Letters and Literary Memorials of Samuel J. Tilden, v. 1 — Context and Discussion

Nor was he less efficient in baffling mischievous schemes. The Democratic organization of Tammany Hall, reorganized, after the overthrow of Tweed, under the leadership of John Kelly, an able and not dishonest partisan chief, demanded from the Democratic majority in the legislature the passage of laws designed to secure to that organization a more complete control of the municipal patronage. Governor Tilden refused to lend his countenance to this policy, and the imperious leader undertook to force him into acquiescence by forming a combination in the legislature with the numerous adherents and stipendiaries of what was known as the Canal Ring. That coterie of men, powerful in both parties, had already scented the peril to their practices threatened by the Governor's reformatory plans, and were only too willing to join in a warfare against him. He suddenly found himself in danger of being deserted by a majority of his own party. The Democratic Speaker of the Assembly took the floor, and arraigned him as unfaithful to the Democracy of the State. He had long before seen the possibility of this combination against him, and had sought by the practice of all the conciliatory arts, of which he was a thorough master, to prevent it. When it came, he was not daunted by it, but boldly went behind his enemies to the constituencies which they were betraying. They soon found that they were dealing with an adversary who possessed resources which they had not taken into account. Most of them abandoned their opposition. The rest were severely dealt with by their constituents.

Never were the possibilities for good of a great office like that of Governor of New York so happily developed and displayed. In the course of an administration of two years, an enormous reduction in taxation was effected; the administrative system in every department was improved; the lobby was almost dispersed; and at the same time the Governor, in his communications with the public through his annual messages, his veto messages, and speeches upon official and other public occasions, was furnishing to the people of the State, and indeed of the whole country, a nearly complete exposition, theoretical and practical, of the whole work of public administration. I have never read a state paper which equals his second annual message in the power and ease with which it treats of the principles upon which government should be conducted, or in the order and perspicuity with which it arranges and sets forth the details of public business. In this paper he considers at much length the then depressed condition of business, its causes, and the proper remedies. It may be thought--was thought at the time by some--that this was going beyond the domain of state affairs in order to make an ambitious display of knowledge upon the larger concerns of the nation; but it would be well if every man possessing such knowledge as is here exhibited, and such a capacity for communicating it, would embrace all opportunities to display it. Governor Tilden, however, had a special motive in placing his views before the country at that time. He saw the false policy of indefinite issues of government legal-tender currency everywhere taking hold of the public mind, and that, unless speedily corrected, it would acquire a force to which the timidity of political leaders would submit. He had already induced a convention of the Democratic party in New York to take ground against it. He wished to draw forth a similar declaration from the Democracy of the nation, at its next convention for the nomination of a President. He succeeded; and to his influence, probably, more than to that of any other man, we owe the downfall of the paper-money delusion.

An attempt to analyze the rare combination of talents and faculties which enabled him to accomplish so much in a period so brief may not be uninteresting. His original intellectual endowments were of the highest order. They were not of that character which, while leaving their possessor satisfied with some hasty and superficial conclusions that at the moment seem true, enable him to impress them upon others by fervid and moving language. These are the intellectual traits most frequently exhibited by the ablest men whom our public life brings into notice; but they do not make up the _scientific_ mind which Governor Tilden's pre-eminently was. At the beginning of his intellectual manhood he clearly perceived that the whole moral world was as rigidly as the physical world subject to an order, an arrangement, a law; and that all policies, whether in government, in finance, or in business, not founded upon a recognition of this truth would result in confusion and mischief. Naturally attracted to the study of the public economy of States, his first aim was to discover the laws governing every part of that extensive domain. Whether the theme was expenditure, taxation, private or public justice, internal improvements, or any form of public administration, he would make no utterance until his brooding mind had reached what he conceived to be the underlying truth; and the same trait was manifest in him where the purpose was not to refute or establish a general policy, but to ascertain, in a particular case, the truth upon a disputed question of fact.

