. This was, it will be perceived, 
 ten years before Congress had a right to pass a similar law appli 
 cable to the States. 
 
 In the year 1800 a territorial government was established for 
 the Territory (now State) of Indiana, and the provisions of the 
 ordinance of 1787, including that against slavery, was applied to 
 it. In 1804 a territorial government was established for the Ter 
 ritory of Orleans, a portion of Louisiana, with legislative provis 
 ions having the strongest bearing upon this question. The power 
 
558 THE WORKS OF SAMUEL J. TILDE N. [1848. 
 
 of the territorial legislature was to extend to all the rightful sub 
 jects of legislation. The law respecting fugitives from justice 
 and persons escaping from their masters ; the law prohibiting the 
 carrying on the slave-trade from the ports of the State to any for 
 eign place ; the Act to prevent the importation of certain persons 
 into certain States wherein, by the laws thereof, their introduc 
 tion is prohibited, were made applicable to the territory ; and a 
 special clause was inserted in the Act not only prohibiting any 
 person from bringing slaves into the territory from abroad, but 
 extending so far as to prohibit any person from bringing slaves 
 into the territory from any port or place in the United States 
 which had been imported into said State or place since 1798, under 
 severe penalties. It contains also the following provision : " And 
 no slave or slaves shall, directly or indirectly, be introduced into 
 said territory except by citizens of the United States removing 
 into such territory for actual settlement and being at the time of 
 such removal the bona-fide owner of such slave or slaves," under 
 heavy penalties. This Bill was passed upon great consideration, 
 and was supported by the Southern members with almost entire 
 unanimity. The yeas and nays were taken in both Houses on its 
 final passage. In the Senate there were but three votes against 
 it, and but one of them was given by a Southern man. In the 
 House of Representatives, but twenty-one, and not to exceed half 
 a dozen of these were from the Slave States. 
 
 In 1805 a territorial government was established by Congress 
 for Michigan, and in 1809 for Illinois ; and the provisions of the 
 ordinance of 1787 for the government of the Northwestern Terri 
 tory were applied to them, with other provisions, showing an un 
 restricted right of legislation claimed and exercised over them by 
 Congress. A like government was established by Congress for 
 Missouri, and it was declared by the Act organizing it that the 
 territorial legislature should have power to make all laws in all 
 cases, civil and criminal, for the good government of the territory, 
 not repugnant to or inconsistent with the Constitution and laws of 
 the United States. 
 
 In 1819 a like government was established for Arkansas, with 
 similar powers. In 1817 a like government was established for 
 the territory of Alabama, and the laws then enforced in Missis 
 sippi including an express prohibition against the introduction 
 of slaves into the territory from abroad were applied to the 
 territory of Alabama by Act of Congress. 
 
 In 1822 a like government was established for Florida, and 
 legislative power, extending to all "the rightful subjects of legis- 
 
1848] THE FIRST GUN FOR FREE SOIL. 559 
 
 lation," granted to it by Act of Congress, with a prohibition 
 against the bringing of slaves into the territory from abroad. 
 
 In 1836 a like government was established for Wisconsin ; and 
 by the Act of Congress directing its organization it is enacted 
 that the "legislative power of the territory shall extend to all 
 rightful subjects of legislation/ 3 but laws interfering with certain 
 enumerated interests of the United States to be null and of no 
 effect. The ordinance of 1787, as well in regard to the rights and 
 privileges it conferred as to its restrictions, including that against 
 slavery, are expressly applied to the territory. To this a new 
 feature in regard to the legislation of Congress for the territories 
 is added, by a clause extending all the laws of the United States 
 to the territory so far as the same, or any provision thereof, may 
 be applicable. 
 
 In 1838 the Territory of Iowa was organized upon principles in 
 all respects similar. 
 
 May we not safely challenge an examination of our public ar 
 chives for a more solemn recognition of any one principle than is 
 here exhibited of that we contend for ? What is it ? First, a se 
 ries of Acts of Congress, embracing the principle, passed at short 
 intervals during the last fifty years and approved by Presidents 
 Washington, Adams, Jefferson, Madison, Monroe, Jackson, and 
 Van Buren, Acts to which it would have been their sworn duty to 
 object if they had doubted their constitutionality. Second, Acts of 
 a character not less solemn than that of organizing the government, 
 prescribing the rights and duties, personal and political, regulating 
 the estates, their descent and the manner of disposing of them, of 
 the inhabitants of eleven territories, nine of which have actually 
 become States and members of the confederacy, and the remaining 
 two are virtually such. Third, Acts, in six of which, including the 
 provision for Ohio, the existence of slavery in the territories was 
 prohibited expressly and forever, and in all of which, with one 
 exception, express enactments were made, equally asserting the 
 constitutional power in Congress of legislative control over slavery 
 in the territories. Yet, strange to say, notwithstanding this array 
 of authority derived from the clear language of the Constitution, 
 its harmony with similar provisions in respect to which there has 
 never been any dispute, and with the known dispositions of its 
 frarners on the subject of slavery, the confirmation which the con 
 struction we give to it has derived from contemporaneous exposi 
 tions, the opinions of our writers upon public law, and the solemn 
 decisions of our highest judicial tribunals, all sustained by an exer 
 cise of the power which, in point either of solemnity of the Acts, 
 
560 THE WORKS OF SAMUEL J. T1LDEN. [1848. 
 
 general acquiescence, or long duration, is without a parallel in our 
 history, the existence of this power is now denied. Nay, more, 
 that denial is made by our Southern associates in politics a basis 
 of a proscription of their political brethren at the North as 
 despotic as it is unjust. 
 
 The Federal Constitution is truly a sacred instrument ; by far 
 the most important state paper that exists in the world. Its 
 authors were not only men possessed of rare capacities, but were 
 also pre-eminently patriotic. Coming victorious out of the noblest 
 conflict that ever occupied the hearts and arms of men, the Con 
 stitution, the second great work of their hands, received the im 
 press of that magnanimous and fraternal spirit by which they had 
 been actuated at every stage of the fiery ordeal through which 
 they had been obliged to pass. The rights and interests and 
 duties of all persons subject to their control were severely scru 
 tinized, and to the utmost practical extent provided for with 
 wisdom and justice. So well was the great task before them per 
 formed that the experience of more than half a century has 
 discovered but little to be added to its provisions. The prolific 
 source of unparalleled prosperity and happiness to our own coun 
 try, it has stood proudly forth as the day-star of liberty to all the 
 world ; obscured for a season by selfish influences, its rays have 
 slowly but gradually penetrated the recesses of arbitrary power. 
 What American heart did not expand with pride and gratitude 
 when a prayer for institutions like those of the United States was 
 the first voice that was heard in regenerated France at the close of 
 that brief but fierce contest, in which the tyrannical institutions 
 of ages were in the twinkling of an eye swept into the " receptacle 
 of things lost on earth." 
 
 A Constitution which has become a subject of such mighty im 
 port, and the overthrow of which would fill the friends of human 
 rights throughout the world with dismay and despair, cannot be 
 too vigilantly guarded by those who have the happiness to enjoy 
 its benefits. This revered instrument, the earliest, the ripest and 
 best fruit of our glorious struggle for independence and freedom, 
 contains already as many stipulations in support of slavery as our 
 political fabric can sustain. Viewed in regard to the political and 
 local interests of the members of the confederacy, it is too clear to 
 admit of doubt that those which were the principal seats of sla 
 very, and in which it was most likely to continue, were not from 
 that fact losers, but gainers, in the settlements of the Constitution. 
 They have had an excess of members in the House of Representa 
 tives over the same number of electors in the Free States more 
 
1848.] THE FIRST GUN FOR FREE SOIL. 561 
 
 than sufficient to control the legislation of the government in most 
 of the controverted questions of national policy which have ex 
 isted since the establishment of the Constitution. The equivalent 
 for this great advantage in the taxation, according to the same 
 ratio, has not only proved insufficient, but has in practice wholly 
 failed. No reflecting man can for a moment believe that if the 
 terms of the Union were now to be readjusted on principles of 
 abstract justice, this provision of the Constitution would stand the 
 slightest chance of adoption. But those who secured our liberties 
 and formed our Constitution made this stipulation also, and we, 
 their descendants, will be the last to depart from it or to complain 
 of its existence. Knowing the condition of our Southern brethren 
 in regard to this institution as perfectly at the commencement of 
 the Eevolutiori as at its close, feeling that the creation of it by 
 the mother country against the remonstrances of the colonists was 
 one of the grounds of the Revolution itself, and appreciating the 
 difficulties and delay which must inevitably attend the removal of 
 the evil, the framers of the Constitution made every necessary 
 provision to protect the States in which it existed in the exercise 
 of the fullest discretion over the subject within their own boun 
 daries. We respect the memories of those illustrious men for the 
 sense of justice, the magnanimity and good faith which prompted 
 this conduct. Our reverence for their acts and admiration for 
 their characters would not be so great if, after achieving by the 
 common toils and sacrifices the independence of the common coun 
 try, those who were happily exempt from this fatal fruit of British 
 policy had denied to their less fortunate associates protection 
 against dangerous and harassing interferences from abroad, and 
 had not referred the selection of the time and the method of 
 removing the evil to those whose welfare is so deeply involved 
 in the question. 
 
 We are aware that in the present improved state of the opinion 
 of the civilized world on the subject of human slavery, this senti 
 ment will be exposed to severe criticism. But those who dissent 
 from it will do gross injustice to the great and good men who 
 made those provisions, and to us who feel it to be our duty to 
 abide by the stipulations which those provisions contain, if they 
 assume that our patriotic forefathers were, or that we are, in favor 
 of slavery, still less of propagating it in lands which are now 
 free. Notwithstanding the framers of the Constitution assented 
 to such provisions, dictated by imperious necessity, their aversion 
 to slavery was of the deepest character, and was most strongly 
 manifested by the representatives from the Slaveholding States. 
 VOL. ii. 36 
 
562 THE WORKS OF SAMUEL J. TILDE N. [1848. 
 
 The delicacy as well as the extent of this feeling is illustrated 
 by the circumstance that, looking with characteristic foresight to 
 the distant future, believing that the same Providence which had 
 carried them through the perils of the revolutionary struggle 
 would in its own good time, and by methods and agencies which 
 they could not discern, relieve their beloved country from the evils 
 of slavery, and determined that when that happy period should 
 arrive, the Constitution, which they fondly hoped would be per 
 petual, should contain no trace of an institution so inconsistent 
 with the great principles of human liberty and natural right on 
 which it was founded, they would nowhere, even in the provi 
 sions relating to the subject, suffer the words "slave" or "slavery," 
 or any terms recognizing the idea of property in human beings, to 
 appear on the face of the Constitution. And we, who are enjoying 
 the inestimable benefits of their sacrifices and their success, had 
 only to choose between the alternatives of adhering to or violating 
 the pledges and compromises which they made virtually in their 
 hour of peril and conflict, and ratified in the moment of their com 
 mon triumph. We chose the former alternative, and have most 
 faithfully discharged the obligations of our position. For many 
 years have the fearless and honest-hearted Democracy of the North 
 exposed themselves to political embarrassment and injury by their 
 efforts to secure to their brethren of the South, of all parties, the 
 enjoyment of the rights guaranteed by the Constitution. Nor have 
 the people of the North generally been wanting in their duty, even 
 according to the most generous construction of it, in this respect. 
 When the agitation in this country which followed the emanci 
 pation in some of the islands of the West Indies was supposed to 
 tend to violent means or fanatical measures, the sympathy and 
 support of the whole North, without distinction of party, were 
 manifested by expressions of public sentiment which for their 
 explicitness, unanimity, and enthusiasm are almost without a par 
 allel, and which were certainly effectual to reassure the South 
 of the entire fidelity of the mass of the Northern people to the 
 guaranties of the Constitution. In these efforts to brighten the 
 fraternal chain which binds the Union together there were two 
 instances in which the Democratic party were carried farther than 
 their local opponents, and quite as far as many of their firmest 
 and best members could approve. The spirit of the Revolution, 
 the Bill of Rights, and the Constitution had invested no subjects 
 with more of reverence and respect than the right of petition and 
 the liberty of the press. Not ignorant of the advantage which 
 they would thus give to their adversaries at home, but confiding 
 
1848.] THE FIRST GUN FOR FREE SOIL. 563 
 
 in the representations of danger to the peace and safety of the 
 South from the sources complained of, they did not hesitate to 
 sustain a rule of the House of ^Representatives as to the disposal 
 of abolition petitions and a bill in regard to the transmission of 
 inflammatory publications through the mail, which were stigma 
 tized with much plausibility and popular effect as inconsistent 
 with those great and cherished rights. On a careful revision of 
 the past, we are satisfied, and we believe that the judgment of im 
 partial posterity will decide, that if the Democracy of the North 
 have erred at all, it has never been in not going sufficiently far to 
 sustain their fellow-citizens of the South. 
 
 [SAMUEL J. TILDEX.] It is under these circumstances, and 
 with such claims upon the forbearance and the justice, not to 
 say the gratitude, of the South, that we are called upon to assume 
 the extraordinary and untenable position which we have discussed. 
 We are called upon to deny the constitutional power of Congress 
 to prevent or prohibit slavery in any territory which is or may 
 come within the jurisdiction of the Federal Government ; to deny 
 equally the constitutional power of the people of such territory, 
 while in a territorial condition, to prohibit slavery; and to assert 
 the constitutional right of any individual to go into any such 
 territory and hold slaves there as effectually as he can do in any 
 State where slavery is expressly authorized by law. Farther, 
 as we have already shown, the doctrine could not be carried 
 without destroying the foundation of slavery itself, even in the 
 States. This doctrine has been deliberately adopted and promul 
 gated by the Democratic Conventions of Virginia, Alabama, and 
 Florida, and in many other forms by our Southern brethren ; and 
 the Democracy of the North are called upon also to adopt it 
 and make it a part of their political creed and an element of 
 their issue with their political opponents in their own localities. 
 We are called upon to repudiate as unconstitutional the power of 
 Congress over the territories which has been exercised from the 
 very foundation of the government and under all administrations. 
 We are called upon to deny all power in Congress, which has the 
 government of the territories, and in the people of the territories 
 to prohibit slavery, but to affirm the power of any one individual to 
 establish it within the territories. No man is compelled to hold 
 slaves even where slavery is expressly authorized by law ; and if 
 any man, who chooses to do so, can hold slaves in territories, 
 slavery is just as much established there as in the States where 
 it is upheld by positive enactments. 
 
 The doctrine is, therefore, when plainly stated, that wherever 
 
564 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 the flag of the Union goes, it carries slavery with it ; it overturns 
 the local institutions, no matter how strongly intrenched in the 
 legislation, the habits and affections of the people, if freedom be 
 their fortunate condition, and establishes in its place slavery ; it 
 repeals the local laws, if they guarantee personal freedom to all, 
 and authorizes slavery. This doctrine we are required to adopt 
 and advocate. Nowhere found in the Constitution, repugnant to 
 its spirit, and abhorrent as we have shown it to be to the prin 
 ciples and convictions of the illustrious men who framed it, we 
 are called upon to interpolate this new theory upon the Constitu 
 tion as a sort of mystical common law not expressed, not implied 
 in any particular part, but to be inferred from the general nature 
 of that instrument. We are called upon to do so by our ancient 
 friends and allies, with whom we have been long associated in the 
 ties of political brotherhood, and for whom we have often made 
 great efforts and sacrifices, and perilled our political existence at 
 home. We are called upon to do so under the menace of political 
 disfranchisement and degradation if we refuse at once to believe, 
 or profess to believe, this new and startling doctrine. We are told 
 that no one who does not make such professions shall be allowed, 
 as far as the political action and support of our old friends and 
 associates can control the result, to receive the highest honors of 
 the Eepublic ; that our ancient and intimate association shall exist 
 only for the purpose of allowing us to vote for candidates for the 
 Presidency and Vice-Presidency who hold their opinions and repu 
 diate ours on this great question ; but that it shall not exist for 
 the purpose of allowing us to nominate or vote for or elect a Presi 
 dent or Vice-President who shares with us our convictions, no mat 
 ter if a majority of the party agree with us ; and that our Southern 
 associates will, under no political necessity whatever, support any 
 man who entertains the opinions which have, with unexampled 
 unanimity, been expressed by the conventions and legislative assem 
 blies of nearly all the Northern States. 
 
 [MARTIN VAN BUREN.] The Democracy of New York are 
 wholly unwilling to believe that the unkind, ungenerous, and 
 unfraternal proceedings which it has been our painful duty to 
 expose, emanated from the Democratic masses of the South. The 
 high opinion we have ever cherished of their liberality and justice, 
 as well as the hallowed recollection of a long-continued, useful, and 
 honorable political association, forbid it. Were it otherwise, we 
 should be obliged now to regard that connection as forever dis 
 solved, however painful might be this indispensable act of self- 
 respect. We prefer to believe that the extraordinary pretence we 
 
1848.] THE FIRST GUN FOR FREE SOIL. 565 
 
 have discussed is rather an excrescence which has sprung from the 
 struggles of party leaders at the South for local ascendency, and 
 through its influence, for the control of Federal politics. It is well 
 known that a schism arose in the Democratic ranks at the South 
 toward the close of Mr. Madison s administration, was continued 
 through that of Mr. Monroe, and still exists in almost every South 
 ern State. Nor can it have been forgotten to what extent one of 
 the sections which that schism produced sought to influence the 
 North by holding up to them the tempting lures of a Bank of the 
 United States, internal improvements by the General Government 
 upon a gigantic scale, and may we not add? a protective tariff, 
 and every other scheme which a latitudinarian construction of the 
 Constitution would allow, and which might tempt the cupidity of 
 a thriving commercial population. This attempt did not succeed. 
 A large portion of the Republicans of the South adhered to the 
 doctrines, in these respects, of Jefferson, as illustrated and enforced 
 by Nathaniel Macon, Spencer Eoane, and their compatriots. Vast 
 majorities of the Northern Democrats made the cause advocated 
 by these great and good men their own ; and that contest was 
 terminated by General Jackson s throwing the weight of his over 
 shadowing popularity into the same scales. Soon thereafter a new 
 spirit appeared to have come over the dreams of many of our 
 Southern friends. They disavowed, with vehemence, the latitudi 
 narian doctrines to which they were supposed to have been attached, 
 and claimed to be regarded as among the strictest of the disciples 
 of the State-right school of politics. 
 
 Slavery and its immunities, its privileges, its sanctities, and its 
 blessings, soon became the theme of their discourses ; and to that 
 era may be traced the origin of those doctrines which have since 
 followed each other in such rapid and astounding succession. From 
 that evil hour, also, those whom we regarded as the old-school 
 Democrats of the South appear to have entered in a race with 
 their local opponents as to which should outstrip the other in de 
 fending and propagating slavery. Out of this ill-starred rivalry 
 have sprung the extraordinary doctrines which we have brought 
 to the test of truth and justice. We do not intend to pass upon 
 the relative merits or demerits of the parties. It is well known 
 that the feelings of the New York Democracy have been long and 
 earnestly enlisted in behalf of one of the sections to which we 
 have referred. It is due to candor to say that the present posi 
 tion of things has unavoidably lessened this preference, as well as 
 diminished their power with the masses here to secure impartial 
 justice to both. We ask them to believe that the principle of 
 
566 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 extending slavery to territories now free from it can never be made 
 acceptable to the freemen of the North, and assure them ; in the 
 most absolute confidence, that the few persons at the North who 
 for sinister objects strive to make it so, will soon, very soon, be 
 buried under a load of public obloquy in a grave from which there 
 will be no resurrection. 
 
 The views which we have taken of the condition of the public 
 mind at the South and of the origin of the imperious demands 
 made upon us render it improper that we should reply to these 
 demands in the language which their nature would seem to jus 
 tify ; and having shown how totally they are without warrant in 
 the Constitution, we proceed to consider dispassionately the re 
 maining grounds which have induced our old associates to put 
 forth in the face of the country such extraordinary and unprece 
 dented pretensions. 
 
 One of those grounds is, if we understand it aright, that inas 
 much as many of them are by habit and necessity slaveholders, 
 it will be an inconvenience and injury for them to settle in the 
 new territories without their slaves, and that the exclusion of 
 slavery from those territories is therefore unjust to them. The 
 other ground is that such an exclusion would be a reproach upon 
 their present condition within their own States, and would be 
 destructive of the equality to which they are entitled under the 
 Constitution. And the principles of these objections are alike 
 applicable to Oregon and to the territories which we have acquired 
 or may acquire from Mexico. 
 
 Sensitive as our Southern brethren are known to be to every 
 thing which affects their honor, can it be possible that they have 
 so long habitually, and without objection, acquiesced in a course 
 of legislation which can be justly regarded as a personal indignity 
 to them as individuals or as a class ? For sixty years past, Con 
 gress has applied the restriction against slavery to territories of 
 the United States by solemn Acts in which the Southern repre 
 sentatives were not only participants, but often leaders ; it has 
 done so without opposition or complaint, and in the case of terri 
 tories which had not only been acquired by the joint expenditure 
 of the blood and treasure of all the members of the confederacy, 
 but which had been ceded to the United States by Virginia, and in 
 which slavery legally existed. Under the Confederation, in 1787, 
 it applied that restriction to the whole northwestern territory. 
 In 1800 it did so in regard to the territory of Indiana. In 
 1805 it did so in regard to that of Michigan. In 1809 it did so 
 in regard to that of Illinois. In 1836 it did so in regard to 
 
1848.] THE FIRST GUN FOR FREE SOIL. 567 
 
 that of Wisconsin. In 1838 it did so in regard to that of Iowa. 
 Can it be believed that these repeated solemn Acts could have 
 been passed with such unanimity and have been received with 
 such general satisfaction if an exclusion of slavery in the terri 
 tories by Act of Congress is in its nature, and necessarily, a 
 reproach upon the character, domestic condition, equal rights, 
 or constitutional immunities of the citizens of the Slaveholding 
 States ? And by whom have the very territories subject to these 
 restrictions been settled? The tide of emigration has moved 
 steadily to them from the Slaveholding States-. Thousands and 
 tens of thousands have sold their slaves and gone to these abodes 
 of free labor. Many such, and more, of their descendants have 
 represented and now represent the States formed from these terri 
 tories in the Congress of the Union. Let any of these emigrants 
 from the South be asked whether the idea of individual or sec 
 tional degradation of themselves or their fathers in consequence 
 of the prohibition of slavery in the new home which they chose, 
 ever occurred to them ? Let them be asked also whether they 
 regret having been compelled to exchange slave for free labor? 
 We venture to say that with one accord they will answer both 
 questions in the negative. The idea is one of modern suggestion, 
 and sprang from the scheming brain of the politician, rather than 
 from the unsophisticated hearts of the freemen of the West or 
 South. 
 
 It being then very evident that there is no reasonable ground 
 for offended pride on the part of our Southern brethren in the 
 adoption of the measure under consideration, the true condition 
 in other respects of the slaveholder in regard to it may be briefly 
 stated. If he desires to remove to a new region, he may select 
 that portion of the unsettled lands which have been recently at 
 tached to the United States, and which will for a long succession 
 of years afford ample room, a good soil, and a congenial climate 
 for the employment of slave labor ; or he may dispose of his slaves 
 and go to the territories which are exempt from slavery, employ 
 free labor, and enjoy every privilege and all the consideration 
 which is possessed by any othei? citizen. 
 
 In regard to the question whether the necessity he would be 
 under of making the exchange from slave to free labor would be 
 injurious to him, he is fortunately not without the authority of 
 ample experience. The present condition of thousands of those 
 who were once the owners of slaves, but are now the inhabitants of 
 the Free States of the West and the employers of free labor, will 
 afford a true and conclusive answer. If there be still any disad- 
 
568 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 vantage which will result to him from the measure we advocate, 
 let it be fairly stated and impartially weighed against the grave 
 considerations which exist in favor of its adoption. 
 
 The immense Territory of Oregon, and that virtually acquired 
 from Mexico, are now presented to Congress and the people in the 
 same aspect, as respects this question, as was the great North 
 western Territory to the Congress and people of 1787. That 
 territory was then a wilderness; it now contains the States of 
 Ohio, Indiana, Illinois, Michigan, and Wisconsin, which are all 
 Free States, and contain a population of between four and five 
 millions. 
 
 They are large enough, both in geographical extent and in popu 
 lation, to constitute a great republic and to maintain themselves 
 against the world. The momentous question whether they should 
 be Free or Slave States was settled by the ordinance of 1787 and 
 its subsequent enforcement by Congress under the Constitution. 
 There can be no doubt that the great men who formed and favored 
 the provision against slavery in that celebrated instrument fore 
 saw their rapid growth and future greatness. Georgia and North 
 Carolina made the condition in their cessions of their vacant terri 
 tories that Congress should not impose on them the clause of the 
 ordinance of 1787 which prohibits slavery ; and Tennessee, Missis 
 sippi, and Alabama, which were formed out of the territories 
 ceded by them, subject to this condition, are Slave States. Vir 
 ginia not only did not exact such a condition, but cheerfully sup 
 ported that ordinance with the prohibition in it ; and the States 
 which have been formed out of the territory which was ceded by 
 her and became subject to the prohibition are, and will forever 
 remain, Free States. The difference between their conditions in 
 this respect cannot be imputed in any considerable degree to a 
 difference of climate, but must be ascribed to the legislation 
 under which they were during the period when they were settled 
 and the character of their institutions formed. 
 
 Kentucky, one quarter of the whole population of which are 
 slaves, and Ohio, which is an example of the most successful de 
 velopment of free labor, adjoin each other. The one is a Slave, 
 and the other is a Free State, because of the different laws to 
 which, while territories, they were subjected. They illustrate the 
 controlling influence of legislation in shaping, in this respect, the 
 character of communities, and they illustrate also the infinite 
 superiority of free labor in advancing the prosperity of a State. 
 
 The settlement of the extensive domains of Oregon and Califor 
 nia is now to be begun in earnest, and they will, within the lives 
 
HIDE 
 
 1848.] THE FIRST GUN FOR FREE SOIL. 569 
 
 of many persons already in existence, be as numerously, perhaps 
 as thickly, peopled as is now what was once the Northwestern 
 Territory. The President has recommended that provision be 
 made for their temporary government while they remain terri 
 tories ; the duty of Congress and the necessities of the inhabitants 
 of these territories require that such provision be made. Upon 
 the character of that provision in relation to slavery it will, in 
 all human probability, depend whether the States which are to 
 spring up in this vast and fertile region shall be Free or Slave 
 States. The question has thus arisen in a practical form. It can 
 no longer be evaded or postponed. It is upon us. We must 
 decide it. Shall these vast communities be the creations of free 
 or slave labor ? 
 
