CHAPTER XV

THE STATE CARRIED BY FRAUD

1868

Horatio Seymour's nomination for President worried his Republican

opponents in New York. It was admitted that he would adorn the great

office, and that if elected he could act with more authority and

independence than Chief Justice Chase, since the latter must have been

regarded by Congress as a renegade and distrusted by Democrats as a

radical. It was agreed, also, that the purity of Seymour's life, his

character for honesty in financial matters, and the high social

position which he held, made him an especially dangerous adversary in

a State that usually dominated a national election. On the other hand,

his opponents recalled that whenever a candidate for governor he had

not only run behind his ticket, but had suffered defeat three out of

five times. It was suggested, too, that although his whole public life

had been identified with the politics of the Commonwealth, his name,

unlike that of Daniel D. Tompkins, DeWitt Clinton, or Silas Wright,

was associated with no important measure of State policy. To this

criticism Seymour's supporters justly replied that as governor, in

1853, he had boldly championed the great loan of ten and one-half

millions for the Erie Canal enlargement.

As usual national issues controlled the campaign in New York. Although

both parties denounced corruption in the repair of the Erie Canal, the

people seemed more concerned in a return of good times and in a better

understanding between the North and South. The financial depression of

the year before had not disappeared, and an issue of greenbacks in

payment of the 5-20 bonds, it was argued, would overcome the policy

of contraction which had enhanced the face value of debts and

decreased the price of property. Pendleton's tour through Maine

emphasised this phase of the financial question, and while Democrats

talked of "The same currency for ploughboy and bondholder,"

Republicans insisted upon "The best currency for both ploughboy and

bondholder."

The campaign in Maine, however, satisfied Republicans that the

Southern question, forced into greater prominence by recent acts of

violence, had become a more important issue than the financial

problem. In Saint Mary's parish, Louisiana, a Republican sheriff and

judge were shot, editors and printers run out of the county, and their

newspaper offices destroyed. But no arrests followed. In Arkansas a

Republican deputy sheriff was tied to a negro and both killed with one

shot. In South Carolina a colored State senator, standing on the

platform of a street car, suffered the death penalty, his executioners

publicly boasting of their act. In Georgia negro members of the

Legislature were expelled. Indeed, from every Southern State came

reports of violence and murder. These stories were accentuated by the

Camilla riot in Georgia, which occurred on September 19. With banners

and music three hundred Republicans, mostly negroes, were marching to

Camilla to hold a mass meeting. Two-thirds of them carried arms.

Before reaching the town the sheriff endeavoured to persuade them to

lay aside their guns and revolvers, and upon their refusal a riot

ensued, in which eight or nine negroes were killed and twenty or

thirty wounded. As usual their assailants escaped arrest and injury.

General Meade, commander of the department, reported that "the authors

of this outrage were civil officers who, under the guise of enforcing

the law and suppressing disorder, had permitted a wanton sacrifice of

life and blood."[1193]

[Footnote 1193: Report of the Secretary of War, 1868, p. 81.]

The mere recital of these incidents aroused Northern feeling. It was

the old story--murder without arrests or investigation. The

knowledge, too, that it was in part the work of the Ku-Klux-Klan, a

secret organisation pledged to disfranchise the negro by intimidation,

intensified the bitterness. It is probably true that many reported

atrocities were merely campaign stories. It is likely, too, that horse

thieves and illicit distillers screened their misdeeds behind the

Ku-Klux. It is well understood, also, that ambitious carpet-bag

agitators, proving bad instructors for negroes just emerging from

slavery, added largely to the list of casualties, making crime appear

general throughout the South. But whether violence was universal or

sporadic Republicans believed it a dangerous experiment to commit the

government to the hands of "rebels and copperheads," and in their

contest to avoid such an alleged calamity they emphasised Southern

outrages and resurrected Seymour's speech to the draft rioters in

July, 1863. To give the latter fresh interest Nast published a cartoon

entitled "Matched,"[1194] which represented Grant demanding the

unconditional surrender of Vicksburg, while Seymour, addressing a mob

of foreigners wet with the blood of their victims, called them "my

friends." Nast presented another cartoon which disturbed the

Democracy. It represented John T. Hoffman standing before a screen

behind which a gang of thieves was busily rifling the city treasury.

The face of Hoffman only was depicted, but the picture's serious note

of warning passed for more than a bit of campaign pleasantry. Frank P.

