Samuel Jones Tilden was born at New Lebanon, Columbia
Co., N.Y., in 1814. One of his paternal ancestors and the son and
grandson of another were mayors of Tenterden, Kent, England, between 1585
and 1623. The son of another ancestor was one of the London merchants
who fitted out the "Mayflower." Another ancestor was one of the
founders of the town of Scituate, Mass., and a leader in the famous Plymouth
colony. His mother traced her lineage to William Jones,
lieutenant-governor of New Haven colony, and son of a regicide judge of
Charles I., by a wife who was at once cousin of John Hampden and sister of
Oliver Cromwell. His father, a farmer and merchant in New Lebanon
(whither he had come with his parents in 1790), was a man of notable
judgment and practical sense. His influence in the county was a
recognized power. New York's great statesmen of the Jacksonian
era--Martin Van Buren, Silas Wright, William L. Marcy, Azariah C. Flagg,
Edward Livingston, Chancellor Livingston, Albert Gallatin--were among his
visitors, correspondents, and friends. Reared amid such a society,
under such traditions, in such a school, it is not surprising that from the
outset his studies were widest and deepest in the graver sciences of
government, public economy, and law; nor that his first adventure, in the
ardor of ripening youth, should have been in a political field.
In the fall of 1832, General Jackson was re-elected to
the Presidency, Van Buren was elected to the Vice-Presidency, and Marcy to
the governorship of New York. Their success had depended on defeating
a coalition of National Republicans and Anti-Masons. With an early
"instinct for the jugular," young Tilden wrote a paper analyzing the
political situation and showing there could be no honest alliance. His
father, his most appreciative, yet least indulgent critic, approved the
paper, took him to pay a visit to Mr. Van Buren, then at Lebanon Springs,
near by and to read it to him. Its merit was attested by their
decision to publish it through the State, approved by the signatures of
several leading Democrats; it was praised by being ascribed to the pen of
Mr. Van Buren; but even more by the denial that he was its author, made in
the Albany Argus, "by authority." Out of this incident grew a
particular friendship between Mr. Van Buren and Mr. Tilden, which became of
the most confidential character, and continued till the death of the
ex-President.
Young Tilden's academic course was begun at Yale
College, in the sophomore class, which enrolled among its members
Chief-Justice Waite, William M. Evarts, Professors Lyman and Silliman, and
Edward Pierrepont. His studies were intermitted for a few months to
repair the effects of too intense application; but were shortly resumed at
the University of New York; were continued in the law school of that seat of
learning, whose pupils were then enjoying the prelections of Mr. Van Buren,
Attorney-General Benjamin F. Butler, and Judge William Kent; and were
prolonged in the law-office of the gifted, if eccentric, John W. Edmonds.
The accession of Van Buren to the Presidency, in 1837,
preceded but a little the memorable financial revulsion of that year.
He had called an extra session of Congress that summer, and in his message
recommended the separation of the government from the banks, and the
establishment of the independent treasury. Voluminous debates followed
in the press. The late Samuel Beardsley, of Utica, inspired, if he did
not write, a series of papers published in the Argus, then the
leading Democratic journal of the State, which contested the recommendations
of the message, and invited resistance to their adoption. Young
Tilden, a student even then of fiscal systems and political economy, sprang
to the defense of he President's policy, in a series of papers signed
"Crino." His most distinguished biographer has said of them:
"They were marked by all the characteristics of his maturity, and advocated
the proposed separation from the banks and redeemability of the government
currency in specie. Their author was but twenty-three years of
age,--the age at which William Pitt beam Chancellor of England. If
history has preserved anything from the pen or tongue of that illustrious
statesman, prior to that period of his life, which displays a higher order
of merit, it has escaped the attention of his biographers." 'Crino'
was long supposed to be Esek Cowen, then one of the justices of the Supreme
Court.
In the fall of 1838, Nathaniel P. Talmadge, a senator
of the United States, from New York, who had separated from the Democratic
party and joined the Whigs, in opposition to the financial policy of the
President, went to Columbia county to address his new friends. After
his speech the Whig managers invited reply. The Democrats present took
up the challenge, and shouted for Tilden as the champion. His speech
was a masterly refutation of the veteran senator's argument, and some of its
home-thrusts were so effective and thrilling as completely to countervail
the political purpose of the meeting.