 They cannot be both. If experience has conclusively estab 
 lished any one fact in political or natural history, it is that free 
 and slave labor, in the enlarged sense in which they must here be 
 regarded, cannot flourish under the same laws. Where labor is 
 to a considerable extent committed to slaves, to labor becomes 
 a badge of inferiority. The wealthy capitalists who own slaves 
 disdain manual labor, and the whites who are compelled to submit 
 to it are regarded as having fallen below their natural condition 
 in society. They cannot act on terms of equality with the masters 
 for those social objects which in a community of equals educate, 
 improve, and refine all its members. In a word, society, as it is 
 known in communities of freemen, with its schools and its various 
 forms of voluntary association for common benefit and mutual 
 improvement, can be scarcely said to exist for them or their 
 families. The free laborers are unwilling to work side by side 
 with negro slaves ; they are unwilling to share the evils of a con 
 dition so degraded and the deprivation of the society of their own 
 class, and they emigrate with great reluctance, and in very small 
 numbers, to communities in which labor is mainly performed 
 by slaves. No candid and intelligent Southerner will seriously 
 controvert these facts; they have been demonstrated in the ex 
 perience of the old States. With the exception of a few, and 
 comparatively a very few, the white laborers, or, in other words, 
 the poor of those States where slavery is more extensively preva 
 lent, are objects of commiseration and charity to the wealthy 
 planter, and of contempt and scorn to the slaves. 
 
 The existence of slavery in our vast unsettled domains to a 
 sufficient extent to give tone to society will operate by the strong 
 est motives which can or ought to affect the human mind to ex- 
 elude free laborers from emigrating to those regions. The planter 
 
570 THE WORKS OF SAMUEL J. TILDE N. [1848. 
 
 who complains that he is excluded if he cannot hold slaves there, 
 is, at most, subjected to but an injury to his property, even if such 
 injury result at all. The free laborer, on the other hand, if slavery 
 be allowed, suffers not merely an inconsiderable pecuniary injury, 
 but a sacrifice of all the cherished objects of social and political 
 life, the degradation of himself and of his wife and children, for 
 whose sake, perhaps, he has encountered the trials and perils of 
 emigration to an unsettled country; he incurs evils infinitely 
 greater than those which excited our heroic ancestors to armed 
 resistance. If then it be conceded that the introduction of slavery 
 operates to exclude the free laborer, it must be admitted that the 
 penalty by which the exclusion is enforced is infinitely more 
 severe against the laborer in the one case than against the planter 
 in the other. It ought to be borne in mind, also, that the exclu 
 sion operates upon a vastly greater number in the case of the free 
 laborers than in that of the planters. It may be safely estimated 
 that the annual increase of the Free States alone is not less than 
 four hundred thousand. The emigration from Germany, Ireland, 
 and other parts of Europe during the last year was above two 
 hundred thousand. The resort to our shores of those who seek 
 in our happy institutions and fertile soils a refuge from oppres 
 sion and starvation at home has but begun ; and the emigration 
 from the over-populated countries of Europe to our vacant terri 
 tories is probably destined, in increased facilities of communica 
 tion, to outstrip any anticipation, and to form a great feature of 
 our present age. But without looking forward beyond the present, 
 the increase of the population of the Free States by birth and by 
 immigration during the year past cannot be less than six hundred 
 thousand. To that vast number might properly be added the 
 increase of the white population of the Southern States who do 
 not hold slaves. But omitting them, how do the numbers of the 
 probable emigration to our territories of the planters and free 
 laborers compare ? The whole number of those who hold slaves 
 has been estimated not to exceed three hundred thousand. From 
 these facts it may be safely inferred that the number of free 
 laborers who will annually desire to improve their fortunes by 
 removal to the territories will be greater than the whole number 
 of slaveholders in the United States. 
 
 Whether these free laborers shall be excluded from our unoccu 
 pied regions, or at least from large portions of them, will, as it did 
 in relation to the adjacent States of Ohio and Kentucky, depend 
 mainly upon the provision which Congress shall make in regard 
 to slavery in organizing the governments of these territories. Let 
 
1848.] THE FIRST GUN FOR FREE SOIL. 571 
 
 no one be deluded by supposing that slavery has not the capacity 
 to occupy these territories to a sufficient extent to inflict upon 
 their inhabitants the blight which attends free labor wherever 
 that institution exists. Experience has shown the contrary. 
 Moreover, the slaveholders who may monopolize its soil and hold 
 as property the men who till that soil will not of necessity come 
 only from the present Slaveholding States. They are unfortu 
 nately by no means the only persons who may be found willing to 
 enjoy the supposed luxuries of the system, if countenanced by the 
 law of the land. Let capital be invited to such investments by 
 the policy of the Government, and it will come from other States, 
 and perhaps from foreign countries, and the institution of slavery 
 will not fail for the want of abetters. It is against the hundreds 
 of thousands of our own descendants, who must earn their bread 
 by the sweat of their brows, and hundreds of thousands of chil 
 dren of toil from other countries, who would annually seek a new 
 home and a refuge from want and oppression in the vacant terri 
 tories, that this unjust exclusion is sought to be enforced under 
 the penalty of social and political degradation. Can it be that 
 those statesmen who have shown such alacrity to turn their backs 
 upon this great and growing interest can have considered its char 
 acter and magnitude ? Can it be that they have been mindful of 
 the peculiar duty which our Government owes to the laboring 
 masses, to protect whom in their rights to political and social 
 equality, and in the secure enjoyment of the fruits of their indus 
 try, is at once its object and its pride ? 
 
 From the first institution of government to the present time, 
 there has been a struggle going on between capital and labor for a 
 fair distribution of the profits resulting from their joint capacities. 
 In the early stages of society the advantage was altogether on the 
 side of capital ; but as education and intelligence are diffused, the 
 tendency is stronger toward that just equality which all wise and 
 good men desire to see established. And although capital, provid 
 ing and controlling every species of machinery, has heretofore in 
 the main directed that of government also, the true relation of 
 the elements of production are beginning to be understood. Men s 
 minds have everywhere turned, and will continue to be turned, to 
 the contemplation of the value of labor j and an enlightened sense 
 of justice is inclining them to seek out the means of securing to 
 him who labors a consideration in society and a reward in the dis 
 tribution of the proceeds of industry more adequate than his class 
 have heretofore received. The truth that the wealth and power 
 of a country consist in its labor, and that he who contributes 
 
572 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 most to its industry is the most useful among its benefactors, 
 has become familiar. Nowhere is this truth more evident, or 
 should it be more respected; nowhere should the rights of the 
 toiling masses be more distinctly appreciated and more amply 
 protected than in our comparatively new but already great coun 
 try. The increasing power of correct opinion on this subject is 
 illustrated by recent events in France. That great nation, which 
 a few years ago achieved a revolution, the whole fruits of which 
 were a change of the title of their monarch from " King of France " 
 to " King of the French," and limiting hereditary titles of nobility 
 to life estates, and which seemed content that the sovereign should 
 remain master of all if only the symbols of his authority were less 
 plainly visible, has just prostrated the institutions of ages. It had 
 been the work of centuries in that country to impoverish and 
 debase the children of industry, and enrich a favored few. Yet 
 the system of which these were the objects has been overthrown 
 with the naked hands of the laboring masses, strengthened by the 
 rising power of the great truth to which we have referred. And 
 what is the first object to which the attention of the new Govern 
 ment is directed ? Why, to break down obstacles which had so 
 long prevented the laboring classes from receiving the consider 
 ation and rewards to which they are equitably entitled. 
 
 And shall we, whose government was instituted to elevate and 
 ennoble the laboring man, and has rested for sixty years in secur 
 ity and honor on his intelligence, dignity, and integrity, now, in 
 view of this glorious imitation abroad and entire success at home, 
 abandon a policy in regard to slavery which has been pursued from 
 the commencement of our government, and which is so vitally 
 important to its true end and object ? We shall be greatly de 
 ceived if those who have been tempted, by the hope of evanescent 
 honors or temporary advantages, to advocate so disastrous a change 
 of policy do not hereafter deeply regret their apostasy. The labor 
 ing classes, far more respectable in this than in any other country, 
 can spare comparatively little time for reading, and such truths as 
 we have set forth are often slow in reaching them ; but in the end 
 do reach them, and are embraced with unyielding tenacity. Thus 
 it was With the plan for an Independent Treasury. All will 
 remember the assaults which were made upon that measure by the 
 selfish and the venal. The depreciation of the value of labor was 
 prominent among the thousand evils which were predicted from 
 its establishment. Such misrepresentations deceived many, and 
 election after election was lost in consequence. The truth at 
 length reached the masses ; and what man is found to raise his 
 
1848.] TILE FIRST GUN FOR FREE SOIL. 573 
 
 voice against the Independent Treasury ? What other Democratic 
 measure has ever been adopted which neither a Whig Congress 
 nor a Whig Legislature finds it safe to assail ? 
 
 We have thus presented some of the prominent considerations 
 which have induced the Democracy of this State to assume the 
 position they now occupy on the subject of slavery, and have 
 endeavored to reply with calmness and moderation to some of the 
 grounds on which that position has been assailed. If we have 
 been in any degree successful, we may claim to have shown that 
 the views entertained by the Democrats of New York, so far from 
 presenting any excuse for their proscription by their political asso 
 ciates, are those which the highest obligations of constitutional 
 liberty require them to maintain. They have sent, in conformity 
 with established usage, thirty-six estimable and influential citizens 
 to communicate their wishes, in regard to the approaching Presi 
 dential election, to the representatives of the Democracy of other 
 States who are soon to assemble at Baltimore. Their desire is 
 kindly and dispassionately to confer with their brethren of the 
 Union, in the hope of securing the safety and success of that great 
 and patriotic party at whose hands the cause of true freedom has 
 uniformly received a strong, steady, and generally successful sup 
 port. They regret to be apprised that a design should exist in 
 any quarter to exclude their delegates from such conference, or to 
 neutralize their voice by associating with them persons not dele 
 gated by the party and not speaking its sentiments. We are 
 conscientiously, satisfied that there is no room for an honest differ 
 ence of opinion in regard to the right of the Delegates selected by 
 the Utica Convention to sit in the National Convention which is 
 to assemble at Baltimore for the nomination of Democratic candi 
 dates for President and Vice-President. If a question is made as 
 to their right, it must be decided, not compromised. Those dele 
 gates should not be insulted by the request that they should yield 
 one particle of the weight to which, as the sole representatives of 
 the Democracy of this State, they are justly entitled. Expedients 
 resorted to where no difference of opinion existed on either na 
 tional questions or national candidates, and by which a decision 
 of a controversy purely local was postponed until such difference 
 should arise, can have no application to such case. Neither of 
 the distinguished Republicans selected by the Utica Convention to 
 represent the Democracy of this State required the instructions 
 of that body to know that perpetual disgrace would await him if 
 he surrendered any portion of the high trust confided to him, and 
 no instruction was therefore given. 
 
574 THE WORKS OF SAMUEL J. TILDEN. [1848. 
 
 The simple question, if any, which the Baltimore Convention 
 will be called upon to decide, will be the exclusion or admission 
 of those delegates ; and it may be proper for us to add that such 
 decision appears to us of momentous importance, from our con 
 viction that while past experience has shown that the Republicans 
 of this State will submit to great injustice for the vindication and 
 establishment of their principles, the exclusion, actual or virtual, 
 of their representatives for the purpose of overthrowing their 
 principles is an imposition which would be fatal to those who 
 should practise it. 
 
INDEX, 
 
INDEX. 
 
 ACHILLES, illustration, i. 503. 
 
 Adams, John : Electoral College, ii. 392; 
 law stated, ii. 404; Presidential count, 
 ii. 400, 407; administration, ii. 557, 559. 
 
 Adams, John Quincy: diplomatic utter 
 ances, i. 24; Biddle letters to, i. 128-130; 
 administration, i. 164 ; solution of slavery 
 question, i. 315; Electoral count, ii. 400, 
 411, 412, 415. 
 
 Adams, Samuel, a founder of the Republic, 
 ii. 533. 
 
 Administrative Reform, ii. 10-14. (See 
 Democrats, Federal Government, etc.) 
 
 Adoption of children, ii. 342-145. 
 
 Africa, descendants of barbarians, i. 415-417. 
 
 Africans, suffrage opposed, i. 394-420. (See 
 Negroes, Republican Party. Slavery, etc.) 
 
 Agrarianism, an absurd cry, i. 158. 
 
 Agriculture: 1835-1840, i." 104-164; profits, 
 i. 151; in France, India, etc., i. 152; popu 
 lation, i. 195; Report of 1866. i. 461-466; 
 summary of products, i. 466, 467; Central 
 Fair, ii. 228-233; foreign markets, ii. 
 251; Western New York Society, ii. 344, 
 345; once unprofitable, ii. 494. 
 
 Alabama: in Baltimore Convention, i. 238, 
 239; concentration of population, i. 311; 
 growth, i. 316; slavery, ii. 543, 545, 547, 
 558, 568. 
 
 Albany Atlas,, letter, i. 248-277. 
 
 Albany, N. Y. : Democratic Convention, i. 
 235; canal travel, i. 256-259, 372; Col 
 lector s office, i. 259; freight, i. 378, 383; 
 convention, i. 394; valuation, ii. 136, 137; 
 new capitol, ii. 167, 169, 258-260, 315, 
 316; streets, ii. 340. 
 
 Albany County: Anti-Rent difficulties, i. 
 186," 188, 189; Ring trial, i. 472, 553, 
 555. 
 
 Alden, N". Y., town-meeting, ii. 342. 
 
 Alexander s Lock, i. 361^ 366, 367, 370, 
 ii. 42. 
 
 Alienage, not a matter of birth, i. 415. 
 
 Alleghany Mountains : southern population, 
 i. 315; cloven, ii. 37. 
 
 Allen s Canal Bill, i. 272. 
 
 Allen, William, nomination, ii. 355. 
 
 Alvord, Ring cases, i. 602-604. 
 
 America: specie, i. 71, 141; current of ad 
 judication, i. 219: home of the people, i. 
 431; principles of liberty, i. 443; money 
 
 barometer, ii. 62; birthright, ii. 82; con 
 trast with England, ii. 486-492. (See 
 Federal Government, United States, etc.) 
 
 American: stocks, i. 109; law and practice, 
 i. 173; ideas, i. 423. 
 
 American System: explained, i. 158, 159, 
 399; family foundation, i. 411-420; ad 
 vocated, i. 433; forsaken, i. 442; glorious, 
 i. 499; citizenship, ii. 230. (See England, 
 Europe, etc.) 
 
 Ames, Fisher, on Executive Departments, i. 
 33, 35. 
 
 Ames, Governor, letters, ii. 75-84. 
 
 Amherst College, Walker s professorship, i. 
 
 Ancestors, wise warnings, i. 411. 
 
 Andre, Major, centennial, ii. 507-509. 
 
 Andrews, canal matters, i. 364. 
 
 Angel and Ames, on Corporations, i. 177. 
 
 Anglo-Saxons and Common Law, i. 281. 
 
 Antietam, battle of, i. 342. 
 
 Anti-Rent Disorders, i. preface (xiii), 186- 
 
 Applied, criticism on the word, i. 251-255. 
 Appomatox, surrender, ii. 64. 
 Argus, Albany, criticisms, i. 55-57, 64. 
 Aristarchus, comparison, i. 50. 
 Aristocracy : system in America, i. 46, 83; 
 
 how established, i. 82. (See American 
 
 System.) 
 Arkansas: growth, i. 316; disputed vote, 
 
 ii. 430, 435, 444, 446; slavery, ii. 558. 
 Armstrong, General, leases, i/193. 
 Army: abolished in the United States, i. 
 
 302; instrument of oppression, i. 401-414; 
 
 expenditures in times of peace, i. 434-446; 
 
 old scores, i. 439; outrage in Louisiana, ii. 
 
 75, 81 ; bounties, ii. 172. (See Civil War, 
 
 Republican Party, United States, etc.) 
 Assembly, NCAV York, Documents quoted, 
 
 i. 220, 357, 358. (See New York.) 
 Atkinson, Government expenditures, i. 435- 
 
 442. 
 Atlanta, Ga., Exposition, ii. 510-513. (See 
 
 Cotton.) 
 Atlantic Coast: allusion, i. 419; limit, i. 
 
 429, ii. 232. 
 
 Atlantic merchants, i. 128. 
 Atlantic Ocean: rapid trips across, i. 349; 
 
 great ships, i. 372 ; limit, i. 486; naviga 
 tion, ii. 250. 
 
 VOL. II. 
 
 37 
 
578 
 
 INDEX. 
 
 Auburn, N. Y. : repayment, ii. 160; prison, 
 
 ii. 262, 263. 
 
 Auctions, duty on, i. 274. 
 Austria, currency and labor, i. 156. 
 
 BACON, FRANCIS, corruption, i. 487. 
 Badger, on United States Bank,*!. 181. 
 Bailey, King matters, i. 566, 571. 
 Baldwinsville Canal, ii. 254. 
 Baltic Sea, wheat, i. 151. 
 Baltimore: Convention of 1848, i. preface 
 (ix, x, xiii), 232-247, ii. 573, 574; flour- 
 inspection, i. 107; Niles s Register, i. 132, 
 134; prices,!. 134. 
 
 Banking: to be separated from Govern 
 ment, i. 55-87; resolutions of 1838, i. 87; 
 New York Constitution, i. 221-231; in 
 1874, ii. 10, 11; laws of 1838, ii. 29. 
 Bank-notes : Governmental, i. 57-77 ; State, 
 i. 221-231; over-issue, ii. 51-66; expan 
 sion, ii. 283-295; evils, ii. 363-371, 541. 
 Bank of England: over-issues, i. 110; ex 
 perience, ii. 54; parlor, ii. 62; plan of 
 1844, ii. 285. 
 
 Banks: State, i. 57-77; New York, i. 59; 
 circulation in United States, and general 
 relation to prices, i. 103-164; affecting 
 currency fluctuation, i. 107-114; new, i. 
 115-118; largest circulation, i. 145; as a 
 Government foundation, i. 164 ; New York, 
 ii. 67, 271, 272: certificates accepted, ii. 
 191 ; failures, ii. 541. (See Currency, 
 Specie, United States Bank, etc.) 
 Banyer, Goldsbrow, leases, i. 194. 
 Bar" Association: Ring cases, i. 553, 554, 
 
 565, 599, 602-604 ; lawyers, ii. 198. 
 Bar, the: on Ring cases, i. 545; cleansed, 
 
 i. 565; confidence, i. 578. 
 Barbarism, retrograde steps, i. 433. 
 Barbour, Philip P., on Electoral count, ii. 
 
 415, 437. 
 
 Baring Brothers, legal opinion, i. 161. 
 Barley: product, i. 464; tolls, ii. 114. (See 
 
 Wheat, etc.) 
 
 Barlow, Ring matters, i. 602. 
 Barnard, Judge: Ring matters, i. 564, 580 
 
 impeachment, i. 602-604. 
 Barnburners, party name, i. 2-32. 
 Bartlett, plea in Dana s case, ii. 12. 
 Bath-on-the-Hudson, incorporation, ii. 344 
 Bayard, Thomas F., nomination, ii. 355. 
 Bayly, of Virginia, i. 239. 
 Baxter, on National Income, i. 455, 456. 
 Beach, Lieutenant-Governor, his reply ti 
 
 Tweed, i. 569. 
 Beans, product, i. 464. (See Corn, Wheat 
 
 etc.) 
 
 Beardsley, Samuel, office, i. 55, 56. 
 
 Beaver Creek, drainage, ii. 345. 
 
 Beef: prices, i. 104, 136, 137; from th 
 
 West, ii. 376. (See Calves, Cattle, Hoy* 
 
 Pork, etc.) 
 
 Belfast, Ireland, law-case, i. 540, 543. 
 Belknap, General, Southern interferences 
 
 ii. 82. 
 
 Bell, John, candidacy, i. 284. 
 Belshazzar, allusion, i. 232. 
 Benton, Thomas H., opposition to Nationa 
 Bank, i. 55. (See Specie, etc.) 
 
 errien, on Corporations, i. 177. 
 iddle, Nicholas: currency fluctuation, i. 
 107, 108; followed by Webster, i. 114, 
 115, 119, 120; Congressional testimony, 
 i. 124, 125; new United States Bank 
 charter, i. 127; letters to Adams, i. 128- 
 130; on revulsion of 1825, i. 135; of 1828, 
 i. 136. 
 
 ligelow, John, canal investigating com 
 mission, ii. 252, 296. 
 5igler, Senator: a correction, ii. 435; Bill of 
 
 Rights, ii. 562. 
 Jinney, Horace: on the Treasury, i. 28; 
 
 Executive powers, i. 31, 32, 35. 
 Jismarck, Count, comparison, i. preface (v). 
 3issell, canal-commissioner, i. 361. 
 31ack Lake, drainage, ii. 345. 
 Black River: Canal, i. 251, 205, 352, 366; 
 ii. 254; improvements, ii. 100, 115; In 
 surance Company, ii. 139. 
 ilack Rock Harbor, deepening, ii. 180, 181. 
 Maine, James G., candidacy, ii. 533. 
 Blair, F. P., candidate for Vice-Presidency, 
 
 i. 421, ii. 543. 
 31atchford, Judge : removed by the Ring, 
 
 i. 571; Dana s case, ii. 12. 
 Blenheim, N. Y., Anti-Rent difficulties, i. 
 
 189, 191. 
 
 Blue Ridge, i. 349. 
 Bollar, C. D., & Co., Ring warrants, i. 508- 
 
 514. 
 
 Booth, Ring matters, 5. 579, 593, 595, 597. 
 Bordentown, Pa., canals, i. 384. 
 Border States, Republican party in, i. 291. 
 
 (See Missouri, South, States, etc.) 
 Boston, Mass. : price?, i. 134; slave-market, 
 
 i. 303. (See Massachusetts.) 
 Bosworth, Ring frauds, i. 571, 573. 
 Bouck, Colonel, State Debt, i. 160. 
 Bounties: New York, ii. 25, 20, 169, 240- 
 
 248; sinking-fund, ii. 318-320. 
 Boutwell, George S., on Presidential counts, 
 
 ii. 392. 
 
 Bowen, Ring matters, ii. 91-94. 
 Bradley, D. Ogden, Andre" celebration, ii. 
 
 507." 
 
 Bradley, John J., Tweed frauds, i. 494, 571. 
 Brady, Judge, Ring matters, i. 565, 573, 594. 
 Brazil, interference with slaveiy in, i. 321. 
 Breadstuffs: foreign demand, i.259: canal 
 transportation, i. 368. (See Corn, Wheat, 
 etc.) 
 
 Breckcnridgc, John C., candidacy, i. 284. 
 Brennan, Ring frauds, i. 571, 573. 
 Brighton, Eng., coal-tax, i. 523, 524. 
 Brighton, N. Y.: lock, i. 370; damages, 
 
 ii. 182; bridge, ii. 323. 
 Bristol, Wheeler H., repayment, ii. 165. 
 British System, i. 433. (See American Sys 
 tem, J*nyland, Great Britain, etc.) 
 Broadcloth , price, i. 134. 
 Broadway Bank: Ring frauds, i. 496-500, 
 504; figures, i. 505-514; discovery, i. 593- 
 596. 
 
 Brooklyn, N. Y. : park, ii. 211; charter, n. 
 212;* industries, ii. 311; disagreement 
 about appointments, Mayor Hunter, ii. 
 334, 335. 
 
 Broome County, law-case, 5. 545. 
 Brown, Judge, on the Tweed Charter, i. 468. 
 
INDEX. 
 
 579 
 
 Brownlow, Senator: on negro suffrage 
 410; a poor substitute, i. 418. 
 
 Bruce, canal-commissioner, i. 358. 
 
 Bryant, William C., letters, i. 101, ii. 352. 
 
 Buchanan, James: averting war, i. 285 
 administration, i. 296; public debt, i. 441 
 442 ; Electoral count, ii. 410, 419-422, 44t 
 (See Federal Government, Presidency 
 etc.) 
 
 Buckwheat, product, i. 4G4. (See Corn 
 Wheat, etc.) 
 
 Buffalo, N. Y. : canal travel, i. 25G-2G7 
 270, 3GG, 372, 377-383; navigation, ii. 39 
 43-45; harbor, ii. 100, 181; valuation, ii 
 13G, 137; Fillmore Avenue, ii. 15G; asy 
 lum, ii. 162, 261; Board of Trade, ii. 213 
 Tilden s address, ii. 213-219, 222,225, 226 
 docking, ii. 325; Grand Island Ferrv, ii 
 344; iron bridge, ii.345. (See Canals.) 
 
 Buildings, value and style, ii. 163, 261. 
 
 Bull Run, battle of, i. 332. 
 
 Buhver, on taxes and wages, i. 155. 
 
 Burdell case, i. preface (XT). 
 
 Burgoyne, General, ii. 508. (Sec Revolu, 
 tion.) 
 
 Burr, Aaron: ambition, i. 395; Electora 
 count, ii. 412. 
 
 Burwell, Canal letter, i. 250. 
 
 Business : to be divorced from politics, 5. 77 
 relief to distress in, ii. 369, 370. (See 
 Banking, Crisis, Republicans, etc.) 
 
 Butler, Benjamin F.: Electoral count, ii. 
 420; objection to Georgia vote, ii. 4<>G- 
 428. 
 
 Butter: product, i. 464; export, ii. 232. 
 (See Beef, Wheat, etc.) 
 
 Butts, Isaac, letter to, i. 421, 453. 
 
 Byron, Lord, read in Ohio, ii. 352. 
 
 Byron, Port. (See Port Byron.) 
 
 CABINET, THE: Van Buren in, i. 20-26; 
 Eaton difficulty, i. 20; dissolution, i. 24; 
 Jackson s paper on United States Bank, 
 i. 27 : establishment of Departments, i. 27- 
 37; Mr. Badger in, i. 181; division in the 
 Lincoln, i. 338; Mississippi matters, ii. 76- 
 84j co-operation needed for New York, ii. 
 487; interference with elections, ii. 490. 
 (See Congress, Constitution, Federal Gov 
 ernment, Presidency, etc.) 
 
 Crcsarism, repeated in America, ii. 13. (See 
 Republican Party.) 
 
 Calhoun, John C. : Nullification leadership, 
 i. preface (xiii), 9-15; saving the Union, 
 i. 18; dinner i. 20; rupture with Jackson, 
 i. 20. 24; alliance with Van Burenites, 
 i. 165; extreme ideas i. 322. 
 