This was well illustrated in his defence, in 1856, of the title of Azariah C. Flagg to the office of comptroller of the city of New York, against the claim of John S. Giles. Flagg had been declared elected by the Board of County Canvassers. He was a man of resolute integrity, had held the office before this election, and, by his obstinate defence of the city treasury against unjust and fraudulent claims, had drawn upon himself the hatred of the municipal plunderers, and earned from them the title of "Old Skinflint." His enemies had made a combined and desperate effort to defeat his re-election, and, having failed by a few votes only, they determined, upon the pretence of an erroneous return, to make an attempt to oust him from his office by a judicial proceeding and install Giles in his place. For this purpose they fixed upon the vote of the first district of the Nineteenth Ward, the majority of the election officers of which were bitter enemies of Flagg. Their pretence was that the return of the district election officers giving 316 votes for Flagg and 186 for Giles was a clerical error, by which Giles' vote was awarded to Flagg and Flagg's vote to Giles. Three of the election officers who signed and filed this return were sworn as witnesses for Giles, and positively testified that the vote as actually counted was just the reverse of the return; that Giles had 316 votes, and Flagg 186. The original tally-list of the regular tickets, which would have shown the truth, had been conveniently lost, but these witnesses produced what they swore was the original tally-list of the split tickets, and upon which was a pretended transfer of the votes on regular tickets, which they swore was correct, and this fully supported their statements. Other witnesses on the same side testified that they were present at the close of the counting on the day of the election, and heard the result proclaimed, and that it gave 316 to Giles and only 186 to Flagg. This formidable case could be overthrown only by showing that these witnesses were perjurers, and this pretended split tally-list a forgery. Tilden had no doubt that this was the fact, but he had no direct evidence to prove it. He was a determined enemy of these base conspirators and a close friend and ardent admirer of Flagg, and he was resolved that the fraudulent scheme should not succeed. Acting upon the assumption that a lie has no place in the regular order of nature, but is something violently thrust into that order and will not fit the surrounding and attendant facts, he laboriously endeavored to bring into light, so far as possible, all those surrounding and attending facts. It so happened that this election was a contest between numerous factions, and that there were seven regular tickets voted; that is, tickets having uniformly the same names and for the same offices; and there were twelve candidates for the various city offices on each ticket. There were also many split tickets, created by erasure of one or more names from a regular ticket, or otherwise. Here was fruitful material for the exercise of Tilden's powers of investigation. He demonstrated, and with mathematical certainty, by an analysis and comparison of the actual returns of votes for all the candidates on these tickets, that the pretence of Giles was a pure fabrication. At the close of his argument he threw his demonstration into a dramatic form, which created such an impression that, as Mr. Charles O'Connor, who was associated with Mr. Tilden, once told me, the case of the plaintiff Giles was utterly defeated before the defendant had called a witness. It was, of course, difficult for the jurors to carry in their minds the numerous figures which made up the demonstration. Something was needed to impress upon them the result. For this Tilden pitched upon the lost original tally-sheet of the regular vote. It was upon the amount of Flagg's _regular_ vote that the whole controversy turned. If the contents of that lost tally could be shown, all doubt would be dispelled. Said he, "I propose now, gentlemen, to submit this case to a process as certain as a geometrical demonstration. _I propose to evoke from the grave that lost tally_; to reproduce it here, to confront and confound these witnesses who have been upon the stand swearing to what is not true. It is an honest ghost. It will disturb no true man." And he did it triumphantly. Handing to the jurors sheets containing copies of the regular tickets, and selecting a name which was found on only one of these tickets, that of Samuel Allen for street commissioner, he called off from the actual return to the Board of County Canvassers, and the jurors set down Allen's vote, which was 215. It necessarily followed that every other name on that ticket must have received the same number, or the ticket would not be regular. Proceeding in the same way with all the names on all the tickets, and then deducting the regular vote from the whole vote as shown by the actual return, and thus obtaining the split votes for each candidate, and comparing these results, except as to Flagg and Giles, with the tally-sheet of the splits which had been produced by the witnesses for Giles, and which was presumably correct, except in respect to the vote for Flagg and Giles, he slowly, step by step, re-created an original tally of the regular ticket, which, when increased by the split votes shown on the split tally-list, corresponded in every particular with the actual return to the county canvassers except as to three unimportant names, and as to these it was manifest that the actual return was erroneous. Each juror found, at the close of the calling, that he held in his hands what he could not but believe was an absolutely accurate count of the votes in the first district of the Nineteenth Ward for all the candidates voted upon, for whatever office, at the election under investigation. The hideous monstrosity of the figures assigned to Flagg and Giles in the split tally-list became so palpable that none could doubt. It is needless to add that when the case was finally submitted to the jury they immediately returned with a verdict for "Old Skinflint."

He employed a similar method in the case of what was called the Six Million Audit fraud of Tweed and his accomplices. That the payment of this enormous sum was a gigantic fraud no one could doubt; but there was no proof showing _how much_ of the payments was in excess of what was due to the claimants, or among whom the excess was divided, and how much to one and how much to another. Mr. Tilden unlocked this mystery. He went to the banks in which the conspirators kept their accounts, and by a patient decomposition of the credits into the original items, as shown by the deposit tickets, evolved the plunderers' rule of division. Applying this rule to any one of the hundreds of paid city warrants embraced in this series of frauds, and without going beyond the face of the warrant, it could be determined how much each of the conspirators received; and the determination would be verified by finding, upon examining the bank accounts and deposit tickets of the same parties, that they had received on the day of the payment of the warrants the same sums which, according to the rule applied, they ought to have received. It vexed Mr. Tilden very much that the shares of the conspirators, as thus computed, did not correspond with perfect exactitude to the amounts deposited to their credit. The difference, being trifling in amount, hardly affected the conclusiveness of the demonstration; but it showed that there was some element in the rule of division which he had not discovered. The missing link was subsequently found, and then the conformity between the computed and the actual shares was in every instance exact to a penny. This division and conformity, appearing upon the face of the accounts themselves, proved with absolute certainty the conspiracy to defraud, the amounts of the embezzlements, and the precise shares received by each. Had Mr. Tilden been present at the meetings of the conspirators and witnessed their division of the spoils, he could not have given evidence so conclusive of the fraud as that which he thus drew from written memoranda which the conspirators had thoughtlessly allowed to be made.