The great depression in prices and paralysis of
business which continued into the fall of 1840, although an inevitable
result of a long period of bank inflation and unsound government financing,
were, of course, imputed to the sub-treasury system, just as the panic of
1873, and the subsequent distress, have been ascribed to all steps taken to
remove their chief causes and principal conditions. In October, 1840,
Mr. Tilden, who had watched the financial revolution through all its
progress, and knew its source, nature, and remedies as thoroughly as any
older man of his time, made a speech upon the subject in New Lebanon.
No one can read it at this day without marveling that Daniel Webster and
Nicholas Biddle, with whose arguments Mr. Tilden grappled, could ever have
championed a system under revenues of the federal government were made the
basis of private commercial discounts. He reviewed the history of the
United States Bank, and exposed its ill-founded claims to have been "a
regulator of the currency." In short, the youngster was already a
veteran in the service and the councils of his party. But while, on
the one hand, the administration sought his advice and co-operation, on the
other hand, Conde Raguet, whose "Treatise on Currency and Banking" had
placed him among the most eminent political economists of the period,
recognized, beyond its political, its scientific value as "the
clearest exposition of the subject that has yet appeared," and a "most
masterly production."
Mr. Tilden opened his law-office in Pine street, New
York city, in 1844, the year the election of James K. Polk as President, and
of Silas Wright as governor of New [P.10 York. To advance that choice he
united with John L. O'Sullivan in founding the Daily News, by far the
ablest morning journal till then enlisted in the service of the Democratic
party. Its success was complete, but as he did not propose to enter
into journalism as a career, after the election he made a gift of his share
in the paper to his colleague.
In the fall of 1845, Mr. Tilden was elected to the
State Assembly , and while a member of that body, was elected to the
Constitutional Convention of 1846. His impress is visible in the
legislation of that year, but it was most notable upon the new
constitutional provisions affecting the finances of the State and the
management of its canals.
The defeat of Mr. Wright in the fall of 1846, and the
coolness which had grown up between the friends of President Polk and the
late President Van Buren, led Mr. Tilden to withdraw his attention from
politics and concentrate it upon his profession. Dependent upon his
own exertions, hitherto not lucrative, for a livelihood, he discerned thus
early the importance of a pecuniary independence to the best political
career. Concentrating all his energies upon his profession, it was not
long ere he became as well known at the bar as he had before been known as a
politician; and in twenty years of assiduous, untiring industry he made his
way steadily to the foremost rank of his profession, and to nearly or quite
the largest and most lucrative practice in the country conducted by any
single barrister. during these two decades he linked his name
imperishably with some of the most remarkable forensic struggles of the
time. The limits of this sketch forbid, however any adequate reference
even to those in which his talents and fertility of resource were most
conspicuous.
The great O'Conor, his associate counsel in the Flagg
case, has spoken of Mr. Tilden's opening speech as one of the most striking
displays of pure intellectual force he ever witnessed. Mr. Azariah C.
Flagg, like Mr. Tilden, a friend of Van Buren and Wright, and renowned in
the State and city for his fidelity to public trusts, had been elected as
comptroller of the city of New York. His title to the office was
contested by his opponent by legal process. So close had been the vote
that a change in the return of a single election district would reverse the
result. Upon a fraud inserted here his opponent proceeded. From
the very data of the contestant, Mr. Tilden, by a mathematical and logical
analysis, based upon the principle that truth always matches all around,
reconstructed a lost tally-sheet, exposed the attempted fraud, demonstrated
Flagg's election, and won his case.
As counsel for the heirs of Dr. Burdell (an American
Tichborne case), Mr. Tilden tore to tatters the amazing tissue of falsehood
woven by the claimant, Mrs. Cunningham, the pretended wife and probable
murderer of Burdell, by an examination of one hundred and fifty-two willing
witness called by the claimant. Believing still that the truth must
match all around, and that falsehood cannot be made to harmonize with even a
limited number of facts, he conducted this defense by a species of moral
triangulation. His metaphysical power, his keen acumen, his
penetration of character, and his creative logic were never more wonderfully
displayed. He not only won the case, but the conviction at once seized
the public mind that had he conducted the previous prosecution of Mrs.
Cunningham for murder, it must have resulted in the woman's just conviction.