 California: acquisition of, i. 322,323; slav 
 ery, ii. 546, 568. 
 
 Calves, low prices, i. 134. (See Betf, Pork 
 Rye, etc.) 
 
 Cambreleng, Churchill C. : report on Cur 
 rency, i. 221; Baltimore Report, i. 240, 
 241, 247. 
 
 Camden, N. Y., incorporation, ii. 344. 
 
 Campbell, Lord, cited, i. 538, 539. 
 
 Canada: insurance, ii. 68-70; trade with, 
 ii. 239 ; wars, ii. 508. 
 
 Canajoharie, N. Y., ii. 149, 174. 
 
 Canal Board : restrictions on size of boats, 
 i. 256-277, 360; toll-sheet, ii. 45; regula 
 tion of bids, ii. 109; elected, ii. 110; or 
 ders to, ii. 302-306 ; support needed, ii. 488. 
 
 Canal Committee, i. 385, 386. 
 
 Canals: system, i. 221; revenue questions, 
 i. 248-277; Enlargement Fallacy, i. 347- 
 393; four elements, i. 376; funds, ii. 24- 
 26; in Message, ii. 37-50; abuses, ii. 95- 
 116; income, ii. 97, 98; tolls, ii. 114; ex 
 penses, ii. 169-171; cost and repairs, ii. 
 174-197; vetoes, ii. 186: auditor, ii. 189; 
 debt, ii. 191-195; Appropriation Bill, ii. 
 195-197; Ring, ii. 213-222, 225; (Sec 
 preface xiv); debts, ii. 240-258; inves 
 tigating committee, ii. 252-258, 296; an 
 swers to the Senate, ii. 297-300; dam 
 ages, ii. 296, 298; further facts, ii. 301- 
 306 ; drafts of commissioners, ii. 314 ; 
 sinking-fund, ii. 317-323 ; contracts, re 
 pairs, bridges, considered in veto, ii. 323- 
 328; debt to E. H. French, ii. 326-328; 
 frauds, ii. 327; awards by appraisers, ii. 
 336 ; Ring broken, ii. 503 . 
 
 Capital, in England, France, etc., i. 152, 
 154. (See Banks, Specie, etc.) 
 
 Carpet-baggers: mischief done by, i. 444, 
 600; a cancer worse than the Tweed Ring, 
 i. 600. (See South, etc.) 
 
 Carter, Ring matters, i. 602. 
 
 Cassidy, William: editorship, i. 248; letter 
 to, i. 249-277. 
 
 I!ass, Lewis, candidacy, i. preface (x), ii. 
 41 J* 
 
 Cattle: speculation in, i. 105; value, i. 457, 
 461-463, 465. (See Beef, Calves, etc.) 
 
 Caucasian race, cotton-culture, ii. 512. 
 
 favour, Count, comparison, [.preface (v). 
 
 Cayuga and Seneca Canal, ii. 46, 47, 49, 
 166, 179, 254, 325. 
 
 Cayuga County, election expenses, ii. 165. 
 
 Cayuga Lake, expenditure, ii. 314. 
 
 Cemeteries, vetoes, ii. 343. 
 
 Census: of 1860, i. 453. 454, 457; of 1850, 
 i. 457; New York, 1875, ii. 27, 28. 
 
 Centennial Exhibition, ii. 28, 270. 
 
 Centralism: Evils of Federal, i. 483-489; 
 meddlesome, ii. 12. (See Federal Gov 
 ernment, States, etc.) 
 
 Central New York Fair, visit and address, 
 ii. 228-233. 
 
 Central Park: Commission, i. 468; fraudu 
 lent control, i. 571. 
 
 Century, The, quoted, i. 473. 
 
 hamplaio, Mr., Ring matters, i. 590. 
 
 ham plain Canal: condition and improve 
 ments, i. 349, ii. 46, 47, 49, 113, 115, 254, 
 302, 303, 318; bridge, ii. 325, 327. 
 
 hamplain, Lake, connections, ii. 239. 
 
 Charity, address at Saratoga, ii. 374-379. 
 
 harles I., tyranny, ii. 83. 
 
 harles II., statutes, i. 217. 
 
 harleston, S. C. : prices, i. 134; vovaere 
 to, i. 349. 
 
 harta, i. 170. 
 
 barters: United States Bank, i. 166-182; 
 Story on, i. 169. 
 
 hase, Salmon P., leadership, i. 287, 338. 
 
 hatham, N. Y., speech, i. 422-452. 
 
 hautauqua Lake, camp-meeting, ii. 153. 
 
580 
 
 INDEX. 
 
 Cheese : product, i. 459; export, ii. 231, 232. 
 (See -Bee/, Butter, etc.) 
 
 Chemicals, manufacture, ii. 210. 
 
 Chemung Canal, ii. 254. 
 
 Chenango Canal : condition, i. 352; exten 
 sion, ii. 100, 115, 177, 254. 
 
 Cherokees, the, and laws of Georgia, i. 14. 
 
 Cheves, president of United Status Bank, 
 
 Chicago : platform, i. 307 ; an arrest, i. 332; 
 corn, i. 367; trade-reports, i. 367, 368; 
 distance, i. 377 ; transportation, i. 379-381 ; 
 commerce, ii. 38; navigation, ii. 39; cheap 
 delivery, ii. 348; Iroquois Club, ii. 514, 
 515, 519-521 ; Convention of 1884, ii. 522- 
 534. 
 
 Chinese immigration, i. 412. 
 Choate, on Tweed frauds, i. 492, 582. 
 Christ: Shaker brethren in, i. 100; lowly 
 
 followers, ii. 534. 
 
 Christendom, effect of gold, i. 310. 
 Christianity, struggle with negro problem, 
 
 i. 444. 
 
 Church, Chairman, on finance, i. 357, 358. 
 Churches, repairs, i. 427. 
 Church of England: burden, i. 83; cost, i. 
 
 154. (See England, etc.) 
 Church, the : divorce from the State, i. 143. 
 Cincinnati: price of corn, i. 134; nomina 
 tions, i. 558; Convention in 1833, ii. 501- 
 506; Tilden s wishes respected, ii. 524. 
 Civil Liberty: fabric, i. 309; final battle, 
 i. 420; impossible in France, i. 485; en 
 dangered, ii. 13. 
 
 Civil Service, reform needed, ii. 371. 
 Civil War: foretold, i. 300, 320, 330; Con 
 stitutional opposition, i.338; ended, i. 396, 
 484; Lee s surrender, i. 425; gigantic, i. 
 459 ; Union maintained by Republicans, 
 ii. 13; over, ii. 63; how engendered, ii. 
 362; prices affected, ii. 370; Republican 
 abuses, ii. 533. (See Rebellion, Slavery, 
 Union, United States, etc.) 
 Clark Patent, Anti-Rent troubles, i. 192. 
 Clay, Henry: policy, i. preface (xiii); and 
 Nullification, i. 10*; Compromise Bill, i. 16- 
 19; Congressional leadership, i. 20, 21; on 
 the Treasury removal, i. 28; bank meas 
 ures, i. 84; master-spirit of the Harrisor 
 policy, i. 122; extract from speech of 1824 
 i. 135; administration, i. 164; on United 
 States Bank, i. 181 ; averse to sectionalism, 
 i. 293; tariff interest, i. 329; his genera 
 tion, i. 337; gift of Slave Power, i. 418 
 Electoral resolution, ii. 399, 400; count, ii 
 413, 431, 432, 434, 435, 440, 443; slaver} 
 question, ii. 542. 
 Cleveland, Grover, nomination, i. prefac 
 
 (v, xii), ii. 576. 
 
 Clinton, George : on the crisis of 1820, i. 133 
 against centralism, i. 395, 484; canal in 
 fluence, i. 431 : in the Senate, i. 488 ; fears 
 ii. 83; Vice-President, ii. 413; a founde 
 of the Republic, ii. 533. 
 Clover, product, i. 464. (See Beef, Corn 
 
 etc.) 
 
 Coal, freight, i. 383. 
 
 Cockburn, Chief Justice, opinion, ii. 478. 
 Coffee, prices, i. 134. 
 Coke, Lord, case quoted, ii. 82. 
 
 Jolfax, Schuyler, nomination to Vice-Presi 
 dency, i. 421. 
 
 olquift, Governor, Atlanta Exposition, ii. 
 511. 
 
 olumbia County, N. Y. : Tilden s birth 
 place, i. 10; the Shakers, i. 88; Anti-Rent 
 troubles, i. 186-188, 190; speech in 1868, 
 i. 421-452 ; population, i. 445. 
 Columbian Centinel, quoted, ii. 480. 
 olumbia Sentinel, Tilden s contributions, 
 i. 16, 22. 
 Commander, General, of South Carolina, 
 
 i. 238. 
 Commerce : diminished, i. 135 ; free, ii. 540. 
 
 (See Business, etc.) 
 
 !ommercial Advertiser, New York : on Nul 
 lification, i. 12; State Debt scheme, i. 161. 
 Common Law, zeal for, i. 281. 
 Compromise Act, Clay s, i. 10, 172. 
 kmistock, Judge, i. 602. 
 Confederation: Congress of 1787, ii. 386; 
 
 Old Congress of, ii. 545, 550. 
 Confessional, among the Shakers, i. 99-101. 
 Conger, O. D., canal matters, i. 375. 
 ongress: Force Bill, i. 9; Intercourse Law, 
 i. 13; Explanatory Act, i. 14; Compro 
 mise Bill, i. 16-19; Calhoun s leadership, 
 i. 20; Jackson s warning, i. 27; power 
 limited, i. 28; the Treasury and the Exec 
 utive, i. 27-37 ; organization of State De 
 partment, i. 33, 34; slavery in District of 
 Columbia, i. 38-54; creation of corpora 
 tions, i. 40; Independent Treasury ques 
 tion, i. 55-77; measures introduced, i. 75; 
 extra session, 1837, Independent Treas 
 ury Bill. i. 78-87; committee on Crisis of 
 1825, i. 124; farmers and lawyers in, i. 
 144; State Debt scheme, i. 161-164; new 
 Bank Charter, i. 165; repeal essential, i. 
 180; districts in New York, i. 235, 236; 
 Territorial slavery, i. 239-247 ; advised to 
 conciliate the Sduth, i. 289; sectionalism 
 in, i. 293; Slavery Acts, i. 315; Lincoln s 
 one term, i. 338; partisanship, i. 341-346; 
 district horizon, i. 399; Republican gains, 
 i. 400; negro supremacy, i. 404; usurping 
 control, i. 405; interferences, i. 406-420; 
 dangerous power, 5. 410; change demand 
 ed, i. 420; Republican extravagance, i. 
 425-452 ; carnival of manufacturers, i. 
 432; concealments, 5.436; changes, i. 438; 
 profligate expenditures, i. 440; districts, 
 i. 445 446 ; Radical majority, i. 466, ii. 361 ; 
 a possible blush, i. 601; 5000 bills, ii. 12; 
 Mississippi members, ii. 77-79 ; action 
 demanded, ii. 80-84; War of 1812, ii. 203; 
 appropriations for Attorney-General, ii. 
 299; Financial Acts, ii. 368; special legis 
 lation, ii. 382; contested Presidential 
 election, ii. 388-450; vote of 1789, ii. 389; 
 others, ii. 390-392; places and tellers, ii. 
 393; choosing the President, ii. 396; vote 
 of 1793, ii. 433; rules for the count, ii. 
 433, 434; Lincoln s Electoral Message, ii. 
 446, 447; Curative Acts, ii. 467; Elec 
 toral count, ii. 504; not affecting climate, 
 ii. 513; usurpations, ii. 514; legislation 
 about Territorial slavery, ii. 542-574. 
 (See Constitution, Federal Government, 
 South, States, Union, etc.) 
 
INDEX. 
 
 581 
 
 Conkling, Roscoe: silence, i. 576; on Con 
 gressional bill*, ii. 12; eloquence, ii. 229; 
 Electoral count, ii. 427. 
 
 Connecticut : suffrage, i. 409 ; disputed vote, 
 ii. 431. 
 
 Connolly, Richard B. : in New York frauds, 
 i. 472", 493-500, 571; O Conor s account, 
 i. 501-504 ; figures, i. 505-514 ; Ring 
 defendant, i. 515-551, 559; comptroller, i. 
 562 ; allusions, i. 581, 589, 591-593. 
 
 Conspiracy, combination against, i. 491. 
 
 Constitutional Convention : national, i. 40, 
 83; New York, i. 221-231; of 1846, i. 281; 
 of 1787, ii. 451, 550, etseq. 
 
 Constitutional Limitations, Cooley s, ii. 481. 
 
 Constitution: references, i. preface; Nul 
 lification, i. 9-26; limits Congressional 
 power, i. 28-37; construction by Hamil 
 ton and others, i. 40, 52, 53; letter and 
 spirit, i. 46, 47, 52, 53; Jefferson s De 
 claration, i. 53; Jackson s interpretation, 
 i. 54; ex post facto laws, i. 91, 92; rela 
 tion to currency, i. 144; violation of, i. 
 162, 166; United States Bank Charter, 
 i. 166-182; ideas abhorrent to, i. 175; 
 Kent and Story on, i. 177; State rights, i. 
 180; relation to Rent troubles, i. 206, 207; 
 Illinois case, i. 209; zeal for Common 
 Law, i. 282; statesmen of the era, i. 294; 
 how construed, i. 304, 307; letter per 
 verted, i. 305; rights restored, i. 341- 
 346; Morris s reply, i. 395; Republican 
 action outside of, i. 398; Republican 
 wrongs not the result of original de 
 fects, i. 405; Suffrage Amendment, i. 
 415; final battle, i. 420; best hope in 
 Seymour and Blair, i. 450; impeachment, 
 i. 474-482; History, i. 481; amendments, 
 ii. 28, 65; Louisiana, etc., rights guaran 
 teed, ii. 75-84; in Democratic platform, 
 ii. 362; Fourteenth Amendment, and 
 others, ii. 380-383; Electoral College pro 
 visions, ii. 384-450; holders of other of 
 fices, ii. 431, 432; Twelfth Article, ii. 445; 
 provisions lacking for Electoral count, ii. 
 454 et seq. , Madison the father of, ii. 489; 
 established by struggle, ii. 502; Congres 
 sional duty, ii. 504; rights usurped, ii. 514; 
 mot of Gouverneur Morris, ii. 517, 519; 
 limits prescribed not respected, ii. 518; 
 Chicago banquet, sentiment, ii. 519; false 
 constructions, ii. 519-522; limitations at 
 first preserved, ii. 533; relation to slavery 
 in Territories, ii. 544-574; framed, ii. 550 
 et seq. (See Cabinet, Congress, Federal 
 Government, States, United States, etc.) 
 
 Convention of 1846, ii. 29, 35, 36, 111, 117, 
 119, 126, 129, 190, 242, 267. (See New 
 York, etc.) 
 
 Cooper, Edward: Ring matters, i. 595. 
 
 Cooper, Peter, city reforms, i. 566. 
 
 Cooper Institute, meetings, i. 490-500, 556, 
 582, 584, 585, 596, 599. 
 
 Corn: prices, i. 104, 135-137; on the Ohio, 
 i. 310; canal transportation, i. 367 ; freight, 
 i. 378-381; exports, i. 429 ; product, i. 464; 
 tolls, ii. 114; export, ii. 231, 232; in Til- 
 den s speech, ii. 486, 487; crop, ii. 512. 
 (See Breadstu/s, Wheat, etc.) 
 
 Corn Laws: English, i. 154; repeal, i. 434. 
 
 Cornell, Charles G., Street Commission, i. 
 569. 
 
 Coroners : inquests regulated, ii. 150 ; stenog 
 raphy, ii. 210. 
 
 Corporations: rights, i. 166-182; artificial 
 person, i. 167; civil death, i. 171; Kent 
 on, i. 174; quasi, ii. 127. 
 
 Cottenham, Lord, decisions cited, i. 532-551. 
 
 Cotton: prices, i. 104, 105; diversion to 
 wards, in 1836, i. 105; great staple, i. Ill ; 
 speculations, i. 124; fields tilled by free 
 men, i. 303; negro labor, i. 310; value, i. 
 463,464; export, ii.232; International Ex 
 position, ii. 510-513. 
 
 County, indexing, etc., ii. 212. 
 
 Courier and Inquirer, State Debt scheme, i. 
 161. 
 
 Covenants: Anti-Rent troubles, i. 186-220; 
 nature, i. 207. 
 
 Cowan, Senator, Electoral count, ii. 424, 425. 
 
 Cox, Townsend, introducing Tilden, ii. 15. 
 
 Crawford, Secretarv, on the hard times, i. 
 133. 
 
 Crimean War, cotton trade, i. 310. 
 
 Criminals: imperfection of laws regarding, 
 ii. 30-32; previous convictions, ii. 155 156; 
 palaces for, ii. 164, 262; juvenile, ii. 165; 
 laws not enforced, ii. 200, 201; employ 
 ment veto, ii. 310-313. (See Prisons.) " 
 
 Crisis: financial, of 1825, i. 124; pamphlet, 
 i. 158. (See Banking, Paper Money, 
 Specie, etc.) 
 
 Crittenden, Senator, on disputed votes, ii. 
 409, 420, 437. 
 
 Crooked Lake Canal, ii. 254. 
 
 Croton Department, control reserved, i. 568, 
 569. 
 
 Cuba : currency and labor, i. 156 ; possible 
 acquisition, f. 323. 
 
 Curative Acts, cited, ii. 453, 480, 481. 
 
 Currency: United States, i. 57-77; relation 
 to prices and wages, i. 101-164; preten 
 sions of National Bank to regulate, i. 101- 
 164; fluctuations, i. 107-164; Webster 
 and Biddle on, i. 107, 108, 114, 115; New 
 York Constitution, i. 221-231; good, i. 
 282, 283; shrinking, i. 287; influence on 
 business, ii. 51-66, 282-295; tables, ii. 
 293, 294; reform, ii. 362-371; amount, ii. 
 368. (See Banking, Specie, etc.) 
 
 Curtis, George Ticknor: History of Consti 
 tution, i. 481; defence of the Ring, i. 522- 
 551. 
 
 Curtis, George William, silence on Ring 
 matters, i. 576. 
 
 Custom House, returns, i. 106, 109, 131, 425. 
 
 DALLAS, GEORGE M., Electoral count, ii. 
 
 418. 
 
 Dampier, Judge, decision, ii. 476. 
 Dana, Charles A., forced to Washington, 
 
 ii. 12. 
 
 Dana, Senator, Electoral count, ii. 436. 
 Dartmouth College, lawsuit, i. 173, 177. 
 David, Bible ovation, ii. 530. 
 Davis, Jefferson, Electoral count, ii. 418. 
 Davis, Judge Noah, on bribery, i. 572, 577, 
 
 602. 
 Davy, Sir Humphry, new training, ii. 375. 
 
582 
 
 INDEX. 
 
 Dayton, Electoral vote, ii. 410. 
 
 Debt: English, i. 154; Patroon lands, i. 
 198; New York policy, i. 200; American 
 national, i. 428. (See Banks, Currency, 
 Specie, etc.) 
 
 Declaration of Independence, and slavery, 
 ii. 548. 
 
 Delaware : failure of wheat, i. 105; suffrage, 
 i. 408. 
 
 Delaware and Hudson case, i. preface (xv). 
 
 Delaware and Raritan Canal, i. 363, 371, 
 374, 375. 382, 386, ii. 45, 46. 
 
 Delaware County, Anti-Kent troubles, i. 18G, 
 188, 192, 193. 
 
 Delaware River, navigation, i. 383. 
 
 Democratic Party: references, i. preface 
 (iv, xi, xiv); adherence to Van Buren, 
 i. 20-54; Leggett. s influence, i. 38; letter 
 of the Constitution, i. 46; financial prin 
 ciples, i. 75; Independent Treasury issue, 
 i. 78; Convention of 1838, i. 78-87*; cam 
 paign of 1840, i. 102; Whig opposition 
 in 1840, i. 122; effect of policy, i. 138. 
 149; N. Y. State debt, i. 159, 160; re- 
 establishment of United States Bank, i. 
 165-182; issue, i. 182; Conventions and 
 Report, 1848, i. 232-247; rules, i. 234-236; 
 creed, i. 239; canal-reform measures, 1846, 
 i. 248; Soft Shells and Temperance, i. 
 278; division in New York in 1848, i. 
 323; defeat thereby, i. 327; Civil War, 
 i. 335; State Convention, 1868, i. 394-420; 
 National Convention, i. 394, 421; change 
 of proportion, i. 437; objections to Com 
 missions, i. 468; State Convention of 
 1870, i. 483-489; successful administra 
 tion, i. 485; purifying influence, i. 480- 
 488; frowns upon fraud in 1836, i. 488; a 
 mixed ticket advocated, i. 490-500; con 
 nection with Ring cases, i. 554-606 ; loose 
 from Tammany, i. 559; in the Assembly, 
 supervisors, i. 559, 560; Tilden s lead, i. 
 563 ; restored power, i. 566 ; Young, i. 
 567; Tweed Democracy, i. 574-576; sep 
 aration from Ring, i. 586; Tilden s de 
 mand on State Convention, i. 594; resist 
 ance to Tweed frauds, i. 605, 600; State 
 Convention of 1874, ii. 9-14 (Sec i. pre 
 face -x\v); Young Men s Duties, ii. 15- 
 19; Assembly votes, ii. 23; 1875,. Mis 
 sissippi elections, ii. 76-79; rising above 
 party, ii. 217, 218, 223; Tilden nomi 
 nation, ii. 354-373; platform, ii. 380- 
 383; House majority, ii. 384;- Tilden 
 election, ii. 384-450, 490; Young Men s 
 Club, ii. 485-492; Massachusetts Asso 
 ciation, ii. 499, 500 ; Cincinnati Conven 
 tion, ii. 501-506; and Jackson, a letter, 
 ii. 514, 515; and Jeffepsoiv, ik 516-518; 
 second Iroquois Club letter, ii. 519-521; 
 Convention of 1884, afc Chicago, ii. 522- 
 534 (See i. preface xi>; Tilden Resolu 
 tions, ii. 528-534; made up of laborers, ii. 
 534; relation to Free Soil ideas, ii. 535- 
 574; Utica Convention, ii. 537, 543, 573; 
 called Republicans, ii. 543. (See- Con 
 gress, Constitution, Republican Party, 
 South, United States, etc.) 
 
 Democratic Review, on United States Bank 
 Charter, i. 165-182. 
 
 Denio, Judge: quoted, i. 545, 546; dissent, 
 ii. 338. 
 
 Depew, Chauncey M., oration, ii. 507. 
 
 Desbrosses estate", Rent troubles, i. 192, 193. 
 
 Dickev, Congressman, Electoral count, ii. 
 430." 
 
 Dickinson, Senator, speech, i. 241. 
 
 Discounts: ruinous, i. 113; legal rates, i. 
 226. (See Banks, Currency, Specie, etc.) 
 
 Dissenters, taxation, i. 154. 
 
 District of Columbia: slavery, i. 38-54; 
 people forced thither, ii. 12. 
 
 Disunion: people educated for, 5. 294, 297; 
 threatened by New England, i. 322; 
 generating State Centralism, i. 485. (See 
 Civil War, South, Union, etc.) 
 
 Dix, John A.: chairman, i. 341; governor 
 ship, ii. 20; precedent, ii. 91-94; Cham 
 ber of Commerce dinner, ii. 346. 
 
 Dodge, a benefactor, ii. 353. 
 
 Doe Company, i. 168. 
 
 Dorsheimer, William, office, ii. 211, 214. 
 
 Double taxation, i. 199, 201. (See Banks, 
 Currency, Prices, Taxation, etc.) 
 
 Doughfaces, party name, i. 14. 
 
 Douglas, Stephen A., candidacy, i. 284. 
 
 Drew, Governor, election, ii. 4o3, 462, 468. 
 
 Duane, Wm. J., refusal to obey Jackson, 
 i. 27. 
 
 Dublin, Ireland: law-case cited, i. 525-531, 
 533, 53!), 540, 543, 546. 
 
 Dubuque, la., Seward s speech, i. 301. 
 
 Duer, Judge, case cited, i. 545. 
 
 EASTKHN STATES: infant manufactures, i. 
 9; transit of manufactures, i.353; centres, 
 ii. 38; merchandise, ii. 39, 42; connections, 
 ii. 250, 251. (See New Enyland, South, 
 West, etc.) 
 
 Eaton, General, and wife, i. 20. 
 
 Edmunds, Congressman, on Electoral count, 
 
 Education, statistics, ii. 71. (See Schools.) 
 
 Electoral College: contested elections, ii. 
 384-450; in 1789, ii. 389; subsequent 
 elections, ii. 390-392; holders of Federal 
 offices, ii. 431, 432; summary, ii. 440-452. 
 
 Elder, Dr., national wealth, i. 455. 
 
 Eldon, Lord, cited, i. 523-551. 
 
 Klizabeth, Queen, statutes cited, i. 522, 530. 
 
 Elliott s tax-estimate, i. 427. 
 
 Elmendorff, E., Jr., Tilden s deposition, i. 
 507. 
 
 Elmira, N. Y.: city acts, ii. 150-153; Re 
 formatory, ii. 162, 261. 
 
 Ely s price-statistics, i. 134. (See Currency, 
 Prices, Taxation, etc.) 
 
 Emigration: Westward, i. 309-313; from 
 Europe, i. 411-414; the statistics, ii. 70; 
 Message about, ii. 306-309. 
 
 Engineering, in the laws, i. 382. 
 
 England : Van Buren s ministry, i. 20; 
 paper currency, i. 71 ; property qualifi 
 cation,, the Church, pauper system, i. 83; 
 Shakers, i. 88; financial literature, i. 102; 
 exchange on, i. 110; overburdened mar 
 kets, U 112; joint-stock banks, i. 117; 
 disasters of 1825, 5. 124; country banks, 
 i. 125; specie, i. 141, 156; agricultural 
 
INDEX. 
 
