"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."