"_Personal._
"_May 26th, 1875._
"MY DEAR SIR,--Yours of date 24th, postmarked 25th, is recd.
"In reply I have just written you at length, and looking at the length
of the document, have destroyed it, thinking that a long history is not
what you want.
"I had not seen the newspaper attacks or the cartoon; did not know that
Barlow had a brother-in-law.
"You say that I may ascribe delay to Mr. O'Conor. _I do._ I drew and
gave him complt. vs. Sweeney. I would have prepared affidavits. He
assumed the duty of so doing himself. At his request I wrote you to
pardon Ingersoll.
"He alone has seen Ingersoll, he proposing that it should be so.
"You say he is not above being helped and aided. I have been completely
at his service from the moment he commenced till now. He has declined
all assistance, saying that the drafting of affds., etc., was work at
which but one could work. If there has been anything other or further
that I could do or could have done I do not know it.
"If the matter had been under my control I shd. have commenced suits
and had attachments long before.
"They would have been without the perfect basis which the results of
Mr. O'Conor's long labor will disclose.
"It may be that such perfect basis, when disclosed, will be well worth
all the delay.
"Whether so or not was and is for you and the Atty. Genl. to determine;
not for me.
"After Mr. O'Conor assumed the labor of preparing the case vs. Sweeney,
etc., it certainly would have been highly improper and indecorous for
me to do otherwise than acquiesce. As to my personal action, all I can
say is that I have been at his service always. That I have urged haste
as strongly as common courtesy to him would allow. You speak of what
might have been done 'if I had been really anxious to produce results.'
"I am at a loss to understand your meaning.
"You certainly _cannot_ mean what the words apparently mean.
"I do not believe that there ever was _a doubt_ in _your_ mind, or
the mind of any man, as to whether I was 'really anxious to produce
results.'
"If there was you should not have employed me or suffered me to be
employed. I _have_ waited for Mr. O'Conor. Could I or should I have
done otherwise? You say that Mr. O'Conor is above criticism. Agreed.
But so far as anxiety to produce results--so far as devoting all time
or labor to the cause, so far as making this business the very first,
to the exclusion of _everything else_ are concerned--I insist that I
am as far above criticism as is Mr. O'Conor or any living man.
"If there is or has been any delay caused by want of zeal or attention
on my part I shd. like to know it.
"You will note that I make no criticism on the delay in the preparation
of the affds. I have not seen them, nor do I know what they will be.
From the general description of them, given me by Mr. O'Conor, I think
they will be well worth the delay, and when you come to know what he
has done I think you will wonder not at the delay, but at how soon an
immense work was accomplished.
"I only say in answer to your letter that the delay has been beyond my
control. Mr. O'Conor yesterday expressed great confidence that he would
have manuscript for me to begin printing by to-morrow or next day, and
that I shd. have the affds. for the use to oppose Tweed's motion for a
bill of particulars June 1st.
"From what he has said I suppose that when ready for our use they will
be for all, and that we can commence the other suits next week.
"Whether the delay was wise or not is not the question.
"I only say that whether wise or unwise I am not _responsible_ for it,
for I had not the _power_ to control it. _Responsibility goes with
power._
"Yours truly,
"WHEELER H. PECKHAM."
"I will watch for criticisms in the papers as to pardoning, etc., and
see that any error is corrected.
"I rather think that the publication of the affds. Mr. O'Conor is
preparing will be the best answer that can be made to criticisms, and I
now feel quite hopeful that they will be ready next week."