CHAPTER XIV

WHIG FAILURE RESTORES TAMMANY TO POWER

1838-1840

The course of the Whig city administration served only to strengthen

Tammany and was responsible for the conviction, which later so often

prevailed, that if Tammany Hall was bad the Whigs were no better, and

were perhaps worse. At this time of general distress complaints were

numerous that the sum of $1,300,000 was exacted from the rentpayers in

a single year. In the early part of 1838 one-third of all the persons

in New York City who subsisted by manual labor was substantially or

wholly without employment.[1] Not less than 10,000 persons were in

utter poverty and had no other means of surviving the Winter than those

afforded by the charity of neighbors. The Almshouse and all charitable

institutions were full to overflowing; the usual agencies of charity

were exhausted or insufficient, and 10,000 sufferers were still uncared

for. The great panic of 1837 had cut down the city’s trade one-half.

Notwithstanding the fall of prices, the rents for tenements in New

York were greater than were paid in any other city or village upon

the globe.[2] So exorbitant were the demands of the landlords that

the tenants found it impossible to meet them. The landowners were the

backbone of the Whig party; it was not unnatural, therefore, that

their rapacity developed among the people at large a profound distrust

of Whig men and principles.

The Whig officials, so far as can be discovered, took no adequate steps

to relieve the widespread suffering. The Tammany ward committees, on

the other hand, were active in relief work. This was another of the

secrets of Tammany Hall’s usual success in holding the body of voters.

The Whigs made fine speeches over champagne banquets, but kept at a

distance from the poor, among whom the Wigwam workers mingled, and

distributed clothing, fuel and food and often money. The leaders set

the example. One of these was John M. Bloodgood,[3] who frequently went

among the charitable citizens, collecting, in a large basket, cakes,

pies, meat and other eatables, and distributing them among the needy.

In the Spring of 1838 Tammany nominated Isaac L. Varian for Mayor,

and the Whigs renominated Aaron Clark. The Whigs used the panic as an

example of the result of Democratic rule. Controlling the city, they

employed all its machinery to win. It was reasonably certain that they

did not stop at fraud. In some wards canvassing was delayed until

other wards were heard from. In still other wards the Whigs refused

to administer the oath to naturalized citizens. With all this they

obtained a plurality of only 519 out of 39,341 votes. Had it not been

for dissensions in the tumultuous Sixth Ward, Tammany would have won.

In the Fall election of 1838 the Whig frauds were enormous and

indisputable. The Whigs raised large sums of money, which were handed

to ward workers for the procuring of votes. About two hundred roughs

were brought from Philadelphia, in different divisions, each man

receiving $22. Gen. Robert Swartwout, now a Whig, at the instance

of such men as Moses H. Grinnell, Robert C. Wetmore and Noah Cook,

former Wigwam lights, who left the Hall because the “destructionist”

Anti-Monopolists captured it, arranged for the trip of these fraudulent

voters. After having voted in as many wards as possible, each was to

receive the additional compensation of $5. They were also to pass

around spurious tickets purporting to be Democratic. The aggregate

Whig vote, it was approximated, was swelled through the operations of

this band by at least five to six hundred.[4] One repeater, Charles

Swint, voted in sixteen wards. Such inmates of the House of Detention

as could be persuaded or bullied into voting the Whig ticket were set

at large. Merritt, a police officer, was seen boldly leading a crowd

of them to the polls. Ex-convicts distributed Whig tickets and busily

electioneered. The cabins of all the vessels along the wharves were

ransacked, and every man, whether or not a citizen or resident of New

York, who could be wheedled into voting a Whig ballot, was rushed to

the polls and his vote was smuggled in. The Whigs were successful,

their candidate for Governor, William H. Seward, receiving 20,179

votes, to 19,377 for William L. Marcy.

Departing from its custom of seeking local victory on national issues,

Tammany, in April, 1839, issued an address expatiating on the increase

of the city expenses from a little over $1,000,000 in 1830 to above

$5,000,000 in 1838. Deducting about $1,500,000 for the Croton works,

there would still remain the enormous increase of $2,500,000. The

city population had not trebled in that time, nor had there been any

extraordinary cause for expenditure. Where had all this money gone?

Tammany further pointed out that, unlike the Whigs, it had never

stooped so low as to discharge the humble laborers in the public

service, when it (Tammany) held the Common Council. Nor had it ever

been so abject as to provide them with colored tickets, as the Whigs

had done, so that the laborers might be detected if they voted contrary

to their masters. Tammany further charged that the Whigs in the

previous election had taken the Almshouse paupers, with embossed satin

voting tickets in their hands, to the polls, and were planning to do it

again.