Blair, the Democratic candidate for Vice-President, also furnished a

text for bitter invective because of his declaration that "there is

but one way to restore the government and the Constitution and that is

for the President-elect to declare the Reconstruction Acts null and

void, compel the army to undo its usurpations at the South, disperse

the carpet-bag State governments, allow the white people to reorganise

their own governments and elect senators and representatives."[1195]

Republicans charged that this represented the Democratic policy. On

the other hand, the closing sentence of Grant's brief letter of

acceptance, "Let us have peace," became the shibboleth of his

followers, who claimed that the courteous and deferential spirit shown

at Appomattox would characterise his administration. Indeed, the issue

finally resolved itself to "Blair and Revolution" or "Grant and

Peace," and after a contest of unusual bitterness Republicans carried

the October States, although with greatly reduced majorities.

Pennsylvania gave only 10,000, Ohio 17,000, and Indiana less than

1,000.

[Footnote 1194: Albert B. Paine, _Life of Thomas Nast_, p. 130.]

[Footnote 1195: McPherson, _History of Reconstruction_, p. 381.]

Though these elections presaged a Republican victory in November,

Democrats, still hopeful of success, renewed their efforts with great

energy. Blair went to the rear and Seymour took the stump. With

studied moderation Seymour had written his letter of acceptance to

catch the wavering Republican voter. He made it appear that the South

was saved from anarchy by the military, and that the North, to the

sincere regret of many Republicans and their ablest journals, was no

longer controlled by the sober judgment of the dominant party's safest

leaders. "There is hardly an able man who helped to build up the

Republican organisation," he said, "who has not within the past three

years warned it against its excesses." These men he pictured as forced

to give up their sentiments or to abandon their party, arguing that

the latter's policy must be more violent in future unless checked by a

division of political power. "Such a division," he said, adroitly

seeking to establish confidence in himself, "tends to assure the peace

and good order of society. The election of a Democratic Executive and

a majority of Democratic members to the House of Representatives would

not give to that party organisation the power to make sudden or

violent changes, but it would serve to check those extreme measures

which have been deplored by the best men of both political

organisations."[1196]

[Footnote 1196: Horatio Seymour, _Public Record_, p. 345.]

Preaching this gospel of peace Seymour passed through Western New

York, Pennsylvania, Ohio, Indiana, and Illinois, attempting to

overcome the prestige of Grant's great fame, and to stem the tide of

Northern prejudice against Southern outrages. Meanwhile Roscoe

Conkling, having returned from a pleasure trip to Denver, entered the

campaign with earnestness against his brother-in-law. He desired

especially to carry Oneida County, to which he devoted his energies in

the closing days of the contest, making a schoolhouse canvass that

lifted the issue above local pride in its distinguished citizen who

headed the Democratic ticket. In going the rounds he met "Black

Paddy," a swarthy Irishman and local celebrity, who announced that he

had "turned Democrat."

"How so?" asked the Senator.

"Shure, sir," replied the quick-witted Celt, "O'im payin' ye a

compliment in votin' for your brother-in-law."[1197]

[Footnote 1197: A.R. Conkling, _Life of Roscoe Conkling_, p. 313.]

Near the close of the campaign, in accordance with the habit of many

years, William H. Seward returned to Auburn to speak to his neighbors

and townsmen. No one then realised that this was to be his last

political meeting, or that before another presidential election

occurred he would have entered upon his long sleep on Fort Hill. But

the hall was as full as if it had been so advertised. He was neither

an old man, being sixty-seven, nor materially changed in appearance.

Perhaps his face was a trifle thinner, his hair lighter, and his jaw

more prominent, but his mental equipment survived as in the olden days

when the splendid diction hit the tone and temper of the anti-slavery

hosts. His speech, however, showed neither the spirit that nerved him

in the earlier time, nor the resources that formerly sustained him in

vigorous and persuasive argument. He spoke rather in a vein of

extenuation and reminiscence, as one whose work, judged by its

beginnings, had perhaps ended unsatisfactorily as well as illogically,

and for which there was no sufficient reason.[1198]

[Footnote 1198: _Seward's Works_, Vol. 5, pp. 550-556.]

This speech had the effect of widening the breach between him and his

old associates, who bitterly resented his apparent indifference in the

great contest, while men of a younger generation, looking at him with

wonder and interest, found it hard to realise that he had been one of

the most conspicuous and energetic figures in political life. How

complete was the loss of his political influence is naïvely

illustrated by Andrew D. White. "Mr. Cornell and I were arranging a

programme for the approaching annual commencement when I suggested Mr.