Mr. Tilden's defense of the Pennsylvania Coal Company
probably established, as much as any single case, his high repute among his
professional brethren. It was a striking exhibition of the power of
his analytical method. The Delaware and Hudson Coal Company agreed to
pay it as an indemnity for the cost of enlarging their canal. The
question was, had the enlarged canal given transportation at less expense
than the old canal. A chaos of facts beclouded and complicated the
issue. Mr. Tilden reduced this chaos to order by costly, laborious
analysis involving the guided research of a regiment of computers, amounting
to the ten years' toil of one man. He took the time of a single trip
of a boat as an integer, and from the plaintiffs' books evolved a luminous
series of proofs that defeated their claim and won his cause. The
amount claimed was twenty cents a ton on six hundred thousand tons a year
for ten years, besides a large royalty for an indefinite future.
In the case of the Cumberland Coal Company against its
directors, heard in Maryland in 1858, Mr. Tilden applied for the first time
to the directors of corporations the familiar doctrine that a trustee cannot
be a purchaser of property confided to him for sale, and he successfully
illustrated and settled the equitable principle on which such sales to
directors are set aside, and also the conditions to give them validity.
Mr. Tilden's success was no less remarkable in a field
which he made especially his own,--in rescuing corporations from
unprofitable and embarrassing litigation, in reorganizing their
administration, re-establishing their credit, and rendering their resources
available. More than half the great railway enterprises north of the
Ohio and between the Hudson and Missouri rivers have, at some time, been his
clients. It was here, on this pre-eminently useful, if less
conspicuous stage, that his legal attainments, his unsurpassed skill as a
financier, his unlimited capacity for concentrated, energetic labor, his
constantly increasing weight of character and personal influence, enabled
him, especially between the years 1855 and 1861, to contribute more
powerfully than any man in the United States to their great prosperity.
He had now earned in the conduct of these large
interests, and in the decisive victories he had won, a considerable fortune,
a ripe experience, and a distinguished fame. The time was near when
all these were consecrated, with as great and devoted energy, solely to the
public service. For no one in the United Sates now needs to be told
that to Mr. Tilden more than to any other single man is due the overthrow of
Tweed and his confederates in both political parties, who for years had used
the power of the whole State to compel the city of New York to pay them the
freebooters' tribute, and whose plunderings caused the major part of the
enhancement of its debt from $19,000,000 in 1857 to $16,000,000 in 1876.
The ring had its origin in the legislation of 1857, constituting a board of
supervisors,--six Republicans and six Democrats,--to change a majority of
which needed the control of the primary meetings of both the great national
and State parties for four years in succession,--a series of coincidences
rare in a generation. This ring of supervisors soon grew to be a ring
between the Republicans, who, for thirteen years prior to 1869 to 1870,
controlled the legislative power of the State, the half-and-half supervisors
and a few Democratic officials in the city, and embraced just enough
influential men in the organizations of each party to control both.
Year by year its power and its audacity increased. Its seat of
operations was transferred to Albany. The lucrative city offices;
subordinate appointments, which each head of department could create at
pleasure, with salaries at discretion, distributed among legislators;
contracts; money contributed by city officials, assessed on their
subordinates, raised by jobs under the departments, or filched from the city
treasury, were the corrupting agencies which shaped and controlled all
legislation.
Thus for four millions of people were all institutions
of government, all taxation, all appropriations of money, mastered and made.
The Ring power was consolidated, and touched its farthest limit in the Tweed
charter of 1870. Enacted by Republican Legislature, approved by a
Democratic governor, this charter was simply a grant of all offices, all
local government, all power, to members of the Ring for long periods,
without accountability for their acts. New York was delivered over,
bound hand and foot, to Tweed and his confederates for plunder. Mr.
Tilden, who had accepted the chairmanship of the Democratic committee and
the titular leadership of his party in the State at the death of Dean
Richmond, now held it against the ambition and assaults of the Ring.
Without patronage or office to confer in city or State, he planted himself
on the traditions of the elders, on the moral sense and forces of Democracy,
and upon the invincibility of truth and right. He denounced the Tweed
charter and assailed at every point the Ring domination. The fight was
long and desperate; many accused him of making shipwreck of his party, but
he would concede nothing, compromise nothing. Perceiving the vital
centre of power, the city representation in the legislative bodies of the
State, he insisted with his party and before the people, that the clutch of
Ring rule should release that. Fortune favored the brave. A
clerk in the comptroller's office copied and published the "secret
accounts." Mr. Tilden went into the bank where all the checks of the
Ring had passed, analyzed the gigantic mass of these and other vestiges of
their frauds, traced out the actual division of their plunder, and thus
accumulated and framed the decisive and legal proof of their guilt.