 583 
 
 and factory labor, i. 151, 157; taxation 
 and privileges, i. 152; monopolies, i. 
 154, 155; national bank, i. 156; corpo 
 rate liability, i. 167, 173, 174; charta, i. 
 169, 170, 173; land alienations, i. 217; 
 current of adjudication, i. 219; currency 
 discussions, i. 229; artificial system o f 
 money, i. 231; anti-French agitation, i. 
 295; possible invasion, i. 302; rapacity, 
 i. 417; monarchical, i. 433; financial 
 policy, i. 434; army cost, i. 441; annual 
 savings, i. 456; impeachment power, i. 
 474; Crown cases cited, i. 515-551; estab 
 lished doctrine in law, ii. 82, 83; rising 
 prices, ii. 283; Sunday-schools, ii. 351, 
 353; privileges gained "from the aristoc 
 racy, ii. 398; contested votes, ii. 464-466; 
 quo warranto, ii. 477, 478; Parliamentary 
 majority monarchical, ii. 520; enlarged 
 suffrage, ii. 534. (See Europe, Great 
 Britain, etc.) 
 
 Entails, i. 90-98. 
 
 Erie Canal: revenues and relation to the 
 Constitution of New York, i. 248-277; 
 enlargement, i. 347-393; cost, i. 431; 
 in Tilden s Message, ii. 23, 37-50; abuses, 
 considered in Canal Message, ii. 100-116; 
 repairs, ii. 159, 360, 175-184, 187-197; 
 allusions, ii. 214-218; policy, ii. 250; in 
 vestigations, ii. 301-304 ; improvements 
 and vetoes, ii. 317-328; bridges, ii. 323- 
 325; depth, ii. 327; tolls, ii. 350. (See 
 Canals, New York.) 
 
 Erie, Lake, connections, ii. 239. 
 
 Europe: specie currency, i. 71, 141; con 
 trolled by the few, i. 86; exchanges, j. 
 110; loan to United States Bank, f. 124; 
 laborers, i. 356; social system, i. 158, 159; 
 aiding the Rebellion, i.286; comparative 
 size, i. 313, 326; voyage, i. 349; famine 
 or war, i. 3G8; evils of taxation, i. 402; 
 Military Powers, i. 402, 403; emigration 
 to America, i. 412, 415, ii. 570; calami 
 ties and expenditures, i. 443; oppressions. 
 i. 450, ii. 231; trip, ii. 37; crowded, ii. 
 250; Tilden s journey, ii.485; market for 
 America, ii. 495. (See America, England, 
 etc.) 
 
 Evarts, William M., Ring matters, i. 579, 
 581, 595, 604. 
 
 Evening Journal, New York, in her shell, 
 i. 160. 
 
 Evening Post. New York: Leggett 1 s connec 
 tion, i. 38; Kent letter, 5/289-331, 339; 
 personal friends, i.321; Delmonico letter, 
 i. 331-340; on revenue system, i. 432; 
 Ring, i. 557, 571; Nordhoff, i. 567; 
 O Conor s opinion, i. 594; Tweed Char 
 ter, i. 606; unfavorable comparison, ii. 
 352, 353. 
 
 Exchange: bills of, i. 63, 64; rising prices, 
 i. 106-110. (See Banking, Currency, Spe 
 cie, etc.) 
 
 Exchequer, English, 5. 155, 427, 456. 
 
 Executive, the, and the Treasury, i. 28-38. 
 (See Federal Government, Presidency, 
 United States Treasury, etc.) 
 
 Explanatory Act, i. 14, 15. (See Congress.) 
 
 Exports, tables, i. 429, 430. 
 
 Ex post facto laws, i. 91, 92. 
 
 FACTORY COMMISSION, evidence before, 
 
 i. 151. 
 
 Family, the : upset by Shakcrism, i. 97; 
 idea in American government, i. 401-410. 
 Farmers: Mechanics and Working-men s 
 Convention, i. 78-87; real producers, i. 
 120; Suffolk, i. 138; in Congress, i. 144; 
 wages, i. 150; surrender to slavery, i. 
 303; foreign marriages, i. 413; Columbia 
 County, i. 423, 431, 433; market, ii. 61; 
 rise of prices, ii. 60; residence among, ii. 
 230 ; control of taxes, ii. 233 ; in Ohio, etc., 
 questioned, ii. 495. 
 
 Farms: abandoned, i. 105; New York re 
 movals, i. 184. 
 
 Fathers of the Republic: policy, i. 315, 317; 
 Southern desire to return to" their princi 
 ples, i. 402. (See Federal Government, 
 Jefferson, States, Union, etc.) 
 
 Fawcett, Professor, prediction, i. 412. 
 
 Federal Government: rights of States, i. 
 9-15, 23; domination, i. 22-26; contracts 
 with States, i. 166; relation to slavery 
 and the Republican Party, i. 284-331; 
 Disunion, i. 295; Lincoln "policy, i. 333- 
 340; interdependence, i. 398; "manage 
 ment of Southern complications, i. 417, 
 418; taxation average, i. 424-452; elec 
 tions in New York City, i. 469; Evils of 
 Centralism, i. 483-489 , ii. 12; drifting 
 badly, ii. 11-14; revenues, ii. 50-62; mis 
 used powers, ii. 63-66; taxes, ii. 121; in 
 direct taxation, ii. 173, 226; waste, ii. 
 275, 276; excessive taxation, ii. 276-280; 
 Attorney-General, ii. 349; source of evil, 
 ii. 350;* false policies, ii. 360-363; two 
 great evils, ii. 371, 372; connection Avith 
 Presidential election, ii. 396-398 (See 
 Electoral College) , Florida difficulties, ii. 
 461-481; formation, ii. 489-492; interfer 
 ence, ii. 490; evils of patronage, ii. 500; 
 British impress, ii. 517; assumption of 
 authority, ii. 518; Tilden s ability to re 
 form, ii". 525-527; Democratic triumph 
 indispensable, ii. 532; early patronage 
 and relation to slavery in Territories, "ii. 
 546-574. (See Cabinet, Democratic Party, 
 Electoral College, Presidency, Republican 
 Party, States, United States, etc.) 
 
 Federal Party: Constitutional spirit, i. 46; 
 Jefferson s warning, i. 164; in New York, 
 ii. 539, 540; press, ii. 542; name, ii. 543. 
 
 Federalist, The, ii. 489, 549, 552. 
 
 Fielding, M. B., International Exposition, 
 ii. 510. 
 
 Fields, Thomas C. : Ring defendant, i. 515- 
 551; parks, i. 571, 573; law-point, ii. 34. 
 
 Fillmore, Millard: election, i. 324; Electoral 
 vote, ii. 420. 
 
 Fisk, Ring matters, i. 564. 
 
 Flagg, Azariah C. : canal administration, 
 f 256, 257, 261, 262, 359-361; tests, i. 386; 
 association, i. 422; high character, i.487; 
 complete canal system, ii. 49; reports, ii. 
 494, 495. 
 
 Flax, product, i. 464. (See Cotton, Wheat, 
 etc.) 
 
 Florida: in Baltimore Convention, i. 238; 
 growth, i. 316; Carpet-baggers, i. 444-446 ; 
 Electoral count, ii. 444, 453-481; Return- 
 
584 
 
 INDEX. 
 
 ing Boards, ii. 489; slavery, ii. 547, 550, 
 557, 5G3. 
 
 Flour: prices, 1835-1840. i. 102; inspection, 
 i. 117; climax, i. 131; decreased value, 
 anecdote, i. 133-137; fixed price, i. 225; 
 transportation, i. 351. (See Breadstuff s, 
 Corn, Wheat, etc.) 
 
 Floyd, John G., ii. 535, 536. 
 
 Fluctuations: in prices, etc., i. 101-1G4; in 
 jurious, i. 149. (See Corn, Currency, 
 Prices, Taxation, etc.) 
 
 Food-supply, i. 461-466. (See Beef, Cur 
 rency, Prices, Wheat, etc.) 
 
 Force Bill, before Congress, i. 9. 
 
 Foreign Affairs, department instituted, i. 32. 
 (See Cabinet, Federal Government, etc.) 
 
 Foreign Quarterly Review, on pauperism, 
 i. 155. 
 
 Fort Covington, N. Y., town-hall, ii. 208. 
 
 Fort Plain, N. Y., lock, i. 300, 302. 
 
 Foster s Baltimore speech, i. 241. 
 
 France: gold premium, i. 71, 141; property 
 
 ?ualification, i. 82; condition of labor, i. 
 52; specie currency, i. 150; early land- 
 grants, i. 180; anti-English agitation, 
 1.295; the Press, i. 300; possible inva 
 sion bv, i. 302; engineers, 5. 375; French 
 ambition, i. 395; Committee of Safety, 
 i. 398; army, i. 403, 441; comparative 
 size, i. 419, ii. 12; taxes tabulated, i. 427- 
 430; soldiers and officers, i. 480; financial 
 expedients of 1793, ii. 50; war debt, ii. 
 291; under Napoleon III., ii. 490 ; Hugo s 
 History, ii. 491, 492; colonial conflicts, ii. 
 508,509; Revolution, ii. 560; government 
 reformed, ii. 572. 
 
 Frankfort, N. Y., lock, i. 300, 362. 
 
 Franklin, Benjamin: comparison, {.preface 
 (vi); his generation, i. 337; a founder of 
 the Republic, ii. 533; on Slavery, ii. 549, 
 553. 
 
 Freedman s Bureau: instrument of oppres 
 sion, i. 401; cost, i. 439. 
 
 Freedom: in America, i. 144; in Russia, 
 i. 146; of industry, i. 152, 154; of the 
 Press, i. 300. 
 
 Free Labor, at the South, i. 303. 
 
 Free Soil: party revolt of 1848, i. 232-247; 
 First Gun for, ii. 535-574. 
 
 Free States: fugitive slaves, i. 302; and 
 slavery, ii. 535-574. (See Northern 
 Slates, Slavery, United States, etc.) 
 
 Fremont, John Oi, Electoral vote, ii. 410 
 420-422. 
 
 Friends, Society of, offshoot from, i. 88. 
 
 Frugality, variable, i. 195. 
 
 Fullerton, William, finances, i. 102. 
 
 GALL.ATIX, ALBERT: financial statements 
 i. 71, 131; estimate of metallic currency 
 i. 141 ; reported saying about Van Buren 
 i. 165; Electoral count, ii. 441, 442; Gov 
 ernment organization, ii. 449. 
 
 Game protection, ii. 200, 211. 
 
 Garvey, Andrew J. : in Tweed Ring, i. 472 
 495-500; O Conor s account, i. 502-504 
 figures, i. 505-514; frauds, i. 575, 590. 
 
 General Government : severed from Unitec 
 States Bank, i. 127, 128 ; assumption o 
 
 State Debts, i. 161-164 ; public lands, 
 i. 184, 185; restrictions, i. 271; internal 
 improvements, i. *83. (See American 
 System, Banks, Cabinet, Democratic 
 Party, Electoral College, Federal Gov 
 ernment, South Carolina, States, United 
 States, etc.) 
 
 jenesee Valley Canal: legislation, i. 251, 
 205, 352; bridge, ii. 183; locks, ii. 184; 
 cost, ii. 254. (See Canals.) 
 Glencva, N. Y., harbor, ii. 179. _ 
 n eorge III., Colonial tyranny, i. 290. 
 eorgia: trampling on the Constitution, 
 i. 12-15; Baltimore Convention, i. 238, 
 239; population West, i. 316; Carpet 
 baggers, i. 444; trust-case, i. 549; dis 
 puted vote, ii. 426-429, 435, 444, 445; 
 Cotton Exposition, ii. 510-513; slavery, 
 ii. 568. 
 
 jrcrmans : deprivation of suffrage in Amer 
 ica, i. 410; appeal to, i. 450; not so cor 
 rupt, i. 488; natural rights, i. 491. (See 
 Democratic Party.) 
 
 jermany: agricultural profits, i. 151; army 
 cost, i. 403; war with France, ii. 291; 
 emigrants, ii. 308, 570. (See Europe.) 
 aerry, Elbridge, establishment of State De 
 partment, i. 33-35. 
 ailes versus Flagg, i. preface, (xv). 
 Gladstone, William E. : tax-estimate, i. 427, 
 433, 434 ; financial statement in 1861, i. 
 456. 
 
 Glasgow, Scotland, speech at, i. 433. 
 God: Shaker promises, i. 100; wise ar 
 rangements, i. 222, 225; moral govern 
 ment, i. 282; politicians arrogating divine 
 power, i. 313; river-gifts, i. 352; soil 
 cursed by, i. 432; acceptable appeal to, 
 i. 451; thanks to, i.484; blessing sought, 
 i. 490; gratitude towards, ii. 24, 238; 
 destiny of New York, ii. 216; help in 
 voked , ii. 373; in science, ii. 377-379; 
 implanting timidity, ii. 491; prayer for 
 aid, ii. 506, 524. 
 
 Gold: a stimulus, i. 310; premium, i. 425, 
 441, ii. 57, 58; production, ii. 231, 232. 
 (See Banking, Currency, Silver, Specie, 
 etc.) 
 
 Goodsell, State Engineer, i. 357, 358. 
 Gordon, General: financial measures, i. 75; 
 
 Atlanta Exposition, ii. 511. 
 Gouge, Wm. M., i. 102. 
 Government: separation from banking, i. 
 55-87,222-231; local best, i. 290. (See 
 America, Currency, Democratic Party, 
 England, Europe, Federal Government, 
 General Government, New York, States, 
 United States, etc.) 
 
 Grafton, Lord, reply to the King, ii. 533. 
 Grain : prices, i. 104, 134-137 ; speculation, 
 i. 105; connection with currency and 
 wages, i. 106-164; local market, ii. 51, 60; 
 production, ii. 231, 232; exports, ii. 251. 
 (See Corn, Oats, Wheat, etc.) 
 Grant, Ulysses S. : Presidential nomination, 
 i. 421; "Tilden s opposition, i. 422-452; in 
 War and State, i. 447; second nomma- 
 tion, i. 483: receiving gifts, i. 487; San 
 hedrim at Albany, i. 572; third-term am 
 bition, ii. 9, 13 ; "Ames correspondence, ii. 
 
INDEX. 
 
 585 
 
 75-84; trials, ii. 346-348; Electoral count 
 
 . ii. 385, 426-431, 445; vote, ii. 490; third 
 candidacv, ii. 499. (See Presidency.) 
 
 Grants: general, i. 166-182; of New York 
 land, i. 186-220. (See Land-grants, New 
 York, Van Rtnsselaer, etc.) 
 
 Grass: made to grow, i. 253; product, i. 464. 
 
 Gray Nuns, educational certificates, ii. 268, 
 269. (See Schools.) 
 
 Great Britain: early land-grants, i. 186; 
 Colonial tyranny, i. 290; the Queen s 
 power, i. 332; emancipation from, i. 395; 
 army, i. 403; tables of taxes, i. 427-430 ; 
 Colonial rupture, i. 448; wealth, i. 455, 
 456; municipal law, ii. 33; contrast with 
 America in food, ii. 486, 487 ; Colonial re 
 bellion, ii. 508 ; not the model for America, 
 ii. 617; king and slavery, ii. 548, 549. 
 (See American System, England, Europe, 
 Taxation, etc.) 
 
 Great Eastern, steamer, i. 372. 
 
 Great Lakes, i. 360. (See Erie, etc.) 
 
 Great Republic, ship, too large, i. 372. 
 
 Greeley, Horace : recollections, i. 322; statue, 
 i. 558 ; city reform, i. 567, 571, 573 ; Elec 
 toral vote, ii. 428, 429, 445. 
 
 Green, Andrew H. : sacrificed by the Rinij, 
 i. 498, 571; exposures, i. 505-514, 572, 
 589, 591-597; Hebrew Fair, ii. 234. (Sec 
 Tweed, etc.) 
 
 Greene County: Anti-Rent troubles, i. 186, 
 188, 192-194; police justices, ii. 344. 
 
 Greenfield, Ohio, low prices, i. 133. 
 
 Grey, Earl, administration, i. 531. 
 
 GrisVold, Senator, Electoral count, ii. 413. 
 
 Grundy : argument on State Debts, i. 162; 
 Electoral count, ii. 432. 
 
 Guatemala, Leggett s mission, i. 39. 
 
 Gulf Shore, i. 309. 
 
 Gulf Stream, effect on voyaging, i. 349. 
 
 HAARLEM RAILROAD, frauds, i. 488. 
 
 Habeas Corpus, suspended, i. 332. 
 
 Hall, A. Oakey: election in 1869, i. 467, 
 562; the Tweed frauds, i. 493-500, 570; 
 O Conor s account, i. 501-504; figures, i. 
 505-511 ; Ring defendant, i. 515-551, 573- 
 577, 580, 590 ; dictator, i. 605, 606. (See 
 New York City, etc.) 
 
 Hall, John, allusion, ii. 353. 
 
 Hamburg Canal, ii. 325. (See Canals.) 
 
 Hamilton, Alexander: construction of the 
 Constitution, i. 40, 53; political plans, i. 
 46; Report, i. 47; ebony, i. 54; aristocra 
 tic bias, i. 83 ; Government deposits, i. 138 ; 
 leases, i. 187; influence over Kent, i. 284; 
 his generation, i. 337; opinion of Burr, i. 
 396; conservatism, ii. 489; Jefferson s fear 
 of, ii. 517. (See Banking, United States 
 Treasury, etc.) 
 
 Hampton, Wade: on committee, ii. 530. 
 
 Hancock, John: Message, ii. 479, 480; a 
 founder of the Republic, ii. 533. 
 
 Hancock, W. S., nomination, ii. 355. 
 
 Hand, Dr. , illustration, i. 365, 366. 
 
 Hannegan, Senator, in Baltimore Conven 
 tion, i. 237. 
 
 Hanover, Clay s speech, i. 181. 
 
 Hansard s Register, i. 134. 
 
 Hardenburg Patent, rents, i. 193. 
 
 Hardenburgh s law-case, i. 376. 
 
 Harrisburg Convention, i. 163. 
 
 Harris, Justice, quoted, i. 544. 
 
 Harrison County, Ohio, low prices, *. 133. 
 
 Harrison, William Henry: nomination for 
 the Presidency, i. 101 ;" pledge as to the 
 National Bank, i. 122, 123. 181; election 
 committee, i. 163 ; jubilant , election, 5. 
 165; Electoral count, ii. 417. (See Whig 
 Party, etc.) 
 
 Hart, Emanuel B., Hebrew Fair, ii. 234. 
 
 Hatch s convention questions, i.355, 3G2. 
 
 Hatherley. Lord, legal opinion, i. 539. 
 
 Havana, yellow fever, ii. 69. 
 
 Havemeyer, Mayor: Ring matters, i. 554- 
 560, 591, 592, 598; references in Wick- 
 ham correspondence, ii. 91-94. (Sec 
 Tweed, etc.) 
 
 Hayes, Rutherford B. : Electoral vote, ii. 
 384 ; Florida Electors, ii. 463, 470-473. 
 (See Iteptiblican Party, etc.) 
 
 Hay, product, i. 464. (See Grass, etc.) 
 
 Healis case, i. 524, 541, 542. 
 
 Hebrew Charity Fair, Tilden s visit and 
 speech, ii. 234-236. 
 
 Helm, illustration, ii. 367. 
 
 Hemp, product, i. 464. (See Corn, Wheat, 
 etc.) 
 
 Hendricks, Thomas A. : nomination in 1876, 
 ii. 355, 528, 529; Electoral vote, 384 
 (See Electoral College, Presidency) ; nomi 
 nation in 1884, ii. 528, 529. 
 
 Henry, Patrick, on Slavery, ii. 549. 
 
 HeiiSj rent paid in, i. 190. * (See Poultry.) 
 
 Herkimer Convention, ii. 546. 
 
 Hewitt, Abram S.: a civil word, i. 554; 
 Ring matters, i. 559, 572; Tilden s letter, 
 ii. 380-383. 
 
 Hibbard, George B., Buffalo, ii. 214. 
 
 Hilliard s Abridgment, quoted, i. 173. 
 
 Hilton, Henry, Ring frauds, i. 571, 573. 
 (See Ring, Tweed, etc.) 
 
 Hoar, George F., Electoral count, ii. 428. 
 
 Hoffman, Michael: respect for, i. 249, 250, 
 254; canal matters, i. 272, 354, 355, 359; 
 on Central Park, i. 468; mayor, i. 569, 
 580, 590. 
 
 Hogs: value, i. 357; statistics, i. 461-463, 
 465. (See Beef, Calves, Corn, etc.) 
 
 Holland, early land-grants by the States- 
 General, i. 186. 
 
 Holland, William M., editorship of New 
 York Times, i. 39. 
 
 Honey, product, i. 464. 
 
 Hopkins, Comptroller, Report, ii. 319. 
 
 Hops, product, i. 464. 
 
 Horses: value, i. 457; statistics, i. 401-463, 
 465. (See Cattle, etc.) 
 
 House of Representatives, the Presidential 
 counts, ii. 387-450. (See Congress, Con 
 stitution, Senate, etc.) 
 
 Houses, cost, ii. 261. (See Buildings.) 
 
 Hudson River: freighting establishment, i. 
 134; Van Rensselaer estate, i. 187, 189, 
 190; limit, i. 348; smooth, i. 349; head 
 waters, i. 350; canal company, i. 375; 
 freight, i. 378-381; a limit, i. 408, 419; 
 navigation, ii. 37, 41, 42, 171, 208, 209, 
 250; ferry, ii. 139, 140; asvlum, ii. 162, 
 
586 
 
 INDEX. 
 
 261; placid, ii. 214, 239; a town estab 
 lished, ii. 494; picturesque valley, ii. 508. 
 
 Hugo, Victor, quoted, ii. 491, 492. 
 
 Humboldt, on agricultural profits, i. 151. 
 
 Hungary, in America, i. 450. 
 
 Hunkers, party name, ii. 539. 
 
 Hunnicut, Mr. , a poor substitute, i. 418. 
 
 Hunter Family, leases, i. 193. 
 
 Himtington, Mr., letter to, i. 390. 
 
 Hunt s canal recommendation, i. 250. 
 
 Hydraulics, in the laws, i. 388. 
 
 IGNORANCE, retrograde steps, i. 433. (See 
 Education, Schools, etc.) 
 
 Illinois : agricultural labor, i. 151 ; legal de 
 cisions, i. 208, 209; Southern settlers, i. 
 319; Lincoln s career, i. 338; weight in 
 Congress, i. 404; suffrage deprivation, 
 i. 410; Carpet-baggers, i. 444; activity, 
 ii. 224; law-citation, ii. 481; problem of 
 transportation, ii. 495 ; admission and 
 slavery, ii. 550, 558, 506, 568. (See 
 West, Wheat, etc.) 
 
 Immigrants: to America, i. 410-420; aid to 
 the North, i. 460. (See Germans, Jrish, 
 West, etc.) 
 
 Impeachment : Nature and Object, i. 472- 
 482; difficult} in Tweed case, i. 472. 
 
 Incomes : not to be exceeded, i. 437, ii. 361; 
 Great Britain, i. 455, 456. (See Bankiny, 
 Prices, etc.) 
 
 Incorporations: special, i. 89-98; moneyed, 
 i. 164. 
 
 Independent Treasury: agitation, i. 55-77; 
 Bill, i. 78-87; Act passed, 5. 101; clamor 
 against, i. 122, 123; real beginning, i. 138 ; 
 metallic currency, i. 139-142; effect on 
 business, i. 143 ; repeal, i. 147 ; law of 
 the land, i. 148, 155; allusions, ii. 540, 
 572, 573. (See Banks, Currency, United 
 States Bank, etc.) 
 
 Independent, New York, Sumner letter, i. 
 509. 
 
 India: competition of labor, i. 151; inse 
 curity, i. 152; army, i. 441. 
 
 Indiana: Southern settlers, i. 319; Con 
 gressional weight, i. 404; suffrage depri 
 vation, i. 410 ; Carpet-baggers, i. 444 ; 
 Electoral vote disputed, ii. 407, 408, 436, 
 442; law-case, ii. 479; products, ii. 495; 
 admission and slaverv, ii. 550, 557, 566, 
 568. 
 
 Indian Corn Speech, ii. 485-492. (See Corn.) 
 
 Indians: trade not forbidden, i. 14; annui 
 ties and settlements, i. 66 ; Anti-Renters, 
 i. 187 ; suffrage, i. 412; cost of war, i. 442; 
 War of 1812, ii. 203; Seneca, ii. 210. 
 
 Industry: must be free, i. 152; English re 
 strictions, i. 154-157 ; American rewards, 
 i. 157, 158; variable, i. 195; rights of 
 American, i. 282; Northern and Southern 
 systems,]. 303,396; reanimated, ii. 62. 
 (See Farmers, Southern States, etc.) 
 
 Inflation of currency: evils, i. 118, ii. 10, 
 55; the end, ii. 58. (See Banking, Cur 
 rency, Specie, United States Treasury 
 etc.) 
 
 Ingersoll, James H. : connection with pub 
 lic frauds, i. 472, 495-500, 575 ; figures, 
 
 i. 505-514; law-point, ii. 34. (See Ring, 
 Tweed, etc.) 
 
 Inheritance, laws of, ii. 142-145. 
 
 [nman, John H., International Exposition, 
 ii. 510. 
 
 Insanity: a cause of official change, i. 478; 
 asylums, ii. 160-164, 260 et seq. ; Genesee 
 County, ii. 343. 
 
 Insurance: New York companies, ii. 68-70, 
 273, 274; Bethlehem, ii. 210. 
 
 Intercourse Law, of 1802, i. 13-15. 
 
 Interest, legal rate, i.225. (See Banks, Cnr- 
 ency, Debts, etc.) 
 
 Internal improvements and General Gov 
 ernment, i. 283. 
 
 Internal Kevenue, i. 425. (See Taxation, 
 etc.) 
 
 International Almanac, i. 458, 459, 463. 
 
 Iowa: acquisition, i. 322; activity, ii. 224; 
 admission and slavery, ii. 559. (See 
 West, etc.) 
 
 [reland: agriculture, i. 151; emigrants, i. 
 412-420,^. 308; garrisons, i. 441; income, 
 i. 455 ; municipal reform, i. 540, 541. 
 
 Irish : deprivation of suffrage in America, 
 i. 410; American marriages, i. 413, 419; 
 appeal to, i. 450; less corrupt, i. 488; nat 
 ural claims, i. 491 ; emigrants, ii. 570. 
 (See Democratic Party, Germans, etc.) 
 
 Irrepressible Conflict, phrase invented, i. 
 303. (See Seward, Slavery, South, etc.) 
 
 Irving, Washington: introduction to Til- 
 den, i. preface (xii); Knickerbocker His 
 tory, i. 454. 
 
 Italy, war in, i. 310. 
 
