"(_Circa 1872._)
"GENTLEMEN,--I congratulate you on the substantial progress which
has been made in purifying the judiciary. Everything which at the
beginning of the late legislative session you set before yourselves
as practicable, everything which you were afterwards encouraged
to undertake, has been accomplished. You asked for an inquiry
into abuses in the administration of justice. You have had an
investigation--patient and thorough--during seven weeks, in session
continued from ten in the morning until late at night--carried on
in the presence of the accused and their counsel. It is true the
inquiry could only touch a small part of the evil--the specific cases
presented by you. But every judge against whom you made charges has
been put on his trial, except one, who fled from the ordeal. I repeat
to you to-night what I said at the meeting at which this association
was organized. It was on Feb. 1, 1879--when the shameful perversion
of judicial process and judicial power that characterized 1869 were
fresh in the public mind, and the corrupt oligarchy, whose tools these
judges were, seemed to sit enthroned over the prostrate people of our
metropolis.
"If it will do its duty to itself, the bar can do everything else. It
can have reformed constitutions, it can have a reformed judiciary. It
can have the administration of justice made pure and honorable. One
word as to the pending impeachment of Judge Barnard. I do not share
the fears which have been expressed in the public journals as to the
results. First, I know that in the investigation, which extended
to all the witnesses the accused desired to produce, and with full
cross-examinations, there was developed more impeachable matter--ten
times over--than can be found in the eight principal cases of judicial
impeachment, four resulting in convictions which have occurred in this
country. Secondly, I believe that the leading members of the committee
of managers will faithfully prosecute the trial. Thirdly, I have the
most absolute confidence in the abilities, professional skill, and
earnest patriotism of the counsel who will represent the people, and on
whom the real burden of the trial will fall. I respect the sentiments
of my brethren of the bar which demanded that I should continue still
farther my connection with the movement to purify the judiciary. I
mean, of course, as one of the managers of the impeachment, for you all
know that I would not have acted as counsel. While I did not feel at
liberty by my own act to withhold any service which you thought I could
render to the great reform, my opinion differs somewhat from the public
impression. The great work of investigation, of collecting evidence,
and of securing sufficient concurrence and co-operation to put the
accused on trial--which has been an immense and difficult labor--is
done. The gentlemen whom I met in conference, after everything had been
completed except to decide on the form of procedure--when I consented
to impeachment instead of removal by concurrent resolution--and I see
several of those gentlemen present, will remember that I then stated
my difficulty in engaging in a prolonged trial during the summer. When
the choice of the managers came to be made I did not feel called on
to enter into a canvass or to form combinations. In everything else
I had felt it my duty to exercise all foresight and every care, and
to exert every power I possess to organize such elements as could be
found for good ends. In this I felt entitled to leave every human being
to his spontaneous action. If I should receive an honorable discharge
I had a right to accept it. I cannot be accused of selfishness if I
did so with delight. One care only remained for me. That was to look
after the choice of counsel. I communicated what seemed to be, in the
actual circumstances, the best suggestions to Mr. Alvord, and met his
prompt and cordial concurrence. Of Mr. Van Cott--the senior member
of the committee which represented you in the investigation--I need
not speak. The eminent jurist with whom he will be associated--Judge
Comstock--will bring to his duty great abilities, ample stores of
learning, and an honorable pride in restoring the renown of the bench
and the bar of this State. I remember with what solemn earnestness he
said to me several years ago that we could never reform the judiciary
of this district until we had first crushed the corrupt power which
stood behind it. I do not see that justice will be more likely to fail
that the trial is to be conducted in the light of open day, with the
eager scrutiny of the bar of the State and country, and under the eyes
of a watchful, apprehensive, and somewhat distrusting people. While
what has been done towards purifying the judiciary is just cause of
congratulation, you will appreciate the difficulties through which
it has been obtained if you reflect that everything else in the way
of reform has failed. It is known to you that when I consented to
go to the Assembly it was with a view to the judicial reform and to
certain other measures more particularly interesting to the people
of this city, and that in that work I expected the co-operation in
the Legislature of Mr. O'Conor and Mr. Evarts. This arrangement was
defeated by subsequent events. I thought that it was necessary to
concentrate myself upon a very few measures in order to accomplish
anything. The general demoralization growing out of the Civil War and
paper money had produced widespread effects. The corrupt power which
had just been overthrown in this city had its origin in a partnership
of plunder between men nominally of different politics, but, in fact,
of no politics at all, and had established extensive affiliations
throughout the State in both parties and in both branches of the
dominant party which now possessed three-quarters of the Legislature.
It had been necessary to the system that the capitol should be
surrounded by an atmosphere of corruption. The ambition of some had
been tempted; the interests of more had been addressed by making
legislative business profitable, and the golden showers had sprinkled
benefits in every direction. Some, even, who would not take an actual
part in the saturnalia were content to be silent spectators or
consenting witnesses. I never for a moment supposed that the knife and
the cautery would be agreeable remedies, or that the silent partners
of prosperous criminals would fall in love with those whose duty it
is to detect and punish. I knew, therefore, that obstructions, under
every pretext, were to be met at every step and to be overcome. Let us
thankfully accept what has been accomplished; and let us here to-night
renew our faith that if the bar of this city and State will be united
and persistent, every judicial reform in respect to men and in respect
to systems will be at last successfully achieved."