Fortune again favored the brave. He was able to put an honest person
into the comptroller's office, as deputy, with the keys of the city
treasury. From that hour the Ring was doomed.
A side-contest, essential to success in the overthrow
of the Ring, and arduous as any part of that devoted toil, was his effort
for the impeachment and overthrow of the corrupt judiciary of New York.
This too was triumphantly achieved, with the result, besides the
imprisonment or flight of the members of the Ring, and the recovery of some
of their spoil, also the purification of the administration of justice in
the great metropolis.
These sixteen months of sacrifice of every private
interest or occupation of his own, and of strenuous absorbed devotion to the
public welfare, led him to make a brief trip to Europe in the summer of 1873
for rest and recreation.
But the lawyer, the statesman, the patriot, was not
suffered to return to the courts and the council-chamber. In the fall
of 1874 he was summoned to lead the party of Reform in its contest for power
in the State. Unwilling to leave it possible for the enemies of reform
to say that he could not safely submit his work as a reformer to the perils
of party strife and the judgment of the people, he accepted the Democratic
nomination, and was elected governor of New York by overwhelming majorities,
many Republicans contributing their votes to swell this moral triumph.
Two years before, General Dix had been elected by a plurality of 53,000.
Governor Tilden's plurality over Dix, his competitor, was 53,000.
Not long was Mr. Tilden seated in the governor's chair
ere the people discovered that besides being occupied it was filled.
His first message, in January, proclaimed his policy of thorough-going
administrative reform, revision of laws, so as to provide criminal
punishment and civil remedies for the frauds of public officers and their
accomplices, and reduction of taxation. Mr. Tilden also took advantage
of his high position to restore, in this message, to the Democratic party
the authority of its most honorable traditions in finance, and to the
country the only policy which ever had insured or can insure its
substantial, enduring prosperity. But this was only the beginning.
In less than ninety days he had investigated, and in a message to the
Legislature exposed, the fraudulent processes of the Canal Ring, by which
for years the State had been plundered, its agents debauched, its politics
demoralized, and its credit imperiled. The political courage of this
declaration of war to the death against a caste claiming the balance of
power in both the great political parties can hardly be overstated. In
a similar struggle with the baser elements, forty years before, Silas Wright
had been struck down as he was rising to the zenith of his fame, and exiled
from public life. But Mr. Tilden preferred to fall like him rather
than not attempt the reform so necessary. Again he put his trust in
the virtue of the people, and again it was not betrayed. He appointed
a commission, with John Bigelow at its head, under authority extorted from a
Legislature containing many notorious canal-jobbers and organized in their
interest. The commission brought out to the light of day the whole
system of fraudulent expenditure on the canals, which he had denounced at
the bar of public opinion. Nor was even this all. By arresting
completely such expenditures, by the recommendation and adoption of various
other financial measures, and by the discreet but vigorous exercise of the
veto power, Governor Tilden effected a reduction of the State taxation by
one-half its sum, before laying down his trust.
By this time throughout the whole Union it was
perceived that precisely such as these were the labors and achievements
needed in a reformed administration of the federal government at Washington.
War had left its usual legacies,--departments honeycombed with corruption, a
vast debt and habits of unbounded extravagance. Between 1850 and 1870
town, city, county, and State expenditures had increased nearly seven-fold,
and federal expenditures ten-fold, whilst the population had not even
doubled. Taxes were crushing the nation, and Tweeds were swarming at
its capital. It was natural that the eyes of discerning men in all the
States, and the hearts of the masses of the people, should be turned towards
Governor Tilden. The belief that the reformed of New York was the
reformer for Washington inspired a decisive choice among the Democrats from
Maine to Texas. It came up from the people like a tidal-wave, and
lifting the political leaders of many a State who had other preferences,
bore them onward to an inevitable decision.
On the first balloting of the Democratic National
Convention, which assembled at St. Louis, June 17, 1876, Mr. Tilden's name
led all the rest. He had received 417 out of 739 ballots cast.
On the second ballot he received 535 out of 744, more than the two-thirds
required, and was at once nominated unanimously. His letter accepting
the nomination was looked for with keen interest, and read more widely than
any other such document. It betrays in every line its author's mastery
of the art and business of statesmanship. The profoundest problems of
finance, the causes of commercial and industrial depression, the conditions
of a revival of national prosperity, are there discussed with the precision
of science and the ease of power.