 JACKSON, ANDREW: reference, i. preface 
 (ix, xii, xiii); attitude towards the Nulli- 
 tiers, i. 9-15; re-election, i. 11; Nullifica 
 tion, i. 16-19, 285; relation to Van Buren 
 on this question, i. 20-26 ; opposition to the 
 United States Bank, i. 27-37, 115, 116; 
 Leggett s championship, i. 38; Farewell 
 Address, i. 43; sentiments expressed, i. 
 45, 46 ; spirit of the Constitution, Mars- 
 ville veto, i. 54; on finances, i. 65, 66; 
 representing the masses, i. 77 ; State banks, 
 i. 122, 123; quenches sectionalism, i. 293, 
 294; a Southerner, i. 327; administration, 
 i. 328; compared with Lincoln, i. 329; his 
 generation, i. 337; doctrine, i. 341, 345; 
 beneficent policy, i. 397 ; gift of Slave 
 Power, i. 418; Jacksonian era, i. 422; sa 
 cred traditions, ii. 13, 14; Electoral counts, 
 ii. 400, 416; and Democracy, ii. 514, 515; 
 allegation against, ii. 533; influence for 
 freedom, ii. 559, 565. 
 
 Jackson, Congressman, on Executive De 
 partments, i. 34. 
 
 Jacksonis Amicus, contributions, i. 38-54. 
 
 Jacobin Club, i. 398. 
 
 James I., corrupt times, a comparison, i. 487. 
 
 James II.: expelled, ii. 83; Grafton s reply, 
 ii. 533. 
 
 Jay, John, fears, ii. 83. 
 
 Jefferson, a nom de 2>lume, i. 64. 
 
 Jefferson, Thomas: comparison, i. preface 
 (v, ix, x); Father of Democracy, i. 23; 
 on Cabinet powers, i. 37; construction of 
 
INDEX. 
 
 587 
 
 the Constitution, i. 40, 46, 47, 52; mode 
 Inaugural, i. 42, 406; letter to Judge John 
 son, i. 52, 53 ; Declaration and "Protest 
 etc., i. 52; touchstone, i. 52-54; topaz, i 
 54; on finances, i. 75; on strong govern 
 ment, i. 158; prophetic warning, i. 164, 
 awakened by sectionalism, i. 293, 294; a 
 Virginian, i". 317, 327; his generation 
 i. 337; party-founder, i. 344; beneficeni 
 
 rlicy, i. 397, 500; gift of Slave Power 
 418; surprised by Erie Canal, i. 431 
 system bequeathed,"!. 443, 451; opposec 
 to Centralism, i. 484; on nepotism, i. 487 
 sacred traditions, ii. 13, 14; Electoral Col 
 lege, ii. 392, 397; certificate of electioi 
 as Vice-President, ii. 406, 407; Electoral 
 count, ii. 412, 413; party-lights, ii. 442 
 liberal opinions, ii. 489; "and Democracy 
 ii. 516-518; first election a rescue, ri. 51*9 
 a founder of the Republic, ii. 533 ; 01 
 slavery question, ii. 543, 548, 550. 559, 
 565. 
 
 Jennings, Ring matters, i. 589. 
 
 Jervis, John 13. : canal matters, i. 357, 359, 
 363, 387, 389, 390; letter, i. 392, 393. 
 
 Johnson, Andrew, presidency, i. 341-346. 
 
 Johnson, Judge, letter to, i.*52, 53. 
 
 Jones, George, King matters, i. 588, 589. 
 
 Jones, John W., Congressional teller, ii. 
 417, 419, 420. 
 
 Jones, president United States Bank, i. 123. 
 
 Jones, Samuel, three generations, i. 187. 
 
 Judiciary, the: reorganization in New York, 
 i. 221;" menaced by Congress, i. 406-408. 
 416; reformed, i. 565. (See Supreme 
 Court, etc.) 
 
 Jurisprudence, great defect, ii. 32-34. 
 
 KANSAS: controversy, i. 296; settlers, i. 
 319. (See Slavery] South, United States, 
 ^ etc.) 
 
 Kent, Chancellor: on Corporations, i. 173, 
 174, 177, 187; on Conveyances, i. 217; on 
 Contested Elections, ii. 404, 405. 
 
 Kent, James, conciliation, i. 289. 
 
 Kent, William, letter to, i. 284-330. 
 
 Kentucky: new banks, i. 116, 117; legal 
 cases, i. 208; springing up, i. 316; slavery 
 difficulties, i. 317; suffrage, i. 408; sup 
 plying New York. ii. 376; admission, 
 ii. 568, 570. (See West, etc.) 
 
 Kenyon, Lord, decision, ii. 477. 
 
 Kernan, Francis: canal questions, i. 393; 
 Ring matters, i. 581, 587-590; son, i. 599; 
 senator, ii. 223, 224, 228; husbandman, 
 ii. 229; nomination of Tilden, ii. 354. 
 
 Keyser, in Ring frauds, i. 505-514, 575, 
 o J4 
 
 Kinderhpok Sentinel, Tilden s contribu 
 tions, i. 11. 
 
 King, John A., Anti-Rent troubles, i. 191. 
 
 King, Preston: letter to, i. 297; transient 
 idea, i. 323; word to Tilden, i. 339. 
 
 King, Rufus : Electoral rule, ii. 433, 436, 
 437; Morris s remark, ii. 519. 
 
 Kings County, Charity Board, ii. 328-335. 
 
 Kingstown, Ireland, law-case, i. 541. 
 
 Knickerbockers, illustration, i. 454. 
 
 Kortright Patent, rents, i. 193. 
 
 LABon: wages, i. 149, 150,155; enormous 
 burden of taxation, i. 422-452; peculiarly 
 taxed, i. 431; division of, i. 461. 
 
 La Bruvere, literary comparison, i. preface 
 (vii). 
 
 Lakes: system, i. 351; vessels, i. 368, 372- 
 374, ii. 40, 60; transportation, i. 377; 
 limits, i. 429, 486; inland seas, ii. 37, 38; 
 inland navigation, ii. 214; commerce, ii. 
 232. (See Erie,, Great Lakes, etc.) 
 
 Land-grants: United States, i. 167, 170; New 
 York patroons, i. 186-220; in the North 
 west, ii. 552. (See Grants, etc.) 
 
 Landlords: not fully taxed, i. 154; New 
 York difficulties, i. 183, 186-220; rights, 
 i. 215. (See Anti-Rent, Tenants, etc.) 
 
 Land-sales, i. 425. 
 
 Langdon, John, organization of govern 
 ment, ii. 449. 
 
 Lansing, John, Anti-Rent difficulties, i.191. 
 
 Lansing, N. Y., Seward speech, i. 300, 302. 
 
 Lavoisier, new scientific training, ii. 375. 
 
 LaAv, George, quoted, i. 332. 
 
 Lawrence, on Executive Departments, i.33. 
 
 Leach, Sir John, cited, i. 524. 
 
 Leases: New York patroon, i. 186-220; 
 specimens, i. 189-194; perpetual, i. 190- 
 220; taxed, i. 198-204; cases cited, i. 218- 
 220. (See Anti-Rent Disorders, etc.) 
 
 Leblanc, Judge, decision, ii. 476. 
 
 Lee, Ann, inspiration and leadership, i. 88, 
 
 Lee, General, surrender, i. 397, 425. 
 
 Lee, Ilenrv, on finance, i. 102. 
 
 Legal tenders, ii. 284-295, 363-371. (See 
 Banks, Currency, Specie, United States 
 Treasury, etc.) 
 
 Leggett, William : editorship and relation 
 to Van Buren Inaugural, i. preface (vii, 
 xiii), 38-54; a portrait, i. 39, 40, 48-51; 
 Free Trade, i. 222. (See Democratic 
 Party.) 
 
 Legislation, evils of unequal, i. 153. (See 
 Congress, Constitution, South, etc.) 
 
 Lehigh Canal, i. 363, 384. (See Canals.) 
 
 Lctcher, Congressman, Electoral count, ii. 
 437. 
 
 Levi, Leone: tax-estimate, i. 427; wealth 
 of Great Britain, i. 455. 
 
 Lewis, Morgan, lease, i. 193. 
 
 Lexington, K.y., "the Vatican," ii. 542. 
 
 Liberty: American basis, i. 158; desired in 
 Europe, ii. 227. (See American System, 
 Government, etc.) 
 
 Lincoln, Abraham : opposition to first elec 
 tion, i. 284-330; averting war, i. 285- 
 288; Irrepressible Conflict, i. 303; denun 
 ciations of slavery, i. 307; false position, 
 i. 326, 328 ; a Northern gift, i. 327 ; posi 
 tion compared with Jackson s, i. 329, 330; 
 unwise policy, i. 333-340, 400; Judiciary 
 appointments, 5. 413; Electoral count, ii. 
 422, 423, 438, 439, 444; message, ii. 444, 
 44o. 
 
 ivermore, Congressman : on Executive De 
 partments, i. 33, 35; Electoral count, ii. 
 
 Liverpool, Eng. : law-case cited, i. 532-536, 
 543; voyage, ii. 214; steamer illustration, 
 ii. 3G7. 
 
588 
 
 INDEX. 
 
 Live-stock, i. 461-465. (See Beef, Calves, 
 Hogs, etc.) 
 
 Livingston Family and Manor: Anti-Rent 
 disturbances, i.* 190-193; lawsuit, i. 219. 
 
 Livingston, Chancellor, association with 
 Tilden, i. 317. 
 
 Livingston, Edward : birthplace, i. 317; sec 
 retaryship, i. 345. 
 
 Livingston, Robert R., a founder of the Re 
 public, ii. 533. 
 
 Lockages, table, i. 367. 
 
 Lockport, N. Y. : canal matters, i. 262; 
 valuation, ii. 136, 137; bridge, ii. 323. 
 
 Locks : canal capacity, i. 259-264, 359-393, 
 ii. 41; cost, ii. 170. (See Canals.) 
 
 Lodi, N. Y., canal, i. 364. 
 
 London : Van Buren s official establishment, 
 i. 20; exchange on, i. 106; Statistical 
 Society, i. 456; Hebrews, ii. 236; Clear- 
 ing-House, ii. 284; Morgan s position, ii. 
 494, 498; residence, income, life, ii. 497. 
 (See England.) 
 
 Lord, on Canals, i. 250, 273. 
 
 Lott, John A., quoted, ii. 330. 
 
 Louisiana: plantations tilled by freemen, i. 
 303; growth, i. 316; annexation, i. 322; 
 control of race-relation*, i. 444; violated 
 sovereignty, ii. 75-84; Electoral count, ii. 
 424; disputed vote, ii. 426, 430, 431, 444, 
 445 ; Returning Board, ii. 489 ; Orleans 
 Territory, slavery, ii. 557. (See South, 
 etc.) 
 
 Lumber: low prices, i. 134-137; on canals, 
 
 i. 361. 
 Lyndhurst, Lord, decisions cited, i. 525-551. 
 
 MACEDON, N. Y., canal matters, ii. 180, 181. 
 
 Machiavelli, Adams s adherence, i. 24. 
 
 Macon, Nathaniel : Electoral amendment, ii. 
 442; on Slavery, ii. 565. 
 
 Madison, James :" reference, i. preface (ix) 
 organization of the Treasury, i. 32, 33 
 35; construction of the Constitution, i. 40 
 46, 51; speech, i. 47; a Virginian, i. 317 
 327; generation, i. 337; War of 1812, i 
 396; gift of Slave Power, 5. 418; system 
 bequeathed, i. 443, 445; sacred tradition, 
 ii. 13; Electoral count, ii. 398, 413; Father 
 of the Constitution, ii. 489 (See i. 344 
 345); a founder of the Republic, ii. 533. 
 
 Magazine of American History, i. 332. 
 
 Magna Charta: charters, i. 174; phras< 
 therein, i. 281. 
 
 Magone, Daniel, Jr., canals, ii. 252, 296. 
 
 Maine : State Debts, i. 162; Electoral count 
 ii. 416-419, 428. 
 
 Manhattan Loan Company, ii. 210. 
 
 Maniere, B. F., Ring frauds, i. 571, 573. 
 
 Manning, Daniel : references, i. prefac 
 (iv); party position, ii. 501 ; chairman 
 ship at Chicago, ii. 522-527. 
 
 Manufacturers, English employees, i. 152. 
 
 Maple-sugar, i. 464. (See Sugar.) 
 
 Marble, Manton : services, {.preface (xvi); 
 editorship, i. 513; 
 
 Marcy, William L. : governor, i. 345; asso 
 ciation with Tilden, i. 422; character, i. 
 487, 488. 
 
 Marriage: Shakerism, i. 97-100; Feudal 
 
 ideas, i. 175; Irish and Americans, i. 413, 
 419; release of dower, ii. 149. 
 larshall, Humphrey, Electoral count, ii. 
 
 438. 
 
 larshall, John: citation, i. 178, 179; gift 
 of Slave Power, i. 418; organization of 
 Government, ii. 449; quoted, ii. 556. 
 larshall: nom de plume, i. 55, 56; reply 
 
 to, i. 57-77. 
 Martin, Luther, ii. 553. 
 Maryland: wheat-crop, 5.105; new banks, 
 i. 117; a lawsuit, i. 178; suffrage, i. 408, 
 409; law-cases, ii. 556, 557. 
 Mason and Dixon s Line, i. 414. (See Mis 
 souri.) 
 Mason, Senator: action misstated, ii. 408; 
 
 disclaimer, ii. 410. 
 
 Massachusetts: new banks, i. 116, 117; 
 New York line, i. 190; wheat-fields sur 
 rendered, i. 303 ; marriage and population, 
 i. 413, 419; taxation, i. 426; impeach 
 ment power, i. 475, 479, 480, 482; a Han 
 cock Message, ii. 479, 480; Democratic 
 Association dinner, ii. 499, 500. (See 
 New England, etc.) 
 Maysville, N. Y., Veto Message, i. 54. 
 McAllister, of Georgia, i. 239. 
 Me Alpine s Report, i. 357, 303, 387, 388. 
 McClellan, George B., i. 342. 
 McClernand, John A., convention, ii. 354- 
 
 359. 
 
 McCulloch, J. R.: bank figures, i. 117, 125, 
 quoting Smith, i. 175; lawsuit, i. 178; 
 Reports, i. 425; Tilden s advice, i. 437; 
 errors, i. 439; British statistics, i. 456. 
 McLean, Street Commissioner, i. 569. 
 Mcacham, Joseph, the Shakers, i. 88. 
 Mechanics: convention, i. 78-87; wages, i. 
 
 150. (See Farmers, etc.) 
 Melbourne, Lord, i. 531. 
 Merchant s Magazine, Hunt s, i. 432, 458. 
 Metallic currency, i. 69-77, 139-142. (See 
 Banks, Currency, Gold, Paper Money, 
 Specie, etc.) 
 
 Mexico: absorption, i. 411, 412; failure, i. 
 415; war with United States, ii. 541-543, 
 566, 568. 
 
 Mexico, Gulf of, i. 429, 486, ii. 232. 
 Michigan: disputed vote, ii. 408; Electoral 
 count, ii. 417, 435, 443; slavery and ad 
 mission, ii. 550, 556, 558, 566, 568. 
 Middlemen, cost of, ii. 281. (See Farmers, 
 
 Prices, etc.) 
 Middletown, N. Y., Homoeopathic Asylum, 
 
 ii. 162, 164, 261. 
 
 Militia: New York, ii. 72; War of 1812, ii. 
 203, 204; armories, ii. 210, 265; National 
 Guard, ii. 264, 265. (See Army, Revolu 
 tion, etc.) 
 
 Milk, adulteration, ii. 204, 205. 
 Miller, George S., Ring warrants, i. 508- 
 
 514, 575. 
 
 Miller, Justice, question, i. 536. 
 Mill-privileges, rights reserved, i. 186. 
 Milwaukee, Wis. : Trade Reports, i. 367; 
 
 commerce, ii. 38. 
 
 Minerals: New York rights, i. 186; Living 
 ston Manor, i. 190. 
 
 Mines: speculation in American, i. 124; 
 rights reserved, i. 186. 
 
INDEX. 
 
 589 
 
 Ministry, Shaker, i. 99-101. 
 
 Minnesota, acquisition, i. 322. 
 
 Mississippi: concentration of population,!. 
 311; growth, i. 31G; plantation-hand, i. 
 416, 417; control of race-relations, i. 444; 
 Federal interference, ii. 75-84; Electoral 
 count, ii. 428, 429, 444, 445; admission 
 and slavery, ii. 557, 558, 568. (See South, 
 etc. ) 
 
 Mississippi River: States, i. 316; acqui 
 sition, i. 322; tirst railroad, i. 350; bound 
 ary, i. 408 : business grasped, ii. 495. 
 
 Mississippi Valley : upper, i. 350; soil, ii. 38. 
 
 Missouri: controversy, i. 293, 317, ii. 399; 
 affecting emigration, i. 309; slave line, i. 
 315, 319; growth, i. 316; senators, i. 419; 
 activity, ii. 224; Electoral vote, ii. 399, 
 408, 414, 429, 434, 435, 437, 442, 443 ; ad 
 mission and slavery, ii. 558. 
 
 Missouri Compromise: repeal, i. 285, 296, 
 324, 339, ii. 16; enacted, i. 315. (See 
 Mason and Dixon, etc.) 
 
 Missouri River, limit, i. 348, 419. 
 
 Mitford, Sir John, proceedings in equity, i. 
 525. 
 
 Mobile, Ala., prices, i. 104. 
 
 Mohawk Aqueduct, ii. 187, 196, 255. (See 
 Canals.) 
 
 Molasses, product, i. 464. 
 
 Moliere, anecdote of a critic, i. 40. 
 
 Money: system in United States, i. 57-87; 
 Government relation to, i. 221-231. (See 
 Banking, Currency, Gold, Specie, etc.) 
 
 Monopolies: dangerous, i. 82-87; English, 
 i. 154-156; land, i. 185. 
 
 Monroe, James: averse to sectionalism, i. 
 293; a Southerner, i. 327; gift of Slave 
 Power, i. 418; Electoral count, ii. 399, 
 413-415, 434, 442; on Slavery, ii. 549, 
 559, 565. 
 
 Montezuma, N. Y. : canal, i. 364, 370; junc 
 tion, ii. 179. 
 
 Montgomery Countv, Anti-Rent troubles, i. 
 186, 188, "192. 
 
 Montgomery Family, leases, i. 193. 
 
 Moral suasion, Seward s advocacy, i. 299, 300. 
 
 Morgan, Junius S.: dinner, ii. 493-498; 
 position, residence, life, ii. 497, 498. 
 
 Morris, Gouverneur: centralization, i. 395; 
 on Constitution, ii. 517, 519. 
 
 Morris, Robert, letter from Washington, ii. 
 551, 552. 
 
 Mortgages: in general, i. 145, 198, 201; 
 held by insurance companies, ii. 68. (See 
 Anti-ltent Disorders, etc.) 
 
 Mortmain, i. 94. 
 
 Morton, Senator: unintentional misstate- 
 ment, ii. 408; Electoral count, ii. 429, 440. 
 
 Mules, statistics, i. 461-463. 
 
 Mullin, Judge, opinion, i. 546. 
 
 Municipal abuses: plea, i. 515-551; the in 
 vasion of, ii. 33-37; reform, ii. 119-137, 
 270 quotations from Messages, ii. 330-335. 
 (See New York City, etc.) 
 
 NATIONAL BANK: dead, i. 81; check by 
 Van Buren, i. 102; Whig policy, i. 121- 
 164; regulating the currency, i. 123; en 
 tails convulsions, i. 146; a foreign idea, 
 
 i. 159; subject to Congress, i. 176; nature, 
 taxes, i. 178; many banks better than one, 
 i. 230. (See Banks, Currency, United 
 Stales Bank, etc.) 
 
 National Debt, a blessing, i. 84. (See 
 Debt, etc.) 
 
 National Intelligencer, on pledge of public 
 lands, i. 161, 162. 
 
 Nature: security of mankind, i. 25 ; struggle 
 with disease, "i. 86; laws of trade, i. 144; 
 laws, i. 309; prodigality, i. 350; healing, 
 ii. 62; munificence, ii. 214. 
 
 Navy: executive functions of the Depart 
 ment, i.29, 30: abolished, i. 302; expense, 
 i. 439. 
 
 Negroes : wrongly advanced by Republican 
 Party, i. 399-420; Sumner o*n suffrage, i. 
 409 ; no novitiate required, i. 415; suprem 
 acy in the North, i. 444. (See Slavery, etc.) 
 
 Nepotism in Grant Administration, i. 487. 
 
 New England : extreme ideas, i. 322; family 
 decay, senators, i. 419. (See Eastern 
 State*, Massachusetts, etc.) 
 
 New Hampshire: new banks, i. 116; Pick 
 ering case, i. 480, 481; Electoral counts, 
 ii. 412, 415, 426; disputed vote, ii. 431. 
 
 New Haven, Conn., Jefferson Club, ii. 516- 
 519. 
 
 New Jersey, Bergen case, ii. 475. 
 
 New Lebanon, N. Y. : a revival, Tilden s 
 birthplace, i. 88; the Shakers, i. 88, 98; 
 a campaign speech by Tilden, i. 101-164; 
 prices, i. 134-137. 
 
 New Mexico, slavery, ii. 546. 
 
 New Orleans: new bank, i. 124; prices,!. 
 134. (Sec Louisiana.) 
 
 New World, its banker, ii. 48. (See Old 
 World.) 
 
 New York American, State Debt scheme, i. 
 T 161 % 
 
 New York : Democratic Convention, i. pre 
 face (x-xiii); Van Buren s governorship, 
 i. 20; Democrats and Van Buren, i. 20- 
 26; election of Wright, i. 56; banks, i. 
 59; Convention of Farmers, etc., 1838, 
 i. 78-87; the Shaker agitation, i. 88-98; 
 wheat-crop, i. 105; neV banks, i. 116- 
 118; State debt, i. 159; land-grants, i. 
 167; Revised Statutes, i. 171, 476, 477; 
 corporations, i. 171; public, i. 174; as 
 sertion of power, i. 176; Harrison cam 
 paign, i. 181; Governor Wright, i. 183; 
 landholders difficulties, i. 183-185; Anti- 
 Rent Disorders, i. 186-220; the Assembly 
 documents, 1846, i. 182, 189, 357; policy 
 about debts, i. 200; Constitutional re 
 vision, i. 221-231, 244; Democratic Con 
 vention, 1848, i. 232-247; political dis 
 tricts, i. 235, 236; humiliated, i. 238; 
 canal reform, 1846, i. 248; canal reve 
 nues and relation to the Constitution, 
 i. 248-277: State Treasury, i. 249-277 
 passim; West tributary to, i. 255; di 
 minished credit, i. 256; Prohibition, i. 
 278-283; rye-fields surrendered, i. 303; 
 Revision of the Constitution, 1867, i. 347; 
 Convention of 1846, i. 353, 355, 389, 521; 
 putting crotchets into the Constitution, i. 
 385; comparative Congressional influence, 
 i. 404; suffrage, i. 409, 410; influx of 
 
590 
 
 INDEX. 
 
 voters possible, i. 415; comparison of a 
 New Yorker with a plantation negro, i. 
 416, 417; taxes, i. 424; debt, i. 430, 431; 
 Carpet-baggers, i. 444; senatorial dispro 
 portion, i. 445; impeachment power, i. 
 474-482 ; removal of a Supreme Justice, 
 i. 478; State Convention, i. 483-489; 
 benefits of Democracy, i. 487-489; fraud 
 punished in 1836, i. 488; Tweed corrup 
 tion, i. 490-500; legislatures sold, i. 493; 
 senatorial districts and the Ring, i. 499; 
 the King a State grievance, i. 515-551; 
 usurpation by commissioners, i. 517; Su 
 preme Court and Judiciary Act, i. 521; 
 greatly purified, i. 557; political propor 
 tion in the Assembly of 1857, i. 560; the 
 Convention of 1846*, i. 563; Democratic 
 supremacy restored, i. 566; Rochester 
 Convention, i. 576; Sodom, i. 579; school- 
 system attacked, i. 580 ; Syracuse Con 
 vention of 1874, ii. 9-14; Tilclen governor, 
 ii. 20-23; Message, ii. 23-74; division of 
 party power, ii. 23; population, ii. 24; 
 finances, ii. 25, 26; State institutions, 
 ii. 27; Statute of Limitations, ii. 32; De 
 bates of 1821, ii. 36; canals, ii. 37-50; 
 Convention of 1867, ii. 42, 44, 282; interest 
 in national finances, ii. 50-66; statistics of 
 insurance, education, immigration, etc., ii. 
 67-74; Librarv, Museum, ii. 72; National 
 Guard, ii. 72/264, 265; prisons, ii. 73, 74, 
 261-263; salt, ii. 73, 264; Message on 
 Louisiana outrages, ii. 75-84: Governor s 
 power of removal, ii. 87-94; Constitution 
 of 1777, ii. 88, 125; Canal Abuses, ii. 95- 
 116, 171; municipal reform, ii. 117-137; 
 city growth, ii. 119; Constitution of 1821, 
 ii. 125; elections, ii. 127; tampering with 
 great cities, ii. 134; their valuation, ii. 
 136, 137; amendment ratified, ii. 138; 
 vetoes, ii. 139-212; insane asylums, ii. 
 160-164; private claims, ii. 165"; value of 
 buildings, ii. 163, 261; auditor s pay, ii. 
 166; new capitol, ii. 167, 169, 258/259, 
 315, 316; expense of schools, bounties, 
 asylums, canals, ii. 169 ; reduction of 
 appropriations, ii. 170, 174; 1860-1875, 
 taxation, ii. 172, 174, 215; protections 
 against extravagance, ii. 184, 185; ap 
 propriation tables, ii. 184; violations in 
 canal matters, ii. 188; Prison Veto, ii. 200, 
 201; benevolent societies, ii. 207, 208; 
 courts, ii. 212; Governor s journey and 
 speeches, ii. 213-236; destiny, ii." 216; 
 first in the sisterhood, ii. 224; reduction 
 of taxes, ii. 225 (See Taxation); front 
 rank in commerce and agriculture, ii. 
 229-233; Tilden s Second Message, ii. 
 237-295; scene of military operations, 
 ii. 238; public schools, ii. 239; debts in 
 1876, ii. 240-248; retrenchment, ii. 251 et 
 seq.; taxes, 1874 and 1875, ii. 242-248; 
 asylums, ii. 243; Governor s duty by the 
 Constitution, ii. 249; schools, ii. 265-269; 
 Board of Charities, ii. 269 ; census, centen 
 nial, ii. 270; banking and other protective 
 institutions, ii. 271-274, 282-295; causes 
 of hard times, ii. 274-295 ; Canal Commis 
 sion, ii. 296-306; emigration matters, ii. 
 306-309 ; 1876, vetoes, 310-316 ; Bills 
 
 Not Approved, ii. 317-345 (See Vetoes); 
 Federal taxes, ii. 350; women on State 
 Boards, ii. 352; candidates in Presidential 
 Convention, ii. 354-356; law-cases cited in 
 Florida election difficulties, ii. 475, 476 ; 
 Curative Acts, ii. 480, 481; Robinson s 
 inauguration^ ii. 482-484; administration, 
 ii. 487 ; agriculture once unprofitable, ii. 
 494; Grant support, ii. 499, 500; dele 
 gation in Cincinnati, ii. 501-506; in the 
 wars, ii. 508; delegates to Chicago Con 
 vention, ii. 522; motives of Tilden s gov 
 ernorship, ii. 525; service in purification, 
 ii. 529. 
 