Tammany made good use of this charge. But the practise was not

exclusively a Whig industry. In those years both Democrats and Whigs,

according to which held power, forced Almshouse paupers to vote. For

a fortnight before the election the paupers were put in training. On

the morning of election they were disguised with new clothing, so that

the public might not see their gray uniforms. They were given tickets

to vote “and tickets for grog, silver coin and also good advice as to

their conduct at the polls.” Then they were carried to the polls in

stages, with an officer on each step to see that none escaped. Many

would return to the Almshouse drunk and with torn clothing, or after

having exchanged their new garments for liquor.[5] There were usually

about 300 paupers. In the Fall and Winter of 1838 a quarter of the

population was relieved at the Almshouse.

Clark and Varian were both renominated for Mayor in the Spring of 1839.

Preparations for fraud on a large scale were made by both parties. The

newspapers supporting Varian admitted that Tammany thought proper to

follow the Whigs’ example, and to counteract its effects, by colonizing

the doubtful wards with Democratic voters. On both sides repeating was

general. An Albany police officer named Coulson brought twenty-three

persons, one of whom was only seventeen years old, to New York City,

where they voted the Whig ticket in the different wards. For this they

received $5 in advance, and $1 a day.

Of the 41,113 votes Varian[6] received 21,072, and Clark 20,005. The

Wigwam secured a majority of 12 in the Common Council.

Fearing that Tammany in power would use the administration machinery

in elections even more than had the Whigs, the latter now made a great

outcry for a registry law,[7] proclaiming it the only fraud preventive.

The sudden conversion of the Whig leaders to civic purity called forth

derision. But the people at large, the non-politicians, ashamed of such

barefaced frauds in their city, took up the agitation. The Registry

bill was introduced in the Legislature in May, 1839. It provided for

the registration of voters in New York City, and made fraudulent voting

a felony, with severe penalties.

After the frauds of 1834 the Wigwam leaders had given out that they

would take serious steps to obtain from the Legislature a law causing

voters to be registered, but had done nothing. They now opened a

campaign against the Whig bill. In the Spring of 1840 the ward

committees declared against it on the pretext that it interfered with

constitutional rights; that it was an insidious attempt to take from

the poor man either his right of suffrage or to make the exercise of

that right so inconvenient as practically to debar him from voting.

The Common Council, on March 16, 1840, denounced the proposed law as

inquisitorial, tyrannical and disfranchising in its effect, as well

as unjust, because they (the Aldermen) “know of no sin which she (New

York City) has committed to make her worthy of the signal reproach now

sought to be cast upon her.”[8] A few days later the Common Council

on joint ballot delivered itself of a solemn protest against the

constitutionality of the Registry bill, and on the night of March 24

an assemblage in the Wigwam did likewise. It was in this year that the

full account of the Whig frauds of 1838 was made public. Commenting

upon this, the Tammany Nominating Committee, with characteristic

naïveté, said in its address: “It is with shame that we record these

dark transactions and proclaim them to the people. We would, if we

could, blot out their existence, for it brings disgrace on our whole

country and will make the enemies of civil freedom laugh with joy.”

The Registry bill became a law, but Tammany continued to protest

against it. When, in 1841, the Legislature increased the penalties

for its violation, Acting Mayor Elijah F. Purdy commented upon it

severely.[9]

The able, sincere and high-minded William Leggett, the guiding spirit

of the Equal Rights party, died on May 29, 1839, not quite forty years

old. The Tammany Young Men’s General Committee eulogized his virtues

and talents, proclaimed him amongst the purest of politicians and

announced the purpose of raising a monument to his memory. Of this

committee, curious to relate, the chairman was Fernando Wood and the

secretary Richard B. Connolly--two men who became known for anything

but devotion to the virtues they here exalted.

Leggett, some years before this, had become a radical Abolitionist. By

this time the anti-slavery movement in the city and State had grown to

considerable proportions, though as yet it had exercised but little

influence on politics. Several riots had taken place in the streets of

the city, two rather serious ones happening on July 9 and 10, 1834,

and June 21, 1835, and Lewis Tappan, an anti-slavery propagandist, had

been mobbed. The local movement gradually acquired new adherents, and

constantly increased its propaganda. At this period, however, it was

more in the nature of a growing moral force.

During this period another great series of disclosures regarding

Tammany chieftains was made public. Samuel Swartwout, whom Jackson

had made Collector of the Port shortly after coming into office in

1829, fled from the city late in 1838. He had long been a power in the

organization. His name had been mentioned unpleasantly when he, with

M. M. Noah and Henry Ogden,[10] contrived by means of their official

positions to get $10,000 reward for the recovery of the jewels stolen

from the Prince of Orange, though the recovery had been made by others.

