CHARLES O'CONOR TO TILDEN

"FORT WASHINGTON, _Feb. 25, 1875_.

"DEAR GOV.,--I have perused the substitute. As a matter of course my

first thought was that of a Yankee. I set to work guessing what could

be the _motive_ of the change.

"The substitute is so much more broadly comprehensive than I feared the

'toned-down' document would be that this conjecturing process led me

into what, even to myself, seems a strange dance.

"The substitute proposed is very good, nay, it is as good and as

perfect as the original, save in one single point. It covers every

ground I ever had in view, _save one_.

"And, who beneath the sun, can stand in the gap opposing that?

"Now let me explain to you my thoughts and mental processes.

"The swindlers have removed their property, _i. e._, the plunder, out

of the State of New York. When the infamous decision was made in the

State's own court that it, _i. e._, this State itself, _had no title_,

that judicial point was thenceforth law in all foreign courts. If the

State should bring an action in any foreign court, such court would be

bound to decide against the plaintiff on the strength of that decree,

substantially made _by such plaintiff itself_. But when the county or

city or any like entity brought its action, the maintainability of

that action would be a judicial question, determinable by the foreign

judges according to their own views derived by them from the general

principles of jurisprudence. These principles taught me, and should

teach them, that as to most of these fraudulent abstractions the

subordinate local entity had no title.

"When conferring with you concerning this subject prior to your message

I distinctly stated this consideration.

"Though this may seem the product of a jurisprudent's recondite

studies, it was born of practical common sense, and what is, perhaps,

more to the point of my next observation, and to which it is

preliminary, this idea is of a nature to be eminently popular. It

might fairly be thought somewhat sensational.

"I was amazed to miss it from the lines of your message. If the thought

that _you_ could have any hesitation about pursuing the plunderers

and their plunder to the ends of the earth presented itself to me at

all--as I must suppose was not the case--it was, of course, instantly

rejected as fanciful and silly.

"But now, after a long pause for thought, forth comes the substitute

for your own original conception, so long and so faithfully nurtured

and cherished by me. And what is the difference between the original

and the substitute? Nothing whatever, except this one thing.

"The title to and ownership of the money or cause of action is to

remain unchanged!! Since that title was Allenized it is _not_ in the

State.

"In all the courts of this State your substitute will be just as good

as the original. For _any_ future local frauds I do not see but it

is likely to answer every purpose. The single effect wrought by the

alteration is that the stolen funds now in 'Belgium or Brittany' will

be safe for the enjoyment of the thieves.

"To Dick Connolly it presents perfect immunity.

"Perhaps on this point you may say simply that I am mistaken; but such

a remark never convinces any one. The mistake may exist, but the child

of error never can see his mistake until some one takes the trouble of

dissecting it and showing by adequate explanations that it is a mistake.

"I have done as to this substitute. No further observations upon it

seem needful.

"The Tweed spirit is rampant here. It is determined to possess itself

of unrestrained power over all the offices as avenues to plunder. The

local suits against Tweed _et al._ will no doubt be pushed; but if any

judgments shall be rendered which the gang shall dislike, their friends

in the _Refugium Peccatorum_, as in duty bound, will reverse. Meantime

the Statute of Limitations will do its kindly work.

"Yours, &c.,

"CH. O'CONOR."

Letters and Literary Memorials of Samuel J. Tilden, v. 1 · 第 305 / 348 题