 New York City : public dues paid in paper, 
 i. 74; sale of post-notes, i. 112; new 
 banks, i. 117; Biddle s hurried visit, i. 
 124; increase of circulation, i. 125, 136; 
 overtrading, i. 128; resumption, i. 129; 
 scarcitv of employment, i. 133; prices, 
 i. 134-137; Webster s speech, i. 115-117, 
 137, 162; public, i. 174; Free Trade ad 
 vocates, i. 232; slave-market, i. 303; size 
 of a ward, i. 315; Delmonico s, i. 331; 
 Union Square meeting, i. 340-346; sends 
 Tilden to the Constitutional Conven 
 tion, i. 347; voyages to, i. 349; banker 
 of the New World, i. 351; canal litiga 
 tion, i. 368; canal transportation, i. 379- 
 381; merchandise propellers, i. 383; har 
 bor, i. 384; a forwarder s opinion, i. 390; 
 decides the contest of 1800, i. 396; Na 
 tional Democratic Convention, i. 421; 
 McCulloch s visit, i. 437; Loyal League 
 Club, i. 445; Tweed Charter and amend 
 ments, i. 467-471, 568-570; Police and 
 other Commissions, i. 468-471 ; corrupt 
 courts, i. 473: O Conor s book, Pecula 
 tion Triumphant, i. 501-504; Ring fig 
 ures, i. 505-514; Ring lawsuit, i. 515- 
 551; Tilden s pamphlet on the Ring, i. 
 552-605; to be purified, i. 557; power of 
 mayor, i. 561, 562; reserved Boards, i. 
 568"; control of parks and boulevards, 
 docks, charities, etc., fraudulently man 
 aged, i. 571 ; Committee of Seventy, 
 i. 591; Tweed and the Times, i. 605, 606; 
 purified of the Tweed gang, ii. 9; Del- 
 monico supper, ii. 15-19; State invasions, 
 ii. 35-37; navigation, ii. 40; transporta 
 tion, ii. 44; metropolis, ii. 48; marine ar 
 rivals, ii. 69; immigrants, ii. 70; corre 
 spondence on official removals, ii. 85-94; 
 charter, ii. 89; corruption limited to, ii. 
 95; taxation, ii. 121; charter of 1830, ii. 
 129; Supervisors, a bad system, ii. 136; 
 charter of 1870, ii. 131; of 1873, ii. 132, 
 133; abuses likely to spread, ii. 135; val 
 uation, ii. 136, 137 ; powers of Police Board, 
 ii. 154, 197-199; Marine Court, ii. 198, 
 199 ; pilotage, ii. 211 ; armories, ii. 211, 265 ; 
 fire-alarm, ii. 212; Hebrew Fair, ii. 234- 
 236; debt in 1876, ii. 242; daily banking, 
 ii. 284; Clearing-House, tables, ii. 294; 
 emigration cases, ii. 306; arrivals, ii. 307; 
 convict and pauper labor, ii. 310-316 ; 
 misgovernment, ii. 330; Volunteer Fire 
 men, ii. 337; District Courts, ii. 337,338; 
 arraignment for depression of business, 
 ii. 347; Chamber of Commerce, dinner, 
 
INDEX. 
 
 591 
 
 ii. 346-350; Women s Fair, ii. 351-353 
 steamer, ii. 367 ; ward-inspectors, law- 
 case, ii. 465, 466; Young Men s Demo 
 cratic Association, ii. 485-492; Morgan 
 Dinner, ii. 493-498; in Revolution and 
 War of 1812, ii. 508. 
 
 New York County, fraudulent liabilities, ii. 
 31. 
 
 Niagara Falls, allusion, ii. 535. 
 
 Nicholas, John, Electoral amendment, ii. 
 442. 
 
 Nicoll, Mr., Ring matters, i. 565. 
 
 Niles, on new banks, i. 117. 
 
 Niles s Register, quoted, i. 132-134. 
 
 Nine Million Bill, i. 357. 
 
 Nordhoff, Charles, city reform, i. 567. 
 
 North Carolina: Van Buren meeting, i. 24; 
 wheat-crop, i. 105; Harrison campaign, 
 i. 181; growth westward, i. 316; disputed 
 vote, ii. 431, 444; cession, ii. 553; slaverv 
 question, ii. 555, 568. 
 
 North, Lord, Colonial errors, i. 290. 
 
 Northern States: ignorance of the South, i. 
 304; emigration and slavery, i. 310; Con 
 gressional interferences, i/408; suffrage, 
 i. 409; immigration, i.412; population in 
 1750, i. 414; live-stock, i. 461-463, 465; 
 Electoral count, ii. 412. 
 
 North, the: yielding to patriotism, i. 16; 
 wool-growing, i. 105; laborers, i. 241; 
 Lincoln campaign, i. 291-331; Anti-South 
 agitation, i. 295; divergencies, i. 296; 
 system, i. 396; antagonized in Congress, 
 i. 400; ascendencv, i. 414; cost of the 
 war, i. 451; aided by immigration, i. 460, 
 ii.308; ostracism of Northerners, ii. 544 
 ct sey. (See New Enyland, South. States, 
 
 ^ etc.) 
 
 Northwest, the: prairies and possibilities, 
 ii. 38; activity, ii. 224; connected with 
 Europe, ii. 250; Xort Invest Territory, for 
 mation and slaverv, ii. 550, 557, 558, 566, 
 567-569. (See West.} 
 
 Notary Public, office in counties, ii. 344. 
 
 Nullification : agitation in South Carolina, 
 i. preface (xiii), 9-15; Clay Compromise, 
 i. 16-19; Van Buren s relation, i. 22-26. 
 (See Jackson.) 
 
 Nullifiers, support of a financial measure, 
 i. 75. 
 
 OATS: prices, i. 104, 134-137; product,]. 
 464 ; tolls, ii. 114. (See Grain, Wheat, etc.) 
 
 Obliquity, moral followed by mental, i. 25. 
 
 O Conor, Charles: tribute to Tilden, i. 473; 
 remonstrates with him, i. 490 ; prosecuting 
 the Ring, i. 501-504 : references during 
 Tilden s plea, i. 515-551, 572; allusions, 
 i. 589-599; legislative aid, i. 604; letters! 
 ii. 352. 
 
 Odessa, wheat-product, i. 151. 
 
 Office, propertv in, i. 173. 
 
 O Gorman, Ring frauds, i. 571, 594. 
 
 Ohio: new banks, i. 116; low prices, i. 133 
 -135; Southern settlers, i. 319; Congres 
 sional influence, i. 406; suffrage depriva 
 tion, i. 410; Carpet-baggers, i. 444; trans 
 portation to New York, ii. 495 ; admission 
 and slavery, ii. 550, 559, 568, 570. 
 
 Ohio River: labor, i. 310; slave line, i. 315, 
 316; limit, i. 348, ii. 553. 
 
 Old World: compared with New, i. 424, ii. 
 22; fed from the New, i. 429; despotisms, 
 i. 441; navigation, ii. 40; desire for lib 
 erty, ii. 227; imports from the New, ii. 
 231, 232. (See American System, Eng 
 land, Europe, France, India, New World, 
 United States, etc.) 
 
 Oligarchy, liability to an American, i. 408. 
 
 Oneida Lake: canal expenditure, ii. 100, 
 115; completion, ii. 179, 183; cost, ii. 254, 
 302. (See Canals.) 
 
 Onondaga, N. Y. : canal, i. 364; the Salt 
 Reservation, ii. 145-147; law-records, ii. 
 148; election contest, ii. 152; salt-works, 
 ii. 157-159, 264, 314. 
 
 Ontario, N. Y., town-meeting, ii. 339, 340. 
 
 Opdyke, on taxes in New York, i. 431, ii. 
 350. 
 
 Oregon, slavery in, ii. 546, 566. 568. 
 
 Orr, Alexander E. : canals, ii. 252, 296; on 
 Electoral count, ii. 420. 
 
 Osborn lawsuit, i. 178. 
 
 Osborn, T. W., in Senate, i. 445, 446. 
 
 Oswego Canal: affairs, i. 349, 391, ii. 46, 
 47, 49, 179, 254; bridge, ii. 322. (See 
 Canals.) 
 
 Otsego County, i. 186, 192, 194. 
 
 Ottendorfer, Oswald: views, i. 589. 
 
 Overing Family, leases, i. 193. 
 
 PACIFIC COAST: Chinese immigrants, i. 
 412; exports, i. 430. 
 
 Pacific Ocean, limit, i. 322, 429, 486. 
 
 Pacific Railroad Companv, orders de 
 nounced, i. 564. 
 
 Palmerston, Lord, comparison, i. preface 
 
 Palmyra, N. Y., bridge, ii. 323. 
 
 Panics: in 1820, i. 132-135; in 1854, i. 310; 
 
 after the Civil War, ii. 55-66. (See 
 
 Crisis, Prices, etc.) 
 Paper-money, i. 57-77, 155. (See Currency, 
 
 Monty, Specie, etc.) 
 Parish s price-table, i. 134. 
 Parker, Joel, nomination, ii. 355. 
 Parker, Judge, Jaw-case, i. 376. 
 Parliament: tirade against the Whigs, i. 40; 
 
 property qualifications, i. 83; cost, i.428; 
 
 Reform, i. 531; municipal reform, i. 540; 
 
 Hebrews, ii. 236; Commons privileges, ii. 
 
 398; monarchical majority, ii. 520. (See 
 
 England, Great Britain, etc.) 
 arties, their political use, i. 290-331 pas 
 sim. (See Democratic, Republican, Winy 
 
 Parties.) 
 
 Partnership, faculties, i. 168. 
 Patents, land, New York, i. 191-193. 
 Patroons, land-grants, i. 186-220. (Sec 
 
 Anti-Rent Disorders, etc. ) 
 Paulding, John, descendants, ii. 507-509. 
 Paupers: English, i. 154; in New York, ii. 
 
 28, 269, 270; palaces for, ii. 164; emplov- 
 
 nient veto, ii. 310-313. 
 eabody, George, Morgan s position with, 
 
 ii. 493. 
 
 eabody, Justice, quoted, i. 544. 
 *eas, product, i. 364. 
 
592 
 
 INDEX. 
 
 Peckham, in Ring lawsuit, i. 518, 599, 602. 
 
 Peekskill, N. Y., Academy, ii. 343. 
 
 Pennsylvania: wheat-crop of 1836, i. 104; 
 new banks, i. 117; bank circulation, i. 
 125; United States Bank charter, i. 127; 
 Senate report in 1820, i. 132; canals, i. 
 363; Congressional influence, i. 404; suf 
 frage, i. 409, 410; Carpet-baggers, i. 444; 
 impeachment, i. 475; trust-cases, i. 549; 
 railway companies, ii. 140. 
 
 Pensacola, Fla., yellow-fever, ii. 69. 
 
 Pensions, cost of, i. 403. (See Army, Mil 
 itia, Rebellion, etc.) 
 
 People : versus Tweed and others, i. 515- 
 551; law-point, ii. 34. 
 
 Petroleum, exported, ii. 232. 
 
 Philadelphia, Pa.: club, i. 101; flour-inspec 
 tions, i. 107; rumors about National Bank 
 and specie withdrawals prevented, i. 124; 
 multitudes out of work, i. 133; prices, i. 
 134; weavers, i. 135; convention of 18(50, 
 i. 341-346 ; merchandise propellers, i. 383 ; 
 Centennial, ii. 28 ; slavery question, ii. 
 553. 
 
 Philanthropy : false, i. 312 ; Freedmen 
 problem, L 444. (See Negroes, Slavery, 
 etc.) 
 
 Physiology, higher type, i. 413. 
 
 Pickering," John, impeachment, i. 480, 481. 
 
 Pierce, Franklin, Electoral count, ii. 419. 
 
 Pierrepont, Attorney-General : Mississippi 
 correspondence, "ii. 76-84; humorous 
 speech, ii. 346-348; Tilden s rejoinder, 
 ii. 352, 353. 
 
 Pittsburg Mercury, i. 134. 
 
 Pittsburg, Pa., hard times, i. 133, 134. 
 
 Pittsford, N. Y., canal matters, ii. 182, 183. 
 
 Pitt, William, on the labor-tax, i. 155. 
 
 Plaindealer, The, communications on the 
 Van Buren Inaugural, i. 38-54. 
 
 Platt, Justice, judgment, i. 218, 219. 
 
 Ploughmen, plundered, i. 164. (See Far 
 mers, etc.) 
 
 Plymouth, Eng., law-case, i. 539. 
 
 Poland, in America, i. 450. 
 
 Political Economy: value, i. 428; in Second 
 Message, ii. 237. 
 
 Politics, to be divorced from business, i. 77. 
 (See Democratic Party, etc.) 
 
 Polk,. James K.: election i. 183; Southerner, 
 i. 327; Electoral count, ii. 417, 418. 
 
 Poor-taxes, i. 42(3. (See Paupers, Prices, 
 etc.) 
 
 Population, in Massachusetts, i. 413, 419. 
 
 Pork, prices, i. 104, 136, 137. (See Beef, 
 Calves, Hor/s, etc.) 
 
 Port Byron, N. Y.: canal, i. 366; locks, i. 
 369; wall, ii. 179; cemetery, ii. 343. 
 
 Porter, Ring defence, 5. 522." 
 
 Portsmouth, N. H., Treasury branch, i. 136. 
 
 Postage, specie payments, i! 61, 62. 
 
 Postmasters, Electoral votes, ii. 431, 432. 
 
 Post-notes, adopted, i. 111-116, 129. 
 
 Post-Oih ce, an Executive Department. 5. 
 29. 
 
 Potatoes, product, i. 364. 
 
 Potter, Clarkson N. : Electoral count, ii. 
 428, 429. 
 
 Poultry, rent paid in, i. 186. (See Hens.) 
 
 Powne ll, Sir Henry, on taxation, i. 154. 
 
 Pratt, Attorney-General, introducing Til- 
 den, ii. 9. 
 
 Prescott, Judge, impeachment, i. 479, 480, 
 482. 
 
 Presidency: Jackson s re-election, i. 9, 20; 
 the succession, i. 10; insulted by Cal- 
 hounists, i. 20; contest of 1836, i. 21; of 
 1824, i. 22; vetoes, i. 23; relation to the 
 Treasury, i. 27-37; for life, i.83; canvass 
 of 1840; i. 101: contest of 1848, i. 232- 
 247; Cass candidacy, i. 245; Lincoln s 
 candidacy, i. 284-330; Southern partisan, 
 i. 327; nominations of 1868, i. 394; Burr s 
 ambition, i. 395; questions of policv, 
 and the contest of 1800, i. 396 ; colored 
 voters, i. 409; Chas. Sumner s object, i. 
 410; the nominations of 1808, i. 421; Til- 
 den s advocacy, i. 422-452 ; nominations 
 of 1870, i. 483; low Republican stand 
 ard, i. 487; Cincinnati nominations, i. 
 558; indefinite re-election, ii. 13; Pierre- 
 pont s humorous allusions, ii. 346-348; 
 Tilden s nomination, ii. 354-373; possible 
 election, ii. 381-383; counting the Elec 
 toral vote, ii. 384-450; Presidential counts, 
 ii. 385-403; summary, ii. 446-450; Florida 
 vote, 1876, ii. 453-481; third term, ii. 499, 
 500; (See i. preface xiv); nominations of 
 1880, ii. 501-506; nominations of 1884, ii. 
 522; Tilden s declination, ii. 523-527. 
 (See i. preface iii.) 
 
 Press, the: Tilden s early contributions, 
 i. 10; opposition to Jackson, i. 11, 12; its 
 puritv a safeguard, i. 84 ; circulation of the 
 speech of 1840, i. 101; Whig, i. 162-164; 
 freedom, i. 300; bribery, i. 498: united 
 against the Ring, i. 553 f assent to Tweed s 
 appointments, i. 576; fetters, 5. 580; cen 
 sure in Ring matters, i. 605, 606; in dan 
 ger, ii. 12; call for knowledge, ii. 66. 
 (See Tribune, etc. ) 
 
 Prices: Currency and Wages, i. 101-164; 
 fluctuations, i. 103, 104; in New York, i. 
 221-231; on canals, i. 348-393, ii. 37-50; 
 relation to currency, ii. 53-66; ordinary 
 condition, ii.232; w 1876, as affected by 
 middlemen, ii. 280. (See Money, Tax 
 ation, etc.) 
 
 Priestlev, Dr., ii. 375. 
 
 Prism, in canals, i. 356, 390, 392, ii. 44. 
 
 Prisons: New York, ii. 73, 74; buildings, 
 ii. 164, 261-264 ; reformation, ii. 173; veto, 
 ii. 200, 201; retrenchment, ii. 248; self- 
 support, ii. 312. (See Criminals.) 
 
 Producers, the real interest of, i. 120. (See 
 Fanners, etc.) 
 
 Prohibition, letter, i. 278-283. 
 
 Property: qualification, i. 82, 83; security 
 essential, i. 152, 158. (See Landlords, 
 Taxation, etc.) 
 
 Proprietorship : Anti-Rent troubles, i. 186- 
 220; valuable quality, i. 195. 
 
 Prosser, on Canals, i. 365. 
 
 Protectionists, alliance with Calhoun, i. 20. 
 
 Protective system, Clay s estimate, i. 16. 
 (See Tariff, etc.) 
 
 Providence, R. I., newspapers, i. 136. 
 
 Provisions, prices of, i. 103-164. (See Beef, 
 etc.) 
 
 Prussia, army cost, i. 403. 
 
INDEX. 
 
 593 
 
 Public Debt, a great calamity, i. 164. (See 
 Debt, National Debt, United States Bank, 
 etc.) 
 
 Public Lands, i. 183-185. 
 
 Punctuality in Electoral returns, ii. 453-481. 
 
 Puritans, family decay, i. 419. (See flew 
 England.) 
 
 QUARANTINE : in 1874, ii. 69; retrench 
 ment, ii. 248; in 1875, ii. 264. 
 
 Queen s Bench, cases cited, ii. 465. 
 
 Quotations, imperfectly made, i. 46, 52. 
 
 Quo Warranto: Florida case, ii. 469-474; 
 citations, ii. 477, 478. 
 
 RACES: antagonism, i. 401-420; individual 
 growth, i. 412. 
 
 Raguet, Condy, on finance, i. 101, 102. 
 
 Raikes, Robert, Sunday-schools, ii. 351. 
 
 Railroads : relation to canals in America, 
 i. 348-393 passim ; increase, i. 428, 429 ; 
 constructed during the Civil War, i. 465; 
 bill vetoed, i. 563; network, ii. 48, 49; 
 consolidation plan, ii. 140; elevated, ii. 
 205, 206; county-commissioners, ii. 211; 
 system, ii. 214. 
 
 Randolph, John: an objection, ii. 398; Elec 
 toral amendment, ii. 442. 
 
 Raritan Canal, i. 371. 
 
 Rawle, on the Constitution, ii. 556. 
 
 Reading Railroad, 5. 384. 
 
 Real Estate: grants, i. 166-182; rights of 
 married women, i. 170; Anti-Rent troub 
 les, i. 186-220; titles, i. 204, 205. 
 
 Rebellion, Southern: suppression, i. 285- 
 288; results, i. 397-400; taxes, i. 425- 
 452; human cost, i. 451; Waste of the 
 War, i. 453-466; conquered, i. 484; ex 
 pense needlessly doubled, ii. 57; volun 
 teers, ii. 172; repayment of debts, ii. 380- 
 383; affecting Electoral College, ii. 444, 
 445; a choice of calamities, ii. 520. (See 
 Army, Civil War, South, etc.) 
 
 Reconstruction Act, ii. 445. 
 
 Recording Acts, i. 205. 
 
 Redesdale, Lord, cited, i. 523-551. 
 
 Religion: a Revival, i. 88; separation from 
 business, i. 89-101; equality, i. 92; free 
 dom, i. 94-98, 144. (See God, Shakers.) 
 
 Rensselaer County: Rent troubles, i. 186- 
 189, 194; House of Industry, ii. 341. 
 
 Rensselaerwyck, immense estate, i. 180-189. 
 
 Rents : New York disorders, i. 186-220; how 
 payable, i. 186; distress for, i. 198. 
 
 Republic, American: sentiments of its Fa 
 thers, i. 45; temporary rule of pecuniary 
 interests, i. 166; interests of, ii. 14; early 
 days, ii. 1G; its founders, ii. 533, 540. 
 
 Republican Party: the old, i. 46; financial 
 measure, i. 75; in 1848, i. 243; Lincoln 
 campaign, i. 284-330; anomalous and sec 
 tional, i. 284, 291; ascendency practically 
 foreign, i. 292; moderates, i. 296; in 
 trenched in the Executive, i. 298 ; char 
 acter and policy, i. 299, 300; in the Del- 
 monico meeting^ i. 333 ; Irritating Policy, 
 i. 394-420; crisis, i. 398; usurpations, i. 
 405; deterioration of national statesman- 
 
 VOL. II. 3 
 
 ship, i. 418; Grant nomination, i. 421; 
 Tilden s speech on Republican Misgov- 
 ernment, i. 422-452; personal appeal to, 
 i. 437, 438, 445; omnibus-load, i. 446; re 
 form impossible, i. 446-452 ; Evils of Cen 
 tralism, i. 484-489 ; second Grant nomina 
 tion, i. 483; low official standard, i. 487; 
 mischief in New York, i. 488; in Cooper 
 Institute, i. 490 ; victory against the Ring, 
 i. 554; party passions, i. 557; power in 
 New York, i. 560, 561; aiding the Ring, 
 i. 567, 568; no references to Tweed in 
 Convention, 5. 576 ; acquiescence in Tweed 
 Charter, i. 577, 580, 584; collusion with 
 Ring frauds, i. 605-606 ; corruption in 
 1874, ii. 10-14: defeat in New York, ii. 20; 
 in Assembly, ii. 23; rottenness, ii. 63-66; 
 Louisiana and Mississippi difficulties, ii. 
 75-84; rise above party, ii. 217, 218, 226, 
 232, 233 ; welcoming Tweed, ii. 331 ; in 
 jurious policy, ii. 360-373; misrepresent 
 ing Southern feeling, ii. 380-383; Hayes 
 election, ii. 384-450 ; Senate majority, ii. 
 384; Florida abuses, ii. 453-481; election 
 abuses, ii. 489-492; Grant s third term, 
 ii. 499, 500; military intimidation of Con 
 gress, ii. 520, 521*; Augean stable, ii. 
 529; class legislation, ii. 533; living by 
 their wits, ii. 534; modern name, ii. 543, 
 574; founders, on Slavery, ii. 545 et seq. 
 (See Democratic Party, etc.) 
 
 Returning Boards, ii. 489. (See Louisiana, 
 etc.) 
 
 Revels, Senator, letter to Grant, ii. 78, 79. 
 
 Revised Statutes, quoted, i. 199, 204, 212. 
 
 Revolution, the: Statesmen of the era, i. 
 294; small population, i. 312; a deliver 
 ance, i. 396; ancestral tales, i. 448; Til- 
 den s uncle, i. 449; patriots, i. 452; in 
 New York, ii. 238; memories, ii. 502; 
 Andre" s capture, and other incidents, ii. 
 507-509 ; Jefferson s part, ii. 516 ; ad 
 vanced patriots, ii. 519, 532, 533; Tory 
 allegation, ii. 533; free spirit, ii. 548; af 
 fecting slavery, ii. 549, 561, 562. (See 
 Army, England, Washington, etc.) 
 
 Reynard and the grapes, i. 18. 
 
 Rhode Island: queries to Van Buren, i. 24; 
 new banks, i. 116, 117. 
 
 Rhodes, P. W., Ring exposures, i. 506-514. 
 
 Ricardo, on Currency, i. 102, 229, 230. 
 
 Rice: fields tilled by freemen, i. 303; pro 
 duct, i. 464. 
 
 Richmond County, Storage Company, ii. 
 
 Richmond, State Engineer, i. 357. 
 
 Richmond, Va. : prices, i. 134; "onto,"i. 
 331; freighting, i. 364. 
 
 Rights of Way, reserved, i. 186. 
 
 Ring, Tweed : difficulty of impeachment, 
 i. 472-482; thwarting conspiracy, i. 490- 
 500; arithmetical exposures, i. 501-514; 
 tables, i. 508-514; Tilden s citation of 
 legal authorities, i. 515-551 ; Origin, Ma 
 turity, and Fall, i. 552-605 ; Committee 
 of Seventy, i. 557; division of offices, i. 
 571; two attacks, i. 572; hold on the Ju 
 diciary, i. 581; the attack hopeless, i. 
 586 ; embarrassment, i. 593 ; Address to the 
 Bar Association, i. 602-604; newspaper 
 
594 
 
 INDEX. 
 
 extracts, i. 605, 606; a new one, i. 606; 
 
 ended, ii. 9; not so bad as Republican 
 
 frauds in the South, ii. 13; law-point, ii. 
 
 34; suits, ii. 85-94: origin of abuses, ii. 
 
 117, 217; Tilden s leadership against, ii. 
 
 221; misgovernment, ii. 330; source of 
 
 evil, ii. 346-350. 
 
 Rio de Janeiro, yellow-fever, ii. 69. 
 Roads, taxes for, i. 426. 
 Roane, Spencer, ii. 565. 
 Robinson, Comptroller, sound finance, ii. 320. 
 Robinson. Lucius: inauguration, ii. 482- 
 
 484; administration, ii. 487. 
 Robinson, Randolph, i. 580. 
 Rochester, Eng., disputed vote. ii. 464, 465. 
 Rochester, N/ Y. : prices, i. 131, 134-137; 
 
 Seward s speech, i. 301; canal, i. 370; 
 
 Convention, 1870, i. 483-489, 559 ; Tweed s 
 
 Convention, i. 576; valuation, ii. 136, 
 
 137; drawbridge, ii. 174; bridge, ii. 325; 
 
 Pine Creek Railway, ii. 342. 
 Rock Island Railroad, opening, i. 350. 
 Rocky Mountains : affecting emigration, i. 
 