And in 1833 he had threatened, as Collector of the Port, to remove the

Custom House uptown because the merchants would not lend him more than

$7,000 on the strength of some worthless “Jersey meadows.” Three years

later he was connected with the unsavory Harlem Railroad stock corner

and the manipulation of the funds of the Commercial Bank. Early in 1838

he joined forces with the notorious politicians of the Seventh Ward

Bank for the defeat of William Leggett for the Democratic nomination

for Congress, securing the nomination of Isaac L. Varian in his

stead. A few months later the city was astounded to learn that since

1830 he had been systematically robbing the Government, through the

manipulation of Custom House receipts, and that the total of his thefts

amounted to nearly $1,250,000.[11] Fleeing to Europe, he wandered

aimlessly about[12] for many years.[13] The community was so impressed

with the size of this defalcation that a verb, “to Swartwout,” was

coined, remaining in general use for many years thereafter. A defaulter

was generally spoken of as having “Swartwouted.”

A lesser figure in Tammany circles, though a person of considerable

consequence, followed Swartwout in flight. This was William M. Price,

at the time District Attorney for the Southern District of New York. It

was discovered that he had defaulted to the Government in the sum of

$75,000. Price, like so many other Tammany politicians of his time, had

been mixed up with Seventh Ward Bank politics. During the latter part

of his career he had been known as the personal representative in the

city of President Van Buren.

During the following Spring, William Paxen Hallett, a member of the

“Big Four” against whom the Equal Rights party had so energetically

protested in 1836, was made the defendant in a civil suit involving

grave fraud. As referee in a suit for damages of one John A. Manning

against one Charles J. Morris, Hallett had wrongfully reported that

only trifling judgments remained outstanding against Morris, and the

court had accordingly given the latter a year’s time in which to make

good a judgment for $3,496 rendered in favor of Manning. It appeared,

however, in the proceedings before the Superior Court, May 20, 1839,

that Hallett knew, or should have known, of a previous judgment

against the defendant for $15,014.44 in favor of one Nathan Davis, who

during the year of grace seized upon all of Morris’s property, thus

defrauding Manning. The testimony was so convincing that Hallett was

forced to compromise the suit by paying the damages asked for. Through

the influence of the organization, however, he escaped prosecution.

The “ring” of Police Justices had for several years been a crying

scandal. Whig and Tammany magistrates were equally involved. Public

clamor fixed upon John M. Bloodgood, despite his private charities,

as the first victim. The Assistant Aldermen impeached him in January,

1839,[14] and submitted the case to the Court of Common Pleas, by

whom he was tried.[15] Testimony was brought out tending to show that

the Police Justices, by means of an understanding with policemen and

jailers, extorted money from prisoners and shielded counterfeiters,

thieves, street walkers and other malefactors from arrest or

conviction. The charges were dismissed.[16] Stronger testimony of the

same kind was brought out in May, 1840, on the trial of Police Justice

Henry W. Merritt, and other testimony involved in the same way Special

Justice Oliver M. Lowndes. The case, however, was dismissed.[17]

A strong public agitation had been waged for the reorganization of the

criminal courts. The _Weekly Herald_ of February 1, 1840, had made the

statement that the farce of conducting the correctional machinery of

the city involved a yearly sum of $1,360,564--this sum being the total

of judges’, policemen’s and court attendants’ salaries (about $50,000),

added to the blackmail exacted from offenders, and various “pickings

and stealings.” The statement was an extravagant one; $700,000 would

have been nearer the mark. But whatever the sum, the acquittal of the

Police Justices by their fellows in judicial evil-doing indicated that

the carnival was to continue. The Tammany leaders had been “out” for

the two years 1837-38, and were now vigorously making hay while the sun

shone, while such of their Whig contemporaries as still held office

were vying with the chiefs in systematic and organized plundering.

The Manhattan Bank scandals were made public in February, 1840. This

was the bank whose charter Aaron Burr had so ingeniously secured in

1799. It had been a Tammany institution from the beginning, and Tammany

politicians had ruled its policies. It was now generally regarded as

the leading financial institution in the city, rivaled only by the Bank

of America. It carried $600,000 of Government funds on deposit, and, of

course, a large city and State fund.

It was now shown that for years it had loaned large sums to Tammany

leaders and to family connections of its directors and officials, and

that it had spent other large sums for political purposes. The total

of its worthless loans and political expenditures reached the enormous

sum of $1,344,266.99. Cashier Campbell P. White, tried on the technical

charge of stealing several of the bank’s books, was freed through the

disagreement of the jury,[18] but on a second trial, charged with

assaulting Jonathan Thompson, a Tammany director of the bank who had

criticized his management, he was fined $250 and imprisoned for fifteen

days.[19] In the midst of the excitement Colin G. Newcomb, the teller,

disappeared with $50,000. That the bank weathered the storm well-nigh

reaches the dimensions of a miracle. Paulding, twice a Tammany Mayor;

Bowne, another Tammany ex-Mayor; and Robert H. Morris, at that time

Recorder, appeared as the defendant’s witnesses in the first trial.