It was indeed wonderful to observe how a man who could study these dry details with such patience, and even with pleasure, could pass at once into the fields of political science and compel a wholly different class of facts to yield to him the loftiest generalizations. But in truth the process was the same in both instances. It was the original investigation of facts for the purpose of framing a just theory. It is a common practice, even with able men, to disparage the conclusions founded upon the employment of the reasoning powers as being _mere theory_; as if their own conclusions, so far as they have any value, were reached in any other way. These are the criticisms of men who are too indolent to engage in the work of patient investigation, or not sufficiently instructed in the methods by which it should be pursued. Undoubtedly there are many minds that undertake the task of evolving the laws underlying some subject matter and reach conclusions which are confidently believed and asserted to be true, but that turn out when adopted in practice to be erroneous. It is in this way that the results of investigation and reasoning are brought into discredit. But the fault in such cases is not that the conclusions are those of mere theory, but of erroneous theory. The reasoner lacks the patience, or the skill, to embrace in his investigation all the material facts, and to exclude all others. These are, indeed, the rarest of qualities. They are possessed in an eminent degree by a few men only in each generation, and the value of such men to society is inestimable. Governor Tilden's pre-eminence was especially manifest here. His educated intelligence was able to pronounce, as if by instinct, whether the conclusion he had reached was sufficiently certain to be made the basis of action, or was so encumbered with doubt as to call for further scrutiny into the facts. He knew how--to use his own happy phrase--"to limit theory by practice and enlighten practice by theory."

The mere pursuit of truth, the pleasure which comes from the actual exercise of superior powers, the sense of satisfaction which arises from the overcoming of difficulties, would have been a sufficient reward and stimulus to a mind like his; but this was not his principal motive. His chief aim was to convince others; and he knew that this could be done only by the effective use of language. He recognized the importance of the art of rhetoric, and labored upon the composition of his papers with the same care which the purely literary man employs; not for the purpose of making up a piece of what is called fine writing, but to engage and hold the attention by imparting life and interest to his treatment, and, by an easy and natural development of his subject, to carry the mind gratefully along towards his conclusions. It would be hard to find better examples of the way in which subjects apt to be regarded as dull may be made lively and interesting, and yet without departing in the slightest degree from a rigid and logical development, than are found in his report, while a member of the legislature of New York, upon the causes of the anti-rent disorders and the proper remedy for them; or his speech in the constitutional convention of that State in 1867, unfolding the true policy to be pursued in relation to the canals; or his second annual message when Governor in 1876. I find, on the page at which I open a volume of his speeches and writings, the following sentence, which well illustrates the ease and power with which he could clothe weighty truths in their appropriate language: "Generations, like individuals, do not completely understand inherited wisdom until they have reproduced it in their own experience."

These high intellectual traits would have made him a man of mark had he been a philosophical recluse holding himself aloof from the busy activities of life; but the extraordinary thing was that he was at all times emphatically a man of action. Whether engaged in the conduct of some great lawsuit or of some important business enterprise, or managing a political campaign, he was equally at home. The schemes of small party chieftains and the power of local bosses gave way before his masterful leadership. He did not despise the aid of partisan machinery or of official patronage; but he fully perceived that the scope and influence of these instrumentalities were narrow, and that, unless held rigidly secondary and subordinate, they would obstruct, rather than aid, the march of a political party. Profoundly convinced of the truth of the political creed which he avowed, he engaged in political warfare only to secure its permanent establishment. Any victory won by shifty expedients he knew would be but temporary, and would not fail to retard a lasting success. At the same time he recognized the fact that no main purpose of a political party could ever be carried except by the permanent union of men differing from each other upon a multitude of minor points, and exhibiting every grade of culture, character, and conduct. Compromise and concession be recognized as the daily duties of the statesman. He had little regard for those impracticable natures which refuse to join any party because they find something to object to in all parties. He was the last man to yield to self-conceit and obstinacy the titles of conscience and wisdom. Such men, he once declared, forget "that without concession there can be no common action for a common object, and that without the capability of such action a man is fit, not for society, not even for a state of nature, but only for absolute solitude." I wonder that the mugwump-haters have not borrowed his description of some non-partisans of his day: "I know there is a class of no-party men who vindicate their claim to that character by doing injustice to all, even without the excuse of bias."