 309; limit, i. 461, 463. 
 Roman ambition, i. 395. 
 Romilly, Sir Samuel, i. 523 et seq. 
 Ruggles, Samuel B. : projector of State 
 
 Debt scheme, i. 159, 160; canal-commis 
 sion, i. 260, 261, 264, 357, 359. 
 Russell, removed by the Ring, i. 571. 
 Russia: serfdom, "i. 146; paper currency 
 . and labor, i. 156. 
 
 Rye : prices, i. 104. 134-137 ; fields surren 
 dered, i. 303; product, i. 464; tolls, ii. 
 
 114. 
 
 SAFETY-VALVE, illustration, i. 314. 
 
 St. Louis, Mo. : The Democrat, i. 311; Demo 
 cratic Convention, ii. 354-373, 381. 
 
 Salina, N. Y., canal matters, ii. 179. 
 
 Salt: duty, i. 274; springs, ii. 27, 73; On- 
 ondaga, ii. 145-147, 264, 314; retrench 
 ment, ii. 248. (See Vetoes.) 
 
 Sands. Nathaniel, city reform, i. 566. 
 
 Sangamon, 111., conventions, i. 344. 
 
 Saratoga: Conference of Charities, ii. 374- 
 379; in Revolution, ii. 508. (See Hudson 
 River.) 
 
 Savage, Comptroller, quoted, i. 199. 
 
 Savannah, Ga. : as a port, i. 349; law-case, 
 ii.478. 
 
 Savings-banks, New York, ii. 67, 271, 272. 
 (See Currency, Taxation, etc.) 
 
 Schenectady County: rents, i. 186, 188, 
 191; canal-locks, i. 260, 361, 366, ii. 42; 
 valuation, ii. 136, 137 ; fire department, 
 ii. 344. 
 
 Schenectady, N. Y., police, ii. 340. 
 
 Schoharie County, Anti-Rent troubles, i. 
 186, 188, 191, 192. 
 
 Schools: New York educational funds, ii. 
 24; Regents of the University, ii. 265; 
 common, ii. 266-269; Gray Nuns, ii.268, 
 269: excess of appropriation, ii. 320; dis 
 tribution of taxes, ii. 344. (See Educa 
 tion, etc.) 
 
 Schultz, Jackson S-, city reform, i. 567. 
 571, 579. 
 
 Schuylkill Canal, i. 378. (Sec Canals.) 
 
 Science, advancement of, ii. 375. (See Edu 
 cation^ Lavoisier.) 
 
 Scotland, garrisons, i. 441. 
 
 Scott, on Treasury Department, i. 34. 35. 
 
 Scott, Sir Walter* Marmion quoted, ii. 352. 
 
 Scott, Winfield, prediction, i. 332. 
 
 Stcettia, i. 342. 
 
 Secret Accounts, i. 505-514, 587, 588. 
 
 Sectionalism: Republican, i. 284-330; warn 
 ings, i. 293; chronic, i. 297. 
 
 Sedgwick, Theodore, biographer of Leggett, 
 i. 39. 
 
 Seed, ratio to profit of crop, i. 151. 
 
 Selden, Judge, opinion, ii. 338. 
 
 Self-government: politicallv the best, i. 
 290, 291; how shared, i. 411-420; import 
 ance, ii. 34-37; foundations, ii. 66; foun 
 dation of prosperity, ii. 292; common 
 rights, ii. 381. (See American System, 
 Federal Government, Slates, etc.) 
 
 Senate : life-membership, i. 83 ; oligarchy, 
 i. 407, 408; predominance of negro in 
 fluence, i. 445; trial of Pickering, i. 480; 
 seats sold, i. 488; Electoral vote, ii. 387- 
 450; President s duties, ii. 39-3-404. 
 
 Seneca Lake, ferry, ii. 341. 
 
 Seneca River, repairs, ii. 314. 
 
 Seward, William H. : on State Debt, i. 159, 
 160; on United States Bank, i. 181; 
 false predictions, i. 286; moral suasion, i. 
 299-300; opposition to slavery, i. 301-307; 
 encouraging revolution, Irrepressible Con 
 flict, i. 303; lacking master-philosophy, 
 i. 315; Lincoln Cabinet, i. 338; Electoral 
 count, ii. 435. 
 
 Seymour, Horatio: State Assembly, i. 357; 
 nomination to Presidency, i. 421 ;" Tilden s 
 speech, i. 422-452; clubs, i. 444; ability, 
 i. 447, 448; railroad veto, i. 561; Ring 
 matters, i. 588; State Convention of 1874, 
 ii. 9; eloquence, ii. 224; escort, ii. 228; 
 dairyman, ii.22t); Electoral count, ii. 427. 
 
 Shakers : sectarian agitation in New York, 
 i. 88-100; internal rules, i. 96-100. 
 
 Shakespeare, quoted, i. preface (vi). 
 
 Shaw, Charles P., Ring, i. 555, 556. 
 
 Shaw, Chief Justice, Prescott case, i. 479, 
 480, 482. 
 
 Sheep: speculation in, i. 105; low prices, i. 
 134; value, i. 457; statistics, i. 461-463, 
 465. (See Beef, Hogs, etc.) 
 
 Shelter, statistics, i. 4til. (See Buildings, 
 Houses, etc.) 
 
 Sheridan, General, Louisiana legislature, ii. 
 75-84. 
 
 Sherman, Roger, on Slavery, ii. 554. 
 
 Sherman, Senator, Electoral count, ii. 431. 
 
 Shultz, Governor, quotation, i. 13. 
 
 Sigel s election, i. 97. 
 
 Silk cocoons, i. 464. 
 
 Silver, exported, ii. 231, 232. 
 
 Sinking-fund, Erie Canal, i. 269. 
 
 Slander, veto, ii. 201, 202. 
 
 Slave Power; analysis, i. 418; in Territories, 
 etc., ii. 535-574. (See South, etc.) 
 
 Slavery: references, i. preface (x, xiii) ; in 
 District of Columbia, Van Buren s posi 
 tion, i. 38-54; in Russia, i. 146; Baltimore 
 Convention excludes delegates, i. 232-247 ; 
 strong prophecy, i. 232; in connection with 
 
DIVERSITY 
 
 INDEX. 
 
 595 
 
 Lincoln s election, i. 284-330; Republican 
 ism aimed against, i. 299; Seward s an 
 tagonism, i. 299-305; doomed, i. 305 
 geographical restrictions, i. 307-311; in 
 direct influence unfair, i. 313, 314; extinc 
 tion, i. 396, 398; dead, i. 484; Washing 
 ton s and other opinions, ii. 548-574. (See 
 Civil War, Negroes, Rebellion, etc.) 
 
 Slaves: fugitive, i. 302; numbers, i. 308 
 emancipation and evils following, i. 394- 
 420; nominees, i. 408; as property, i. 
 453, 454; valuation, i. 457; repavmenl 
 for losses, ii. 380-383. (See South" etc.) 
 
 Smilie, John, Electoral amendment, ii. 442 
 
 Smith, Adam: on currency, i. 141; Wealth 
 of Nations, i. 175. 
 
 Smith, Arthur E., King exposures, i. 506. 
 
 Smith, E. Delafield, removal from office, ii. 
 85-94. 
 
 Smith, Henry, Ring frauds, i. 571, 573. 
 
 Smith, S., Electoral count, ii. 413. 
 
 Social Science Association at Saratoga, ii. 
 374-379. (See Science.) 
 
 Society for the Diffusion of Political Knowl 
 edge, i. 331. 
 
 Soldiers, appeal to, i. 451. (See Army, 
 Militia, etc.) 
 
 Soft Shells, party name, i. 278. 
 
 South America: political failures, i. 415; 
 yellow-fever, ii. 69. 
 
 South Carolina: defiance of 1832, i. 9; 
 Nullification, i. 10-26, 344; dinner to Cal- 
 houn, i. 20; election in 1832, i. 102; Balti 
 more Convention, i. 238 ; surrender to 
 freemen, i. 303; western growth, i. 316; 
 slave-trade, i. 415 ; Electoral count, ii. 
 444; slavery question, ii. 553, 554. 
 
 Southerners : representation restored, i. 340- 
 346; negroes not brought here by, i. 417; 
 Territorial relations, ii. 543-574; in Revo 
 lution, ii. 548. 
 
 Southern States: opinion about the tariff of 
 1828, i. 9; Lincoln s candidacy, i. 284- 
 331; no Republicans there, i. 291; preju 
 dices, i. 304; the fifteen, i. 308, 311, 326; 
 comparative size, i. 326; proconsular rule, 
 i. 394; military oppression, i. 403; negro 
 supremacy, i. 404; unmanageable com 
 plications, 5. 417 ; ruinous policy in, i. 442; 
 reconstruction dangers, ii. 13. 
 
 South, the: aiding Van Buren, i. 16; sini 
 ster agitation, i. 44; great staple, i. Ill; 
 banks, i. Ill, 113; slavery in the Terri 
 tories, i. 236-247; freemen, i. 241 ; foreign 
 rule, i. 297; emigration, i. 309, 311; op 
 position to Tilden, i. 339; reconciliation 
 after revolt, i. 397-420; suffrage interfer 
 ence, i. 409; renovation, i. 414; Virginia, 
 the South, i. 417; peace desired, i. 443; 
 live-stock, i. 462, 463, 465; destruction of 
 property, i. 465; ports, ii. 37; prostrate, 
 ii. 64; yellow fever, ii. 69 annual out 
 breaks, ii. 76; Federal misgovernment, 
 ii. 279, 282; insupportable misgovern 
 ment, ii. 361, 362; desire for repayment 
 of war-losses, ii. 380-383; pretended 
 Union men, ii. 382; evidence suppressed, 
 ii. 503, 504; prosperity, ii. 511-513. (See 
 Florida, Negroes, North. Rebellion, 
 States, etc.). 
 
 Southwest, the: banks, i. Ill, 113; ele 
 ment of slavery, i. 309. 
 
 Spain: possible invasion by, i. 302; treaty, 
 ii. 557. 
 
 Speaker, the, his official duties and rights 
 in Electoral counts, ii. 389-403. (See 
 Congress, Constitution, etc.) 
 
 Specie: allusions, i. 57-79; amount in cir 
 culation, i.71; run for, i. 139-141; stand 
 ard, i. 142, 144; displaced, i. 155, 156; 
 New York, 5. 227-231; exports, i. 430; 
 redeemable currency, ii. 52-66; expan 
 sion, ii. 285-295; resumption, ii. 320, 363- 
 371, 540. (See Currency, Money, Paper 
 Money, etc.) 
 
 Speculation: in 1836, i. 105-164; by United 
 States Bank, i. 112, 114; stimulated, ii, 
 56; causing depression, ii. 280. 
 
 Spcllman, James J., Elector, ii. 429, 445. 
 
 Spencer, Chief Justice, judgment, i. 219. 
 
 Spencer, John C. : offices, i. 250; on Canals, 
 i. 250-255, 261, 264-277. 
 
 Spier, Ring matters, i. 602. 
 
 Spinner, Secretary, Treasury receipts, i. 436. 
 
 Springfield, III., the lobby, i. 338. 
 
 Standard and Statesman, Tilden s contri 
 butions, i. 28. 
 
 Stanton, Edwin M., i. 286, 287. 
 
 Starkweather, Henry, Ring matters, ii. 85. 
 
 State Debts: project, i. 159, 160; National 
 assumption, i. 161-164. (See Dtbt, Self- 
 Government, etc.) 
 
 State Department: executive powers, i. 29, 
 30; formation, i. 32, 33. (See Cabinet, 
 Constitution, Presidency, etc.) 
 
 State Rights: financial, i. 147, 231; self- 
 government, 5. 290-331; suffrage, i. 405; 
 obliterated, i. 408; suffrage, i. 416; sys 
 tem forsaken, i. 442. (See American 
 System. Ntillification, etc.) 
 
 State Stocks, Webster s advice, i. 161-163. 
 
 States, the; bank-notes,!. 54-77; banks, i. 
 119, 147; reports of committees on the 
 distress of 1820, i. 133; imitation of Gen 
 eral Government, i. 144; contracts with, 
 i. 166, 173; assertion of power over cor 
 porations, i. 176; right of taxation, .i. 
 179; limitation of, rights, i. 180; growth of, 
 new, i. 185; in Baltimore Convention, i. 
 246; restrictions, i. 275; Disunion ten 
 dencies, i. 294-331; duty of self-restraint, 
 i. 305, 306; new, i. 318, 419; interdepen 
 dence, i. 398; new organizations, i. 400; 
 changes in Constitutions, i. 409, 410; 
 stripped of rights, i. 416; the common in 
 terest, i. 428; true economy, i. 437; power 
 of impeachment in Constitutions, i. 474- 
 482: military despotism, i. 485; lobbies 
 in Washington, i. 486; example of New, 
 York, i. 500; duties, ii. 39; Louisiana 
 and Mississippi interfered with, ii. 75-84; 
 duties towards cities, ii. 119-137; sover 
 eignty over, ii. 160; benefited by New 
 York, ii. 224; legal machinery, ii. 305; 
 immigrant settlement in new, ii. 308; 
 public debts, ii. 380; Electoral College, ii. 
 387; its meetings, ii. 395; order in the 
 count, ii. 412, 418; disagreement in sena 
 torial election, ii. 441 ; objections to Elec 
 toral counts in twenty -one, ii. 446; 
 
596 
 
 INDEX. 
 
 Electoral counts, ii. 454-481; inter 
 ferences, ii. 489-492; false counts, ii. 
 503; signatures to Tilden resolutions, ii. 
 529, 530; slavery in new, ii. 542-574; 
 constitutions, ii. 547 et seq. (See Central 
 ization, Congress, Federal Government, 
 General Government, South Carolina, 
 etc.) 
 
 State, the: divorced from the Bank, i. 79- 
 87; and the Church, i. 143; castes ex 
 cluded, i. 411. 
 
 Staten Island, dock, ii. 207. 
 
 Stearns, Governor, Florida election, ii. 470. 
 
 Stebbins, Ring frauds, i. 571. 
 
 Stenography, ii. 210. 
 
 Stern, King" matters, ii. 91-94. 
 
 Stevens, on Canals, i. 250. 
 
 Stevens, Thaddeus : claim, i. 408 ; Electoral 
 returns, ii. 425. 
 
 Stocks: sent abroad, i. 108; held by insur 
 ance companies, ii. G8-70. (See State 
 Stocks.) 
 
 Stokes, James, generosity, ii. 351-353. 
 
 Stone, Congressman, on Slavery, ii. 553. 
 
 Stone, Win. L., editorship, i. 12. 
 
 Story, Judge: on charters, i. 169, 173; 
 franchise and property, i. 174; Commen 
 tary, i. 177; decisions, i. 208; Amistead 
 cas e, ii. 463, 464; on the Constitution, ii. 
 556, 557. 
 
 Strait-jacket, illustration, i. 432. 
 
 Stuart, canal questions, i. 387, 389. 
 
 Sub-Treasury, i. 80. (See Independent 
 and United Stales Treasury.) 
 
 Suffolk Farmers, i. 138. 
 
 Suffrage : for negroes, i. 394-420; Congres 
 sional interferences, i. 404-420; suggested 
 deprivation, i. 410. (See Negroes, South, 
 etc.) 
 
 Sugar: fields surrendered, i. 303; crops, 
 i. 464. 
 
 Sullivan County, Anti-Rent troubles, i. 186, 
 192, 193. 
 
 Sumner, Charles, political claims, i. 408- 
 410. 
 
 Sun, New York : Ring frauds, i. 571 ; Tweed 
 Charter, i. 606 ; editorship, ii. 12. 
 
 Supreme Court: Jackson s interference, i. 
 13-15; peculiar cases, 5. 175; on National 
 Bank, i. 178; Anti-Rent questions, i. 206- 
 210; decisions in cases, i. 208, 209; pro 
 posed reorganization, i. 302; Congres 
 sional interference, i. 407; Judge Grier s 
 opinion, i. 520, Ring matters, i. 592, 
 598; immigration, ii. 309; adjudication in 
 war-claims, ii. 382; Amistead case, ii. 
 453, 464. 
 
 Swayne, Judge, Ring matters, i. 592. 
 
 Sweeney, Peter B. : Tweed frauds, i. 494- 
 500; O Conor s arraignment, i. 501-504; 
 figures, i. 505-514; parks, i. 571, 573- 
 576, 581, 592; dictator, i. 605, 606; law- 
 point, ii. 34. (See Ring.) 
 
 Syracuse, N. Y. : Democratic Convention, i. 
 234, 245; canal matters, i. 262, 364, 369, 
 370, ii. 159; Convention of 1874, ii. 9-14; 
 valuation, ii. 136, 137; armorv, ii. 165; 
 cellars, ii. 177; bridge, ii. 178, 323; Gov 
 ernor s visit and address, ii. 219-222; Mer 
 chants Bank, ii. 314. 
 
 TAINTOR, Ring investigations, i. 562. 
 
 Talmadge, N. P., chairman, i. 341. 
 
 Tammany Hall : Convention in 1838, i. 78- 
 87; gang, i. 559, 574, 575, 583; tyranny, 
 i. 606. (See Democratic Party.) 
 
 Tauey, Roger B. : subservience to Jackson, 
 i. 27; legal decision, i. 208, 209. 
 
 Tannahill, Robert, International Exposition, 
 ii. 510, 511. 
 
 Tariff: Acts of 1828 and 1832, i. 9, 15; high, 
 i. 46; in 1846, i. 244; sectional issue, i. 
 293; for luxury, ii. 11; allusions, ii. 540, 
 565. (See Protection.) 
 
 Tarry town, N. Y., Andre centennial, ii. 
 507-509. 
 
 Taxation: of English labor, i. 152-156; of 
 banks, i. 178, 179; of New York patroon 
 land, i. 190-194, 198; double, i. 199, 201; 
 half-mill, i. 274; on railways, i. 355; en 
 tailed by the Rebellion, i." 402-420; in 
 the United States, i. 421-452; local, i. 
 425-431 ; in 1874. ii. 11 ; in New York, ii. 
 25, 26; remedy, ii. 34-37; canal matters, 
 ii. 114-116; municipal, ii. 117-137; re 
 duction, ii. 168-174, 215, 225, 226; rates, 
 ii. 172; indirect, ii. 173; for canals, ii. 
 194, 317-328; reforms, ii. 231-233, 240- 
 248, 251; burden decreased, ii. 263,264; 
 excessive, ii. 276-280; unskilful, ii. 279; 
 in 1874 and 1876, ii. 318; reduction, ii. 
 320; county collections, ii. 343; Tilden s 
 reduction, ii. 354; needed reform, ii. 359- 
 361. 
 
 Taxpayers, in the Ring cases, i. 519, 520. 
 
 Taylor, Electoral count, ii.436. 
 
 Taylor. John W., parliamentarian, ii. 398, 
 415. 
 
 Taylor, Zachary: war, i. 285; election, i. 
 324; a Southerner, i. 327; Electoral count, 
 ii. 418. 
 
 Tazewell, Electoral teller, ii, 400, 415, 416. 
 
 Tea, price, i. 134. 
 
 Teachers, instruction of, ii. 343. (See Edu 
 cation, Schools.) 
 
 Teams, rent paid with, i. 186. (See Rents.) 
 
 Temperance, Coercive, i. 278-283. 
 
 Tenants: Anti-Rent troubles, i. 186-220; 
 compromises, i. 197. (See Farmers, etc.) 
 
 Tennessee: new banks, i. 117; growth, i. 
 316; in the Union, i. 346; senators, i. 
 419 ; supplying New York, ii. 376 ; Elec 
 toral returns, ii. 424, 444 ; slavery, ii. 
 568. 
 
 Tenures, Act concerning, i. 203-205. 
 
 Territories: slavery in the Free, i. preface 
 (x), 234-247; exclusion from, i, 299, 307- 
 330; slavery in, ii. 542-574. (See Mis 
 souri Compromise, States, etc.) 
 
 Testimony of Christ s Second Appearing, 
 quoted, i. 100, 101. 
 
 Testimony, oral, i. 205. 
 
 Texas: border, i. 309; growth, i. 316; anti- 
 Texas meeting, i. 322, 323; savannas, ii. 
 376 ; Electoral count, ii. 429, 430, 444, 
 446. 
 
 Thayer, Commissioner, on canal bids, 11. 
 106. 
 
 Thaver, Senator, loyalty in Ring matters, 
 i. 606. 
 
 Theatre, a comparison, i. 496. 
 
INDEX. 
 
 597 
 
 Thomas, Electoral count, ii. 432. 
 
 Thompson, Poulett, bank statistics, i. 117. 
 
 Thurman, Allen G., nomination, ii. 355. 
 
 Tilden, Samuel J. : literary style, I. preface 
 (vii-ix); introduction to Irving, i. pref 
 ace (xii) ; law-cases, i. preface (xv) ; 
 (1833) youthful authorship, i. 10 ; on 
 Nullification, i. 11-19; defence of Van 
 Buren and his relation to the Nullifiers, 
 i. 22-26; (1834) the Executive and the 
 Treasury, i. 27-37; (1837) defence of Van 
 Buren against Leggett, i. 38-54; portrait 
 of Leggett, i. 40; defence of Van Buren s 
 First Message, i. 55-77; (1838) Tammany 
 Address, i. 78-87; banking resolutions, i. 
 87; (1839) birthplace, i. 88, 187; on the 
 Shakers, i. 88-101 ; (1840) campaign 
 speech, i. 101-164; (1841) on United States 
 Bank charter, i. 165-182; (1845) Assembly 
 candidate, friend of Wright, i. 183; letter 
 on public lands, i. 183-185; (1846) in the 
 Legislature, i. 187; Report on Anti-Rent 
 Disorders, i. 188-220; Constitutional Con 
 vention, i. 221; speech on Currency and 
 Banking, i. 221-231; (1848) Baltimore 
 Convention, New York Convention, 
 232, 233; Free Soil Revolt, i. 233-247; 
 (1851) letter on the Canal Question, i. 248 
 -277; respect for Hoffman and Wright, 
 i. 249; (1855) Temperance position and 
 letter, i. 278-283; (I860) Lincoln s candi 
 dacy, i. 284; Kent letter, i. 285-330; fore 
 sight, i. 285, 286 ; personal friends on the 
 Evening Post, i. 321; (1863) speech at 
 Delmonico s, i. 331; consequent letter, 
 i. 333-340; opposition to repeal of Mis 
 souri Compromise, i. 345; (1867) op 
 poses the enlargement of Erie Canal, 
 i. 347-393; delegate to the Constitu 
 tional Convention, i. 347; vast clientage, 
 i. 348; speech at opening of Rock Isl 
 and Railroad, i. 350; canal litigation, i. 
 368-376; (1868) arraignment of Repub 
 lican policy in New York Convention, i. 
 394-420; trip to Washington, i. 402; Sey 
 mour and Blair campaign, a speech In 
 Columbia County, i. 421-452; advice to 
 McCulloch, i. 437, ii. 361; earl v Columbia 
 speeches, i. 437; tales of the Revolution, 
 i. 448, 449; Butts letter, i. 453; Waste of 
 the War, i. 453-466 ; (1870) speech before 
 the New York Senate Committee against 
 the Tweed Charter, i. 467-471; (1872) 
 speech before the Senate Judiciary Com 
 mittee on the Impeachment of Tweed and 
 others, i. 472-482; (1871) State Conven 
 tion, speech on the Evils of Federal Cen 
 tralism, i. 483-489; Chairman of State 
 Committee, i. 490; address at Cooper In 
 stitute, i. 491-500, 556, 572; single-handed 
 protest, i. 493; Ring troubles, i. 501-504; 
 Figures that could not Lie, i. 505-514; 
 (1872) the Ring a State Grievance, cita 
 tion of legal authorities, i. 515-551; (1873) 
 New York City Ring, its Origin, Maturi 
 ty, and Fall: replv to newspaper charges, 
 i. 552-605; a Mephistopheles, i. 558; 
 leadership, i. 563, 585; personal relations 
 to Tweed gang, speeches in Circuit Court, 
 i. 564 ; aid against the Ring sought, i. 
 
 567; threatened by Tweed, i. 569; no in 
 fluence, i. 579; single-handed protest, i. 
 582; attempts to bribe, i. 583; campaign 
 plan, i. 584; demand on State Conven 
 tion, i. 594; policy assailed, i. 597; address 
 to Bar Association, i. 602-604 ; service in 
 purifying New York, ii. 9, 221; (1874) gu 
 bernatorial nomination, ii. 9-14; speech on 
 Administrative Reform, ii. 10-14; Demo 
 cratic Club, address on Political Duties of 
 Young Men, ii. 15-19 ; Governor-Elect, 
 ii. 15-19; (1875) election and inaugura 
 tion, ii. 20-23; First Message, ii. 23-74, 
 195, 245, 303, 332, 333, 366 (See i. 102); 
 finances, ii. 23-27; Census, ii. 27; Chari 
 ties, Centennial, ii. 28; Constitutional 
 amendments, ii. 28, 29; new laws needed, 
 ii. 28-37; canals, ii. 38-50, 97, 102, 105; 
 currenc} , etc., ii. 51-64 ; Constitutional 
 Amendments, ii. 64-66; banks, insurance, 
 etc., ii. 65-70; charities, schools, ii. 71; 
 military library, ii. 72; salt, ii. 73; prisons, 
 ii. 73, 74; Special Message, ii. 75-79, 195, 
 245, 251, 303-305, 333, 334; on the Vio 
 lated Sovereignty of Louisiana, ii. 80-84; 
 correspondence with Mayor Wickham, ii. 
 85-94; Removals from "Office, ii. 87-94; 
 investigation of canal affairs, ii. 95; Canal 
 Message, ii. 95-116, 171, 187, 188, 215, 
 255, 296, 298; Municipal Reform Mes 
 sage, ii. 117-137; Veto-messages in 1875, 
 ii. 138-212 (See Vetoes); Memoranda, ii. 
 157-212; vacation trip, ii. 213-236; Buf 
 falo, ii. 213-218; Syracuse, ii. 219-222; 
 Utica, ii. 223-227;" Central New York 
 Fair, ii. 228-233 ; trained among farmers, 
 ii. 230; Hebrew Fair, ii. 234-236; (1876) 
 Second Message, ii. 237-295, 303, 313, 
 320, 366 (See i. 102); schools, ii. 239; 
 debts, ii. 240-248; Constitutional changes, 
 ii. 249; canals, ii. 250; retrenchment, ii. 
 251-295; prisons, ii. 261-263; salt springs, 
 quarantine, ii. 264; National Guard, ii. 
 264, 265; colleges, ii. 265, 266; State Li- 
 brarv, ii. 266; public schools, certificates, 
 ii. 266-269; Charity Board, ii. 269; pau 
 pers, ii. 269, 270, 312; Census, municipal 
 debts, Centennial, ii. 270; banking, ii. 271 
 -273, 282-295; trust-companies, ii. 272; in 
 surance, ii. 273, 274; business depression, 
 causes, ii. 274, 275; bad taxation, ii, 276 
 -279; Government waste, ii. 279, 282; 
 speculation, ii. 280; middlemen, ii. 281; 
 Canal Commission, answer to the Senate, 
 ii. 296-300; Additional Results, ii. 301- 
 305; to the Senate, on Emigration, ii. 306 
 -309; vetoes in 1876, ii. 310-316 (See 
 Vetoes); Bills Not Approved, itemized, 
 ii. 317-345 ; Chamber of Commerce speech, 
 ii. 346-350; Address at Fair of the Young 
 Women s Christian Association, ii. 351- 
 353; dream, ii.353; Presidential nomina 
 tion, ii. 354-356, 482; reply, ii. 357-359; 
 acceptance, ii. 359-373; w elcome to the 
 Social Science Association, Chanty, ii. 
 374-379; Hewitt letter, War Claims* and 
 Rebel Debt, ii. 380-383; Counting the 
 Electoral Vote in 1877, ii. 384-450; Flor 
 ida Electoral Vote, ii. 453-481; Tilden 
 Electors, ii. 456-473; (1877) address to 
 
598 
 
 INDEX. 
 