White was an influential Wigwam chief, and in 1832 had been elected to

Congress on the Tammany ticket.

FOOTNOTES

[1] The _New Yorker_, January 20, 1838.

[2] _Ibid._, February 17, 1838. James Parton, in his biography of

Horace Greeley, attributes the latter’s conversion and life-long

devotion to Socialist principles in large part to the frightful

sufferings which he witnessed in New York City, in the Winter of 1838.

[3] Bloodgood was the son of Abraham Bloodgood, one of the earliest

Tammany politicians. The son likewise achieved considerable influence

in the organization. He was for a long time a Police Justice. He will

be met with again toward the end of this chapter.

[4] Confession of Hart Marks, one of the leaders, before Justice

Lowndes in the lower Police Court, November 6, 1838, and of Jonathan D.

Stevenson and others in the Recorder’s Court, October 20, 1840.

[5] _Documents of the Board of Aldermen_, 1844-45, XI, No. 51.

[6] Varian was a rugged, popular, but not over-educated man. Sir

Charles Lyell, the noted British geologist, once asked him questions

as to the formation of Manhattan Island. Varian said he had dug a well

on his farm at Murray Hill and after going through “a stratagem of

sand and a stratagem of clay they struck a stratagem of red rock.” At

another time, while reading a New York newspaper at the Stanwix House

in Albany, Varian remarked to Walter Bowne, then Mayor, that they had a

new Street Inspector in New York City. “Indeed! who is he?” “A perfect

stranger,” replied Varian; and he read from the paper: “‘Last evening

the wind suddenly changed to the north, and this morning, thanks to Old

Boreas, our streets are in a passable condition.’ Old Boreas,” said

Varian, reflectively, “I thought I knew every Democrat in New York, but

I never heard of him.”

[7] In 1834 the Board of Assistant Aldermen had passed a resolution in

favor of the registry of voters, and the Native American Association,

early in 1838, had petitioned the Legislature similarly. The Whigs

seized hold of the movement as political capital for themselves.

[8] _Proceedings of the Board of Aldermen_, Vol. XVIII, pp. 404-5.

[9] _Ibid._, Vol. XX, pp. 229-30.

[10] Ogden was a Tammany politician of considerable importance. At the

time of Swartwout’s flight he was the Cashier of the Custom House, a

post which he had held for several years. He was also a director of the

Seventh Ward Bank.

[11] The exact amount was $1,222,705.69. _House Executive Document, No.

13, Twenty-fifth Congress, Third Session_; also _House Report, No. 313_.

[12] A pathetic tale is told of an American meeting Swartwout in

Algiers, several years after this episode, and of the defaulter crying

like a child over his enforced exile from the land of his birth.

[13] Jesse Hoyt, another Sachem, succeeded Swartwout as Collector of

the Port. Hoyt was charged, about this time, with having defaulted in

the sum of $30,000 in dealings with certain Wall street brokers. The

Superior Court Judgment Roll for 1839-40 records two judgments against

him, secured by Effingham H. Warner, one for $10,000 and one for

$5,747.72. Both judgments were satisfied within a few years after his

assumption of the Collectorship of the Port.

[14] See “Articles of Impeachment,” _Journal and Documents of the Board

of Assistant Aldermen_, 1839, Vol. XIII, No. 12 and No. 25.

[15] _Court Minutes, New York Common Pleas_, record of February 19 and

20, 1839. (These records are neither paged nor indexed.) The Common

Pleas of this time was popularly known as the Mayor’s Court; and the

Judges were the Mayor, Recorder and certain Aldermen. The later Court

of Common Pleas was not established until 1856.

[16] A curious reason for the dismissal was given in the decision of

the Judges. It was that the charges had not been individually sworn to.

It appeared, therefore, that the Board of Assistant Aldermen, acting in

its official capacity in formulating impeachment proceedings, was not a

recognizable party before the Court of Common Pleas.

[17] _Journal and Documents of the Board of Assistant Aldermen_,

1839-40, Vol. XV, No. 71. The reason for dismissing these charges was

identical with that given in the case of Bloodgood. A statement of the

case is given in the report of District Attorney James R. Whiting to

the Board of Aldermen during this year. See _Proceedings of the Board

of Aldermen_, 1840, Vol. XIX, pp. 135-37. The Common Pleas volume for

1840 is missing from its place in the County Court Building.

[18] _Session Minutes_, 1840.

[19] _Ibid._

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