The contest which followed was one of the most
desperate and hard-fought in all the annals of popular elections. Much
more than the preference of a majority of the people was needful to
Democratic success. Sixteen years of continuous rule had given the
Republican party every advantage. It wielded the vast influence of
$164,000,000 annual expenditures. Its followers were mustered and
drilled by 100,000 office-holders.
But Governor Tilden's character, career, and letter of
acceptance had completely determined and defined the battle-field and the
aggressive quality of the Democratic campaign. It was an appeal to the
conscience and the power of the American people from the standpoint of
Democratic principles and traditions. War issues were displaced.
Reform was the watchword.
The people rebuked his calumniators, and rewarded with
the laurels of victory his faith in their purpose to restore the government
to the principles and the purity of the founders of the Republic. They
gave him, in a vote vastly the largest ever polled, great popular
majorities,--in New York State, eighty thousand more suffrages than made
Grant's fifty-four thousand majority in 1872, and in the Union thirteen
hundred thousand more than Grant had received in his first election, and
seven hundred thousand more than he had received in his second election.
The electors chosen in the Presidential election of
1876 numbered three hundred and sixty-nine. Of these the Tilden
electors indisputably chosen numbered one hundred and eighty-four. The
Tilden electors in Florida (four), and in Louisiana (eight), also received,
indisputably, a majority of the votes cast and returned. It was
claimed, too, that Tilden electors (seven) had the majority in South
Carolina. The Hayes electors thus numbered, at most, 173; the Tilden
electors numbered at least 196. By what means the casting of these
twelve (if not nineteen) electoral votes was transferred from the Tilden
electors to the Hayes electors history will yet write in burning letters
upon the pages of its abiding record.
Every Republican member of the Electoral Commission
voted (eight to seven) to give effectual validity to the reversal, by the
State Returning Boards, of the people's choice of Tilden electors,--voted to
receive the vote of every disqualified elector. All were necessary to
enable them to seat Hayes by a majority of one.
We cannot more fitly close this too brief sketch of an
unexampled private and public career than by quoting Governor Tilden's own
words, on the 12th of June, 1877, upon this, "the most portentous event in
our political history":
"Everybody knows that after the recent election the
men who were elected by the people President and Vice-President of the
United States were 'counted out,' and men who were not elected were 'counted
in' and seated. I disclaim any thought of the personal grievance,
which is, in truth, the greatest wrong that has stained out national annals.
To every man of the four and a quarter millions who were defrauded of the
fruits of their elective franchise it is as great a wrong as it is to me.
And no less to every man of the minority will the ultimate consequences
extend. Evils in government grow by success and by impunity.
They do not arrest their own progress. They can never be limited
except by external forces. If the men in possession of the government
can in one instance maintain themselves in power against an adverse decision
at the elections, such an example will be imitated. Temptation exists
always. Devices to give the color of law, and false pretenses on which
to found fraudulent decisions, will not be wanting. The wrong will
grow into a practice if condoned--if once condoned. In the world's
history changes in the succession of governments have usually been the
result of fraud or force. It has been our faith and our pride that we
had established a mode of peaceful change, to be worked out by the agency of
the ballot-box.
"The question now is whether our elective system, in
its substance as well as its form, is to be maintained. This is the
question of questions. Until it is finally settled there can be no
politics founded on inferior questions of administrative policy. It
involves the fundamental right of the people. It involves the elective
principle. It involves the whole system of popular government.
The people must signally condemn the great wrong which has been done to
them. They must strip the example of everything that can attract
imitators. They must refuse a prosperous immunity to crime. This
is not all. The people will not be able to trust the authors or
beneficiaries of the wrong to devise remedies. But when those who
condemn the wrong shall have the power they must devise the measure which
shall render a repetition of the wrong forever impossible. If my voice
could reach throughout our country and be heard in its remotest hamlet, I
would say: "Be of good cheer. The republic will live. The
institutions of our fathers are not to expire in shame. The
sovereignty of the people shall be rescued from this peril and
re-established.' Successful wrong never appears so triumphant as on
the very eve of its fall. Seven years ago a corrupt dynasty culminated
in its power over the one million of people who live in the city of New
York. It had conquered or bribed, or flattered and won, almost
everybody into acquiescence. It appeared to be invincible. A
year or two later its members were in the penitentiaries or in exile.
History abounds in similar examples. We must believe in the right and
in the future. A great and noble nation will not sever its political
from its moral life."
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