Seward for the main address. Mr. Cornell had been one of Mr. Seward's

lifelong supporters, but he received this proposal coldly, pondered it

for a few moments silently, and then said dryly: 'Perhaps you are

right, but if you call him you will show to our students the deadest

man that ain't buried in the State of New York.'"[1199]

[Footnote 1199: _Autobiography_, Vol. 1, p. 151.]

Samuel J. Tilden voiced the supreme ante-election confidence of the

Democrats. "Speaking from an experience of more than thirty years in

political observation and political action," he said, "I do not

hesitate to say that in no presidential conflict since the days of

Andrew Jackson have omens of victory to any party or any cause been so

clear, so numerous, and so inspiring as those which now cheer the

party of the national Democracy to battle in the cause of American

liberty."[1200] The victory of 1867, in the opinion of leading

Democrats, had removed the Empire State from the doubtful list, but

while proclaiming their confidence of success many of them knew that a

confidential circular, issued from the rooms of the Democratic State

Committee and bearing the signature of Samuel J. Tilden, instructed

certain persons in each of the up-State counties to telegraph William

M. Tweed, "the minute the polls close and at his expense," the

probable Republican majority.[1201] Its purpose was plain. The

conspirators desired to know how many fraudulent votes would be needed

to overcome the Republican superiority, and their method, then novel

and ingenious, avoided all chance of failure to carry the State.

Tilden denied knowledge of this circular. He also disclaimed its evil

purpose, but preferred to remain silent rather than denounce the

forgers.[1202]

[Footnote 1200: John Bigelow, _Life of Samuel J. Tilden_, Vol. 1, p.

217.]

[Footnote 1201: New York _Tribune_, November 14, 1868.]

[Footnote 1202: New York _Evening Post_, November 4, 1868; _Harper's

Weekly_, September 30, 1876.]

Forewarned by the returns of 1867 Griswold's supporters, fearing fraud

in the metropolis, invoked the aid of the United States Court to

prevent the use of forged naturalisation papers, which resulted in the

indictment of several men and the publication of fraudulent registry

lists. Against such action John T. Hoffman, as mayor, violently

protested. "We are on the eve of an important election," said his

proclamation. "Intense excitement pervades the whole community.

Unscrupulous, designing, and dangerous men, political partisans, are

resorting to extraordinary means to increase it. Gross and unfounded

charges of fraud are made by them against those high in authority.

Threats are made against naturalised citizens, and a federal grand

jury has been induced to find, in great haste and secrecy, bills of

indictment for the purpose, openly avowed, of intimidating them in the

discharge of their public duties.... Let no citizen, however, be

deterred by any threats or fears, but let him assert his rights boldly

and resolutely, and he will find his perfect protection under the laws

and the lawfully constituted authorities of the State. By virtue of

authority invested in me I hereby offer a reward of $100 to be paid on

the arrest and conviction of any person charged ... with intimidating,

obstructing or defrauding any voter in the exercise of his right as an

elector."[1203] Thus did the Tweed Ring strike back.

[Footnote 1203: New York _Times_, November 2, 1868.]

The result of the election in the country at large deeply disappointed

the Democrats. Grant obtained 214 electoral votes in twenty-six

States, while Seymour secured 80 in eight States. In New York,

however, the conspirators did their word well. Although the

Republicans won a majority in both branches of the Legislature and

elected eighteen of the thirty-one congressmen, Seymour carried the

State by 10,000 and Hoffman by 27,946.

After the election the Union League Club charged that in New York City

false naturalisation and fraudulent voting had been practised upon a

gigantic scale. It appeared from its report that one man sold seven

thousand fraudulent naturalisation certificates; that thousands of

fictitious names, with false residences attached, were enrolled, and

that gangs of repeaters marched from poll to poll, voting many times

in succession. The _Tribune_ showed that in twenty election districts

the vote cast for Hoffman largely exceeded the registry lists, already

heavily padded with fictitious names, and that by comparison with

other years the aggregate State vote clearly revealed the work of the

conspirators.[1204] Instead of being the choice of the people, it said,

"Hoffman was 'elected' by the most infamous system of fraud."[1205]

Andrew D. White wrote that "the gigantic frauds perpetrated in the

sinks and dens of the great city have overborne the truthful vote and

voice of the Empire State. The country knows this, and the Democratic

party, flushed with a victory which fraud has won, hardly cares to

deny it."[1206] A few months later Conkling spoke of it as a well known

fact that John T. Hoffman was counted in. "The election was a

barbarous burlesque," he continued. "Many thousand forged

naturalisation papers were issued; some of them were white and some

were coffee-coloured. The same witnesses purported to attest hundreds

and thousands of naturalisation affidavits, and the stupendous fraud

of the whole thing was and is an open secret.... Repeating, ballot-box

stuffing, ruffianism, and false counting decided everything. Tweed

made the election officers, and the election officers were corrupt.