 Governor Robinson, ii. 482-484; Indian 
 Corn speech, ii. 485-492; trip abroad, 
 ii. 485; Morgan dinner, ii. 493-498; 
 uncles as farmers, ii. 494; Van Buren s 
 will, ii. 49G, 497; (1878) Massachusetts 
 dinner, ii. 499; (1880) Republic or Em 
 pire? ii. 500; Cincinnati Convention, ii. 
 501; refusal of re-nomination, ii. 502- 
 
 - 506 (See i. preface i, iii); presiding at 
 Andre Centennial, ii. 507; remarks, n. 
 508, 509; (1881) invitation to Atlanta 
 Exposition, ii. 510; letter, ii. 511-513; 
 (1882) letter to Iroquoia Club, on Jackson 
 and Democracy, ii.514, 515; New Haven 
 letter, Jefferson, ii. 510-518; (1884) a 
 second Chicago letter, corrupt ways, 11. 
 518-521 ; Chicago Convention, ii. 522, 528 
 -531; letter declining re-nomination, ii. 
 523-527; motives in accepting State and 
 National nominations, ii. 525 ; lesson 
 learned in three years of municipal re 
 form, ii. 526; advancing years, ii. 525, 
 526; Graystone, ii. 530; Resolutions and 
 replv, ii." 532-534; interviews with Van 
 Bur en, in 1848, ii. 535, 536; general views 
 on Slavery, ii. 537-574 ; special utterances, 
 ii. 563, 564. 
 
 Times, New York : contributions, i. 38-54; 
 debt of gratitude, i. 496, 498; charges 
 against Tilden, i. 552-605 ; knowledge of 
 Tweed plans, i. 605, 606. 
 
 Titles, vested in tenants, i. 214. (See Ten 
 ants, etc.) 
 
 Tobacco, product, i. 464. 
 
 Toledo, Ohio, freights, i. 377. 
 
 Tolls, canal, ii. 45, 46. (See Canals, etc.) 
 
 Tompkins, Daniel I).: legal device, ii. 125; 
 Electoral count, ii. 414, 415. 
 
 Tonawanda, N. Y. : Rescue Company, ii. 
 150; bridges, ii. 325. 
 
 Tooke, Thomas, finances, i. 102. 
 
 Toombs, Senator, on disputed votes, ii. 409, 
 421. 
 
 Tories, in Revolution, ii. 533. 
 
 Touchstone, Jeffersonian, i. 52-54. 
 
 Towing Company, superintendent, i. 383. 
 
 Tracy, M. Destutt, Jefferson s letter to, i. 
 37. 
 
 Trade: connection with currency, i. 57-77 
 passim. 85; with prices, i. 105-164; over 
 trading, ii. 280. 
 
 Traffic, farms forsaken for, i. 105. 
 
 Tramps, ii. 269, 270. 
 
 Transit, canals and railways, i. 348-393. 
 
 Transportation: cost, ii. 43; gains, ii. 494- 
 496. (See Canals, etc.) 
 
 Treasurv, Secretary of : on Tariff of 1832, 
 i. 15; Report of 1836, i. 68; Tilden s ad 
 vice, ii. 361. 
 
 Treasury, United States : removal of Gov 
 ernment funds, i. 27-37; relation to the 
 Executive, i. 28-37; department ^ insti 
 tuted, i. 32; Independent, i. 55-77 ; as 
 sisting United States Bank, i. 127; im 
 aginary existence, i. 138; cost of the 
 armv,"i. 401-404 ; taxes necessitated by 
 the Rebellion, i. 425-452; Reports, i. 425- 
 430, 434-446; Census reports, i. 454; 
 Waste of War, i. 455-466; notes, ii. 57- 
 66; barometer, ii. 62; War of 1812, ii. 
 
 203, 204 ; excess, ii. 288, 289 ; tables, ii. 
 293; summary of issues, etc., ii. 294, 295; 
 Pierrepont s "allusions, ii. 348; bonds, 
 coin, etc., 1876, ii. 363-371; danger, ii. 
 382, 383. (See Banks, Cabinet, Currency, 
 Independent Treasury, Money, Paper 
 Money, Specie, etc.) 
 
 Tribune , New York: political ideas, i. 408; 
 Greeley, i. 567; Ring exposures, i. 571; 
 Tweed" Charter, i. 606. 
 
 Troy, N. Y.: navigation, ii. 41, 43; tolls, 
 ii. 45; valuation, ii. 136, 137; fire com 
 missioners, ii. 211; bridge, ii. 323. (See 
 Hudson River.) 
 
 Trumbull, Lyman, Electoral count, ii. 423, 
 425, 428, 429, 438. 
 
 Trustee in canal cases, i. 252. 
 
 Trusts: permanent, i. 90-98; companies, ii. 
 272. 
 
 Tucker, Professor, on finances, i. 455. 
 
 Turkev, insecurity there, i. 152. 
 
 Turnpike, tolls, i." 427. 
 
 Tweed, Wm. M. : allusions, i. preface (xiv); 
 Charter amendment, i. 467, 493, 503, 568, 
 570; Tweed impeachment, i. 472-482; 
 conspiracy, i. 493-500; assaults, i. 501- 
 504; figures, i. 505-514; tables, i. 508- 
 514; legal citations, i. 515-551; Tilden s 
 pamphlet historv, i. 550-601; threatening 
 Tilden, i. 569; Commission of Public 
 Works, i. 570, 573, 578, 580-584; dictator, 
 i. 605, 606; punishment, ii. 9; law-point, 
 ii. 34; lawsuits, ii. 85, 91, 117; charter, ii. 
 330-332. (See New York City, Ring, 
 
 Tweed, Wm. M., Jr., in the Ring, i. 502. 
 Tvler, John S. : candidacy, i. 181; admm- 
 "istration, i. 236. 
 
 ULSTER COUNTY, Rent troubles,}. 186, 192. 
 
 Underwood, a poor substitute, i. 418. 
 
 Union League Club: city reform, i. 567, 
 571, 573; Tweed Charter, i. 606. 
 
 Union: preserved by Jackson, i. 9-15; un 
 dervalued by Clay, i. 16-19; Jackson s 
 estimate, i. 43; two great parties, i. 83; 
 permanent interests, i. 243; its dangers, 
 i. 284-322, 327; Seward on, i. 301; condi 
 tion of States at the formation, i. 305, 306 ; 
 equality of slaveholders, i. 313; perils, i. 
 333-340; cost of restoration, i. 346, 403; 
 principle of self-government, i. 402; cost 
 of reconstruction, i. 442 ; fractional rule< i. 
 443: soldiers and human cost, i. 451; Re 
 publican maintenance, ii. 13; organic law, 
 ii.65; buried strifes, ii. 65, 66; common 
 wealths, ii. 84; Republic, or Empire? ii. 
 500; to be first saved and then repaired, 
 ii. 520: affected by slavery, ii. 543-574. 
 (See Civil War, Rebellion, State Rights, 
 
 United States: Nullification, i. 11-26: Sec 
 retaryships, i. 32-37; finances, i. 55-87; 
 Shakerism, i. 88; prices, etc., i. 103-164; 
 new banks, i. 115-118; industry rewarded, 
 i. 156-158; Bank charter, i. 166-182 land- 
 grants, i. 167 ; comparative extent, i. 284; 
 Lincoln campaign, i. 289-330; formation, 
 i. 395; questions of suffrage, i. 394-420; 
 
INDEX. 
 
 599 
 
 taxation, i. 422-450 ; Republican mis- 
 government, i. 422-450 ; the taxation- 
 rate per head, i. 427; public debt exag 
 gerated, i. 439; ordinary expenditures, i. 
 441; wealth, i. 453-458; Waste of the 
 War, i. 453-46(5; annual savings, i. 457; 
 population, i. 459; statistics of shelter, i. 
 461; food, i. 461-466; evils of centralism, 
 i. 483-489 ; cancer needing removal, i. 
 600 ; needed reform in men and measures, 
 ii. 10-14; population at the beginning, ii. 
 24; financial policy, ii. 50-66; war-claims 
 of New York, ii. 73; interference with 
 Louisiana and other State affairs, ii. 75- 
 84; early taxation, ii. 117; army, ii. 172; 
 reforms," ii. 227; debt, ii. 231-233; He 
 brew equality, ii. 236; shrinkage of 
 wealth, ii. 237; volunteers, ii. 241; 
 general business depression and its causes, 
 ii. 274-295; Attorney-General, ii. 299, 
 300; legal machinery, ii. 305; population 
 and immigration, ii. 307-309; public 
 debt, ii. 380; Presidential elections, ii. 
 384^50; Florida case, ii. 453-481; needs, 
 in connection with Tilden election, ii. 
 487-492; only example of orderly elec 
 tive transfer, ii. 491, 492; growth in the 
 future, ii. 492; agriculture, ii.494; trans 
 portation, ii. 495. (See America, Europe, 
 Treasury, etc.) 
 
 United States Bank: opposed, i. preface 
 (xiii); opposition of Jackson, i. 27-37, 
 history, i. 40; Hamilton s idea, i. 46; 
 separation from Government, i. 55-87; 
 pretensions exposed, i. 103-164; influ 
 ence, i. Ill; speculations, i. 112, 114; 
 difficulties, i. 123, 124, 125, 127; net cir 
 culation, i. 126, 127 ; the Pennsylvania 
 charter, i. 127; suspension, i. 129; affects 
 business, i. 130, 131; a. regulator, i. 138, 
 146,159; bankruptcy, i. 148; charter not 
 irrepealablc, i. 165-182 ; lawsuits, i. 178, 
 179; veto remembered, ii. 514. (See 
 Banks, Currency, Specie, Treasury, etc.) 
 
 United States Gazette, quoted, i. 133, 134. 
 
 United States Treasury. (See Treasury.) 
 
 Utica, N. Y. : Democratic Convention, i. 
 232-247; trip, i. 587, 588,599; valuation, 
 ii. 136, 137; bridge, ii. 176, 177; Tilden s 
 visit and address, ii. 223-227 ; Annual 
 Fair, ii. 228-233; Convention of 1848, ii. 
 537, 543, 573. 
 
 VAN BUREN, JOHN, manuscript, ii. 535, 
 537, 541. 
 
 Van Buren, John D., Jr., canals, ii. 252, 
 296. 
 
 Van Buren, Martin: Leggclt s opposition, 
 i. preface (vii-xiii); Presidential expec 
 tations, i. 10; Presidential elevation, i. 
 16; governorship and national offices, i. 
 20; the NulliHers, i. 22-26; Vice-Presi 
 dency, i. 21, 341 ; frank utterance, i. 24, 44 ; 
 Inaugural Address, i. 38-54; imperfectly 
 quoted, i. 46, 52; regard for literary pro 
 perty, i. 53; First Message, i. 55-77; 
 op ,jsition to National Bank, i. 55-77; 
 qualities, i. 64; Extra Message in 
 J37, i. 78-87; the conspicuous feature of 
 
 his administration, his re-nomination, i. 
 101 ; expiatorv sacrifice, i. 165 ; associ 
 ation with Tilden, i. 316; honor, i. 487, 
 488; Electoral count, ii. 416. 431, 443; 
 will, ii. 496, 497; the Morris mot, ii. 519; 
 manuscript offered to Tilden, ii. 535-537 ; 
 on Slavery, ii. 559, 564. 
 
 Van Cott, hing matters, i. 602. 
 
 Van Rensselaer Family : Anti-Rent troubles, 
 i. 186-189, 191; remiss about collections, 
 i. 197 ; specimen lease, 3. 213, 214. 
 
 Van Schaach, Senator, punished, i. 488. 
 
 Van Wart, Andre s capture, ii. 509. 
 
 Vance, Mayor, precedents, ii. 91-94. 
 
 Varnum, city reform, i. 571. 
 
 Varnum, J. B. : parliamentarian, ii. 398, 
 399, 436, 442. 
 
 Vatican, the Whig, ii. 542. 
 
 Yauvenargues, literary comparison, i. pre 
 face (vii). 
 
 Verplanck Family, leases, i. 193. 
 
 Yerplanck, Senator: Shaker bill, i. 91, 92, 
 98 ; project about State debt, i. 159. 
 
 Vetoes: sustained by Van Buren, i. 23; 
 Jackson s, i. 54; Tilden s Black River In 
 surance Compan} , Phillipstown Ferry, ii. 
 139 ; Railroad Consolidation, ii. 140 ; Rich 
 mond County Storage Company, ii. 141 ; 
 Adoption, ii. l 42-145; Onondaga Reserva 
 tion, ii. 145-147; Onondaga Decrees, ii. 
 148; Dower Rights, Canajoharie, ii. 149; 
 Hook and Ladder Company, Coroner s In 
 quests, ii. 150; Elmira Enactments, ii. 150- 
 153; Chautauqua Camp-Meeting, ii. 153; 
 New York Police Board, ii. 154; Felony 
 trials, ii. 155; Fillmore Avenue, ii. 156; 
 Simon s expenses, ii. 157; Onondaga 
 Salt-springs, ii. 157, 158; Wyoming re 
 payment, ii. 158 ; Erie Canal improve 
 ments, ii. 159, 160; Auburn repayment, 
 ii. 160; Willard Asylum, ii. 160-164; 
 Syracuse Armorv, House of Refuge, 
 BVistol Claim, Cayuga Trial, ii. 165; 
 Cayuga Inlet, Auditor s pay, ii. 166; 
 New Capitol, ii. 167; Tax Reduction, ii. 
 168-174; Canal Expenditures, ii. 174- 
 186; Canal Construction, ii. 186-191; 
 Canal Debt, ii. 191-194; Canal Expenses, 
 ii. 195, 196; Canal Repairs, ii. 196-197; 
 Police Justices, ii. 197-199; Prisons and 
 Penitentiaries, ii. 200, 201; Slander, ii. 
 201, 202; Militia Certificates, ii. 203, 204; 
 Milk Adulteration, ii. 204, 205; Elevated 
 Railways, ii. 205; Protection of Game, ii. 
 206; New Brighton Dock, ii. 207; Be 
 nevolent Societies, ii. 207 ; Hudson River, 
 ii. 208; Town Hall at Fort Covington, ii. 
 209 ; Chemical Corporations, Armories, 
 Seneca Indians, Stenographers, Bethle 
 hem Insurance, Manhattan Loan and 
 Trust Company, ii. 210 ; Pilotage, New 
 York County, Fish, Brooklyn Park, New- 
 York Armories, West Troy Fire Commis 
 sioners, Railroad Commissioners, ii. 211 ; 
 Partition Decrees, Brooklyn Charter, Fire 
 Alarm Telegraph, Court "Proceedings, ii. 
 212; Pauper employment, ii. 310-313; 
 Canal Commissioners", Onondaga Springs, 
 ii. 314; New Capitol, ii. 315, 316; Spe 
 cialized Items, ii. 317-345 ; Canal Sinking- 
 
600 
 
 INDEX. 
 
 fund, ii. 317-323; Canal Contracts, ii. 
 323-328; Kings County Charities, ii. 
 328-335; Canal Awards, ii. 336; Benev 
 olent Fund of the Fire Department, and 
 District Courts in the Metropolis, ii. 337; 
 Local Government, ditto, ii. 338, 339; 
 Ontario Town Meeting, ii. 339, 340; Al- 
 ban\ r Streets, Schcnectady Police, Water- 
 vliet Police Justice, ii. 340; Rensselaer 
 County Board, Vienna Assessment, Sene 
 ca Fern , ii. 341; Alden Commissioners, 
 Rochester Railway, ii. 342; Peekskill 
 Academy, Sale of County Lands, Genesee 
 Insane, Cemetery matters, Instruction of 
 Teachers, ii. 34-3; Hartford School Tax, 
 Glennville Fire Department, Bath-on-the- 
 Hudson, Green County Police Justices, 
 Camden, Notary Public, Buffalo Ferry, 
 ii. 344; Western Agricultural Society, ii. 
 344, 345; Black Lake Drainage, Beaver 
 Creek Sewer, Buffalo Iron Bridge, ii. 345. 
 
 Vienna, N. Y., taxes, ii. 341. 
 
 Vining, on Executive Departments, 5. 35. 
 
 Virginia: States Rights, i. 75; wheat-crop, 
 i. 105; new banks, i. 116, 117 ; hard 
 times, i. 133; Harrison election, i. 181; 
 Baltimore Convention, i. 238, 239; growth 
 west of, i. 316; distinguished sons, i. 317; 
 remonstrance against negro immigration, 
 i. 417; Electoral vote, ii. 444; slavery 
 discussions, ii. 544, 547, 549, 550, 563, 
 566, 568; in the Revolution, ii. 548. 
 
 Virtue, continuous, not possible with mer 
 cenary motives, i. 26. 
 
 WABASH AND ERIE CANAL, engineer s 
 opinions, i. 388. 
 
 Wages: Currency and Prices, i. 101-164; 
 how reckoned, i. 149; real, i. 150; pro 
 portionate tax, i. 154. 
 
 Walker, Amasa: book, i. 426; Economy 
 of Taxation, i. 432. 
 
 Walker, Congressional teller, ii. 417, 418. 
 
 Walker, Henry, chairmanship, ii. 499. 500. 
 
 "Wai worth, Chancellor, on Leaseholds, i. 
 219. 
 
 War Department: General Eaton, i. 20; 
 Executive functions, i. 29, 30; organiza 
 tion, i. 32 ; cost, i. 434-446 ; concealments, 
 i. 436; swayed by Grant, i. 447. (See 
 Army, Civil War^ etc.) 
 
 War of 1812: centralizing effects, i. 396; 
 pensioners, ii. 27, 72, 203, 204, 208 ; New 
 York in, ii. 508. 
 
 Washington City: Treasury removed to, i. 
 36; arrival of Cheeves, i. 124; visit, i. 
 402; State lobbies, i. 486. (See Congress. 
 etc.) 
 
 Washington, George : Farewell Address, i 
 293, 294; a Virginian, i. 317, 327 ; beacon 
 erected, i. 330; generation, i. 337; gift ol 
 Slave Power, i. 418; system bequeathed 
 i. 443, 452, 453, 500 ; sacred traditions, ii 
 13; fears, ii. 83; Electoral College, ii 
 385, 389, 390, 411, 433 ; Association din 
 ner in Massachusetts, ii. 499, 500 ; on 
 Slavery, ii. 548, 559. (See Revolution, etc.) 
 
 Washington, Justice, a decision, i. 208. 
 
 Water-privileges, rights reserved, i. 390. 
 
 Watervliet,N. Y. : Shaker settlement, i. 88 ; 
 
 bridge, ii. 176; police justice, ii. 340. 
 Watson, James, in the Ring, i. 503. 
 Weavers, in Philadelphia, i. 135. 
 Webster, Daniel : policy, i. preface (xiii) ; 
 unusual reticence, i. 24; bank measures, 
 i. 84; on financial disorders, i. 114, 115, 
 118-120; master-spirit of Whig policy, i. 
 122; New York speech, i. 137; tears, i. 
 138; on wages, i. 155; on contracted cur- 
 rencv, i. 156; on laboring-classes, i. 157; 
 English trip, i. 157, 161; financial opin 
 ions abroad, i. 161-163; administration, i. 
 164; condemned, i. 250; dozen "great 
 stakes," i. 330; generation, i. 337; a dis 
 mantled executive, ii. 515. 
 Weights, ii. 212. 
 Welch, on Canals, i. 371, 388. 
 Wells, David A. : commissioner s confes 
 sions, i. 425 ; tax-estimate, i. 427 ; Re 
 ports, i. 432, 433; letter, i. 434, 435, 438- 
 442; partial statements, i. 461; Social 
 Science Association, ii. 377. 
 Westchester County : allusion, ii. 211; 
 
 Andre" Centennial, ii. 507-509. 
 Western House of Refuge: legislation, ii. 
 
 165, 171; speech, ii. 220. 
 Western States, holding Tilden accountable, 
 
 i. 388. 
 
 West Indies, yellow-fever, ii. 69; emanci 
 pation, ii. 562. 
 Westminster Review, on monopolies, i. 
 
 154. 
 
 West Point, in Revolution, ii. 508. 
 West, the: swarms of settlers, i. 105; banks, 
 i. 113 ; depression of times, i. 133 ; tribu 
 tary to New York, i. 255; emigration, i. 
 309 ; railroad enterprises, i. 348; transit of 
 products, i. 353, ii. 39, 42; vision, ii. 214; 
 connection with East, ii. 250, 251. (See 
 Southwest, etc.) 
 
 West Virginia, senators, i. 419. 
 Wheat: prices, 1835-1840, i. 104 et seq. ; 
 failure of crop in 1836, i. 105; fluctuations, 
 i. 105-107; highest price, i. 131; low 
 prices, i. 133-137; Odessa and Baltic, i. 
 151; rent paid in, i. 186, 189-191; fields 
 surrendered, i. 303; on the Ohio, i. 310; 
 freight, i. 381; exports, i. 429; product, 
 i. 466; transportation, ii. 44, 45; tolls, ii. 
 114; export, ii. 231, 232; compared with 
 corn, ii. 487; crop, ii. 512. (See Bread- 
 stuffs, Corn, Taxation, etc.) 
 Wheeler, William II., Electoral vote, ii. 
 
 384, 385. 
 
 Whig Party, America: Calhoun alliance, 
 
 i. 20; aristocratic system, i. 46; financial 
 
 measure, i. 75; nomination of Harrison, 
 
 i. 101; effect of policy on prices, etc. t i. 
 
 121-164 ; effect on labor, i. 159 ; New 
 
 York State debt, i. 159, 160; new National 
 
 Bank, i. 165-182; Press, i. 181; errors, i. 
 
 250; Kent s vote, i. 284; party disbanded, 
 
 i. 326; preceding Republican, i. 500, ii. 543. 
 
 Whig Party, England, assailed, i. 40. 
 
 Whiskey, low prices, i. 134. 
 
 Whites: no appeal from Southern, i. 306; 
 
 abandoned, i. 400; subjected to negroes, 
 
 i. 401; population, i. 414; driven out, 
 
 i. 419. (See Neyrocs, etc.) 
 
INDEX. 
 
 601 
 
 Whittington, Sir Richard, illustration, ii. 
 
 498. 
 Wickham, William H. : Ring matters, i. 
 
 585; correspondence with the Governor, 
 
 ii. 85-94. 
 
 Widows, money of, i. 224. 
 Willers, election, i. 597. 
 Williams, Andre s capture, ii. 509. 
 Williams, Congressman, Electoral count, 
 
 ii. 437. 
 
 Wilson, James, finances, i. 102. 
 Wine, product, i. 464. 
 Wisconsin: activity, ii.224; disputed vote, 
 
 ii. 408-410, 419-422, 435, 437, 443, 446 ; 
 
 admission and slavery, ii. 550, 567, 568. 
 Women: rights of married, i. 170; slander, 
 
 ii. 201, 202; Female charity, ii. 352, 
 
 353. 
 Wood, Sir William Page, legal opinion, i. 
 
 OoU. 
 
 Woodward, Elbert A., his connection with 
 Tweed enormities, i. 472, 483-500, 502- 
 514, 575. 
 
 Wool: cultivation, i. 105, 106; prices, i. 
 136; product, i. 464. 
 
 Working-men: convention, i. 78-87; taxes, 
 i. 154, 155; English wail, i. 433; out of 
 work, ii. 10, 62; sacrificial side of re 
 trenchment, ii. 313. (See Farmers, etc.) 
 
 World, New York: Waste of the War, i. 
 453-466; Marble, i. 567; Ring frauds, 5. 
 571; Tweed Charter, i. 606. 
 
 Wright, Silas: opposition to National Bank, 
 i. 54 ; re-election, i. 56 ; financial meas 
 ures, i. 78; career, corporation rights, i. 
 171; Tilden s friendship, election, i. 183; 
 on Anti-Rent, i. 187; treacherously de 
 feated, i. 244; Tilden s respect, i.*249; 
 association with Tilden, i. 316 ; generation, 
 i. 337; Secretaryship, i. 345; excellence, 
 i. 487, 488; tribute of respect, ii. 22. 
 
 Wyoming County, reimbursement, ii. 158. 
 
 Wythe, George, patriotism, ii. 523. 
 
 YANCEY, of Alabama, i. 237. 
 Yeaman, Electoral returns, ii. 425. 
 Yellow Fever, ii. 69. 
 
 Yeomanry, beggared, i. 164. (See Far 
 mers.) 
 
 Yonkers, N. Y., ii. 530. 
 Young, Arthur, on agriculture, i. 151. 
 Young, Joseph B., Ring frauds, i. 4 J4-500, 
 
 Young, Samuel, rhetoric at Utica, i. 232. 
 Young, Senator, punished, i. 488. 
 Young Men s Democratic Club, address, 
 ii. 15-19. 
 
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