Thirty thousand votes were falsely added to the Democratic majority in

New York and Brooklyn alone. Taxes and elections were the mere spoil

and booty of a corrupt junta in Tammany. Usurpation and fraud

inaugurated a carnival of corrupt disorder; and obscene birds without

number swooped down to the harvest and gorged themselves on every side

in plunder and spoliation."[1207]

[Footnote 1204: New York _Tribune_, November 6, 1868.]

[Footnote 1205: _Ibid._, November 7.]

[Footnote 1206: _Ibid._, November 23.]

[Footnote 1207: From speech of Conkling delivered in the U.S. Senate,

April 24, 1879.--Thomas V. Cooper, _American Politics_, Book 3, p.

180.]

When Congress convened a committee, appointed to investigate

naturalisation frauds in the city of New York, reported that prior to

1868 the Common Pleas and Superior Courts, controlling matters of

naturalisation, annually averaged, from 1856 to 1867, 9,000 new

voters, but that after the Supreme Court began making citizens on

October 6, 1868, the number rapidly increased to 41,112. Several

revelations added interest to this statement. Judge Daly served in the

Common Pleas, while McCunn, Barnard, Cardozo, and others whom Tweed

controlled, sat in the Supreme and Superior Courts. Daly required from

three to five minutes to examine an applicant, but McCunn boasted that

he could do it in thirty seconds, with the result that the Supreme

Court naturalised from 1,800 to 2,100 per day, whereas the Common

Pleas during the entire year acted upon only 3,140. On the other hand,

the Supreme and Superior Courts turned out 37,967. "One day last week

one of our 'upright judges,'" said the _Nation_, "invited a friend to

sit by him while he played a little joke. Then he left off calling

from the list before him and proceeded to call purely imaginary names

invented by himself on the spur of the moment: John Smith, James

Snooks, Thomas Noakes, and the like. For every name a man instantly

answered and took a certificate. Finally, seeing a person scratching

his head, the judge called out, 'George Scratchem!' 'Here,' responded

a voice. 'Take that man outside to scratch,' said his honour to an

usher, and resumed the more regular manufacture of voters."[1208]

[Footnote 1208: The _Nation_, October 29, 1868.]

To show that a conspiracy existed to commit fraud, the committee

submitted valuable evidence contributed by the clerks of these courts.

Instead of printing the usual number of blank certificates based on

the annual average of 9,000, they ordered, between September 16 and

October 23, more than seven times as many, or 69,000, of which 39,000

went to the Supreme Court. As this court had just gone into the

naturalisation business the order seemed suspiciously large. At the

time of the investigation 27,068 of these certificates were

unaccounted for, and the court refused an examination of its records.

However, by showing that the vote cast in 1868, estimated upon the

average rate of the increase of voters, should have been 131,000

instead of 156,000, the committee practically accounted for them. The

_Nation_ unwittingly strengthened this measured extent of the fraud,

declaring on the day the courts finished their work, that of "the

35,000 voters naturalised in this city alone, 10,000 are perhaps

rightly admitted, 10,000 have passed through the machine without

having been here five years, and the other 15,000 have never been near

the courtroom."[1209] A table also published by the committee showed

the ratio of votes to the population at each of the five preceding

presidential elections to have been 1 to 8, while in 1868 it was 1 to

4.65. "The only fair conclusion from these facts would be," said the

_Nation_, "that enormous frauds were perpetrated."[1210]

[Footnote 1209: The _Nation_, October 29, 1868.]

[Footnote 1210: _Ibid._, March 4, 1869.]

On the other hand, the Democratic minority of the committee, after

examining Hoffman and Tweed, who disclaimed any knowledge of the

transactions and affected to disbelieve the truth of the charges,

pronounced the facts cited "stale slanders," and most of the witnesses

"notorious swindlers, liars, and thieves," declaring that the

fraudulent vote did not exceed 2,000, divided equally between the two

parties. Moreover, it pronounced the investigation a shameful effort

to convict the Democracy of crimes that were really the result of the

long-continued misgovernment of the Republicans. If that party

controlled the city, declared one critic, it would become as adept in

"repeating" as it was in "gerrymandering" the State, whose Legislature

could not be carried by the Democrats when their popular majority

exceeded 48,000 as in 1867. This sarcastic thrust emphasised the

notorious gerrymander which, in spite of the Tammany frauds, gave the

Republicans a legislative majority of twenty-four on joint-ballot.

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